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the war of the worlds 1953

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  • drona
    07-11 01:38 PM
    New post on Bender's Immigration Bulletin

    Channeling Gandhi

    http://www.bibdaily.com/





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  • beautifulMind
    09-24 04:59 PM
    "interfiling" to use old EB3 PD for new EB2 is not the easiest path for EB3-I guys specially if they have used AC21 and work on EAD now ( Most of us are in this category). Priority date porting is not an issue, USCIS does not have a problem with that. The problem is with "Job definition and level". While one use AC21 claims job position matching EB3 job classification and if there no enough progression gap between AC21 usage and "inerfiling" It becomes hard for a lawyer to convince USCIS that fellow is matching EB2 capability under same job classification. Hundred of such intefilings are waiting without no action from USCIS. My lawyer's advice wait till we logically can establish the skill progression, in other words minimum 3 years of wait from the day AC21 usage. And other important thing is "real promotion" in position should happen at employment and this whole explanation is based on assumption of employment at the same employer. If you change employment inbetween after AC21 usage and before interfiling , your 3 years wait cycle starts from new emploment date. I have not filed "interfiling" just because of these reasons and waiting for correct time to do that. In other words Eb3-I is really and badly screwed.\



    I am in a similar situation

    I have EAD from an EB3 application and I applied for labor in EB2 with same company but different position while working in the new position on EB3 EAD

    My eligible date for ac21 is Jan 2008

    so are you saying I should only interfile 485 in Eb2 in jan 2011?

    You reply would really appreciated since I am really confused





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  • mallu
    08-06 02:43 PM
    Why would you say EAD and H1B will be denied??

    if one is taunting , " Look FBI bosses , i am stuck in security check, still i am a working with my H1B/EAD . How dare you allow to people remain here - for many years - if you suspect something is fishy with their record "





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  • anura
    03-30 12:10 PM
    vdlrao
    That sounds about right and realistic. On the other hand I think the movement will be more. I mean if DOS just moves the dates by 4 months after making such a big announcement ...WTH??
    And I thought DOS is gonna move the dates by ONE year into June 2007...ha ha ha...

    Absolutely, the chances for movement to June 2007 is bright but not in May. One of the old models did predict August 2007 by Sep 2011. And then it was noticed that EB3 porting was not properly accounted for in the equation (only 150 per month was accounted). Thereafter, it was stated that Eb3 -> 2 porting is at least 500/m (which I thought was quite a bit). This burden in the model dragged Aug'07 predicted movement date to Nov'06. Now that 12000 EB1 spillover is being claimed, this would account for and balance even 1000/m Eb3->2 porting. Therefore an August 2007 PD by Sep'11 is a good possibility. But the visa bulletin has it's own brains.

    A



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  • bayarea07
    09-15 10:54 AM
    bump





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  • gc28262
    08-21 12:11 PM
    If phone companies resort to misleading advertisements, you can complain to FCC (Federal Communications Commission)

    FCC Consumer Complaints (http://esupport.fcc.gov/complaints.htm)



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  • vdlrao
    03-31 11:33 AM
    (1) - (2) - (3) gives the spill over from EB2 ROW to EB2 (I&C), which is 1,426Which means EB2 ROW to EB2 I&C spill over is mere 1,426 ???? Hope we are wrong... this looks scary...


    53,872 ( EB2 Total allocation in 2010 ) = Some X (EB2 ROW usage is say X) + 19,961 ( Total India received in 2010) + 6,505( Total China's received in 2010)

    ==>> X =[B] 53,872 -19,961-6,505 ==> X= 27406


    ==>> So Total EB2 ROW usage in 2010 is = 27,406



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

    1)EB2 I & C Usage = 19,961+ 6,505 = 26466.

    2)Visas due to Spill Over for EB2 I & C = 26466 - 5,604 (EB2 (I&C) Regular quota {2*(40,040*7%)} ) = 20,862


    3) Visas due to spill over for EB2 India only in 2010 = 26,466 (EB2 I & C Usage ) - 2,802(EB2-I Regular quota {40,040*7%} ) - 6,505 (EB2 China Total Usage) = 17,159.


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

    1) In 2011 according the USCIS statement we are getting 12,000 spill over visas in MAY.

    Out of that about 10,000 will be allocated to India.

    Reason: India PD based on April bulletin = 08 May 2006,
    China PD Based on April bulletin = 22 Jul 2006

    India has to get cleared 3 months (May Jun and Jul) before the spill over allocated to China.

    The average demand for EB2 India is about 1.5k/Month.

    which takes 3*1.5 = 4.5 K visas.

    The remaining Visas = 7.5 K

    The average demand for EB2 China is about 700/ Monnth.

    The Total demand for EB2 India & China together from Aug 2006 will be about 2.2k/Month.

    So 7.5K will clear about 3.5 months of EB2 I&C from Aug 2006.

    So The May bulletin takes the EB2 I & C to November 2006 Or December 2006 as we also get the regular monthly quota of 2*(40,040*7%)

    -------



    Just my assumption. God only knows how USCIS moves the dates in May.


    .





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  • funny
    09-09 04:16 PM
    30,951 Immigration Voice Members

    Please call all Numbers except co-sponsors ...
    Find people And ask everyone else also to call ...

    1033 (198 members and 835 guests) are active right now....Every body please call..



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  • serg
    07-09 09:48 PM
    we are giving USCIS options on how to deal with the campaign.
    If they really do forward the flowers they need to think about seperating notes from flowers.

    They will pay a smaaaaaaaall amount to delivery guys who will strip all notes and that's it. Or they could say "it's gov. necessity' to remove a message from bucket, and it will be free. :(





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  • SDdesi
    07-10 08:41 PM
    Good media coverage on the flower Campaign....Please digg

    http://www.reuters.com/article/politicsNews/idUSN1035511020070710

    Currently at 18...please digg



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  • rajuseattle
    04-06 12:23 AM
    GC_info:

    YOU can apply her AP with the instructions to deliver the AP to nearby US consulate in India. Upon AP approval, she can go and collect her AP from the consulate and come back using AP.





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  • Tantra
    07-12 08:00 AM
    Gandhigiri in Amrikka!!! -- http://mutiny.in/2007/07/11/gandhigiri-in-amrikka/

    Indian green card seekers' novel approach -- http://www.gulfnews.com/world/U.S.A/10138698.html



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  • camarasa
    07-10 01:19 AM
    Don't know if anyone noticed but Mr. Emilio's statement nowhere indicates any acknowledgement of the hardships caused by the fiasco. If he (and USCIS) knows about "flowers", I am sure USCIS knows about the scramble, hardships and frustration caused by the fiasco. A simple acknowledgement through something like " ....while we regret unintended consequences of following our internal procedures, we have made arrangements to forward the flowers to ..." would have demonstrated leadership or honesty of intent which I guess is in short supply

    I think he is trying to say if anybody needs flowers its our men in uniform and not us (USCIS). I hope I am wrong but thats my perspective. Have sent the flowers anyway ;)
    Two things quickly...

    1) He was probably advised by their lawyers not to mention anything about the visa bulletin for legal reasons.
    2) I didn't realize this until this evening when I mentioned the whole flower thing to my wife and she reminded me that government officials and agencies aren't meant to accept gifts from anyone. I believe this may have been considered a gift, or at least a grey area and perhaps they believed that discretion was the better part of valor.

    I work for a government department, not as a State employee but as a vendor, and they aren�t allowed to accept anything from us that may be construed as a gift. Even when we have our annual golf days, ours are paid for by the vendor company but the State is forced to pay for themselves.





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  • Desertfox
    03-24 03:31 PM
    -------------------------------------
    Based on the criteria above I dont see how it is illegal to ask what type of work authorization one has, and if EAD , how long it is valid. It may be illegal to disqualify a candidate who has EAD with validity for the required amount of time. But I sure can ask about the details within legal limits, can't I?
    -------------------------------------

    It is illegal... On I-9 it clearly says that an employer can not deny employment because of an expiry date on a valid work authorization document. This makes sense, since the employer does not have any authority to check for this candidate's ability to renew the authorization, neither the candidate is obligated to share that information. Per DHS & DOL once you have valid EAD, you are good to go! I am curious though who should be responsible for educating these employers!:confused:



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  • inderman
    10-20 03:03 PM
    Viki,

    Same here, i got a similar response too... If they are true to their words abt under review, we shud b fine...

    But the problem is, they mite b stating this under review for all cases to avoid repeated requests and hence the issue..

    Is ur case also at NSC?

    How has ur luck been with the POJ method? Have u always recvd the same informn from all IOs?
    I always get a different response wen i talk to an IO at NSC...





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  • vinurenu
    05-17 05:44 PM
    My husband is a physical therapist and he received the RFE for I-485
    to submit the visa screenning certificate and NPTE exam results by June 13th. He will be able to submit
    the visa screenning certificate only by july 2nd week.Can you please tell me is there any way he can get
    sometime to submit the visa screening certificate.

    Currently he is in L2 visa and the L2 visa is getting expired on June 20th, we applied for I94 extention.
    I am in L1 visa and my company is asking me to goto India. So my husband can't stay in US in L2 status (after I leave).
    He has to stay in US depends on the I-485 processing.

    By any chance, if I-485 is denied, Pls tell me whether he can stay in US after the denial.

    Do we have any timeframe to submit a new I-485 ?.

    Pls provide your suggestions.



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  • voicerj
    03-30 04:21 PM
    I wish it should be current or atleast near to current.

    Absolutely, the chances for movement to June 2007 is bright but not in May. One of the old models did predict August 2007 by Sep 2011. And then it was noticed that EB3 porting was not properly accounted for in the equation (only 150 per month was accounted). Thereafter, it was stated that Eb3 -> 2 porting is at least 500/m (which I thought was quite a bit). This burden in the model dragged Aug'07 predicted movement date to Nov'06. Now that 12000 EB1 spillover is being claimed, this would account for and balance even 1000/m Eb3->2 porting. Therefore an August 2007 PD by Sep'11 is a good possibility. But the visa bulletin has it's own brains.

    A

    But the visa bulletin has it's own brains. - I like this dude !





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  • imneedy
    05-19 10:49 AM
    From http://www.immigration-law.com/

    05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions

    USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS� capacity to provide the Premium Process Service according to the program guidelines. For the announcement, please click here.

    http://www.uscis.gov/files/pressrelease/PPSPermRule051707.pdf

    Well, bad news for those looking for labor substitution. But I believe you can still file I-140 with premium processing if you have your own labor.

    ----------------------------------------
    EB 3 India PD : 21 July 2003
    I-140 (Premium) Approved : 15 May 2007
    I-485/AP/EAD : Waiting for dates to become current :rolleyes:
    ----------------------------------------





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  • EndlessWait
    01-24 01:26 PM
    Lets just do that..cmon guys ..unity is strength.. the Brits should know that! if not lets remind them..





    lazycis
    10-18 01:29 PM
    Would appreciate if anyone can reply to my question....

    Credit report check is not part of the name check.





    a_yaja
    03-24 02:12 PM
    Its been over 3 hours now that I informed CapitalOne that the discrimination is illegal. And as expected, no reply received yet.

    First of all, they cannot ask you for you work authorization during the interview process. Second, even during hiring time, they can only ask you if you need sponsorship for H1 or not. If at this point you say no, then they have no business asking you for what kind of work authorization you have (unless the job specifically asks for US citizen or security clearence).

    You should be able to forward the email to the local dept. of labor and also the Attorney General's office. What I don't understand is how TCS is in the picture. Is this a contract job that CapitalOne has outsourced to TCS? If it is, then they still cannot deny you a job because you have EAD. That is clearly discriminatory. All you have to do is show the I-9 form.

    If I were you, I would forward the email to the State Attorney General's office and also to the local DOJ.