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  • h1techSlave
    03-19 10:44 AM
    Even if I take your figures at face value, I see a shortage of 60000 visas. This is because we need to consider that each LC will use more than one EB visa (due to family members). If I take a conservative figure that there will be one dependent for each LC candidate, we will need 200,000 EB visas for the 100,000 LCs.


    85,000 PERM cases certified in 2007. 2007 is a typical heavy filing year still...
    One year 140,000 EB based visas available. If some how some of the back logs are eliminated, the future looks good as 140K for a year and less than 100K labor certifications per year. If the USCIS process with maximum visa/year, it is possible.

    http://www.usavisanow.com/perm07.pdf

    see a chart
    http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg&gid=1





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  • logiclife
    12-20 07:14 PM
    Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.

    Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.

    Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.

    Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.

    If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.





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  • makemygc
    01-30 08:27 PM
    Hello,
    I am on H4 visa and thinking of filing for an H1 through a contrating co. But I have also heard the horror stories of these desi contrating co. which makes it more difficult for taking a decision.
    i do not hold a US degree but i do have job experience from india. Can anyone advice on how to go about this situation.
    Its essential for me to travel to india this year. If I go ahead and file through some co, will there be a problem at the consulate when i go there to get my visa stamped ? Is it advicable to travel during such a transition ?
    What happens if I am unable to find a project & I'm on bench ? Am I an illegal resident in such situation ? please advice.
    mira.
    I've lot of friends whose spouses have transfered their visa from H4 to H1 successfully and doing good right now. I don't know a single one regretting their decision. Well, I agree with lot of horror stories here but do understand that there are decent companies as well who are straight forward and do not do things illegally. Do some research among your friends and well wishers and then take a decision. In forum like this, you will always find two side of the stories as everyone has their own agenda.

    Best of Luck.





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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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  • gimme_GC2006
    05-16 07:36 AM
    wow..this thread is putting more valuable insights..thanks to all of you who are sharing this information..

    Yes..I understand about ROI and all..thats why I want to do online..no way I could do fulltime.

    But my biggest challenge is dedicating time..As of now, by the time we finish our dinner and put kids to sleep, it will be anywhere between 8:30PM to 9:00PM..(Sometimes my 3.5 year old son wakes up and tells me that he wants to become Spider Man..so those days will take us into 10PM range)

    Now by the time, kids go to bed, I am totally exhausted and I have to keep in mind the work pressure (sometimes I may have to work late)..so I am little bit confused on how to balance.

    But I certainly want to do MBA, because I want to have an MBA degree, I believe it will help me grow to next level in my job and may be help me get a better job or If I move to India then I hope an American MBA from a reputed university will fetch me a mid/senior level position (I am tired of being a tech lead/senior developer in US where all of my Juniors who joined my team as ELTP when I was project lead in India have become Deliver managers etc..dont mean to take their credit away..but staying on H1B here as put a roadblock on my career..not eveyr h1b gets an opportunity to grow..tell me about it)

    so, coming back, so far, I heard from Phani about KD and It looks like a good place for Online..

    The other one I was thinking about is WP Carey from Arizona state..it is also considered good..I am in FLorida and Warrington college is ranked higher but I heard being a southern college, not many recognize this one.


    Also, what about PennState World Campus or Univ. of Massachusets at Lowell/Amherst.





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  • gc_maine2
    06-11 08:06 AM
    Completed just now



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  • senthil1
    04-04 11:43 AM
    It is true. But either Corporate America or Lawyers does not want to address the issues raised by Unions or anti immigrants. They want free ride and does not care about working class. No bold leadership in congress to address both sides issues. Congress members are siding with any one of two groups. Everyone knows that compromise will easily pass. But compromise will not give free ride to any group. Basically moderate H1b and GC increase with protection to US workers without wage pressurw will get most of the congress support. Even with illegal immigration also it is easy to pass if they give citizenship to existing people and allow more workers with complete protection to US workers without wage pressure will get most of congress support.

    I think it is true coporate america will not allow it to go through, but it is also true that any bill faverable to the H1B and or GC will also have the same death
    as this one , do not underestimate the anti - immigration and unions clout
    on democrats, if corporate america wants H1B increase it will come at a price,
    more no free rides for corporate america as well.

    that is the reason why we see stalemate for any kind of immigration bill, neither side is able to push anything.

    thanks





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  • Positive
    11-12 05:00 PM
    Please do not start another big argument over this. IV stands for all of us who are stuck in this mess- regardless of nationality or category. We can blame USICS or fellow country men or whoever we please for the situation we are in. The reality is that even in this mess, most of us are better of than many we know.

    If EB2 I / C folks think that quarterly spill over is not happening while the law says otherwise, they have the right to bring their point of view & IV should do something about it. Doing nothing is not a solution. The effects of spill over remains same on EB3 regardless how they do it - quarterly / half yearly / annually.

    Let us stay together and support IV



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  • apb
    08-16 01:04 PM
    Provided there is a separate check associated with that. If 485 is not filed your EAD/AP application will be rejected. Once your date becomes current CHANGE your lawyer because from my understanding of your situation either your lawyer is ignorant or he/she has pathetic attitude towards your case.





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  • abhijitp
    07-24 12:51 PM
    It doesn't say that anywhere in the link. The 485 filing instructions clearly state what the initial evidence is.

    There is no doubt the employer letter is required.
    The only question is:
    1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, OR
    2) is it a better idea to submit a new I-485 rightaway along with the letter, OR
    3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened?



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  • msgrewal81
    02-18 05:40 PM
    this bill would allow to adjust status to GC, if you lived for the last 5 years continuously except for casual absence. It does not eliminate H1B, but makes it tougher at advertisement stage for EB.


    Where did you read that "except for casual absence". Because that might make it go or nogo for many people.

    There would be many people who might have gone outside US to India or so for a month or so for maybe twice in last 5 years. Will that count as casual absence and forgiven ?
    eg. my wife will be in US for 5 years in August'09, but she has been to India atleast twice for 2 months and 1 month respectively during these 5 years.





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  • srikondoji
    06-30 09:42 PM
    What exactly are you trying to say?
    You contradict yourself and also make a fool of yourself.

    First you suggest a random date called 9th and then admit that your prior decisions and that to GC specific did not prove to be right. Why in the world you want to post your own bad record is beyond me.

    just chill. I just cooked a spicy chicken with red/orange/green peppers.
    Please don't spoil my dinner after going through hell past 2 days.

    In opinion July 9th onward is the best time to send 485 packages to USCIS. But this is only my opinion and understanding and every one is free to do any thing with their own decisions or with help of their attorney.

    Most of the time my many decisions didn�t proven to be good in past as for as my GC processing goes. So please take your own decision yourself and dont be stressed.



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  • diptam
    07-24 11:14 AM
    Guys,

    I signed a bond of 10G for getting a hardcopy of this letter mailed out by June 29th from my company's NJ office. This is initial evidence that you have FUTURE job offer and without it the 485 will be rejected.

    If someone is lucky let they be - Do NOT make this mistake of not sending this letter in ORIGINAL.

    Thanks,

    I will try to dig out the actual memo. But this is from the oh law firm page:
    ---
    06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing

    * As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
    * One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
    ---





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  • texanguy
    06-08 06:26 PM
    I thought the spillover starts at July, but it doesnt look that way. When would they do the spillovers? in next two months??? i thought we are done for 2009 quota...

    That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.

    Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
    Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.



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  • desi3933
    01-31 05:56 PM
    first of thanks a lot for taking time and explaining this in detail.

    so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.

    RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.

    Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.

    H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • godbole_sanjaya
    01-17 08:33 AM
    Hello All,
    How about flashing the total contribution so far and the amount pending to make the target on the home-page?

    Hopefull, this might be inspiring.



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  • gkdgopi
    07-18 09:43 PM
    I don't think any July 2 cases are rejected,
    They are still processing June end filers and would not have reached July 2nd cases even today, My understanding is that even in case of rejection, they enter the name in the system for tracking purposes.
    Also when i called them on July 3rd they said all application received from July 2nd are on hold.

    So don't worry guys!! :)

    my 2 cents





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  • dressking
    09-28 10:00 AM
    While we are trying our best to fix a broken system and brace ourselves, lets take a look at what is happening in other parts of the world.

    European Union is introducing a Blue Card that will allow you to work in any of the EU coountries

    Euro value is rising against dollar

    Opportunities will be on the rise with strengthening the currency.

    Lets run this thread for sharing views, opinions, experiences and anything related to the EU

    Maybe there are better laws there. But the people there are not fundamentally different. So I expect to have to face many of the same problems we are facing here. I have heard of a lot of anti-immigration sentiment and even laws in Europe.

    After all it is White Americans who emigrated from Europe who are the majority here. And we are facing the most fierce resistance from them here. What do you expect of those who are native, not immigrants or of immigrant decent.

    When they need you, they make it easy for you to move there to work for them. When they don't need you, they can kick you out or make life so miserable for you that you don't want to live there any more.

    Just think of what the Germans did to Jews in WWII. WWII seems like a distant memory to us. But "there is nothing new under the sun". People are still people. Their genes have not been significantly modified. They will still have the same thoughts and emotion. Only those who are better educated can be somewhat different. But educated people are never in control of their societies.

    I feel that the oppression from White Americans in America is enough for me to bare already. I don't want to risk moving into White people's native territory unless it is just temporary.





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  • neoneo
    09-26 10:47 PM
    senthil1 makes more sense then this!

    I don't know who senthil1 is, nor do i care. If you nothing to reply please don't waste white space. My comments are not to stir up arguments but an observation.





    ashkam
    07-28 12:31 PM
    Pray, how is displaying Ganesha on a beer bottle akin to opposing Hinduism?

    And if that's so, isn't having a beer genre called "India Pale Ale" akin to opposing Indians?

    Getting offended has turned into a national pastime. Get a hobby instead, will you?





    vghc
    07-03 12:51 PM
    I remember there was a proposal to give one Green Card per family to eliminate the retrogression for EB categories. I don't know what happen to that. It was like one year ago or so.

    Yes, i recall seeing that too.
    I don't like seeing families being torn apart......the best solution is to increase the number of GC for all of us. But that won't happen. :(
    So the next best thing in my opinion, is to give GC's to principle applicant. That would benefit the country as a whole and all those who are working in this country.



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