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  • vsukumar
    09-17 08:10 PM
    Got the CPO ordered email on 09/16/2010, updated to Post Decision Activity on 09/17/2010 for both primary and derivative.

    Got FP appointment scheduled in the first week of Sep, but gave it earlier ( last week of august)

    No SR, No Infopass.





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  • gc_aspirant_prasad
    07-11 11:10 AM
    I don't know what do you mean by success. as far as media coverage is concerned, Fireign media (India, China or elsewhere) doesn't help. It's local media, which can create some usefull awareness. How does awareness in a different country helps?? I don't know why even people talking coverage about foreig media?????

    Sometime back.. I also read some comment talking about involving Indian govt. in this.... Bullshit.. What does a different country's govt has to do with it!!!

    Point is.. don't get too excited for having done nothing... Do something substantial and keep doing.
    Governments can and often do influence each other. Think of trade deals - they do want to sell us Boeings dont they?
    I am not saying that it ll work in this case, this being an immigration matter & such, but just recognizing that Governments can weild influence.





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  • whitecollarslave
    04-17 06:26 PM
    8 USC 1324b
    (a)(1) General rule
    It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a (h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment—
    (A) because of such individual’s national origin, or
    (B) in the case of a protected individual (as defined in paragraph (3)), because of such individual’s citizenship status.

    (3) “Protected individual” defined
    As used in paragraph (1), the term “protected individual” means an individual who—
    (A) is a citizen or national of the United States, or
    (B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title;

    (4) Additional exception providing right to prefer equally qualified citizens
    Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.

    So EAD folks are excluded from "protected individuals" and employer has a right to prefer US citizens according to this.

    I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply. The you posted is the original text and does not include amendments or changes.

    If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.





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  • nrk
    10-27 10:08 AM
    congrats caliguy



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  • Saralayar
    04-22 04:50 PM
    In response to Saralayar's idea, I strongly believe it is a great idea but I have some details I don't understand. Would Saralayar tell me more about that????????

    From the quote "Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
    1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
    2. If they have earned full 40 points in Social Security
    3. If they have paid the tax continuously for 10 years
    4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
    and
    5. If they do not have any criminal records in these 10 years."

    From the above quote in Saralayar's previous message, I wonder

    1) whether citizenship is granted to people who have met all 5 conditions or any 2-3
    conditions out of 5???????

    2) I do believe the last 2 conditions can be met by most of the foreign students but for
    #3) condition "if they have paid the tax continously for 10 years", I wonder how can this
    happen unless the foreign student who has worked in US for 10 years. I heard H-1b
    workers maximum have 6 years plus 1 year extra for extension total add up to 7 years.
    So how can have 10 years tax paid????

    3) For #1) condition," If they are legally here for 10 years (With approved I-140 and
    waiting for Adjustment of Status without current date)",
    I wonder whether only students with years of US working experience (which means
    years in full time study plus years of working experience) up to 10 years is counted
    towards this legal stay for 10 years.
    So how about students who have years of working experience (which means years in full time study plus years of working experience up
    to 10 years but
    without GC waiting due to lack of employers' file for GC sponsorship due to some
    unknown reasons??????
    or some foreign students who have stayed in US for 10 years for full time study such
    as 4-yr bachelor degree plus 6-yr Ph.D or two Master degree (MS & MBA) or other
    degree combinations but they have both social security card and drivers' license as US
    ID but without employers' sponsorship due to certain reasons?????

    Would you please tell me more details about your idea????? Thanks a lot for your attention and help!!

    Look around you will see.... not everybody is the same.
    I personally know many who had been "working in H1B" for more than 14 years.
    Not everybody gives more weightage for their "immigration plan" than some personal and career interests. If you are really truthful to USCIS about your intentions, and you keep doing what you want to do with your career and life, it is in-fact very possible that you will be found without a GC even after 10 years working in USA, if your are from India.

    An approved I-140 doesnt make you "automatically" qualified for an I-485. You dont file 485, if you dont "intent" to continue with that specific employment, even after I-140 approval.

    7Years???? No..... you can extend your H1 beyond 6 years as many times as you want if you meet some conditions as per AC21. So it is possible for you to be in H1B for 100 years.

    10years tax payed???? Yes because of the other reasons I mentioned. Also I know many who are still in que after 14 years paying taxes.
    abcabcla,
    Morchu is correct. We are just putting the period as a decade (10 years), which is pretty decent part of the human life.





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  • makemygc
    06-29 07:26 PM
    yeah enjoy ur weekend. if you have filed ur application then chill and if not then ....what r u doing , lazy boy...move ur ass and courier it now.....hahahhhaha.
    well i courier-ed it to my attorney to be supposedly mail out by today but now that law firm is not even responding...so even if move my ass or move my other body parts ...its not going to change any darn thing....I know u must definitely be moving all the way from top to bottom...best of luck..



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  • illinois_alum
    09-25 02:12 PM
    The only thing I can tell is most of us are trying to search "light" from this "black and dark cloud". USCIS does not seem to be agree with what you are saying. Please have this trend chart and the worksheet in this thread together and then you will realize what we all are saying.:)

    Trend chart doesnt give you shit...its just an overall count
    I am referring to the PDF report - which clearly mentions that the numbers are for pending Employment based 485 applications. And yet people refer to this report and ask stupid questions or over-analyze it...





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  • jsb
    09-18 10:31 AM
    ... he successfully emailed and inquiry notice to NSC requesting a followup on my pending application. ...
    RpH

    So he did not insist on waiting for 90 days. When did he promise a response back? If you were not in the system, how are they going to check?

    BTW, I am also July 2, J Barret, 10:25am, No receipt yet.



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  • weasley
    04-25 08:24 PM
    Restrictions on H1B is definitely not going to help retain jobs in America. More technnical jobs will be outsourced. My friend work for a TARP company and they are directed to move more technical jobs to offshore. The raid and other things what they are doing now will certainly prevent fraud.





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  • jonty_11
    06-29 03:59 PM
    if this rumor is true....then DAMN this GC.....!!!!!!!!!!!



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  • jsb
    10-12 03:32 PM
    My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.

    Please don't miss this chance:
    Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless.

    USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D

    CADude,

    Do you have postal address or fax of Ombudsman office readily available with you? I remember having seen it, but can't quickly find it. I will send my details to Mr. . USCIS simply brushed aside the issue of FIFO by just saying that it could only be a rare case of an error or special attention needed, which obviously is not true.





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  • Libra
    01-11 10:25 AM
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  • abhijitp
    06-29 04:31 PM
    How about, they are expecting so many application 140 plus 485...that THEY DO NOT WANT TO PROCESS ANY APPLICATION...like always - THEY WILL SIT and EAT BURGERS and dont WANT TO DO ANY WORK...nothing new here folks...

    On Monday I upgraded my I-140 at NSC to Premium Processing category. It got approved in just 3 days. It is not as if they are not doing any work. In fact I checked that the TSC I-140 dates (my successor in interest I-140 is pending here) have moved forward too.

    I think they stopped premium processing I-140's now as they know there will be a flurry of AOS apps, which they would want to look at.

    For the same reason, I think the AILA thing about a new interim bulletin is also a rumour.
    Given a chance though, I would want to file ASAP... who won't?





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  • Kalpen
    06-20 09:31 AM
    Hi,

    I am filing up form 485 and on Part 3 Section - Processing Information, there is a question asking for Nonimmigrant Visa Number.

    Any clue about this?

    Thanks in advance,

    Kalpen



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  • Dhundhun
    10-05 04:25 PM
    Seems like there might be an internal memo or understanding between USCIS and DOS not to approve many Eb2 India 485 even though there dates are current, this is the only explanation I can come up for the lack for eb2 india approvals in October. Even with the limited number of visas every quarter I was hoping there would be lot of approvals because of Visa spillover occuring every quarter instead of once every year, but looking at the USCIS performance in the first week of october it seems like there wont be any quarterly spillover at all.

    Even if quarterly spillover happens, it will happen in Dec - that's what I think - correct me if I am wrong.

    I anticipated monthly EB2-I to be finished in two business days - more or less it appears to be (200 odds is a small number for India). Now I am waiting for prioirty dates - whether they show +ve movement and next month for approvals.





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  • rtiwari73
    10-01 10:43 PM
    Me and my wife had done finger printing on 09/10. On 09/15my wife got the clearnace from FBI and it is loaded into the system. I went to local immigration office and they did some searched and they told me that FBI loaded my finger printing detail using my social security number and not by the A number. Local IO can see the finger printing but when I called the Texas office they said they can't see the FP detail, and i tried again after some time got hold of another IO and she was able to search by my first and last name and saw in the system.

    I opened an SR got a response that my FP is not received from FBI. So confusion is some IO officer who is trying other option to do search are able to see but not all the IO and that is delaying my approval process.
    Any help or suggestion will be appreciated



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  • drona
    07-10 02:42 PM
    Pineapple, we are only posting media coverage here. There are other threads that are posting flower orders, delivery confirmation, etc. This just in:

    Post by dtekkedil

    CNN Covers story in India!

    Looks like CNN - India covered the our flower campaign story on TV!

    Just got an SMS from India!





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  • SanjayP
    05-09 03:21 PM
    Now that is interesting. I have never met any dishonest Japanese. It is like it is not in their culture to be dishonest but that is my experience. The most dishonest thing i have seen Japanese do is that they have hard time saying the word No. That can leave one with the impression of that they still are interested. Su you think they are leading on you and think it is dishonest.





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  • gautamkini
    06-15 01:55 PM
    Hi,

    My wife and kid are outside india. Can i file for 485 and include them...Do they have to be in india for that. Also can i file for my wife's ead





    sheela
    11-06 02:31 PM
    I spoke to IO this morning regarding NC clearance for my family (7/2 filers). I was told whereas, my derivative's (wife and daughter) names have been cleared but there is no information on my clearance. She furthur told me the names were submitted on 8/30/07 and was told to wait for another month or so.

    Guys: What is your take on this? I have started worrying now. Although they say 120 day processing time- My understanding is you are either cleared in few days or get stuck in the hole.





    Ramba
    08-21 12:55 PM
    You are right about members working on understanding the law in this forum and thrashing out arguments to make them fool proof. Instead I find people getting incensed at each other and creating a destructive environment instead of a constructive one.

    As far as immigration lawyers go - they have no incentive to file a lawsuit to get a correct interpretation as they donot stand to gain whatever way the law is interpreted. Also while there definitely are a few smart immigration lawyers- the run of the mill ones are no better than paralegals. I'm not sure I should be saying the above but my experience points to that.

    Yes. No one has bothered to go after DOS for misinterpretting the AC21 rule in allocating immigrant visa. Many people (EB2-India) raised their concern between 2003 and 2006, as DOS is not correctly following the rule and allowed the spillover to go EB3, when EB2 was in high demand particulrly from India. Even IV core did not go after DOS. As you mentioned, lawyers has no incentives. EB3 has enjoed between 2000 to 2006 (from the mercy of DOS). For example in 2006, EB2 got about 25,000 visas abot 20,000 visas (from EB2)has gone to EB3-ROW.



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