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  • ajthakur
    07-14 05:47 PM
    Should I send a AC21 letter to USCIS along with my new employment letter?
    Who is the best attorney for such cases?
    Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
    ajthakur,
    Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
    Hope this helps...I am not an attorney, but thought my few cents might help you.





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  • rimagupta
    07-05 03:26 AM
    Not sure if our assumption of "only 100k already applied" is correct. In 2005, there were approximately 250,000 EB green cards granted - the numbers are close to 147,000 for both 2006 and 2007. I'm not exactly sure, but there were at least 200,000 more EB approvals from 2002-2004.

    There were 200,000 EB1 cases approximately from 2001-7 (In 2005, EB1 approvals were close to 40k out of a total of 250k GCs). If only 100k LCs/PERMs from 2001-7 were able to apply for 485 then it means 400k (250+147+147+200 - 200-150) applications that were adjudicated from 2002-2007 were from 2000 or prior to 2000 cases. Could this be true?

    In addition, many 2001+applications are still stuck at namecheck.

    Besides, all EB2 ROW cases filed under PERM were able to file for 485. These alone may contribute to at least 70k PERMS.


    Source:

    http://www.dhs.gov/xabout/structure/editorial_0482.shtm
    others: various law firm sites, including

    www.ilw.com
    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/41399c23bb40f2ff8525730c007f830a?OpenDocument

    ------------------------------------------------------------------------

    Estimated new 485 filings. : 700K is conservative. May be wrong too.

    LC s certified from BEC: about 200K (from 2001 to 2005 filings)
    PERM Certifed labor: About 200K (from Mar 2005 to June 2007)

    Total LC: 400K. Let us assume 100K already appliled. Lets say 300K is affected by retrogression.

    The dependents for 300k will be 450K (1.5 times primary)

    So total AOS applicants will be 750K just based on LC. Excluding EB1.

    -----------------------------------------------------------------------





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  • dilber
    06-06 01:44 PM
    After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.

    Congratulations and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours :)





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  • PresidentO
    02-11 01:23 PM
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
    Family based visa used for FY2009 = 215,343
    Family based immigrant visa numbers = 226,000

    Unused visa = 10,567
    available for employment based visa numbers for FY2010.

    *********
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
    Family based visa used for FY2008 = 226,105
    Family based immigrant visa numbers = 226,000

    Unused visa = ZERO
    available for employment based visa numbers for FY2009.


    Always go by the facts.


    ___________________
    Not a legal advice.

    You rock dude! Am I the only one to remember how visa numbers spill between FB and EB every other year? (or) Am I hallucinating?



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  • BlueSunD
    02-27 06:14 PM
    Looking really good Elisoe!
    Thanks Grinch (hope you had a nice trip!) Keep up the great work!
    Guess my curiosity is being satisfied, so thanks guys! :D

    Anyway, here i�ll post a little list of sites with textures, some are ready to be used, and tileable, some still need to undergo some retouching... or more.... :) Hope it helps!

    http://lemog.club.fr/index.html
    http://astronomy.swin.edu.au/~pbourke/texture/ (http://astronomy.swin.edu.au/%7Epbourke/texture/)
    http://textures.forrest.cz/
    http://www.mayang.com/textures/
    http://www.davegh.com/blade/davegh.htm
    http://3dtronic.webbied.com/
    http://digitalcraftsman.com/textureBin/textureBin.htm
    http://www.animax.it/#
    http://earthobservatory.nasa.gov/Newsroom/BlueMarble/
    http://www.visibleearth.nasa.gov/ (sorry but down at this moment...)
    http://gw.marketingden.com/planets/planets.html
    http://www.imageafter.com/

    Happy texture hunting :pir:





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  • dotnetguru
    04-08 11:11 PM
    Well..you cut your BS first..just because Its not first hand doesnt mean it is unreal..just because I posted on IV doesnt mean I expected IV to take up this case..just b'coz sucker like you saw two different lanes in the airport doesnt mean all airports are like that..I posted my experience in the airport I travelled thru..I dont have to prove to morons like you.

    You dont need to be best and brightest to tell me that Airports have different lanes..Oh..yeah...how will I know..I sneaked through Texas border...I never said all ppl stand in the same lane..I said, queues are different but unless you are deaf to your a** you can hear most of the conversation..atleast I did..I dont care if you didnt in your case?


    different lanes means like up to 5 to 20 lanes for only citizens and gc holders.there will be some space with the division with that belt u see in airports and then up to 5 to 20 lanes for visa holders.number of lanes differ based on the size of the airport.this is what i have seen in newark,ATL,PHI,CLT,MIA.now ur friends might be in corner lane and then there is space and then that visa holder who got sent back is also in corner lane to be able to hear if at all it is possible to hear.so now tell me which airports do not have separation like that. any one can pitch in.i could hardly hear the next person questions how come ur friend had heard in the above scenario.beats me...



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  • chanduv23
    03-07 06:23 AM
    From what I understand, Rajiv and Sheela are highly experienced and know AC21 in detail. They have seen successful AC21 cases and thats the reason they are pretty confident.

    It is always safe to keep all paperwork intact and updating USCIS during job change but there is also possibility that it increases burden if you keep changing multiple jobs.

    A good way of invoking AC21 is
    (1) Have the Attorney prepare the letter template - Attorney will make sure the letter is right.
    (2) have it signed from your employer - this should not be a problem - I have noticed that employers have issues with h1b visa because they require extensive paperwork and money, but signing a letter must not be an issue.

    A lot of employers are not aware of AC21/EAD and may get worried. But there is absolutely no issue. All you do is to educate them. So many people have started using EAD and changing jobs and slowly eployers will understand this concept.





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  • snakesrocks
    09-10 06:16 PM
    Hey Yall,

    I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".

    So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.

    The House Judiciary Committee today completed mark up of four immigration bills:


    H.R. 6020 would provide immigration benefits for immigrant soldiers and their families; (Rep. Zoe Lofgren, D-CA and Rep. Mac Thornberry R-TX)
    H.R. 5882 would recapture employment-based and family-sponsored immigrant visas lost to bureaucratic delays; (Rep. Zoe Lofgren, D-CA and Rep. F. James Sensenbrenner, Jr., R-WI)
    H.R. 5924 would provide 20,000 employment-based visas per year for three years specifically for nurses; (Rep. Robert Wexler, D-FL and Rep. F. James Sensenbrenner, Jr., R-WI)
    HR 5950 would ensure basic medical care for immigration detainees; (Rep. Zoe Lofgren, D-CA and Rep. Lincoln Diaz-Balart, R-FL)
    These bills now must await determinations by the Rules Committee as to how much debate will be allowed and whether floor amendments will be allowed, and if so , how many.

    There is no assurance that any of these bills will make it to the floor of the House for a vote. If one or more of them should pass, the Senate would have to act very quickly as there are no parallel Senate measures pending.

    While this is a positive step forward, the odds remain heavily against passage of any of these as "stand alone" legislation this year.
    __________________



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  • retrohatao
    02-16 11:52 AM
    I was thinking this forum was for such purpose. May be I am wrong. Because I have been on this forum for a month now and everytime I had to convince some or other moderator to take up the cause. Not that encouraging...





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  • singhsa3
    03-03 06:44 PM
    Some of the data can be obtained from here
    http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf

    of course it is not complete but gives a good glimpse.

    Now, you show me your 10 billion dollars :)

    Might not be extrapolation, but gross misrepresentation. Have you taken a poll or do you have any data to justify all the numbers you are including in the e-mail? If yes, then include the links for that in the letter, otherwise no one is going to believe you.

    Why, I can say, I have 10 billion dollars which I will donate to USCIS to improve their system if I get a GC right now.



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  • nixstor
    07-02 10:46 PM
    Guys,

    Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched

    Q. Can we file a lawsuit?
    A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.

    Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.

    I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.





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  • gc_maine2
    09-01 08:39 AM
    I am also interested in online MBA, please share if you get any more information on Aspen.

    anyone who has done MBA from USD, please provide your inputs.

    Thanks

    I just found that Aspen University is offering online MBA at $3600 (end to end) + books.
    The univ is accredited by DTE but not sure about its market value.

    I am thinking about low cost MBA and the options (apart from newly discovered super low cost Aspen) are --
    University of South Dakota (USD) (18 K)
    &
    University of Massachusetts (UMass) (30 K)

    Does any one know if USD has a decent market value ?



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  • vandanaverdia
    09-10 05:48 PM
    ^^^ bump^^^





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  • gc28262
    04-10 10:04 AM
    The biggest surprise is EB3 Mexico. It just turned to U. How is that possible??
    Can this happen to EB3-I India as well??

    In April bulletin EB3 Mexico was at 01-JUL-02. Mexico used up all its quota and turned U. That means there were lot of applicants whose PD was before 01-JUL-02.

    As for India EB3, same logic applies. Right now India EB3 is at 01-OCT-01. If there are enough people with PD before 01-OCT-01 to use up the quota, it can turn U in the next bulletin. Otherwise it could inch couple of weeks forward.



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  • sledge_hammer
    02-14 12:49 PM
    To answer your question, no, I'm not a conservative Christian. I'm a Hindu and I'm proud of it!

    Now that I have answered your question, allow me ask YOU a few questions:

    1. If I really were a Conservative Christian, does my belief that Jew were persecuted hold any less credibility?
    2. Are you an anti semite?
    3. Are you friends with Ahmedenejad?
    4. Do you watch a lot of Mel Gibson movies when you're not otherwise writing nonsense on this forum? :)

    Are you a jew or are you asking this because you are a conservative Christan and you believe that jews are special because Christ was jew at the time of birth? Not that there is anything wrong with either, but I just wanted to know.

    "What I believe" - What difference does it make? Why do you ask? You see its a matter of perspective. Someone may feel extremely miserable going through the process and its possible that that person may chose to compare this experience with the real victims of ethnic cleansing. Just because there is no violence involved, it doesn't mean that things cannot be comparable. Mental agony and silent torture in even worst when compared with physical violence because one is dying every moment you live. You may argue that we are all dying every moment we live, then isn't life just a torture?

    Its not necessary that others MUST believe or experience their life the way you or I do. Everybody lives through a different experience. You may not agree with their version or their perspective, but it is not reasonable to force someone to draw comparison based on what you believe. And this is what I believe.

    .





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  • pcs
    11-10 09:18 PM
    Pappu, Aman et all...

    Let push it... this is too uch for too long !!!!

    Let us have a call on this. This is high time, we do something to mobilize guys for some common cause.



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  • abhijitp
    03-05 02:34 PM
    Many of them during the letters campaign, and most are ready to buy a home within a year of getting their green cards!

    On ther other hand I personally know a very highly educated guy (IITBombay, MS then PhD in Electrical Eng- with a specialization in wireless tech) who got his EB GC 2-3 years too late... by that time the tech boom was over but the housing boom had already begun... so he decided to wait a few more years. Now he feels bad about the whole thing, and wonders if he should have bought a home when he was on H1B-- even if it would be frought with risk! That way, he would have been a millionaire today-- just like his friends who got their GCs and bought homes well in time.

    8 years later, the history is repeating itself.
    500,000+ people are patiently waiting in the EB GC queue... and chances are they will helplessly watch as home prices hit the bottom, and then rebound a few years later.

    Some of them might decide to take the plunge and buy a home to take advantage of the low prices. However, many of them may be simply denied this chance becasuse their future is tied to a plastic card that has to be renewed every year!

    Singhsa, sorry cannot help you right now with the media... maybe you can try getting help from the IV-media team?





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  • perm2gc
    01-18 03:23 PM
    http://finance.groups.yahoo.com/group/H1_Visa_Info/messages





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  • alex99
    10-29 07:47 AM
    ^^^^^^^^^^





    Gate_jj
    05-07 09:56 PM
    My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.


    Can you please explain the above ....

    I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.

    None of the explaination says this explicitly , does any one know something more in detail ..

    Thanks for all the help
    -j





    trueguy
    08-27 12:44 PM
    As per this link and comments by the Director of USCIS-

    http://immigrationvoice.org/forum/showthread.php?t=21175


    Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications.

    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    Oct-07 237915 842231 50548 42500 8048
    Nov-07 51773 845691 48313 42500 5813
    Dec-07 35020 833141 47570 42500 5070
    Jan-08 35771 813238 55674 42500 13174
    Feb-08 38210 787516 63932 42500 21432
    Mar-08 43548 762938 68126 42500 25626
    Apr-08 50951 742597 71292 42500 28792
    May-08 45357 739934 48020 42500 5520

    * Data from USCIS months processing report
    ** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
    ** FB is flat (730k-220k CP / 12 months)

    We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.

    June processing numbers are available

    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    June-08 46024 740969 44989 42500 2489

    It seems that in FY-2008-Total number of Employment Visas approved were-
    Till April 2008=>8048 (Oct'07) + 5813(Nov'07) + 5070(Dec'07) +13174(Jan'08) + 21432(Feb'08) + 25626(Mar'08) + 28792(Apr'08) + 5520(May'08) + 2489(Jun'08) = 115964 (till Jun'08) out of 162704 for 2008.

    Also, till April 2008, they had used=> 107955 which is 66% of 162,794.

    So, the above comment by the Director of USCIS that till April 08, they had used 65% of the Fiscal 2008 quota is correct.

    My guess in July and August is that they have used around 11000.

    So liberally there are still 35000 unused visas for Sept. 08 and conservatively around 22000 for Sept. 08.


    Do you have this statistics for Jul'2007, Aug'2007,Sep'2007. It will be interesting to know how many I-485 they recieved during Jul'2007 fiasco.



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