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  • suavesandeep
    08-20 11:51 AM
    My order so far is follows

    Aug 12 8AM - Email -> Notice mailed welcoming the new permanent resident.
    Aug 12 9PM - Email -> Card production ordered.
    Aug 15 - Email -> Approval notice sent (for ME)
    Aug 18 - Email -> Approval notice sent for Spouse
    Aug 18 - Received I-797C Approval Notice for both me and spouse by USPS. In fact i received 3 original copies of the same approval for me and only 1 for my spouse.

    Still waiting for the actual cards to come.




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  • Legal
    07-27 11:39 AM
    Its unfortunate that you ask us to UNITE and use 'EB2 elitist protectionism' in the same breath. I am not even going down the road of EB3 'smarter' than EB2 because a reverse argument is equally valid if not more. The law as stated above is what it is - there is a clear categorizaton established by law. If there is a level of frustration with it then a campaign to change it makes sense. However any proposed changes that arbitrarily assigns visa numbers just because 'my HR filed it the way it got filed' then you need to check with your HR and port over to EB2 - if you think your private US degree qualifies you for it. The position determines EB2 or EB3 and I'll leave it at that.

    I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
    I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.


    and accurate.




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  • pappu
    05-23 11:32 AM
    Logiclife,

    Is there any reason to send emails to 2 + 10 senators only? If recommended I can send to all senators later today or tomorrow.

    Also i will reformat the template in Word and fax it to 12 senators.
    Those are important in the priority. We want to encourage everyone to send to all senators.




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  • eastindia
    09-23 12:36 PM
    A lawyer posted this on his website

    Visa Bulletin Predictions and Updates from Charles Oppenheim
    September 23rd, 2010 | Category: Articles, News

    Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.

    We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.

    General Visa Number Trends

    Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.

    With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications

    Visa Bulletin Predictions � Employment-Based

    Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months� visa numbers, the rate of cutoff date movement may change.

    EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.

    EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months � by one or two weeks at a time for the next few visa bulletins.

    EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins � perhaps by one or two weeks at a time.

    EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.

    Visa Bulletin Predictions � Family-Based

    Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.

    FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.

    FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.

    Conclusion

    Mr. Oppenheim�s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.



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  • sanju
    10-09 01:39 PM
    I gave more points to PD month than experience month.
    If you think its more complexes then I will go with PD only.
    New PD means either you are new in US or you dint applied or you got laid off. What ever is the reason of new PD, you or your luck are involved so only you should be responsible. My previous PD was Jul, 2003 with EB2 but INC canceled my company�s LC in group because my company didn�t apply from co-operate office and there was no one in office during INC raid. Later my company applied LC from co-operate office and I got new PD. Even though It would be unfair to talk about experience because some how my or me are involved here.

    So let�s keep only PD as only preference.

    ok then, PD it is, going 1, 2 3..... done!

    From now on, the via numbers will be allocated based on priority dates because 'Few good men' said it on this thread.




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  • ksurjan
    08-11 10:07 AM
    Applied for myself and wife on 6/30. No update yet. I hope I get it before the current EAD expires on 9/9.



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  • Prashant
    07-03 12:03 PM
    SWEETHEART ROSES .. I need to do it in secrecy then .. close my doors and keep my wife out .. :D




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  • BharatPremi
    03-27 03:27 PM
    Unless congress change law you are dreaming.. :D:D:D:D

    If my dreams can bring smile to somebody in our furstrated community even for a moment, it is worth to dream..:). kidding aside, I strongly believe this pattern nearly followed by USCIS.. with yes ofcourse a margin.. Yeah, I can't predict that margin..:)



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  • prom2
    08-02 10:21 AM
    /\/\/\/\
    Bump

    Just checking if anyone in this thread got his/her check encashed this morning.

    I saw a user in other thread. Received at NSC on Jun 25th, transfered to TSC, got checks cleared today...




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  • Ramba
    07-09 02:57 PM
    Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.

    BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.


    __________________
    Not a legal advice.

    In this enforcement climate, self-employment is risky too. The memo is not a binding rule. Having said that, even if any one chose to self employment, they must have very proper documents including long-term contract agreement with few clients, that explanis the service you provide shold be in-line with orginal I-140 job duties. In current H1B denial rate becuse of client letters RFE, the self employed AC21 cases shold be more prepared, in case of RFE.



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  • gsc999
    07-08 02:51 PM
    I agree. I think each of us should commit to getting AT LEAST 5 more volunteers for the protest in San Jose. This could be family/friends/neighbors etc. We also need a poll to track how many will show up on the 14th.
    ---
    I just heard from our Chinese member. They are getting a huge response for this 14th July demonstration. We need more awareness about this event among our members. Please spread the word.

    The place and time is:

    Location: City Hall
    200 E Santa Clara St
    San Jose

    When: From Sat Jul 14, 2007 11:00 am to 2:30 pm




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  • skgc
    04-01 01:33 AM
    Hi All,

    I have a question about invoking AC21 using EAD vs AC21 using H1B.

    My status is as follows:
    - approved 140 from a BIG company with BIG lawyers, but company going down.
    - more than 180 days since filing 485
    - H1B valid till March 2010.
    - I have been on H1B since 2001
    - WILL BE LAID OFF THIS WEEK.

    I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.

    My question however is regards to the EAD/H1B usage after revoking AC21.

    I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.

    So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:

    1. Can I go back to H1B again after using EAD
    2. Will I be subjected to the cap?
    3. What should I do to get back to H1B?
    4. Can I do it without leaving the country?
    5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
    6. Any other advice, anyone?

    I would really appreciate if someone could help me out.

    regards,
    ssk

    ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.



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  • gxtrader
    08-27 01:16 PM
    July 30 NSC. No action but i guess too early to panic....will let the early july filers do that at the moment :)




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  • abq_gc
    08-18 01:16 PM
    I think we have a provable point as per the USCIS CSR msg "We approve all cases based on the order they are received". So basically it says Approval based on ND. Approving Oct'07 NDs and not approving (not even touching) Jul-Sep NDs makes a valid point.
    I am not sure how to put our case based on PD because to me PD serves the purpose of passport to get in and then line is formed by ND. But sure, if anyone could put some thoughts and define the situation, I think its well worth to try something different now.

    yeah.. even ND is not being followed... and why give a PD when they have to follow ND anyways ? So wait for 5 years in queue and then due to USCIS lottery system my application gets assigned a later ND... i have to suffer ??? WOW ... that's nice.... that's what's called INJUSTICE...



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  • Macaca
    07-08 09:49 PM
    only 27% of the annual quota is released Oct 1
    the first 3 quarters cannot use more than 27% each
    that is the whole issue
    on the first working day of the month/quarter, where were the remaining 19%
    that should be available by law?
    how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...
    This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.

    As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.

    Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.

    We need to concentrate on issues that support accepting July AOSs.




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  • diptam
    06-26 03:44 PM
    " Why don't you sign unless it say until and after 1 year approval. You can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose " - DSJ

    I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.

    But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year

    Sounds like there is a way out.
    Could you please post whole sentence? Thanks.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com



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  • EB3RESTOFWORLD
    09-26 02:03 PM
    WE FILED 19 JULY AND RECEIVED NOTICE SEPTEMBER 11 AND eEAD APPROVED SEPTEMBER 24 VWE FILED NCS BUT IT WAS TRANSFERED TO TEXAS




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  • santb1975
    06-28 01:47 AM
    I will post any Jobs that I come across that only ask for US citizens or GC's


    While we keep hearing the rhetoric about "H1B-only ads" by anti-immigrant groups, there is absolutely no news about thousands of "US Citizens only" or "US citizen or GC onl"y ads that we see every day.

    While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.

    Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.

    ------------------------------------------------------------------------------

    Hi:

    Greetings for the Day!

    This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.


    Rate: $42/ hr during the contract
    Job Title: Java/ J2ee Developer
    Location: Warren NJ
    Duration: 6 Months Contract with possible extension

    Client for this position is looking for Only US Citizens

    Strong J2EE, Java, Struts, Oracle resumes right away
    Plus: Spring and Hibernate


    Regards
    Ruby Roy
    Technical Recruiter
    Charter Global, Inc.
    Toll Free: (866) 570-1818 X 337
    Fax: 404-745-8755
    E-mail: Ruby@charterglobal.com
    URL: Welcome to Charter Global Inc. (http://www.charterglobal.com)

    -----------------------------------------------------




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  • rc0878
    09-27 12:37 PM
    rpulipati,
    It might not be the case. My i-140 is pending at NSC, but still the I-485 case was sent to TSC.






    I and my wife received transfer notice to TSC yesterday. This may be because of my pending I-140 at TSC.

    RD: 07/19/07
    ND: 07/21/07

    I dont know if my checks are cashed or not (My employer provided them).

    Thanks




    va_il
    05-04 08:50 AM
    I wonder how many who come here on H4 know what complexities lay ahead in the G.C processing. unfortunately it is not easy to undo their marriage and go back.
    They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
    I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
    --MC


    So USCIS should make sure they clear for 2 jobs before they issue one H1 :)




    desi3933
    06-28 10:11 PM
    Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
    Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)

    "Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."


    They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?


    As per I-9 form

    The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
    Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.


    ___________________
    Not a legal advice



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