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  • BharatPremi
    09-24 03:57 PM
    Without legislative or administrative reform, EB3-India would be reduced merely to a mechanism which folks would use to extend their H1Bs indefinitely on the basis of the underlying I-140, or a means to lock a priority date while they plan their strategy for an EB-2 petition for a PD port in the future. As some analysts have predicted, EB3-India wait times might get extended to decades without some sort of reform. Not to make light of the situation, but for an EB3-I applicant with a recent PD, the odds of getting a green card through a US-born child (once they turn 21) could become greater than through their own EB application.

    "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.





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  • addsf345
    12-01 10:58 AM
    Hi all ,

    Whoever is using Vonage unlimited $24.99 or $32.XX world plan; Today I received a mail from Vonage .

    "Dear XXXXXX XXXXXXX,
    >
    > Thank you for using Vonage as your Internet telephony provider.
    >
    > In the course of Vonageb
    >
    > Please reply this email or call 1-(866)-254-3704 (Monday to Friday 9:00am to 5:00pm EST) so that we may discuss your rate plan. If no response is received within 72 business hours, I will need to change your account to the Small Business Premium Unlimited Plan at $49.99 per month plus tax. Your international calls will be billed at the corresponding per minute rate for the destination you are calling. You may view these rates by visiting:
    >
    > Vonage - International Per-Minute Rates (http://www.vonage.com/international_per-minute_rates/?lid=sub_nav_international_rates&refer_id=WEBFT0706010001W1)
    >
    > Please be advised that if no response is received by December 7th, your account may face suspension or an immediate change in rate plan.
    >
    > Please review the Vonage Residential Terms of Service section 5.4 below.
    >
    > 5.4 Inconsistent with Normal Use.
    > If you use the service or the device in a way that is inconsistent with the normal use for your service or plan, you will be required, at Vonage's sole discretion, to pay the rates for the service or plan that would apply to the way you used the service or device, or terminate the plan. For example, if you subscribe to one of our residential service plans, and your usage is inconsistent with normal residential use, you may thereafter be required to pay our applicable, higher rates for commercial service for all periods in which your use of our service or the device was inconsistent with normal residential use. Unlimited voice services are provided primarily for continuous live dialog between two individuals. Lack of continuous dialog activity, unusual call patterns, excessive numbers and/or consistent excessive usage (i.e., More than 5,000 minutes per line per month for unlimited residential calling and/or more than 10,000 minutes per line per month for unlimited small busine
    > ss calling), will be considered indicators that use may be inconsistent with normal use, or that impermissible use may be occurring and may trigger an account review by us. The creation or use of related multiple accounts or excessive residential lines to circumvent these levels shall also be considered indicators that use of the service may be inconsistent with normal use for the subscribed monthly plan(s) and may trigger an account review by Vonage. Failure to contact Vonage in response to its notifications and/or failure to promptly correct usage activity to conform to normal use will result, in Vonage's sole discretion, in immediate mandatory transfer to another appropriate plan, suspension or termination of service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable disconnection and device or other rebate recovery charges. Vonage's right to terminate your account under Section 6.5(b) (with or no reason) is not lim
    > ited by this provision. For a non-exhaustive list of example!
    > s of use
    > s of our service inconsistent with normal residential use, see below.
    > b
    > b
    > b
    >
    >
    > If you have any questions, please reply to this email or contact me at 1-(866)-254-3704.
    >
    >
    > Sincerely,
    >
    > XXXXXXX
    > Vonage Usage Department
    > Revenue Operations
    > 1-(866)-254-3704
    "

    just wondering if you have exceeded 5K limit few times? I was told that if some one consistently do this, vonage may review their account. Though they advertise that as UNLIMITED mintues, its in fact not.





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  • superdude
    07-31 05:07 PM
    Well suppose they reject your 485 for lack of Initial Evidence then you are in some trouble. The people who applied prior to new Memo was passed had there applications receipted even without EVL. What will happen after the Memo is passed ...can't say. I think EVL is considered Initial Evidence. Thats my guess.
    Not this time. USCIS clearly mentioned that Completed application with Signatures, Correct Fees should be sufficient. They are even accepting without medicals.





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  • Hunter
    05-11 12:20 AM
    Oh there is no corruption in western democracies. :) LOL

    Iraq war had no corruption
    Halliburton deal had no corruption,
    AIG had no corruption, BOA , Citi had no corruption.
    Lobbying had no corruption
    The texas cops who took money were not corrupt.
    Abu Ghraib was very morally correct.
    Blackwater was a very level headed company.

    Did all this happen in some communist eastern state?

    Hey Moro1n, the difference is, most americans agree that things are going wrong. We don't whitewash what happened unlike what your compatriots are trying to do here, when someone brings up corruption in India. I cited surveys by international agencies that make comparisons that consider a number of factors, not by anecdotal evidence based on a few high profile news stories.

    Wasn't most of these corruption stories broken and pursued by american media itself? Didn't republicans lose power in 2006/2008 elections?



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  • nixstor
    06-29 04:44 PM
    what makes you think they cant blame USCIS statistics for this? USCIS gave us wrong stats, we made it current, then they said that no, they have enough visa numbers.


    I have not thought so. I guess that was your assumption on my post. As I said, it can very well happen, but I doubt it on the first day.


    its not written into law that they cant update it mid-month. They are allowed by law to update it whenever they want.

    Thanks for the info. As I understand, its not written into law. But if they really do it on the first day of the month, Its the best avenue for a class action law suit on both DOS & USCIS. It shows their negligence and incompetence to produce a VB that gets revised on day one. All the money spent by applicants, time spent by lawyers will definitely result in a pretty good number of people forming an alliance for a class action law suit.





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  • drona
    07-10 10:27 PM
    Well done Dilip Tekkedil! Your quote in the Washington Post article was too good!

    Dilip Tekkedil, 32, a software engineer from North Andover, Mass., is one of the frustrated applicants who came up with the flower idea. "It was more peaceful," he said. "We don't trouble anyone else. A rally or something, you have to call law enforcement. It's too much trouble for other people." They do not hold hard feelings against Gonzalez. "I'd like to thank him for the job that he does. I know it's a thankless job," Tekkedil said. "I just hope that he could understand our plight as well."



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  • nrk
    08-16 01:23 PM
    congrats.

    Landed in this country on Aug-16-1997 for Masters. Today myself and my wife both got CPO mail/text message. Thanks IV community and good luck to all. I will be doing my part to make this system better!!!

    Details:

    PD: 04 Jan 2006, EB2 I
    RD: 07 Jul 2007, TSC (I-140 was with NSC, but the attorney sent it to TSC in the july 2007 fiasco)
    ND: 27 Aug 2007, NSC

    Didn't do anything in 2008 and decided to do everything possible this time around.
    Aug 3 - Primary I-485 SR,
    Aug 5- Primary EAD SR,
    Contacted Congress Woman on Aug 9 - Didn't get any useful info. I think, being in bay area, they might have been flooded with these requests.
    Aug 10 - Opened an Infopass for Aug 18
    Aug 16, 8:30 am - Dependent SR
    Aug 16, 9:30 am - Called the customer service for primary's status - got the standard response that they sent a mail (which i didn't get) asking me to wait for 60 days.
    Aug 16, 11:00 am - Wife called me to inform the good news, the online status change.
    Aug 16, 11:05 am - got the text message (which just said "check your status online").
    Aug 16: Got the CPO mail (time stamped 10:18am)

    Guys (and Gals), Hang in there and you will have your independence soon.

    Regards,
    Yet Another Greencard Wait (not anymore :)





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  • acecupid
    08-20 02:31 PM
    Spatial, I agree with your views. There is nothing in INA which clearly talks about how the spill over should be allocated. USCIS is acting on its own whims and fancies. In last months' visa bulletin they mentioned questions were asked on how the spill over was allocated and decided to make it horizonal instead of the historical vertical spill over. So I am sure we should get some concrete answer how they decided to change it. Based on what ? which clause of INA states that ? I think we should all write letters to Mr. Oppenhiem demanding explanation on the same.



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  • amsgc
    06-15 10:35 AM
    Hi , thank you so much for answering my questions , i am really happy to come across with some one who have filed on their own . if u don't mind can u tell me what did u filed with the 485 packet , i do have the i485 list , is there anything special you would like me to guide into ... did u filed the EAD together the 485 or to Chicago address .. how abt AP ? did u get the receipt .. please guide me

    thanks

    Hi Pranju,

    Would you consider pasting the I-485 list.

    Thanks.

    Ams





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  • Bpositive
    02-09 04:38 PM
    This is ridiculous; all I see is unnecessary hurdles being produced � I see efforts of discouragement towards coming to this country on H1B. First they suddenly start auditing 60% PERM cases and now suddenly delaying visa unreasonably�increasing Visa numbers and making Green Card processing faster is aside, we are facing other problems.

    I have started speaking with senior people at DOS. On a purely procedural level I don't see why an H1 applicant who may already be in the US is not 'security cleared' at the time of giving the I-797 approval. Totally ridiculous.



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  • drona
    07-10 10:27 PM
    Well done Dilip Tekkedil! Your quote in the Washington Post article was too good!

    Dilip Tekkedil, 32, a software engineer from North Andover, Mass., is one of the frustrated applicants who came up with the flower idea. "It was more peaceful," he said. "We don't trouble anyone else. A rally or something, you have to call law enforcement. It's too much trouble for other people." They do not hold hard feelings against Gonzalez. "I'd like to thank him for the job that he does. I know it's a thankless job," Tekkedil said. "I just hope that he could understand our plight as well."





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  • mrsr
    06-27 11:17 PM
    (c)(9) same as primary

    Can anybody guide me what will be the eligibility code for H4 dependent in EAD form

    shailesh



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  • ramus
    01-09 08:04 PM
    bump...





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  • rodnyb
    03-31 08:21 PM
    Yes, I mean EB5. Another not, DOS/CIS waited till now as it takes some months to get a trend, as it seems CIS is cracking down on EB1C since later last year, and it took some time to see EB1 usage fall off and is plateauing now.

    I wish 12K is for 6 months only, and that 24K total this year will surely clear all pre-07/2007 EB2 I/C. However, it seems as unlikely, I looked at historic EB1 approvals on DOS statistics page, EB1 has about 40K quota, their usage
    2002 16K
    2003 14K
    2004 18K
    2005 21K
    2006 24K
    2007 30K
    2008 39K
    2009 42K
    2010 41K

    So even if we think all surge after 2006 is due to abuse use of EB1C of india bodyshops, EB1 will still use about 24K, which left about 16K for EB2. I am sure those bodyshop ppl will apply under EB2 now, and I hate to say, but EB2 after 07/2007 seems still a daunting task, only visa recapture will help.


    Do you mean 8K from EB5?



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  • yabadaba
    07-10 10:22 PM
    the washington post article is brilliant. thanks to Xiyun Yang for an excellent fair balanced article.





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  • speddi
    08-14 07:17 AM
    Check with your lawyers. It should be easy to get an amended approval notice or atleast a letter from USCIS that it is okay.

    Thank you, attorney said it is OK, there should not be an issue at all.



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  • pitha
    09-26 10:38 AM
    cir failed because the senate did not have a filibuster proof majority (60) to pass cir. This time the democrats are expected to gain 4 to 5 seats in the senate, that will take there majority to 54 or 55 from the current 50 (49 +liberman). With a majority of 54 or 55 the filibuster will not happen again in senate and cir will pass in the senate.

    The difference between Bush and obama in calling for cir is that Bush was an unpopular lame duck president, his party was a minority in both the house and senate. Obama if elected president would have the democrats in control of both the house and senate, therefore when obama says he wants to pass cir, it will happen, so take it seriously and dont live in a fantasy that CIR will fail again.

    to all those people who cliam that cir won't be bad, please, please name some provisions that were good for Eb immigrants. Please dont use words like "hope", might" etc,durbin wants to knock the living daylights out of EB immigrants. I want to know if there was anything good in cir, not good things you hope to be in cir

    These are a list of bad things that were in cir and will be in durbin cir

    -DId cir have stem exemption? answer no
    -Did cir have visa recapture? answer no
    -Did cir increase the eb quota to reduce the backlog? answer no
    -Did cir exempt the existing EB applicants from the new "points based
    system", answer this seems to be a gray area, no clear answer (there is a
    debate about this)
    -Did cir have draconian restrictions on H1, answer yes
    if there are any more nagatives please add to the list.

    guys, the reason behind this post is not to pick a fight with anyone or to win an argument, but to look at the facts and realize the deep shit we will be in and address the issues. Just like a sick patient will expire if he lives in denial and does not take his medicine, we the eb immigrants will expire with cir if we dont realize we will be sick with cir and start looking for medicine.





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  • gans
    09-24 05:41 PM
    Are we missing another important information in the calculations here? Taken from the visa bulletin - "2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320."

    For example, in the case of India, there cannot be more than 25620 [7%(226000+140000)] + 7320 [2%(226000+140000)] = 32940 green cards/year (excepting the spill-overs) inclusive of family and employment based categories (and their different quotas).

    I guess, unless we get the numbers for family-based applications, similar to EB-485 that has just been released, the conclusions are based on approximations and assumptions, although I wish to point out how much I have learned and appreciate all the analysis here.

    Because, if there can only be 32940 green cards for all people (family + employment) from India in a particular year(excepting the spill-overs), the employment-based green cards alone are 1960(EB4) + 1960(EB5) + 8008(EB1) + 8008(EB2) + 8008(EB3) = 27944. Does it mean that there are only 32940-27944=4996 family based green cards for India/year (excepting the spill-overs)? And also, I believe that family-based has a higher priority than employment-based as a result of which the spill-overs are larger for the former.

    Does anyone seem to agree with me?





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  • akela_topchi
    08-07 11:52 AM
    Story is too good :-)

    Ha ha ha ..



    I am EB2-I with a couple of US grad degrees (and same undergrad school as Rolling Flood, not that it matters to anyone except perhaps those who suppor the lawsuit). And I think this lawsuit is a bad idea because it is divisive and petty.

    There is an old Malayalam story that most people who went to school in Kerala would have read in their primary school classes. Two guys, Greedy and Jealous, pray to God. God appears and Greedy goes, "I just want double of what you give the other guy. All I want to be is to be ahead of him." Hearing this, Jealous says, "God, please make me blind in one eye."

    This lawsuit, like the story above, is a case of knifing others in the back, for no real gain. We should instead try to leverage IV's large membership for a common good, which is what has made IV successful so far.





    aristotle
    05-22 06:53 PM
    thanks, I am going to look into that also.

    I am still trying to talk the old employer. Is it such a big deal that they cant even write a letter of future employment for me? i told them that they are not obligated to hire me but they are scared that they are trying to show that they are in losses and that by filing for a GC and promising a future employment they will not be able to show that they are suffering losses.

    Why is it so difficult and complicated?

    I am losing hope in it.

    There is no harm in trying the new application in parallel. Assuming your employer is paying for it/you can afford the extra fees. Time is critical as CIR might mess things up if you delay too much.





    ksurjan
    07-09 08:45 PM
    Thanks for the comments...I'll personally come and see you off at the airport when you are ready to leave. I gusess you have your bags packed already.
    Just so you know we are not begging for GC we've earned it.
    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006



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