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AirWaterandGC
07-17 07:36 PM
Thanks you CORE Team. We are proud of you.
Thank you Zoe Lofgren. Will call her today to thank her.
Thank you Zoe Lofgren. Will call her today to thank her.
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what_if
08-10 08:43 AM
I applied for my 2nd visa extension (1-year extension) after completion of 6 years in the middle of March 2007 (before I-94 expiry). My I-94 expired in the middle of March. I didn't hear from USCIS until the middle of July when they sent a huge list of request for evidence regarding my case (although I've been working on the same company's H1s for last many years now).
Meanwhile, I applied for adjustment of status on July 2nd as a beneficiary on my wife's application. If my H-1B gets rejected after sending the request for evidence for some reason now will I be out of status? Since my 180 days from my last valid I-94 will expire in the middle of September, is it a good idea to go on H4 before the middle of September and reenter the country?
In worst case, what will be my status if USCIS gets back to me, say in October, and says my H-1B extension application has been rejected?
Any input from UN or other gurus is appreciated.
Meanwhile, I applied for adjustment of status on July 2nd as a beneficiary on my wife's application. If my H-1B gets rejected after sending the request for evidence for some reason now will I be out of status? Since my 180 days from my last valid I-94 will expire in the middle of September, is it a good idea to go on H4 before the middle of September and reenter the country?
In worst case, what will be my status if USCIS gets back to me, say in October, and says my H-1B extension application has been rejected?
Any input from UN or other gurus is appreciated.
aramara
07-17 08:32 PM
Thank you for all the help and supporting the immigration related issues!!!!
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WeldonSprings
07-10 12:16 AM
I would say for EB-2 India
In 2005- 2500
But I do not know how many would be EB-2 India in 2004 between Apr.-Dec.
I looked at the links you have provided and I'm still not sure where your "50,000 EB2 India Labors...." came from. These numbers do not seem trustworthy or reliable.
Here's data directly from the DOL ETA website.....
3/28/2005 to 10/28/2005 there were a total of 15973 Labor certifications approved - that includes EB1, 2, 3, 4 for all countries, and 3734 cases for Indian nationals in EB1, 2, 3, 4. Of course a part of EB1 and all of EB5 don't need labor certs.
If you download the database from the DOL website, apply filters for India, approved cases, then filter out all Level I in all non-managerial occupations, followed by non EB2 job descriptions - you end up with ~ 8 - 9% approvals for EB2-IN which is approx 1300 - 1400 primary applicants.
In my estimates, i removed most computer programmer level occupations as the USCIS has been very reluctant to approve EB2 for these cases - i could be wrong here.
As you see, it is IMPOSSIBLE for EB2 IN cases between 3/28/2005 to 10/28/2005 to be much more than 3800 (that is approx 3800 x 2 visas incl dep).
A total of nearly 50000 EB2 IN applicants (including dep) for 2004 and 2005 may be possible.
The massive retrogressions we are seeing is mainly because of the fact that only 15439 EB2 visas were issued in 2003, and 32532 i 2004 thanks to DOL backlogs and mis-interpretations of the law by DOS !!!! compare that with an average of 43,000 in most other years since the 1990s.
I'm pretty confident that your numbers are incorrect
In 2005- 2500
But I do not know how many would be EB-2 India in 2004 between Apr.-Dec.
I looked at the links you have provided and I'm still not sure where your "50,000 EB2 India Labors...." came from. These numbers do not seem trustworthy or reliable.
Here's data directly from the DOL ETA website.....
3/28/2005 to 10/28/2005 there were a total of 15973 Labor certifications approved - that includes EB1, 2, 3, 4 for all countries, and 3734 cases for Indian nationals in EB1, 2, 3, 4. Of course a part of EB1 and all of EB5 don't need labor certs.
If you download the database from the DOL website, apply filters for India, approved cases, then filter out all Level I in all non-managerial occupations, followed by non EB2 job descriptions - you end up with ~ 8 - 9% approvals for EB2-IN which is approx 1300 - 1400 primary applicants.
In my estimates, i removed most computer programmer level occupations as the USCIS has been very reluctant to approve EB2 for these cases - i could be wrong here.
As you see, it is IMPOSSIBLE for EB2 IN cases between 3/28/2005 to 10/28/2005 to be much more than 3800 (that is approx 3800 x 2 visas incl dep).
A total of nearly 50000 EB2 IN applicants (including dep) for 2004 and 2005 may be possible.
The massive retrogressions we are seeing is mainly because of the fact that only 15439 EB2 visas were issued in 2003, and 32532 i 2004 thanks to DOL backlogs and mis-interpretations of the law by DOS !!!! compare that with an average of 43,000 in most other years since the 1990s.
I'm pretty confident that your numbers are incorrect
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sabhayk
06-02 02:24 PM
The letter actually does not mention all degree requirements have been fulfilled. This left me really upset (I asked the dept to fax it directly to company, so I had not seen it).
It says "XYZ completed all coursework requirements for his PhD in EE at the University ABC, and deposited his thesis on April 11 2007. His degree should then be officially conferred in May 13 2007"
Obviously course + thesis = all degree requirements for PhD, but I wonder if USCIS might question it. The company's attorney (a highly reputable company) okayed the letter and he said denial is unlikely and that they will either approve it or issue an RFE; but based on my readings of other posts I think there is a fair chance that it might be denied.
The irony is that I got a letter from the registrar on April 16, but by that time the attorney had already filed with the weaker letter. I asked him to send the other one when quota was still available but he said it was unnecessary.
Please anyone with similar experience comment.
Well I don't know how it works. If the letter actually goes as a proof to USCIS or it simply stays with the lawyer. I would say, just wait and watch now. USCIS might ask you for more evidence. They would not simply reject it. SO don't lose hope.
It says "XYZ completed all coursework requirements for his PhD in EE at the University ABC, and deposited his thesis on April 11 2007. His degree should then be officially conferred in May 13 2007"
Obviously course + thesis = all degree requirements for PhD, but I wonder if USCIS might question it. The company's attorney (a highly reputable company) okayed the letter and he said denial is unlikely and that they will either approve it or issue an RFE; but based on my readings of other posts I think there is a fair chance that it might be denied.
The irony is that I got a letter from the registrar on April 16, but by that time the attorney had already filed with the weaker letter. I asked him to send the other one when quota was still available but he said it was unnecessary.
Please anyone with similar experience comment.
Well I don't know how it works. If the letter actually goes as a proof to USCIS or it simply stays with the lawyer. I would say, just wait and watch now. USCIS might ask you for more evidence. They would not simply reject it. SO don't lose hope.
realizeit
03-04 08:40 PM
I will be there at 8CST/9EST
Just a reminder folks for those who are planning on attending the conf call
conf call details : Dial in number 218 339 2626
Access code: 245906
Time: 9:00 PM EST 3/4/2009 Wednesday
Thanks
Just a reminder folks for those who are planning on attending the conf call
conf call details : Dial in number 218 339 2626
Access code: 245906
Time: 9:00 PM EST 3/4/2009 Wednesday
Thanks
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pappu
12-18 06:35 PM
thanks! you are showing the way forward to all our fellow members :D
now we are 6!
pappu, is there a way to add a counter here? that way everyone can see the number of contributors growing?
Once members contribute, pls add to the counter by posting a note.
The current number is 7
now we are 6!
pappu, is there a way to add a counter here? that way everyone can see the number of contributors growing?
Once members contribute, pls add to the counter by posting a note.
The current number is 7
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Redeye
07-10 10:37 PM
I know I will get red dots for this since you are super moderator, but again IV is a free speech based org, I am a Masters (advanced education) from a very prestigious US university with full scholarship with 4.0 GPA and in EB3 employment category. Eduation and EB catergory are two different things, one would think that would be clear by now.
it goes deeper than that. first let me point out that this is philosophical- you argument is not about law, it's about a point of view.
so if i ask you why EB2 filers should spend extra years getting educated and never getting this all important magic "PD" and then get in line behind someone who got a job the day they entered the country- and got a PD soon enough- what would you say?
ask me. it took me 11 years to get a PD. why? for 7 of those years i was getting my advanced education. so why should i suffer behind the 3 year Indian degree person (against my 7 years there as well) who came in 5 years after me and filed right away?
there are reasons why the EB priorities were set up. by simply extending your logic EB1 should also wait for a turn and not have priority. what's good for the goose....
having said that, it is absolutely insane to ask people to wait indefinitely and we must do something about it.
today the EB3 folks (and I have nothing against them, their waits are insane- and it's absolutely not right) are porting to EB2 with those bachelors degrees and 5 years experience. and just because they could APPLY for a GC earlier and all their years get counted in the PD, they keep lining up ahead of me. why do all my years count for NOTHING?
please spare us "fortunate" EB2s a thought too. think of when in life our careers are finally freed from waiting for a GC.
and now please concentrate on ways to end retrogression and stop the EB2 vs EB3 crap. we all have our problems.
it goes deeper than that. first let me point out that this is philosophical- you argument is not about law, it's about a point of view.
so if i ask you why EB2 filers should spend extra years getting educated and never getting this all important magic "PD" and then get in line behind someone who got a job the day they entered the country- and got a PD soon enough- what would you say?
ask me. it took me 11 years to get a PD. why? for 7 of those years i was getting my advanced education. so why should i suffer behind the 3 year Indian degree person (against my 7 years there as well) who came in 5 years after me and filed right away?
there are reasons why the EB priorities were set up. by simply extending your logic EB1 should also wait for a turn and not have priority. what's good for the goose....
having said that, it is absolutely insane to ask people to wait indefinitely and we must do something about it.
today the EB3 folks (and I have nothing against them, their waits are insane- and it's absolutely not right) are porting to EB2 with those bachelors degrees and 5 years experience. and just because they could APPLY for a GC earlier and all their years get counted in the PD, they keep lining up ahead of me. why do all my years count for NOTHING?
please spare us "fortunate" EB2s a thought too. think of when in life our careers are finally freed from waiting for a GC.
and now please concentrate on ways to end retrogression and stop the EB2 vs EB3 crap. we all have our problems.
more...
texanmom
09-08 12:19 AM
Let us all refrain from using bad language. America prides itself on its freedom of speech. Everybody has the right to speak their mind, but let us be mindful of how we say it!
For all those of you who are ticked off by Sherman and the likes, please come to Washington DC on the 18th and prove them wrong. If we speak loud enough, we will be heard.
See you all at DC on the 18th!
For all those of you who are ticked off by Sherman and the likes, please come to Washington DC on the 18th and prove them wrong. If we speak loud enough, we will be heard.
See you all at DC on the 18th!
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kavita
07-10 09:39 PM
any suggestions by anyone how to proceed with the legal counsel and lawsuit??
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needhelp!
11-16 11:01 AM
Google Order #924728825007550
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texanguy
08-21 06:19 PM
cableching,
did you paperfile for EAD or was it E-file?
did you paperfile for EAD or was it E-file?
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shana04
12-07 07:16 PM
She had her delivery in a hospital which automatically assures adequate care for the child (paid for by the good citizens of Maricopa county, i should add).
As long as the pregnancy is uncomplicated, a woman is perfectly capable of delivering with a leg shackled. In no way does that put her at risk of complications.
Yes it would have been humiliating, but whose fault is that?
.
As long as the pregnancy is uncomplicated, a woman is perfectly capable of delivering with a leg shackled. In no way does that put her at risk of complications.
Question: Have you ever seen a delivery or been through it, then you would know how a shackle is, and question your self?
Dear friend leave about all that she has done, think about you new born kid who going to be delivered. (do you think it would be ok for the kid to be delivered in harsh weather or the road or the conditions around)
Please be humane to others!
Good luck on your journey to GC and please stop this kind of non-sense from hear forth.
As long as the pregnancy is uncomplicated, a woman is perfectly capable of delivering with a leg shackled. In no way does that put her at risk of complications.
Yes it would have been humiliating, but whose fault is that?
.
As long as the pregnancy is uncomplicated, a woman is perfectly capable of delivering with a leg shackled. In no way does that put her at risk of complications.
Question: Have you ever seen a delivery or been through it, then you would know how a shackle is, and question your self?
Dear friend leave about all that she has done, think about you new born kid who going to be delivered. (do you think it would be ok for the kid to be delivered in harsh weather or the road or the conditions around)
Please be humane to others!
Good luck on your journey to GC and please stop this kind of non-sense from hear forth.
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pappu
06-09 10:23 AM
The event was a big success. We will be posting more updates soon.
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fatjoe
08-25 07:36 PM
People we have a question, throw us some light now that our application officailly falls under current dates....
Our service center is Texas Center and the dates -
Priority Date - Oct 18 2004
485 Received Date - Aug 17th 2007
485 Notice Date - Oct 16th 2007
The current processing time for Texas Service Center is August 23rd 2007. Do they process based on reciept date or notice date? From the past experience we know that they donot process based on priority dates (We have been current for 3 times in the past and saw approvals for PD's in 2006 with earlier notice and receipt dates)
I called uscis a couple of weeks agoand again today, I was told (by two different resp) that they go by Receipt date.
Our service center is Texas Center and the dates -
Priority Date - Oct 18 2004
485 Received Date - Aug 17th 2007
485 Notice Date - Oct 16th 2007
The current processing time for Texas Service Center is August 23rd 2007. Do they process based on reciept date or notice date? From the past experience we know that they donot process based on priority dates (We have been current for 3 times in the past and saw approvals for PD's in 2006 with earlier notice and receipt dates)
I called uscis a couple of weeks agoand again today, I was told (by two different resp) that they go by Receipt date.
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chintu25
08-21 04:29 PM
THIS INFO COULD VERY WELL BE CORRECT FOR THE MONTH OF AUGUST.
DOS allocates visa numbers for each month, for consulates across the world and USCIS here to adjudicate 485s. They provide these agencies with the priority dates for approval + a limit. This could have been used up for the month of AUGUST.
The spill over from FAMILY CATEGORY can only be used starting from SEPTEMBER 01 2008. Otherwise it won't go with the interpretation of the law.
Also the spillover from EB1 (for august 2008 and anything remaining for the current year) will be applied on September 01.
So, what this means is: The numbers available as per the visa bulletin for AUGUST is over. Does not mean, it's over altogether.
The theory does sound right but why will they wait to apply the spillover when the dates are current already abd it just moved 2 months in the August Bulletin for September dates
DOS allocates visa numbers for each month, for consulates across the world and USCIS here to adjudicate 485s. They provide these agencies with the priority dates for approval + a limit. This could have been used up for the month of AUGUST.
The spill over from FAMILY CATEGORY can only be used starting from SEPTEMBER 01 2008. Otherwise it won't go with the interpretation of the law.
Also the spillover from EB1 (for august 2008 and anything remaining for the current year) will be applied on September 01.
So, what this means is: The numbers available as per the visa bulletin for AUGUST is over. Does not mean, it's over altogether.
The theory does sound right but why will they wait to apply the spillover when the dates are current already abd it just moved 2 months in the August Bulletin for September dates
more...
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santb1975
11-17 03:06 PM
Hope your India tip was fun Gopal. SanDiego event was a great success. We got over 150 new people sign up. We have to get the new members engaged in different IV activities now.
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starlite
07-21 02:08 PM
Hope this helps.
Thanks for your response.
Actually I still have the original I-94 from which my tourist visa was issued.
So to answer your question, no, they didn't collect it from me.
I wonder why you ask that question.
Please share any insights.
Thanks.
Thanks for your response.
Actually I still have the original I-94 from which my tourist visa was issued.
So to answer your question, no, they didn't collect it from me.
I wonder why you ask that question.
Please share any insights.
Thanks.
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mohanty999
08-17 05:54 PM
Since your file is at TSC, there is an email address that AILA members have to request that your file be processed once PD is current. Contact your lawyer and ask him to check AILA InfoNet Doc. No. 08103067, that's where the procedure is outlined.
I asked my lawyer abouT this and she said that in a recent AILA liasion meeting, TSC told AILA that they now have an "automatic sweep" process to determine which applicants have current PDs and therefore this email process is no longer required. Has anyone else heard the same?
I asked my lawyer abouT this and she said that in a recent AILA liasion meeting, TSC told AILA that they now have an "automatic sweep" process to determine which applicants have current PDs and therefore this email process is no longer required. Has anyone else heard the same?
hsd31
06-20 11:53 AM
That is interesting. The steps that we followed were the ones told to us by the DC embassy. I think the only difference between your case and my wifes case is that her passport had just her First Name under "Given Name" and her "Surname" was blank. I think in your case you have the First Name and Last Name combined under the "Given Name" and "Surname" is blank.
I just spoke to Indian consulate, NYC. The procedure to correct the last name is very simple. All you need is an Affidavit from the person (Signed in US, saying that you are correcting your name.), 4 photos and a copy of 797 or Visa. No need of advertizements, or Indian affidavit.
Please note, this is applicable only if,
In your passport Surname is Blank
Given name has <first name><last Name> (and all spelling etc are correct)
and you want it to be corrected to
Surname <last Name>
Given Name <First Name>
They will issue a new booklet with corrected name. It's same day service in NYC.
I just spoke to Indian consulate, NYC. The procedure to correct the last name is very simple. All you need is an Affidavit from the person (Signed in US, saying that you are correcting your name.), 4 photos and a copy of 797 or Visa. No need of advertizements, or Indian affidavit.
Please note, this is applicable only if,
In your passport Surname is Blank
Given name has <first name><last Name> (and all spelling etc are correct)
and you want it to be corrected to
Surname <last Name>
Given Name <First Name>
They will issue a new booklet with corrected name. It's same day service in NYC.
+ve
04-25 07:19 AM
I completed my MS in Computer Science from US around 6 years back, was on OPT for a year & thereafter moved out of US and came back to my home town. Have been working here for 6 years now as in the software field & have now applied for H1B under masters Quota. Was wondering if I am eligible to apply under this quota as I am neither a fresh graduate nor have any status in the US. Also, my lawyer has only filled out the I-129 form. Is there any special form that needs to be filled out to be considered for Master's quota?
Please reply�
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