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  • pappu
    07-24 10:56 AM
    I will try to dig out the actual memo. But this is from the oh law firm page:
    ---
    06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing

    * As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
    * One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
    ---





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  • sundar61982
    08-06 04:52 PM
    Got email approvals on our I485 with PD of Mar10 2006 on EB-2.. Was at NSC.. Looks like they are processing beyond the Mar1st cutoff date..





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  • EndlessWait
    07-25 10:50 AM
    Yes, I have this feeling already. Now, what happens if someone switches jobs using AC-21 and then this RFE is received? You have to submit the NEW employment / offer letter right? So how does this help the current employer to stop you from switching jobs?

    I think its arguable. The 6 months clock is defined by law. After that even if they issue an RFE on the old employer, assumption is ofcourse that your with a new employer, you can send the new employer's offer letter / AC21 invoked. so it shouldn't be an issue. USCIS can ask about the offer letter from the old employer as intial evidence, so have it available and send it later + new employment letter.





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  • anilsal
    12-28 12:58 PM
    Both of the flights were on the same itinerary and were booked through Thai. United was asking for money for international part of the travel because he said that Thai would charge United for the extra weight if United checked in the luggage all the way to Bangkok, which isn't really true because Thai did allow 70 LB then. I am not sure what the regulation is now.

    I think you are right that the guy was probably ignorant and didn't really care becasue I wasn't flying United after LA anyways.

    Then why did you not take the issue up with Thai after ur trip? You have the receipt for the extra charge from United? These are alliance partners and can sort it out. If you have the receipt and the itinerary, you can still contact Thai.

    They will go extra lengths to retain you as a customer.



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  • WeldonSprings
    08-27 12:20 PM
    Also, don't you think that 20000 CP numbers would be included in the monthly numbers or are the monthly numbers just AOS numbers?

    There are few issues

    You have missed 20k annual CP cases
    The acceptance rate of I-485 application (big unknow) would change the number a lot.


    July was a slow month but August was big mover so 11k visa is just too low for this period.





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  • thepaew
    05-12 03:20 PM
    Hi

    I do not know your particular situation, but I know something about MBA programs. There are some things that you need to keep in mind. An MBA degree is not a silver bullet. It comes with a huge opportunity cost. But, let us assume that you have done your research and have arrived at the conclusion that an MBA education is the best option to further your career.

    1. A lot of value from the MBA degree comes from networking and group-work. I do not know how the online programs handle this. But at my company, we would not consider someone with an online degree for most MBA-level openings.

    2.There are excellent part-time options available.

    3. If cost is a major issue, you can evaluate the local state universities in your area.

    I wish you the best of luck. Feel free to reach out to me via PM if you want more advice.

    BR
    thepaew, right, I understand IB needs from top-10..it was more of "I wish I had" stuff..I am not serious on that.

    Coming to why "online" ? Because I cant go fulltime on college (I have to quit my job...means no salary for 2 years...not possible..I am not that filthy rich :D)

    moreover there is increased trend in acceptance of online MBA as major universities are coming online now.



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  • gk_2000
    08-10 01:48 PM
    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile





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  • bigboy007
    06-11 11:11 AM
    See below what Anti Immigrants are doing. Each and everyone visits this site should sign what IV have given the link

    The following makes no sense it is utter non-sense.


    COMPANIES LAYING-OFF THOUSANDS OF AMERICAN WORKERS DON�T NEED GUEST WORKERS

    Please Support the Sanders-Grassley Employ America Amendment to the Tax Extenders bill


    Dear Colleague:

    Since the recession started in December of 2007, nearly 8 million Americans have lost their jobs and the unemployment rate has nearly doubled. In total, 15 million Americans are officially unemployed, another 8.8 million Americans are working part-time only because they cannot find a full-time job, and more than one million workers have given up looking for work altogether.

    With the unemployment rate still unacceptably high and millions of people looking for a job, we have a responsibility to ensure that companies do not use temporary visa programs to replace American workers with cheaper labor from overseas.

    Therefore, during the consideration of the American Jobs and Closing Tax Loopholes Act, we will be offering an amendment that would prohibit companies which have announced mass lay-offs over the past year from hiring guest workers, unless they can prove that their overall employment will not be reduced as a result of these lay-offs.

    At a time when millions of Americans are out of work, the notion that we need to import labor from abroad because there are not enough qualified, willing or able American workers in this country rings hollow.

    Recently, some of the very companies that have hired tens of thousands of guest-workers from overseas have announced large scale lay-offs of American workers. The high-tech industry, a major employer of H-1B guest workers, has announced over 330,000 job cuts since 2008. The construction industry, a major employer of H-2B guest-workers, has laid-off 1.9 million workers since December of 2007.

    The American Recovery and Reinvestment Plan, signed into law last February, included a provision to prevent companies receiving assistance through the Troubled Asset Relief Program from replacing laid-off American workers with guest-workers from overseas.

    The Employ America Act expands upon this provision to prevent any company engaged in a mass lay-off of American workers from importing cheaper labor from abroad through temporary guest-worker programs. Those companies that are truly facing labor shortages would not be impacted by this legislation and could continue to obtain employer-sponsored visas. Only companies that are laying-off a large number of Americans would be barred from importing foreign workers through guest worker programs.

    If you would like to co-sponsor this amendment, please have your staff contact Warren Gunnels in Sen. Sanders� office at 8-6358 or Kathy Nuebel Kovarik in Sen. Grassley's office at 4-3744.

    Sincerely
    Called up my friends, forwarded to dozens of my friends and asked them to forward.



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  • cdeneo
    03-07 02:28 PM
    Can someone please shed light on this - I was looking for the same information.

    What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?

    Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?

    One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?

    Thank for all the advise.

    ---------------------------------
    Contributed $100.





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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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  • piyu7444
    01-30 09:24 PM
    Before I answer your questions, I have couple of them -

    Will she get paid starting Feb 1st? If no, why not. Please explain.
    Will she on unpaid leave?
    Will she still be Full Time Employee?


    Will she get paid starting Feb 1st? If no, why not. Please explain.

    She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.

    To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)

    Will she on unpaid leave? Yes.

    Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.





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  • zuhail
    03-10 04:15 PM
    The Visa re-capture issue could be taken immediately after the FOIA issue.
    But I guess it would be all up to the IV team to decide the agenda of this organization.

    It would be nice to focus all our efforts and time on ONE issue only.
    When we start adding other proposals (which only gives us only temporary relief), the main message gets lost invariably.

    I think we could set-up a poll as below: (it would give us an idea about the support in this forums to achieve this target:)

    Poll:
    To ONLY Re-Capture Un-used visa numbers:
    I truthfully would pledge:
    i) $100 in 15 days
    ii) $200 in 15 days
    iii) $500 or more in 15 days.

    Any one donation NOT to be less than $100 PLEASE.
    I believe that the goal of Visa Re-capture is worth more than that even if you are making multiple donations.



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  • cin45220
    12-29 10:04 AM
    Hi,

    I am planning to start my Online MBA from Univ of Nebraska (UNL). This is AACSB certified.
    Also the price point is really sweet. 17K only + Books. Business Week placed it 4th overall part time.
    The Best Part-Time Business Schools: University of Nebraska - BusinessWeek (http://images.businessweek.com/ss/09/11/1105_best_part_time_business_schools/7.htm)
    -That is what got me interested in the first place.
    Plus it is not a "** State University" but a "University of **" which means it should have better profs.

    Anyhow anyone has any pros and cons to share about this one?

    n'
    Joy

    "Plus it is not a "** State University" but a "University of **" which means it should have better profs."


    How do people come up with aforementioned insights? There is no co-relation between how a Univ is named and the quality of education offered....

    I guess, according to you, Univ of phoenix must be better than all the state Univs (OSU, MSU etc..) in US

    -CinBoy





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  • prioritydate
    12-20 04:12 PM
    "...I dont think you need to worry.. for you knwo what I am saying ..."

    this is turning out be very hilarious form:):). Good way to get rid of GC frustation.:o


    May be hilarious for you, not for me. You would understand the situation if you were in my shoes.



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  • tampacoolie
    07-13 10:51 PM
    I have a gut feeling that he does not have right to revise visa bulletin.





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  • arc
    09-26 10:45 AM
    We should also start using the word Green Card the reporters gets confused by the temp and perm visa or employment based visa... also we should also have designated people to talk to reporters who can explain the problem in nut shell.



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  • go_guy123
    09-09 03:05 PM
    With republican House there is zero chance of anything happening on any kind of immigration bill. Nothing other than border security will be taken up. It will be best to kiss good bye to GC dreams if republicans win the House.

    yes you will get border security (more national guards/agents at the border, mandatory SSN check )
    in exchange for SKIL bill. GOP will thrown the illegals under the bus with backing of technology lobby (opposite of what the democratic party does: throw the skilled immigrants under under the bus at every oppotunity)





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  • Buran
    02-15 01:09 PM
    Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.

    I don\'t want to stand in line three times longer just because 60 percent of the applicants are natives of one country. Look what\'s going on with H-1B. There is no per-country quota and ROW is simply screwed.





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  • paskal
    03-16 11:19 AM
    to see you get defensive and try to make a case etc...........it amuses me........thats why i am doing it!!! :)

    Dear friend,

    We are not here to denigrate others. Neither are we interested in the kind of stereotyping that Lou Dobbs engages in.
    I see you have not even bothered to complete your profile. So much for your bravery, railing at people anonymously.

    Real good company and really god job huh?

    I work for a REAL good company too, and I'm willing to bet my GC I make more money than you. Get it?
    I have been here 12 years, I have education from the best schools in India and in the US (yes #1 ranked schools). The system still sticks me in EB2 with morons like YOU. So stop whining. The system is broken and we are trying to get it reformed. Isn't that the whole point? Hopefully you are lifting your little finger to help occasionally.

    Consider this a warning. This needs to stop.





    Rockford
    08-29 03:36 PM
    I moved to a desi consulting company after I got layed off in 6th year of h1b. ..................... But recently I asked my lawyer for a copy of my L/C and i 140 petition and she refused to give, then my employer requested them to give it to me. ............ and finally I had to talk to my employer and we deicded not to use their services anymore just for my case,.


    Chandu,

    Just for the record sake, the LC and I140 are your employers petitions and the lawyer is not supposed to give them to you without your employer's consent/approval.

    I am sure there are other issues with your lawyer, but this case is kind of fair.

    There may be some lawyers who are lenient in this aspect, especially in cases where the beneficiary is paying the lawyer directly.





    sheela
    10-16 10:14 AM
    Guys,

    Someone left a red dot on post with message: " tells of your lack of ideas".

    I never said that this is the only option left and we have to do this. This was one of the proposal / suggestion. We welcomed other suggestions too! What I wanted and I still want is to do something, I wanted to have a brain storming so that we can come up with some better positive idea. This is not new. We had similar hurdles when tried to request people to promote HR 5882 and other events.

    Above note is a sign of complete loser. This type of people don't have guts to come up in front and express their views because they really don't have guts to do anything. I am not ashamed that I proposed flower campaignwhere there are other possibly better options available.

    I still strongly believe that doing something is always better than cursing something who is trying to do something or doing nothing.

    Seriously, its not illegal lobbies that we are more threatened by. Its our own people.

    I agree we need to do something big to end never-ending regression.

    Let us organise:
    "WORK-ROUND-THE-CLOCK non-stop for 24 hours"

    This will generate lot of interest in media for the hard-working immigrant community

    It will get us support from our Employers/Managers & hurt none

    It is easy to organise at institution level- be it University, Hospitals/Corporate sector or R&D. I believe participation & effect will be much more than we expect. With little publicity -It may become a news of the day

    I tell you what= during our doctoral studies at a prestigious institute in india. we did this and it really worked

    WE can do some polling here and select a date for this event. I may say: Let us start this non-stop event a day-before THANKSGIVING DAY and end on the morning of thanksgiving day.