Thursday, June 16, 2011

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  • amsgc
    05-07 10:12 PM
    I wish the USCIS took this out as a requirement for AC21. Then life would be sweet!


    from AC21 memo issued on December 27, 2005

    Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
    Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.

    So find a new job before I-485 is approved.




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  • Mumbai_girl
    12-03 11:58 AM
    What your lawyer says in incorrect. I have had my visa stamped successfully only for 3 months validity in the past. Even this time I have only 2 months left (until Feb 2008) but am still going for stamping. So do not worry. As long as you have one more day left, you can get it stamped. Good luck.

    bach007 , I do very much appreciate your reply. I did call up mumbai and delhi visa center and they also said the same thing. Needless to say my lawyer needs to do lot of reading and research before answering any queries.




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  • hopein07
    02-09 10:26 AM
    http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms

    Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.

    We must try Gandhian approach of appealing to their innate sense of justice.

    Only President bush can do something if somehow he can be convinced.

    MIXED OUTCOME, WIN ONE PART, LOSE OTHER PART:

    From NDTV : http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070032358&ch=11/9/2007%209:16:00%20PM

    Indian doctors on HSMP visas wishing to train or work in Britain won a major court ruling in their favour on Friday.

    Judges have decided that employers will now have to treat Indian doctors on par with doctors from Europe.

    The court case revolved around a challenge to a health ministry guidance that would have compelled prospective employers such as hospitals to discriminate against non-European candidates, first by establishing that their skills were not found in Europe and then, if selected, to apply for work permits for them.

    However, in a unanimous ruling, three judges of the Appeals Court called the ministry guidance ''illegal'', sparking instant celebrations among campaigners of the British Association of Physicians of Indian Origin (BAPIO) on Diwali day.

    ''This is a great ruling. We are absolutely ecstatic, and feel exuberant,'' BAPIO's Dr Sheethal Mathew said.

    ''Our doctors from India, Pakistan or Sri Lanka will now be able to compete with European doctors on an equal footing. Employers cannot discriminate against us now,'' he said.

    The ruling is expected to immediately benefit some 10-15,000 doctors of South Asian origin, who are living in Britain and have been eagerly awaiting the outcome of the case.

    However, the campaigners lost a second challenge - against the British government's abrupt changes to the Highly Skilled Migrant Programme (HSMP) last year. BAPIO challenged the changes on the grounds that their members were not consulted.

    But Mathew said BAPIO will not take any further legal action.

    ''About 5,000 doctors were affected by the changes, and they have left already because they knew they had no choice.''

    The British government introduced the HSMP scheme in 2002, offering workers such as accountants, doctors and scientists the right to settle down and work in Britain. Some 49,000 people took up the offer.

    But the changes ostensibly to guard against 'abuse' of the system meant that those who had already come in on HSMP visas were faced with sudden restrictions in the job market.

    Their employers would have to prove that the qualifications and skills that these candidates possessed were not available among European and British candidates. And if these non-Europeans were hired, the employers would have to apply for work permits.

    Anthony Robinson, a solicitor for BAPIO said: ''As is widely acknowledged, the NHS has for many years relied upon the contribution of doctors from overseas, and in particular the Indian sub-continent, in order to provide a quality service in times of shortage of British doctors.

    ''Now that more British graduates are coming through, the Department of Health is trying to get round the rights of HSMP doctors who have already made Britain their home because it failed to plan ahead,''he added.

    The next round of hiring by the state-sector National Health Service (NHS) is expected in January-February, 2008.




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  • surabhi
    04-08 05:24 AM
    This is serious and could affect quite a few.

    Summary: you could be affected if ALL of the folllowing is true

    1)you have a PD before July 16, 2007 ( likely case is EB3 I/C 2002/2003 PD)
    2) you have left your original employer ( whether you stayed for 180 days after I-485 application to comply with AC-21 rule doesnt matter)
    3) your original employer has used your labor to subsititute some on else ( before July 16,2007)

    Remember you are affected even though you are the original beneficiary.

    How did this case happen?

    This happend because USCIS not following LIFO processing

    1. The original applicat applied labor in April 2001
    2. Labor approved in Jan 2002
    3. Original applicant applied I-140 in April 2002
    4. i-140 approved in July 2002
    5. Original applicant applies for I-485 in Dec 2002

    In Jan 2004, after more than year ( > 180 days and Ac-21 was enacted), original applicant leaves the employer, presuming that she is safe and covered under Ac-21

    Employer promptly writes to USCIS asking to revoke I-140. The employer goes ahead and uses the labor for another person and files I-140

    The USCIS apprves I-140 and subsequently I-485 for the subsituted beneficiary.

    So how could USCIS approve a I-485 that was filed at least 18 months later than the original applicant. ( May be the subsituted applicant was from different chargeability country and hence could ge approved??)

    Now the original applicant is screwed because USCIS cannnot approve 2 I-485 petitions based on same labor.

    I feel for the original applicant. She played by rules all along, but got screwed anyway

    Now you can see the chances of your case being caught in similar circumstrances

    1. You are EB3, India/China with PD around 2002/2003
    2. You filed I-485 sometime before July 2007 ( if you filed during July 2007 and you were with original employer at that time, this doesnt apply)
    3. You left your original employer before July 2007
    4. Unbeknownst to you, your original employer has subsituted your labor for another person.(before July 16, 2007)
    5. that other person also filed for I-1485
    6. Now its a timebomb waiting to explode



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  • andy garcia
    08-23 02:57 PM
    How many visas are there for India in a year in EB3, EB2 and EB1?


    YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)



    2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
    2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
    2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
    2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
    2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
    2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)


    These figures are from this link
    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html




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  • vegi_hyd@yahoo.com
    06-07 09:55 AM
    I would (and did) send to the address on the confirmation page. If you search for other forums on EAD filing recently, that is what is also recommended there

    Thanks JackisBack.



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  • ajay
    04-05 09:54 AM
    I found this in another website:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    "Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"
    The last updated date is 04/02/2009. Seems like they have updated something quite recently!!!




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  • galacticman
    03-06 07:30 PM
    Thanks coopheal. Seems like they are still working on the 1st week itself. Hopefully I should see mine come around soon for preadjudication!

    ***************
    EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07



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  • doknek
    09-04 11:27 AM
    Yes, if lawyer/employer creates an account for employee OR gives employee username/password to access the system




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  • camberiu
    06-13 12:51 PM
    Hello everyone,

    I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.



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  • immigrationvoice1
    12-10 04:03 PM
    Please share the information on various Master degrees that you have done/doing/planning to do along with the University/school name and website information...




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  • Berkeleybee
    09-19 09:03 PM
    I hope you all took note of the fact that the article dates from May 6, 2006. Very old news. Discussed in the news article thread. IV also wrote a response to NYT.

    See
    http://immigrationvoice.org/forum/showthread.php?t=280&page=28



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  • PD_Dec2002
    07-13 05:40 PM
    Man, this is so funny, Somebody give me some good or atleast some bad reputation :D :D :D :D

    You can add to your own reputation by clicking the "balance" icon.

    Thanks,
    Jayant




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  • Anogar
    03-05 02:12 AM
    I think I misread the OP about moving from the flash IDE to flex builder although I strongly prefer both FD and FDT to flex builder..

    and no Jeff, it wasn't directed at you although I'm sure you have no idea what you're talking about either :P

    You didn't misread it, he said:


    I think it's natural to switch from Flash Studio to Flex Builder in the some point of time.
    Never mind...

    And I also disagree. Flex has some strong points, but ultimately there isn't much you can't accomplish with Flex that you couldn't have done with Flash + Flash Develop, or FDT, or something like that. Obviously no one uses the Flash IDE to code once they reach a certain point, but that doesn't mean the only (or best) option is to move to Flex Builder. I find Flex Builder to be sort of cumbersome, and for working with artists, which I'm always doing, I much prefer using the Flash IDE.



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  • Vsach
    07-01 12:50 PM
    Dear ALL,

    Please share the insights, my son will start applying soon.

    Thanks




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  • mrdelhiite
    08-08 09:10 AM
    roseball, agree. got same resp from my attorney while filing AOS for my wife

    1) employment letter ( just sent original & copies too )
    2) I-134 ( convinced that they will need this even for H4 dependent )
    3) did not ask for W2's or pay stubs
    4) of course original medicals in closed envelope
    5) all previous H4 approvals + I94's and color photocopy of entire passport
    6) photos and required cheque's

    hope mrdelhiite is all set ?

    Yup Senthil Thanks a lot for your reply.

    -M:D



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  • piyu7444
    05-08 07:15 PM
    What if your old employer cancels your I-140? In that case wouldn't it be better to have informed USCIS that you changed jobs?

    After 180 days if employer cancels I 140 it does not matter......:)




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  • pappu
    07-29 11:45 AM
    My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

    But that petion is based on EB2 :p
    I did not understand your answer.
    How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)




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  • dpp
    02-21 01:25 PM
    Dec 21, 2006

    For those that can see the Feb updates can you please post what date they are showing for:

    I-129 ( H1-B Speciality Occupation Extension of stay)

    Thanks




    Nil
    11-09 11:10 AM
    ^^^^^




    Honda
    09-08 11:40 PM
    Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.

    Congrats...



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