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  • svn
    03-31 02:19 PM
    This is very useful information. Given the data quoted, my question is: Why is the EB3 allocation for EB3 India only 2306? If the per country quota is set at 7% of 140K EB Visas and this is to be divided uniformly across all three employment categories, shouldn't EB3 India approvals have come to 9800/3 i.e roughly 3266? Actually, the same would apply for EB3 China as well!

    Is this real discrimination against EB3 India/China...or am I just imagining it?Given my 8 year unending wait, I am sure I could just be hallucinating as well :-)


    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf

    Country EB1 EB2 EB3
    India 6672 10124 2306
    China 4999 3046 1027
    S Korea 2311 4991 4001
    Philippines 524 1853 5540
    Mexico 2010 922 3745

    All visa numbers allocated to South Korea are against EB visa numbers.


    _________________
    Not a legal advice.





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  • smuggymba
    09-10 01:05 PM
    So, I guess all EB3's with a PD before 2007 should be in a very good shape. No doubt GC is the best but at least they have EAD's and their spouse can work, which I think is a great thing.

    The real issue is with post 2007 EB3 filers, correct me if I'm wrong. It seems that prior to 2007, EB2/3 are almost in the same situation. EAD is much better than visa and of course GC is the king. Thanks.





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  • masouds
    02-15 04:48 PM
    You are blaming Indians and Chinese as a community to be racists. I will rather not mix with people who think like you. It is your perception, not a chinese or Indian problem.

    No I didn't. What I said was that they keep to themselves. I don't know. If there was 10 of us Iranians in one department here, maybe we would have kept to ourselves too.
    And I don't really care about who you mix with. Really. You are not that important. Neither am I.





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  • svr_76
    06-10 01:38 PM
    @eastindia: I doubt if that 's required - "Basically a letter from employer". You definitely include your I-485 notice that shows that a AOS in pending.



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  • MDix
    02-07 10:28 PM
    Very good point for removing country cap.

    Some questions to those who are supporting country cap.

    Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
    Why not put a country cap on H1B visas since many of them get into the green card line eventually?
    Why not put a country cap on labor certifications?
    Why not put a country cap on I-140s?
    Why not impose a country cap at the port of entry?
    Why not put a country cap on visitors� visas?
    Why not put a country cap on business visas?
    Why not put a country cap on US trade with other countries?
    Why not put a country cap on amount of US $ reserves that each country can have?
    Why not put a country cap on children that foreigners in the US can bear?
    Why not put a country cap on the foreigners� earnings in the US?
    .
    .
    .
    And the list can go on.

    Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.





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  • immigrant2007
    09-10 02:06 PM
    They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.

    If they are giving this reason of not being able to sort 140s then they are really stupid or lying



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  • nojoke
    09-18 12:10 AM
    Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.
    I will take it easy if you weren't intentionally insulting.





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  • anilsal
    12-11 03:00 PM
    In my opinion, USCIS created this rule to disallow new applications such that they can deal with the countless backlogged apps for labor.

    If the change of rule does not need congress action, then why not explore this option of allowing filing I485 during retrogression?



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  • GreenLantern
    02-15 08:30 AM
    I want to see how you would go about doing it in a 3D program though.





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  • test101
    07-18 11:07 PM
    what is NSC phone number ? does any one know ? thanks



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  • sasi1234
    04-10 09:47 AM
    First off, you are looking for a bodyshop. A consulting shop. You would be the consultant if you are hired they would be the consulting firm.

    There is a website called http://www.desicrunch.com/ (Desi Crunch) that as reviews of most of Indian Consulting shops. Reviews are posted by individuals themselves so they would be reliable.



    Loved desi crunch..especially the tips that you gave for consultants..they make more sense!!





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  • dummgelauft
    05-29 10:25 AM
    I Wish the border patrol was doing its job more efficiently and doing more searches not less. This way !@#$% illegals would be kicked out and our immigration process wouldnt be held hostage by them.
    I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
    I hate it when people cry and feel like they are being persecuted when asked to follow the law.

    Exactly my thoughts too. How difficult is it to have a copy of your visa, passport and I-94 in each of your vehicles..!!
    If you are using EAD, even better, carry the darned EAD card in your pocket...
    I agree, they need to step this effort up and get these bloody illegals out. For years now, they have held the entire immigration system in a limbo.
    I am from a border state in India too. The entire border is fenced with 15 feet high razor wire fence and there are BSF personnel who watch it like a hawk. If anyone tries touching that fence, much less sneak in, they will shoot him between your eyes.

    The Mexican border needs to be handed over to the US army or the National Guard.



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  • 24fps
    02-19 07:42 AM
    this bill will never pass at-least in the next 2 years! i can give you a guarantee on that!

    these are just bills that the politicians introduce to showcase their views , there are already a few bills in the house that would eliminate extended family immigration etc, never gonna happen

    no immigration bill is going to pass before 2010 ,and even after that it'll fall into election time
    and become a political issue like in 2007

    if there was no recession there would surely have been a serious immigration bill doing the rounds and would have pretty much cleared through ( after GOP figuring out that their screw up on CIR 2007 cost them the elections) but now with the F**K**D Recession everythings gone down the drain

    Bad luck Bad timing





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  • .soulty
    03-19 11:02 PM
    moved it, status closed now.. ;)



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  • nixstor
    07-05 02:17 PM
    Oh, you are just mean now!:p

    I think there should be a big a** button on the top of this screen that says "donations for immigration causes" or whatever and those who feel they can afford to do it will do it, otherwise making paid membership a requirement will severely cut down on the number of people coming on here. Makes no difference to me, there is tons of forums like this online. This is my favorite so far though.

    What difference does the membership of people make if they do not understand the agenda/motive of the organization? May be you are being mean in not understanding the agenda and needs of your favorite organization.





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  • kate123
    02-19 04:58 PM
    DITTO!
    I feel the same...

    You guys are really making me laugh by having this less than and longer than 5 years arguing. If you've been on this forum long enough, you'll know the chance of this bill passes will be next to nothing.



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  • ronhira
    02-08 08:33 PM
    Frankly I think that this lawyer is just posting provocative material to make himself popular. He has made many predictions and number of "useful" analysis in the past, most of which were found to be untrue. I used to read his posts until recently I figured out that the analysis was unreliable. This is just my opinion.

    agree 100%





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  • sunny1000
    07-24 11:26 PM
    The below is the answer I got from my attorney.

    "You are right in stating there should be a employer letter, which would be required if we are filing the I-485 with an approved I-140. It would not be required if it is filed currently with the I-140, which is submitted with the employer letter."





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  • vishwak
    02-09 01:49 PM
    What exactly is this???





    desi3933
    01-30 03:26 PM
    Ok now I am very very confused :confused:

    Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.

    Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.


    After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.

    Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.

    My question is - Is the time I haven't been working considered as Out of Status?

    >> My question is - Is the time I haven't been working considered as Out of Status?
    No you are not. Like I said out of status UNTIL date of I-485 application is most important.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





    unitednations
    12-21 10:52 PM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.

    I don't agree that a person hasn't violated status unless uscis io informs the person.

    If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.