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  • thirdworldman
    03-09 10:56 PM
    Oh yeah, I know my bench sucks.





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  • arbhaat
    04-06 09:12 PM
    good post ek_bechara!
    ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
    btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!





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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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  • alisa
    01-21 02:13 AM
    Anyone??
    This is all for EB-3.
    I think this is the best case scenario.
    Pardon my ignorance, but I am assuming that EB-2 eats up from EB-3's numbers, and so EB-2 wait times will be better than what is estimated here for EB-3, at the expense of the EB-3 waiting times ofcourse.

    For India:
    Depletion_rate = 10500/year
    Accumulation_rate = 19500/year

    For ROW:
    Depletion_rate = 25000/year (Kinda curves-fits to retire all 2001 backlog by 2006, and 2002 backlog by 2008)
    Accumulation_rate = 19500/year (Estimated to be the same as that of India)

    All numbers rounded off. No
    For 2001: Year_current = 2001 + (123194/Depletion_rate)
    For 2002: Year_current = 2002 + (160274/Depletion_rate)
    For 2003 and later
    Year_current = Year_applied + ( (Year_applied-2002)*(Accumulation_rate-Depletion_rate) + 160274) / Depletion_rate


    Here are the results. YA is year applied. YC is Year your PD will be current.
    No processing delay assumed.


    ...........India.. ROW
    D_rate 10000 25000
    A_rate 19500 19500

    YA YC YC
    2001 2013 2006
    2002 2018 2008
    2003 2020 2009
    2004 2022 2010
    2005 2024 2011
    2006 2026 2012
    2007 2028 2012
    2008 2030 2013
    2009 2032 2014
    2010 2034 2015

    I am open to suggestions on how this model can be improved.
    If this model, and these estimates are reasonably accurate, lets come out with our own visa bulletin.



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  • EB3_SEP04
    05-26 04:25 PM
    While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
    Officer : Sir what is your status in the US ?
    Buddy: I am on L1 visa
    I: H1B
    buddy's wife: L2
    my wife: H4
    officer: is anyone US citizen ?
    I: my son is (he was sitting in the car seat)

    Officer: (to my buddy) Is your visa still valid ?
    Buddy: yes
    officer: do you have documents to prove your status?
    buddy: i have some papers in my bag which in the the trunk
    officer: can you show me?
    (buddy got out showed him tax papers and answered some questions)
    officer: did they not tell you you are supposed to carry your papers while travelling?
    buddy: I came over a year ago so i don't remember
    officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.

    I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?

    http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf

    I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.





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  • virald
    07-18 09:49 AM
    What is meant by "Rejected" here?

    -FedEx not accepted on July 2nd
    -They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
    -Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
    -Rejection email was sent to lawyer/candidate
    OR
    -USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)

    Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.

    I contacted my attorney but so far no reply. Will update all of you.

    I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
    Thanks

    Rejection means -- packets opened, and, returned as reject because dates not current.
    I am also convinced that, if one has not gotten the package back, the person should be okay. But, just want to get the confirmation that we will be okay proactively rather than waiting.
    I'll post as soon as I find out from my lawyer.



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  • abracadabra102
    02-09 04:45 PM
    They wasted 580 EB3 India visas last year (2009).
    Total available EB3 India GC Visas per year: 2802
    Used: 2222

    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf

    A third of 7% is the upper limit for EB3 I. They can issue fewer Visas based on demand from other countries. Having said that, South Korea and Philippines got more than their fair share. There may be some reason for this.





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  • dankusam
    12-12 09:39 PM
    Hi could someone please show me how to write the letter to explain reason for AP? Should I explain why I am leaving or emphasize on the need to come back?

    Also, in the e-filing form the oversea address is not required as it does on the paper form, should I provide it anyway as the supporting doc?

    Thanks much!!



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  • achu
    06-10 05:53 PM
    sent email. thanks.





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  • reddymjm
    12-20 04:29 PM
    He did not pay you. Thats all. don't worry about it. Even I know people who got GC's even with a real degree I mean completed degree even from INdia. Its all LUCK.



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  • little_willy
    10-15 06:14 PM
    Nixtor - In the poll question you talk about providing your receipt number but I don't see any mentions about that in the document. Do you expect us to include our receipt # with this request. Please clarify.





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  • styrum
    01-18 04:05 PM
    Looks like if you already have EAD that can be considered a "certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section". Then you don't need the passport or other forms. Those still on H1B but without EAD then must carry a passport with a valid I-94 detached from I797 and stapled to the passport or the entire I797 with I-94 still attached, or the I485 receipt.

    Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?



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  • srkamath
    07-13 10:42 AM
    Keep in mind two things. Many, quite possibly most of the July VB fiasco filed 485s have not been processed yet, Eb2 or EB3 India. There have been more recently (in the past couple of months) but still not most. A good number of those filers had earlier PDs.
    The quarterly statutory quota for EB2 I or C is so puny (something like 700 visas) that any movement would almost entirely be dependent on the Eb1 and EB2ROW overflow. That is why I feel, once this next two months pass, we will see dates back in 2004 for EB2. Maybe not quite back in April, but sometime in the middle to later 2004. However we could see PDs move at a healthy clip for EB2 I and C next year. It will take most of next years overflow to clear up the EB2 backlog in my view.

    They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
    USCIS will process in the following order now
    1. Pull out cases based on PD, review then approve/deny/RFE
    2. While waiting for RFE, process the next based on PD
    3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.

    They will manage to process about 20k cases approving as many as possible by Sep30th2008.

    Therefore, only those with pending RFEs will be delayed into next year.

    USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)





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  • Jaime
    09-10 04:23 PM
    Let's not waste this opportunity!!! Let's go guys!!!! Getting to DC requires a sacrifice, but you will be SO glad you went once you see how great we can make it!!!! We can only make it great is you come though!!!



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  • sivakumar
    02-22 12:14 PM
    any comment friends ?





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  • cygent
    03-23 10:18 PM
    How do you know if labor is EB2 or EB3?

    Hello all,

    How do you determine if the category is EB2 or EB3? How can you find that out from which document?

    Thanks!



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  • div_bell_2003
    01-20 02:53 PM
    Buying a house is treated more as an investment (so you are told by the mortgage brokers) and like any investment it has its ups and downs. The OP probably wanted to get into this down market to get a house at a far lower price that what it used to be 10 months back ( similar to buying stocks now if you want to play long ). I really don't see a point lambasting OP for that choice, it's an individual decision.

    However, I also do believe that one has to weigh in their options before they plan to make an investment. If you are expecting a kid and your wife is planning on taking time off work to raise the kid, it's probably not a good idea to get such a huge loan on one's back since it's a well known fact, it's going to take some time before anyone see any +ve value on their house prices. It's also imperative in this market to have a decent cash reserve , in case there is no dual income to cover for expenses in case of a job loss. If someone didn't do it, no use crying now !





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  • gc03
    07-24 09:02 AM
    I totally agree with you. Excellent point.





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  • Imm_Exploited
    03-15 09:52 PM
    I wonder who wants to take credit for the elimination of the labor substitution provision that has been (mis) used by the immigrant community as well as some employers. Labor substitution was one of the reasons for the back and forth of priority dates movement. Thankfully, effective July 2007, the labor substitution rule has been eliminated.

    The immigration system was more of screwed-up one till March 2005 (not that it is no more a screwed-up system now) when the PERM was introduced. With the introduction of PERM, the priority dates were common for EB labor certification nation-wide. Prior to March 2005, we had a screwed-up policy of state-wise labor-certification backlog where those who filed from states like Maine or Nebraska had an advantage of getting not only the approval of labor certification (form ETA 750-A/750-B or ETA 9089) faster but also having the Green Card in hand much sooner than those who filed from other states.

    Though the introduction of PERM, removal of labor-substitution, and the 180-day rule for name check have noteworthy and life-saving benefits for immigrants, there needs to be more transparency from DOS/USCIS on how the EB GCs are allotted or wasted unused.

    IE





    rayoflight
    06-15 10:02 AM
    I meant can we get a list of all the states the emails have been sent by all the members.

    The mail will only be sent to your US Senators from your state.





    lazycis
    01-19 08:50 PM
    When my Mother-in-law came here a few years back, she was stopped at the passport control. They wanted to ask a few questions, but as she does not speak English at all and they could not find an interpreter, they let her go after a few minutes. She just showed an invitation letter and did not say a word in English. It does work.



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