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  • rvr_jcop
    03-04 11:42 AM
    Is your case at NSC? I have definitely noticed a pattern of pre-adjudcation activity from NSC for cases filed in July-August 2007.

    I noticed that too, especially if the PD is 2003 or 2004, both EB2 and EB3.




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  • gcgcgcgc
    07-21 05:30 PM
    Hi Tina,

    Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.

    I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.

    Any input would be greatly helpful.


    Are there any Schedule A professionals who are filing this July?

    Any ideas/news you can share?

    Any ideas for those stuck in 40 days employer posting requirements, that will end sometime in August.

    Any input will be greatly appreciated.

    Thank you




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  • thescadaman
    05-10 11:40 AM
    Thanks for your reply. Infact I talked to the manager(Supervisor) at two DMV locations in Houston TX. First one only told me about this rule. At second place, since I insisted they showed me the rule in writing. I also expressed my frustration asking what kind of rule is this? They just washed hands saying they didn't make the rule and put the blame on texas legislature and parliament! Anyways will try your written rejection letter option.
    Suprised to read that you were able to make it in texas. Does your DL has Temporary Visitor Status Expies <Date> stamp on it?

    This is the highly detailed Official Document which (thankfully) does a good job of explaining the various statuses (25 pages long) - the criteria for applying and the validity of the DL.

    http://www.txdps.state.tx.us/DriverLicense/documents/ImmigrationStatusChart.pdf

    aerady - Have you applied for I-485?
    If Yes - then Look at Page 3 of this document

    Applicants for adjustment of status:
    Doc Required: Immigration documentation indicating this status � or Employment Authorization Document (EAD)(I-688B or I-766) with category C09. This documentation can include, but is not limited to a form I-797 indicating a pending I-485 or pending application for adjustment of status.
    Temporary Visitor Status Date: 1 year from date of application.




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  • chanduv23
    11-21 04:54 PM
    You know what, my head is going bananas. What you said makes sense too. May be it finally boils down to what IO thinks who is handling your case and LUCK!

    Not really h1b is a different track all together. If 485 is denied and the denial is final - person is still free to work till h1b expires thats why lawyers say h1b is safer



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  • NolaIndian32
    05-24 04:49 PM
    Please contribute IVians. We need your support to lobby for the current bills which have been introduced.

    My perspective on contributing to IV, is that I would gladly contribute $100 if there was a chance that I can get my gc a few months faster because of the efforts of IV.

    Got GC Stress??
    Contribute To IV Today!!




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  • lskreddy
    04-30 02:54 PM
    Other than boasting how excellent USCIS is doing their job, there was nothing new or helpful to the actual bill. It was actually counter to the task at hand. That was Aytes...

    Now, a State dept person is talking about how efficient they are..



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  • sriharirag
    07-13 05:57 PM
    Did my part in contacting senator and congressman...did get positive feedback...don't know what they will do.

    Thanks
    Sri




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  • maddipati1
    11-19 11:09 PM
    This scenarios is for those who used all 6 years on H1 and got H1 extension due to a pending AOS application. they may have EADs too..

    Ron Gocher quotes:
    "Again, to be clear, my point is that if your AOS is denied, you immediately lose all eligibility for post sixth year extensions of H status. All time spent in H status counts against the six year limit. If you burn up time in H status while you are waiting for an AOS adjudication, you may well make it impossible to go back into H status if your AOS is denied."

    My interpret...

    Rule 1 :

    > The max limit for H1 is only 6 years.

    > You can only extend H1 beyond 6 years if there is a pending AOS
    this means if there is no pending AOS, u r not eligible for H1.

    On thing is clear, if AOS denial is valid, then thats it, no more H1 (after 6yrs)

    but surprisingly Ron doesnt use the same logic for EAD too.

    > EAD is also given as a temp relief for those who has pending AOS
    so if there is no pending AOS, no more EAD too.

    he thinks EAD is valid even after AOS valid Denial.


    THe BIG QUESTION is, If AOS is wrongly denied and MTR is open,

    What is the status of the dude?

    Is the status AOS, coz its been denied already...

    But again, if the dude's out of status due to AOS denial,
    how come CIS allow to file MTR? Coz they know the guy who is
    filing MTR is out-of-status due to AOS denial :-)

    Its like a software u tested a lot with all kind of scenarios,
    but there is one scenario still not tested.

    Like in software, the dudes who initially wrote the code and the dudes who initially spcified requirements, are long gone to a different jobs. and after a few years (5,10 etc), a new set of dudes trying to wonder why this scenarios is missed, coz the whole biz process is already changed totally.

    so, the dudes who wrote these rules and regulations are long gone and retired. and there are hell lot of things changed afterwards like AC21 etc etc.

    thats is why systems need to be re-evaluated in a regular basis.


    can this shit be any more tangled.... :-)



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  • hpandey
    03-04 03:52 PM
    1. Did you pay for points?
    2. When did you lock?
    3. Who is your lender?

    I didn't pay any points. I locked in two weeks back and closed this week. Lender is a local bank in Mass.




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  • fruity
    07-22 06:27 PM
    I am glad to see sked A here. I have been following this forum for a long time now and there is nothing for healthcare prof though the discussions were very helpful. As I can see it, the july VB put benefits on those going through AOS but as a result those whom I know who are scheduled for interview in their home countries in AUg. was cancelled.



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  • jgh_res
    10-01 06:14 AM
    First in First out is always the best option. Unfortunately that is not happening. In this scenario you should be happy that lot of people are getting green cards as the number of people in the line before you gets reduced and the visa numbers are not wasted. As some body said "Life is not fair".

    The sad part is that some applicants who missed the boat called BEC with PD of around June 2004 on EB3/India got approved in June end/July time frame. I did see this on some forums external to IV.

    I think there may be candidates from 2001/2002/2003 who may have applied in June/July 07. But if the rumors of NSC processing RD wise (as seen on some forum posts outside IV), then it is unfair to these people, because there may be others who missed the BEC boat and are ahead of these folks coming out of BEC.




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  • satyasaich
    07-14 04:37 PM
    Please please come forward .
    $5 is truly a small amount but can make a big difference, only if all of us contribute

    Reasonable begining for this, but can be done more.

    Please support IV



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  • Keeme
    08-14 05:50 PM
    What are you talking about?
    For EB3, DOS had predicted that in the Oct. 2008 VB, dates would be reinstated to the June 2008 (not June 2007) VB dates. This means that if that is still going to be true, Oct. 2008 VB dates would be Nov 2001. Where do you get June 2003 as the EB3 VB dates?

    Am I missing something here? But if your prediction is true, I will buy you dinner!!!
    """The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September. """

    Let's understand it ! I'm sure you are aware about July 2007 Visa Bulletin fiasco. It made every category "C". Before that in June 2007 bulletin - they moved dates for EB3 & EB2 singnificantly. For EB3 India - it moved from May 2001 to Jun 2003 - People who filed their AOS are 'June' applicants and People who filed because of July 2007 bulletin are 'July/Aug' applicants

    DOS refering to these June applicants means having PD earlier than Jun 2003. I hope its clear to you.




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  • priti8888
    07-23 03:35 PM
    one of those who got labor approved fast from BEC...and slipped thru quickly....yes, I mean quickly even though it took 2.5 years


    We suffered a lot as well..We applied first in 2001 and then my husband got laid off and had to start process all over again. We are on our 9th year H1 , so it was'nt all rosy for us ..



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  • 485Mbe4001
    07-06 01:39 PM
    The article suggests that people in the namecheck hole were granted GC's which is WRONG. Most are still languishing with no reprive.

    When they say 25k or 60k GCs were approved, i am sure they would have stuck to the per country caps and the security clearance.




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  • msp1976
    04-26 12:31 PM
    Guys ,

    We have to stick to immigration reform..
    Let's not get into the medicare/social security/income tax issues.
    That would open a complete new front on which the immigration refrom opponents can attack you...

    Our organization has to steer clear of the landmine issues like Medicare, Social Security reform. Those issues have sank many political careers in washington...These issues are tar pits..swamps...

    We are threading a needle here...the thicker your thread gets..the less likely it would get through the needle hole..
    We have to maintain focus and not get carried away.



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  • ksrk
    09-10 07:37 PM
    28.6% of 7% of 140,000 per quarter is 700 not 2450.

    Hi sachug22,
    The 7% per country limit applies in the first two quarters independent of EB category. Hence the 2450.

    Unless, of course you are again dividing that as 28.6% per category - suspect EB1 takes up 28.6% of the 2450...

    Anyways, like several have pointed out, USCIS is beyond all this logic! :)




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  • sriharirag
    07-13 05:57 PM
    Did my part in contacting senator and congressman...did get positive feedback...don't know what they will do.

    Thanks
    Sri




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  • swaroopantoo
    09-07 06:11 PM
    Came in Aug 1997...
    Been on H1b since then...
    No EAD.
    Stuck in this process... seems forever now ....
    PD of Jun 02 in EB3...




    Libra
    09-12 12:54 PM
    thank you ska_iit




    desi485
    11-20 06:01 PM
    Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.

    I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.

    Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.

    Folks correct me if I am wrong

    Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.

    http://immigration-information.com/forums/showthread.php?t=5293

    "As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.

    There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.

    While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.

    If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."



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