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  • nikh
    11-30 12:24 PM
    As per the document:

    total EB2 visa available: 40040
    Grand total of EB2 pending: 33850

    So, technically all the EB2 applicants should get their GC during the fiscal year of 2011. Even in the situation where no fall down from EB1.

    Seems like good news for many and hopefully foir EB3s as well if further fall down of visas occur.

    Guess, USCIS should wake up and move the dates faster instead of jungling during last quarter of the fiscal year.





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  • bluekayal
    11-02 11:23 AM
    Ellen D. Krengel
    Practice Limited to Immigration & Nationality Law

    3301 El Camino Real, Suite 220
    Atherton, CA 94027
    phone:650-363-2363
    fax: 650-363-2373
    email: eKrengel@yahoo.com





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  • SunnySurya
    11-02 05:09 PM
    Yeah! let us all right to John McCain!
    All,

    Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
    or
    does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
    Thanks,





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  • edd
    02-05 05:36 PM
    Hi,
    I am also in the same boat. only spouse received the notice. So did you go FP along with your wife? would appreciate your input on this one



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  • anilvt
    08-10 05:15 PM
    count me too





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  • lyiu18
    02-23 08:10 AM
    good to know, thx.



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  • msyedy
    01-24 11:09 AM
    Yes your crook attorney is partially right. Because once your I-140 gets approved, then you are eligible for 3 yr extension and not 1 yr extension. No attorney like his/her clients get 3 yrs extension because they will lose their attorney fee for the next two years.

    Just ask your lier to apply for I-140. If he refuses to do that, ask him why?

    Change your attorney if you are paying for your GC. If company is paying then talk to the companies HR or who ever, lawyers will work on what the company says.

    Forget about the lawyer, It is the company issue here if they are paying for your GC.

    ....





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  • Madhuri
    11-07 04:59 PM
    Your exp. MUST be before you joined the petitioning company.
    Lawyer seems to care only about getting fees.

    I spoke with my lawyer again and he said that we are fine using the experience on my current job. The company that is petitioning my application is where I got most of the experience mentioned in my labor. What do you recommend I do at this point ?

    I will try and talk to another lawyer and get their views on this issue. Can I retain my priority date and file under perm at this stage. I am so stressed, I waited four years for my labor and it is about to go to hell. :mad:



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  • gc28262
    11-30 10:52 PM
    All,

    I am starting this thread to track I-485 applications that did not receive receipt notices yet after filing in July-August

    I filed on August 15th
    No receipt notice yet as of Nov, 5, 2007

    Anybody else in similar situation ?

    My attorney received attorney's copy of 485/140 notices on Nov-14-2007. I didn't receive my copy so far as I had moved after filing my 485. However I used attorneys copies for filing my EAD etc.





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  • chanduv23
    09-03 10:00 PM
    Politely: I think that my time can be better spent distributing fliers. My time is limited, if I attend this I won't have much time to distribute fliers. So unless someone convinces me why this is more important I won't be attending.

    The event is mainly to bolster the attendance for the Rally and also give the community an opportunity to interact with other community members to discuss mobilization plans and campaigns.

    While few members are highly informed on all these things, a lot of members will have basic questions.

    Distributing flyers is good, we we must continue to do that - these flyers must be distributed at strategic locations otherwise there is not much use. The locations would include highly populated skilled workers areas like Jersey and NYC where thousands of tech workers are affected by retrogression and also universities where students who graduate will face the quota issues when they look for their first job.



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  • malibuguy007
    10-02 06:45 PM
    Could not believe this thread was not on the first page. The lack of response so far is not going to shake my belief that ultimately most of you will contribute. Maybe you have not cashed your check yet?





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  • Sandeep
    03-07 05:43 PM
    The Program Assessment Rating Tool (PART) was developed to assess and improve program performance so that the Federal government can achieve better results. A PART review helps identify a program’s strengths and weaknesses to inform funding and management decisions aimed at making the program more effective. This is what the DOL's review (http://www.whitehouse.gov/omb/budget/fy2006/pma/labor.pdf) shows. It is very informative as we come to know that they themselves are admitting serious flaws

    Page 211
    Is the program design free of major flaws that would limit the program's effectiveness or
    efficiency?
    Answer: NO
    Summary
    The DOL admits that these are the problems:
    - "current process is paper- intensive, duplicative in places, and inefficient"
    - "vulnerability to fraud and abuse"
    - The whole process is meaningless because "it could be years between the recruitment efforts described in an application to DOL and the time a labor certification issues or the alien adjusts to permanent resident status"
    -"the certification itself lacks critical safeguards"

    Page 213
    Does the program have baselines and ambitious targets for its annual measures?
    Answer: NO
    "Program goals lack specific, ambitious annual targets. For example, the published backlog reduction targets would not result in elimination of the backlog in two years, as the program currently plans. And the goal to reduce processing time to six months for 90% of applications (currently 32 months) may not be either sufficiently tailored or ambitious for the new automated review process, if processing rates hold true to plan."
    Summary
    The DOL says that they have promised somethings but it is not doable !!!

    Page 213
    Are Budget requests explicitly tied to accomplishment of the annual and long- term performance goals, and are the resource needs presented in a complete and transparent manner in the program's budget?
    Answer: NO
    Like the rest of DOL, ETA does not have an integrated accounting and performance management system to identify the full cost of achieving this program's performance goals and support day- to- day operations.
    Summary
    The DOL says that they have no idea of how much it will cost. So how are they planning to go ahead and get the resources to clear off all the cases in the BECS?

    Page 218
    Do independent evaluations of sufficient scope and quality indicate that the program is effective and achieving results?
    Answer: SMALL EXTENT
    Ongoing stakeholder concerns and findings from program evaluations or OIG audits conducted in years past raise serious questions about the design,management, and accountability of the current program.
    Summary
    There are a lot of audits saying that there is something seriously wrong


    Page 219
    "The goal of eliminating the backlog by the end of FY 2006 is a result of an external evaluation conducted in 2002. Lengthy processing times are a majorconcern for program stakeholders. Though the goal is ambitious, there is a disconnect with the published targets, which cover only the state- level backlog of 270,000 cases (not the additional cases pending at the federal level) and would not accomplish the goal within two years."
    Summary
    Though they have stated that their goal is 2006 there is no way that is going to be true

    And inspite of all this the program rates "ADEQUATE" ?



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  • mhtanim
    06-30 02:04 AM
    Your H-1B stays valid for as long as it is approved, even if you enter using AP.

    If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?





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  • pappu
    06-19 09:13 AM
    See

    http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate



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  • ak_2006
    04-30 06:08 PM
    5:30 PM: Shumer concludes the hearing saying that it's not going to be easy, but I think we're going to get something done. Thank you.





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  • ImmigrationAnswerMan
    06-30 12:36 PM
    Changingjobs:

    You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.

    Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.

    You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.

    I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.



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  • peer123
    06-13 07:52 AM
    IV core shud approach republicans who are saying no amnesty to law breakers.
    Let us approach them and convince them to bring amendments to reward law abiding people like us.


    Great point.. core team should develop a strategy and share it with entire group as to how they are working towards getting these ammendments in and whom are they approaching ....





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  • dealsnet
    01-13 02:12 PM
    You can amend the same petition. Tell your company to contact a lawyer to do that. They need to pay $200 fee and lawyer fee. May be needed new LCA for latest salary requirement. With the amended approval, you can stamp for the visa.
    You can say studies (advanced) or sick (family or you ) as the reasons for not take up the position.

    Thanks for the advice on that.
    Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?

    Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
    Thanks
    Alex





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  • EADchallenged
    03-23 12:24 PM
    All,

    I dont know what you guys think about the competing bills - Frist and Specter, but I get the feeling that the Frist bill which does not include any of the Illegal immigration amnesty provisions but does contain almost everything you would want for EB immigration better serves our purpose.

    The Specter Bill with the Guest Worker Program even if it passes the Senate will not pass the hardline conservative Congress - which could mean that all our EB provisions also get scuttled. Hence, I think it is in our best interest if the Comprehensive Immigration Bill (Specter) does not see the light of the day on the 27th. I would desist from urging the Judiciary committe from trying to make the deadline.

    What do you guys think





    veni001
    08-26 05:03 PM
    AFAIK, if the MS degree is from an US accredited institution and your new EB-2 job requires a MS degree, then yes, your new employer can start the EB-2 process for you. Once you have a US Masters, it doesn't matter what your earlier educational qualifications are. Key thing here is that your EB-2 job MUST require a Masters degree.

    .....and none of the accredited universities give you admission to MS unless you have bachelor's degree, and most of the online MS degrees are not from ABET accredited universities, please get all the information about the degree before you pay any FEE:o





    chanduv23
    09-04 11:31 AM
    Please sign up for the event



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