Saturday, June 25, 2011

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  • waitin_toolong
    10-03 01:52 PM
    that is the only ption to continue L status..but remember u can not use h1b ..and u have to apply again for h1b in next year quota....

    wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.

    To answer the original questions only two options.

    1) depart and reeneter using L1
    2) apply for COS (but a long process)





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  • nomi
    12-13 10:25 AM
    Count me and 2 more members with me....lets have a plan..and execute it.


    Would some one will take control to make letter ready which we need to send to USCIS and I will work to get info about USCIS office and fax number ??

    Please let me know who will make this fax letter ready ??

    thx.





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  • Canadian_Dream
    11-17 12:44 PM
    That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.





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  • himu73
    03-29 10:46 AM
    there a plan to meet/call NJ senators



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  • grinch
    03-11 04:15 PM
    Here's my entry with wire :


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  • BharatPremi
    03-17 01:05 PM
    42% of all EB3 Green Card has priority date before December 2003!!! Man I am in deep Sh.. hmm trouble.. :eek:

    No 42% load is before June 2003 and before, in other words before July 2003.



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  • nomi
    12-11 03:58 PM
    USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)

    INA should be changed which should be done through a legislative process, not through any rule making.


    Thank xbohdukc. I think, this door is also close.





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  • reddymjm
    09-09 01:53 PM
    I understand what you said, but just to consider the off numbers published by dos

    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf


    EB2 total pending 34325
    EB3 total pending 136325


    2010-2011 quota EB1+EB2 ( 85343 )
    less eb2 - 34325
    --------------------------------------------
    51018 trickeling down for EB3 Worldwide?
    2010-2011 quota EB3 ( 42671 )
    less eb3 - 136325
    --------------------------------------------
    42636 ( eb3 pending )
    2011-2012 quota eb1+eb2+eb3 128013

    So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?

    above math is based on
    inaccurate numbers given by DOS?
    assuming no new applicants applying.
    Hope I am correct! :)
    The Formula fails if EB2 becomes current, there will be a flood of applications and 0 will trickle down EB3 ROW or Even quarterly spill could kill EB3 hopes.



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  • espoir
    09-19 11:20 AM
    I was just checking the domain name availability. legalimmigrationvoice.com and .org got taken yesterday. Hopefully its the core or someone supporting member of IV.





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  • boldm28
    04-05 09:14 AM
    in my opinon its a supply demand market ..if some companies are exploting people who are consulting .. it has it shares of good things

    1) no big company will generate a pay stub (just by payin u paying the taxes and being on bench)... which by the way is required to do things like renting or getting a credit card

    2) not every big company does your GC .. this is from First hand exp .. a friend of mine worked for CISCO for 5 yrs at a very good sal but cause cisco was not able to file his labor he swtiched and now is making half of what he used to make at cisco . but again that is his call

    3) Nobody put a gun to your head and asked you to come with an H1 body shop

    i am just playing a devils advocate ....



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  • CSPAvictim
    07-09 06:30 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.





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  • Mr. Brown
    03-10 04:59 PM
    Please pardon me for my ignorance but why is that every admin fix will work with money in this country?

    Does this mean we have to pay money to fix something in the system that will be useful to this country (eg: Senetors take the money and introduce the bills. Do you guys think it is equvalent to Bribe in other countries?)

    I could recall that July '07 fiasco has been fixed without we donate anything.

    Yes, I know that nothing is free in this country however I am not sure why should we pay bribe (or whatever you call) to fix something in the system?

    These senetrors should have minimum knowledge that if they give GCs to us then we will flourish the economy in return. That is my point...
    Welcome to Capitalism!

    ...and yes it is the equivalent of bribes taken by our political people in India. As with most things Americans do it diplomatically by calling it "party funds" :-)



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  • vine93
    10-22 06:54 PM
    I also faxed it today.





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  • yabadaba
    09-10 11:44 AM
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  • uma001
    03-21 01:26 PM
    I replied to your message. Pls check it.





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  • msgrewal81
    02-19 03:08 PM
    :D No more arguing by me :D



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  • Jai_MD
    06-10 06:23 PM
    done and request fellow members who are on the sidelines to do the same!





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  • Jaime
    09-10 03:49 PM
    "We don't sponsor" - The favorite new phrase of most companies' HR department employees. Most of the times they don't even know what that means, but the H1-B visa has gotten such a bad rap for being so cumbersome, unjust, cruel, expensive and difficult that companies just don't want to deal with it anymore. Ask any current international student how many times this unfairness has driven them to tears. That's why they are going back home to compete against the U.S.!!!





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  • unitednations
    12-22 02:42 PM
    I know many of my friends who were not paid in bench. All of them received green card without any problem. But only difference is they were in unpaid bench anywhere between 2 to 6 months. I do not know anyone who was in unpaid bench for 1 year or more. Most INS officiers are sympathic towards many violations. Recently one of my friend's wife forgot to renew H4 and she was Visa overstay for about 8 months. She applied change of status explainig the situation her H4 was extended with validity date from original expiry date.

    I do know a decent number of people who were on bench for a year or more.

    the problem is that people put in too much information when they file their cases. If you have small w2's or very little paystubs and you put it as part of your filing (either 140 or 485) then you are giving uscis a chance to examine them and raise a query because of it.

    usually uscis does want to examine whether a person maintained status. However; if the recent entry into usa was shortly before filing 485 then they very rarely bother asking for w2's. If it has come to their attention that you may have left the 140 employer (h1 transfer, sending in ac21 letter) or it has been a long time then they will ask for these things to assess your intention.

    Sometimes when people have very agregious cases/situations they are usually being protected in other ways such as 245k without knowing about it and their case gets approved.





    srr_2007
    04-01 11:34 AM
    This is the new trend among the Desi consulting firms in NJ area. I don�t know about other areas. These days they don't want to hire a person with tons of experience. Because the experienced ask more benefits and can't be exploited to the same extend as an F1 OPT candidate.

    Recently I spoke with many Desi consulting companies to change my job and most of them were offering less than what I get today. Later, I spoke to the consultants on bench/training and learned about the OPT candidates.

    Another thing, at the client site if you are a Corp candidate then they don't believe your resume and expect you to prove yourself at the work. Not a problem for an experience candidate to prove his or her capabilities, but the whole process shatters your morale and at some point it becomes a problem.





    natrajs
    09-18 11:04 PM
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