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  • ajthakur
    07-14 06:52 PM
    I dont remember any LUD on 140 after it was approved. I didnt pay attention to it. I just know now there is a LUD for 7/13/2008.
    7/13 LUD is inconclusive. There's a separate thread on IV discussing this where EB-2 folks have seen a 07/13 LUD w/o AC-21. Do you remember seeing a change in your I-140 LUD after approval in 2006 and before last week when they generated your RFE?

    if there was a LUD, this is a high possibility that your previous employer revoked I-140.

    This RFE can not be generated out of the blues. Using H-1B Xfr instead of EAD has absolutely nothing to do with validity of your AC-21. At least i am not aware of any correlation between the two.





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  • willigetagc
    08-23 09:56 AM
    Hi, I hope somebody helps in my dilemma.

    I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?

    Thanks.

    Tricky situation, many permutations. Check with a lawyer.

    But I think if you file for I-140 asap you can lock in the PD. When that becomes current (chances are good if you are not from India/China) you can file for I-485, get your EAD+AP and continue working on the EAD.

    Other option is to apply for a H1B change of status on the FIRST day the USCIS starts accepting applications. If you get approval, then it kicks in Oct 01, 2009. The odds of getting an approval are approximately 1 in 2. On the flip-side, you might have to restart your GC process and get a labor certification first.





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  • 53885
    08-15 08:51 PM
    If people were not busy preparing for Sept 18th DC rally, this thread would have been 20 pages plus, but if you REALLY want to discuss some thing then here it is........

    Employment Based (EB) Green Card (GC) Laws
    � The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
    � Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
    � As per USCIS Ombudsman report
    o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
    o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
    o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
    � There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
    � So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
    � FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
    � EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
    � The laws need to be changed and the process improved to fix the situation.
    What does it mean?
    � There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
    � Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
    � Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
    o You will have to stop working, if your EAD is not renewed in time.
    o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
    � You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
    � If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
    Immigration Voice (IV) Executive and Legislative Efforts
    � Lobbying is an efficient tool to influence law and rule making.
    � IV was very active in lobbying for CIR 2006, which was passed in Senate but failed in House.
    � IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
    � Due to upcoming presidential elections, next congress session in October�07 may be our only window of opportunity for several years to influence the lawmakers.
    Your options:
    a) Struggle for several years.
    b) Leave USA
    c) Help yourself by joining IV.





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  • jcmenon
    07-24 09:31 AM
    I totally agree with you. Lets go allout for this. We have to convince this first to IV core to take this up with priority then only we can pursue this with USCIS.



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  • we_can
    01-03 11:06 PM
    Posted on immigration.about.com
    http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13888





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  • eb3_nepa
    07-05 01:56 PM
    eb3_nepa has a colored , structured presentation layer based on the core ideas that you have... This is probably termed Reusability in IT world :-)

    Take it easy - I'm kidding !

    I love this idea and hinted about it in a more crude way :) :)


    Its not about individualistic ideas, but a collection of all good ideas.

    Make ALL advanced features such as PMing, emailing members on the forums, accessible to paid members. We are not asking for much JUST $10. If a guy cant pay $10 and that too to basically ask questions, then maybe we dont WANT them on the site, hogging bandwidth.



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  • crazyghoda
    01-16 04:27 PM
    My layoff was much less traumatizing at the instant.

    I was in India on vacation and one fine day I check my work email to see an email that I was let go a day earlier with 2 weeks of severance.

    Luckily I had my AP with me which is what I used to return back instead of the H1. Needless to add my entire remainder of the vacation was ruined in between obsessing about how to come back (try using the H1 even though laid off or use the AP and face secondary inspections) and applying to new jobs.

    Well I am back now and looking everywhere. Hopefully something should click soon.

    All the best guys!





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  • SunnySurya
    07-28 12:12 PM
    By the way Mr. Chantu,
    Read this http://www.iht.com/articles/2005/11/08/news/blogs.php



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  • stucklabor
    07-24 01:52 PM
    The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.

    Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.



    What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?

    And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.





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  • bondgoli007
    02-15 07:55 PM
    wow!!! Among the most divisive debate if ever I have seen one on IV.

    Without offering my opinion on the topic at hand (divide and rule), I think "some" (not all or even most) of the members posting need to take a step back and see how hurtful their posts on this topic are getting to be. Some posts seem to have subtle racial bias and the ones in response seem to read too much into them too.

    Guys, try not to post reactive or even respond to posts that are purely personal. I for one feel that this thread really doesn't do anyone any good and though Canuck's reason might have been more noble, it clearly is inducing normally clear headed individuals to get angry :-)


    We all agree in general that EB process is a mess and working together we are trying to fix it. Certainly each of us have our preference in 'how' it should be fixed. However the IV core has goals based on broadly accepted potential fixes...lets support those and keep the infighting to a minimum...

    GO IV



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  • Saralayar
    07-13 10:37 AM
    Hi,
    All of us are here in US only for $$$$ and nothing else. For what reason you left your country and begging here for GC?. It is all $$$. All Attorneys charge $$$ for even sending you an email reply. Don't blame Murthy alone.:cool:





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  • addsf345
    12-10 07:49 PM
    you hit the nail ... this is the biggest reason ...We are just too many and everyone wants to come to US

    don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?

    Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?

    Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much. This is called immigration.

    Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. We are given visas as their industry need us, but they do not care if we suffer for years. It is nothing but simply 'DESCRIMINATION" based on country of birth.

    Ask this question: Is it a crime to be born in certain country? Do we all have choice to do so? If it is not a crime, why we are being punished?

    Do we have guts to fight that??? we can only talk about some stupid solutions like control indian population and in just next 100 years there will be no retrogression for indians. Some one would also suggest indians must not to study and remain uneducated, so you won't come here under skilled quota and voila - no retrogression!!! but the fact is, we have no unity, no guts and no willingness to stand up for our community. IV is the only effort I have seen in years in right direction.



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  • akilhere
    10-11 12:44 PM
    Received email about change in status to 'Your Case Status: Request for Evidence Response Review'. USCIS should have received it yesterday and today it changed to response review.

    RFE email: Sept 10, 2010
    RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
    Reponse to RFE sent on : Oct 05, 2010 via USPS
    Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]

    feedfront

    I got an RFE on my 485 on Oct 6th. But I haven't received the letter yet. But, since my TB test turned positive and I had to take an X-ray, I'm wondering if I would get the same RFE on my 485 too. I haven't changed employers nor had any H1B breaks in my 12 year stint here. So, I'm wondering if it would be the same RFE as yours.
    In case of an X-Ray missing, couldn't we contact the doctor's office where we did our tests and ask them to mail it again? Or should we do it once again now? I did my tests in 2004, so I'm not even sure if they have copies of my X-rays with them.

    Please let me know.

    Thanks,





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  • GCStatus
    09-18 12:01 AM
    You cornered me? On what basis? You throw insult and that is your definition for cornered? Is there any logical argument that prove that I am wrong and you are right? Grow up and don't poison this thread with your pointless insults

    Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.



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  • pv2715
    07-13 10:24 AM
    It is not a contradiction to the previous statement.

    Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
    Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
    Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
    etc...

    Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.

    Yagw,

    I understand this is a mute point of debate for most of us and I am trying to clarify a statement made in the PDF document for the benefit of people whose PDs fall under these days. Under the operational guidelines issued, it appears that any PD that falls under days 1-7 of calendar month falls under the cutoff day 1 and so on.





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  • BharatPremi
    03-17 10:35 AM
    EB3-India
    PD: July 2003
    EAD-AP approved, FP done



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  • anilsal
    12-28 12:58 PM
    Both of the flights were on the same itinerary and were booked through Thai. United was asking for money for international part of the travel because he said that Thai would charge United for the extra weight if United checked in the luggage all the way to Bangkok, which isn't really true because Thai did allow 70 LB then. I am not sure what the regulation is now.

    I think you are right that the guy was probably ignorant and didn't really care becasue I wasn't flying United after LA anyways.

    Then why did you not take the issue up with Thai after ur trip? You have the receipt for the extra charge from United? These are alliance partners and can sort it out. If you have the receipt and the itinerary, you can still contact Thai.

    They will go extra lengths to retain you as a customer.





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  • sukhwinderd
    03-10 09:58 AM
    smaller chunks are useful for a night stay at a hotel or for car rental.
    car rental at aa is about 2100 miles/day.
    hotel is somewhere around 13,000 miles/night.





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  • gc_on_demand
    08-10 04:01 PM
    10th is almost over and I thought we had this trend that when USCIS wants to maintain status quo they publish bulletin early in the month and if the bulletin is delayed there is strong probablity that there will be some positive movement

    I have seen same trend for last two years. Reason was simple for last two years as they want to see demand for current month and then predict cutoff date for next month. But I don't see that same thing will happen again. As DOS must know remaining of visa # for fiscal year and also since USCIS has pre adjudicated at least 140k cases they should not take long time to calculate cutoff date.

    Their job is piece of cake now. But I was wondering that since till last month it was really game of guess for VO so he was not following Mid month date ( generally 15th or around ) to release data. But now he has clear picture in mind so he may wait till Mid month which is Friday to release data.





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    yabayaba
    08-11 02:57 PM
    Please email to Compete America (info@competeamerica.org) see if they can help us at this point.
    Just say number of years waiting for green card under EB3 category.
    They know the issue very well..All they need is some momentum....
    Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)

    It would be better to run a campaign thro IV, need input from the IV leadership.