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  • jonty_11
    02-05 02:39 PM
    Used "Automatic Visa Revalidation Rule" for entering US from Canada

    All,
    Just wanted to let you guyz know that i have Used "Automatic Visa Revalidation Rule" for entering US from Canada, there were Issues at all, i entered US through
    Peace Bridge.
    I am planning to Visit Canada again, and wanna use "AVR"
    but did u land in canada for immigration purposes? with ur AOS pending iN US?





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  • PDOCT05
    10-10 12:06 PM
    I am still waiting :)





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  • prem_goel
    11-17 09:50 PM
    done





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  • HumHongeKamiyab
    12-16 05:50 PM
    Appreciate your quick response.

    If you cant get a copy of everything (if you ask the attorney directly you should be able ot get a copy of the complete filing) try to get:
    - copy of LC or atleast the section that describes the skills
    - copy of employment verification letter which describes skills

    original I-140 typically stays with employer. trhey might give youa copy of the approval notice...



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  • Macaca
    03-09 08:05 PM
    Go Outback tonight.

    Don't forget Cheese Fries and a drink that rocks your boat!:cool:





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  • anzerraja
    07-19 08:58 PM
    Thanks for your prompt response.

    Will do it shortly


    Goto this link https://www.google.com/accounts/ServiceLogin?service=writely&passive=true&continue=http%3A%2F%2Fdocs.google.com%2F&followup=http%3A%2F%2Fdocs.google.com%2F&ltmpl=homepage&nui=1

    and click create account now link. Enter your existing email address. For this purpose you can create one yahoo id and use that id with password you have given. you are all set.

    You would get an email to verify your email address. Once email address is verified. You can use the email id and password to login to google excel.

    create an excel and share it. in the share page check the radio button "as collaborators" and check "Anyone can view this document at:" checkbox and paste the link you under that check box in this forum. Hope this helps. If you need further help, let me know



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  • chanduv23
    07-09 11:33 AM
    I just PM . There is a report from washington post who is trying to do a story about the flower campaingn.

    Story for the Washington Post

    --------------------------------------------------------------------------------

    Hi all,

    I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.

    Thanks!
    Xiyun

    email:yangx@washpost.com
    office phone: 202 334 6701

    Excellent stuff. Lets get more and more media attention - good going folks.

    Just wondering what is 12 million illegals sent flowers :D :D :D





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  • GCStatus
    09-14 04:10 AM
    It sounds easy..but funding drives are not always easy when reality strikes...how about starting a spreadsheet with names and ph# of people who are willing to contribute $100 for this lawsuit. As soon as we have the 1000th name, we start depositing money to a bank account. 100 grand is not small amount and I am sure we can find a good enough lawyer to start a lawsuit for that kind of money.

    I and my wife are ready with our 100 bucks each.....and can help with maintaing the spreadsheet etc.... how do we get those 1000 names now....or do we even have support of 1000 people around here...that is the biggest question.

    Exactly

    Friends - Please PM me or MAN-WOMAN and GC, your respectively details. We will start accumnulating names.

    Show time !



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  • pitha
    07-08 11:08 AM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.





    It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.





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  • EB3_SEP04
    08-13 06:18 PM
    Hi,

    My employer filed my wife's and my EAD paper based application on Jul 25, 2008 (TSC Received Date). But I still haven't received the Receipt notices for the same.

    Generally how long does take to get the receipt notices?

    Please let me know if any has filed around same date and received the receipts?

    Thank you!

    my app reached on 7/1, Recieved receipt on 7/11 with notice date 7/7. Remember 7/4 was a holiday. 8-14 calendar days is the most common i have seen for receiving receipt. Ask your company's lawyer if the checks are cashed yet, if yes try to get the receipt # from the back of the check. When my first EAD was filed last year, our corporate lawyer had sent me image of back of the check.

    Good luck!



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  • vbkris77
    07-19 10:49 PM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.

    Even though I am waiting under EB2, I support this initiative. However INA clearly tells CIS/DoS to follow their current approach. Otherwise, this would have been in our first question to administration. Read below the text from INA with emphasis added.

    Now I don't think it is fair. So I think we need to ask IV Core to analyze the proposal of adding the required text to CIR to make the process level playing for everyone. Recapture of visas coupled with removal of country limits would actually clear the current backlog. But to avoid future backlog I think it is only fair to make Spillover of the visas available beyond 28.6 % of visas available for any category be applied to the applicants with oldest priority date irrespective of the priority category.




    INA Sec 203

    (b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):

    (A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -

    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

    (iii) the alien's entry into the United States will substantially benefit prospectively the United States.

    (B) Outstanding professors and researchers. -An alien is described in this subparagraph if -

    (i) the alien is recognized internationally as outstanding in a specific academic area,

    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and

    (iii) the alien seeks to enter the United States-

    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or

    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

    (C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.


    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    (B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.



    (ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--

    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and



    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.


    USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)





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  • jonty_11
    10-27 10:44 AM
    I understand we want to stand alone with our issues and that may be favourable to us from an anti-immi stance taken by many in Govt and otherwise. I am not sure though if by alienating EB retrogression issue with H1B increase we will be able to get anything done.

    Our main supporters are teh corporations who hire us and want us to be perm. There bigger concern right now is getting more people who can hired on H1B. Unless we threaten mass exodus, I do not think we stand a chance if we try to run alone with only EB retrogression issue.

    People (Senators aginst CIR or SKILL and even NUmbers USA) may say that OK we are not against you folks, but the point is will those same people do something about our predicament if this was the only thing on the table, I dont think so.



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  • malaGCPahije
    03-26 10:38 AM
    EB3-India with PD 2003 and before - Most will be out by December 2008 -
    Perhaps 10% may still rot in NC further.
    EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
    Perhaps 20% may still rot in NC
    further.
    EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
    Perhaps 5% may still rot in NC
    further.
    EB3-India May 2005 Onwards - Can not predict - It is good to look for other
    options and that option certainly MUST not
    be switching to EB2

    BharatPremi, I hope your predictions are either met or excelled. I will pray for the happiness for your future 7 generation :-). After waiting for so many years, even 2009 does not sound that bad. I know I have no right to complain since many in EB3 have been waiting for years before me.

    I also agree that porting to EB2 is not easy. A couple of my friends had their PERM labor itself rejected. I think waiting it out in EB3 may not turn out to be that bad. Or I do hope so....





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  • pitha
    07-07 08:43 PM
    she said "But we're prepared to talk to people about what happened here."

    hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS



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  • vij
    06-14 02:36 PM
    Did any one filed on june 1 and still waiting for RD notice





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  • cjain
    11-01 05:18 PM
    pls try to understand...my statement is valid for beyond the 180 day period....i agree that one should not change before 180 days irrespective of whether the I-140 is approved or not...

    the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..

    So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.



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  • go_getter007
    12-17 06:58 PM
    There are friends in India who are not even considering to come to the US since they are very happy with their jobs in India after their post-graduate degrees (including a few folks from IIMs).

    If memory serves me right, I read in one of my company's presentations that 40,000 Indians have relocated to Bangalore in the last 10 years. I know of at least 12 folks who went back and are living happily there.

    I realize that the number of folks coming to the US on several visas (B, F, H, J, L etc.) is much higher than 40,000, but a decade ago, when I came to this country, people wouldn't even think about relocating - so, things are changing.

    Relocating is obviously a personal choice based on several personal factors. I consider myself lucky in that like many of you at least I have an option to go back to a country with a strong economy, if GC doesn't work out in a timely fashion.

    Good luck.

    GG_007




    Personally, I think I'm beginning to see the shift in attitudes of young Indians now visiting the U.S. - of course, many will be tempted to stay in due course, and most of us here do truly appreciate what this country has to offer.

    The point I'm trying to make is the comparative state of the nations (both India and the United States), their respective economies, consumer confidence and hopes of their people, is in fact changing mindsets.

    There's no denying that this major shift is well on its way. It's no co-incidence that every single Indian I talked to in the last 2 weeks (temporarily here for education/work/whatever... ) immediately ruled out the idea of making the U.S. their home long-term, or even in the medium/short-term.

    In stark contrast, though, the H1B visas do get used up within hours of the visa lottery being opened... but I wouldn't assume all of those wanting to work here for some time on a H1B visa will want to stay back.

    Again, I don't have statistics to back up the theory - just anecdotal evidence, with a sampling far too small and based on my own personal experience and conversations...

    jazz





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  • Ushakiran
    05-08 05:59 PM
    should we add the following content?
    EB quota is only a small share compared to overall immigration quota. Per Country cap on family based immigration can still be remained to ensure diversity. However, we request to remove country cap on EB immigration. US employees are only looking for talents to keep competitiveness, no matter the talents is from India, China, or Luxembourg .




    Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.


    Subject: Discrimination of Indian Immigrants

    Dear President Obama,

    I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.

    One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.

    President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.

    Thank you President Obama and you are doing a wonderful job!

    Sincerely,
    Xxxxx xxxxx





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  • rogerdepena
    10-02 01:33 PM
    i'm sorry to hear that some july 2 filers ares till not getting receipt notices. anyway, here's mine:





    gcbikari
    11-17 03:34 PM
    Done for GA.





    mannan74
    08-27 10:42 PM
    I-140 Filed 7/12/07 (Pending)
    I-485, I-765, I-131 Filed 7/25/07 (Ofcourse pendin)

    Dont know if checks cashed as it was sent by my company lawyers.

    No Reciepts yet for either of them, atleast not yet updated in my employee profile in company.

    Thanks



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