Tuesday, June 28, 2011

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  • desi3933
    07-09 11:01 AM
    The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.

    Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).

    This LAW should explain the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.


    INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    Sec. 245. [8 U.S.C. 1255]
    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

    (1) the alien makes an application for such adjustment,

    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

    (3) an immigrant visa is immediately available to him at the time his application is filed.

    ============================

    My points -

    a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.

    b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.

    c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.

    ______________________
    Not a legal advice.




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  • waitingonlc
    06-14 04:04 PM
    My attorney sent my case on 05/31 via Fedex to NSC to reach by 06/01.so far no receipt received per my attorney.she has written the checks for me.I may have to wait and see.




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  • RSM1444
    02-10 07:06 PM
    Double Post Deleted




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  • zoooom
    07-19 08:50 PM
    $100 from me.

    Rahul :)
    Thanks!!



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  • gsc999
    07-10 06:17 PM
    PM me, I can send you conference call details
    --

    I just sent a PM to him with the details. yetanotherguyinline, please check your PM.




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  • gcwait2007
    04-20 12:36 PM
    I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
    I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
    I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
    Plz give me ur valuable inputs

    I work for a company which recovers expenses incurred for relocation, training, certification exam fee paid, GC expenses, etc if I choose to leave them with in one year of incurring expenses. It seems to be a common practice. Many times, these recovery is waived at the discretion of the managers.



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  • tonyHK12
    02-04 06:06 PM
    Donated another $50.00

    Thank you MunnaBhai for your donations.

    Total Contribution: $950
    Amount to be raised: 50,000 - 950 = $49,050.00




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  • gagbag
    07-04 10:47 PM
    When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
    They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.

    I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
    not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
    letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).

    Shall I start green card again with company Y ?
    Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.


    Did you know I-140 dates are prtable from X to Y after 140 is approved? I am sorry to hear your pain, but you can check if you can atleast maintain your priority dates.



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  • clockwork
    07-02 08:37 AM
    Hi Guys,
    What does your fedex package delivery status say? Out for delivery?




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  • Karthik Thambidurai
    07-13 07:57 AM
    NPR news coverage on July 2007 visa bulletin

    http://www.npr.org/templates/story/story.php?storyId=11945381

    :)



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  • StarSun
    02-03 09:16 AM
    To get a head start on the advocacy effort, we need members to register, contribute, plan the travel, and spread the word as soon as possible.




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  • GCapplicant
    07-27 10:09 PM
    Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.

    Hi Dpp

    kindly dont use hell ! jealous , these type of words are not required for any argument.
    If you want EB2 I to get the visas and move forward...it will.

    I understand u r EB2 ....EB3 I is frustrated...like how you want ur GC its the same line EB3 I is also.

    The guys from EB3I have been waiting all these years.

    Its the DOL's mistake for the delay of labor approvals ,hence the visa wastage.Otherwise this backlog for EB3 I woudnt have been there in the first place.

    The two years standard gap would have been maintained there for EB3 I and EB2 I as usual.

    When there is no movement ,this will be the reaction for the EB3 I people.

    When you are eager for yr Gc ,the same rule applies for everone.

    There is a big block EB3 row in between -so dont say all the visas were taken by Eb3 I only.

    Did you know the visa flow earlier?

    I never knew.People learn by experience.

    These frustrations are not jealousy...Eb3 I is suffering and waiting for a solution.

    kindly dont under estimate anyone's feelings.Every family here is undergoing pressures and agony.

    I participated in the mail campaign... We are fighting for the lost justice.

    Let us team as one and work best.Ever one deserves their own share.


    I am not here for any argument.



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  • humdesi
    12-16 06:56 PM
    ..Having said this, I think I am looking back to go to india after couple more years of stay...
    contributions $500
    Eveyone says that. Nobody actually goes back.




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  • suriajay12
    02-26 08:02 AM
    Yeah! Its common sense dude! Lets keep the 50USD in pocket when one has job rather than contributing to a cause that might help keep the job or makes voice heard when a bad bill comes out.. Choice is yours and your friends. If you/your friends are expecting a GC because you paid 50$ towards this effort, I dont know what to tell. If you/your freinds are expecting to hold xyz accountable for every single penny of the donation, that is not the attitude that will bring US together.

    Ask your friends to understand the word lobbying and advocacy efforts. How much work it takes to hire a firm and get strategic advise? How much a firm that advises strategically and positions the issue strategically charges per hr? If an IT consultant is charged at the rate of 100-200USD by a big consulting company, Imagine how much would a consultant such as these people on the hill charge? I dont know but I wont be surprised if its north of 500USD an hr.

    With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.

    "What is the action plan for FUTURE"?

    Relief from Retrgoression. Continued advocacy efforts. is it that difficult to know? I dont know but it seemed obvious to me.

    Please see my answers in BOLD. Please do not assume I am mad to put in BOLD. This is just to make my point more VISIBLE.

    Yeah! Its common sense dude! Lets keep the 50USD in pocket when one has job rather than contributing to a cause that might help keep the job or makes voice heard when a bad bill comes out.. Choice is yours and your friends. If you/your friends are expecting a GC because you paid 50$ towards this effort, I dont know what to tell. If you/your freinds are expecting to hold xyz accountable for every single penny of the donation, that is not the attitude that will bring US together.

    Ask your friends to understand the word lobbying and advocacy efforts. How much work it takes to hire a firm and get strategic advise? How much a firm that advises strategically and positions the issue strategically charges per hr? If an IT consultant is charged at the rate of 100-200USD by a big consulting company, Imagine how much would a consultant such as these people on the hill charge? I dont know but I wont be surprised if its north of 500USD an hr.
    YOU GOT US WRONG.
    THEIR POINT IS VERY CLEAR TO ME. THEY ARE WILLING TO SPEND MONEY, AND DO KNOW THE COSTS INVOLVED.
    THEY ARE SPENDING CLOSE TO $5000.00 EVERY YEAR FOR 1 YEAR HI-b EXTENSIONS, VISA RENEWALS, EADs extn, APART FROM THE STRESS AND PAIN DUE TO THESE BACKLOGS.We cannot put a number on the pain this has created.
    THEY ARE NOT TALKING ABOUT $10, $50 OR $100. THEY ARE READY TO SPEND EVEN $5000.00 AS I FELT, BUT THEY WANT TO SEE THE ACTION PLAN. YOU CANNOT SAY I WILL WAIT AND WAIT AND THEN WHEN WE NEED TO, WE WILL START A CAMPAIGN AND THAT IN SHORT NOTICE WE WILL NOT BE ABLE TO GET THAT MONEY. WE UNDERSTAND THAT. BUT OUR QUESTION IS WHAT DID WE DO IN LAST NEARLY 2 YEARS APART FROM VOICING IN 07 FIASCO.


    With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.
    WE UNDERSTAND AND WE WANT TO MAKE IV VERY STRONGER TOO. WE DID RESEARCH MANY SITES AND FINALLY NOTED IV IS ONE OF THE BEST WHERE SO MANY PARTICIPATE (READ AS "GIVE IDEAS, BUT NO ACTION") ALL THE TIME. WE DIDNT SEE ANY OTHER SITE WITH THIS MUCH PARTICIPATION AND HENCE WE WANT TO STICK TO THIS AND COLLABORATE HERE.

    "What is the action plan for FUTURE"?

    Relief from Retrgoression. Continued advocacy efforts. is it that difficult to know? I dont know but it seemed obvious to me.
    WRONG. "RELIEF FROM RETROGRESSION" IS NOT THE ACTION PLAN, THATS ONE OF THE END RESULT. WE NEED TO KNOW ACTION PLAN. LOOK AT THE CURRENT STATE OF HOUSING. WE EXPECT A CAMPAIGN TO TOUCH THE RIGHT PEOPLE TO SEND THE MESSAGE HOW WE CAN HELP IN HOUSING, JOBS. WE OFCORS DO NOT SUPPORT WE GO THEIR WITH IMMIGRATION BANNER AT THIS TIME FOR OBVIOUS REASONS. DONT YOU THINK OBAMA KNOWS IT. NOW DONT COME BACK WITH 20% DOWN PAYMENT. WE NEED TO TELL THEM HOW WE CAN CONTRIBUTE.
    YOU ARE A PHD HOLDER, OR YOU ARE SOMEONE WHO HAS EXPERTISE IN SOMETHING AND CAN CREATE A JOBS. THATS WHAT THE GOVT WANTS TO HEAR. AND HERE YOU ARE NOT EVEN WISPERING..
    AGAIN "RELIEF FROM RETRO" IS JUST ONE OF THE THINGS WE WILL BE FIGHTING FOR,. THERE ARE MANY OTHER ISSUES AND FOR THAT ALSO WE NEED TO CONTRIBUTE IN MUCH SMALLER AMOUNTS EVEN AFTER OUR ISSUING ARE FIXED. THATS COMMUNITY.

    Finally one question to ALL.
    If we see a good action plan from IV Core and a date, how much are you willing to contribute.I am now ready to do $2000.00 instead of $500.00 as I said before. I am not very well-off to do this much (my friends are, though). But this looks to be nothing when compared to the loss many faced waiting 5-10- years. So I will do.
    Feel free. Remember how it feels like if you get it. and dont forget how much you are spending now for different immigration related issues. How much are you ready to contribute to IV.



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  • ashwinr
    02-10 12:11 AM
    Hi,

    Mostly a passive observer. I just contributed $50 through Paypal.

    Unique Transaction ID #45308693SL5062504

    Thanks.




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  • calgirl
    07-21 07:39 PM
    I'm confused!
    I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
    Now my FP is not done and I am current next month.
    My company does only paper based filing for EAD. (Is e-filing costly?)
    Will I not get any FP notice again?
    I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..

    Does paper based filing not trigger FP? Is it slower?

    FP is mainly for E-filing folks, paper filers need not take FP.



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  • mallikonnet
    02-15 10:50 AM
    Feb 15, 2011 08:50:00 PST
    Transaction ID: 12V53395N71013416




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  • JunRN
    08-31 05:30 PM
    One more week for me....I'm a July 31st filer...




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  • GreenMe
    07-10 09:54 AM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD




    Kodi
    07-31 02:08 PM
    Are AP's being approved faster ?
    When did you apply ?

    USCIS received it April 22, 08. Filed all the forms together I-140, I-485, I-765 & I-131.




    Macaca
    07-10 10:13 AM
    Thanks for posting this link. This is a must read on AOS.

    8 CFR PART 245 -- ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cf90b70814c3464912a08093ce96e 83c)

    This link is for section 245 in TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) (I think!) . This CFR may have other sections of use for us. For example, there may be section 240 that explains some other GC stage.

    Please post a link that is table of contents of CFR. That is, it gives all section titles in CFR: Sec 1, Sec 2, .. Sec 245, Sec 246, ... Thanks!



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