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  • subba
    02-28 01:52 PM
    I had gone thru a layoff experience 3 years back.
    They laid my team off in April, but for some reason said that they will keep us on payroll till July (effectively we got a paid holiday for 3 months :-) ) and gave us severance on top of that.
    I took the 3 months to do job search and started the new job in July (technically there was a month gap between when I stopped being on payroll and when I started new job).

    Recently when I asked old employer for employment verif letter for I140, the letter said I was employed till July of 04.

    In general my feeling is, as long as you have paystubs and employment verif letters that you can use to claim you were employed till a certain date, you should be ok.
    How much of a grace period on top of that USCIS gives is a hard qn to answer (just like anything else related to USCIS) ?




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  • what_now
    05-18 08:59 AM
    ////




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  • ganguteli
    04-10 03:21 PM
    Chanakya,
    You are totally naked on this thread. People have stripped you and opened your cupboard. I cannot imagine how shameless some people are.




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  • kate123
    02-25 02:40 PM
    I completely agree with you on this... But please note that JULY FIASCO DID HAPPEN... If it is against the law or if it is STRICTLY interpreted in the law then CIS or DOS would have never allowed to file for AOS during July 2007.

    Also, please see section E from http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html

    If you see highlighted text below... one thing strikes me... It is not just availability of the visa numbers which decides when an applicant can file for AOS, infact to utilise visa numbers efficiently they made dates 'C' during July 2007...
    In other words It is up to CIS and/or DOS to move the dates...

    E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS

    All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.

    Again, I am not trying to argue here. I am just trying to see from all the angles.
    Please correct me if I mis understood some thing.
    Thanks,
    Kiran

    Read this pdf
    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
    that will answer your question.

    ______________________
    Not a legal advice
    US citizen of Indian origin



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  • delax
    07-15 07:48 PM
    I already mentioned in my previous posts (multiple posts with same matter for people like you and me, see it and understand it well) how we are getting more than 50k visas just for EB2 India. I am giving it here again the visa allotments for 2006 and 2007 years when theres vertical fallouts. Now its changed to horizontal fall outs.
    Due to this as many of us think its not the EB3 India which is losing, but its EB3 ROW.

    Class --------------------------------------> 2006 | 2007

    Total Employment-based Approvals ----------> 159,081 | 162,176

    EB1 ---------------------------------------> 36,960 | 26,697

    EB2 ---------------------------------------> 21,911 | 44,162

    EB3 ---------------------------------------> 89,922 | 85,030

    Fourth:-------------------------------------> 9,539 | 5,481

    Fifth (investors) ----------------------------> 749 | 806


    See the Total Employment Based Visa approvals for 2006 and 2007 159,081 and 162,176. But there are only 140,000 visas in EB category. The rest of the visas came from Family Based visas which are not used for the previous fiscal year. The share for each category: Each EB1, EB2 and EB3 should get 1/3 of 140,000 = 46,666. But due to the less demand in EB1 and EB2 ROW all the visas falling to EB3 ROW due to the Vertical falling.


    EB1 ROW --> EB2 ROW --> EB3 ROW.

    EB1 INDIA --> EB2 INDIA --> EB3 INDIA.

    As theres not much demand for EB1 ROW and EB2 ROW, all the unused visas are going to fall to EB3 ROW. So from this time its going to be like Horizotal fall out like below.


    EB1 ROW/EB1 INDIA --> EB2 ROW/ EB2India/ EB2China-->EB3ROW/EB3 INDIA.


    So this time to fall any VISAS into EB3 ROW they have to pass through EB2 India/EB2 China. So this makes EB3 ROW dates would retrogress due to the decrease in visa numbers availabilty.

    As I said each category would have 46,666. So EB1 and EB2 together will have around 93,332 visas. But in EB1+EB2 in 2006 about 50,000 visas approved and in 2007 about 70,000 visas approved. So for 2008 also asume the demand for EB1 and EB2 is 70,000. But the availability of VISAS are 93,332 as said above + unused family visas which come around 19,000+.

    So for this 2008 fiscal year for EB2 India and China the total visa numbers availlable are


    (93,332 +19,000) - 70,000 = 42,332.


    So around 42 thousand + 9,800 (regular 7% of 140k) = around 52k Visas Just for India , because EB2 China was already Jan 2006 a year back. And I dont think it would take any considerable share in this 50k other than its regular 9,800 visas.


    Get me back if you have any doubts.

    I think this makes complete sense. If USCIS continues with the same intent/logic from this point on then 50k visas is possible. We can argue over a few thousand here and there but the increase will be substantial as compared to prior years. The big caveat to all this is that USCIS/DOS continue the horizontal spill over from this point on.




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  • chanduv23
    09-07 07:19 AM
    To all those fence sitters - this is the time to make up your mind.

    LETS LOOK AT IT THIS WAY.

    Coming to the rally means - YOU WILL MEET YOUR IV FRIENDS - THOSE WHO HAVE DONE SELFLESS HELP AND SACRIFICES TO HELP YOU IN YOUR SITUATION UNLIKE YOUR EXISTING FRIENDS WHO ONLY SHARED YOUR SUCCESSES AND NOT TURN UP IN TIME OF NEED.

    ISN'T IT EXCITING?????

    SEE YOU ALL THERE ON 18TH.



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  • TexDBoy
    06-13 04:51 PM
    Hi,

    My employer has filed second extension and due to the fees was not sent with the proper amount they sent back the application saying it has denied and sent an I-290B with it to apply for appeal, i just got a letter and my H1 was exp in Dec 07 please help what shall i do, i am in helpless state my employer is working but any help or info is much appreciated.

    Thanks
    Bob:(

    Do not worry as long as the appeal is filed and with a lawyer cover letter explaining the mistake.
    The most important thing is that you are in status when you filed ... which seems so, since u r filing extension and not transfer




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  • ssingh92
    03-14 01:51 PM
    I know two cases that stuck in porting to EB2 from EB3. They received audit. They provided all info but yet to receive any response. Its over a year. Port only when you have all papers in hand and your Employer and Attorney will provide good support. My company refused to convert into EB2 and also they done want to provide any I140 and labour info.



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  • ocpmachine
    09-25 11:41 AM
    Guys who got NOID/Denied 485, quick question.

    Looking back, do you think it was worth making the job move using AC21? Is it really worth the time, money, anxiety, sleepless nights that you go through during NOID-MTR?

    For people getting layed off, they have no choice but to use AC21, but for rest of us, why not continue with the job you are currently in and let the GC take its turn rather than risking it?

    PS: I am in US for past 5 yrs with May06 PD. I am just trying to get an opinion here, so don't flame on me. I was comtemplating on using AC21 but reading all the NOID stories, i am bit hesitent now.




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  • gc_wow
    10-26 07:08 PM
    485 got approved for a coworker with out pd being current,he filed it in eb3,interestingly he went for info pass and the officer told they could do nothing about it.Mean while his h1b got rejected since he already has GC.Finally his lawyer dealt with the case it took 6-8 months to fix the issue.His EAD and Ap were expiring.



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  • dixie
    11-08 04:52 PM
    Agreed CIR benefits illegals more than us, and some of its provisions are flaky. But then it raises the EB cap to 625K and exempts MS + 3 yrs from cap.That in itself is a huge relief measure for us. Agreed illegals benefit a lot more, and the dems are more sympathetic to them but the point is we are not the choosers here. Something is better than nothing is the dictum for us.

    Let us now stop re-inventing the wheel and re-focus our efforts to make the new congressmen aware of our situation. Have a nice day !

    Actually I do have a convincing answer... whether or not that bill passes, we are in a lose-lose situation. I have read the bill (not in its entirety like I already stated). I know that the amnesty section already specified there will be no immediate granting of citizenship, excepting the wording for those who have been in this country for more than 5/6 years seems to imply they would get citizenship (again, the way a bill is worded can be twisted in future).

    What I am worried about is, I get the feeling this is going to end up dipping into our EB3 pool... we previously had a Sched A for physicians and nurses that took numbers out of EB3 exclusively for them.

    And I don't listen to Lou Dobbs or NumbersUSA rantings. But if you kept your ears open more than 6 months ago, you would also have heard some Dems says some not-so-friendly things about us.
    One prominent Dem senator said H1-Bs are not suffering as much as illegals.
    Another prominent Dem said this country needed more farm workers, not more IT / skilled ppl.

    Have a nice day, anyway.




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  • ameryki
    06-27 11:03 PM
    Is your application with TSC or NSC?

    MSC



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  • srmeka
    05-01 11:17 AM
    Thank you IV for all the efforts. Here is my $100 contribution.

    receipt ID: 5592-3503-6169-4658




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  • gunabcd
    07-17 10:09 PM
    Some of the core members are also stuck in BEC. But they still worked selfleshly. And don't preach injustice to me, I came here to study in 1999, got one labor (PD 2002) rejected on technical grounds, went in for other labor PD 2005, so my situation is probably worse than you.
    Are you the guy who came up with a stupid idea of creating an entire thread for banning people? You probably don't even know the definition of Freedom and Injustice and you say you studied in US (did you pass?). and hey my earlier post was not a response to you.



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  • Honda
    08-20 08:04 PM
    Hi All,

    I applied for my daughter's PIO card and sent all the documents as mentioned in the instructions sheet of the embassy website along with the self addressed stamped envelope. I heard from my other friends that even after you send everything in order, the embassy people would call and say that they did not receive the self addressed stamped envelop. It happened to three of my friends. I am the 4th one. They called today to tell that I did not send the envelope.

    The funny part that happened with my friends is that, they all sent $20 and the package came in the very envelope they sent in the first place, that the embassy said they didn't receive.

    Did anybody of you also had the same kind of experience or similar incident. If so, please do share.

    Why are they doing like that? Do they really think we would do like that, trying to save on an self addressed envelope? It really bothered me for the fact that the lady from the consulate was utterly rude when talking. I am amazed how in the world, The Indian Government is still hiring such people? Of more then a billion population, is that the best person the government of India could find for that customer service post? Its a shame and I am ashamed that such dic*heads working and representing India?

    Coming back to the issue...she said sternly, send $20.00 or send envelope stamped otherwise the application would not be processed.

    Folks, please let me know where I can complain about this careless attitude of this monster woman. What steps can I take to make sure they don't do that again? I live in TN and I can't fly/drive to Washington DC. The questions is not about the money, but the way they are operating without any ethics is deplorable.

    Hoping to hear all your valuable suggestions.

    Thank you.

    you can inform to branch manager or supervisor.




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  • quizzer
    07-01 07:08 PM
    Guys,

    Wanted to started this thread to get reviews on different law firms
    I can understand the quality and committment of lawyers can make a huge difference especially in this unprecendented situation where all EB categories are made current now and now there is a rumour that it would be retrogressed back probably sometime next week with a new visa bulletin.

    A lot of lawyers who are really committed and sincere to their client's clause: Getting them Green Card, are working overnight and over the weekend also so that their client can file I-485 ASAP and on the other hand few law firms are acting as slackers and not even responding to their client's emails.

    Anyway, I am interested in knowing everyone's experience ( good or bad ) with law-firms and their recommendation.

    My Own Case:-> I work for a multibillion dollar telecom company and joined this company almost 15 mos ago with a promise that they would start my GC immediately. Till Now, they have not yet file my labor. Their lawfirm is Larrabee http://www.larrabee.com/ in sanDiego. I don't have much experience with them as my application is still in my company's internal queue but based on the basis of my little experience, I would certainly not recommend them

    Thanks

    DD


    I dont agree with you..Larrabee is a top firm who handled our case very well..its ur company to blame if they have not filed perm for you.



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  • capriol
    06-16 03:09 PM
    USCIS accepts AP renewal applications 120 days in advance of expiring AP. The normal processing time for AP is approx 1-2 months (usually it is about a month). Keep in mind that the new AP which is issued will have an immediate effective date from the date of issue and the start date will not be from the expiry date of old AP. So in most cases you will end up losing some days or even months. If you do not forsee any immediate need to travel you should wait till 30-40 days prior to old AP expiry and then apply. If your travel plans are unknown and you may have to travel if an urgent situation arises, then you should apply 120-90 days in advance to make sure you have AP validity at all times. You will obviously lose some days or months... but then who says everything that USCIS does is fair :)

    Dear Friend,
    thanks a lot for your clear and precise reply--in both your emails. I also assume (and if you could please clarify that), that an individual also has to pat another $305 dollars during renewal application for the AP. Thanks again.




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  • wanna_immigrate
    05-19 02:56 PM
    done ... and received response as well




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  • manishs7
    05-30 07:49 PM
    Excerpts from same site http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9c1274840ebee3c3852572eb006fde98?OpenDocument
    Reallocation of Immigrant Visa Numbers

    Immigrant visa quotas would be substantially realigned under S. 1348. Our current law provides for a baseline annual quota of 140,000 immigrant visas for foreign nationals immigrating on the basis of employment. In the past several years, a backlog has developed in several employment-based immigrant categories, with multiyear waits for some prospective immigrant workers. The Senate bill would, in the first five years after enactment, increase the quota for merit-based and employment-based cases, in part to address existing backlogs. An estimated 247,000 numbers would be available for work-related immigration. Beginning in the sixth fiscal year after enactment, however, the quota would drop to 140,000 numbers per year. This level would remain in place for at least two years, until approximately the eighth year after enactment, when the quota would rise to a baseline of 380,000 per year, with additional numbers made available for previously undocumented immigrants who become eligible to apply for permanent residence.

    Is the interpretation of current Bill (without amendment) is correct for the work related immigration?




    manderson
    06-14 09:44 AM
    My birth certificate is in Hindi and i am not able to get in english. How i can translate my hindi birth certificate in english. Can a layer do that any other place in india. what is procedure of translation. any format or some thing?


    OR

    Can i show Affidavits of birth from my brothers but my only one brother is more then 5 years older. how can i solve this issue. and what is format of �Non-Availability Certificate� affidavits.
    thanks.

    ... i did this for some uni diplomas - cost me around $200. just do a google/ yellow book search




    jungalee43
    09-28 11:36 AM
    By waiting you are doing the same mistake that I did last year. My AC21 RFE was mailed to my previous employer's attorney. They promptly mailed it to me. But I did not get it for one month. In the mean while my priority date became current and I thought that attorney was playing games with me.
    After waiting for one month I went to my post office and lodged a written complaint. In two hours the notice popped up in my mail box.
    What had happened was that the mail man had simply delivered the notice in mail box 5617 instead of 5616 and no one was living in apartment 5617 and no one picked it up.
    By the way, with that much delay I missed the 2007 bus.

    My attorney called them and requested the copy of Denial notice as well as asked them for faxing it.

    Still not received anything.

    Not sure what to do except waiting.

    Irony is that all notice reaches on time except denial notice. Seems like they are trying to eliminate backlog by doing some tricks



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