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  • qplearn
    11-24 11:02 AM
    Ok. This is new to me. Can someone confirm if this is true? Is there any link that supports this?
    I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer

    Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.

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  • gc_on_demand
    03-10 04:46 PM
    >> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.

    Thanks MDix.

    You have no idea. Have a good day, sir!

    US citizen of Indian origin

    This is another anti immigrant. Please ignore him

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  • jonty_11
    12-13 01:04 PM
    Pappu has doused the fire..:(

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  • masouds
    02-15 04:14 PM
    I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.

    If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.

    "If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally."

    This is a blatant lie. India is not using up ALL the H1B Visas, how can it use up ALL EB Immigration visas.

    Right; So, why o why the priority date for Indian (and chinese) born immigrants are way before ROW? Because there are more of you guys than ROW who want to immigrate to US. And that is OK, since those countries have way more population than rest of the other countries and more professionals. It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.


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  • seeker999
    08-12 09:36 AM
    I like the idea of separate fund for EB3.
    Is there no one in IV admins /founders who are interested in EB3?

    I believe we need to have a EB3 wing in IV ,Ideally the max donors in EB3 ( atleast 10) can be the decision makers and can ensure EB3 voice is also heard.

    We should have the % board members in IV from EB3 wing reflecting the amounts donated by EB3.

    Looks like we already have Patton Boggs lobbying for IV. Did any EB3 candidate ever given an chance to interact with them. Exactly how does this work ?

    I feel that if given a chance to talk to Patton Boggs and present our views. There can be huge amounts of funds that can be raised.

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  • angelfire76
    02-14 01:13 AM
    I totally agreed with you. This system has to be cleaned. If a system is being misused then the Gov will take some action. I also dont think they want to remove all Indians from US. I believe they will link this system with a new system similar to JRE and TOFFEL so that a police inspector from India can not come as PL/Sql programmer no matter who is hiring. I know my comment will hurt lot of people here.

    I think you just invented 2 new exams "JRE" and "TOFFEL"? Are these the ones that a police inspector (like you?) needs to take to become a PL/SQL programmer? :D


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  • nmdial
    03-16 11:46 AM
    Dear All,
    I'll be driving from Harrisburg, PA on Saturday, Sunday, and attending the advocacy event on Monday only. It would be really helpful if someone could host me for one night.

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  • andycool
    07-12 04:56 PM

    INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

    For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.

    According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D


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  • prioritydate
    12-21 02:15 PM
    This is from Murthy chat.

    Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?

    Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.


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    06-12 11:51 AM


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  • nomi
    12-11 02:38 PM

    Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:

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  • mallu
    06-20 02:54 PM
    PD Nov.2002 India EB2( original labor ).
    I-485 RD Jul 2006 . AD : June 2008.
    Waiting for actual card...:D


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  • conundrum
    11-10 02:05 PM

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  • varshadas
    01-30 02:51 PM
    After we come up with the final flyer with images and stuff, we should get it reviewed by IV to make sure that we don't have conflicting statements. We have to get color printouts. We can get them at Kinko's.

    Who is good with PPT? Someone can work on the images? Do we want to use IV's existing images or make some new ones?



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  • pappu
    02-03 10:01 AM
    I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...

    Hello Mirage,
    could you please update your profile dates so that it can help everyone in IV tracker. Thanks.

    While your concern is genuine, our experience says it is not that easy to remove country quota with a 2 line bill. IV will advocate for it, but understand that it will not happen in isolation and it is not feasible in an isolated bill. Lot of ROW have this misconception that IV just wants to remove country caps and help people of particular countries. That is not true. Our aim is to end retrogression for 'everyone'. Country caps is one of the ways by which we aim to do that. But understand an immigration bill will not have just country cap removal. That is not practical. There will be recapture and other possible measures like raising limit or backlog elimination specific measures with time limit.

    So do not fan emotions through the post because people start getting agitated without fully understanding the reality and what and how IV aims to approach this problem.

    We prefer that we help clear misunderstandings with other fellow members whenever they argue on this topic.

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  • javadeveloper
    12-12 04:09 PM
    Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category.

    Agreed.The purpose of H1Bs is to help companies.The purpose of GCs is for political reasons with a Mask named EB.

    They don't care if we are tired of working in H1B , many people are in Line to come here on H1.Then they don't have to give you a GC when there are millions of people are ready to work on H1

    My 2C


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  • Legal
    07-04 08:40 PM
    I dont think lost GC numbers can be revived, After a Fiscal year is over the GC's are dead.

    new legislation is needed to change that.

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  • kshitijnt
    05-10 11:27 PM
    I urge everyone to read the donor forum...we need more people to work on couple of issues and fixes. Please become a donor and take part in this...if you are serious to fix these issues.

    What is a donor. I previously donated $500 and I am not on that forum. Also asked IV through PM about it. Never got a response.

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  • yabadaba
    09-10 08:38 PM
    Letter for Intl Student Associations

    Dear International Student Friend:

    You have put yourself through a lot over the past few years: traveled to a new country, put yourself through school, worked long hours in the lab, took on multiple on-campus jobs and loans, so that you could make a better life for yourself. Now, you are getting ready to graduate and join other high-skilled people like you who make this country one of the leaders when it comes to innovation and technological breakthroughs. We are proud of your accomplishments and look forward to welcoming you in the real world as your friends and colleagues.

    However, we wanted to make you aware of a grim reality that you will surely face in the coming months. Immigrant visas (commonly referred to as �Green Cards�) are currently severely backlogged across multiple categories and countries. You might be vaguely aware of this and may have heard rumors, but the truth of the matter is that most likely you will have to face years of waiting for an immigrant visa to be approved. This in turn will restrict your growth within an organization and at the same time prevent you from reaching your true potential. Even if you are finishing up your course of study from the topmost university in your field, it is more than likely that you will be impacted by the current immigration backlog. We write this letter because thousands of our members are in exactly the same place. We write this because we are in process of developing one of the most comprehensive grassroots organizations dedicated
    to helping skilled immigrants achieve their American dream and at the same time help in keeping this country competitive in the global markets.

    Our organization cuts across nationalities, job categories and pay scales. Even if you are finishing up your MBA from Harvard, it is likely that you will be impacted by the current immigration backlog. We are completely committed to
    securing a more transparent, predictable and fair immigration system. We ask you to visit our website at and attend a rally on September 18th at Washington DC. We are running buses from your city to DC. All you need to do is visit the Immigration Voice website and sign up for where you are coming from.


    Your friends at
    Immigration Voice

    This is the reply I got from a student at my grad alma mater

    Dear XXYY

    This year most of the students at GATech have come only to study and get back to India, their homeland. So the participation might be grim due to the same. Even I have decided to return once done with my studies. Guess serving the motherland has been more important to us than earning the $$, since we know that only with efforts of an individual a country can progress.



    02-13 01:31 AM
    First off, you are looking for a bodyshop. A consulting shop. You would be the consultant if you are hired they would be the consulting firm.

    There is a website called (Desi Crunch) that as reviews of most of Indian Consulting shops. Reviews are posted by individuals themselves so they would be reliable.

    Other than that you can look on and search the name of the firm you are planning to join to check if there are any bad reviews.

    You have to be prepared to handle your job as a consultant and your job in handling your employer. There would be struggle every step of the way. Basics like giving paperwork tied to Immigration like H1, 140, labor is a big task. Mostly they dont want to share even xerox copies so that it becomes almost impossible for you to either switch jobs or retain priority dates. Expect to work at a much lower rate than what you would get as a permenant employee directly working for an American company. Expect to move across the country every few months from project to project, unless you are really really in demand and can get projects in city for longer times. Do not expect moving expenses. You are on your own. Whenever you quit, expect to miss your last 1 or 2 paychecks. They will come up with some excuse not to pay you. If you quit and if there is any bad blood between you and your employer, do not expect any letter of experience that you can use for future EB2 or EB3 Greencard petitions. They wont give you that. If they hire the Immigration lawyer, you will most likely never talk to the lawyer directly. It will be thru your employer only. And information will be presented to you in a way that makes you feel in bad shape and more dependent on the employer. "Your labor is in trouble". "there is an inquiry on your H1, 140". "Lawyer needs another 5,000 to respond to your inquiry or RFE which we would be more than happy to deduct from your paycheck".

    If you want to go thru all this, then yes, desi consulting firms would work for you.

    05-27 07:57 PM
    I have sent exact size photocopies to USCIS all times, no issues. Never ask for help in Kinkos for photocopy, DIY.

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