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  • prioritydate
    12-20 03:59 PM
    Folks, I didn't worked for an year(2001) due to, you know what I am saying....

    Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(





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  • jthomas
    05-26 10:39 PM
    I was checked by immigration authorities when i was comming from San diego to Los Angeles. Near the check post there were signs to go slow for imigration checks. One border patrol car came besides me and waved his hand to pull towards the curb. I changed my lanes and also helped the border patrol to change his lanes towards the shoulder. He got down from his car and asked me what is my status I told H1B. I showed him my ID card and told him to check my status through my ID card. He returned my ID card and let me go. (I don't know why they let me go maybe my name is spanish and my last name is british)
    Just wondering what would the immigration authorities do if they catch a illegal. There are millions of illegals in Los Angeles and they also had rallies almost every year in downtown Los Angeles.
    I am not going to carry my immigration document if i am within US. I never have carried during the last 7 years. At the most they would escort me to my residence which is okay for me.

    J thomas

    I carry my GC, passport etc even if i get out of my house to my lawn.
    I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?





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  • andycool
    02-11 11:50 AM
    141,020 visa numbers used in FY2009
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf

    Look at the last page.

    The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.



    __________________
    Not a legal advice.


    Check this link

    Report of the Visa Office 2009 Table of Contents (http://www.travel.state.gov/visa/frvi/statistics/statistics_4594.html)

    Point V and part 2

    the numbers come around 137000 ( which is 3000 ) Short of 140,000 ( I think the actual number will be 140,000 + Spill over FB Visas from 2008 If any )

    Thanks





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  • permfiling
    11-27 07:37 PM
    You can add additional white paper sheet and mention the section number and details.



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  • actaccord
    03-14 05:54 PM
    /\/\/\/\





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  • lost_in_migration
    08-15 04:24 PM
    That was my day-dream while sitting @ office ;)

    They should have continued down to EB3 w/ those dates..!



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  • ashkam
    07-28 12:14 PM
    What's with all the fundies crawling out of the woodwork?

    By the way, dear fundies, if you are so against the First Amendment (freedom of speech), why are you in this country applying for a green card anyways? Because, you know, the First Amendment is kind of a big deal here.





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  • gg_ny
    08-15 05:30 PM
    There is nothing shocking about it. This is how CIS works: move it slowly so that when the new numbers come in w.e.f. october, they can take it forward. EB2 India is where it was in the June bulletin. Thru oct 2007 it should move a few months as there was a big rush to file before Oct. 2005. In fact, Oct 2009 bulletin should be great because the retrogression started in oct 2005 and the applicants in the period between April 2004 - Sept 2005 should be covered (hopefully) in the fiscal year of Oct 2007 to Sept 2008. And a whole new year quota of numbers will be available for the first few months starting from Oct.2008 with not many takers and that could spill over to EB3 retrogressed.



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  • McLuvin
    03-12 01:55 PM
    finally the bulletin has been posted in the DOS website...

    Visa Bulletin for April 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4747.html)

    They have given a brief description about "BACKGROUND INFORMATION ON FREQUENTLY MISUNDERSTOOD POINTS"

    Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. By no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, a significant amount of demand is received each month for applicants who have priority dates which are significantly earlier than the applicable cut-off dates. In addition, fluctuations in demand can cause cut-off date movement to slow, stop, or even retrogress. Retrogression is particularly possible near the end of the fiscal year as visa issuance approaches the annual limitations.

    Per-country limit: The annual per-country limitation of 7% is a cap which visa issuances to any single country may not exceed. Applicants compete for visas primarily on a worldwide basis. The country limitation serves to avoid monopolization of virtually all the annual limitation by applicants from only a few countries. This limitation is not a quota to which any particular country is entitled, however.

    Applicability of Section 202(a)(5): INA Section 202(a)(5), added by the American Competitiveness in the 21st Century Act, removed the per-country limit on Employment-based immigrants in any calendar quarter in which applicant demand for numbers in one or more Employment-based preferences is less than the total of such numbers available. In recent years, the application of Section 202(a)(5) has allowed countries such as China � mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused. Such numbers are provided strictly in priority date order without regard to the foreign state chargeability, and the same cut-off date applies to any country benefiting from this provision.

    Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)

    Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.

    Allocation of visa numbers under Section 202(e) is accomplished as follows:

    If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
    Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
    If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.





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  • drak70
    04-09 09:52 AM
    Since you colleague friend is a doctor doing medical research , it is possible he might have been been harrased or it is possible the IO did him a favor by letting him in with 5 days I-94.
    Medical researcher are usually on J-1 visa or H1B visa. Unlike companies these H1b visa are exempt from cap requirements and hence can have nearly any starting date.
    ..
    I speak from personal experience some time back when a friend of mine lost his temporary faculty job in India but he had H1B visa valid for 15 more days. My US university offered to take him back on his visa.So he immediately flew back,and IO@POE@BWI asked him not to delay filing the extension.
    ..
    Hence if the visa was expiring in 10-15 days then it was the IO who was generous because he let him in so that you can it renewed here.(J-1 extension is easily done by univ itself in one day,H1b extension is valid once the papers are filed with USCIS cand an be easily expedited).







    Pappu, I also thought that these are rumors as there hasn't been a single instance where the person who was refused visa put up a post on IV [or other immigration message boards.]

    But today morning, my colleague said that his friend was harassed by IO. My colleague's friend came to JFK last week and IO called the professor he was working with. [My colleague said he is a doctor, doing medical research here]. IO gave him I-94 expiring in 5 days and asked him to go back. I have asked contact details for his friend and I will make sure that he gets in touch with IV so that IV can do something about it.



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  • samy
    11-12 02:40 AM
    IV core should have two focus: long term plan and a short term plan.

    Long term plan is anything that involves visa increase.

    Short term plan is anything that does not involve visa increase, but that provides some kind of releif to us. A no-nonsense, non-controversial and simple measure that can be added to an appropriation bill is a best example.

    I hope the core is reading this post...





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  • tushar123
    02-13 05:26 PM
    Its funny to see that people call this ethinic cleansing.... it is the right of America to punish people who disobey the law. reservation now in india is a better example which deprives people from certain community to persue higher education or employment in govt jobs.



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  • ns007
    04-21 08:27 AM
    Sorry, did not see this thread before.

    Please let me know if you still need someone to call members. I am available until 4pm EST today.

    Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.





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  • krishmunn
    05-23 02:25 PM
    MBA is not for everyone and in addition, an Online MBA doesn't have any value. .

    Agree with your first part ---- MBA (or any Masters) is not for everyone -- you are a living example :)

    For second part of your post (online MBA does not have any value) ---- you are probably still living in stone age -- BTW, did you hear of something called google :)



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  • mpadapa
    09-26 09:25 AM
    This is CNN at its best.. Twist the facts to drum up their own agenda
    IV needs to contact the editor and educate him on immigration issues..


    Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
    I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.

    http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606





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  • WeShallOvercome
    07-20 02:38 PM
    Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
    After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.

    Thanks.

    you don't need PD's to be current to apply for interim benefits like EAD/AP



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  • eb3_nepa
    07-05 12:10 PM
    FIRST make the Forums Viewable ONLY by members who are signed in. Currently you need to sign in only to POST.





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  • senthil1
    12-22 11:14 AM
    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 wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...





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  • rbms
    11-01 01:28 AM
    Nrc2008063600





    mdubbaka
    03-17 02:37 PM
    MY PD is Sep 2002. Filed in July 2007.





    thomachan72
    04-11 09:32 AM
    Before taking up any agenda, check with IV core whether it is the right time.

    If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?

    I think Suhail raised a verry valid point. However, to recapture unused visa numbers might not just be an administrative fix. it would require a law being passed just for that and that then becomes a whole different issue.
    We know visa numbers have been wasted but can we persuade and get a majority vote on a legislation that would recapture unused visa numbers?? That to me is a mighty big task in itself.... just like raising the country limits.
    I am certainly not discouraing anybody....
    On the other hand, is there any legal issue involved that could be fought in a court of law?? Since there were more applications pending than the allowed anual limit why were not sufficient numbers of visas issued? was it because there was a per country limit?? If that is true they can simply say unless the per country limit is removed they cannot issue more numbers to India/china.
    Personally, I therefore feel more inclined to fight for these:-
    1) Taking of the per country limits (toughest one)
    2) Allowing change of status application irrespective of availability of visa numbers
    3) Allowing for H1b stamping from within the US
    4) premium processing of I-140



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