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Monday, July 4, 2011

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  • man-woman-and-gc
    09-16 02:01 AM
    I have started by calling the Democrats..will go thru the list Republicans next.





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  • veni001
    04-05 07:01 AM
    Those cases are void at least per DOS. If you look at last month (or prev 6 months) demand data from DOS .
    Demand Prior to Jan1st 2006 for EB2 I/C = 0

    Demand data reflects the latest and accurate. (at least this is the document DOS relies on to set the priority date in VB)

    Nothing is void, unless the application(i485) is denied. If we compare Oct 2010 inventory with Jan 2011 inventory we see changes in monthly pending cases before 01/01/2006.

    DOS look for approvable cases in a particular month, as opposed to USCIS look at overall pending cases.:)

    The bottom line is how one is interpreting the data/information available? We really don't know how DOS is interpreting USCIS pending inventory when publishing their demand data.





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  • saimrathi
    07-11 01:46 PM
    I agree...

    No disrespect to Al-Jazeera. But putting our story on that channel is not a good idea. People view anything on it with lot of suspicion, and Fox news interprets everybody Al-Jazeera sympathizes with as you know what.
    Don't come after me for saying this, its not my opinion. But general opinion that I have observed from people who are not well informed(read majority of people). Lets focus on the main stream media in US, outside coverage is not that significant anyway.





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  • sayantan76
    11-18 04:48 PM
    did you emailed to ombudsman also? any replies from him?
    While a lot of people sending generic letters on this issue would certainly bring the underlying issue to the discussion table - the lack of "locus standi" would prevent ombudsman or even USCIS from acting.

    Let me explain what I mean by the above statement - every case is different and is adjudicated according to the merits of that specific case alone based on applicable laws and procedures. So, investigation and even future policy direction can be only be based on specific instances of the entire case files and detailed specific reasons of how these cases were wrongly adjudicated.

    So, the service centers and even the ombudsman is right in saying - we cant help till we have actual case #s



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  • waiting4gc02
    05-17 08:17 AM
    Guys:
    Here is my scenario :

    We have a 3 year extension( H1-B for myself) and (H4 for my wife) based on an approved I-140 valid till Feb'2010.

    I am going to apply for I-485(both) next month and EAD for my wife.

    My questions are :

    A) Do I need to apply for EAD for myself ? If yes, what are the benefits ? Does it help to have an EAD, if I decide to change jobs using AC21 after 180 days of filing I-485 ? Or any other benefit ?

    B) Do I need to apply for AP for both me and my wife ? Can't we travel and then get Visa stamped for 3 years (till 2010) based on the I-797 that I have ?
    Do we have to use AP only if we want to travel, once we have filed I-485 ?

    Thanks for your time.





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  • Honda
    09-24 10:47 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.


    Excellent Analysis.



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  • santb1975
    01-08 01:27 AM
    I am in India right now but I will handwrite the letters and post them when I get back. I will post this on the So.Cal group as well. Let's do this





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  • H1B-GC
    08-14 11:57 PM
    Got my approval today. Neither very happy nor sad.

    congrats!!



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  • mallu
    10-13 01:27 AM
    FBI laments it doesn't have resources to quickly conduct the namecheck process . What congress is doing in the post-911 world ? Shame on them.





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  • grupak
    03-24 05:25 PM
    Refer http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm

    This HR person handed it to you on a silver platter. You have email documentation that clearly goes against what DHS and DOJ is saying.



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  • kamdard
    01-03 05:09 AM
    I also had my visa interview on 27-DEC-2007 @Mumbai (h1-b/h-4 renewal) and was told that I will receive an email in 2 business days, subsequent to which I will have to go to VSF office for getting my visa stamped.

    Its been 6 business days and am yet to receive an email..I contacted VSF in Mumbai and they told me that all the H1-B applicants are in the same boat and they could not predict any time line...Planning to call the US-consulate tomorrow to see if they can provide some timeline..I already have rescheduled my return flight to US...If things continue this bad, am planning to use my AP to travel back to the US.

    Regards,
    DK.





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  • gcForV
    07-11 02:09 PM
    What I think is
    (1) Employee is covered.
    (2) Family may not be covered
    (3) Medical Exams, preparing supporting document(Birth certificate,shipping) charges not covered



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  • sundarpn
    01-24 11:31 PM
    I am thinking that we should do something like have IV attorneys look into this PIMS delas and we should may be do another letter campain? (strictly speaking, I know this cannot become an agenda item for IV).

    If this trend with PIMS continues (which is what it looks like), sooner or later it may affect a lot of people on H1b month after month who are going for visa stamping. With priority dates retrogressed badly this will become another pain point.

    Who in IV do we have to run this by?

    thx





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  • vinabath
    07-10 12:51 PM
    Well, Me being a devils advocate I will agree with you. Because I recently saw Gandhi movie. Gandhi took 50+ years being the citizen of the country. Some people think that is very slow. Some think thats the most effective strategy. So from your perspective its waste of money and time as there are no quick returns.

    Vinabath i do NOT expect the nation to put Legal Immigration before the IRAQ WAR. Ofcourse I do not expect that. What I am trying to point out is that this is going to be a LONG LONG ongoing issue and if not the war, there will be OTHER issues like the presedential elections etc.

    On another note, the US is a capitalistic economy. If you are not selfish, ur a nice guy and nice guys finish LAST.



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  • mhathi
    01-10 11:43 AM
    It is not popular to say so but I have this doubt too.
    Currently at least there is no requirement to notify and you only need to prove you still have a similar job OFFER (not necessarily working) if and when there is an RFE.

    Only good thing happened to us in last decade, as far as I can remember, is AC21 and concurrent filing.

    All these immigration laws are designed to keep us indebted/bonded to the employer. They might see this as a liberating provision and try to chain us back. This may or may not happen, but just my paranoid reaction,.

    Hope AC21 don't go away like labor substitution has. :(

    That is naive... AC21 is not an administrative decision of USCIS... It is a law... AC21 = American Competitiveness in the 21st Century act!! It was passed by congress and the only body that can revoke it is congress.

    USCIS cannot revoke AC21.. only congress can. Please dont be paranoid. The most USCIS can do is refuse to change their current stance on same/similar job.

    Gurus, correct me if I am wrong.





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  • ocpmachine
    04-05 04:01 PM
    Is that mean they are going to move the PDs much further and again move back during the end of the year!!

    So isn't this implying that the PDs will advance very very further than the available visa numbers!!!!!!!!!!


    .

    The way i read that statement is that DOS is being cautious and don't want to move the dates way ahead at one go, dates will move by some degree in May and then bulletin will have projected dates for future months, this way if DOS sees demand from porting in Sept, it may not move EB2 dates at all...My 2C.



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  • Bpositive
    02-09 11:23 AM
    This is my first H1-B visa. I was in USA on an F-1 before that. To be honest, I was thinking that it'd take about 7-8 weeks for this matter to solve as I was also told numerous times when I talked over the phone with Delhi consulate people. Saw this forum yesterday, and had no idea that the system in US would be this ridiculous. And no they didn't tell me it was TAL, they only said "administrative processing" and gave me a pink slip. I did call the National Visa Center in USA yesterday, but my prepaid phone died before I could get any relevant information. Will call them again soon and will post here about it. So during this whole time, I was only calling Delhi consulate and checking status online at Delhi consulate's website. Now when I read all these posts about delays here, I am a little afraid now. One my friend in US told me to talk to my boss (in US) and have him call local senator/congressman write a letter to DOS. Has anyone ever heard of such thing or done anything like this? Is is a good idea?


    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...





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  • grupak
    03-24 02:29 PM
    First of all, they cannot ask you for you work authorization during the interview process. Second, even during hiring time, they can only ask you if you need sponsorship for H1 or not. If at this point you say no, then they have no business asking you for what kind of work authorization you have (unless the job specifically asks for US citizen or security clearence).


    That's true actually. They have no business asking you about details of what your work authorization status is. All they need to know is that you are legally allowed to work. Doesn't matter EAD, GC or US citizenship. Sponsoring for H1B might come up during the hiring stage but that doesn't apply here.

    Hypothetically in an interview, if directly asked, and if I am planning on using EAD, I would simply tell them that I have authorization from the DHS to work for any employer, and leave it at that. If they persist, I will tell them that I have the required documents for I-9. No need for more details unless some kind of security clearance is required.





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  • abuddyz
    01-29 03:45 PM
    Hi, Both my wife's and my approval notices state a WAC number. And I am stuck in PIMS for past 27 days now!!!!!!!!:mad:


    thanks for posting your details..can you please let us know when was your H1 approved?





    abhijitp
    01-11 12:48 AM
    anyone?

    Can it be done on this thread, or (probably better) do we need a new thread?





    krish2006
    04-04 07:52 PM
    What about the 1,194 EB2I cases pending with PD upto 12/31/2005?

    Those cases are void at least per DOS. If you look at last month (or prev 6 months) demand data from DOS .
    Demand Prior to Jan1st 2006 for EB2 I/C = 0

    Demand data reflects the latest and accurate. (at least this is the document DOS relies on to set the priority date in VB)



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