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md_jul_03

08-06 03:55 PM

I took some time to compile the list of INDIA only EB3 and EB2 categories for past 2 years and from the trend, it is very easy to predict the Oct bulletin.
It does not need a attorney or spies. You just need to work up the numbers.
I did this only for INDIA. Any chinese can complile it for China.



MONTH EB2 EB3
Aug 05 C 01APR01
Sep 05 C U
Oct 05 01NOV99 01JAN98
Nov 05 01NOV99 01JAN98
Dec 05 01JUL00 1-Jan-99
Jan 06 01JAN01 01JUN99
Feb 06 01AUG01 01JAN00
Mar 06 01JAN02 01JAN01
Apr 06 01JUL02 01FEB01
May 06 01JAN03 01MAR01
Jun 06 01JAN03 08APR01
Jul 06 01JAN03 15APR01
Aug 06 U 01APR01
Sep 06 U 15APR01
Oct 06 15JUN02 22-Apr-01
Nov 06 01JAN03 APRIL01
Dec 06 08JAN03
Jan 07 Jan03 May01
Feb 07 Jan03 May01
Mar 07 Jan03 May01
Apr 07 Jan03 May01
May 07 Jan03 May01
Jun 07 Apr04 Jun03
Jul 07 C C
Aug 07 U U
Sep 07 Jan03 May01
Oct 07 Jan03 May01
Nov 07 Jul03 June02
Dec 07 Jul03 Jun02
Jan 08 Jan04 Jun02
Feb 08 Jan04 Jun02

Here is my analysis.

Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
For EB3, they like to get it stuck at mid year so Jun02.

Guys, give a thought to this trend and see if you can guess more accurately.

Interesting analysis.

I found an additional prediction on this link http://www.murthy.com/news/n_oct07vb.html

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Dianna Agron and Mark

gcseeker28

07-28 03:54 PM

So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
What is the probability of cases of MTR getting approved after the relevant documents have been published?
For the client letter denial reason, did anybody furnish further documents?
Appreciate your inputs

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snathan

02-09 11:09 PM

Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)


do you think they will?

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Mark Salling Actors Dianna

ramaa

06-21 01:05 PM

I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
Thanking you in advance.

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vkxml

06-29 02:59 PM

Hi

I am trying to change my I140 regular to I140 premium by completing the I-907 form, so that it can be sent before July 2nd deadline. However, my employer is not willing to proceed as he has recently received an RFE on I140 for one of other employee; he is working on the necessary documentation for that RFE, At this juncture, he says that escalating my I140 would jeopardice the situation.

Still, I am still not convinced; I want him to push it. Will there be any issues for the organization or for me. Any response would be greatly appreciated.

- VK~XML

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akred

06-02 09:18 PM

Science, Technology, Engineering and Mathematics....

Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.

Does anyone have a list of majors included or any other information on this issue?

Thanks.

I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.

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karthikgk

02-19 12:54 PM

All,

Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(

My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application

My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1

My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA

My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?

2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.

3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?

Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,

Regards,

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martinvisalaw

06-29 10:32 AM

You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94.

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Dustinthewind

01-05 12:48 AM

@sanju_dba - Sorry to disappoint you. We did think about making a documentary, but in the end we all figured that a lot more people might be interested in a narrative feature film. Perhaps we are wrong, but it was just a decision that our team collectively made.

@waitingnwaiting - Thanks for your honest feedback. You are right about a lot of things. All I can say is, I've been in this country for over 10 years still waiting for a green card like a lot of people. I just wanted to do something to make more people aware of the issues. I'm passionate about film making so I figured way I can do it is to make a film about stories based on my personal experience. Now, I don't know how the audience will perceive the film or if it will change their mind. But one thing's for sure, we all have given our best to this film and attempted to tell stories that have affected our lives.

Thanks again for the comments.

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panini

06-11 03:48 PM

If you have not been to Canada or lived in Canada since your landing I would assume that your Canadian PR would have been automatically cancelled because of the 3 years out of 5 years rule.


I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?

Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?

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bheemi

07-31 05:41 PM

Unless you use AP to travel outside, you can work on EAD and status of H4 is not going to be affected..So dont fear, just pose the question to lawyer in immigration-law.com. Or else you can search in the advanced q/a in that website u may find answer..

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mrajatish

09-17 12:02 PM

Explain your comments more clearly - do you mean EB1 unused is not getting used by EB2 India/China? If so, this is a matter of grave concern, and yes, we need to find out more information on this. We have to wait till DOS publishes Visa number usage this year. All EB1 and EB2 numbers should be used by over-subscribed countries in those categories and by no means by EB3.

Find out/research as much as you can on this - we need to understand what is going on.

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Rb_newsletter

01-07 08:36 PM

I found this article in imminfo.com. I could not understand the below line in legal sense. Does this line means that delayed registration of birth is not acceptable?


ImmInfo Newsletter: Required Supporting Documents: Birth Records (http://imminfo.com/News/Newsletter/2010-1/required_supporting_documents_birth_record.html)

Delayed birth certificates are also not considered as conclusive evidence of birth.

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Dianna Agron,

grupak

08-15 07:40 PM

Thank you all for the good wishes!

Good to see you Jazz.

Congratulation,


You said relocated- Did you invoke AC21 and if so, did you inform
USCIS about your new employer/job? Please, let us know on this


My GC came before I officially joined the new employer. And NIW is a bit grey area I think... I don't need an employer but I am expected to continue my contribution in my field of expertise.

But as people have mentioned AC21 is your right... you don't have to invoke it. If USCIS asks, you prove through documentation how you are covered under AC21.

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Hermione

09-25 03:52 PM

My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......

As soon as she starts using her EAD, she will lose her H4 status and will be in authorized presence. That is kind of a temporary presence based on her pending I-485 (neither EAD nor AP provide any additional status), which is not status, but perfectly legal. When she travels with AP, she may either get admitted as H4 again (and lose it again when she starts working), or she may be paroled into the US, which means that she will be in authorized presence.

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Not if you ask Mark Salling,

tnite

06-18 04:04 PM

Under Part 3.

What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.

I'm currently on a valid H1 extension with a valid I-94. My current visa on passport has expired. Anybody any ideas????

1.Non immigrant visa number : put the number on the expired H1B stamp (in red color).Do not put the control number
2.whenever the expired visa was issued
3.whereever it was issued.

I assume you renewed your H1b eventhough you'r H1b stamp expired.

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eb3retro

09-10 08:45 AM

^^^^^ bump..


can you show me a single post in iv that states that they have travelled after applying for ap, and come back with an ap. May be i missed it.

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vnsriv

03-31 04:32 PM

I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.

If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !

I second this. Tax Filing has no implications on your immigration status.

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kaisersose

07-26 03:25 PM

To travel out of the US when a 485 is pending,

1. You should have AP or

2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt

So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.

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newbie2020

03-21 06:07 AM

When we had our baby, There was lot of insistence from parents to have the baby born in India. Me and my wife had a discussion and we decided it is best interest of the baby to be born in US. We didn't want him to go through the same pain of H1,H4, EAD, GC etc and opted to have him born in US. Yes i know it is little tough since you need your parents to come and stay for few months once baby is born But i would advise go for having your baby born in US than in India. We always thought this was one of best gifts we were giving to our baby when he was born.

As far as your case is concerned being on EAD will not help if baby is born in India. You will either need to change your status to H1 and get baby on H4 and subsequently EAD or be prepared to have the baby grow in India until your priority dates become current. So choice is yours.

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indigokiwi

04-15 12:06 PM

Thanks coolngood4u80 and Shanmugnathan ....these are great ideas..can you also please post the Facebook link to 485 filing campaign on this thread??

Here is the Facebook link (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Or search for "Immigration Voice Grassroots Campaigns and the community
will show up on the search list).

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