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  • l1fraud
    06-09 11:33 PM
    http://www.uscis.gov/files/pressrelease/LVisa_12_9_2004.pdf

    Please refer this document and it will answer your doubt. To be specific L1B resources cannot be deployed in client premises on projects managed and controlled by client (known consulting assignments in technology world). This is just part of the violation. Second... L1B resources cannot be used for general technical skills (java/.net/oracle/production support etc) BUT can only be used for their speciality skills (while processing the L1 visa outsourcing companies shows some internal tools to prove this point). Hope this cleared your doubt, I am pretty sure that now you will be able to find a lot of violations in using L1B resources. L1B resource usage is so common that most of us who are aware of immigrations statuses even doesnt know about this .. forget others including our clients and their managers.





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  • arihant
    02-24 03:54 PM
    Does anyone understand what is used to calculate the 3 year period for advanced degree olders?

    Is the end of the three year period considered when you applied for LC, or when you apply for 485/140? Since, technically, people who are pending at the BEC as well as those who are affected by retrogression are still on NIV, and have not applied for immigrant Visa yet.

    This point will have an impact on a lot of folks who may have applied for LC less than three years after getting their Degree but would have crossed that limit by the time they can apply for the immigrant Visa.





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  • bkarnik
    08-07 09:43 AM
    LC substitution was wrong because it became a business thing for some unscruplous employers who started to sell LCs and get people to work like slaves. That being said I have no ill feelings towards people who used the opportunity to get their GCs faster, albeit by puttting in more of their money and/or working like slaves for a better life in the future (hopefully). EB3 to EB2 portability is someone trying to better his/her life after suffering in the queue forever and I have no issues with such people.

    I, therefore, cannot support this case. BTW, I am an EB2-I with Sep. 2006 PD.

    My first and only post on this issue.

    Bkarnik





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  • walking_dude
    10-28 11:24 PM
    I sent mine. Did you?

    Folks, all other issues can wait. AC21 is one silver lining in the GC journey which is otherwise filled with the dark clouds of Retrogression. We shouldn't let this benefit be taken away from us through unfair denials.

    You may not be a AC21 beneficiary now, but may have to avail it sooner or later if the economy continues to tank, like it's doing now. Most economists don't see economy recovering for couple more years.

    Act now, instead of regretting later.



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  • SAPGURU
    07-11 03:31 PM
    http://www.ibnlive.com/videos/44667/immigrants-refused-green-cards-take-to-gandhigiri.html





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  • SunJoshi
    12-30 03:52 PM
    Starting this thread to discuss bills and proposals for 2006. Open for public.

    The dabate will help formulate strategies.



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  • inderman
    10-26 04:15 PM
    FatJoe,

    Got an email from USCIS stating that there is an change in status... This email showed new status as Card Prodn Ordered...

    This was early evening 22'nd Oct.... Got two emails - one for me and one for my wife... exactly identical email.

    Then later at night (closer to midnite NSC time i think), i received the same two emails for me and my wife again.... not sure why.

    Since then no other emails.... So far, i have only recvd CPO email.... no other emails at all...





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  • adusumilli
    09-24 11:48 AM
    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.

    How did you come up with dividing by 5 that is like 20% per country. isn't the cap 7% per country?



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  • chanduv23
    03-26 12:35 PM
    I had a reqruiter discussing a great job opportunity and finally when it came to the status thing, it was my mistake, i said "I have EAD". She said "That's fine" and never got back to me, she said she will be in touch via email but never did that.

    So this is a pattern now.

    Reqruiters and HR know they can say "Sorry we do not sponser visas" so they say it without any issue but not EAD.

    I am just baffled as to why are some people so fussy about EAD. Isn't EAD holders a piece of cake for the company? People with skills and eligible to work for any employer????

    I am sure the hiring managers would love to bring good people on board. But unfortunately, these reqruiters and HR are creating the mess.

    Looks like for reqruiters, they think they can just apply the filter to lessen their burden on collecting resumes.





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  • coolpal
    04-24 02:17 PM
    I am in the US for 7 years now, and frankly, I am yet to see a H1B ONLY job posting...
    Hmm... me thinks, I was hibernating in the h1b golden years :(

    pal :)



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  • chanduv23
    03-26 03:34 PM
    A new technique reqruiters are using is
    "Hey, I am OK with EAD, it is just this particular client of mine who is not and I tried to educate this client but they do not listen. I tried placing another guy on EAD at this client but they rejected because of EAD and I placed so many people on EAD in other clients. So I hear you. Good luck with other jobs."

    I still think it is some notorous reqruiters who apply the EAD filter. They do not want to deal with a lot of resumes and they want to apply that filter.





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  • pop
    01-20 11:28 PM
    Not necessary. But, not everyone entered with the visa. We are talking about the entry with the AP and H-1B approval has not expired yet. You have been answered.



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  • punjabi
    11-04 11:24 PM
    Perhaps another item may be added to the poll:

    "I have sent the four letters to the respective addresses."

    ..otherwise it still remains in future tense.





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  • desibob
    05-17 09:33 PM
    Whether USCIS can find out or not depends on their IT systems.

    I am 80% sure that you need to be present in US when you are applying for 485. Better safe than sorry. What you can do is - prepare all the documents and file it as soon as step in to this country.



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  • factoryman
    06-18 06:23 PM
    Biographic Information. Please read the form and the instructions in the www.uscis.gov (http://www.uscis.gov)web site. Good night.

    Why do we need 325A?- i thought this was for people in illegal status. Our son entered the US on valid H4 visa. Also do we need to request in application to attach the file to mother or anything like that. I will give the USCIS a call and share that information here if I find anything more.

    thanks
    krishna





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  • apb
    10-02 02:45 PM
    Awaiting interview call when the dates are current.



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  • maddila
    09-10 07:53 AM
    Finally after 10 yrs and two labor and lots of H1 drama got greened last night.

    PD: March 16th.

    Openend a SR , sent a letter to Senator dunno which one worked. But glad it did.





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  • jthomas
    05-10 11:36 PM
    hunter,

    I am not one of the IT guys. and you have no rights to talk about any countries culture you are unaware of. Secondly, if you want H1B guys to go away,
    Heres a deal for you,
    1. Get a letter from Senators and Lawmakers, that those H1B guys who have contributed to the economy by filling patents and doing reseach should get out of the country. I will be the one to get out first.
    2. Lean this, business are been done to make profits. Employers in this country think about themselves not about you. Check John Hanity show and they will teach you the fundamentals. If employers don't earn any profits they won't do a business.

    you are not going to gain anything by expressing your thoughts here. Go and get drunk.

    I am not at all interested in being in US. US is not the best in technology anymore. Europe is doing much better.

    You have great thoughts, Talk to the senators and tell them to give our Social secutity, and other benifits we paid for and see how we move out of this country.

    Please, don't reply to any of the Hunters thread. ITs not worth it. Let this mad guy keep on posting.

    Are you sure you are not confusing with Indian epics that discuss how Lord Brahma had sex with his own daughter? :D :D

    Unfortunately, you are showing your culture here with responses like this by clearly proving that you are incapable of provding a proper response. You are not making any case here, actually you are undermining it. This clearly shows the contempt that you have for the people of the country where you are desparately trying to immigrate to.

    If things were so rosy in India compared to US, you wouldn't be posting in this forum, will you?

    As a matter of fact, people like you, irrespective of the qualifications, should never be allowed to immigrate to anywhere. You should remain in India or should I say "arsha-bharatha"?





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  • makemygc
    01-24 10:30 PM
    Patience :). Air India, Jet and Kingfisher have plenty of long range airliners on order with Boeing (http://active.boeing.com/commercial/orders/index.cfm?content=timeperiodselection.cfm&pageid=m15523) and Airbus (http://www.airbus.com/en/corporate/orders_and_deliveries/).

    Air India flying direct to India starting from feb 08, at least that's what I was told when I went through that horryifing experience in UK (see my post above)





    mamit
    02-10 09:27 AM
    This is what I did -

    1. Had my lawyer followup with consulate -they respond quickly to that.
    2. Letter from congressman - congressman called consulate and i got a written reply from congressman on status in less than a week
    3. Email followup with consulate
    4. Calls to DOS - have to be on hold for a bit though..

    Interview - Jan 3; 221g (pink) Phd in bio; additional info submitted - Jan 7th; consulate sent info to DOS - Jan 14th; DOS clearance - Jan 31st. Visa issued - Feb 6th...

    Bpositive, thanks very much for the verification. At first, I thought my friend was just scaring me by suggesting the senator/congressman route, but seeing your case now I feel foolish as I should've been doing this in early January. I will check my status tomorrow (monday) with the Delhi consulate once more, and then, if need be (fingers crossed), will talk to my boss in Houston about your suggestions regarding congressman's letter. By the way, what if I call DOS tomorrow and they say the I've been cleared, would it still make sense to have congressman approach them? Too many questions, I know, but I guess you know this feeling. Thanks again.





    BharatPremi
    09-27 12:47 AM
    Its not that I think I am smarter or have any additional insight...but I take things at face value. Of course the total number of pending cases in the chart and in the PDF should match - they both are exactly what they say they are "PENDING EMPLOYMENT BASED I-485 cases" If that's what the report title says, that's exactly what it means. No point in over-analyzing if this is just for pre-adjudicated or only primary applications etc....

    I say stupid questions because people still ask "Does the PDF report contain numbers for dependents or only for primary applicants" - so you are telling me that this is not clear from the PDF report??

    I and many others do not see the definition of "Pending" what is in our minds matching the definition of "Pending" by USCIS. We believe that it is not yet concluded. Even USCIS itself is not clear. In trend chart under "All other pending" its total figure for national level is 279031 till July 2009. Where as in the Excel worksheet it is 233816 till July 2009( Worksheet is produced for the time period till the December 2009 but for July to Dec 2009 all visa categories have zero value thus data is till July 2009)

    So I would request you to keep patience till we get "authentic" feedback from somebody. Many people are working on this in background. If you want to see the signs they are there in many other threads including recently declared FOIA and USCIS data comparison thread published by Pappu.

    We can't be just "innocently simple minded" when USCIS itself publishes different data sets at different links and start believing the only data of a particular worksheet is correct just because USCIS declared it. If you try to compare both of these trend chart and excel worksheet with the April operating performance report declared by USCIS (needhelp! has posted it on this thread) then you get into more confusion and start seeing clear discrepency.

    So choice is yours , patiently watching the input of others on this thread and start contributing in analysis OR keep on doing what you are doing unnecessarily.



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