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  • samay
    07-30 04:22 PM
    Hi,

    1) My I-485(EB2-India) application file has two I-140 receipts (both of these are EB2) one of these I-140 is approved and the other was denied and a Motion to Reopen has been filed for this. How will the two EB2 I-140s affect my I-485 application?

    2) I got a RFE for my I-1485 on June 17th 2008, asking for a I-140 approval notice. As we do not have a physical approval (never received the approval, may be lost in mail) notice my current attorney responded to the I-485 RFE and included the first I-140 receipt notice and also a copy of the approval email received from USCIS. The attorney also included the details of the second I-140 i.e the Motion to Reopen (I-290B) notice. Is the approach a good one?

    3) My attorney also requested to consider the approved I-140 for adjucating the I-485 for me and my wife since the approved I-140 was filed and approved before filing the I-1485 and also we were married before the I-485 was filed. Will USCIS consider this request?

    4) Also, will USCIS have a copy of my I-140 approval notice and will they use that and consider my I-485 case?

    5) Will a Infopass appointment help in anyways?

    My PERM labor was approved in May 2006 and my priority date is current for August 2008. The I-485 RFE response was received by USCIS on July 16th 2008 and my I-485 processing has resumed. I was wondering if USCIS will consider my approved I-140 for processing my I-485. Also, any other suggestions you could give me would be appreciated.



    I am a little confused - Were two separate I-140 applications filed for you. If not why was a motion to reopen filed by your attorney if you received an approval notice. I am wondering why your attorney did not just inform the USCIS that they issued two receipts for the same case. As far as I can tell right now you should wait for the processing of your case. On another note even though your priority date is current your service center might not be processing cases with your filing date.





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  • HumJumboHathuJumbo
    09-23 04:00 PM
    are you sure that 5882 is dead ??? in that case, I agree lets do this on a major scale ...we don't have to say accurately how many people have not bought the house ...lets say 80% of legal high paying immigrants are not buying because they don't have a GC ..(I did not read the prev threads in detail ..but I guess we need to include everyone ..and not just those who have not yet taken the plunge ..as that is more realistic) ....

    this is not realistic! how will uscis validate your home buying?. do we submit house deeds with I-485 or send the deed later?.





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  • JunRN
    05-29 11:30 AM
    1] To date there are 60K EB2I and another 60K EB3I I-485 applictaions pending.
    2] 3.2K visas were available for EB2I for FY2009.

    Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.

    Unbelievable!

    I think you have not yet included those doing Consular Processing in your computation. CP accounts for about 20% of total usage.





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  • eb2waiter
    05-09 06:35 PM
    Did you get a job in US before you came to US. Most probably not.
    There are a lot of people who come to US blindly like students or consultants. They also landed up jobs (doing what they were meant for and not as cabbies or as janitors) and built careers.

    There are no or few body shoppers in canada because there are only a few shops :-D

    For the majority this is true in US. This is what land of opportunity means.
    It might be true for a few cases in Canada but for the majority it is false advertisement. Canada is not a land of opportunity. This is not a few of those who have been burnt talking. Try getting a job in Canada. Look at the salaries for yourselves.

    Folks am again telling this for your own benefit only. I have nothing to gain. I was not wise to do that. So thought I would guide the poor wandering souls here. Dont waste your dollars in Canada PR when you have US GC pending. It will do you no good.

    I wont post on this thread again :)

    ---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---



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  • Lasantha
    12-14 02:17 PM
    I really don't see how removing the per country ceilings alone without increasing the anual quota will help the entire comminity. If you do that alone all it will do is make the date retrogressed for all the countries even further. So where's the gain?
    Getting the anual quota increased, not counting dependents in the quota and recapturing visas from passed years will help EVERYBODY.

    If people want to think that something petty as removing the per country quota is going to solve all our problms then all the best (and God bless us all) ! :cool:

    PS - Pardon me if this sounds harsh but this is how I see it.





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  • greencard_fever
    07-23 12:02 PM
    USCIS is already did the ground work required to Use up all the left over visas. I am assuming based in the following theory

    1) We have seen in the past in USCIS director interview ( i do not have the link for this) that USCIS and DOS is working closely ( This was lacking in the past) to approve as many cases as they can to use maximum VISA number.

    2) By looking at the approvals from last 4 months, who ever i know whose PD's were current got their GC's.This indicates that USCIS is working efficiently then it was before to Use up all the VISAS.

    3) Lastly i assume that DOS was moving the dates for EB2 consistently for last three visa bulletins and we all know that for August (last Quarter) it has moved by 2yrs+ (DOS and USCIS waited till last quarter to do this which makes more sense),I believe the reason behind this to use all the Visa Numbers and approve as many cases as they can.

    This what i am assuming by looking at the recent VB movement and GC approvals.



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  • engineer
    07-04 09:47 AM
    Anybody who got contact at NPR or anybody who want to take a challenge and work on contacting NPR and telling them about our story.

    http://www.npr.org/about/pitch/

    Sent NPR following:

    Dear [Insert Name]

    Re: Administration Slams Door on Thousands of Legal Immigrants

    Per US DOS July 2007 Visa Bulletin that came out on June 2007, all Employment based categories were going to be "Current" starting from July 2nd. Based on this information, many of legal immigrants like me, with approved labor certifications, worked day and night, spent enormous time and money to prepare our applications for filing Adjustment of status (AOS) application (I-485). This involves, going through a medical checkup, getting shots for required immunizations and paying hundreds of dollars in lawyer fees.

    The applications were all ready to be filed but against all odds, DOS issued a notice in the morning on July 2nd, informing that no AOS applications will be accepted. The visa bulletin has basically been revised and no employment based visa numbers are available for any legal worker. It states that visa numbers are no longer available until October 1st when the FY 2008 would start. This is such a waste of so much money and efforts from the legal workers, some of whom were waiting for more than 3 years to file for their AOS applications. They finally saw a hope and prepared themselves, but even before the day came, their hopes were taken away from them. It is amazing how the DOS and USCIS can make such a big mistake in their predictions about the visa number availability.

    The visa bulletin for June had moved the visa availability dates (referred to as priority dates) by more than a month for certain categories. A number of applications for AOS were therefore expected to be filed in the month of June. However, DOS still calculated an abundance of visa numbers and therefore moved all the dates for all categories to "current" for July. And now this morning, the visa bulletin has been revised to make visa numbers unavailable to everyone. This does not look right and begs for an investigation. The whole system of generating cut-off dates is not defined and there is every reason to believe that the dates are manipulated to serve certain hidden agendas.

    Please do a news story into this matter to help legal workers who are in USA for many years. Some of us have been working in the US for more than 10 years and still do not have permanent residency. We are paying our taxes and are law abiding members of the society. So we request President to intervene in this matter.

    If you like more information, please contact me at [email address] or [cell phone no].

    We are part of Immigration Voice is a non-profit organization (501 (c) (4) approved) working to alleviate the problems faced by legal high-skilled foreign workers in the United States. We act as an interface between this set of immigrants and the legislative and executive branches of the government. We work towards eliminating procedural hurdles by interfacing with the government branches that formulate policy

    References:
    US DOS July 2007 Visa Bulletin:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html

    US DOS revised bulletin for July 2007:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html

    Administration Slams Door on Thousands of Legal Immigrants: AILA Condemns Agencies� Bait and Switch
    http://aila.org/content/default.aspx?docid=22804





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  • Rohan99
    07-27 06:35 PM
    Did you tell that person you are doing illegal work in his country? Is that person from Mexico?

    Run from who?...you? I will see who runs from who? :)
    Sorry to hear that someone lied to you, and it totally shows that person's integrity. But its nothing to do with Amway. Amway never told them to pick u up and take you to the meeting. It was his wrong decision. Probably they are not in business today either.

    My platinum is US army Airborne division...SERVING his country. You saying something?
    Sounds like you know something he doesn't know. Probably he or I should have checked from you.



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  • hari_babu22
    07-21 03:15 PM
    I echo your way.

    I've also been approached by Amway people both in the Bay Area and beyond. I despise their tactics and their deception as much as (or more than!) anyone.

    But let's not let it affect our community. Let's not let a few bad apples ruin that unmistakable bond we feel in America when we spot a fellow desi from afar. Now, any time I approach a desi to make a friend, I state in a jovial-yet-serious way, "don't worry, I'm not one of those Amway guys!" That's obviously not the first thing I say, but I make sure to throw that line in during the first minute or so of the conversation. If the fellow desi knows Amway, it gets a laugh, "oh, phew, that's a relief!" Once at an IKEA, I saw a desi who seemed to be following me. Turned out he wasn't following me at all. I asked him in a clearly joking tone, "Please tell me you're not with Amway!" He burst out laughing and we became friends (needless to say, he was not with Amway!).

    So why don't we all agree on a similar approach? If we meet each other in public, let's simply state that we're not with Amway. And if you're accosted, simply ask that person if they're affiliated with Amway. Plain and simple.

    How does this sound to others?





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  • Legal
    07-26 10:31 AM
    According to my analysis based on recipted/pending I-485 they processed some 80-90K (estimated range) EB I-485 applications which 57/65% of 140k by April 2008.

    May month usage was very low, i feel June/July not to bump too much so another 20k cases. We should still have FB rollover from 07 (31K) + another 10k visa in the pool for Aug/Sept visa.


    It appears FB spillover is factored into EB quota in Sep bulletin every year.



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  • nik.patelc
    09-03 02:38 PM
    Folks whose views "Very sad news...May his soul rest and peace." for indian politicians are stupid and ediot. Not a single indian politician is admirable except Atalji.

    about YSR, who violated Indian constitute being secular by promoting one religion(everyone knows) . Under his government, Whose life is improved? Any farmers, middle class folks , poor are same as before? No.

    So, dont write Sorry , sad news, his soul rest and peace on this board, otheriwse, someone like me freak out and reply.





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  • nitinboston
    05-29 04:52 PM
    Its time to wake up. The writing is on the wall. I have been stuck in EB3 since 2005 and i dont see myself getting a GC anytime soon. The only way the govt here will realise how much we contribute to this economy is, When we will start leaving in droves.
    I got my PR to Canada in 8 months and am already applying for job's there. I think i am done with this system, there are way too many people running after way few GC's. And USCIS knows it, we are a bunch of brown people sitting on our knees begging for GC. We have become the slaves of 21'st century, and i am gonna break free from it. More of us do so, better it would be. If US wants to loose all educated hard working people to Canada, Australia and other countries, so be it.



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  • bayarea07
    07-27 07:28 PM
    Kushal,
    Still waiting for your reply and your tax returns for previous years as you promised :-)



    Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.

    I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
    Peace OUT!!





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  • sroyc
    02-12 08:44 PM
    I don't think Abhijit chose the right analogy, so your response to that makes sense.

    India and China are not sending multiple skilled-immigrant teams to the US. They have come here on their own either to work or study and they are being hired by American companies on the basis of merit, same as everyone else.

    Other than the fact that there is a large talent pool of high-tech workers in India and China, there's nothing that stops them for hiring more skilled immigrants from other countries.

    If the US truly believes in a quota system for employment based immigration, it should reflect in the workforce first. Enforce the quota system while issuing F1/H1 visas. Then you will also ensure true diversity (only among immigrants) in the workforce.

    What you have is two classes of immigrant workers in the same company - those who belong to retrogressed categories and those who are not, with similar qualifications and with similar roles. The difference is that in a few years, the workers who get the green card sooner will have the ability to pursue other opportunities while the other class of workers grind away. With the current scenario, a future colleague from a ROW country can join 6-8 years after me and still get the green card ahead of me. How can you say that it is not discrimination?

    If you remove the per country quota, the ROW candidates might have to wait for 3 years instead of 1, but the Indian/Chinese candidates will have to wait for 3 years instead of 8-10. I don't think removing the per country quota will harm ROW folks as much as it'll benefit Indians and Chinese AND it'll ensure fairness.

    Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.



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  • satyasaich
    01-13 04:04 PM
    Nuke buddy are you off your rocker. These guys will kill you for even suggesting it. I myselft have taken all kinds of abuses from everyone here and i myself had the presence of mind to not go there. Leave it . That law is the law. Of course it did hurt EB3 but what it did is take the unfair benefit that EB3 was getting because of wrong interpetation of the law. No all that is water under the bridge.

    Once upon a time in this country ( & based on situation 'at' that time), laws were made and hence some classifications such as EB1/2/3 etc;
    I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
    1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.

    2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
    Meaning not the vertical spill as it is happening now

    AND

    3. Remove the count of dependent family members against number of visas granted per year in any of EB category





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  • abhijitp
    06-28 04:51 PM
    Not sure if this has already been posted, if so, pls accept my apologies.

    http://www.murthy.com/rumor.html

    Rumor : If the USCIS receives too many I-485 Adjustment of Status applications during the month of July 2007, there will be a lottery to decide whose applications will be accepted for processing. This could happen because almost all EB categories became "current" for the month of July 2007. Posted Jun 20, 2007

    Clarification : There is no lottery expected for the I-485 cases filed in July 2007. This rumor seems to have originated based on the recent crisis with cap-subject H1B petitions. In that case, the USCIS received more than the annual quota of H1B petitions on the first day of filing for Fiscal Year 2008, which begins October 1, 2007. Therefore, the USCIS accepted cases for processing based on a computer-generated, random selection. The system of H1B cap numbers and the EB visa number limits operate differently.



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  • LC2002
    03-19 09:23 PM
    If anyone who is stuck in with labor gets oppurtunity must use it. Even people who are jealous are given this oppurtunity will be first to run with that.

    Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.

    G





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  • cygent
    12-19 05:06 PM
    All,

    I have created DIGG article for this, Please digg it.

    http://digg.com/business_finance/How_to_Solve_the_Housing_Crisis_Let_in_More_Immigr ants_to_B_2

    Add this/your comment that involve the backlogged legal community already working in the USA, instead of more H1's. Thank you!

    ******

    Why is Gary looking outside of USA to tap potential home buyers? Just for folks who aren't aware - there are 500,000 high skilled legal immigrant already in USA who are waiting in queue for numbers of years to get their Permanent Residency. Thanks to the limited visa availability based on country chargeability (birth of applicant) and inefficiency of immigration system, these highly skilled, tax paying and law abiding immgrants are waiting for their Green Card (Permanent residency). Some of them have studied here, worked here for years and US is almost a second home to them. They are sitting on pile of cash, Yes - PILE OF HARD CASH. They wouldn't buy house or any big ticket items until they get Green card. Why not give these people, who are already part of our system, conditional Permanent Residency who buy houses. This will also get us immediately required cash and home inventory will go down as much as 300K at minimum. P.S. I AM TALKING ABOUT HIGH SKILLED LEGAL IMMGRANTS AND NOT ABOUT ILLEGAL IMMIGRANTS.





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  • logiclife
    01-23 04:32 PM
    http://news.mainetoday.com/updates/008785.html

    NEWARK, N.J. - A business owner from India was sentenced Monday to 20 months in federal prison for helping hundreds of immigrants live and work illegally in New Jersey and elsewhere in the United States.

    Narendra Mandalapa must also forfeit $5.7 million and two luxury cars - deemed to be proceeds of his crimes - and pay a $25,000 fine, under the penalties imposed by U.S. District Judge Dickinson R. Debevoise.

    Mandalapa, 36, was owner and president of Cybersoftec Inc., a business consulting firm based in Edison in 2004 and 2005.
    Cybersoftec also claimed offices in Portland, Maine, and
    in New Hampshire, and obtained more than 150 certifications in the two states for temporary work visas in 2004 and 2005 through the U.S. Department of Labor, the Portland Press Herald reported.

    Cybersoftec, according to Maine Department of Labor records, also filed about 50 labor-certification applications in Maine for green cards, which allow foreigners to live and work in the U.S. indefinitely.

    Mandalapa had pleaded guilty to immigration fraud, admitting that he got up to $22,000 from immigrants to file fraudulent documents. Those included I-140s, which are petitions for an alien worker to become a lawful U.S. resident.

    Mandalapa has been in custody since his arrest Nov. 3, 2005. His lawyer, Bruno Bier, said Mandalapa will get credit for his 14 months of confinement and will spend about six months in prison before he will likely face deportation proceedings.

    None of the indictments on 29 counts of immigration fraud, money laundering and mail fraud related to his applications for green cards were linked to activities in Maine. Mandalapa pleaded guilty to one count as part of a plea bargain.

    Bier said Cybersoftec is no longer in business.

    Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.

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

    Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.

    And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.

    What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.

    So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).





    alien2006
    08-30 03:09 PM
    I would suggest checking out www.canadaimmigrants.com and other such websites before plunging into Canada. A good idea is also to check out monster.ca for your job situation. I checked that as well as monsterindia. Guess what, there were 50 times more jobs in India than in Canada (at least in IT). After a lot of debate we have decided to stick in the US through this entire GC process. If it fails, we go back to India where we are with our family as well as have good job prospects. If the intent to immigrate to the US continues, we will try to come here again and restart the GC process.

    Almost all the people I know who have or want to go to Canada, don't really want to live there more than 3 years. They just want their citizenship and then want to move back to the US. So I don't see the point of living in yet another country and besides I hate the cold. Just another point of view.





    ramus
    07-03 11:09 PM
    Cool... Please put her contact email so others can send her email too..
    Thanks.


    Just sent her a thank you note and my letter above.



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