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  • CSPAvictim
    07-09 06:53 PM
    I have a question: If this is indeed an internal DOS regulation, which it most probably is, does it mean that DOS can make changes without sufficient notice to the applicants/public? Does the Administrative Procedures Act come into play in such a situation?


    Remember this is internal DoS regulation and not a US Code or Law. They can change at any time and way they want to.

    The whole law-suit is essentially about hardship caused to applicants in multiple dimensions with a sprinkling of violation of law (info on which is still quiet hazy )to give some back-bone to the argument in the law-suit!





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  • battineni
    09-09 12:44 PM
    Number of VISA numbers are same for EB2 I and EB3 I or not???

    If in case same....why we not getting any approvals for EB3 compare to EB2?

    I can understand why EB3 in 2001 and EB2 in 2006..

    but my question is .... why Eb3 is not moving when EB2 is moving?

    =====

    Note: I'm not saying anything against EB2 people....I'm just comparing.

    =====





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  • srkamath
    07-12 08:54 PM
    http://immigrationvoice.org/forum/showthread.php?t=20141

    Somebody with Nov05 PD tried to renew EAD and was given a 3 month EAD.......





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  • dollar500
    08-14 09:38 PM
    Its due...
    although not much excitement anticipated....seeing all 'U' sucks



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  • BharatPremi
    03-17 02:30 PM
    Thanks
    What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.





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  • HV000
    03-18 06:18 PM
    Please see the last sentece which says "Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country".

    When they use this spill over, only PD is imp not the country.

    This will make prediction difficult since we do not know how many PDs are eligible in either country. Am i right?



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  • msp1976
    02-01 11:55 AM
    If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school …. Only after I-539 approval or after only applying ?

    For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
    How long does it take to transfer status from H1B to H4 ?


    H1 is a non immigrant but dual intent visa.. It is assumed that you might try to immigrate...When your spouse filed I-140 , the immigration intent came forth.. Now USCIS already knows that your spouse wnts to immigrate...
    F1 is a strictly non-immigrant visa. You have to prove your intention of not immigrating to USCIS....
    So your position for asking a H1 to F1 transfer is inherently weak....Again a good attorney can spin it....You need a an extremely good attorney....


    If you are paying out of your pocket, you can go to college on H4..
    Student loans are not available on H4...No financial aid of any kind would be available on H4...

    Transferring from H1 to H4 should be quick....I would not bother to file in premium...You are to stop working anyway....Just getting an application receipt should be good enough to start college....If the college allows, you can start college immediately....USCIS never objects to you going to college
    as long as you can pay....

    I know all this because I did the research when my wife started her college..Should finish this may..





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  • roseball
    07-09 03:55 PM
    Yes, you are right that we cannot sue anyone for working harder. I agree with that part too.

    I didnt say they broke the "law" by processing several thousands of cases. What they did is broke their own "regulations" by approving applications with incomplete security/back ground checks.....In the current environment the country is in, this could be a very serious issue. Well again they can argue that regulations can be moulded/twisted to their liking.....

    From Oct 2006 - June 2007 USCIS only used 80k of 140k immigrant numbers available and by the end of June, they consumed all of the 140k quota.....There were cases where 485s were approved on 2nd and 3rd of July.....They made a complete mockery of their own regulations is alloting visa numbers as they like....



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  • mirage
    02-03 05:23 PM
    Alright guys you seem to have more Political understanding than I have, that was one reason that I was talking 20 people, I have 6 people now, when we'll talk these things will come, as these 5 people may have your kind of Political knowledge





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  • Jaime
    09-12 01:23 AM
    Thank you Governor(s)!!

    Congressmen/Senators please do what the nation's leaders are are asking you for a long time.

    Jaime, Guess we may have to organize a walk to Crawford ? what do you think ?

    I'm in!!!



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  • Hinglish
    01-08 10:04 PM
    May the best man win !





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  • grinch
    03-07 04:17 PM
    thanks guys, almost got my final render complete!



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  • ajthakur
    07-14 05:07 PM
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?





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  • natrajs
    04-23 08:46 PM
    All,

    Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.

    Been in meetings all day so not even a chance to call anyone about it.

    Yay!

    Good luck to all my fellow sufferers!

    Googler

    Congrats and Best Wishes



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  • gimme_GC2006
    03-09 03:54 PM
    If your kids were born in the US then maybe they will be able to file for you by then and that will be definitely faster than EB-3. :D

    looks like that is Plan B :D:D





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  • rama0083
    09-28 03:47 PM
    I have heard from people who have worked there that Socialism has eaten away at the insides of the European economy so much that they do not care if an immigrant helps them make more money. Unlike the capitalist US that accepts immigrants (at least to some extent) that bring economic benefit, the EU is one big xenophobic amalgamation of countries.
    Well - though white racists may oppose - anything related to economy and development does go through.

    I personally think that if this proposal goes through - EU will be the next melting pot.

    Racism is there everywhere, we find it in US also, even in India, you find caste system and inter state racism. With rising opportunities, such things may not really be visible especially in places where there are free zones.

    Does anyone has more info on this?



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  • BharatPremi
    07-10 12:22 AM
    very well pointed out! maybe there is more to this than meets the eye, because the lawsuit doesn't seem to mention this violation. Or is there a remote possiblity that the lawyers havent done their math?:confused:

    Ofcourse, this can become the main bullet of the law suite gun.. but hold on before firing it... It can backfire to us... End result can be unwanted... Worst Scenario could be revoking all GCs granted in June and few days of July... multiple lawsuites !!! --- AND increment in the BACKLOG where you and I and everybody in this forum are still stuck.





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  • ramus
    07-02 06:13 PM
    Why we just have $300 contribution so far when we have 1500 members online.. Lets put this thred in every thread..

    Pappu, can we put this thread on home page..





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  • ursosweet
    07-16 10:24 PM
    i suggest rather than talking big words, lets do something.
    like someone on immigrationportal has drafted a letter to time warner stating the misrepresentation of facts by that rascal lou dobbs about h1b visa holders.
    IV core team, once this july fiasco is dealt with, lets draft a long letter and send it to these senators with a copy of our pay stubs showing them that we pay what americans pay.

    i had written letters to my senators and congressman and to NPR abt. the July 2007 fiasco. The more we stand by each other, the more difficult for anti-immigrants and racists to penetrate.

    PK





    battineni
    09-09 12:44 PM
    Number of VISA numbers are same for EB2 I and EB3 I or not???

    If in case same....why we not getting any approvals for EB3 compare to EB2?

    I can understand why EB3 in 2001 and EB2 in 2006..

    but my question is .... why Eb3 is not moving when EB2 is moving?

    =====

    Note: I'm not saying anything against EB2 people....I'm just comparing.

    =====





    grinch
    03-07 05:56 PM
    alright eilsoe, good entry man, pissed that you couldnt get time, but heck, no one has time eh?

    Its ok, good work!



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