Monday, June 13, 2011

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  • axp817
    12-09 09:33 PM
    I recently switched employers using AC21 and am using my EAD to work for the new employer.

    I used to be on the H-1B visa when I was working for the old employer, they had applied for renewal just before I left, and it got approved right around that time. Now that I don't work for them anymore, they are having the H-1B revoked. Of course, they were kind/professional enough to intimate me of this before doing so.

    I am wondering if this could have any adverse effect on my 485, or if it could provoke an RFE? Any thoughts/stories would be appreciated.

    Thanks,




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  • tawlibann
    03-20 04:57 PM
    You are certainly entitled to your interpretation and Mr. Gotcher is entitled to his but I wouldn't go as far as calling it a ploy to increase more traffic. I am not sure if you are an attorney but he is and he certainly has more understanding of immigration law than most of us here. As with any law and immigration in particular, there is room left for interpretation and Mr. Gotcher is simply stating his point of view. You are more than welcome to disagree with him but I wouldn't call him greedy.

    According to posters on Mr Gotcher's forum, there are law firms that are already preparing class-action lawsuits on behalf of I-485 applicants who claim to have been disadvantaged by the change of interpretation in the April bulletin. I don't see anything wrong with Mr Gotcher discussing the issue to clarify different interpretations, and even determine whether these potential lawsuits have good chances of succeeding. This issue and potential outcomes are equally important to both EB-2 India and EB-3 ROW people.




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  • belmontboy
    03-05 02:26 AM
    I am happy to pay $25 for this cause

    Yes, we all here are capable of paying $25. Money is not the issue.
    Its the degree to which we get exploited here, even for a RTI response.




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  • amitjoey
    05-21 05:38 PM
    I will match dollar for dollar all contributions for the next 3 hours, if some one from IV will confirm the amount.

    Anybody wants to take Sugaur on his offer.
    Right now the total to match is $300

    Thank you ivx, garybanz, yabayaba, supreet

    The total to match is $400



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  • vbkris77
    03-05 09:37 AM
    What we get

    1. We get number of EB2,EB3 Primary and EB2,EB3 Dependent applications.

    2. From the wordings, I won't be suprized if they give a summarized number from 2001.

    But if someone else requested this info broken into PD buckets by month and Year, then I think we need to use that. The letter I sent had that wording, but I never received any response yet.

    Here is what we don't get

    1. Break up by country - Helps folks in EB3 as ROW is not current

    2. Some might have not applied for AOS for various reason like their I140 is still pending, Some companies mandate that. - This could be a small percentage

    3. Break-up by PD month& year

    More insight is welcome.. Pre-adjudicated cases are not approved cases. So they can't eliminate them..


    I have received a response on my request last year to USCIS for information on number of AOS applications pending. Here it is:
    --------------------------------------
    February 24, 2009
    NRC2008065126

    We received your request for information relating to Adjustment of Status applications in the employment-based category. You have specifically requested the number of pending employment based AOS applications, (excluding approved, denied) filed with USCIS since 2001, for each of the following countries and categories:
    - EB-2 China
    - EB-2 India
    - EB-3 China
    - EB-3 India
    - EB-3 Mexico
    - EB-3 Philippines
    - EB-3 Rest of the World

    Your request is being handled under the provisions of the Freedom of Information Act (5 U.S.C 552). It has been assigned the following control number: NRC2008065126. Please cite th is number in any further inquiry about this request.

    In order to extract the information you have requested, a customized computer program will be required. You will be charged for the time it takes to write the program as well as the time involved in running the query to extract the date. You will not be charged for duplication, review and search time. We estimate the cost to be $5000.00. Due to the time and effort involved, you will be asked to sign an advance fee agreement before we proceed with your request. In addition, a deposit of $2500.00 payable by check or money order, must be paid within 30 days of the date of this notification. Please make your check payable to the United States Treasury, Failure to submit the $2500.00 deposit within the time frame given will result in your request being administratively closed.

    In order to assure that we provide the information you seek in the format you have requested, we ask that you clarify the information sought. Employment based status is broken down into the following 14 categories.
    _____________

    NRC2008065126
    Page 2

    E21 203(b)(2) PROF/EXCPTNL ABILITY
    E22 SPOUSE OF ES1 OR E21
    E23 CHILD OF ES1 OR E21
    E26 203(b)(2) PROF/EXCPTNL ABILITY
    E27 SPOUSE OF ES6
    E28 CHILD OF ES6
    E30 203(b)(3) CHILD OF E36, E37
    E31 203(b)(3)(A)(i) SKILLED WORKER
    E32 203(b)(3)(A)(ii) PROFESSIONAL
    E34 203(b)(3)(A) SPOUSE OF E31, E32
    E35 203(b)(3)(A) CHILD OF E31, E32
    E36 203(b)(3)(A)(i) SKILLED WORKER
    E37 203(b)(3)(A)(ii) PROFESSIONAL
    E39 203(b)(3)(A) SPOUSE OF E36, E37

    Are you asking tha the information we provide be broken down into the categories listed above, or may we group all EB-2 categories and ass EB-3 categories together?

    Please define priority date.

    You have asked for information concerning the country of chargeability. This information is not assigned until the application is approved or denied. Since you have requested information on pending applications only, this information is not available.

    If you have any questions concerning your pending FOIA/PA request, please address them to this office, Attention: FOIA/PA Officer, or call us at 816-350-5570, or fax any FOIA/PA related correspondence to 816-350-5785.

    Sincerely,

    T. Diane Cejka
    Director

    ___________________________

    I will post a scan tomorrow

    From what I understand, they aren't able to get the numbers by country of chargeablility.

    Its funny they are asking me to define priority date ! :)




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  • nonimmi
    03-14 03:50 PM
    If many EB3 people start porting to EB2 then EB2 queue will grow. But if we think how many already jumped the line using so many ways...this is not a bad option at all. As long as we qualify for EB2 and employer is ready its the best thing to do for people waiting with 2002-2004 PD.



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  • delhiguy79
    07-27 01:23 PM
    I thought A# is in I-140 approval notice.
    It will still take many months for uscis to process our I-140 application.

    I recieved my I-140 receipt notice finally from Nebraska Service Center, it does not have the A#, may be due to the fact that I belong to EB3 category.

    As one of my friend who is in EB2 category has an A# on his receipt notice which he got yesterday from Texas Service Center.




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  • chanduv23
    12-23 03:03 PM
    Hi Ram or Prince_charming,
    Just wanted to find out can you check the below msg that is what mine has been updated to , So does itmean that they just opned the case and are now reviewing and theywill update it to approved once they through or this is final msg. wanted to find out basing on the info you got.

    Thanks,
    Sri

    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    We reopened this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS , and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you.

    congrats. This is not final approval though.



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  • pappu
    02-12 12:47 PM
    we are holding off on webfaxes at this time. We will use this when we need them and will be effective. At this time we urge members to take appointments with their lawmaker offices and go and meet them. These meetings are very important for our success. Thus get active in your state chapters. Organize it if it not organized. If you cannot do it for some reason, then take appointments on your own and go and meet them. While we are making efforts on the hill, it is important to have grassroots level efforts going on across the country




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  • I_need_GC
    07-07 09:46 AM
    As I promised earlier I would keep you guys updated on the process of this case.

    On saturday I received the welcome as a permanent resident to USA letter. After trying to get a hold of my attorney I got in touch with him.

    Heres the story. (this guy is a genius)
    I asked him how it was possible when my PD wasn't current I got GC approval.
    His answer was funny and pleasant. Magic :D

    He said after the approval of my PERM during filing I-140 under EB2 he also filed a petition under "person with extraordinary ability interest to US" on my behalf. So in other words both the petitions were being processed together at USCIS. Me not aware of USCIS rules wasn't aware of all the lingo so didn't know.

    Now the Extraordinary ability petition quota is always current. So when my extraordinary petition was approved the attorney informed the USCIS that to adjucate my adjustment based on this approval. Since the PD was current for this category. USCIS processed and approved the GC based on that. I love this guy I don't have to work for my current employer anymore hence he will get a big surprise when I turn in 2 day resignation. HA...



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  • santb1975
    04-26 01:03 AM
    $100

    Receipt ID: 1RP45337S8600112J

    This is in addition to the 100$ recurring contribution, the seed money I put in for Team IV and the money I spend for So.Cal state chapter activities.

    Thanks to all of IV's efforts. I could not have been able to use AC21 to change jobs if the July Visa bulletin reversal did not happen. I will contribute a 100$ more when we reach 37000$.

    Together we can do this




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  • little_willy
    06-14 11:38 PM
    Interesting points. I have a question. When changing employers, after 180-day portability period, do we need to use the EAD or can the new employer file a new H-1B petition on your behalf essentially keeping your non-immigrant status valid at the same time your I-485 applied through your previous employer is still pending. Thanks.

    Vinn,

    Here are just a few that I can think of rightaway.

    1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.

    2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.

    3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.

    4. Fee of EAD is being hiked to $340 per year.

    5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.

    6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.

    On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.

    EAD allows you to work any type/number of jobs that is the big PLUS though!

    TIA



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  • kopra
    03-25 12:45 AM
    I think USCIS will make the dates current as long as they can see in which category people have filed most after last july( if both EB2 and EB3 has large number of filers they may make both current as last july), so that they can get the increased fee from a "substantial" amount of people filing, and give them EAD and make the cateroty to "U" after the filing:D







    Mr. Gotcher posts this today.
    Controversy over calculation of "fall across" visa numbers (http://immigration-information.com/forums/showthread.php?t=4610)
    Long to short, Mr. Gotcher thinks the explanation of Apr. VB is an error.
    I will just quote the last two paragraphs. If you are interested with this topic, you can follow the link to see detail.

    ************************************************
    This is where the controversy arises. Do these provision require the Visa Office to let unused visa number from higher preference categories �fall down� into lower preference categories before being made available to single state quotas, or can they move unused numbers from a worldwide preference category over to single state quotas while there is still demand in the lower worldwide categories?

    The Visa Office interpretation is that if there are unused numbers within a specific worldwide category, those numbers may be made available to single state quotas even if lower worldwide preference categories have visa cutoff dates because they are oversubscribed. I believe that this is an error.




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  • larun
    05-29 08:05 AM
    Contribution: $50.00
    Receipt ID: 1076-0304-7610-2177

    Go IV!!



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  • wellwishergc
    07-19 12:21 PM
    I cannot help laughing. That is the coolest analogy that anybody can think of, for the GC retrogression:)

    I think this post should be sent in the humor section in one of the forthcoming IV newsletter, hoping that newsletter reaches congressmen/senators. Atleast they would sympathize with our plight.

    Good one, indeed!!!

    :D :D :D

    Yes, I used to say like this five years back when I had time and age in my hand. I assume you are in early or mid 20's. I will put it differently for you.

    Assume there is a big pond which starts from 1 feet and gradually increases up to 100 feet. People with one year work experience steps 0.5 feet. There are life jackets(GC) floating around the pool and whoever is lucky is picking it up. There are guys like me who are already in 5th-6th feet deep without finding the lifejacket, but we are sure if we go further, may be 3-4 feet more we WILL find it. There are guys who are lucky to find a life jacket at 1,2,3 feet also and happily float to the shore passing us. The fifth feet guy is practically seeing how the 6th and 7th feet guys are struggling. May be they are seeing some one in 8 feet to 10 feet. Now a big Tsunami (retrogression) comes and drags all the jackets 20 feet down further. These guys are dejected and some of these guys even pull their spouse/kids in one hand when they float/swim.

    Dont forget, it takes one year to step 0.5 feet. Every year the pond management drops a fixed number of jackets. These guys keeps their hope alive based on the above fact. But these guys are seeing some kids passing in motorboat(LC Substitution) paying that guy 10K and getting a life jacket. Hmm pain, but even if I had a chance I would have also done it.

    Now comes your saying. When the deepest s...t guys talks about their fate down the line and how to take their family safe ashore, a guy at 0.5/1 feet shouts saying "Dont give up, it is like deciding to take a sanyas because you are tired of dealing with social issues".

    If you are in 5+ feet, I take your statment. Otherwise, you will not understand what I am trying to say until you reach 5+ feet without finding a life jacket and also pulling your family in one hand and seeing your seniors struggling more in 8+ feet. :)

    NOTE: BTW, no offense. I thought to express what I am saying in different way. I understand what you meant. Cheers.




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  • ca_immigrant
    05-19 11:23 AM
    Done again today. I will do this once everyday.

    can we keep sending the same message (by the same sender) to them everyday ?
    would that be ok ? :confused:



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  • amitps
    09-25 03:24 PM
    I have many positive experiences with Fragomen.

    My RIR case was first filed in 2001 by a different lawyer and he screwed it up. It got rejected by DOL and bumped back to non-RIR. When the BEC was about to take the case for processing, my company hired Fragomen for the processing. Fragomen reviewed my case, worked with me, prepared and filed a new Labor petition in 24 hours as I was reaching my 6th year limit.

    When PERM was introduced, they worked with me to convert my traditional labor filing to PERM.

    During the July VISA bulletin fiasco, they kept communicating well and worked overtime (I used to get emails around midnight sometimes) and filed my case. They even followed up and made sure that I was going to attend my finger printing appt when they got the courtesy copy.

    They do well with email replies. I have never called them and hence, not sure about responding to calls. But I never had a requirement to call them as they normally reply to emails within 1 working day.

    Since Fragomen is so big, they might have a small percentage of attorneys / para legals who are not customer focussed. I have dealt with 3 different attorneys / para legals withing Fragomen, and I have high regards for them.

    My emails just go to a black box who no one opens....




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  • girijas
    09-12 01:11 PM
    dont be confused with "legal immigration", legal immigration in obama's world means family based immigration (vote bank politics) not EB immigration.

    You are absolutely right. Check the following link on Obama's page concerning his stand on immigration.

    http://www.barackobama.com/issues/immigration/


    If he implements what he has been saying so far, this is what will happen:

    - Strong measures to curb illegal immigration (with/without a fence)
    - Amnesty to existing illegals in the country - claiming that the leak (above) has been fixed and that the illegals already in the country should be brought out from the shadows.
    - Measures to speed up family based immigration - with papers being processed by the same department that works on EB immigration; slowing down EB processing further.

    The only silver lining which people seem to hang on to is a politician's response to the state of highly skilled immigrants. Note that almost no one is against US educated legals from getting GCs and this is what Obama and McCain have been questioned about as far as legal immigration goes - obviously their answer is that they support us. That is a no-brainer. The controversy as far as legal immigration goes has to do with people without a US higher degree and no one really talks about that as far as legal immigration goes. But that doesn't mean the STEM bill will pass - no opposition doesn't mean it will translate to action for a group who has negligible voting power even if we eventually get it.




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  • gapala
    03-20 10:19 PM
    This is not visa portability as defined by AC-21.
    Not same as, lets call it portability.
    That is what I said. Its not portability.




    H4_losing_hope
    02-08 05:42 PM
    Volunteer for your own cause! Don't let this thread slide.. Sign up on this thread and make a pledge .. Set a small target first. You will see it is not at all difficult.

    I am going to try and make it to 200! Count me in for CA :) Come on folks, I bet you we could do it!




    akhilmahajan
    02-19 12:29 PM
    22,000 more letters.
    come on folks lets keep this thread on the top.

    folks please keep on helping as much as you can.

    GO IV GO. TOGETHER WE CAN.



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