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  • axp817
    11-25 04:00 PM
    A general question - Is it normal to see LUDs on the 485, approved 140, approved 765/131 a few (3) weeks after sending AC21/G28N documentation in?

    I changed employers about a month ago (140 approved, 485 pending more than 180 days), and the new company filed AC21 on Nov 3. I saw a soft LUD on my 765, 131, 485, 140 yesterday (Nov 24) and another soft LUD on just my 485 today (Nov 25). I wonder if these have to do with the AC21 and G-28N updates or if it is a sign of I-140 revocation and I should expect a 485 denial soon?

    Any response will be highly appreciated.

    Thanks,




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  • h1b_professional
    07-20 10:19 AM
    Should we send emails to our Senators requesting them to vote for SKIL bill
    Email campaign may be




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  • ramaonline
    06-16 06:40 PM
    Another paypal contribution on top of the previous amts - just in response to those friendly bumps..

    ID - 8U366744YC025615S




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  • indio0617
    03-16 10:13 AM
    Got through this time. Same answer... that they will resolve it soon.



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  • JunRN
    10-24 12:19 AM
    If this becomes a law, the USCIS will draft the rules. Definitely, those who are already in line will be allowed to use the recaptured visas and will pay the fees for that. They will also retain the PD.

    I am hoping for the best this time.




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  • senthil1
    10-03 04:40 PM
    Increasing green card numbers will resolve this problem also. For example doubling the Visa numbers will not have much impact when CIS wastes a few hundred or a few thousand Visa numbers. If Annual cap is 300k then also CIS may waste 5k Visa numbers every year on average. But without increasing gc numbers even full utilization of 140k Visa will not have any impact Indian PD as demand is high.


    Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
    We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
    If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).



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  • QuestGC
    01-06 08:30 AM
    A small but important correction in the above quote. Indian education is not a gift of the Brits. As a matter of fact history of eduction in India dates back to its cultural heritage. Nalanda university is considered to be the worlds first university. Correct me if I am wrong.

    Yes. Nalanda Univerisyt is one of the oldest. If you consider the 80% of education system we follow, they are all gifted by brts.
    Ex: English... the way we speak and use the language is like brit.

    Irony,,, Nalanda University is being revamped (I think structure wise) by Japan government.




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  • willwin
    04-01 11:53 AM
    If the system is flawed, any effort to work it out to get things done would seem incompetent and inefficient. First off, this guessing game by USCIS of estimating visa applications and asking for visa numbers from DHS is so neondartal and ridiculous.

    Process must be automated and centralized to eliminate any human intervention in performing guesstimates. A pool of visas must be made available in the system and must remain available for the next year to be carried over if needs be. That would eliminate pressure on officials to play the game in the dark and rush like maniacs at the end of the fiscal year to catch frogs!

    With all the revenue and system they have, do you think this is so tough to streamline? I doubt.

    They can, at the minimum, have the cases in sequence, process per FIFO, control PD movements logically. The minimum they can do, easily.



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  • insbaby
    07-06 01:40 AM
    Most leaders are actually volunteers in IV. They have a regular full time job.

    What you are saying: "who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening" :

    For this you need to hire full time lobbyist which costs a lot
    of money. IV budget is nowhere close to that the Hispanic lobby group:
    National council of La Raza whose budget is
    $40 million or $1.3 billion including its “affiliates” network.
    IV is a tiny organization in front of La Raza. Thats....a BILLION with full time lobbyist.

    I strongly suggest you listen to the audio interview to understand how big the hispanic
    lobby is.

    Raul Yzaguirre on Past and Future of La Raza : NPR (http://www.npr.org/templates/story/story.php?storyId=4229605)

    With such power also they cant pass CIR. But at least they ensure that no
    EB or illegal immigration reform will pass unless there is something for illegals.

    I agree. Thats what I tried to say.




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  • purgan
    08-17 11:29 PM
    grupak/mirage/pani6

    i support your efforts and have printed out and sent letters to the people mentioned. Momentum for release of information should build up even if we have 50-100 letters from affected people...otherwise people won't know of EB-3 IND's plight.


    I suppose we should followup with phone calls in 15 days to cement our request. We should have a poll on who all has sent the letter and made the call.



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  • Edison99
    04-18 09:14 AM
    How long it takes to get 140 approved in regular process?

    Officially 15 days. But according track itt website , it is taking at the most 8 or 9 days.




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  • susie
    07-15 11:32 AM
    2 0f 2



    Jack, Mary and Sundeep

    Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.

    Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.

    Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).

    He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.

    Education

    Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.

    If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.

    To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:

    1. Has a residence abroad;
    2. Has no immediate intention of abandoning that residence; and
    3. Intends to depart from the USA upon completion of the course of study.

    Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,

    it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]

    However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.

    Jack

    Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.

    Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.

    During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.

    However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.

    The Need for Reform for the Children

    Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!

    Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:

    * He is not allowed to live in his home with his friends and family automatically;
    * The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
    * The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.

    The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.

    Help for the Children of Illegal Migrants: The DREAM Act

    Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.

    Reporting Errors

    This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.



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  • rtarar
    09-08 08:14 AM
    6 years 2 months and counting.




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  • pcs
    04-25 01:18 PM
    I am for it ( without diluting our present progress).

    In fact it is the real date which makes sense & also provides relief to all H1-B new or old. New guys can peacefully change their jobs till their PD becomes current & do not get screwed by employers



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  • manand24
    09-01 11:35 AM
    10 Years and 13 days to date.
    Came to US on F1 Student Visa in August 2000.
    Labor filed April 2006 - EB2 India




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  • tinamatthew
    07-20 12:37 PM
    What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)



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  • mallu
    04-02 02:29 PM
    You don't need to be harsh on your comments. You can go ahead and file a case with USCIS. That's what I've been saying here all the time.

    Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.

    I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.

    That is right. People can express their opinions. No name calling and rough language.




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  • freakin_gc
    12-15 07:16 PM
    diptam : Whether your I-140 is approved now?

    I've sent 7001 to Ombudsman , Contacted Congressional offices and ultimately filed a Service request in Nov 1st week. After all this NSC opened my case yesterday Dec 9th and the status changed to "RFE sent" - there you go ! They bought at least 2 months extra time.

    What a bunch of jokers at NSC - my case was extremely straight forward :(




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  • 485Mbe4001
    08-18 12:23 PM
    you can modify the letter posted by mirage to include your details. i had updated it to the following.

    I understand that the visa allotment process is constrained by the laws passed by the Congress, USCIS should also understand that applicants from retrogressed countries that have spent significant years of their careers waiting without any indication or guidelines as to when their dates will be current. I am sure everyone will understand the futility of waiting in a line where your position keeps increasing or decreasing every month with no end in sight.
    It will help us make concrete long term decisions if you could provide the following information for the retrogressed countries.

    -- number of pending EB1, EB 3 and EB 2 AOS cases per year for retrogressed countries from 1999-2008.
    -- number of unallocated EB visas from 1996-2007



    I also wanted to send the letter, but saw a ton of comments on the original letter. It would be a good idea, if some one goes thru the comments and update the letter in the original post. I think we should all send a decent letter.




    sriramkalyan
    07-05 07:36 PM
    Looks like some one upset with Donor only calls..

    Lot of members got use to Free Food ..




    test101
    07-05 03:19 PM
    I just spoke with an Immigration Representative of my Senator. She knows me as I met her last year with my employer for my other issue.

    She just informed me that we are (Not only we but whole Congress) shocked with un-precedent action of DOS/USCIS for July VB. Senator's Washington DC office is working on this issue including immediate legislative relief to Employment Based immigration. She is well aware of whole drama of July VB. I am going to call Washington DC Office as well.

    I encourage every one call to their Senator and HR and speak with Immigration Representative. I think first time media and lawmakers have acknowledged the problem of Employment Based Immigration.

    Call make much impact than the email/fax

    Can this be in head thread. So peole start organize and call based on this information.



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