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  • Macaca
    01-31 04:52 PM
    I am actually looking for a very simple answer : My husband whose EB-2 I-140 had been approved some time back, wants to quit his job & pursue MBA on F-1. Would the I-539 be approved in this case ? Or should he plan for H4.
    BTW , he has no plans to travel out of country so stamping is not an issue.

    Zima's post is not about stamping only. Applying for F1 from US means that the International Student office will mail I-20 and application to USCIS and you do not get a stamp on your passport. Applying for F1 in Embassy means that you take the same I-20 and apply at the embassy and get your passport satmped. Same rules should be applicable.

    I think Zima's case is saying that you can not go to F1 (in Zima's case extend F1) with approved I-140. It probably also depends on when Zima's I-140 and F1 were filed/approved.

    It certainly does not look good. I think USCIS has your I-140 file and your F1 application will be conected to it.

    There was a related post sometime back. From what I remember, there was a person who got I-140 approved on F1 and then transferred to H1B.





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  • amitjoey
    02-15 02:22 PM
    Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.

    Exactly, And how many from South America? 30% of the population is going to be hispanic by 2050.





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  • anilsal
    07-18 12:48 AM
    Plus the July 2nd bulletin has been reversed (meaning totally void). So the July 2nd filers should be ok. Infact there is a grim possibility that you may be assigned the remaining yearly visa numbers (as per Greg Siskind's blog entry).

    Instead of really worrying, why don't you become a paid member of IV on a monthly recurring basis? This way you are supporting the IV cause (which is your/our cause).





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  • green_card
    07-05 12:56 AM
    if there is enough of a stink made over this, the law could be changed to get back the 'lost' numbers.... laws are there to cater to needs of the situation at hand anc can be changed. IV, AILA and the ombudsman are doing a great job in helping bring about a change in the law. even if congress decides to allow reclaiming of the numbers lost since 1992, there could be an end to this problem for the forseeable future until SKIL or another version of "the grand bargain" comes to the table.

    I applied for 140/485 concurrently in August 2004 before IV existed. I can tell you first hand that IV has made a HUGE difference. Our voice is being heard above the din of mostly bigoted and ignorant comments by right wing radicals and liberals that only care about illegals/unskilled workers.

    I am sick of the narrow minded comments of a lot of people that post here that only care about their particular scenario and dont take the bigger picture into account. We are all in this together and we will succeed only as a combined front and not as bickering individuals.

    All the IV core members, thanks for everything



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  • vik352
    07-01 11:35 PM
    I talked to my Professor where I did my masters and he agreed to sign the online petition. He is one of top researchers in his field. Imagine if we can get signatures from such great . Professors, outstanding Scientists, CEO's and Directors of big companies, Journalists (like the one who wrote nice article in Washington post about legal immigration) and probably Bill Gates. This would create great attention for our cause. They are lots of people out there who support legal immigration and its time to bring them together and show it to the world in a petition.


    If anyone thinks this is a good idea, can you just leave a message saying that you support it. At least we know how many people are interested in this forum.





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  • bodhi_tree
    06-06 02:40 PM
    My 485 packet went to Nebraska from where it was transferred to Texas. My I140 was approved from Texas too.

    ===========

    Was your I485 Approval from Neb or Texas ?



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  • RNGC
    02-24 10:49 AM
    Thanks. Sent you a PM.





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  • gccovet
    09-10 11:08 AM
    There were discussing the first bill - something about horses.
    They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)

    funny ... but true..

    aliens comes after humans and animals :)



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  • webr
    05-23 06:46 PM
    Why an online MBA should be discriminated from the regular class room ?

    Today�s techie world, everything is done remote- say for example you work from home remotely , you send the work to offshore,
    you do your tax filing online, you do online bank transaction , you do trading online etc .

    For everything you don�t go in person to execute everything , almost everything is online. We don�t really challenge those items.

    In tandem , any good reputable university courses are really challenging in par and more tough with compared with class room.

    None of the accredited university will not give you free degree.

    Does university has to have an GMAT or ACCSB !! or reputation ? � It all depends on your interest and what you learn from it , and individual skill and talent.

    Even any highly accredited university does not give you any magic bullets you needed.

    There is basic principle, do not give money to anyone more than your assets . Banking sectors, always recruit the cream layer MBA from top university , don�t they know this small concept ?, inspite , they started lending more money than they can afford , where is the risk analysis on this ? � basic fundamental .

    Can we call this Harvard and top university brains created this 2008-2009 recession ? , I read some articles, challenging the Harvard professionals for the mess in financial industry � where is the Harvard MBA ?





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  • crazyghoda
    01-30 03:52 PM
    Whew! Thanks for the clarification (and the knowledge... I can help someone else out now)

    So now I just need to wait and see what exactly is asked in the RFE. Cant they send the damned thing by Fedex and bill me for it. Waiting for regular mail is painful. Here goes another weekend (sigh)

    No you are not. Like I said out of status UNTIL date of I-485 application is most important.



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  • roseball
    08-02 10:13 PM
    Mayhemt,

    Please dont talk without knowing the truth.
    I joined the company only for green card, I was a consultant for them before I became full time. They told me this 'We will sponsor green card, will you become full time' I said if you do green card I will join. But they did not keep their promise. Thatis give and take. They already gained from their investment, Thats y they dont want to sponsor anymore. They do green card for what we do for 6 years not for sticking with them for 20+ years.
    if I was in my company shoes , I would not take the documents, drag for 2.5 years and say 'We found candidates' . I would have either said in 6 months sorry we cant do or file green card.One need to have honesty. If I am that smart likemy employer I would ve started a company already and firing H1 guys left n right

    If you only joined the company for a green card, then what were you doing all these years when your employer kept your documents and did not file. Why didn't you quit the job....If not more, you are to be equally blamed for the situation you are currently in....I understand your frustration, take a deep breath and move on.....Good luck....





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  • vagish
    04-04 03:31 PM
    Solution is :

    1. Reform current H1B procedures so that it cannot be abused.
    2. Make H1b cap market based.
    3. Reform EB based GC process as suggested by Strive Act..


    If only i was president !! :)..
    keep dreaming ,
    1) H1B based on market ( will never happen ) , how ever hiking it to some
    rational number like 100K to 130K is a good possibility.

    2) reform GC process so that after working for 5 years, with one company
    one should be able to get green card without delay, this would be more
    meanigful as it will demonstrate that the poners really has a full time job
    as oppose to somebody just buying green card without ever
    working for a company.

    thanks



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  • Becks
    07-12 02:39 PM
    I guess if you are assigned a visa number, they may put your case as pending new 140 approval. Ammendment may not take much time. So keep fingers crossed. Good Luck.

    Guru, please help, my 140 is approved with my original employer who got acquired by a big fish. The Big Fish filed for a new 140 (they called it amendment I guess) and that is still pending. My priority date is Sep'05 EB2. Would I qualify to be lucky in the lottery game with this movement? Please help.





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  • sprajulu
    07-01 04:09 PM
    We all should request politely to end the specific reservations.



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  • delhiguy
    07-04 08:03 PM
    Excellent

    I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.

    If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.

    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.





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  • pcs
    08-03 01:39 PM
    This guy is the root cause of our problem. Else, we would have got our provisions in Dec'05

    DO NOT CONTACT HIM

    I REPEAT DO NOT CONTACT HIM !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!



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  • 485InDreams
    09-26 09:33 AM
    I jus send the mail to editor...
    I've also send the link to businessweek and Nytimes..where they have written it correctly...





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  • bharani
    11-04 11:31 AM
    Nrc2008064195





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  • nitinboston
    04-09 03:38 PM
    same story every month, KLPD





    p_kumar
    02-21 10:09 AM
    If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)

    How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.

    Not that i want to. just out of curiosity. thanks





    meridiani.planum
    07-28 12:07 PM
    To all the above liberal minded people who said what's wrong with this. Lord Ganesha is symbol of intelligence and soma (the divine liquor) is not associated with Him.

    Now what if your faces or your parents pictures are put on toilet seats and covers. Do you say the same thing?? Now there is no difference between you guys and M** F** Hussain who choses our God to draw objectionable pictures. You all are hyprocrites.

    beer != toilet seat.
    picture-of-Ganesha != picture-of-your-parents.

    Please dont sensationalize this and try to make it news when it is'nt.
    People like VHP and Bajrang Dal do this to exploit divisions that result in more votes for them (its almost the way Hitler exploited divisions against the Jews). As educated, skilled, tech-savvy, responsible adults atleast we should all refrain from getting caught up in all this.

    Move on guys. Worry about retrogression and priority dates. Even those stupid threads on LUDs are more productive than this one.



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