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  • Nil
    03-15 03:10 AM
    As mentioned by some others in the same thread: a lot of employers are also taking advantage of this situation.

    i was one of those who was forced to file EB3 despite qualifying very well for EB2. The pretext is job description, although same job description has personnel applied for in EB2.

    Quite a few of the EB3 crowd has had no choice, but to be herded in the slowest category to benefit the employer.

    How can we highlight this?




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  • deba
    08-20 11:25 PM
    I did the same thing for my PIO card from Houton consulate. Included the $20 fee and received my PIO card within a week by FedEx.




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  • kolantiIV
    03-23 04:24 PM
    I think OP posted on Murthy fourm too. This is reply from a user at that forum.




    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1321092881&r=5131043881#5131043881

    OP, Desi3933?




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  • gc_mania_03
    06-13 10:29 PM
    I am sure we are all rejoicing and this is surely a cause to celebrate.

    But, the battle is not over yet. I hope once most of the members get their 485/EAD applications rolling, they will get back on track and fight for the real objective. To obtain our green cards in time!! Dont forget the wait is NOT over yet...

    I am sure we all are going to be a lot rejuvenated and continue fighting retrogression with greater zeal..

    Just to set the record straight even I benefit from the visa update, but I hope we dont slow down at this juncture...

    waddle along folks...

    -gc_mania_03



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  • saimrathi
    07-05 08:51 AM
    Wow, that sucks..

    my app reached USCIS on July 2nd. I called up USCIS, the lady read the July Bulletin update word by word and then told me that my application will be rejected and the original documents will be sent back. She did not have an answer on how soon this will happen.




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  • delhiguy79
    07-22 12:57 AM
    yea it is written but not in the secion of initial evidence ....

    So its still a big confusion...............



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  • laxman
    07-10 11:48 PM
    Hi,

    I have my H1B from company A.Now I am planning to have H1 transfer to company B. I don't have a record of the experience letters(2000 - 2003) I submitted when I filed my H1b through company A.

    Now when I am applying for H1 transfer from company B can I just submit the experince letters from 2004-2007 including the letter from company A so that they don't contradict with what I have submitted before??.

    I would also be submitting my education evaluation,w2s,recent paystubs etc. The problem is only with my previous experience letters.

    please let me know if this is okay or can there be a problem.Any help would be greatly appreciated. This is urgent for me!!!

    Thanks
    Laxman




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  • gc28262
    05-17 12:05 PM
    Cool Interface !

    Completed my part.



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  • acecupid
    07-15 06:14 PM
    Here is the actual text of the visa distribution law. Also available on USCIS website.


    INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
    Sec. 202. [8 U.S.C. 1152]
    (a) Per Country Level. -

    (1) Nondiscrimination. -

    (A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.

    (B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-

    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).

    (b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-

    (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;

    (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.

    (c) Chargeability for Dependent Areas. - Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in section 201(b) , shall be chargeable for the purpose of the limitation set forth in subsection (a), to the foreign state.
    (d) Changes in Territory. - In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.
    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).




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  • LostInGCProcess
    06-12 04:27 PM
    Problems will not go away. Such incidents may happen elsewhere or in the same place.

    If Air France was genuine they should have made everyone stay in the same place or atleast talk to theie department of immigration and arrange a temporary supervised visa and take all people to the hotel.

    They just did not care

    Chanduv, I totally agree with you. I wanted to vent out my frustration and I did my part by writing to them. I wish those who agree must also write and let them know that they are not going to fly AF again. BTW, I am not going to fly AF even if the price of air ticket is competitive.



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  • NolaIndian32
    04-30 01:03 PM
    Thanks psvk, xlr8r, 65B4GC, asanghi, pcs and gova123!!!

    Thanks for your support and contributions!!

    Go IV




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  • mhtanim
    09-12 07:50 PM
    After searching on google, i found almost 20 cases on first 2-3 pages itself indicating the denial notice and MTR.

    I think they are just sending denials to put us in another limbo.... Its going to be the hardest and longest 10-15 days of my life........

    Please don't get too frustrated. If they denied your application by error, they will have to approve it when you file for MTR.

    By the mean time, you may want to get in touch with a reputable lawyer who has experience in such issues. I can suggest you few if you really need one.

    Remember - if you have never been out of status, never committed a serious crime, and all your documents are in good shape, it will be hard for the USCIS to deny a MTR.

    Please PM me if you need some reputable lawyers' names.



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  • mbartosik
    09-25 01:04 PM
    RE database of members' attorneys

    Now when explained like this anyone would understand. Also do see the point you are making and is worth a try. Is the core team looking into this? Do they need any assitance from us?

    This is something that we have not had time to discuss yet. I raised the idea a few days ago, but we are all very busy currently. btw I am not an official core member, but recently very active.




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  • bigboy007
    06-09 02:02 AM
    The Point system that this bill refers to is a BS , look at even canadian system they differ upto some extent on these. But the key point is this bills retroactiveness , it simply puts all those ppl stuck in BEC out of scope , the point system is not tried too , just becoz the managers of these senators thought this is good by getting a hybrid point system of Canada, Australia and UK is good enough ? This point system is worse than current sytem no matter what ever it might be good for some but logically , technically its flawed



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  • waitin_toolong
    06-24 12:13 PM
    same would go for a child born this year




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  • prem_goel
    08-19 04:30 PM
    Anyone else having problem or I am the only one?

    I worked with Fragomen for my GC and H-1B application. I didn't had any complaints/issues with them. They followed up with me (twice) for renewing EAD & AP, but I went ahead and did it on my own. One thing I've observed though with Fragomen is their administrative office makes a number of mistakes sometimes. Like for me, I got invoices in error a number of times which when I worked with my attorney were taken care of. Also, on their client portal I noticed my receipt numbers were erroneously entered, which when I reported to them were corrected. I guess that could happen in any law firm. Overall my experience was good!



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  • mrajatish
    03-21 11:34 AM
    Exactly my thoughts - we should try our level best to get one of these bills passed (Specter or Frist) with our clauses in it.
    1. AC 21 clause reinstated or atleast have a fair distribution policy
    2. I485 filing after a certain wait time.

    If none of these bills pass this year, there is a chance we will be stuck for a long time in BEC/140 stage.




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  • amitjoey
    05-20 12:27 PM
    Numbers matter- If we want to be heard- we need to send the emails in 1000's




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  • Michael chertoff
    03-27 05:46 PM
    Dear All,

    All the infigting and ranting we do, only creates a lot of negative energy and negative vibrations. People will continue to do what is right for them and normally try to be in the right side of the law. There is no point discussing about this.

    Let us all be clear that within the next year, despite the spillover, both EB2 and EB3 will get absolutley clogged - I expect EB2 and EB3 nos to become more or less equal and clogged. This situation is not going to benefit anyone.

    The only possible thing is to try sincerely for some legislative relief, unitedly. Everyone knows that it is like moving a mountain. I spoke to many friends about IV efforts and tried my best sincerely to raise money for advocacy. It was a futile exercise. I felt so sad to realize that everyone I spoke to, was cynical and said that nothing would work out in our favour. Under such circumstances, it is essential that the very few who are committed to work stay united and sincerely try! For most of us with grown up children, this is the only way! Like it or not!

    Why cannot all of us atleast make a small contribution for the advocacy? What is the problem?

    Again, as a person who is seriously stuck in this mess with children on the verge of completing high school, I have very little options left. Most of the good colleges are NOT willing to consider "aliens" like us eligible for instate (local) tuition. Did anyone think of this? All of us will have to pay international fees! Who can pay $ 50000 per annum? Under the circumstances, please note that many of us will have to return to India or atleast move our families! I wrote a letter to my Senator about this and I got a response saying that he cannot do anything about it. Please think about all the consequences before wasting time on endless EB2 - EB3 fights!

    I also want to repeat what I had said a few months back. No immigration system that is not time bound is fair or transparent. With all the sincerity at my command (I have nothing to gain in the process) I would request youngsters in their early and mid 30s to seriously consider options in other "First World" countries which have time bound immigration programmes for highly qualified immigrants. It is an endless wait here.Do you want to spend the next 10+ staring at the visa bulletin very month? . I do not want my junior countrymen to commit the mistake of sinking in this quagmire. With due respect to all the hard work of gurus like Teddy and others, I still feel that it would take about 12 - 15 years for anyone of us waiting beyond Jan 2007 (though I do not wish for it). What would be the state of the economy then? Any thoughts?

    High time we stay focused and use this forum in a positive way!

    May the SUPREME POWER bless the Indian EB community!

    What is the guarantee that spillover will happen. I agree with your post. we all are stuck in this mess. sometimes i feel that , Coming to USA was a bad decision for me.. now its too late after spending 10+ years here.

    MC




    franklin
    09-25 04:30 PM
    Thanks, Andy. So, 80K LCs a year, 10%-15% of them will probably never get to AOS stage, 20% of those were duplicates (for people with petitions stuck in the backlog centers), so we are talking about 50-55K new labor certificates each year that will result in I-485. This is very consistent with 85K new capped H1Bs plus whatever number of exempt (non-profit research) H1Bs every year. So, we are talking about 100-110K total AOS applications (with dependents). Now lets take 140,000 EBs, substract Schedule A and EB1 (no need for LC), and there is probably 10K extra EB visas should be left over each year (quota less new potential EB petitions). Those are probably going to land in EB3 ROW. That means the retrogression will become less severe. What we are experiencing right now, is the rabbit that moves through the snake - the EB petitions resulting from a higher H1 cap several years ago.
    Let us not also forget that current estimates are that there are 1.1 million applications pending at all stages of the green card process. Notwithstanding the new additions each year.

    Not looking quite so quick still, I remain unconvinced that things will speed up.




    GCwaitforever
    07-08 03:56 PM
    The intent about letting foreigners come to work in US is to fill the gap between the demand and the local availability of skills. It is not about rewarding the foreigners academic skills.
    If you want to work here, then get skills in a field where there is a shortage here and you will not have problems with H1 sponsorship.
    When you did your Masters degree in US, you should have been more smart in selecting your area of study.
    Why should US allow foreigners to work against its citizens when there is no shortage of skill.
    Your frustation is understandable from your perspective but definitely not from a US citizens perspective.

    This is definitely a wrong advice. People pursue their passion and do their Masters in a field they like. People do not look around which field is giving a Green card. US is not dictating the job market in this global economy.



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