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  • BumbleBee
    08-02 02:32 PM
    Hi Guys I'm pretty new in all this and i've been following this discussion and perhaps someone can help me.... here is the question.... Do I have a visa number available ?? If so why am I waiting that long??

    here is my story:
    i'm EB3 world - got my labor pd is 05/2002, and I concurrent filled I-485/I-140 on 05/2003.... already made 2 fingerprints..... I-140 was approved on 12/2005 (TSC).... i renew my EAD every year since I filled.

    if what you guys are saying is correct that in order to accept the I-485 to be filled USCIS need to have a visa number available to the applicant.... y am I still waiting?? :confused:

    thanks for the help and i'm sorry in advance for my lack of knowledge :)

    When you filed your I-485, there were VISA numbers, which in theory could have been used to grant you GC( I-485 approval ). But, they didn't act quick enough on your case to approve it, instead they worked on other cases and approved those, meanwhile, they got thousands more request for GC(Visa number ), and they started giving it based on priority date.

    Had they known there will be thousands of applications of older priority date, they wouldn't have accepted your application, as they can not approve it. But they didn't know, hence accepted the application. Now, it would just sit there till more numbers are availble and everybody who has priority date before you gets GC.

    Everybody who has priority date prior to your priority date is technically ahead of you, even though they have not been able to file their I-485 yet, hence VISA number would go to them first :D

    Anybody who hasn't yet filed 485, willl have to wait till the VISA bulletin passed thier PD.

    BumbleBee





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  • luvschocolates
    08-22 01:07 AM
    The majority of you people are cruel and harsh individuals, how dare you insult a man that is sick just because of his weight. The majority of you are also from middle eastern countries - not exactly buddies with the USA. Canadians didn't come here to blow up buildings, people from your part of the world did. Canadians were here to help, and were one of the first countries on the scene.
    Canadians are allies, not enemies. You folks need to be the ones to go back where you came from!





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  • sunty
    11-13 02:57 PM
    Waiting for the January bulletin is good...The spillover "might" happen then. But we should prepare and be ready from our side, with letters, appointments with Congressmen/Senators etc., so that we can immediately start action once the Jan bulletin is out.





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  • paskal
    07-09 06:40 PM
    there is still the last quarter's quota
    which is 100 - (27% X 3) = 19%

    this 19% cannot be issued in July either- not more than 10% a mnth

    there is no question they ignored this
    i'm curious to know what reason they will use to justify it.
    especially if it's a deposition under oath.



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  • BharatPremi
    09-19 10:54 AM
    One legal aide explained me how ignorant most of the lawmakers are when it comes to legal vs illegal immigrants.

    I highly doubt the very essence of this statement. At the end of day they are "Law makers" and I am not ready to believe that they can not distiguish between legal and illegal immigration. It would be possible that they may be pretending the ignorance. Potter love to have a donkey which do the work without eating grass. Till now donkeys (Us) were working for those potters(lawmakers, Employers) without asking for grass with the hope that someday we will have very nourishing grass. Now donkeys (Us) have realized that there is no nourished food in near future so we have organized ourselves. In turn these potters will take time to devise the ways so as not to provide enough nourshied food to all these donkeys and till then to keep you going on they will pat our backs. This is basic politics... Yes, I do have lot of faith in "Us" but if we make our strategies with keeping faith in these "Potters" then I have high doubts about our success.





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  • When485
    09-19 11:53 AM
    I think its a wonderful and meaningful suggestion. we need to stress on the "LEGAL".

    I get pricked when I read about contribution, bec I have not done so far as a single bread winner, I am struggling to pay the tuition fee of my Son who is in University. we are not able to get any loan or financial funding so far.. I will definitely contribute atleast a token amount in the immediate future

    Thanks for the understanding



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  • deepimpact
    09-11 02:41 AM
    I understand how overflow gets distributed and Eb3-I is last in line. However , if net reduction is 35-40K each year starting 2010(i.e oct 2009 to oct 2010) and the backlog is 200 K at the beginning of 2010 (Inventory report) , we should work through all the backlog in 5 (40 *5) years.

    That means in 2-3 years overflow should get to EB3 I because rest of the category will be current by then .

    I agree people who applied in 2003 -2004 are looking at 10 year wait as against someone applying for EB3-I - today . Infact someone applying today will get GC in 5 years from now.

    The actual backlog at beginning of 2010 is 200K (pending I-485) + all EB2 I/C and EB3 waiting to file I-485 from 2007-2010. The no of folks in EB2I/C and EB3 ROW from 2007-2010 will be about 80-100K. So instead of 2-3 years , overflow will start reaching EB3 in ~ 5 years.





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  • StuckInTheMuck
    07-28 07:34 PM
    Wonderful realization. Here is a comment accompanied with red dot for me for my post earlier:

    "why..what is wrong with the thread?"...I wonder what is wrong with this thread.
    Funny, I got a red dot too and with a similar comment - apparently a simple question early on about the relevance of this thread rubbed someone the wrong way (maybe he slipped head-first from his bed today morning).



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  • bheemi123
    10-03 03:13 PM
    wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.

    To answer the original questions only two options.

    1) depart and reeneter using L1
    2) apply for COS (but a long process)


    thats true..she has to apply for cos again....i thought u need to have new cap to apply transfer of status from l1 to h1..





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  • jackrabbit
    07-17 11:01 AM
    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.


    Does anyone know if we can sue them. I am sure that they are a registered organization.



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  • mrdelhiite
    07-13 08:25 AM
    GCBy3000,
    Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:

    Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR

    Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?

    I know the Mahatma would have asked himself the same questions before hurling allegations.

    Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.

    AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.

    ALL I AM SAYING IS WITH GREAT POWER COMES GREAT RESPONSIBILITY. REASON WHY I LIKE IV OVER MURTHY. IMMIGRATION IS MURTHY'S PRIMARY BUSINESS .. IV IS DOING NOT FOR MONEY BUT TO REALLY FIX THINGS ... MUST MEAN SOMETHING RIGHT ... GO IV
    -M





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  • xlr8r
    06-11 08:55 AM
    Done.



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  • mariner5555
    03-06 06:54 AM
    That is true. But I would rather bicker/argue among ourselves in our closed community and not in front of the public. I withdrew my post because singhsa3 is inviting media and other outlets to view this poll. I see no good coming out of washing our dirty linen in public.

    I am neither convinced by singhsa3's arguments and nor do I buy into the whole "potential-to-buy-houses" angle (and I got red-dotted for all my previous posts, but I don't care), but if he's willing to take the efforts because he believes in what he's doing, then I don't have to be the all-freedom-of-speech guy.

    So long as singhsa3's not pledging that I and my wife will buy our house #2 and house #3 only because USCIS gives us green cards, I am fine with continuing with my life and work. :)
    why are you so scared :-D ..what happens if media watches the poll and how is this dirty linen ...it is a valid point ..and the main point is legal people have to wait for years and years to get the stupid card (and in the meanwhile keep on paying the lawyers fees) ..this is not dirty linen ...if you are not convinced then stay out of the way.
    really I dont see any other options after the letter campaign ...unless some one else has a better idea !!

    btw you are paranoid ..how can someone else do this for you ??
    >So long as singhsa3's not pledging that I and my wife will buy our house #2 and house #3 only because USCIS gives us green cards





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  • srkamath
    07-12 08:18 PM
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.........

    Good point, i agree............



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  • pappu
    07-24 10:56 AM
    I will try to dig out the actual memo. But this is from the oh law firm page:
    ---
    06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing

    * As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
    * One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
    ---





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  • askreddy
    06-25 05:43 AM
    pls send samples to askrindia@yahoo.com



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  • reddymjm
    12-08 12:02 AM
    Nrc2008069509.





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  • actaccord
    02-17 10:06 AM
    for the update, StarRun.

    We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).

    IV sent newsletters last year on advocacy efforts to its members. We are doing it this year as well. We are trying to reach out to our members to attend the event.





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  • atleasth1b
    08-22 05:13 PM
    I am in a very Bad situation it seems, please help.

    I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.

    In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.

    I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)

    Please help





    DarkChild
    03-12 09:03 AM
    great work all of you guys, my choice was between grinch's and thirdworldman. i voted thirdworldman, but i just wanna say i know grinch hasn't done this a lot, so i think you've done an excellent job man :thumb:





    crazyghoda
    01-30 12:13 PM
    No I didnt inform USCIS about job change. The lawyer who handled the H1 transfer from my GC sponsoring employer to the (laying off) employer suggested that there was no need to and we could respond to an RFE if it ever happened. He said that USCIS doesnt do anything with the letter and never truly match it up and so I let it go.