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http://www.immigration-information.com/forums/forumdisplay.php?f=33

Signed up for $20/month.

I have been given a month to respond for this RFE. I dont have to provide any paystubs. Also the guy who told me that my 140 was revoked doesnt have first hand information. He is just an employee of the company. He is involved when company applies for H-1B's, 140's EAD, AP. He is never involved in revocation cases. I am trying to get a hold of the owner to see if I can get some facts about my 140.
I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
I plan to speak with a competent attorney once I know for sure the 140 revocation history.
How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?

In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.

For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.

Persistence, patience, hard work, financial support, timing and combined efforts with one voice representing us will pay off! Lets all do our part. I feel I don't have skills to be in the front, taking initiatives, talking to people, volunteering my time. We must salute all that IV is doing, whatever little we can, we should support to make those efforts multiple folds. If we don't believe in the cause or the people, we fail. If you read a few threads closely you will find out, IV cannot publicly post all the efforts or progress being made, you cannot publish a game plan that everyone can read and groups working against IV can muscle in their amendments. I totally understand doubts when the going gets tough, but hangin there and all of us do our part, not just the money alone! IF you have the skills to volunteer and organize things, contact the core group too, everything they can get is valuable.

[quote=sweet_jungle]

What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.

How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.

To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.

-the116

Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.

Stock market is beaten in all the way...People who put money in the market and if they dont look their protofolios next day , their money completely wipes off irrespective of any branded stocks they own!!! Entire world is going down in that US economy is centric part.Even bill gates may become next minute beggar here!!!

Indians who worked over here for long times from 8 to 10 years who earn in lakhs are worth less than a petty shop owner in india finacially. Because they put money in lawyers,travel,housing, stocks, bonds,401k which all become worthless.

Our dreams for coming here are to earn good money . Earnt it but we lost it without even knowing we lost it !!!!

i think visa bulletin is history

hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.

I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.

Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?

Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.

Thanks.

If your employer files PERM now for the new position under EB2, LC is needed before your employer can file new I-140. I don't know if this will impact your original PD

Where the visa numbers in Oct'08 will be will depend on how proactive IV is.

Here is my take on the situation.

DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.

Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.

Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.

See my analysis:


If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).

If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.

If they can approve ~ 150 k total EB cases per year @ ~12,500 / month, with EB3 used up for the remainder of this year, they can definitely process at least 25 k during Aug and Sep.

The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?

Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.

Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.

http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html

So legal pattern for spillover is as under.
--------------------------------------

EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1

Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)

In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.

USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.

Nobody get any advantage from your situation. We are all very sad about your situation. Even legal IV members are forced to go home after loosing their job and after 6 years in H1B.
You are here come not in any work visa catagory. Not even in NAFTA.
You file your I-485 at the time of July 2007 visa fiasco.
USCIS got 1 million application at that period. So they didn't made much scrutiny your application. If at normal time, you may get a fast RFE and subsequent denial.
Because of work load it was not happened. I have read all of your previous threads in IV (REGARDING FINGER PRINT ETC). Your case is diffrent with the people here.
You are ignorant regarding immigration. You have acess to comuter. Google it and get info.

You are telling about I-485 only.
YOU ARE NOT TELLING ABOUT I-140 (EMPLOYMENT BASED) OR I-130 (FAMILY BASED)
IF you are not filed I-130 or I-140 at the time or before I-485, your petition is invalid.
Except EB1, almost all EB based GC need labor process.

If your I-94 date is expired and you are not extend it or change to any visa catagory at the time of I-485 filing, you are illegal. IT IS THE HARD TRUTH.
USCIS will not adjust the status, if the petitioner is not legal at the time of I485 filing.
After I-485 filing I-94 expiry is not a problem.
Canada is next country. Why you didn't go back and come in NAFTA or other visa catagory ?

Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.

... You cannot guarantee 2 years from now for those who applied in 2003 and 2004 till getting GC...
... My PD is in 2003 and I am EB-3 ROW but I don't think it will happen in two years in this pace...

Until now (from June 2005) Schedule A EB3 applicants were prioritized in GC number allocations, making the H-1B EB3 applicants' priority dates stayed put.
From Jan 2007 onwards there will be no priority for Schedule A. So I expect the EB3 dates for all countries to move from Jan 2007 onwards. 2003 and 2004 applicants may be able to file 485 with an available GC number in 2 years but may get stuck in the FBI name check.

Disappointing.

Congratulations...did you get the client letter to satisfy the new Employer-Employee relationship requirement. Was your H1B approved for just the duration of the project.

I gave purchase order between my employer and vendor. I prepared a letter with description of dutied and give it to lawyer, told him to attach it with the application. No RFEs approved in 15 days. I still need to receive I94 , so dont know how many years its approved.
How can I get client letter before I join in a project?.Its not extension. It is impossible to get letter from client. If you say to the client I need letter because I need it for H1 transfer, they will say 'sorry, we will look for another candidate'..

If one gets an H-1B approval now (Jan/Feb), can he start working right away? Or does he have to wait till the start of fiscal year, October?

What if the employer is an NGO or NPO? I believe, it is not counted against the H-1 quota but in that case, can he start working right away?

Kudos to Team IV for keeping the flame alive even in such a situation. If anybody noticed, IV is probably the only organization making any noise about us EB folks right now.
Pappu and core team, awesome job, please continue with the efforts. I had a few ideas:
1. Can we highlight past distinguished immigrants who have come thru the EB channel.
2. The core team, can you please tell, is it realistic to expect congress to view EB separately from CIR?
3. A lot of us here, have American managers, who would in all probability vouch for us and highlight why they want us to get a GC. We could even quantify this in dollar amounts. Can we highlight this?
4. A flash went off in my head when I read about a march to DC, do you remember the Civil rights movement, Dr Martin Luther King Jr, can we use this great man for inspiration? After all, though our cause may not be even close to what African American suffered, there are parallels.
5. Can we take some airtime on tv/radio to highlight H1bs? Is it a good idea? Maybe tech magazines ads?
6. Compile a list of Congress man/women, Senators nationwide, their stance on EB quota removal, this will help us quantitatively identify where we stand.
7. Folks, we are in a very tough adversarial situation, let us not forget that 40 od years back, if not for Civil rights movement, we would not be here.
9. Are there any celebrities who would/could support our cause? Hollywood, u never know we may have support from the most unlikely places.

This apart, a question to the Gurus, is the DOS visa bulletin based on DOL labors filed for that month? Does DOS confer with DOL to see how many labor certs were filed for the next month to come up with the visa bulletin? If this is the case, the visa bulletin may move at a good pace this year and next, please correct if wrong.

IV Core team, please lead the way, even if there may not be 100% consensus.

bump

some of them are doing for votes and some of them doing it for show ratings, but racism and hatred is there in their blood. i dont think they change their stance on this. but if they continue provoking white americans against immigrants like this, one day we have to face same thing what black americans faced in 50's and 60's, and govt is fully ignoring this.

PD-Nov03 EB2 here in Central-NJ.
Iam in the process of letting everyone in my friends community know about IV here. Please contact me @ studmvr@yahoo.com for any help for IV.

I have contributed $100 yesterday. We can do it.

As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!

I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.