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  • sankap
    07-06 06:05 PM
    Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., http://www.shusterman.com/pdf/ac21-51205.pdf. Here are my attorney's comments in this regard:

    "AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."

    I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"




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  • bigtime008
    07-18 01:41 PM
    I don't think it's going to work again plus its only going to annoy people at USCIS as they have to assign someone to accept and trash those flowers.

    Atlanta PERM Center belongs to DOL not USCIS




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  • ItIsNotFunny
    12-03 05:40 PM
    Bump ^^^^

    Keep pledging. We need to make this happen.




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  • jsb
    02-06 12:24 PM
    Cris,

    I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.

    Thanks again.

    As others have replied, "under review" means, it is somewhere in the stacks of files. They may not even know where it is.



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  • sganny
    01-26 01:12 PM
    Proud.

    Andhra bags 7 of top 10 IIT ranks - The Times of India (http://timesofindia.indiatimes.com/india/Andhra-bags-7-of-top-10-IIT-ranks/articleshow/5978951.cms)
    HYDERABAD: Andhra Pradesh hit a jackpot with its students bagging seven of the top 10 ranks in IIT-Joint Entrance Examination (JEE), the results of which were declared on Wednesday. In fact, the state claimed the coveted top two ranks of IIT-JEE, with A Jitendar Reddy from Warangal emerging as the national topper followed by Uday K Shah from Hyderabad.

    Others from the state who bagged top ranks include Madhu Kiran (fourth), K Satwik (sixth), Janardhan Reddy (seventh) Sabarish Nikhil (eighth) and Neeraj Gopal (ninth). An estimated 30% of the 50,000 students who wrote the examination from the state cleared the test this year, with over 500 of them making it to the top 2,000 in the open category. A total of 65,000 students had written the examination from the southern region.

    Andhra students also scored well in the reserved category with OBC students from the state bagging seven out of the top 15 ranks in this section. Among reserved categories including SC, ST, OBC and physically handicapped (PH) the state secured over 50 ranks in the top 200 slab.

    Officials from IIT-Madras, who were in charge of the results, said Andhra students already account for 21% of the total student strength in IITs. "One should not be surprised by the performance of these students as they have traditionally done well. This year, the percentage of students from the state in the IITs might be higher than 25%," said T S Natarajan, director, IIT-JEE.

    While IIT-Madras, which conducted the examination, was criticized for the errors in mathematics and physics question papers, IIT experts said such errors could have actually worked in favour of the students from Andhra as not many would have been able to crack some of ambiguous questions. "Most front-rankers from the state cracked these ambiguous questions, which might have given them an edge over others," said K V Raghunath, vice-chairman, Narayana Group of Colleges whose students bagged five of the top seven ranks. Some other experts noted that a tough maths paper helped garner top ranks as students from the state have traditionally done well in the subject.

    This is from May, 2010. when I saw the posting, I was wondering, how come IIT results in Jan and opened up the link and saw this was from 2010. what was your point about bringing this up now?




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  • morpheus
    04-06 11:06 AM
    Does anyone know if the latest Frist amendment to the bill would still allow H1's etc to file for 218 as outlined above? I did some more reading and I am still confident the analysis above is an option for many H1's like myself.

    Frankly I'd be happy to wait six years for a GC if it meant I could be out of this continual H1/LC/140/485 rat-race. Being able to be self employed would be a huge positive for me. I'm already on my second LC and I am involved in founding my second new company. For executives the H1/GC process is useless because you frequently get promoted or change titles, and by the time your LC is near processing it's likely that the original application is no longer supportable. Plus, if you own equity in the company that opens a whole can of worms that the USCIS will object to.

    I don't care if 218D is supposed to be for 'illegal' immigrants. Hell, I'll learn Spanish! Via con dios! Obras son amores y no buenas razones!



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  • amitjoey
    05-19 04:45 PM
    If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas

    Is number of applications in 2001 and 2002 is > 40,000.

    Its very hard to believe.

    Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.

    The reason it is stuck at 2001 is because a lot of people that did not belong to the EB3 queue got visas out of EB3 IN 2001. This was because of a law that was passed in 2000 that sunset in April 2001. Thousands of so called "special immigrants".. (Illegals- I guess) got them. See: http://www.usavisanow.com/245iext.html
    These were individuals that came in - illegally, but their employers could not file for them. Interestingly and Ironic is that legals were not eligible to apply under that act - LIFE ACT, 2001
    http://www.brama.com/news/press/010405_lifeact2000.html

    Also, add the wastage that happens every year. USCIS wastes (does not use) a lot of visas every year and they lapse.

    Also some years, when there was a visa recapture (I believe 2003-2004).. 50,000 of the so-counted EB3's were given away to nurses. There was a special category.




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  • superdude
    07-20 12:29 AM
    Congrats to all those who are lucky enough to file their I-485 by August 17. I am kind of on the unlucky side. My mandatory labor recruitment wait period of 30 days end on August 17. Wonder if anyone has any idea about I-485 availability or unavailability by september or october or may even next time this year to use up the available numbers.

    I appreciate all your responses.

    Thanks
    HP
    Only those whose labor got approved prior to July can apply for 140/485. August Bulletin says "U" for all categories

    It is hard to predict when the numbers will be available again in the future. They may open up for EB1 and for other countires except India, China, Phillipphines and Mexico.



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  • digmetalq
    04-23 03:04 AM
    The damage is already done, so now why would they care about any immigration laws, legal or illegal, I pray everyday, for that one day all the xenophobics jumping the fence, because the way I see it no ILLEGAL drugs will be available unles you live in Detroit , the supply and demand will cause them to start a new visa program, which the xenophobics will support overwhelmingly.




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  • centaur
    02-09 08:39 AM
    I brought this up in July 2006, about atleast filing a class action lawsuit, even if its thrown out of court, we have attention of the news media. Being a taxpayer we are entitled to use the court system. But, at that time I was practically boo-ed of the website to the extent, that I erased my comments and stopped coming to this website.

    If we are in this together, I still think its possible. We talk about media attention, this is probably the best way to do so.

    Grounds:
    1) Discrimination based on country. I know about 7% quota, but a judge can put a hold on quota or refer it to more stidies or throw this issue. We dont know what the judge will think, its highly stupid for us to assume, that he will be against us from the start.

    But it will get media coverage and media will definitely comment on numbers of indians/chinese and simple ignorance of whoever came up with this quota. And also the fact that these are doctors, engg stc and in high tax-brackets.

    2) Emotional trauma, spouse not able to work and such. Thats a human rights issue, which is even bigger than immigration. It will start another debate.

    These are two very big grounds, another would be taxation without representation.

    I know immigration is a privilege, butas long as it gets media attention and average american starts realizing the difference between legal and illlegal.

    I think it will also bring CIR to debate sooner.



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  • prioritydate
    07-25 11:11 AM
    Here is the calculation I came up with USCIS processing of our I-485 applications.
    USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
    Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
    So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
    So, 584/50 = 12(Approx) applications they need to process in a day, per person.
    So, do you think it is viable? Of course, it is�
    What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:




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  • waitin_toolong
    10-01 02:34 PM
    because these were actually approved and assigned a number when the dates were current, they just got around to mailing the approvals now.



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  • fromnaija
    03-24 12:49 PM
    Thank you Mark how you rebuffed that stereotypical response on "being grateful to being here in this wonderful economy and enjoying such nice living conditions".

    I really enjoyed the interview.




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  • tamil12
    10-15 02:04 PM
    I think you must have a valid H1B stamped in your passport to get H4 stamp for your wife.



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  • kprgroup
    08-03 01:45 PM
    Did your denial letter has similar wording?..............just curious




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  • kondur_007
    04-06 01:26 PM
    One thing does not make any sense: If they have reduced the backlog so much, why can't they resume I 140 premium processing?

    AILA is finally tired of asking this question, but it simply does not fit the equation that thye have not yet started premium processing (considering their love for money:p)



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  • hopelessGC
    04-21 01:45 PM
    Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit
    H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.

    Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.




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  • furiouspride
    04-22 12:08 AM
    enjoy food.. best place to enjoy all sorts of food in US
    By all sorts, you mean Indian? :D




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  • crazyghoda
    06-08 07:29 PM
    Not a bad idea. No need to bring up all the talk (from other threads) about interim GC or whatever. Just a 10 year validity on EADs and APs for retrogressed categories. If nothing, it'll atleast highlight the situation (and save me $340 + $305 = $645 every year)

    too farfetched? should we pursue it? a 10 year wait at the least given the current quota restrictions..




    justin150377
    06-22 09:27 AM
    any advice?




    manish1905
    10-06 02:31 PM
    I was recently audited by Someone from Dept of Homeland Security regarding my H1-B visa status.He asked several questions regarding my position,job duties,pay,work hrs
    How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
    I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.

    I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.

    Does any one else had same experience?



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