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  • Canadianindian
    02-04 09:33 AM
    Recently got Laid off. Here are my details:

    -485 has been pending >180 days
    -PD: Feb 2006
    -Last day of work is 6th March, 2009
    -EAD valid for another 6 months or so.
    -I am working on H1-B, which is valid till 2010.

    I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.

    My questions are:

    -Can one stay unemployed on EAD without jeopardizing the GC process?

    -Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
    -Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
    I mean when do I have to inform USCIS if at all?

    Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?

    Contributions: $350 +
    Led various fund raising efforts for Tristate Area
    Was in the DC rally
















    Priority Date: Feb 2006





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  • nomi
    12-12 04:59 PM
    All of the documents in this link are written by
    "Micheal Aytes /s/,
    Acting Associate Director, Domestic Operations
    U.S. of Citizenship and Immigration Services
    Department of Homeland Security"

    I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.

    Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?


    what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.

    What do you guys think ??





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  • gc_on_demand
    11-12 03:24 PM
    Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.

    Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
    (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).

    Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?


    To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.

    What if we end up getting response that there is some action needed from Lawmakers to correct law..

    just random thoughts.





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  • webm
    03-17 01:48 PM
    Current as per the April'08 bulletin

    Adv congrats!! dude



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  • Administrator2
    04-20 04:17 PM
    I will get it posted on various internal mailing systems of sun. Will bring the banner www.immigrationvoice.org

    Sanjeev


    Thank you Sanjeev. That will be very helpful.





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  • masouds
    02-16 12:18 PM
    On one side you are praising the bigotry of 1940's and racism and on the other hand talking unity. I am sure you are are looser in your life and now Indians and Chinese are your targets since you don't know the meaning of competition. I am not going to waste my time as I am not even sure who planted you here. If you are really not a non-immigrant phony, please state your contribution to the IV efforts. Otherwise we don't need a racist punk like you. Now get off my back:mad:
    I have contributed $200 to IV, during (or a bit after) the July-August gold rush. I just don't feel like showing it off to everyone. And you calling me a loser (and not looser you moron), a planted and a racist punk is really funny, since *I* am the minority here. Without your own knowledge, you are a better supporter of status quo than I am as you show your true side to everyone here.



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  • weasley
    02-12 05:38 AM
    True. We need members like desi3933 ( got GC and citizenship), United Nations (think he got GC) who spend time here and provide real details. I have read many posts of Desi3933 which are really helpful and he does speak with facts.


    we need folks such as desi3933 here. No where he vented any frustration. Take your garbage and frustration some where else.





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  • sodh
    07-23 03:39 PM
    Do you have any document from CIS? Need some proof to fight.
    Important missing documents,USCIS can reject an application on their discretion, no need for RFE.



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  • DesiGuy
    09-11 10:56 AM
    another hurdle and another uncertainty. wait goes on...





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  • arudalas
    09-10 02:41 PM
    www.cspan.org/watch/index.asp



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  • WeldonSprings
    02-13 05:12 PM
    By ensuring that Indians do not get H-1 B visas and don't require their services; the US Government is building Trade Barriers in terms of Indian Goods sold there!!!

    WE DO NOT WANT COLGATE, VICKS, COCA-COLA AND PEPSI IN INDIA. THROW THEM OUT! THEY REMIND ME OF BRITISH EAST INDIA COMPANY!!!

    Skilled immigrant not mucho good googling....:D

    The Indian Consulate, New York, provides information on the relevant
    Visas. It appears you will have to apply for an Employment Visa. There
    is detailed information on the page and a Visa Application Form. I
    note there is also a Journalists Visa which is for three months. I
    don?t know if this is applicable to your situation.

    This is some of the relevant information.

    EMPLOYMENT VISA: Employment visas are initially issued for one-year
    stay. A copy of the contract with the employer has to be enclosed.
    Kindly note that Employment Visa is given only for jobs that require
    very high level of skills and expertise. This can be extended by
    Foreigners Regional Registration Office in India, if the job contract
    continues. Spouses and children are granted co-terminus entry visas on
    request.
    http://www.indiacgny.org/php/showContent.php?linkid=23





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  • desibechara
    10-12 03:39 PM
    I am..

    EB3 India..PD Oct 2001, LC certfied on June 19,, got in hand on July26
    Applied I140, I485 and I170, I130 on Aug7
    NSC..receipts Sep19
    FP notice for Oct 30,have not recived for wifes' FP notice
    EAD online notice for both of us ..on Oct 9

    I understand lot of people are anxious about GC..but look at dates!!!

    Its been 6 years..


    DB



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  • eb3_nepa
    07-01 09:40 PM
    At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.

    IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.


    What exactly CAN the IV core even do about this? I mean no disrespect here, I am just trying to imagine how IV can even help with this issue?





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  • amitjoey
    08-11 10:21 AM
    Most of the Eb3's are either working for big companies who won't do GC in EB2 or not qualified for eb2 ( so called 3 year degree ) and enjoying all these years when they know clearly eb3 is not going any where ...what in the world prevent them to move up the ladder and porting their PDs ...They dont want to take any risk and just show their frustation in internet forums

    As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."

    Mr Path of Joy
    I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degrees for an EB2. But it is not as simple as you make it sound.
    A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.

    I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.

    So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
    Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.

    Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.



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  • pray
    08-17 08:55 AM
    Chill guys just kidding no point getting worked up about all this.I know it's causing a lot of angst.The best course of action is to get back to our lives and let the chips fall as they may.





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  • greyhair
    02-12 02:16 PM
    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

    Please let me clarify. This is not a question of ambiguity in the meaning of the message. Its crystal clear. One immigration body shop said that 13K visas are wasted by USCIS. It has been proven with facts that the statement made by immigration body shop is factually incorrect. Its not the first time. But you continue to ask others to look for proof of USCIS wasting visa numbers even after looking at the data. I am totally perplexed by the obsession with immigration body shop when repeatedly similar inflaming messages have been discredited in the public arena. :confused: When is enough, enough.



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  • dilvahabilyeha
    06-18 02:23 PM
    Hi friends,
    Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.

    ------------------Here is the lawyer email---------------------

    As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
    1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
    http://www.uscis.gov/files/form/i-485.pdf
    Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.

    2. Form G-325, Biographic Information. You can find this Form on the Internet here:
    http://www.uscis.gov/files/form/g-325a.pdf
    Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.

    3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
    http://travel.state.gov/passport/guide/composition/composition_874.html

    4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.

    5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.

    6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

    The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
    Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
    http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf

    Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.

    7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.

    8. Employment Verification Letter. I will forward a format for this letter to your employer.

    ---------------------------------------------------------------





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  • prioritydate
    12-20 08:59 PM
    That's just another proof. A person who accumulated more than 180 days of unlawful presense is inadmissible into the US (at least for 3 years).


    Wow! I would have gotten a shock of my life!!





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  • pmb76
    03-16 02:56 AM
    You are now "a more frustrated fool". Your desparation shows what you really are.

    desi485, These desi employers can make a Eb-2 out of any damn fool. It is these dishonest employers and plus the individuals who want to take a shortcut even though they do not qualify for Eb-2.
    I have been in this country for 10 years now. Have a Masters degree from a top school and am still stuck in this process. I hate it when some stupid commerce graduate or diploma holder from India cuts the line and qualifies for Eb-2. Not to mention the evil people who do labor substitution. Did your friend have a Masters degree to qualify for EB-2 ? He probably managed it through some desi firm.
    So I am right in criticizing interfilers coz they DO NOT deserve EB-2. Interfilers go to HELL !!





    clif
    03-12 02:00 PM
    BharatPremi,

    So you gave up H1B and moved onto EAD? Is it because the new employer is not interested in H1B transfer or some other reason?

    Also, my I140 was approved in 2006 and I1485 filed in July last year (both with a large, well-known company). If I change employers now and work using EAD, are there any major issues that can arise? Like furnishing of audit reports, etc?





    HarshJ
    10-13 12:18 AM
    PD Sept 2001
    Labor Approval Jan 2007 (Yeah almost 6 YEARS !!)
    I-140 RD Mar 12 2007
    I-485 RD Jul 23 2007
    Received EADs, APs and I-485 receipts Sept 23rd 2007

    Waiting !!:(



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