Friday, June 17, 2011

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  • Pankaj
    08-18 04:59 PM
    If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.

    My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.

    If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.




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  • indio0617
    10-23 11:38 AM
    Significance of Priority date???
    PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
    After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasable) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
    Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.

    I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.

    All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.




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  • WaitingYaar
    10-02 08:17 AM
    This is how PD and RD work.
    ASSUME ALL ARE EB3

    Mr. A PD JULY 2004 RD MARCH 2005(1)
    Mr B PD FEB 2004 RD DECEMBER 2005 (2)
    MR C PD JAN 2003 RD JANAURY 2006 (3)

    USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
    IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
    If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
    If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
    If visa bulletin date is August 2004 "Mr A would get GC first"

    In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.


    What about if PD is current, and your RD is outside their normal processing time. If you do not see any LUD change, what does this mean?




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  • chanduv23
    01-21 05:56 PM
    Concerning is most students do not know or care of these issues. All they want is to graduate find a job. Jobs are plenty thanks to 'Desi Consultants'.

    The worst part many working pros who know of these issues hardly make an effort to work on a solution.

    Either stay mum or fight for..IV members are the latter

    True

    All they care is catch a Desi Consultant and fake the resume So sad !!!!

    This has become a trend now. Desi consultants prey on these fresh grads.



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  • wandmaker
    06-10 01:36 AM
    you better consult a very good attorney rather than asking for someone give you expert opinion.:eek:




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  • yabadaba
    07-13 11:15 AM
    it will look like the WaMu ad. buncha ppl in suits behind a baricade.

    http://www.randomculture.com/random_culture/images/trappedbanker.jpg

    wear white shits and jeans..standard protest outfit

    dont get carried away...follow the organizers...admin delete this thread.



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  • Kitiara
    06-14 08:01 AM
    Well, poll is over, and Soul wins with 29 votes. :)

    Normally this calls for some kind of congratulations, but in the light of how truly awful that site is, I'm not sure.... :)

    You're a very bad man. :) :beam:

    Well done all. :)




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  • logiclife
    08-01 01:57 PM
    Here is my prediction.
    With July Fiasco INS has learnt their lessons.
    They have potential to process and approve 40K cases in one month.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
    I think they might even issue again 40K cases in october ?
    Why not ?
    So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
    So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
    I would say dont be surprised if it takes just one month to approve ?????

    Finger-printing and namecheck are not connected. Namecheck is triggered as soon as receipt is generated. Fingerprinting is separete. The two are not going to affect each other. The only thing is fingerprinting results are out in about a minute or two, namecheck can take anywhere from 2 minutes to 20 years.

    you can expect faster processing times for those categories who tend to be current for most bulletins. Which is EB1 and ROW EB2. Everyone else who is current every once in blue moon is not going to get processed quickly.

    The only guarantee is that they wont waste the visa numbers this year or next year, coz they did that last year and wasted 10,000 visa numbers and got unpleasant treatment for that.



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  • hebron
    08-16 02:50 PM
    Hi Hebron,
    I will get my money if i complain to DOL. But, do i have to stop working at the same client now. Will there be any problem if i continue working with the same client.
    Thanks,
    Srikanth

    You have a valid H1 with the new employer (client), so there should be nothing wrong working with the client.

    Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).

    You may also want to check with your attorney.




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  • chris
    02-08 11:05 PM
    Did you contacted congressman or opened any SR's ?

    I'm also in the same boat. Cases after me are getting approved.:)



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  • felix31
    04-18 11:26 AM
    vicks don,

    did you file with vermont before April 1st?

    my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.

    I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
    hope this helps..

    Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
    The web site says they are processing Jan 06 cases, but somehow that does not look real..




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  • pkv
    01-07 06:13 PM
    Thanks Sanjay02.

    Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
    If I use new one(which is valid), isn't it in contra with AOS application?

    Has anyone faced this situation ?



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  • immidude
    07-13 10:36 AM
    ppl respond i think it is very important




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  • ravi.shah
    01-06 01:33 PM
    As always, lets hope that some or the other bill materializes and provides much needed relief to those waiting in line :)



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  • waitin_toolong
    07-29 05:04 AM
    how is the baby supposed to sponsor the parents ??




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  • RollingStone12
    04-23 06:05 PM
    Friends,
    I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.

    Thanks,
    nmdial

    Welcome TX Chappter...



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  • idreamofgc
    10-07 12:55 PM
    Why not Fragomen clients ? DOL said that they didn't have different audit queues for random or targeted audits. My case will pass 15 months and I was thinking of asking Fragomen clients to query DOL.

    I know this is not going to help that much..but hey..what do we have to loose now:D




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  • eb3retro
    03-15 01:15 PM
    Filing 485 during visa unavailability, should not be the concern in this bill. Why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category. Specter removed very important provision that eliminate per country limit in EB visas for oversubscribed countries. This is a big blow to India, China. It will stop all the benefits from this bill.

    If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.

    If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill


    this person is bringing some valid points to ponder. People please go through her posting and i agree with her regarding the numbers is still 10% only for india. we need to fight for removing the per country limit, or else, we may probably be in this retrogression mess for quite sometime.




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  • ArunAntonio
    08-31 12:33 AM
    And I can get your country registered.
    The registration comes with
    - A free template to help you draft a constition
    - Free template designs for the flag of the nation
    - A dummies guide on how to make your country the most powerful nation.
    - A dummies guide on fool proof immigration laws to your country
    - A free guide on the mistakes of the empires of the past.

    To avail the above you will have to send a cashiers cheque in $$ (Your countries currency is not accepted .. yet)

    -- All monies from this transaction will go towards sponsoring IV members for the Rally.
    -- Vote here --> http://immigrationvoice.org/forum/showthread.php?t=12441




    logiclife
    12-04 11:59 AM
    I'm with you, why is everyone so afraid?
    God knows there would be enough people for a class action lawsuit against DOL.

    My congressman called DOL and they said my case had been withdrawn: but it had been withdrawn b/c of THEIR errors, TWICE!
    Both times it was reinstated and proved to be their error, and they are still using it as an excuse for not processing it yet.
    And I thought "developed" countries worked differently than "developing" countries.

    If IV has enough people interested I would certainly be interested to participate in a CA suit against DOL. I am losing hope that diplomacy will bring any results for us to be helpful.
    USCIS only works faster when there have been mandamus suits filed against them, unfortunately no one seems to have done anything with DOL. Maybe it's time

    For the lawsuit.

    This isnt the first time people have thought that lawsuit against DOL is a good idea.

    That is not true. Nothing will be gained from the lawsuit. There have been lawsuits against DOL before for exactly the ineffciency and slowness. Those lawsuits have failed. They will fail again. Being inefficient is not against the law. See the IV document on DOL- backlogs here :

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50

    Also, read about the lawsuit Liberty Fund v. Chao and judge's opinion on that lawsuit.

    And BTW, earlier this year, there were few people on immigration portal collecting money for lawsuit against DOL. I dont know how far it went.




    sangeethak31
    07-15 12:36 PM
    Here is the link

    H1B and L1 Visas - U.S. Consulate General Mumbai, India (http://mumbai.usconsulate.gov/h1b_and_l1_visas.html)

    Thanks,
    Sangeetha K



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