Wednesday, June 15, 2011

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  • arnet
    11-16 12:28 AM
    you can use any of the consulates in india.

    but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.

    disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.

    I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..




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  • BECsufferer
    09-03 10:55 AM
    Congrats to 12/2004 PD holders.

    Unfortunatly for me and my wife, it appears we will be missing this window of opportunity. Just happened to have filed an AP for her. F&$k USCIS:mad:

    Hardly an hour passed by when I got email from CRIS saying " welcome ..." reminding me of Eagles song "welcome to hotel california ...", this was the very song, I heard for first time while waiting for TOFEL exam in summer of 1999 in Delhi. Oh... such a wonderful place.

    Guys ... kismet changes!




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  • bigboy007
    06-08 02:14 AM
    true , but not sure how much hez gonna bend , he stillseems upbeat ?




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  • gc007
    01-07 10:38 PM
    I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.

    These are just my thoughts. And I am not a layer.

    Have a great trip


    Thank you very much .



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  • Dalai Lama
    02-23 02:07 PM
    What kind of RFE? what they can ask.




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  • Ramba
    05-01 11:21 AM
    If you are 100% sure that your old 140 was not revoked by your previous employer, it can be useful in 2 ways. Contact your old employer to verify that still they have job for you as per the 140. If so, file new 485 with that 140 as it has very old PD. As you might have missed the finger printing in 2002, your previous 485 might have been denied. But 140 is still vaild for indefinite period.

    If your old employer is not offering a job to file new 485, start new GC process with your new employer and port your priority date from your old approved 140.



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  • gc4me
    07-05 09:02 PM
    Please let me know if anyone/your friend has port PD using receipt#. Logically it should be possible, as USCIS should pull everything from DB using receipt#. The question is has anyone successfully done this?




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  • maag
    09-27 10:56 AM
    I had filled A # from I-140 in my 485 application form, but my 485 receipts shows different A #, both my I-140 and different number from 485 receipt starts with 088, I am primary applicant and my spouse's A # are different too and her numbers also starts with 088.



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  • looneytunezez
    04-08 04:17 PM
    Employment-based: At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category will remain “Current” for all countries. It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high. Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:

    Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)

    China: none to three weeks expected through July. No August or September estimate is possible at this time.

    India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.

    Employment Third:

    Worldwide: three to six weeks
    China: one to three weeks
    India: none to two weeks
    Mexico: although continued forward movement is expected, no specific projections are possible at this time.
    Philippines: three to six weeks

    Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.

    Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)

    INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.

    The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
    As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.




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  • eb3retro
    06-06 07:37 PM
    Or you are going to be more scared and let these suckers suck you out more? The reason I am skeptical is, time to time we IVians receive these kind of posts all of a sudden and they vanish all of a sudden too. People like american desi give you all a fantastic response and my frustration is not knowing if you guys follow it. This is america for godsake and there are laws protecting the employee from these so called bodyshoppers who almost dont exist anymore. Partly the reason is because these suckers played so much of illegal things in the past, such as writing ridiculous contracts and preying on people like you. I even wonder how come people sign these contracts even in these days. Please take up american desi's advice and stand up for yourself and show your vendor that you are not scared of these things. and last but not the least, for your sake and for other people who may fall for this trap to this vendor, please do report them to department of labor.

    Bottom line - pls dont come here for a quick response. We treat questions posted by others seriously and give meaningful and sincere reply. And on your end, please do what needs to be done.

    Hi

    I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.

    But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.

    They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.

    Do i stand any chance if i contact DOL or a lawyer not payin' them.

    Any suggestions or help would be greatly appreciated.

    The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.

    Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.

    Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.



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  • umndude
    06-17 03:19 PM
    Let's say there is a problem. What can you do to fix it? You want to start GC fresh?
    Relax... I have seen many people who bought PDs from consultants paying 10k and got GCs too. Don't worry. If you post these kind of threads, it make people waiting for years more frustrating. Be happy for your luck. Go chill. Don't keep saying you are afraid and all.




    I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.

    So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.

    Thanks.




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  • srarao
    07-21 09:20 PM
    Hi all,
    In this forums only I saw some guys getting RFE's that is why I opened in this thread.



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  • waitingnwaiting
    02-11 11:42 AM
    What are IVs recommendations ??

    It is a Donor only information.




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  • rc0878
    09-23 09:58 AM
    what does the priority date column on the recipt notice say?

    Does it show the actual priority date or is it blank or something else?



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  • pointlesswait
    04-10 04:10 PM
    who cares what Lou dobbs says???
    he has been yelping for ages... its all abt rating and ranting;-):cool:




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  • desi3933
    06-25 11:44 AM
    I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

    I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.

    1. Apply I485 as future employment (GC Job Offer from Employer A)
    2. Same as #1
    3. No, as long as you have job offer for open future GC job
    4. Yes. AC-21 can be invoked.
    5. Same as #1 seems to be better option

    Not a legal advice
    -----------------------
    desi3933 at gmail.com



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  • benbear
    11-09 09:07 AM
    It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.

    So,from , EB receipt in Sept vs. receipt in Oct = 2:1

    150k in Sept. include both EB(100K) and FB (50K).
    (Note: assume received FB every month 50K. 50K is a reasonable assumption,
    otherwise it's no way for USCIS to approve 800K AOS a year.)

    Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.

    Out of the 655k total, the key is lead time for FB approval, how many month?
    This is the key! If we assume average FB approval takes 6 month,
    then EB out of the 655k is 655K-50Kx6=355K.

    Add the 50K EB in Oct. Total EB backlog is 405K.

    Still the key is average FB approval time, any gurus has any idea.
    I am sure the time is not 12 month. If it's 12 month,
    then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!

    That same link you gave tells us that 655k is pending/back-log for AOS....




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  • anindya1234
    06-01 03:27 PM
    By the way..my petition was not endorsed by IV when I first floated it...so it should not be treated as an official action/petition by/from IV




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  • ronhira
    07-11 02:16 PM
    My EAD and AP application was received June 19, 2009 at TSC. To my pleasant shocking & surprise USCIS approved mine and wife's application in 20 days and we received the card today.

    We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).

    Thanks
    Senthil.

    that was a mistake :p ..... they meant to take 200 days..... but the guy who was doing data entry typed 20 instead of 200. So your EAD/AP got processed in 20 days..... in the end uscis did something right by mistake ...... we all just have to hope that uscis will continue to do these mistakes ..... without which no application can get processed in a timely manner.




    rani77
    08-30 10:53 AM
    Isnt recording conversations without the consent illegal? :confused:

    This may be correct but , if you sent the tape of employer abusing /cursing its own employees to DOL along with other allegations , they might well pay special attention and scrutinize him or his company thoroghly.




    ArunAntonio
    02-20 06:13 PM
    guys, why even bother waste your time on this. Please help IV gear up a movement to end retrogression. Please donate, make other IV aware...and send in ur stories......How do u think number crunching will help us....apart from making us feel worse.

    Jonty,
    I disagree, Number crunching if it can give the members an idea of how long it will take to get the GC will motivate them beyond any thing else. If ppl can see the unreasonable amount of time we have to wait before any thing can happen will make force them to take some action. So if any one can make sense of the numbers and if it is reliable please post it for the benifit of others.



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