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  • ragz4u
    03-20 11:22 AM
    Stucklabor,

    Your analysis is right. Though 202-a3 and 202-a5 says same thing, a5 is very particular to each catagory in EB. A3 is generic to both FB and EB, combained together and it is subject to DOS interpretation. A3 was there in INA before A5 was introduced thro AC21 in year 2000. Therefore, we (IV) needs to understand what was in the mind of the lawmakers to strikeout A5 in both bills. Is it just to avoid duplication or some other intension? It will be good to track this issue with some expert attornies.

    Thanks for your comments too, they are invaluable. Iinformative post by you, catch22, stucklabor, berkeleybee etc makes everyone understand the legal jargon that does not come to everyone easily.





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  • NYC-circuit
    11-09 11:25 AM
    I called today, but they told me that they will send an e-mail to TSC, also gave me a confirmation #. I hope this help, but considering that everytime that you call NCS they give you a different answer, I'm not sure if this will work.

    Did your checks get cashed, just asking as your title says no receipts, also how did you know it is in TSC





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  • sanjay
    07-20 03:27 PM
    Looks like Donor Forum: July 20 CIR update for Donor Mem.. thread is having issues. Even a Donor forum member cannot open it. Getting this error:

    sanjay, you do not have permission to access this page. This could be due to one of several reasons:

    1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
    2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.


    Am I only getting this error or others too ?





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  • gc28262
    07-04 09:40 AM
    .................................................. ...

    I don't think the July 2007 fiasco had anything to do with CIR as CIR was shelved during 1st week of June 2007 even before the July bulletin came out.

    .................................................. ..........................

    Here are the dates:

    CIR 2007 introduced in Senate on: May 9, 2007
    CIR Vote on cloture fails in Senate: June 7 2007
    A related bill S. 1639 fails on: June 28, 2007

    Comprehensive Immigration Reform Act of 2007 - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Comprehensive_Immigration_Reform_Act_of_2007)


    July 2007 visa bullettin released on :June 12 2007.
    Bulletin was reversed on :July 2, 2007

    S. 1639 failed on June 28, visa bulletin was reversed on July 2

    July visa bulletin had already come out on June 12 2007.
    The decision to publish this bulletin might have been taken sometime in May 2007.
    Even if we base the events on the Original CIR 2007 which failed on June 7 2007, it would have taken sometime to communicate the decision to revert the bulletin to USCIS.



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  • JDM
    07-24 10:30 PM
    If the visa numbers are available they may issue GCs instead of EADs for the applications they process now and that already been submitted during the Jul 2007 fiasco. Its not like they have to wait until Aug 1st to start approvals of GC.

    I doubt this very cocept. My PD is December 2003 and i got the two year EAD within 15 days after applying.





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  • jelo
    03-07 09:47 AM
    http://www.uscis.gov/propub/DocView/slbid/1/2/31?hilite=

    http://www.cbp.gov/xp/cgov/travel/id_visa/legally_admitted_to_the_u_s.xml



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  • aquarianf
    06-14 04:32 PM
    Yes but depends on civil surgeon. I saw my civil surgeon's office accepting it from other people who got immunization record from india.


    If immunizations were taken outside US, will that be valid?





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  • rockstart
    12-11 10:17 AM
    Guys here is what I found on page 5 of the 12 page AC21 document
    --------------------------------------
    Should service centers or district offices request proof of “ability to pay” from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?

    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien’s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.

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

    Here is another important thing for people wanting to use AC-21

    Question 11. When is an I-140 no longer valid for porting purposes?

    Answer: An I-140 is no longer valid for porting purposes when:
    Memorandum for Service Center Directors, et al.
    Subject: Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-
    485 and H-1B Petitions Affected by the American Competitiveness in the
    Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) Page 7
    A. an I-140 is withdrawn before the alien’s I-485 has been pending 180 days, or
    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
    --------------------------------------------------------
    http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf



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  • seeker999
    08-05 12:21 PM
    I see a Fundamental Flaw in this. Here is the roughcut of my thoughts...


    How can you say that company having more than 50% H1Bs is doing fraud. How about companies having 45%.
    What if company has $9/hour or any minimum wage employee 50% and cut the pay for the rest of 50% H1B's.


    By restricting the companies to do H1Bs you are taking away the freedom from H1B candidates to change jobs. This in turn will make the candidate bound to the company which gives good scope for armtwisting directly impacting the salaries and taxes. By keeping the fee low you give freedom to H1B's let them compete in the open market. Let the companies pay competitive salaries to the candidates. This will help the citizens because they are all on the same salary levels and will avoid unfair competition.

    By taking away the freedom of legal immigrants and companies which hire them you are scaring them and making them spend less. This will have direct impact on consumer spending and thus the economy.

    Please be reminded job creation is not static is is elastic. The more you encourage companies to hire, the more they pay, more taxes can be collected and more spending will happen.





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  • GCwaitforever
    12-12 06:02 PM
    NumbersUSA and Matloff should be judged by their actions, not by their words. I have not seen anything positive from their work that would benefit us. When they lobby Senate/House to introduce H-1B/GC reform favorable to us, then they can be trusted on that issue alone and may be we can lend our organizational support. So far thier task has been to skuttle EB immigration reform.



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  • conchshell
    07-07 09:21 AM
    Some suggestions:

    1. If you are member of LinkedIn, please use your contacts to bring awareness for our cause by sending this thread info and TOI article to your LinkedIn contacts. If you are member of such similar networks please use them.

    2. I am wondering if Consulate Generaql of India can help us in any way to help achieve our goal. Afterall the Indian ambassador is posted here to help the citizens of India. If they can't help us than what's the point of having an Indian Consulate in America. Silmilarly there is a Ministry of Immigrant Indian, how can we take their help to achieve our goal. Only if consulate general and the ministry can approach the congressmen and senators, that may help us.





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  • broadcaster
    11-13 06:04 PM
    You are right. In addition if you have a legal representative (attorney), you can request his/her help. If your attorney is member of AILA, he/she can use the Individual Cases Liaison Assistance to send an iquiry to USCIS, but to use this service, your attorney have to prove that they tried to obtain actions using the NCS.
    By the way, I am not an Attorney. So, ask your legal representative about this option.



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  • kumarc123
    07-16 12:11 PM
    vdlrao wants to have the honors of opening thread on this issue.:D.
    I think there is no way USCIS will approve case from Aug Bulletin now itself.

    In stead of making fun of vdlrao, lets just thank him for his analysis. It is easy to mock others, rather taking the initiative of doing some something constructive all by yourself.



    Thanks VDLRAO, keep up with the good work.





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  • sam_hoosier
    01-19 10:24 AM
    Ok, it seems really hard to have a rational discussion about this topic.

    To me its very clear:
    1. If you go back to India you will miss a lot of things like security/uninterrupted electricity/running hot water/etc...
    2. If you live in US you will miss your close and extended family/festivals/culture/etc.

    For those who can live without family network and are fine living in a foreign land can live in US in the long term. These ppl will lead a relatively materialistic lifestyle and keep acquiring more stuff like houses/fancy cars/etc. in the long run.

    Those who really miss family and feeling of being at home will go back but go thru a lot of pain. Emotional ppl are all set to feel the pain of missing family in US/pain of relocation when they try to go /and then pain of lack of facilities once they get there.

    Very true observation. I feel that wherever one lives, its impossible to be completely satisfied. Ultimately it will come down to some hard choices, and what people are willing to live with/without.



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  • jonty_11
    12-05 02:52 PM
    I understand your frustration. But cool down. Core team is doing what they have to. Please every one keep in mind before blaming core team that every one is volunteer !! (They are not pay roll of IV)
    I agree, even taking up this initiative is a commendable job by IV core, let alone being volunteers....and I appreciate them for that.

    I do know Waldenpond had set expectations of nothing much in LD session, but since we are hearing otherwise from different sources, we want to make sure that if any H1B provisions are passed, EB provisions are not left out.





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  • breddy2000
    04-27 03:00 PM
    Hi,
    Just a curious question. Is there a difference between LC approval for EB2 , EB3 applications under PERM?
    What I mean is, is the processing times different for applications filed under EB2 and EB3?

    My application was filed along with few other employees who are in EB3.They have received their approval within 2 weeks and mine is still pending. Does anyone know the reason behind this?

    Appreciate your valuable response.



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  • badluck
    07-26 01:50 PM
    we should start sending flower again..





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  • ksrk
    09-08 03:07 PM
    Arrived in the US in 1998 on F1 - yeah, it has been the decade!

    Applied for GC in 2004, waiting since...for more details please see below.





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  • anurakt
    09-20 10:52 AM
    Friends:

    Please stay tuned to this site. We hope to have some news coming in soon from the IV Team.
    r u predicting or from some facts ?





    sravani
    05-15 09:03 AM
    Hi Sravani,

    Great!! Congratulations. Nice to hear that your I-140 got approved.


    Thanks and explain to your attorney about your case. My attorney also didn't understand all this but I sent her so many emails, talked on the phone and drove to her office (2 hrs drive) and explained about this whole education pattern and finally she was convinced. If you submit a good evaluation with appropriate wordings in the first place, it's higly likely that your case will get approved without RFE.





    geve
    07-30 05:25 PM
    Called TX Reps and requested to support HR 5882.



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