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  • tinamatthew
    07-21 01:31 PM
    I am new to this forum, so I am joining this tread.

    Hello,
    I worked up nerves to consult with the forum.
    Please read my history and answer questions below.
    Your non-judgmental and objective answers are greatly appreciated.

    I first came to the US on a tourist visa when I was 15 years old.
    I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.

    So here is the history:
    Dec. 1986: Enter the US on a tourist visa (age 15)

    June 1987: Out of status from the tourist visa for 10 years

    Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997

    July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)

    Aug. 1997: Reenter US on a F-1 visa

    Oct. 00: Initial H-1B

    Oct. 03: H-1B extension

    Dec.04: RIR filed (priority date)

    Sept.06: RIR approved

    Oct. 06: H-1B (7th year) extension

    Jan. 07: I-140 filed (pending approval)

    July 21, 2007: Preparing to file I-485 with the same employer since 2000


    So here are my questions:
    Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
    Yes that is correct

    Q2. If so, would I have to worry about getting the I-485 approved?
    I woudln't worry. You have a valid i-94 and have maintained status all this time

    Q3. If not, should I filed for I-485 at all?
    You have nothing to loose by filing

    Q4. Any suggestions or possiblities to consider?
    Did you hand in your first i-94, when leaving the country after overstaying for 10 years?

    Thank you.

    Hope this helps.





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  • desi3933
    09-18 09:47 AM
    Are you one of the admin or you know their secret locations?


    This is very rude and conveys what kind of person you are.

    It is amazing what frustration can do to a person. Get a life!





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  • WeldonSprings
    07-10 12:16 AM
    I would say for EB-2 India

    In 2005- 2500

    But I do not know how many would be EB-2 India in 2004 between Apr.-Dec.

    I looked at the links you have provided and I'm still not sure where your "50,000 EB2 India Labors...." came from. These numbers do not seem trustworthy or reliable.

    Here's data directly from the DOL ETA website.....
    3/28/2005 to 10/28/2005 there were a total of 15973 Labor certifications approved - that includes EB1, 2, 3, 4 for all countries, and 3734 cases for Indian nationals in EB1, 2, 3, 4. Of course a part of EB1 and all of EB5 don't need labor certs.

    If you download the database from the DOL website, apply filters for India, approved cases, then filter out all Level I in all non-managerial occupations, followed by non EB2 job descriptions - you end up with ~ 8 - 9% approvals for EB2-IN which is approx 1300 - 1400 primary applicants.
    In my estimates, i removed most computer programmer level occupations as the USCIS has been very reluctant to approve EB2 for these cases - i could be wrong here.
    As you see, it is IMPOSSIBLE for EB2 IN cases between 3/28/2005 to 10/28/2005 to be much more than 3800 (that is approx 3800 x 2 visas incl dep).
    A total of nearly 50000 EB2 IN applicants (including dep) for 2004 and 2005 may be possible.

    The massive retrogressions we are seeing is mainly because of the fact that only 15439 EB2 visas were issued in 2003, and 32532 i 2004 thanks to DOL backlogs and mis-interpretations of the law by DOS !!!! compare that with an average of 43,000 in most other years since the 1990s.

    I'm pretty confident that your numbers are incorrect





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  • abalu400
    07-21 12:54 PM
    First, deecha, and VZLAN you are brave men..hope you get through. When the immigration system is so arcane, you cannot blame yourselves
    ===============

    next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485

    I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.

    For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.

    Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007

    I am filing a self-sponsored I140. So, my question is:

    1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?

    2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)

    3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
    -=====-=-=-====-

    Please send me your perspectives.



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  • anilsal
    09-08 01:04 PM
    Lol no I'm relaxed enough...just worked up about the rally. I am attending and did contribute too. Am meeting some others later to put up more flyers. All this did was get me more psyched...no harm done :)

    Well, IV needs more like you. :)

    Meet you in DC. I will be at the IL chapter area.





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  • jetflyer
    04-15 09:35 PM
    Why? u looking for men..

    MC is available.



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  • santb1975
    11-28 12:32 PM
    ^^^





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  • leong
    09-07 11:03 PM
    Yes,, they did...
    Our forefathers travelled to the promised land in ships that were full of rats, without food or water. Several of them died while trying to reach here.
    Once here on the promised land, we had to fight our way to create a free society that you are dying to be part of. America is land of entrepreneurs.
    And any one that don't have an entrepreneurial spirit is not welcomed here.

    What do you have to bring to the table?

    then i think instead of worrying about this a few thousand ppl here, you should start to campaign kicking out those millions and millions unqualified born US citizens out and tell your MNC entrepreneurs making big bucks in Asia back to expoilt middle classes here.. uhmmm...



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  • H1BDreamer
    05-27 02:23 PM
    filed on April 16, VSC. got receipt notice dated April 24.





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  • sanju
    09-05 05:14 PM
    All EB2 people affected, lets get organized.
    This time USCIS is hiding by not making official announcements.
    We need to act as we did last July.
    Lets send letters to congressman like zoe lofgren.
    NSC is issuing frivolous RFEs as delaying tactics.
    I am not seeing similar outrage as we saw last year.
    The time to act is now.

    Totally understand where you are coming from and what you are trying to say. We all need to be engaged more actively. However, in this thread, you are likely to receive more posts with the message -

    "Are u blind - we are organized, we are asking each other questions about each other's status, tracking every LUD change, comparing status of each other, voting for and against in all the Eb2/Eb3 polls, always suggesting, supporting and arguing for changes that perfectly fit with my gc application, arguing why country of origin is so bad, why America has nothing to offer, unless I get my gc tomorrow, how this country has the opportunity to become great if they give me gc, what are lawmakers doing, why did they not pass laws to fix the problem of highly skilled idiots sorry, I mean highly skilled professionals, what is core doing, are they not our servants? What more do you want? Before Senators vote on the floor of the Senate, they will logong to this this site to learn what HIGHLY SKILLED IMMIGRANTS because if it was not for these HIGHLY SKILLED, the world will come to a screeching halt. So what more should we do, we are already organized." yada yada yada yada

    just, a few things like that, that's all.



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  • franklin
    07-17 07:41 PM
    I thank all new contributors, I think the efforts from members in the last 2 weeks are truly inspiring.

    If you haven't done already, please consider contributing and donating some money to IV. It is entirely run from our donations (and the shortfall made up by the core team).

    Talk is cheap guys, put your money where your mouth is so we can continue fighting for us all! The battle is won, the war is far from over

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute

    :D





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  • lacrossegc
    11-30 12:34 AM
    Guys,

    off late we have been getting a steady stream of good news, updates , changes mostly to our favor.

    It is not because someone in govt thought of giving us a break (if they did then I say give him/her a promotion/ merit increase what ever)....
    It IS because people just like YOU fought for it....

    Support IVs efforts ... these guys are putting their heart and soul into it... these guys are trying to help you fight.... these guys are one of YOU.

    We ALL share a common goal,
    Piece by piece, amendment by amendment, exec order by exec order, slowly but surely they will try and do the best they can to make your lives easier, OUR lives easier.

    Please help .... donate to sustain OUR efforts.



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  • pappu
    07-17 06:41 PM
    Thanks a lot to all members for being with us in this struggle. We have tasted our first big success this year. Credit goes to each and every IV member. We were all affected by the visa bulletin fiasco and this is our victory. This is a victory for all our members and we must rejoice.

    IV had worked very hard and had been pushing for this in the background. Our flower campaign, rally and other advocacy efforts all came together and helped us at a crunch time. We thank members that sent flowers and also walked in the San Jose heat for 4 hours. All that really shows our commitment to this cause.

    We are happy that our efforts are successful and IV has been able to make a difference. Please also know that during this effort, IV was extremely active and decision makers heard our voice. We cannot give out all the details but what IV members should know is that these efforts should make each one of us proud and what we can do if we have a firm resolve. We were also the first to break this news even before anyone else or media could, and continued to update our members as time passed.

    IV also thanks its contributing members and it is because of their contributions we were able to continue this effort. Many thanks to the members that are contributing now after this good news.

    Please continue your support for this organization and be an integral member of this ever growing community, so that this journey can continue and we can end retrogression and have immigrationvoice as our voice.

    EDIT: Also, see message from Aman: Click here (http://immigrationvoice.org/forum/showpost.php?p=126814&postcount=215)

    Team IV





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  • rajuram
    09-14 08:13 AM
    I didnot started this thread not blame anyone. Everyone knows IV is our only hope....sorry if it hurt someone.

    All I wanted convey is that the current visa bulletin is an opportunity (just like jul 07), IV should try to take advantage of it. They made a mistake by putting in writing that USCIS can not estimate, lets use it to our full advantage.

    Lesser mortals like myself can not do much...but surely IV core can.



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  • santb1975
    11-20 02:27 AM
    I assumed you had the intention of contributing an amount less than 100$. For some reason I remember you asking if you could contribute 50$ Last Friday. I could have had a DejaVu. Sorry about my MisInterpretation

    How to contribute ONE TIME to IV through PAYPAL for amount less than $100?





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  • belmontboy
    04-14 04:28 PM
    Nope it is not good
    Why do STEM graduates have to have it the easy way while we have it hard. The least the STEM graduate can do is wait for 2 years for visa

    Now you are telling the real reason :)

    2 yrs wait?? Its been 4 yrs and yet to file 485

    Fortunately you are one among the minorities that oppose this proposal. I am glad that IV has this proposal as part of its agenda



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  • deecha
    07-20 11:26 AM
    We members of IV focus only for legal immigrants who haven't and will not break the law.

    I love your holier than thou condescending attitude. You probably break some law everyday ! Don't tell me you have never been speeding. You probably didn't get caught !

    I shouldn't even be replying to your post, but I'll bite and take the bait.

    I didn't break the law knowingly, I did come here legally. I just happened to fall in love with someone and moved to her state. It's too bad it didn't work out, however I have maintained legal status after leaving the country and re-entering, back in '04. Look at the chronology.

    Please try to offer constructive criticism or information. If you don't have any, move on.





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  • blue_line
    07-05 03:15 PM
    ORDER ID:
    ESANCA0EGA8D

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

    RECIPIENT INFORMATION:
    Name: Emilio Sanchez
    Company: US Citizen and Immigration Service
    Address: 20 Massachusetts Ave Northwest
    NW
    Washington, DC 20529
    Card Message: Thank you for the wonderful 15
    days(current visa bulletin).. Now we can
    get back to our pathetic life
    -A Legal Immigrant waiting in line for 9
    years
    Day Phone: 202-307-1565
    Evening Phone:
    E-mail:





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  • meg_z
    04-20 09:46 AM
    Even during the recess, we were talking to the staff of a ton of senators. Most of the time the senators' staff are interested only if someone from 'their constituency' is also affected. We always say we have a ton of folks from each state, but nothing works like a real example.

    For example, when we speak to say Senator Kennedy, it helps us to present the story of folks affected by retrogression and living in say Boston, MA. That way, the staff has some incentive to look into this and get hooked immediately.

    Since time is short this time, we need all the stories from each state to make our case.

    As promised, we will not reveal your story to media if you do not want to.
    Though there is no harm to reveal one's name in media as can be noticed by the folks featured in the Roll Call article, Philly Inquirer and News Observer.

    We will just concentrate on the crux how you are suffering because of delays such that even if your boss reads this story, he will not be offended or put off (Read our members stories in the three articles I have mentioned, none of it can get the IV members in any trouble at all).

    At the same time we understand that you might have reasons to remain out of media and we will fully respect that.

    But please send in your stories so we have a convincing story to make our case.....


    Your first post seemed asking only career wise successful folks who have patents/inovations and are affected by retrogression. I did write my story and then reread your first post, then thought to myself: my story is just similar to that Italian lady! The only thing different is she probably would have gotten her green card without much trouble, unlike my process.

    Please let me know if you need ordinary story like mine, non-IT, mother and having been waiting for many years. Thanks.





    HV000
    08-11 03:25 PM
    How many applications are pending for EB2 - I in 2004?? Just trying to estimate if OCT bulletin will move forward, if any. Unfortunately, i can't file AOS for my wife until the dates are current. I'm dying to use EAD since many employers are not sponsoring H1B these days. I've lost 3 good job opportunities because of this reason!!





    seekerofpeace
    08-19 04:53 PM
    jsb

    What exactly is meant by checking the receipt date online and it is 3 months after the date in the paper? All I see on my 485 is a statement that they have received my response to the RFE...I don't see any receipt date or notice dates on the case status online at USCIS.gov

    Just wondering what you mean or am I missing something?

    SoP



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