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  • zCool
    03-20 04:43 PM
    IF USCIS revokes 140 for fraud, you got 2 issues
    1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
    2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
    If you don't trust the company.. leave while you are ahead!





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  • anishNewbie
    09-10 06:07 PM
    MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.

    Wow.. this is worrying factor...:( :confused: :(

    I hope there would be some1 here in this forum who would have passed the Labor, I-40 or GC test with just MS+0 experience with EB2 category...





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  • nozerd
    09-07 09:54 AM
    Yes ofcourse, if I was at the end of GC road I wouldnt go in the first place.

    I was questioning this since I wanted to know if it was legaly allowed, since I wouldnt actually be working and earning in the US.

    If this is truly allowed and my company lawyer agrees then it would truly make my life easier.

    Thanks





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  • Blog Feeds
    10-28 12:00 AM
    AILA Leadership Has Just Posted the Following:


    http://1.bp.blogspot.com/_BVX2dyjOs1A/Sud-zjPBalI/AAAAAAAAACQ/s1h5c-dE0wU/s320/Immigration+Lines.jpg (http://1.bp.blogspot.com/_BVX2dyjOs1A/Sud-zjPBalI/AAAAAAAAACQ/s1h5c-dE0wU/s1600-h/Immigration+Lines.jpg) I had a very upset client contact me this last week. He was angry . . . at the Visa Bulletin. He could not understand how, after the start of the new fiscal year, there was essentially no movement in the visa numbers. I tried to calm him by telling him that he just needed to be patient. Then I realized how patronizing that sounded. How much longer did he need to wait? He has an approved immigrant visa petition (EB-3) with an early 2005 priority date in the worldwide category. So, I decided to try to figure out when he might actually get his green card. I ask that you bear with me through this process. This is a LONG post, but one I think you will appreciate reading.



    I have to warn you now, this math is a shot in the dark. I do NOT have all of the numbers of pending and approved cases in each category of employment based immigration. However, some estimate, based upon some pretty good numbers, is better than mere guesswork. Let me walk you through this analysis.



    However, I first ask you to forgive me in advance, math is the reason I went to law school. Also, the USCIS simply has not released clear numbers (possibly for fear of letting folks know exactly how long their wait will actually be).



    My focus for this analysis will be in the EB-2 and Eb-3 categories, since it is in those categories that our clients are most interested. There are four basic numbers we are looking for, NONE of them are easy to find. Let's discover the basic numbers we will be using:

    First, how many approved I-140 cases are awaiting a visa number? According to AILA's recent liaison meeting with DOS, there are 198,186 "case ready" I-140 petitions awaiting visa issuance, in the EB-2 (52,584), EB-3 (139,737) and EW (5,865) categories. Case ready means (as best as we understand), that as soon as the petition is current, the Adjustment will be approved or consular processing will begin. Obviously, the EB-2 numbers are only for India and China.



    Second, how many pending I-140 cases are there at the Service Centers awaiting adjudication? According to the June 2009, USCIS Production Update Report to Congress (http://www.uscis.gov/files/article/fy09q1backlog.pdf), USCIS had 85,970 pending I-140 cases awaiting adjudication. Unfortunately, USCIS does not break out the I-140 cases in this report between EB-2 and EB-3. These are the most recent numbers I could find.



    Third, how many pending I-140 cases are at the District Offices? I have no idea! I cannot locate anywhere the numbers of cases at the local USCIS offices. No one knows. Really. There is no report that I can find where this number has been released. And, frankly, I do not believe that USCIS has an accurate count on this either (I do pray they get such a count soon).

    Fourth, how many pending labor certifications are there at the DOL? This number is actually pretty sure. There are 62,100 pending labor certifications as of the September 22 stakeholder meeting with DOL (http://aila.org/Content/default.aspx?docid=30235) (not counting pending appeals). Unfortunately, again, we do not know which of the categories (EB-2 or EB-3) the cases will fall under.



    Now, it is time for the math. Assuming all pending Labor Certifications and pending I-140s are approved (yes, I know some will be denied and some are duplicates), there are at least a total of 346,256 individuals with approved or soon to be approved petitions awaiting green cards, not including their families. If we assume an average family size of 4 people (I believe this is a safe assumption), there are 1,385,024 people waiting on employment based green cards in the EB-2 and EB-3 categories.



    I know the number is huge! And next we have to try to fit that number into the two separate EB categories. Unfortunately, we have two problems in doing this. The first problem we have is that we do not know how many of these I-140 cases are in the EB-2, or EB-3 categories. So, let's use a little deductive reasoning here. Using experience and best guessing based upon the division we already know about in the numbers of cases from the DOS, lets say 26% are EB-2 (360,162), and 74% are EB-3 (1,024,917).



    The second problem is that we do not have a per country breakdown. (I hope the USCIS has that breakdown). How to account for this? Again, let's estimate based upon the DOS numbers, that India accounts for 70% of the EB-2 and 39% of the EB-3 numbers and that China accounts for 30% of the EB-2 and only 3% of the EB-3 numbers and the rest of the world accounts for 58% of the EB-3 numbers.

    We also know the maximum numbers available in any given year for all family and employment based categories is 25,630 (with some caveats), and that there are only a total of 80,000 employment based immigrant visas in the EB-2 and EB-3 categories combined (with some flow down from other categories).



    You can see we have leaped, jumped, guessed, and assumed our way to the follow conclusions:



    India EB-3 wait for permanent residence for a labor certification filed today: 15.8 years. This generous estimate comes from the fact that an estimated 399,717 Indian Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants which would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories, so the wait time is probably longer.

    China EB-2 wait for permanent residence for a labor certification (or NIW) filed today: 4.1 years. This estimate comes from the estimated 108,048 Chinese Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants that would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories.

    Worldwide EB-3 wait for permanent residence for a labor certification filed today: Well, there are 594,451 people waiting in this queue. The limiting factor here will be the 80,000 annual limit on employment based immigration. Excluding per country limits and flow down from other employment based immigrant visa categories, this is at least a 8.1 year wait.

    And these waits are from when the person STARTS the green card, not when they come into the United States.




    I can now tell my client a waiting date based upon, at least, some real numbers. But, I will still be wrong. The dates are not accurate, but at least it is not made up out of whole cloth. But we now all understand that we cannot look at the Visa Bulletin and actually determine how long the wait is.

    The point of this whole exercise, besides telling my client how long he still might have to wait, is to point out the consequences of these numbers.



    Line? What Line? These are employment based immigrants. Every single one has a job offer, an employer, and a certification that either there are no qualified, willing and able US workers for the job, or that the individual is so good, we do not even have to test the labor market. We need these people. We want these people. How many do you think will now just give up and go home?



    This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in your home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation?

    I believe these numbers have a purpose. The purpose is immigration reform, and not just a legalization. We all know that a broken legal immigration system causes illegal immigration. We need to fix the legal immigration system now! We need to modify the process, significantly shorten the wait and increase the numbers to meet the demand. We need to not include family members in the total calculated visa numbers. And, Yes, we need to make these change even in a struggling economy. We must maintain the great benefits that positive, focused employment based immigration has delivered to America. The reality is that Congress must act to help save the future of American innovation and economic growth. And, they must do it now.
    https://blogger.googleusercontent.com/tracker/186823568153827945-159310338954847679?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html)



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  • vamsi_poondla
    01-18 02:39 PM
    All the best....Floridans....hope you will write the letters this weekend without fail..We need to do this simple thing to show our strength.





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  • whiteStallion
    03-12 03:00 PM
    Congrats on being greened !
    We continue to wait :(



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  • tnite
    08-09 10:45 PM
    Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?

    Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.

    Yes marriage is another option, but only 50% is in my hand for this option.

    Please please guys, get me some way out of this situation.

    Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.

    The best option for you is go back to a community college to bridge the gap. Motion to reopen will take a long time.





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  • lazycis
    10-06 01:22 PM
    The law says (8 USC 1154):
    "(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
    A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."



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  • kaisersose
    04-16 02:29 PM
    Hi Gurus,

    I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
    No RFE/NOID received.

    Here is my case.

    PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.

    I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.

    After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.

    Please let me know what options I have.


    Thanks
    GCWarrior

    If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.





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  • s_r_e_e
    08-15 11:26 AM
    you just beat me in posting this
    :D

    happend to have oh law site open on the side while reading this... it was easy to find the faq link in there :)



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  • aprajimmi
    06-13 09:56 AM
    Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......





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  • pitha
    05-11 08:48 AM
    If you like your family so much you can always go back, you have a choice, people stuck in EB immigration have no choice they are being kicked out because of the long retrogression. Frankly all this talk about this family based immigration is nonsense. It takes 20 to 30 years for somebody to emmigrate uisng family based immigration. So does that mean that in the 20 to 30 years it takes for the "family" to come here, you dont love them in that time. The point I am trying to make is that all the people who are pumping up this family based immigration are trying to play up the emotional angle and are being hypocrites. If you can live in the US without the "family" for 20 to 30 years, I dont see any reason why they cannot live without the family comming to US at all. Let the "family" come to US on there on merit.

    The point-based system will not be good for this country. Many other countries have point-based systems such as Canada, Australia, New Zealand, UK, etc. The most who immigrate in these countries on the point-based system don't have jobs. Only those should be allowed to immigrate who has the job offer here. All the immigration fees and expenses to immigrate should be borne by the employer offering the job.

    Not only this, the people who promote this point-based system are interested in shutting off immgration based on family unification. Why you would not like your own family members to be here, when they all have been allowed until this day to bring their own family members from European countries.



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  • sodh
    02-12 05:07 PM
    Folks,

    employer's attorney claims that there is no such thing as H4 premium processing.

    Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?

    I searched all Mathew-Oh updates dated one year ago and can't locate it.

    I need to get that h4 under premium ASAP so that I can transfer to H1 in April.

    Can anyone please help?
    There is nothing like premium processing for H4, if your H1 is applied in premium processing, H4 is also processed in 15 calendar days.





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  • anilsal
    12-21 12:02 AM
    Hi Msyedy,

    Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.

    Thank you,
    pradeep

    Pradeep, can you post your credentials that entitled you to NIW(EB2). Just curious. You have a PhD?



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  • sundar99
    05-03 11:34 AM
    Instead of picking holes in the system, all that we need to do is to ensure the reporter gets the message " How legal immigrants are stuck so deeply for following rules" . This will help them put it out in press and debate on it, that way, there will be a larger awareness. You got to look at it from a larger perspective. The more awareness the better are the chances. The time is now to call reporters and highlight the plight of EB Retro folks. That way, they get to seperate legal and illegals (or Mex Citizens) inorder not to confuse the public.


    I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.





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  • shana04
    10-14 02:48 PM
    All:

    My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.

    I bought Visit insurance for my parents when they visited USA. Infact one of my friend who is a doctor has suggested me this.

    Here is the link www.visitinsurance.com

    I believe I have opted for Plan A.

    Good luck on that.



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  • sobers
    02-21 03:59 PM
    good job, eb3_nepa!!

    While you're at it, why don't you also copy and paste all the articles/news stories that support skilled worker immigration that are on this site, and send them across too.

    That will help them tremendously, since congressional staffers are often pressed for time and cannot gather all the supporting information by themselves.

    Thanks! Keep it up!





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  • reachinus
    08-25 09:38 AM
    Hi There,

    If ur 140 was sent to the processing center before 07/21/2008 you should be fine. The receipt notice may take 2 - 4 days to be generated some times and some times it has taken nearly 3 months(last july VB Fiasco). I think if you labour has expired you wouldn't have got the receipt notice, but not sure.

    Hi,

    My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.

    I recently got my 140 receipt notice with receipt date as 24-Jul-08.

    I am wondering is my 140 is filed with in the valid time.
    Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.

    pl give me the response.
    Thanks for looking this.





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  • sri1309
    11-03 07:33 PM
    short answer Nope
    a) because immigration is not high on Obama's agenda.
    b) the economic downturn will be used by the the anti's to thwart any measure to help us
    c) We are still very low on everyone's plate, democrats will want to get the illegals and all will use us as a pawn.
    d) The trend is that the right will become hard right and left will become hard left...wait and watch.
    the guys who will post bad comments, please remember that i had posted something similar when the democrats got majority and we have multiple threads singing the lords praise and showering flowers. It will be politics as usual.
    We need lots of active members to make ONE strong case and keep hammering away at the lawmakers, instead we get a daily dose of self motivated threads which divide the already small group into smaller groups ((petitions, cases, class actions, EB3 Vs EB2, masters Vs 'grand'Masters etc:rolleyes:) .

    Imagine you are one of the candidates. Will you raise it. We must make them realize this is important,once they get elected.
    This cannot be an issue to be raised by any candidate thats more focussed only on economy. Immigrants arent playing any +ve or -ve role here. So why will their issues be part of election campaign.
    Again, please congratulate the new president, and do let them know our pain..Tell them we need some dynamic leadership and quicker action.





    tikka
    05-31 04:58 PM
    Now is the time to take action.


    Thank you. If you could be so kind to keep encourgaing people to contribute and then post in the funding thread.
    we need $ for lobbying.

    Thank you





    harsh
    07-08 11:07 PM
    Gave it 5 stars. Good job. Hope CNN picks your video.



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