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  • raysaikat
    07-15 06:09 PM
    Hi,

    I have an EB2 I-140 approved; PD Aug 29, 2007. The corresponding LC was filed with "Special Handling" for university teachers.

    1. If I change into a non-academic job, then can the PD be retained when I refile?

    2. If I go out of US for a few years (say 3-5 years) and then come back with a new job, will I be able to retain this PD when I refile?

    Thanks for your time.





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  • AllVNeedGcPc
    07-03 11:11 AM
    Deleted personal info as "Question was never answered"





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  • snathan
    01-16 07:20 PM
    There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.

    NB: I am not a specialist in law

    We need to come up with a road map and how to fight?





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  • msp1976
    05-10 04:47 PM
    Other countries donot have large enough economies to absorb as many immigrants as the US does...The US accepts 800K + immigrants every year..
    Austrelia accepts 120K+ canada 220k+ Nobody matches the US in sheer numbers and standard of living immigrant can achieve. All the rest is baloney...



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  • srikondoji
    06-26 12:32 PM
    nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.

    Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.

    Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.

    That's what your lawyer said. Right?





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  • qplearn
    10-23 01:02 PM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.

    Best of luck!



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  • maximus777
    08-19 10:51 AM
    Another story doing the rounds.....

    SRK as usual did not comb his hair and was dressed shabbily...

    Immigration officer: Who are you?

    SRK with a loud voice: " Im KING KHAN ".

    Immigration officer: What......???

    Other Immigration officer: Sir! He said he is KING KONG.....

    Immigration officer : Guys catch the monkey in disguise......

    SRK: Maahaaa Maahaa Maahaa Maahaa Maahaa...

    Immigration officer: Sir...Howz the monkey sounding like a Goat????

    So this is how SRK was caged in America...

    Good one! LMAO :D





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  • gvenkat
    02-13 02:42 PM
    What ever gave you the idea that EB ROW only wait for 3 years?

    i said on an average.. and that is the fact.. ROW is way better off than India/China... there are always exceptions...



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  • gc28262
    01-14 01:14 PM
    V true.

    Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
    H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
    But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

    Nathan is exactly right. These firms have created a mess by bending rules everywhere.

    Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).

    You are wrong. Look behind the scenes to understand what is really happening. Who forced this memo ? Who made this lawmaker to write letters to USCIS director ? You were not watching while all the background work was being done by anti-immigrants.





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  • extra_mint
    09-15 12:26 PM
    Totally Agree with your assumptions, there are few more that can be added like

    Some 3-5% people with PD 2005 - 2006 are already approved (as low hanging fruits) during 2008 Aug-Oct period.

    Also recent span of RFE's by USCIS (for preadjudication) resulted in flushing out of some applications

    In short pending EB2 numbers that you are taking into account will be 10 to 20% less and available visa numbers from spill overs will be 20 to 30% more than what you projects. So forward movement will surely be there.

    However there is a doubt related to spill overs every quarter !!
    Allocations are surely made on quarter to quarter basis but there is no certain precedence in the past for spill overs, well i would say the past has been shady

    I recall once VB where EB2 I was giving numbers from EB1 and this was before the last quarter (happened in FY 2008). We have to wait till Dec, 2009 Bulletin.




    The analysis is very optimistic and does not account for

    Duplicates (multiple I-485 for same person)
    Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
    Upgrades (people had EB2 perm but got GC in EB1 category)
    Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)


    If they all makeup to 10-20% of applicants then the PD will move much faster.



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  • anai
    06-28 03:38 PM
    Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).

    IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.

    Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.

    So, what did your lawyer say? Would sure love to know, once you hear back.





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  • Michael chertoff
    07-30 09:28 AM
    This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.

    It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
    We know 2005 is a lean year.
    It is likely that it will take almost a year before EB2-I dates advance beyond June06.
    Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.

    When people with PD June 15 2006 will get the greencard???



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  • manderson
    02-12 12:09 PM
    pls read my post. I said EB3 ROW

    are you dreaming ... India EB3 is 01AUG01





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  • PlainSpeak
    01-13 03:38 PM
    Plainspeak - From one girl to another - you have a lot of time to kill :) For members who did not get worked up by your post, everyone has had a good laugh! Thanks.

    Trying to have a discussion on your points is meaningless (at least to me) as I do not believe in conceit.

    BTW, you don't have to respond to my post, as I will not be checking it.
    Plainspeak - From one girl to another - you have a lot of time to kill For members who did not get worked up by your post, everyone has had a good laugh! Thanks.
    You know from one girl to another if you are trying to be scarcastic please dont because you do not know how to. Just come out and say your piece and if it is appended with abuse (Well whats new with IV members)

    Trying to have a discussion on your points is meaningless (at least to me) as I do not believe in conceit.Meaningless.
    Did you say the same when the flower campaing was done and let me tell you that one succesfull campaing was after of 100 failures. So for you to decide on my points as meaningless is your right to do so and yes even say it out aloud in the forum (To get some laughs at my expense. I donot mind hey it is a free country). What can i say. An effort is an effort and there is no belitting it. Conceit whaaaaa wheeer wheeenn Ok i will let it slide...............

    BTW, you don't have to respond to my post, as I will not be checking it. Oh
    but i do because whether you check it or not i wil lreply back becasue here on a forum an answer is a sign of respect



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  • EkAurAaya
    07-10 11:41 AM
    Dude you just gave me goose bumps! You should forward your heart felt note to media outlets!

    I sincerely wish you the best! God Bless! Good luck with everything...

    At least you wont have to worry about "visa-status" "legal/illegal" "H1b" "H4" Labor Cert" i140" i485" EAD" AP"... F$#% that! :D





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  • logiclife
    06-26 01:17 PM
    Thanks for making me look like an idiot in front of my lawyer and HR, everyone.

    Based on RUMORs, I asked my lawyer this question:

    I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.

    And I got this reply :

    Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.

    See, hear that ? "NO WAY FOR USCIS". Now, I dont know why some lawyers are spreading this nonsense that "BEWARE, USCIS will stop accepting new petitions if they receive 'too many petitions'. What is 'too many ??? Who defines 'too many'? Is 'too many' defined as the time when the mail room clerk gets back pain from lifting boxes of petitions ? Or the guy printing 485 receipt notices gets carpel tunnel syndrome ?

    PLEASE PUT THIS IDEA TO REST. USCIS WILL ACCEPT PETITIONS THRU JULY 31, NO MATTER HOW TIRED THEY ARE AND NO MATTER HOW SICK THEY GET OF SEEING 485 FEDEXes COMING IN DAY AFTER DAY AFTER DAY. GOT IT ????



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  • bazuka6
    09-23 10:18 AM
    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

    Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.


    If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.

    Who to write to

    Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).

    You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).

    Please use valid email addresses and NOT fictitious/junk mail. It undermines the whole purpose and our emails will be flagged by mail scanners / spam checkers as some thing similar to famous Nigeria bank account scams.


    Email Subject: Proposal to alleviate current US Housing/economic crisis

    Content/Message

    SUMMARY

    This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis � the illiquidity of the national housing market. The above calculation is done
    assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.

    BACKGROUND

    Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.

    It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.

    SOLUTION

    Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.


    How can Employment based Immigrants help alleviate the housing problem?

    (1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.

    (2) Average income of these individuals/households is around 65,000/130,000 USD.

    (3) All these Employment based immigrants have gone through Department of Labor�s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.

    (4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.

    (5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most � at the banks.

    (6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.

    (7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.


    As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.

    END OF CONTENT

    Great Draft ..Thanks IV





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  • poorslumdog
    05-03 01:50 AM
    Did you ever heard about a frog in well story!:rolleyes:

    JaiHind

    Yes...you singala racist.





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  • paskal
    12-14 05:55 PM
    it's clear as pointed out above that we peters and pauls here.
    iv is not striving to remove country qiota in isolation.
    that said, those who benefit will always justify it. it is human.
    my personal view remains the same: discriminating between two individuals by country of origin is wrong. period.
    thie country recognizes that fact in EVERYTHING, except immigration, and that has a long history of fear and restriction behind it.
    i guess until one feels the effects of being on the "wrong side of the fence" it's hard to see this picture.

    meanwhile this is going too far and i will close this thread forewith. wake up people - there is barely any difference in EB3 india and ROW...so what's the deal with swamping? and if one country gets more GC numbers...maybe ...horrors...it's because it has more applicants???

    those who support this "diversity" crap- you will find your own "quotas" somewhere sometime someday for sure. then please remember that it's ok to take away from you and give others for any chosen reason....

    i get the last word. sorry! :-)





    sunty
    02-13 01:47 PM
    After reading all these comments specially the one from walking_dude, I think its prudent of IV for engaging USCIS in a constructive way....Even though it is very frustrating for us now, it would be a mistake to cut all connections to USCIS by a lawsuit..

    Lawsuit should be explored as a last resort for relief and I am for it..

    There are a number of things:

    1) A lawsuit cannot increase the GC visa numbers. Courts cannot change the law. The only relief we can seek through a lawsuit is to recapture the wasted visa numbers in the previous decade that amount to 218000.

    2) No matter how angry and frustrated we are, we should keep our cool heads and contribute as much as we can to the letter campaign. This might achieve some results. If it happens, it will provide big immediate relief and help reduce the backlogs.

    3) Lets see what's going on with the "Scaled down CIR type" bill House Dems are talking about, as mentioned my Greg Siskind etc. Hopes for this are low but no harm in hoping.

    4) I do see the light at the end of the tunnel. Once the new President steps in(Democratic or Republican), full-blown CIR would be revived. For legal EB immigrants, it would overhaul the whole GC system, making it point based and would most probably include EB visa reacpture and visa increase. This might happen in early 2009.

    5) With USCIS hiring 1500 employees and adjucators, processing times might improve.

    This is the time even the lawsuit would take to get some relief, if at all.

    So, let's be patient and keep the lawsuit option (if it possible) absolutely as a last resort.





    pappu
    01-13 04:52 PM
    We need a thorough analysis of this document and an assesment how it affects our membership. If this is something our members want IV to discuss with USCIS, we can do it. All those affected by it, and willing to volunteer can contact IV to form a team and work on the analysis of this document.