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  • DarkChild
    02-16 03:25 AM
    @ thirdworldman: WOW!





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  • chanduv23
    03-07 08:37 AM
    Chandu,
    I filed 485 , Ead , Ap on my own... But i want to hire Rajiv/Sheela just for
    AC21 package... any idea how much do they charge ?

    Also if i use any attorney for coining just the "AC21 reply" will it change my case representation ? i mean do i have to use attorney for future communications as well ?

    Thanx

    I don't deal with Rajiv or Sheela - in fact I approached their offices during the July fiasco but was told that they are not taking any new clients.

    Others maybe able to help you with your answer.





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  • smuggymba
    09-10 12:53 PM
    My PD is March 2010 EB2 so i'm not even in this race yet but help me in understanding one thing.

    Was EB3 current in July 2007? If yes, I'm assuming atleast 95% EB3 folks have EAD and their spouse can work. The really big problem in post 2007 EB3.

    Since dates were current in July 2007, Eb2 and Eb3 can atleast enjoy EAD/spouse working benefits. Why do ppl complain when they have EAD etc whose PD is before 2007.





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  • chmur
    09-10 02:37 PM
    As of 05/10 's inventory report - there were ~200,000 GC application pending across ALL categories.

    I expect they would have reduced this backlog by 40,000 in the last 6 months . Will be verified by the next inventory report due , hopefully next month.

    If they reduce the backlog by 40,000 "NET" per year , backlog should be over in next 5 years.

    If they open the flood gates and let more applications to come in then this NET reduction is not possible.



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  • dealsnet
    03-19 11:12 AM
    The conservative approch for the dependants is 1.2 to 1.5 times the labor approvals. Not all people have a dependants.
    Husband and wife have labor approved. Like my case, my wife have labor approved, but I have file with my labor, which have older PD. Working family with husband and wife in H1B most of them have labor approved. So the actual number will be diffrent.

    From the PERM statistics,
    ROW adjustment should be 55% from the total number of pending cases
    EB3 are 30%

    If the total number of case pending with USCIS is 833,141 (all I-485 including Family based) (based on 12/31 numbers), so EB3 ROW are only 137,468. This means that with the current trend of DOS to avoid wasting GC we should expect the cut-off dates for EB3ROW to be 2006/2007.


    Even if I take your figures at face value, I see a shortage of 60000 visas. This is because we need to consider that each LC will use more than one EB visa (due to family members). If I take a conservative figure that there will be one dependent for each LC candidate, we will need 200,000 EB visas for the 100,000 LCs.





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  • lazycis
    12-21 10:03 PM
    lazycis,

    According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?

    I like your insight into immigration policies and the way you express them.

    Thanks.

    8 USC 1182(a)(9)(B) Aliens unlawfully present
    (ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

    Unlawful presence is different from out of status.
    The period for unlawful presence begins on:
    1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
    2) status violation, determined by an immigration judge, or
    3) status violation, determined by the USCIS during the course of adjudicating a benefit application.

    245(k) allows up to 180 days of "out of status".

    If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
    So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.

    However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".

    http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf



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  • saveimmigration
    01-16 09:29 PM
    GC process is like a monkey on the shoulder. You only realize when he gets off, that how much burden you were carrying all along.





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  • vavs16
    12-28 07:18 PM
    Hi guys

    If anyone here is enrolling at ONLINE program in U of South Dakota,please let me know

    I am enrolling in there soon - it is accredited :)

    Thanks a ton



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  • piyu7444
    01-31 04:57 AM
    On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.

    You should seriously consider changing status to H4, if that is an option.

    In Nov, she can re-enter on H1 visa to come back to H1 status.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    So does this mean that pending AOS has no meaning?

    How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?

    My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.

    Thanks for your help.





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  • vghc
    07-03 11:59 AM
    If you call it re-distribution of pain, I would call it sharing the pain. I think its high time ROW candidates felt the pain which we non-ROW have suffered for a long time. You are objecting just because you are on the better side and wish to continue with the better bargain. If you think about it as a EB group in general, then its absolutely ridiculous that there should be country limits for EB category GC when there is no limits on H1B which is the primary route for most EB category GC applications. I completely agree with you on the family quotient of your arguement, they should not get the GC numbers which is meant only for primary EB applicant. Not that I want families to suffer, but the family GC numbers for EB applicants should not count towards GC number cap.

    Don't be ignorant, i am still bloody waiting for mine and counting!!!! :mad:
    Problem is not country quota, its the ones with families!!! ><



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  • legal_la
    07-02 06:05 PM
    contributed 100 just now, my drop in the ocean, I will try to add more drops in coming days.





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  • kuhelica2000
    01-09 11:20 AM
    As a fellow and genuine member of the IT profession, it's our solemn duty to save our profession. I would suggest whoever is in hiring capacity, please do ask for copies of paychecks from previous employers to weed out false experiences. Also, always conduct a face to face interview even when you are hiring contractors.


    [QUOTE=sweet_jungle]How come these people do not get caught during H-1 approval process or during visa stamping at consulate or maybe later during GC process?



    As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.

    When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.

    With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.

    It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.

    There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.

    So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend



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  • boreal
    07-13 01:56 PM
    I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
    However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.

    I agree. Infact my application hasnt even been touched once (July 2, RD), no soft LUD either, even after FP .. makes me believe that there might be other applications out there too that have never been touched so far..so we cant assume that all the cases prior to July 2007 have already been pre-adjudicated, just because the processing-dates at NSC say July 2007. I think the processing dates reflect only those cases whose PD was current when the processing-dates timeframe came out. We will know more accurately when the processing-dates are updated next month. If the processing-dates, even after next month's update remain at July, 2007, then we can probably assume that our cases have already been pre-adjudicated. (still makes me wonder how that can happen without any soft LUDs at all, but anything is possible). I will keep my fingers crossed and hope for the best.





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  • theperm
    03-15 11:46 PM
    instead write long letters to USCIS like IV suggested ! thats the place to vent.



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  • rsriram
    11-02 03:57 PM
    I am on L1 & my I-94 is expiring in a month from now on 11 Dec 2007 . I have applied for my L-Extenstion and is pending for approval.

    Given this case - can my wife apply for a EAD with the current L1 approved document (expiring on 11 Dec 2007( and add my L-Extension approval papers later on?

    There seems to be a three month delay in getting the EAD - hence wanted to initiate the process earlier and not till my L-Extension papers come-in

    Please help me ASAP.

    Sriram





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  • kaella
    07-13 10:03 AM
    I think it was referenced some where else in this thread , anyways here you go

    http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf


    Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa
    number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand
    for numbers under these dates. (Priority dates of the first through seventh of a month are grouped
    under the 1st, the eighth through the fourteenth under the 8th, etc.)

    Source please... or are you just kidding ?



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  • Eternal_Hope
    12-10 01:56 PM
    Another reason for the slow movement is people getting married.. a spouse potentially accounts for yet another visa number and this adds to the unpredictability of the system. It gets even worse with non-US born kids.

    The solution to all our visa backlog issues is:
    1. Stop marrying.......
    2. Dont have children ...or atleast not in your home country

    Brilliant!





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  • go_gc_way
    01-01 10:44 PM
    bump /\/\/\/\/\





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  • StuckInTheMuck
    07-28 11:46 AM
    Is this thread going anywhere in particular (that is relevant to IV)?





    amitjoey
    02-15 02:22 PM
    Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.

    Exactly, And how many from South America? 30% of the population is going to be hispanic by 2050.





    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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