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So "At the point of Approval" DOS can actually set/move/retrogress dates. Based on USCIS input. As USCIS is not able to handle this accurately, chances are that at a particular stage USCIS may alert DOS and DOS may retrogress dates - chances are there (though I personally feel this will not happen in July)
Which means what some of these lawyers are saying is not speculation but a definite possibility.

It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.

If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.

Otherwise this is bogus information coming out of certain law firms.

And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.

I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?

If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?

Thanks a lot for your reply.

I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)

Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.

My labor has been approved & in that it is mentioned, position requires Masters degree.

Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.

I will really appreciate your response.

Thanks.


Hi GetGC08,

Do you have details of what kind of information was requested by USCIS? I have the same notice as yours when I check my I-140 status online. It was sent on July 28th 2008

Reply asap would be appreciated.

Thanks.

I think this discussion is enough. The ratio of persons wanting to file a case agains't USCIS is more than 85% . The poll never reduced to less than 85% even after a lot of members were added at different intervals.

We need plaintiffs. People who have been working for fortune 500 companies or govt organisations or non profit organisations or university research or commercial research organisations will be the best fit because they will have a clean immigration history? I think we need a seperate thread for plaintiffs or a seperate group. What do u guys say? Somebody can also contact AILA also about plaintiffs. We may need to start a seperate thread or seperate yahoo group for plaintiffs.

Is H-1B working at a gas station a bad apple? Yes.

Non-Indian staffing company keeps $150/hr, 25 years back. Is this a bad apple? How much can a staffing company keep? Why? Who decides it? Has Hilda L. Solis decided it for for US workers? Why should Janet Napolitano decide it for H-1B?

Contractor salary and benefits come from his/her billing only. Most US workers are not paid on bench/benefits. Why should H-1B be paid on bench/benefits? Contractor can be paid on bench/benefits only by spreading the billing over bench/benefits (thereby reducing paycheck). Why is this a good apple?

Why do you think he is talentless? Just because he is not an ivy league or not a doctor? He is extremely talented. .

Due respect Chanduv23 - I believe there are a million and more who've done better and fought tougher battles. I'd think some of them are here on this very forum. I may not have had an opportunity to grow up in India - however, I'm pretty sure - in fact quite certain, the sort of b'wood trash dished out, is nothing representative of Indian culture and ways of life. Most of the stuff encourages ills of American pop culture and feels desperate to the point of being foolish wannabees - and you know what's really sad -- that people from a nation with such incredibly history & culture need the feel to ape ills of American pop culture and the likes. As for Shahrook Khan - the man CAN'T act - unless you think some sort of speech disability, lip-synching songs (sung by folks with actual talent) and running around foolish women in skirts is talent and form art?! I wish the admins would remove the silly post from the forum.

OK breddy I searched in youtube. I see chandu is from vijayawada. Now I know why he is talking crap on YS Rajashekar Reddy.

(BTW, I don't believe in castism, I don't have any caste)

None of you have single point against the fact that YSR was a “gunda, a land grabber, political killer who amassed huge amounts of illegal wealth and land, never ever seen in the history of AP?” and still you don’t want to accept that he was a gunda.

Shame on you educated idiots, get a life. Every one here has seen chanduv23's postings and how balanced his views are, except you fanatic followers of YSR. Every one here agrees to fact that YSR is a gunda, except you guys.

Look at this links and people comments: More ‘eulogy’ on YSR � Janamejayan’s Weblog (http://janamejayan.wordpress.com/2009/09/03/more-eulogy-on-ysr/)

Finally god saved the AP. He made lot of money by corruption. He never bothered about AP future. He concentrated only to keep power in hand and destroy the opposition parties (mainly TDP, PRP, TRS, CPI/CPM).

One basic note that Amway/Quixstar guys/preachers/creatures should understand is that "Not every business/job is for every one".

Few individuals can do only certain kinds of jobs. However, I notice that these Amway/Quixtar guys always project that, any dumbo can do this business (if followed rules). And also, they project that this is the only way earn money on this planet. If some one follows their own path (own ambitions), then they think that he/she is an idiot that they not joining them. For God's sake, Amway guys don't bug people. When some one said no means, Its NO. don't put pressure on strangers.

I will tell you my experience/observations with most of the Amway/Quixtar guys that I met.

1. They dream of early retirement, free money, free cruise trip, free vacations etc., where as in reality, they don't even buy good TV for them selves. I know few folks who purchased a 18 inches bathroom tv for $5.00. I am not against second hand a TV for less, but check the reality and see the difference between dreams and reality.

2. Forget about TV, it may not be an essential in life for everyone. I also noticed that they don't even purchase proper food/groceries. May be not are alike. I have see many in my past 15 years of life in US either in Bayarea or in Texas or in PA.

3. There was a Quixtar/Amway Summer conference few of years ago. I have seen 32 adult people stayed in a Single bedroom apartment (around 700 Sq Ft) for two nights. Yes, I literally counted people coming out of the door (right opposite to my apartment). I couldn't believe my eyes/brain initially but its truth.

I am not offending any one intentionally, but know the difference between reality and dreams.

for 2 hours, Sharukh Khan may have felt like common man. WOW.

Yes, it does look stupid, every guy with name KHAN looks like terrorist for homeland security officers.

Other officers recognized him within 15 minutes, This particuler officer did not listed to them. Yes, there are some officers who think they are "Sharukh Khan"s of US immigration system.

I agree, they have every right to question him, not for 2 hours though...

Looks like this is going to help his upcoming movie with publicity.

Thanks for your valuable information. But how about lots of unused visas?
Why USCIS did not allocate those to countries like Nepal which only used 70.


Further division is not good.

I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.

I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.

SK2006 and snathan:

I do not agree.

First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class. Problem with US is "only select" people get frisked most often based on their skin color or names. This is a fact. I am a frequent flyer consultant , I have observed this many many times.

Second, Indians are doing what they are supposed to do. first, they show respect to dignitaries by not frisking or not stripping robert gates, george clooney or bill clinton or any other dignitary from any other country. Americans are not doing what they are supposed to do.

When geroge fernandes was stripped , he had a diplomatic passport. Everyone knows he was defence minister and there was a delegation with him. Secondly, abdul kalam was frisked, which I feel is also negligence of Indian authorities not to be assertive.

So Indians are not doing their job by not being assertive and taking care of its own citizens. and not pressing for their own rights,

I do not feel so bad about Shahrukh, although I think it is profiling, as I do for fernandez and kalam.

This is nothing but profiling and some stupid hot headed mentality. Let there be frisking of americans and stripping of them at Indian airports. Will americans accept it? If not why should Indians not make noise about it?
Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.


My point is Indians do not have the balls to do it. Forget americans....they can not even touch an indian MP. Every day lots common people going through this security check. Whats so special about SRK. He is king only in his mind/heart. For lot of people he is crap. No special treatment. Whats the big deal if he is detained for 1 hr. The world is not going to end

The Thing is No Matter how much we go logically, but nobodys know which direction USCIS will take.
Not that I am contradicting your logic for calculations, i completely agree with your calculations.


USCIS TRYING ITS BEST, with the available resources, TO KEEP THE EMPLOYMENT BASED CATEGORY IN SHAPE.

BUT THE REASON FOR ALL THIS MESS IS ITS WORKING WITH DECADES OLD IMMIGRATION RULES and WITH a HUGE DEMAND OF EB VISAS FROM A VERY FEW COUNTRIES.

THE MESS IS WITH THE IMMIGRATION RULES, WHICH ARE WRITTEN DECADES BACK (MAY BE AT THAT TIME THE LAW MAKERS MIGHT NOT HAVE ASSUMED THE EB DEMAND WOULD BE FROM A FEW COUNTRIES LIKE INDIA and CHINA), BUT NOT WITH THE USCIS!!!!!!!!!!!!!!


TIME is REACHED FOR IMMIGRATION REFORM.

Just because one guy is pointing out fraud in H1b he is not anti immigrant. Can you call entire congress is anti immigrant just for passing TARP restriction unanimously? But still we are optimistic of getting support from congress for EB reform. 99% of H1bs will not be impacted by this memo if that is implemented properly. For example even if USCIS does not approve h1b because he is having multiple layers of H1b still that position will be open and that can be filled by H1b person who is placed directly. The person who impacted by this memo will suffer a few weeks and he will find another job. Basically it will not impact H1b program or H1b persons. Even after the memo many H1bs were approved with third party consulting. Can you tell any denial based on the memo? But I am seeing many RFEs for H1b applications without client letter. That is normal and no one complaints about that

Do you mind to tell us in which category you got your GC?

http://www.notcanada.com/

you are much better of in india if you cant get GC in the US.

I think this is blown out of proportion.

First thing what exactly "detention" means? Did they tie him up upside down for 2 hrs?

May be they took him to a room, where he waited along with the common man..in India politicians and filmli ones may get to jump the lines and get special treatment..so they never knew what it is like standing in the line.

SRK should use his common sense and keep quiet rather than making a fuss out of nothing..he is not APJ kalam to demand or deserve special treatment.

I remember last year, there was a news about SRK making noise in one of the European airports where he was not allowed to board the flight ahead of others and he argued with airlines staff that "I am SRK".

Note: I am not a fan of SRK..was never and will never be. I am Aamir Khan's fan :)

Dude, I don't know where you come from but you have a very thorough and deep knowledge of how to run the prostitution business. However, I am sorry to say that you know nothing about consulting business.

You call desi consulting companies whatever bad names you want, but the truth is that consulting companies are the one who:
1. Files for GC, the way you ask with no questions asked. (nothing illegal about it)
2. Helps you maintain legal status while you are on the bench ... If you are working for non-desi company and your services are not required, you get a pink slip.
3. Pay you per you skills. Contrary to general conceptions, desi consulting companies pay you appropriately (at least most of them) per the billing rate they get from client. Remember it involves cost to run you payroll like payroll taxes and salary of employees, so you can't keep 100% of billing rate.

Desi consulting companies are not always a blood sucker and desi consultants are not idiots. Infact they are may be more skilled than a IT profession working in big-shot American IT company and doing the same job for last 5 years. Consulting provides you a new job and new set of challenges and technologies to work with every now and then.

Consultants are the work force driving American IT needs.



In fact consider the consulting business like prostitution and the h1b consulting companies as no more then pimp.No matter whether my sister or I work for the same.Let me explain the business processes of two for you.
1.Client is most important in both the cases.No matter how client mistreated you , the pimp will take you to different client but will never snub the client.
2.You work at client site on odd hour.
3.It's pimp's job to keep pros under control and scare them of consequences for deserting them. H1b is one such tool and another is too restrictive contract ( 18 months etc ).
4.If your tech skill got outdated they will dump you ( regardless of contract ) . Old pros becomes "Mausi" and old consultant opens Consulting co and starts h1b hiring.
5.If you have to have latest skill and for every new engagement client will select from many resume like in pros business. Pros do make etc to be in market.
6. Pimp will not like the contract to hire clause but h1b/pros will like to have that.
7. when some one enforces law to ban the business organize protest march of pros . have you seen any protest march by pimps ? Same here , protest march by h1b consultant not by consulting co.

Try to observe the prostitution business and your profession and there is not much differences except we have illusion and they don't.

Is this the reason the PDs don't move forward?
How many pre-approved labors are there?
I mean, if they got hundreds of thousands of pre-approved labors, the PDs will not more for a long long time......

Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.

singala racist won't say jai hind... try to come out of that well

Jaihind

Good try....try something else now..=:)

So with Oct 07...new year starts for the Visa gain...so will the dates starting moving forward by Nov07

Dates are already current. How much forward you want these dates to move. I don't think it will go in future :)

May YSR's soul rest in peace. I am not YSR fan but he is no more... So what good, what bad?

Pls, it is cheap to reveal anyone's identity, posting personal details, and this kind of behavior on these posts. Pls stop bickering... In the free country like US, be tolerant enough to listen to others even though you don't agree with a person.

IV core, pls delete this thread, it's disgusting and embarrassing.

Yes Ramba. I am aware of that. I will not start celebrating I till I see the GC in my hands. But still I am pretty excited about all this.

I wish your hopes comes true. However, one thing you should remember. There are many guys with PD before 2005 got stuck due to name check, particularly in ROW catagory. This big jump in PD for ROW and new name check clearance rule, will makes tons of 485s become eligible for approval in March.

As they mentioned in their comment, they may freeze the PD for ROW in APril or move back to 2004, depending on how many EB3-ROW gets GC in March.