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  • vivekm1309
    08-13 01:11 AM
    looks like vldrao got his GC and took a hike ;)

    Vdlrao may be helping DOS/USCIS to finalise the Visa Bulletin for September, must have been invited by Michael Chertoff seeing his grip on the visa numbers...:p




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  • cahaba
    04-13 04:22 PM
    Any ideas guys on legal ways to tacke this situation? This is extremely urgent. Pl let know if you have any comments.




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  • boldm28
    06-17 08:27 AM
    Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.

    you got that rite buddy




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  • dontcareaboutGC
    03-19 11:24 AM
    Ignore this if this is a repost!

    U.S. House of Representatives
    Committee on the Judiciary
    Subcommittee on Immigration, Citizenship, Refugees, Border Security,
    and International Law
    Hearing on Comprehensive Immigration Reform: Government Perspectives
    on Immigration Statistics

    Testimony of Charles Oppenheim
    Chief, Immigrant Control and Reporting Division
    Visa Services Office
    U.S. Department of State

    June 6, 2007
    2:00 p.m.
    2141 Rayburn House Office Building

    Chairman Lofgren, Ranking Member King, and distinguished members of
    the Committee, it is a pleasure to be here this afternoon to answer
    your questions and provide an overview of our immigrant visa control
    and reporting program operated by the U.S. Department of State. The
    Department of State is responsible for administering the provisions of
    the Immigration and Nationality Act (INA) related to the numerical
    limitations on immigrant visa issuances. At the beginning of each
    month, the Visa Office (VO) receives a report from each consular post
    listing totals of documentarily-qualified immigrant visa applicants in
    categories subject to numerical limitation. Cases are grouped in three
    different categories: 1) foreign state chargeability, 2) preference,
    and 3) priority date.

    Foreign state chargeability for visa purposes refers to the fact that
    an immigrant is chargeable to the numerical limitation for the foreign
    state or dependent area in which the immigrant's place of birth is
    located. Exceptions are provided for a child (unmarried and under 21
    years of age) or spouse accompanying or following to join a principal
    to prevent the separation of family members, as well as for an
    applicant born in the United States or in a foreign state of which
    neither parent was a native or resident. Alternate chargeability is
    desirable when the visa cut-off date for the foreign state of a parent
    or spouse is more advantageous than that of the applicant's foreign
    state.

    As established by the Immigration and Nationality Act, preference is
    the visa category that can be assigned based on relationships to U.S.
    citizens or legal permanent residents. Family-based immigration falls
    under two basic categories: unlimited and limited. Preferences
    established by law for the limited category are:

    Family First Preference (F1): Unmarried sons and daughters of U.S.
    citizens and their minor children, if any.

    Family Second Preference (F2): Spouses, minor children, and unmarried
    sons and daughters of lawful permanent residents.

    Family Third Preference (F3): Married sons and daughters of U.S.
    citizens and their spouses and minor children.

    Family Fourth Preference (F4): Brothers and sisters of U.S. citizens
    and their spouses and minor children provided the U.S. citizen is at
    least 21 years of age.

    The Priority Date is normally the date on which the petition to accord
    the applicant immigrant status was filed, generally with U.S.
    Citizenship and Immigration Services (USCIS). VO subdivides the annual
    preference and foreign state limitations specified by the INA into
    monthly allotments. The totals of documentarily-qualified applicants
    which have been reported to VO are compared each month with the
    numbers available for the next regular allotment. The determination of
    how many numbers are available requires consideration of several
    variables, including: past number use; estimates of future number use
    and return rates; and estimates of USCIS demand based on cut-off date
    movements. Once this consideration is completed, the cutoff dates are
    established and numbers are allocated to reported applicants in order
    of their priority dates, the oldest dates first.

    If there are sufficient numbers in a particular category to satisfy
    all reported documentarily qualified demand, the category is
    considered "Current." For example: If the monthly allocation target is
    10,000, and we only have 5,000 applicants, the category can be
    "Current.� Whenever the total of documentarily-qualified applicants in
    a category exceeds the supply of numbers available for allotment for
    the particular month, the category is considered to be
    "oversubscribed" and a visa availability cut-off date is established.
    The cut-off date is the priority date of the first
    documentarily-qualified applicant who could not be accommodated for a
    visa number. For example, if the monthly target is 10,000 and we have
    25,000 applicants, then we would need to establish a cut-off date so
    that only 10,000 numbers would be allocated. In this case, the cut-off
    would be the priority date of the 10,001st applicant.

    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 14th under the
    8th, etc.) VO attempts to establish the cut-off dates for the
    following month on or about the 8th of each month. The dates are
    immediately transmitted to consular posts abroad and USCIS, and also
    published in the Visa Bulletin and online at the website
    www.travel.state.gov. Visa allotments for use during that month are
    transmitted to consular posts. USCIS requests visa allotments for
    adjustment of status cases only when all other case processing has
    been completed. I am submitting the latest Visa Bulletin for the
    record or you can click on: Visa Bulletin for June 2007.

    BACKGROUND INFORMATION ON THE SYSTEM AND CLARIFICATION OF SOME
    FREQUENTLY MISUNDERSTOOD POINTS:

    Applicants entitled to immigrant status become documentarily qualified
    at their own initiative and convenience. By no means has every
    applicant with a priority date earlier than a prevailing cut-off date
    been processed for final visa action. On the contrary, visa allotments
    are made only on the basis of the total applicants reported
    �documentarily qualified� (or, theoretically ready for interview) each
    month. Demand for visa numbers can fluctuate from one month to
    another, with the inevitable impact on cut-off dates.

    If an applicant is reported documentarily qualified but allocation of
    a visa number is not possible because of a visa availability cut-off
    date, the demand is recorded at VO and an allocation is made as soon
    as the applicable cut-off date advances beyond the applicant's
    priority date. There is no need for such applicant to be reported a
    second time.

    Visa numbers are always allotted for all documentarily-qualified
    applicants with a priority date before the relevant cut-off date, as
    long as the case had been reported to VO in time to be included in the
    monthly calculation of visa availability. Failure of visa number
    receipt by the overseas processing office could mean that the request
    was not dispatched in time to reach VO for the monthly allocation
    cycle, or that information on the request was incomplete or inaccurate
    (e.g., incorrect priority date).

    Allocations to Foreign Service posts outside the regular monthly cycle
    are possible in emergency or exceptional cases, but only at the
    request of the office processing the case. Note that, should
    retrogression of a cut-off date be announced, VO can honor
    extraordinary requests for additional numbers only if the applicant's
    priority date is earlier than the retrogressed cut-off date. Not all
    numbers allocated are actually used for visa issuance; some are
    returned to VO and are reincorporated into the pool of numbers
    available for later allocation during the fiscal year. The rate of
    return of unused numbers may fluctuate from month to month, just as
    demand may fluctuate. Lower returns mean fewer numbers available for
    subsequent reallocation. Fluctuations can cause cut-off date movement
    to slow, stop, or even retrogress. Retrogression is particularly
    possible near the end of the fiscal year as visa issuance approaches
    the annual limitations.

    Per-country limit: The annual per-country limitation of 7 percent is a
    cap, which visa issuances to any single country may not exceed.
    Applicants compete for visas primarily on a worldwide basis. The
    country limitation serves to avoid monopolization of virtually all the
    annual limitation by applicants from only a few countries. This
    limitation is not a quota to which any particular country is entitled,
    however. A portion of the numbers provided to the Family Second
    preference category is exempt from this per-country cap. The American
    Competitiveness in the Twenty-First Century Act (AC21) removed the
    per-country limit in any calendar quarter in which overall applicant
    demand for Employment-based visa numbers is less than the total of
    such numbers available.

    Applicability of Section 202(e): When visa demand by
    documentarily-qualified applicants from a particular country exceeds
    the amount of numbers available under the annual numerical limitation,
    that country is considered to be oversubscribed. Oversubscription may
    require the establishment of a cut-off date which is earlier than that
    which applies to a particular visa category on a worldwide basis. The
    prorating of numbers for an oversubscribed country follows the same
    percentages specified for the division of the worldwide annual
    limitation among the preferences. (Note that visa availability cut-off
    dates for oversubscribed areas may not be later than worldwide cut-off
    dates, if any, for the respective preferences.)

    The committee submitted several questions that fell outside of VO�s
    area of work, therefore, I have provided in my written testimony today
    the answers only to those questions that the Department of State can
    answer. Thank you for this opportunity.



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  • gveerab
    02-23 01:18 AM
    Hey Guys,
    I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"

    One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.

    I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.

    Thanks,
    Veera




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  • reno_john
    06-22 11:42 AM
    Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present


    U may get a RFE for TB skin test and skin test does not take more than 2 days.



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  • shutterbabe
    11-19 09:41 AM
    Thanx everyone for the helpful advice. I will schedule an infopass appointment. Can can I see an I/O at a location that doesn't service my area?




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  • chi_shark
    03-30 09:34 AM
    yawn!

    Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
    When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
    We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
    Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
    So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
    So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.

    sorry for the poor grammar its really late here. thanks for your health.



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  • kpchal2
    03-03 11:06 AM
    thanks for the response. can you please post the result of the transfer

    also any one in the forum who had experience with the ac21 transfer +ve or negative can you please advise about your experiences. it is really a stressful situation with every thing being this way.




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  • diptam
    01-16 01:13 AM
    Bhanu and others,

    Its written in G-639 that for getting a Original Copy of any "Approved Petition" use form I-824.... So for getting 140 copy ( which is a Immigrant visa Petition) we should I-824 .

    http://www.uscis.gov/files/form/I-824.pdf

    Thanks,

    Hi All,

    Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
    1) You need to fill the form G-639 to get the I-140 documents.
    2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
    3) After filling the form, Notarise it (Your bank will do it)
    4) Attach all the documents with this form and send it to:

    USCIS National Record Center
    FOIA Division
    PO Box: 648010
    Lee Summit, MO 64064 - 5570

    5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.

    6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.

    I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.

    Please keep in touch if you have any other details.

    Bhanu



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  • trance
    07-19 09:38 PM
    Hi There,

    I work in Company A, and Company A filed my GC April 2008 under EB2 Category.

    Priority Date: April 2008

    I-140: Approved

    I-485- To be Filed

    I also have a Masters Degree in the US.

    I received an offer from Company B (Top consulting Firm) and they are willing to process my GC but in EB3 Category.

    My Current H1 will expire in May 2012.

    My wife is in the health care profession and currently a student in school and should get a a job next year. She is on a F1 currently and she should apply for a H1 next year. I am assuming that she can file for a GC in the EB2 category.

    Questions:
    1. Does it make sense to take up the offer or just wait for my I -485 date to become current. If i do not take up the offer, then i would lose out from a career growth perspective.

    2. If i take up the offer and apply in the EB 3 category, hoping that my wife�s GC would be filed in EB2, can i apply I -485 with her.

    3. Finally, does it make any sense to apply in EB3?

    Your advice would be appreciated...

    Thanks

    Trance




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  • jediknight
    07-26 09:59 AM
    Good advice with different viewpoints.

    My advice is "Look for a good mentors" with who you can discuss your situation in detail.

    My preference is
    Family
    GC
    Career

    This works better in the long term :-)

    - JK



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  • GotGC??
    05-15 11:50 AM
    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?




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  • gman
    12-22 11:07 PM
    Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.

    If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?



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  • mdforgc
    05-19 04:48 AM
    I am not a lawyer, just an immigrant who waded thru these, stil pending GC 485 filed. The issue is, if your employer revokes your 140 before it is approved, or worse yet, if it is not filed, I dont know what visa u r on or how much is left on it. In any case, from my experience, you have to be able to know and track ur application once it is filed, as in my experience there is an unholy nexus betwween employers and lawyers, not to mention the inherent delaying nature of these immigration lawyers. Points

    1. Be able to track ur application on USCIS website with the receipt number
    2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.




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  • enggr
    03-17 03:56 AM
    Friends,

    My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
    In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
    USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.

    The following are the words from USCIS denial notice.



    "The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
    In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "


    Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."

    We are planning to file a new labor certification by end of this month as the current one is 99% a gone case

    As you all know I was trying to save this application to save my wife's EAD.

    Please help me with one of the options below.

    Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both

    1) Appealing the decision
    Pros: My wife gets a chance to win her EAD back which is a big win for us
    Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer

    2) Applying new EB3 I-140
    Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
    Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.

    I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege

    . My answer to my attorney regarding the next course of action depends on your advice(s) very much.

    Thanks in advance and I really appreciate who posted replies to my questions earlier.

    Enggr:

    Labor approved 2006 Aug EB2
    I-140 applied 2006 Nov EB2
    I-140 RFE 2007 Sep
    RFE response 2007 Nov
    I-140 denied 2008 Mar



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  • gova123
    08-27 12:38 PM
    Go in person that would be best. Houston will not respond to mail or phone calls, Their whole switch board is messed up. I had tough time when I sent it to Houston.

    Can we go in person, I thought they would encourage only in case of emergency. Any one know that if we can go to the consulate and get the passport renewed quickly for sure.

    Thanks
    Govardhan




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  • cox
    October 23rd, 2005, 04:48 PM
    A couple more from the job finish today. I liked the backdrop - looks like ricepaper, which really pleased the Japanese-born client. This was taken vertically. I hung the wreath with a thread and then cloned it out :) I wasn't really happy with the backdrop lighting in the second one. Guess I need to invest in some lights. I used natural light from the right and a reflector card on the left of the subject.

    http://www.dphoto.us/forumphotos/data/933/wreath_blue_102305_JP8X5706.jpg

    http://www.dphoto.us/forumphotos/data/933/red_rose_tea_setting_102305_JP8X5748.jpg




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  • CADude
    11-20 11:53 PM
    I sent too..

    message sent to CBS60 minutes...




    nixstor
    08-24 04:14 PM
    Did you consider the 20k cap for Masters students? If they can plan to graduate in summer instead of spring they can safely use all OPT and get H1B with out pain. I know many guys who didnt use all of OPT (used half of it) and landed on H1B to be in status. I agree with the loan situation you mentioned though.

    I think thats what SKIL is trying to do by making OPT 2 yrs. It gives the much needed leeway for students to move from F1 to H1 and finding a better employer instead of running to consultants for H1B.

    B T W Are you the same guy who was looking for Pre approved labor on the other site.




    pappu
    11-09 02:10 PM
    Pappu,
    Is this survey open to every one beyond donor forum.

    Yes. It is open to everyone and is under 'Action Items for everyone' forum.



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