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  • ashutrip
    06-22 11:28 AM
    Visa Bulletin suggests that severe cut-off date retrogressions are likely to occur early in FY 2008, which starts on October 1, 2007.

    So we still have some time on our side.
    Hope will keep us alive!!




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  • ItIsNotFunny
    07-06 09:33 AM
    Why does the line on top of this page say

    ****
    Goal amount for this month: 10000 USD, Received: 0 USD (0%)
    ****

    I guess, last month is about $2500, and previous month is less than $2K.

    Any plans in your mind how to get every member pay $1 every month?

    I gave my opinion on this in past. As we are dealing "very intelligent" community, need straight forward agenda to collect donation. Vague ideas don't work for collecting donation in our community. Pappu took a nice initiative and published 5 high level agenda items. Lets analyze how much money each agenda will need and we can move forward from there.




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  • saileshdude
    09-10 10:43 AM
    I think these guys are just playing with our minds. They know how many applications are pending. At least they have a estimate and idea.

    Now they will sit on these pending applications until the end of year and then suddenly move dates 2-3 years ahead and approve some GCs. Few will be happy and most of us will be disappointed.




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  • eb3_nepa
    07-14 01:30 PM
    Conf Number: 7YB0F-K01XZ

    Thanks kevinkris



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  • eb3_nepa
    07-14 05:20 PM
    Done!
    $11.00
    BoA C# 7YBHX-VPQKG
    Don't ask me the reason why $11 ? Let me clarify; the amount of $11, $21, $51 ..etc...are called lucky amounts...

    I agree :)




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  • senthil1
    10-03 04:40 PM
    Increasing green card numbers will resolve this problem also. For example doubling the Visa numbers will not have much impact when CIS wastes a few hundred or a few thousand Visa numbers. If Annual cap is 300k then also CIS may waste 5k Visa numbers every year on average. But without increasing gc numbers even full utilization of 140k Visa will not have any impact Indian PD as demand is high.


    Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
    We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
    If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).



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  • sampath
    04-25 02:04 PM
    I did'nt start this thread. I just expressed my opinion supporting it, when I saw others' express their views..

    I don't understand what you mean by saying "take this offline". Anyway, if you are the admin, you can delete this thread and put it where you want...




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  • 485Mbe4001
    09-10 02:26 PM
    Please realize that HR 5882 is the only hope for now. I had mentioned in my previous posts that EB 2 I/C will retrogress in Oct (many said i was just saying this because i was EB3). This is not the time to be complacent or hope that USCIS will start dishing out visas and clear the backlogs. Help in working towards getting something done with the bills, the window of opportunity is very short.



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  • Kodi
    06-22 11:50 AM
    If you have the username and password you can check the status in the DOL site. Usually only the lawyer and employer can check it as they don't give you the login details but some don't mind.




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  • eb3_nepa
    07-14 12:52 PM
    An added request, if all those who DID contribute/Are contributing. Can you guys please update your signatures with a link back to this thread. (http://immigrationvoice.org/forum/showthread.php?t=20183)



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  • unseenguy
    02-09 10:31 PM
    Well. Your parents and in laws may not need your money. But defintely IV needs it. So contribute at

    http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000

    I will. Thanks for rounding up.




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  • kumar1
    07-20 02:50 PM
    no. of h1b issued in last 4 years 65kX4= 260k
    even if you double that (which i m sure is not the case), still it come to 500k.
    so ure over estimating it.
    thanks

    What about L1-A and L1-B? They are a lot too. 192,000-60,000 = L1 number each year.



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  • chanduv23
    05-14 11:58 AM
    Just an update from my side:

    I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.

    Guys,
    If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.

    Great going. Please post your updates. I am sure, you will be fine.




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  • amitkhare77
    11-08 07:40 PM
    No, this is only the processing time for labor application, the whole process took a lot longer than this. I first submitted my document to the lawyer in the last week of January this year. Lawyer prepared my case, wages approval etc. it took around 1+ month to get preventing wages. then advertisement, recruitment process etc.
    almost 8 month to finish all the requirements before the company could actually file the labor application.

    I hope this answers your question.
    Wow! Just in less than 2 months? What about the Ad stuff? Does this include everything?



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  • ItIsNotFunny
    03-04 05:14 PM
    After reading all these, got curious and checked status of my cases online after a year. I got a soft lud on my, my wife & son's case on 02/25. Something is definitely happening.




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  • addsf345
    11-20 03:38 PM
    Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
    See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
    http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
    EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.

    See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:

    http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html

    "The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."

    Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o



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  • pappu
    06-02 11:04 PM
    Ironical, isn't it? This diatribe coming from someone whose handle is "BigLoser"!! From which mushrooom did you crawl under?

    Thanks, but no thanks!
    Jayant
    Thank you for the troll alert. The post is deleted. Please inform when you find such post.
    Any post from such users will mean immediate ban without any warning. All moderators will be very strict during these months. We get lot of traffic from anti immigrants and we dont have time for their nonsense. They can take it anywhere else they want and sulk. Bye bye BigLoser. You have just been banned!

    All members are requested to point to any such posts immediately to moderators so that they can take immediate action.




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  • hsd31
    09-01 01:33 PM
    kalinga_sena case seems to be the worst.

    Besides kalinga_sena and me, looks like gclabor07 and mgmanoj have also been in the US 10+ years and still don't have an EAD. That will be an interesting poll too: 10+ years in the US and still no EAD.




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  • bigboy007
    06-03 01:40 AM
    I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:

    ================================================== =

    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.


    ----------------------

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.




    InTheMoment
    07-18 02:23 PM
    Yes..a fairly correct and concise way of putting it !:)

    So now guys realize how RD becomes crucial within the PD current window !
    If the window is too current say 06/07 than it may not be fair to older PD's
    if it around 2003 the window is not too wide and quotient of fairness increases.

    He is absolutely correct. 485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.




    Mouns
    04-30 03:29 PM
    OK so here it is, it will get 2 years before the backlogs due to the surge clear and to get back to normal... :mad:



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