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  • psczd4
    12-17 01:52 AM
    Thanks pshaikh for your feedbac and ur efforts on creating a thread for tracking..





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  • sc3
    08-11 05:41 PM
    IV tracker shows 3000+ EB3-I applicants, however, it is not a good tool to make analysis off of. The sorting function does not consider month-year combo. Anybody knows how to download the data to run your own post processing??





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  • optimist
    06-17 04:10 PM
    not sure how to do this. can some one in this thread create a poll just for eb3-India just to see a ball park number of people waiting in eb3 india and for how long they are waiting (may be we can start from jan 2001 all the way till jun 2008). This atleast would give us an idea of how many IVers are waiting in eb3 queue..pls discard if you did not like this idea. thanks.

    There is a similar poll already existing- pls participate if you haven't...

    http://immigrationvoice.org/forum/showthread.php?t=6203&page=13





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  • cjagtap
    07-18 02:55 PM
    PD-APRIL 04
    140 APPROVED- 04/07
    485 APPLICATION REACHED TSC-07-02
    NO REJECTION YET OR NO RECEIPT NOTICE YET.
    CHECKED CASHED -NOT YET
    Called service center -she said they sent all the applications back but if thats the case we should have gotten it by now.
    What if we dont get any receipt notice or rejected papers till the end of this month..do we have to recreate our medical sealed envelop again? what if the doc do not have anything on the computer and can not make copies?
    IN ThAT CASE WE ARE SURELY GOING TO AGAIN MISS AUGUST 17TH DEADLINE,IF NOT WILL BE STRESSED FOR NEXT ENTIRE MONTH!!!



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  • logiclife
    03-20 02:12 PM
    Probably his employer is finding excuses not to file his GC and like his employees on H1B.

    Dude, whatever it is, get out of that hole if you cant get GC filed.

    1. Line up another job.
    2. Go there or else, tell your employer, that "Find a way to file my GC, otherwise HASTALA VISTA baybee...".
    3. Choose your option.





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  • gg_ny
    09-14 09:00 AM
    I will be doing these soon.

    Pappu, your inbox is full and cant take any more messages .. I have a suggestion, there may be members willing to spend time to help at the same time they may not able to spend hours / Daily but hours / Weekly. They probably can be assigned meaningful tasks to help you.


    Pappu, pl clean up your mailbox! I sent a Nature article with potetial contacts but the mail bounced back. On a lighter side, at least tell me you are very busy at DC right now and won't be able to do this ;-)

    -gg



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  • desi3933
    08-20 12:35 PM
    Nope, if you think that the wait time is what makes a GC worth, then would you have liked to wait for another 10 years to make it more worthy?, on the other hand if you had got the GC the very next day you applied for it, would it have been worthless?.

    The point I am trying to make is that no one can justify the wait time. it is torture.


    NKR - Sorry, I wasn't very clear and it got misunderstood.

    What I am trying to say is that whether GC takes 1 years or 5years, it is worth the wait IMHO. If I have to do all over again knowing it could take 5-6 years, I will do it. But that's just my personal opinion.

    How are things going on your side, NKR? Good Luck.





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  • santb1975
    03-13 08:52 PM
    I saw that in your earlier posts. Thanks for comming forward


    Sure. Like I stated before, I have been educating people about IV here for quite some time now. Let me know what needs to be done. If you all can share your experiences, I can work on it.



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  • nixstor
    11-12 02:13 PM
    Was just watching Late Edition on CNN..with Arlen Specter and Chuck Schumer.. Specter did mention that he expects the CIR to be passed in the next few weeks in the lame duck session by the house.. infact he mentioned that the conservative outgoing speaker Hastert in favour of this at this time..so house might pass this now..with the senate already passed this..

    Lets see who this goes ..

    which day's late edition? any transcript links?





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  • vsrinir
    09-17 11:18 AM
    Let us make real comments in this thread only.

    No unnecessary comments please!!!



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  • simple1
    01-29 06:31 AM
    nice try.

    Count me in. Just donated. Let me know if I can help fight this unfair memo in any way.





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  • sanprabhu
    11-06 12:10 PM
    I think we as high skilled immigration community need to accept some sort of restrictions on H-1B visa for our provisions for lost visa recapture or additional EB permanent visas. We need to let Senator Grassley know what we can accept. Otherwise everybody is at standstill and nothing will happen.



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  • inspectorfox
    10-10 04:57 PM
    Effect of Travel While in H1B / L-1 Status and Pending I-485

    There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article, Adjustment of Status and Travel : Your Questions Answered! (August 31, 2007), available on MurthyDotCom. The differences between entering in H1B (or L-1) status as opposed to entry on AP, as well as the effect on one's immigration status and employment authorization are explored here for the benefit of our readers.

    One Entering on AP Becomes a Parolee

    It is a common misconception that entering the U.S. on a valid AP will not impact one's H1B (or L-1) status. An individual with a pending I-485 application, who is eligible to enter in H1B (or L-1) status, may do so without abandoning the I-485 application. Using the AP to enter the U.S., however, terminates one's nonimmigrant H1B (or L-1) status. The reason for this is that an entry on AP is not considered an admission in any particular status but, rather, it is a separate form of entry known as parole. Since the most important document evidencing one's status in the U.S. is the I-94 form, one may easily determine the category of entry by looking at the I-94 issued at the port of entry. One who enters the U.S. on AP has a notation on the I-94 indicating that s/he is paroled into the U.S. An individual who uses a valid H1B (or L-1) visa to enter the U.S. is issued an I-94 specifying the appropriate nonimmigrant status and the date of expiration.

    The complete analysis, however, is not quite so simple. Under Legacy INS memoranda issued March 2000 and revised in May 2000, the H (or L) individual who enters on AP does not lose all benefits related to the H-1 (or L-1) status. This is wherein the confusion arises, as explained below.

    Parolee may Work for H1B (or L-1) Employer without Valid EAD

    Pursuant to the Legacy INS memorandum issued on May 16, 2000, a parolee may continue to work for the H1B (or L-1) employer "if the alien's H1B or L-1 employment authorization would not have expired had the alien not left and returned under advance parole." Such employment is not regarded as being unauthorized, even if the individual does not hold a valid Employment Authorization Document (EAD). In practical terms, while an individual in this situation would no longer hold a nonimmigrant status, s/he still would be able to use the H1B (or L-1) employment authorization to continue working for the H1B (or L-1) employer. This appears to be the most difficult concept to understand, as it does not have any parallel applications within other immigration concepts. The easiest way to grasp this is to think of the unexpired H1B (or L-1) approved petition and I-94 in this situation as employment authorization, which does not give one a corresponding status. Essentially, while the individual does not hold H-1 (or L-1) status after a paroled entry, s/he does retain some of the privileges of that status. It is important to note, however, that in the event that one's I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status.

    One who chooses to enter the U.S. on AP to resume working for the H1B (or L-1) employer, according to the terms of an unexpired nonimmigrant petition, is eligible to use it as employment authorization. Therefore, s/he does not need a separate EAD. Since the employee continues to hold a valid document permitting employment, the travel and reentry do not trigger any obligations on the part of the employer with respect to Form I-9 prior to the expiration of the H1B (or L-1) petition.

    EAD is Safer / H1B Makes Extensions Possible

    As a matter of precaution, since the above information is based on a long-standing Legacy INS memo, rather than law or regulation, it may be advisable to possess an EAD in this situation, in the event of any questions on the issue. However, even in that scenario, the employer would not seem to have any additional I-9 obligations, as the last document reviewed by the employer (H1B or L-1 I-94) would be unexpired. Also, the employee would be allowed to file for the H1B (or L-1) extensions even after entering on AP.

    Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition

    The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.

    Similar Result if Employer Files H1B Amendment

    The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which one uses AP for emergency travel or shorter trips, but then seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.

    Conclusion

    An H (or L) nonimmigrant with a pending I-485 application may have to make a number of decisions before traveling abroad. These decisions potentially subject one to an unintended result that could have been easily prevented, if anticipated. There are risks and variables to weigh, each of which is case specific. Because each person's situation is different, a consultation with a knowledgeable, experienced attorney is advisable prior to travel. Additionally, since AP can take several months to process, it is often a good idea to request AP just in case it is needed for an emergency or other unexpected situation, even if the intention is to travel as an H (or L) nonimmigrant.





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  • vandanaverdia
    09-11 11:58 AM
    Guys, there is a fund drive for 30k in 8 days, please help us to achieve the goal and contribute. 18k more to go.
    Help IV help you... Come to DC!!!



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  • wrldnw4me
    02-21 12:00 PM
    Nassom is going to ask for Social security taxes back when we leave the country.....

    http://autofeed.msn.co.in/pandorav3/output/Technology/125316eb-5b72-45df-8d87-eb9d305cb1ac.aspx





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  • amitga
    02-01 02:03 PM
    In my view H1B problem is directly related to Retrogression problem. Lets step backwards and analyze this.

    Why so many GC were applied at the first place that caused retrogression. Because a large number of people came on H1B to US. All these people who came to US on H1b did not actually had any extraordinary skills. These people somehow got in touch with these Desi Consulting companies and came here without any skill and without any projects. These desi consulting companies applied there GC irrespective of the fact that these guys have a job or not. Some of the people I know have sat on bench for years, living with their relatives, unable to get any job. But they had their labour filed. These knid of people would not have made to US, if these fadudent companies were not there.

    Also big companies, have a policy not to apply GC before one year of service. The point was that these companys will file GC only if they feel that the employee adds value to the company. But with these desi companys people have filed GC even before joining the companys.

    In essence if the GC process was working without these Desi companies, I can bet that the number of GC applied would have been much lower than what have we currently have.

    Substituted labor has further added to this problem.


    H1B problems have nothing to do with retrogression.

    If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?

    Nothing.

    Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.

    But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.

    At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.



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  • ramaonline
    05-25 12:58 PM
    Looks like the amt has come down to 3500 from 5000 (Not sure abt this)
    sanders is an oil salesman or what?

    http://blogs.ilw.com/gregsiskind/2007/05/thousands_of_gr.html





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  • jonty_11
    02-01 03:20 PM
    A desi consulting company brought him to the US. When they realized he wasn't going to get a project, they just didn't let go of him. Since he was a reliable guy (1. he can be trusted with monthly grocery payment 2. his labor can be sold later to others 3. he servres as an insider who can get information if other consultants are trying to be sneaky by getting their resumes marketed by another company, etc etc, basically he is an asset even thought he doesn't have a project), they just decided to keep him there. These companies don't have attorneys. They take care of all legal matters themselves. Now, how much is hte USCIS fee to file for labor? How much to file for I-140? Peanuts right? So they continue to keep his application active. How hard do you think it is to get fake references when you can make fake resumes. They have fake pay stubs. Fake experience. Fake this and fake that. Everything they do is fake.

    So to others who have said that this thread has to be dropped, and have said that these desi companies are right in doing what they're doing, or who have blamed the system - I think that you are one of those people who are involved in such a racket. I know that I have touched your nerves by letting the whole world about this (not that some people didn't know this already). Why else would you want this thread dropped?
    Actually I know a guy who lost his job and joined a restaurant as a cook or something and applied GC, then after 1 yr or so got job again and used the EAD to change to the Tech Field again and at a different location.....I hear he is indeed facing some problems now.





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  • eb3_nepa
    02-05 04:22 PM
    can the H4 not apply for a new H1B? Is H4 barred from applying for H1B? If not, I don't see where the prob lies. plus how will this solve the retrogression issue?

    Not all professions can apply for H1Bs. You need to have specific skills that the US does NOT have. Someone on here had once posted that his wife could not work as a teacher although the school was ready to offer her a job, coz there is no H1B category for teachers. The H1B visa cannot help spouses in all professions. Hence my suggestion.

    About how this will solve retrogression, IT WONT. My point is instead of trying to bring this retrogression beast down, maybe we should look at alternatives to work around it.





    cooldude
    07-18 11:44 PM
    I-140 on 6/07 & pending
    I-485 arrived to NSC july-1st @10:10 pm
    status unknown.
    My lawyer sent me the fedex tracking sheet for the I-485 package sent to:

    USCIS
    Nebraska Service Center
    850 S Street
    Lincoln, NE 68508

    I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??

    Is it a big deal?? Will my application be accepted.

    Please help
    Edit/Delete Message





    eeezzz
    03-13 04:13 PM
    No, EB3 ROW can use all the available EB3 ROW numbers. But the unused EB2 (ROW/Mex/Phil) have been distributed to the oversubscribed countries.

    That's how I interpret that.

    The popular belief was that the unused EB2 ROW would first go EB3 ROW but according to this they actually go to the oversubscribed countries in the same category (EB2)
    If EB2 quota stays at EB-2 and EB-1 quota goes to EB-2 if unused. That really benefits EB-2 India/China and will hurt all the EB-3 filer. I can see many EB-3 filer, no matter they are China/India/RoW may want to interfile and upgrade to EB-2. I wonder if USCIS do this in purpose to make extra revenue? If there are 30% of EB-3 filer try to file EB-2 again, USCIS can really make some bucks out. :eek:



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