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  • styrum
    12-19 03:30 PM
    that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.

    Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05
    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf





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  • rvr_jcop
    02-18 10:12 PM
    Aachoo, downthedrain, jazzbytheway, sushilup, rvr_jcop -

    question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
    question 2) did both you and your spouses I485 cases receive RFE?
    question 3) did both you and your spouses case have an LUD after RFE?

    have you guys received the RFE notices and if yes, what is USCIS asking

    thanks
    Sree

    No RFE in our case. Just a soft LUD on 02/10 on both of our 485's. I had LUD on my AP thats yet to be approved, though my wife has not applied for any AP> Wondering if they just cross checking 485s for AP approval. And no, mine is not transfered case. Its always been at NSC.





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  • eb3retro
    09-19 03:08 PM
    Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.

    Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...

    Question remains open:

    1. When are they going to increase the GC quota?
    2. When congress id going to do something?

    I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............



    sorry i have to ask you this question, (after seeing your post), did you attend the rally??





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  • badluck
    07-27 03:02 PM
    I am July 2 filer...

    I mailed second set yesterday...

    Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.

    I am smart...;)



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  • dpp
    07-19 02:05 PM
    Q : Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.


    Check this.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD



    I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.





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  • kk_kk
    06-10 11:25 AM
    EB3 India: November 1, 2001

    This shows .. EB3 India may not be moving forward for much of 2010. May be it will move to Apr 2002 by Oct. 2010. Very disappoiting :(. We really need Visa Recapture or CIR.



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  • hiralal
    06-18 08:24 PM
    the best way to get more support is to be more inclusive .... what I mean is 1) either we have a parallel campaign for those who are on EAD's only 2) add EAD issue to this campaign too.
    ------------ on a side note, I wonder what the effect would be if we were to have a campaign saying that we may end up walking away from our homes (jingle keys) because of visa delays / denials ??
    btw ..it is still not late to link immigration delays to housing ..see the latest article below from Reuters
    ... by demand it means new buyers and immigrants are big part of that !!
    ------------
    Housing Sales Lackluster This Spring: Coldwell
    This year's peak home-buying season was lackluster, as buyers seeking to trade up to larger houses were absent, said the head of one of the country's largest real estate firms.

    Jim Gillespie, president and chief executive of Coldwell Banker Real Estate, in an interview with Reuters, said sales were only modest during the spring, with demand overwhelmingly dominated by first-time home buyers and investors.
    AP

    "The more important 'move-up' buyers were absent and that is not encouraging," said Gillespie, who is based in Parsippany, New Jersey.

    Move-up buyers are those seeking to trade in their current home for a larger one, and Gillespie said that group is important for sustaining a healthy real estate market.

    Because of the sharp decline in housing prices and the collapse in consumer demand, homeowners are having difficulty selling their current homes to move up to pricier properties.

    "They are key to a U.S. housing market recovery," he said. Gillespie said some of this lack of demand could be alleviated through more incentives. He recently met with U.S.

    Congressional leaders to discuss housing, and said he supports a bill currently in the Senate calling for a $15,000 tax credit for all buyers of primary residences, with no income limit, for a period of 12 months.

    The current $8,000 tax credit, first passed in February as part of a $787 billion fiscal stimulus plan, is limited to first-time home buyers and expires at the end of November. The proposed plan would expand eligibility to all home buyers and increase the credit to $15,000.

    The U.S. housing market is in the midst of its worst downturn since the Great Depression. Home prices have been falling since peaking in the second quarter of 2006, and the Obama Administration has tried various measures to restore that market through tax benefits and temporary halts to foreclosures.

    "Congress is focusing on the foreclosure problem, which is a good thing, but they need to focus more on the demand side," he said. Gillespie said market realities have come to bear as well.
    "Many people got spoiled by mortgage rates at 5 percent and below," he said. "When the mortgage rate rose above 5 percent, it spooked many buyers who were already hesitant," he said.





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  • Marphad
    05-18 01:22 PM
    Quotas are exactly the reason I cannot go back to India ever...I absolutely hate them....There is already classification under EB category....BTW I have a MS in EE from Auburn University....Best bet for us is lost visa recapture.....

    Me too!



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  • knacath
    08-20 02:15 PM
    Expedite request approved yesterday. Hopeful.....





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  • Better_Days
    04-09 04:26 PM
    ...

    You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.

    This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.
    ...
    The human being is like a tiny and replacable cog in the system.
    ...
    Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess....
    ...
    Sorry, seeing this week's H1B brings out the pessimist in me.

    Damn, man it feels like you are reading my mind.

    Irrespective of the immigration impact and its direct effect on me, I have tried analyzing the situation at the macro level and I end up at the same conclusion.

    Health care, immigration, social security insolvency etc. no one cares about anything. Companies want to bring skilled labor in and it is being decided by a lottery!! I mean give me a God damn break. In the supposedly knowledge-driven economy, skilled workers are being selected by a lottery!

    Medical emergencies are the leading cause of bankruptcy and there is just talk on the issue, no action.

    Farms are shutting down and moving operations to Mexico. So now the oil will come from Middle East, manufactured goods from China and food from Mexico. And people are Ok with that because "companies just need to pay higher wages to *American* workers" So on top of $ 4 /gallon gas, we will be paying $ 8 for tomatoes.

    There are not the marks of a prospering or forward-looking nation. May be I am becoming cynical as I grow older and may be things are no better in other countries like Canada, UK etc. But sometimes I feel as if I am watching a bad comedy show in slow motion. I question myself if my son, a US citizen by birth, will end up growing in a 2nd world country.



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  • leoindiano
    08-07 03:22 PM
    PD : Nov 2004
    RD : July 25 2007
    140 Approval : Oct 2006

    Anil, Your receipt number start with EAC****?





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  • tikka
    05-30 09:28 AM
    Since your I140 filed after 15th of May 2007, you have to re apply through the new point system.

    Hi ddeka
    could you please take a few minutes and send web faxes?

    thank you



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  • amitjoey
    02-01 02:30 PM
    OK, they'll raise the fees (I can live with that). But how do we improve the chances of better services?
    USCIS is asking for comments....If IV would be so kind as to submit comments for the raising of the fees. I humbly throw these out for discussion:

    Accept the fee increases providing:
    1) That USCIS propose public standards of reducing processing times to 30 days+10 day security check.. Automatically produce an EAD if it takes longer. Hey. We're all still in the country whether the process succeeds or not right? We would just appeal, submit more info or beat it until it's done. Who's any safer?
    2) That RFEs not be used to manage work levels. Plus they ought not to reset the 90 day clock to zero if they issue one. That is ridiculous and unheard of.
    3) That they simplifiy applications (a la Canada) so that "lay persons" can (carefully) fill in the forms. Lawyers not required.
    4) That the USCIS abide by the laws. Especially regarding FBI name checking. We have a duty to follow the law. I'm careful to do so. The government should be careful to do so as well.. Call me a radical.
    5) That they publish proposals to stream line the process with modern business methods and concrete goals. The increases should be tied to fulfilling stated goals of improvements of service. Otherwise they roll back. Have a 3rd (independent) party decide if the goals have been met in three years.

    If we tax payers are giving them extraordinary increases in fees, we should at least expect some meaningful process improvements. Simply claiming that they need-the-cash-for-process-improvements is not sufficient. What is to prevent them from using the money to give everyone big raises and bonuses and a nice fancy new office, and big fancy new computers if they're going to continue to use paper and use the computers to access rickety old systems with terminal emulators? I'd love to deal with happy USCIS employees, but I'd love it even more if I had to deal efficient USCIS employees. (Give them the tools and they'll be happier!)


    Excellent, Please write a letter, you can submit it in your personal capacity as a US Taxpayer and a USCIS Customer.
    Please also post it, we can all use it as a template to write something similar and post it.





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  • kartikiran
    12-28 09:39 AM
    For AP renewal, do I need to send photos by mail again? I thought USCIS uses the picture on file. Folks please correct me if I am wrong. Could some one PM me the letter format?
    Appreciate your help
    Yes. Send 2 photos with your name and alien # written on the back.



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  • GCapplicant
    07-08 04:43 PM
    Nothing much is going to happen.she clearly has said 6039 is gone.So recapturing no doubt its also gone.

    They love illegals than us.Immigration reforms means illegals,amnesty and citizenships.

    I havnt received my AP applied Jun 29 2007.Nebraska.

    Whenever we call them they have a standard answer 30 days,then 60 days.

    Latest 30 days.

    Its the same for GC too.

    They are least bothered.CHC must have been everything.Is every immigrant genious,scientists,doctors,engineers like they have argued.They cannot build wall with only so called expected genious.

    Discrimination to the core.

    Not even next summer.

    may be they will do for amnesty.so they can again boycott us and be busy with those applications.Lawyers can also earn well.

    Great! God bless us.





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  • bomber
    08-08 06:46 PM
    Does that mean 180 after the I140 is approved or 180 after the RN of the I485 as long as the I140 is approved? (Even if it has been approved for only 2 months)


    You are right...
    180 after the RN of the I485 as long as the I140 is approved Even if it has been approved for only 2 months or days!



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  • addsf345
    01-09 11:18 AM
    Hi,

    I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.

    So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?

    Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!

    Appreciate your answers.





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  • qualified_trash
    12-13 04:15 PM
    What makes you this guys advocate?

    A lot of us can do and will do many things. Your argument does not stand ground. I dont ahave anything against this guy. I have a problem with the system that permits this activity. Because its not fair. By the way I seriously doubt this happens to people in my situation. This is typical of "desi consultant companies". So once again pontiff i dont have a grudge against this guy but the system that allows this to take place.
    finally we agree!! I agree that the system is inherently unfair.

    but the folks taking up cudgels on this thread seem to go for the poor poster's head :-))

    as I have said earlier, if this person does jump ahead, he/she would have jumped ahead of me, and you and many more like us.

    but, he/she is doing what is best for themselves. would you not? peace!!





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  • kghoshal
    12-21 11:47 PM
    Indeed it was great Christmas new. At last.





    jungalee43
    03-18 04:02 PM
    As already reported if SJC can send their bill on March 27, their bill would replace the bill braught by Sen. Frist. We all know that Frist bill is more positive than Specter mark? Should we start sending faxes to SJC to include identical EB provisions as Frist bill in SJC bill also?





    saggi13
    02-17 09:56 PM
    labor was perm
    ----
    dont know for sure but i think my I140 was mar 07 and was approved may 2007
    will check the dates and will confirm...
    ----
    Case received at Texas Service Center - july 2nd 2007. (monday of the big chaos)...had mailed the case on Sat(before chaotic monday) thru DHL overnight
    Case transfered to NBC - Dec 2nd 2007 (me & spouse)
    Case status changed to interview - Dec 4th 2007 (me & spouse)
    Preliminary process complete USPS mail - Dec 4th 2007 (me & spouse)
    Case pending at the USCIS office transferred to email - 02/12/2009 (me & spouse)
    RFE - 02/13/2009 (me & spouse)
    Soft LUD - 02/17/2009 <------ (me & spouse) (here is where i think the RFE notices are being printed today and will be mailed - we should probably get them by this Friday 2/20)

    assumption 1 - Being that both me & spouse received RFE, i am thinking it mostly is either health records, finger prints, photo graphs, or signatures (we had g-28 to let our attorney sign on behalf of us and they (uscis) might need original signatures)

    assumption 2 - Worst of all because the status changed to RFE on 2/13 and we might not get the notices till (02/20) we lose a whole week just waiting on the notices and we will have mere 3 weeks to respond back

    likely fact - for whatever reason we are very few folks who are in this boat with same pattern and have to stick together to see where we will end with this

    S



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