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  • lazycis
    11-30 06:42 PM
    FYI: The number of name check related lawsuits increased 10 times from January 2006 to January 2007 :) I estimate the total number for this year will be 3-4 times bigger than 2006 number.





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  • snathan
    06-18 10:55 PM
    Can we send official letter ( with all sad stories ) from IV and we can call these guys on behalf of IV

    http://moia.gov.in/showinfo1.asp?linkid=482

    Let us try to give these guys some job....

    I dont believe Indian govt can help in this...Lets first gather people and we will let you know the next course of action. There are bunch of people in Face book who got struck up in visa delays. I am trying to reach out to them. Its big group...try to get them here. Please contact those people...

    Just this is my opinion....we need to build very strong case and deliver to the targetted audience.





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  • bindas74
    10-25 10:09 AM
    You deserve a gc right away after such a long and painful wait. Dont lose hopes.


    Hi eb3retro,

    I see that your PD is Jan 2003. Mine is Mar 03. I thought I would ask you about your opininons.

    So, do you think we will get our GC in 2009?

    Do you think it would be better to move to EB2?

    Thanks for your inputs.





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  • pd_recapturing
    04-10 11:15 AM
    Sanbaj, Is there any update regarding your case ?



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  • indianabacklog
    03-17 08:49 AM
    Just cut your losses and so much time that you have already spent on trying to salvage this I140.

    Was in exactly the same position as you are now six years ago and had to start a new application.

    I still do not have a green card due to the labor certification backlogs and visa number retrogression but at least have got an approved I140 and AOS in process.

    My advice to you is, MOVE ON!

    Spend your money on a new application with the correct wording in your adverts and in the more applicable category.





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  • helmet
    02-13 08:12 PM
    I saw lud chnage on my 485 on 2/5/09. How long the finger prints are valid?
    Is any one's LUD changed recently?



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  • abhidos37
    08-22 12:12 PM
    yes, the received date stamped by NSC on 485 application is June 28





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  • Openarms
    06-05 11:36 AM
    That post was intended towards EB3 category, particularly EB3-India. Ever since starting of this Fiscal Year there are very few EB3-India approvals (Can anybody dispute that?). So how come USCIS used up all the visas already?? Most of the guys here always talk about EB2-India which is not highly effected category in the first place. We suppose to be taking care of effected categories.



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  • mallu
    02-20 04:46 PM
    Can anybody estimate out of the 47000 identified cases that is affected by Name Check...

    How many are real old PD's like

    Prior to 2003

    Between 2003 and 2005

    Between 2005 and 2007

    India / China / Mexico / ROW

    .





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  • hydboy77
    02-12 10:05 AM
    DOS and USCIS are making sure no visas are being wasted in any category whether it is FB or EB category. In this situation we cannot expect any FB visa wastage and spillover of those FB wasted visa in EB category anymore. Without the FB spillover there will not be any forward movement in EB2 during the august-september visa bulletin. Mpadapa analysis seems to be correct and is also backed by facts and numbers. With only 140k visas for EB and without any FB spillover we might actually see dates moving back and staying stagnant for EB2 india. Remember Eb2 india has never managed to move beyond April 1 2004 without the FB spillover in the last quarter.This is a terrible shock to everybody in EB2 India, I have been saying this all along that EB2 will be stagnant or move backward (because of eb3 line cutters).

    My document uses similar method as used in 2007 USCIS Ombudsman report.
    Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
    Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )

    The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.

    The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.

    It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.



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  • gcmaya
    12-12 01:10 PM
    As EB3 India passed April 2001, where huge number of 245i cases are filed, is it mean they processed all those cases. Can we expect big movment in coming months::confused:

    Any Idea's Please





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  • nk2006
    01-09 12:14 PM
    Alternative work-arounds (Having it both ways) :):) : Here is what some people do. .............

    This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?

    I did the same (a few years ago when I was on H1b) and I think its perfectly legal and common practice to do. In fact our HR gave us COBRA documents and written advice to this affect (note: its a well-known company with 100k+ employees at that time; they would not have advised if its not legal)



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  • chanduv23
    04-14 03:55 PM
    My I-140 was denied incorrectly , as a result my I-485 was denied.
    The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.

    My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.

    I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.

    Can I use my EAD?-----My Lawyer says my EAD is invalid.

    You may start looking for a job and as it is already 6 weeks past MTR filing, you may get a decision soon.

    Working or not working on EAD is an ambigious call. Some lawyers say you can some say you cannot. If you already exhausted 6 years on h1b and if there is such a rule then your h1b is also considered in the same way as your EAD?





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  • snathan
    07-04 08:44 PM
    ^^^^^^^^^^^^^^^^



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  • Brightsider
    06-02 10:30 AM
    Guys,

    Spread the word.
    The bill is slipping in its position.....rather, others are overtaking.
    Let us tell our friends and colleagues, and encourage and urge them to vote and support.
    God Bless US





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  • kate123
    02-12 08:48 AM
    Exactly Same thing happened to me last year..

    I Complain to IRS and they issued me W2 with in 3 days...

    Dont worry you will be alright.. Go ahead and complain to IRS...





    Hi

    I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....

    Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...

    He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...

    Also, he seems to have closed his company..

    Folks please advice....



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  • abqguy
    04-20 12:30 PM
    I like this. Simple and straight to the point. Will use this as a template and make changes. Thank you.





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  • BMS1
    10-11 04:52 PM
    You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?

    Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
    I am just giving my observations. I (and most of the people here) know the pain in waiting on H1-B. Definitely the ability to file I 485 desrves higher priority.





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  • satishku_2000
    05-17 01:15 AM
    Whoa, now be careful what you say there tiger. Outsourcing has nothing to do with the H-1B program, if everyone followed the law. Then people wouldn't be in America, underpaid or on the bench. American companies outsourcing to India etc. is happening. Everyoe is entitled to an opinion on whether that is right or not. But BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES is simply illegal, and has nothing to do with the issue of outsourcing. Two different things.

    I am not saying all American companies are saints. The ones breaking the law should be punished accordingly. But facts are that Indian companies are among the biggest abusers of H-1Bs. Nothing wrong with Indian companies in general. But the ones breaking the law should be brought to justice, it's as simple as that.


    If you are so sure about the law breakers and how people and companies are breaking immigration laws and you can always document and lodge compliaints to appropriate authorities. Dont always assume your perception is reality. There is something called due process when it comes to criminal prosecution in this country.

    Outsourcing does not necessarily happen to India or some other country . Outsourcing can happen between companies in USA too. Even the essential services such as physical security , janitorial jobs are outsourced too.

    The so called H1b reform does not protect people who are already in USA and whose green card petitions are pending for years. It tries put laws in place which says H1b employees can not perform services on behalf their companies for their clients.

    One of the main complaints by people like you and guild of programmers is that these big consulting companies are using H1B program to gain knowledge in america and outsource later to India.

    what do you mean by "BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES"

    No one here is opposing prosecuting the law breakers. You are the one who opined in other postings if enough number of people break law they should be legalized and given amnesty.





    nrk
    11-03 12:08 PM
    Hi Shirdibaba,

    Can you copy and paste the exact letter, i mean to ask the exact letter means does it contain any agent id.

    1. Did you opened any SR in TSC around 10/14 or 10/15, We have a group of people who had the same problem in TSC during those days. all the letters replied by the same agent.

    2. Find out from attorney if he charges any fee for this. If so please don't go with him.
    take an info pass and find out the details.
    This is the best way to find out. (As i told you the group of people got the same response, most of them took info pass and found that nothing wrong in their case)

    Nothing to worry, most of the cases it might be a mistake by the agent. or in some cases it is pending for minor verification.


    Hi, we have approved EAD and I 485 Pending.When called to find about the case they send the leter which says---
    The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...





    gimme_GC2006
    08-21 12:18 PM
    oh..btw..

    there is one site which only has postings with bad experiences with employers

    http://www.h1bmates.com/forumdisplay.php?f=101


    I did post something about my employer too but my id is different there :D:D


    Do I have to tell that I have nothing to do with that site :D :D :D



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