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  • prioritydate
    12-20 08:42 PM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.

    Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.





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  • kaisersose
    03-07 10:54 AM
    AC21 is simple and requires nothing from the new employer other than the offer letter.

    Rajiv Khanna charges big bucks to send out the AC21 letter, but he also clearly said his services are necessary only for complex cases. A straightforward case does not require any attorney.

    However, there are people who are scared of every little thing in life and if such people - though their cases are straightforward - still want to pay up $3k to lawyers for sending out the letter, lawyers are not going to turn them away.





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  • virald
    07-18 09:49 AM
    What is meant by "Rejected" here?

    -FedEx not accepted on July 2nd
    -They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
    -Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
    -Rejection email was sent to lawyer/candidate
    OR
    -USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)

    Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.

    I contacted my attorney but so far no reply. Will update all of you.

    I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
    Thanks

    Rejection means -- packets opened, and, returned as reject because dates not current.
    I am also convinced that, if one has not gotten the package back, the person should be okay. But, just want to get the confirmation that we will be okay proactively rather than waiting.
    I'll post as soon as I find out from my lawyer.





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  • veerug
    07-04 05:49 PM
    ........



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  • ashkam
    07-24 11:25 PM
    If you were on OPT you will have Allien# but the EB Catogery gets an allien# after they apply for AOS.

    The A# which is present both on the I-140 and the OPT EAD card.





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  • deepimpact
    09-11 01:39 PM
    And one thing that has not got enough press here is , how the EB3-ROW has got significant overflow in the last two months though EB2- I/C are no where near current. Per common understanding , they should not get a single overflow till EB2 is current .

    Street Justice ??

    EB3-ROW Pending per Aug 2009 I-485 Inventory ~ 63K
    The EB3-ROW Demand for October 2010 ~ 45K.
    So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
    The total Pending in Aug 2009 was
    EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
    The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
    Demand for EB3 = 136K.
    So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.

    And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.

    I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.



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  • god_bless_you
    07-04 07:42 PM
    So you are saying that They assigned Visa numbers to the existing cases before processing and approval the cases are not yet approved and we can expect approvals in near future once name check etc are cleared ??





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  • LOL123
    08-20 10:29 AM
    I know someone who had to go for FP for their son who is 7 yrs old.

    So yes, your 6 yrs old will have to get FP done.

    As per my knowledge FP is only for the Age 14+



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  • senthil1
    01-09 02:05 PM
    In the consulting job there is no such thing called entry level. Generally consultant means he should be expert in that area.
    If anyone trying thro consulting companies(especially Indian bodyshoppers) they will make you 5 to 10 years of experienced candidate after 5 to 10 days of training. Clients will be charged 100 to 150 dollars per hour and consultants will be given 20 dollars per hour(no bench). Entry levels are mostly in companies like Intel.Microsoft and many other companies. It is very easy to find a company than a candidate. You can find by googling.

    Can you please share with me PM some of these companies as I am lookin for a h1b sponsorer for someone i know who has done masters here.... and is fresher... not that he wants to put fake.... he is ready to get a entry level salary and state that he graduated out of school and is a fresher..... just that he wants someone to do his h1b...





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  • anurakt
    01-17 03:11 PM
    Sent PM... and FYI... I am not a non-contributor as well


    I have sent you a PM , please call me ....



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  • yabadaba
    02-21 03:46 PM
    pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.

    The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.

    All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.





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  • Ahimsa
    11-08 02:49 PM
    Hi
    I live in Iselin
    My labor filed in Nov 2003 as NY EB3 RIR
    Not yet approved -- "In Process"



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  • bank_king2003
    02-12 02:05 PM
    Would you mind asking source/link for "another 13,000 shifted over"?

    As per this link - family based numbers were totally used up for FY2008
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
    Family based visa used for FY2008 = 226,105 against 226,000 available.



    I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?



    ______________________
    Not a legal advice.

    hold on guys!!! i was the one who started this thread because i was not sure if ron was right or not but i guess seeing desi3933 comments that he is right and ron may not have the proof to justify this time.

    it is good if we can get some proof of uscis wasting/not using visa but untill then please dont blame each other..

    I feel the arguments desi3933 is giving.... makes most of the sense as compared to the last reply by ron which was like a general response instead of showing root cause of 13k visa lost.

    peace V





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  • anilsal
    12-12 09:37 AM
    Nobody knows whether congressional action is needed to allow I-485 to be filed during retrogression?



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  • ilikekilo
    10-16 10:26 AM
    U could get notarized at ur local banks or at ur work place if u ahve anyone who has a license

    i believe you dont have to put in any recpt # 's just your name...


    and also anyone knows the fax #??





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  • Suva
    11-11 12:57 AM
    Good one...

    PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.

    This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.

    Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.



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  • alterego
    08-15 10:08 PM
    Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.

    That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
    EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
    Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.





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  • piperwarrior
    07-16 09:55 PM
    The point is not about changing NumbersUSA supporters (that will not happen). The idea is to discredit this organization in the same publications that have profiled them (i.e., NY Times and LA Times) and show that their arguments don't hold water.

    We all know that people on H1 status pay federal,state and social security tax. So I checked IRS site and searched for H1B. They have couple of links that shows H1b should pay tax. My point is everyone knows IRS and they know how much they go after people who are not paying taxes. If we can point to IRS which itself states by way examples that H1B should pay tax then at least the fence sitters will not jump on their side. I doubt if hardcore NumberUSA supporter will believe this anyway but we need turn the fence sitters around which may be the majority.

    Here is the first one:


    I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?

    Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.

    Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10

    http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html

    Example 8.

    Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.

    What kind of federal income tax returns will he file for 1999 and 2000?





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  • nojoke
    10-20 06:34 PM
    I missed on some of the conversation here
    - '92-'00 was a good economic time because of the dot com boom.

    It happened because of Al Gore and policies of Clinton

    - the repubs were in charge of the house and senate, and they helped in part to frame/pass the policies during that time.

    I thought they are in charge till 2006? So what got changed from 1992-2000 and from 2000-2006?
    - the housing sector debacle started in the clinton era, when the dems pushed the fannie may & freddie mac to lower the lending standards to give loans to the people who couldn't afford it. though it sounded like a good objective they all knew that at one point it would boomerang.

    This credit problem was caused by not only Fannie/Freddie but due to deregulation of banking and finance sector that started from Regan era. Republicans are so proud of deregulation.

    - the dems did that for their own purposes:
    1. to gain the support of the lower income/middle income population which they did.

    And for Bush to be proud of the ownership society that he bragged about in 2004.

    2. to fatten their own wallets-they changed the compensation rules so that the more they loan out the more their compensation. the dem guy in charge of the loaning agencies earned 90 mil in 6 years.

    Prove.

    3. the top two beneficiaries of contribution from fm/fm were guess who chris dodd & barck obama (barack got 130K in just 3 years). not to mention the favorable interest rates on their mortgage loans.

    Not True. The employees of the firm gave to obama campaign. Companies are prohibited by law from giving donations. On the otherhand
    The New York Times has published a separate list looking at contributions from "directors, officers, and lobbyists for Fannie Mae and Freddie Mac" for the 2008 campaign cycle. That list � using figures from the Federal Election Commission � shows McCain receiving $169,000, while Obama received only $16,000.

    - the US has prospered so far because of its capitalistic philosophy. it has advanced innovation, and entrepreneurship, because innovators know they'll be compensated for their hardwork. barack recently claimed he want's to spread the wealth around which is a socialist philosophy...you've seen that in the communist countries (no growth, poverty, and low standards).

    FOX news talking point. He meant tax the rich to give tax break for the middle class. If you are super rich then I understand your anger.
    Unregulated capitalism will cause serious trouble. We just found that out.
    [/QUOTE]

    - barack has had no accomplishment at all...no executive decision made, no major legislation (bills) introduced or passed (let alone through bipartisan efforts). so all of a sudden to assume he's going to bring change is ridiculous. hillary would have made a better president of course the press decides/controls everything now.

    It is leadership skills. Not the most experienced skill that is needed. He obviously has the skills since he defeated the great clintons.

    - look at the huge spending plan he has (free giveaways to everybody)...to fund that he'll tax you and I (take away whatever money we've saved).

    FOX news talking points. He said he will give tax cut for middle class. Moreover McCain's spending plan is will have a deficit of 1trillion compared to 750billion from obama's plan. Google.

    - he's ambiguous on everything...he changed his initial position on almost everything, and not just once (again according to the audience)

    FOX news talking point again. No proof. McCain said economy fundamentally good then bad, he has a long list. I don't have time http://www.bi30.org/wordpress/flipflopper.htm

    I don't think we need to go thru all this again. all i care now is my gc, and I don't think obama is for it. even if he says he's for it, you can't trust him. he'll change his position when it becomes unpopular.

    again be rational in your thinking.

    p.s with the limited time I had I wrote all this...so don't pounce on any gramatical errors (of course the dems like to do that).





    diptam
    06-30 06:57 PM
    Sounds like a plan - let us know what's the next step.

    I got little demoralized last evening but then worked from 11 thru 3 AM to double check everything and i mailed today by USPS Express Mail ( it should reach July 2nd )

    Thanks again for your leadership.

    Diptam





    tapukakababa
    07-18 11:30 AM
    I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.

    We will just have to wait and see till our checks get cashed!

    see my earlier post