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  • pointlesswait
    11-25 04:44 PM
    the quaterly spillover.. is that just speculation.. or has USCIS confirmed it?

    I dont see any news release saying that there will be X number or quaterly spillovers...

    Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??





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  • nolud
    02-11 04:08 PM
    I received a letter from uscis/DHS on Jan 28.
    It was in response to my request about my wifes I-485 being in namecheck for a long time.

    The response stated:
    "The review of our records indicate that the investigation into your background has been completed. The processing of your case has been delayed because the requirement review is still in process."

    Does this mean that the namecheck has been completed?
    What is "requirement review"?
    Did anyone else get this type of letter?

    Wifes Case dates:
    PD - Jul 2003
    Interview Date - Jan 4 2006
    Type - Family based ( on marriage )
    Info Pass - Sep 2007
    Last FP - Oct 2007
    LUD - 10/2007 ( probably because of FP )

    Current Status:
    On October 7, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Note: If this is the wrong forum/area, please advise where is this question best suited for...
    Thanks to ALL





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  • chanduv23
    03-26 01:47 PM
    one doenst have to argue but can definitely question why its not there on their website if its not htere..they just cant decide one fine morning to just start as king for stuff...

    I agree. They have to follow well set guidelines.

    I would say - those having issues must all get together and write to the Authorities asking them to update rules on website and not arbitrary.





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  • kaisersose
    06-05 12:18 PM
    According to the 2005 memorandum, it was possible to change employers even if the 140 was not approved. But it was clear that an RFE that was not responded to, would deny everything.

    Now it appears, they would require an approved 140.



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  • nikh
    08-13 10:54 PM
    On aug 9 th, USCIS nebraska center issued a total of 4063 receipt nos for 485, EAD, and APs.
    see the link http://.com/discuss/485eb/20866725/
    From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.





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  • coralfl
    07-04 03:36 PM
    attorney fees+mail service: $3174 (Attorney already cashed the check)
    Medical cost: $268
    photos: approx $60
    I missed work: 2 days
    Wife missed school:1 day



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  • GCHPLC
    11-29 08:27 PM
    Thank you harish. I read it. I hope it will work eventually.





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  • aroranuj
    04-16 12:28 PM
    Can anyone please give any advise/ideas on how to deal with this?

    Thanks.


    Hello All,

    I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.

    "A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.

    Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.

    However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"

    Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.



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  • Pallavi79
    01-11 02:13 AM
    <Quote>About point 4, I am trying to find a hospital that would provide a payment plan in Dallas area.</Quote>
    I believe all hospitals provide payment plan.





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  • swadeshi
    08-31 07:52 PM
    We have been calling and talking to ppl all over new england area.
    But we have hardly been able to get a convincing number of ppl to attend the rally.
    Have you watched the bus thread for New England Area. 26 votes, can you believe that.

    We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.

    Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.

    Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.

    LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.

    Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.

    I have an idea how abt asking the hispanic community to be a part of this rally, they would definitively oblige more easily than our own i guess"" just kidding:)



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  • dpp
    08-10 12:29 PM
    Small change :)

    Everybody (not just Perm) filers hate LS guys as they went ahead of line...
    Backlog guys hate Perm filers as they went ahead of line... This is not true. How come PERM filers can go ahead in line.
    Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
    ....and it goes on. This is true :)
    This shit never ends!!!:(

    Strangely, everything is done within the scope of law!





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  • Rajeev
    11-04 09:42 AM
    Is it updated in Thomas, govtrack, etc? I didn't find it..

    It is there everywhere. Pl. check S. 1085: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=s111-1085)



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  • 485Mbe4001
    12-12 02:49 PM
    groan....moan... are you happy now:D


    im waiting for the groans and moans





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  • django.stone
    11-03 03:58 PM
    I hope once DOS decides to change the spillover and give the extra visas to Eb3 (whoever ROW , India....). The ensuing discussions from from the self glorified EB2 crowd here would make for an entertaining reading. I would like to see how much they enjoy the predictions after that.

    Changing to vertical spillover will NOT help EB3 India or China. EB3 ROW is not current and it will suck up all overflow leaving EB2I, EB2C, EB3I and EB3C to their annual quota only. USCIS changing the process to horizontal spillover is the best thing that has happened to I and C community in the absence of immigration reform. Now there is at least some hope for EB3 folks to get a new job and apply in EB2, as at least that queue is faster. If we fight among ourselves and stop vertical spillover, it will only benefit EB3ROW as they will get all overflow from EB1 and EB2ROW. Please guys, let's not fight.



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  • karthiknv143
    01-31 01:46 PM
    Well, everyone wishes the rumour to be true.
    But you know what, to realize the increase in fees for the I-485, they should allow people to file for it. Unless people start filing for I-485's they are not going to make the $2billion in 2 yrs. If retrogression continues, guess the fee increase doesn't make much sense.... Not sure whether I am right or wrong here.





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  • sunny1000
    12-22 03:22 PM
    Sorry to say, but sending mails of unresolved issues to NY Consulate is a waste of time.
    I have sent them mails every week for 2 month (yes, I did that religiously) thinking that I would clog up their system, but I guess they had the last laugh! :-)

    But hey everybody, pls do go ahead and follow the process!

    Thanks

    I merely posted what was on their website. Don't shoot the messenger....



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  • rsrikant
    08-10 10:45 AM
    who cheated whom? come on diptam. you have been here for so long...
    you can not talk like that... people look forward to get advise from guys like you. not hatred..

    your company/employer cheated you. not anybody else... please rethink about it.

    You dont need to knock anyones door - I'll proactively go to anyone who used a "Labor Subs" and call them a Cheat because they have cheated someone else's Property and Dream.

    Its gone but i'm personally a victim of that - My 1st Labor was traded in the Market for certain US dollars... The legislation was not there - otherwise i did have sufficient Proof and resources to take care of that cheat company.





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  • GCBy3000
    05-22 04:45 PM
    Grow tomatoes in your lawn and sell it to neighbours. Even if you do this for one day, as per law you made some money other than your H1b intended for. You are AN ILLEGALLLL....

    If you dont have a lawn / garden, then go to walmart buy something and sell it for a dollar more to your fellow H1b. Let him do the same for you and you both declare that you did some side business and made a dollar. YOU BOTH ARE ILLEGAL. HEyyyyyy you qualify for Z

    :) We should find out a way to convince them we worked illegally for cash before Jan 1, 2007. Some one suggested before if we can find another H1B provide an affidavit that he/she did some lawn work at the house both of them will become eligible for the mighty 'Z' visa :D





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  • Green.Tech
    06-19 12:31 PM
    Those who have been affected by this, please come forward; your stories are the most important piece of the puzzle to get this effort going.





    gauravsh
    02-21 01:10 PM
    This happened to me and I may try to summarize my experience here. OP relax . PM me if you want to.

    I Filed EB2i AOS in 07/07. Got a phone call at home (sometime in sep07). I was at work so my wife was the one who recd call and gave them my work ph#. Guy called at work, introduced himself and asked for time to visit me. We fixed up next morning . It was a kind of tense night. I had not informed my attorney about this- thinking it a part of background checks.

    Next morning, an officer in plain bussiness dress showed up at exact time, introduced and gave me his bussiness card and presented his official ID card.

    He spent some 45 minutes or so., and had several questions of personal nature about family and friends and money transmitted to india over the years (He had a complete list of transfers)

    It was all serious questions but in a very casual/relaxed atmosphere (Nothing like allegations/judgemental).

    This all ended very well. Saying GOOD LUCK to GREEN CARD.
    Btw: I arrived in 2000 , worked for the same university until then.


    can you please tell were you working for a consulting company or a american company? Also in which city are you located?
    Might be they are doing it at some particular location?





    shana04
    02-12 06:32 PM
    USCIS TEXAS SERVICE CENTER
    RE: AC21 UNIT � CHANGE OF EMPLOYER
    4141 N. ST. AUGUSTINE RD.
    DALLAS, TX 75227

    RE: AC21 USAGE FOR CHANGE OF EMPLOYMENT (I-140
    APPROVED, I-485 PENDING MORE THAN 180 DAYS, SAME/SIMILAR JOB
    TITLE/DUTIES)
    Name: xxxxxxxxxxxxxxx
    A#:
    Labor Certification #:
    I-140 Receipt #:
    I-485 Receipt #:
    DOB:
    Spouse:
    A#:
    DOB:

    Dear Sir/Madam
    In regards to this request to utilize �The American
    Competitiveness in the Twenty-First Century Act of 2000 (AC21)� which allows for a change of employer on any approved I-140 and I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition.
    (Attached for your reference are relevant portions of AC21.)

    The memo lists two preconditions for eligibility to change jobs- I485 is pending
    UN adjudicated for 180 days or more and the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
    In the present case, my client has had an H-1B transfer filed for him, and is utilizing
    AC21 provisions for a new job with the same title and duties as the former. Please find attached a letter from the current employer regarding the job title, duties and salary. I therefore respectfully request that your office should adjudicate my client�s I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.

    I have attached the following requisite documentation including:
    Attach all the copies (Receipts - I-129, I-140, I-485, I-765, I-131) that you have
    Employment offer letters, EAD copies, Labor Certification Approval copy (first page)
    All other documents that you can support for AC21

    Please do not hesitate to contact me should you require any additional documentation.
    Regards,
    Xxxxxxxxxxxx



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