Monday, June 13, 2011

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  • gccovet
    07-03 06:38 AM
    The document mailed is your APPROVED AP.

    Congrats!!

    Thanks , I appreciate your reply.

    I am more concern about the text, In one message says: Approval notice sent, in the other application, which is as follows, says Document mailed to applicant, (Status does not say, "APPROVED")



    Receipt Number: SRCXXXXXXXXXXXX

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Document mailed to applicant.
    On July 1, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.




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  • transpass
    07-15 04:22 PM
    Just based on the definition given by DOL I decided Level III and Level IV to be EB2. Besides I am EB2 and my wage level is Level IV. I agree it is hard to conclude the cat based on wage level, I saw there were some Senior welders in Level III as well as Vice presidents of the companies. Quite a contradiction isn't it!!

    I checked with the lawyer's office regarding levels I, II, II and IV on labor certification...The thing that determines EB2 and EB3 is what is written on the approved I-140.

    For example, if it says 'Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2)' it is EB2. So it's what's checked in when u file your 140, and what it is approved for.

    As far as levels I, II, III and IV are concerned, it does not matter regarding adjudication. The thing that only matters is either EB2 or EB3 (which is based on 140 approval as mentioned above) for Indians and Chinese in this case...




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  • willgetgc2005
    07-17 07:42 PM
    We talk about how we contribute to the US economy. I don't think there are buyers to this argument. If there were, we would have seen something similar to what happened to the nurses. We would have seen some concrete relief by now. With all the great work IV did and its members did, there is nothing.

    Let us fact it. We need GCs and we have waited for x years. Now that only seems to be illusion that may happen some day, many years from now. Have we contributed to this country. Yes in many folds.
    Will the US govt provide relief. Probably not. They will certainly
    raise H1bs as they need more contributors to SS. All this SKIL etc is just to keep us going for a few more years. After a few more years, many will give up, but get used to living the way we live now. We just wont have the energy to complain. After a while it is human nature, at least in most cases to accept. If we accept we will continue here hoping, some day GC will happen. I believe the majority will fall into this category. There maybe a few who will leave. But then there will be thousand more new H1b coming in to do the work, chasing the GC illusion, contributing to SS, buying cars, paying rents keeping the economy going. The lawyers will make money. Employers will get indentured workers. The economy will benefit from their productivity. So all concerned except you and me will be OK.


    They understand the circle of life better than you and I do. It is about time we understand this. Once this sinks in, we will make the right choice, whet ever that maybe.




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  • jungalee43
    09-28 11:37 AM
    I used AC21 but was lucky to get RFE only. Thank God.
    It is not worth unless you get double or at least 50% rise in pay.
    Else don't go that route.

    Guys who got NOID/Denied 485, quick question.

    Looking back, do you think it was worth making the job move using AC21? Is it really worth the time, money, anxiety, sleepless nights that you go through during NOID-MTR?

    For people getting layed off, they have no choice but to use AC21, but for rest of us, why not continue with the job you are currently in and let the GC take its turn rather than risking it?

    PS: I am in US for past 5 yrs with May06 PD. I am just trying to get an opinion here, so don't flame on me. I was comtemplating on using AC21 but reading all the NOID stories, i am bit hesitent now.



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  • smuggymba
    03-27 09:36 AM
    You came here 6 years ago and applied for your GC only in 2010. Didnt you find an employer who would file one for you. And you also know if your GC gets screwed for some reason, then you are out of the US also.
    Looks like something is missing, Dear.
    6 years ago, in 2004 (2010 minus 6 years), there was no retrogression. And you didnt apply though you had an option. Very very funny.
    Tell me, what are the facts.

    I came in 2005 and was eligible in 2006 for EB3 as per company's policy. There was huge retrogression then and I was hoping EB2 would be better for GC and career. Anyway, that's not the point.

    One thing I like is that people are acknowledging the porting is a loophole and plan to use it anyway since it suits them.




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  • pitha
    05-31 10:42 AM
    This is a slippery slope,

    "would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience"

    the keyword is "certain", in skil that "certain" meany MS or PHD, what does this certain mean, it all depends on the definition of certain, it would be nice if the use the same definition of skil (masters and phd)


    would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience



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  • Legal
    07-15 05:14 PM
    mheggade
    Senior Member Join Date: Feb 2006
    Posts: 120
    Quote:
    Originally Posted by delax
    Not sure I follow you. How are we getting 50K spill over visas?

    Well 50k we are getting like this.

    1) EB1 Over Flow (50% of EB1 was unused last year) 46k/2= 23k
    2) EB2 Over Flow , this number is still fuzzy. But lets say around 10k.
    3) EB2 India has quota of 3500.

    So approx 40k.

    If I understand correctly, but out of this 40k or 50k only 20K are available for use before Sep 30th.




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  • Dakota Newfie
    02-13 09:33 AM
    Schedule A is basically limited to nurses and physiotherapists - I have not heard of any others being included. Radiology professions (MRI, CT techs, etc.) are in high demand but are not include, though i don't know why?



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  • kate123
    02-13 06:07 PM
    Please see my comments in RED below

    You are reading my post selectively and not in its entirety. I did not say EAD is waste and useless, I said EAD is waste and useless without the removal of semilar or same job requirement in AC21 as USCIS will sooner or later deny AOS based on semilar\same job requirement. Do you know how many RFE\denial notices have been issued by USCIS to EAD\Ac21 workers? There is an entire thread running into several pages related to that. Scores of people wrote to USCIS ombudsman complaining about USCIS issuing denial notice to people whose I140 was revoked by previous employer even though Ac21 says AOS continues even if I140 is rovoked by previous employer. There are instances where USCIS has issued rfe to prove they are in a same\semilar job. History has shown USCIS uses issues like same\semilar job to kick people out. Based on the IO adjudicating your case, based on the economic climate etc USCIS has made life difficuly (current h1b crackdown is a example).

    What I am saying is bring in protection to AOS by
    -removing the same or semilar job requirement in AC21
    Its not that easy to make this adjustment. If you take out this clause a person can work any where and this is more like a green card. For example a software person can even work in a gas station. I am afraid, this cannot be done as easy as you think.--- Again, I am not saying that it should not be done; all I am saying is let us keep this as a separate item

    -making sure USCIS does not deny AOS when previous employer revokes aproved i140.(even though ac21 says aos cannot be denied, USCIS is sending denail notice).
    There were several request mails already sent to USCIS ombudsman about this issue. Let us not mix up again.


    Yes EAD is absolutely better than H1b but not for long, when people start using EAD instead of H1b, -- This issue will come only if I change my job. If I want to be with same employer I will have flexibility of using EAD (with out the need to extend H1, Visa Stamping)
    USCIS will start denying AOS based on Same\semilar job or other grey areas (not working on EAD because of lay off) then you are back to square one. If you are on EAD and AOS is denied you are out of status like H1b. -- This will come in to picture if I want to use AC21.
    Close the loopholes first before you open the pre filing AOS. Your statement regarding not work at all on EAD is not correct. USCIS can issue rfe\denial notice for lack of job. I hope it was true that it does not matter if you are not working at all on EAD.

    Also please remember that the percent of AC21 denials are compartively less when you compare with total number of people who successfully used AC21... we already have a separate compain for AC21 denials where lots of people have already sent mails CIS ombudsman.

    If I am wrong please correct me.
    Thanks
    Kiran :)




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  • lax999
    07-16 12:56 PM
    Hi,
    I was not able to find a good answer for my question below from the search, so I posting again.

    �Is the Service Center processing dates based on Received Date or Notice date on the I 485 Receipt Notice??
    �Also I see many times people talking about Receipt Date is it Received date or Notice Date On the I 485 Receipt Notice??

    Thanks
    LK



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  • test101
    07-05 12:46 PM
    called Kennedy office at Washington: They said that the sentor is aware of it but do not know what he action.

    called kerry office at Washington: they directed me to the boston office.

    Called Cornyn office: They said the sentor is out of town and they will pass the issue for him. The one i spoke to does not know the position of the sentor on this issue.




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  • alok_msh
    05-19 03:44 PM
    50 $
    Receipt ID: 2164-6311-7563-7909
    Merchant Contact Information
    Immigration Voice
    donations@immigrationvoice.org
    850-391-4966



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  • qvadis
    03-20 08:33 PM
    The visa office's interpretation is correct and if you read 202 (a) (5) it clearly says that the country limits should be ignored for unused visa numbers.

    Well, which interpretation? The one from April '08 or from November '05? They substantially differ. That's part of the controversy. What motivated them to change it?

    I do think that the interpretation is, at least, debatable, and I can see both interpretations. In the end, the question comes down to: does the country limit have priority over the EB category, and I don't think you can have a conclusive answer.


    I have gone through the sections of 202 (a) (5) and 203 (b) and the text of the law does not say that prefer country limits over categories.


    But it also doesn't say the opposite.


    In 202 (a) (5) it actually says assign visa numbers wasted in any category can be assigned with out per country limits. If you look at how they overflow from one category to another, those visa numbers belong to that category before they do NOT belong to a oversubscribed state or belong to ROW.


    It also states: if Visas available. You can certainly construe the case that Visas can only be available if they cannot be assigned to a lower category. 202 (a) (5) (B) actually states that only in application of 202 (e), Visas should be deemed to be required. Does that mean they are not required otherwise? 203(b) actually uses the same terminology to allow non-required visas to fall through.

    Historically, before AC-21 was added, Visa numbers were wasted because they needed to be assigned in proportion. Irrespective of the interpretation of 202 (a) (5) this cannot happen with AC-21.




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  • mpadapa
    07-01 09:37 AM
    Are you sure your employer didn't sneak in a labor sub without your knowledge??

    If not, you got a lucky break, just cherish it? Once in a while USCIS gives us good surprises too:D Few of the folks don't have the guts to share such a lucky break on the forum, thanks for letting us know. EB2 visa's are available and hence the approval won't be a surprise except that u'r PD's aren't current. It would've been a huge surprise if this happened to EB3-I. May be the adjudicator mistakenly saw U as a ROW applicant. We all wish this adjudicator be assigned with lots of cases:D



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  • jayleno
    09-21 04:37 PM
    Buddy,
    If you really dont need a green card, do you really need to be on this forum? Think about it. Nice try though.




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  • thepaew
    05-29 04:16 PM
    I'll take that Air France ordeal anyday w/o compensation over an Air India first class ticket.

    European carriers are not that friendly to indian flyers. if you have a choice, try to avoid them.



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  • Pandi
    05-17 02:05 PM
    I have sent the email to my local senators :)




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  • H4_losing_hope
    02-13 04:23 PM
    Thank you abhijitp, waiting4gc and needhelp! These are some great pointers, and my chances sound better already. I am going to see what I can do :) Things have picked up a little on my numbers today, happy to say at 163 now!




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  • akred
    03-24 08:52 PM
    it's very easy to make assumptions of how the system works in this country when people want a solution that fits their own particular needs.
    When people have been part of this society for less then 10 years; it is a very, very short time to understand how the system works and the whole history and what goes on behind the scenes.

    Irrelevant and probably true for you as well. You don't need to be part of a society to understand how it works. You can understand it just fine by reading the literature produced by that society.


    I've said this in the past; many people walk around with eyes wide shut. Do some really exhaustive work of the history of immigration; the debates that happened when the laws got created; what has passed, what hasn't; what uscis/ice/dol is doing; request for evidence, denials, consulate refusals; underbidding of contracts, etc.; you may come up with different conclusions then what you may currently believe.

    It's tempting but also very naive to lay the blame for immigration restriction via the country quotas on abuse. My views on this were shaped after reading the history on immigration to the US and the literature put out by the anti-immigration movement.

    The history of racial exclusion in US immigration laws (http://academic.udayton.edu/race/02rights/immigr09.htm)

    Alien Nation: Common Sense About America's Immigration Disaster (http://www.amazon.com/Alien-Nation-Americas-Immigration-Disaster/dp/0060976918)

    The Case Against Immigration: The Moral, Economic, Social, and Environmental Reasons for Reducing U.S. Immigration Back to Traditional Levels (http://www.amazon.com/Case-Against-Immigration-Environmental-Traditional/dp/0393039153)

    State of Emergency: The Third World Invasion and Conquest of America (http://www.amazon.com/State-Emergency-Invasion-Conquest-America/dp/0312360037)

    The Death of the West: How Dying Populations and Immigrant Invasions Imperil Our Country and Civilization (http://www.amazon.com/Death-West-Populations-Immigrant-Civilization/dp/0312285485)




    nk2
    07-23 07:55 PM
    but its better to wait till Aug 12 not more than that.....

    Agree, some wait is okay, don't wait too long.




    amitjoey
    05-20 12:48 PM
    I am having a lot of success asking my friends to also help us send emails. Some of these people are not stuck in the EB Queue, but are glad to help.

    Please ask all your friends to help out to send emails and printed letters.



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