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  • prinive
    07-09 06:57 PM
    Guys, IV is monitored closely.

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  • BharatPremi
    09-25 02:07 PM
    I dont get this - the PDF clearly mentions that the table is for ALL PENDING EMPLOYMENT-BASED 485s. So that means: -
    1. It does not include any Family-based 485s.
    2. This is not a count of just pre-adjudicated cases - this is a count of ALL PENDING CASES.
    3. And since this is a count of ALL PENDING CASES, it also means that ALL DEPENDENT CASES are also included in this count - all DEPENDENTS HAVE TO FILE THEIR OWN 485s!

    Sometimes I just wonder, if most people here on this board have an illness or over-analyzing everything. It is so simple if you just read what is stated and take it at the face!

    The only thing I can tell is most of us are trying to search "light" from this "black and dark cloud". USCIS does not seem to be agree with what you are saying. Please have this trend chart and the worksheet in this thread together and then you will realize what we all are saying.:)

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  • sam_hoosier
    03-25 11:17 AM
    This is a real problem. I got a letter from a prospective employer, who wanted proof that I was legally eligible to work in the US (alongwith transcripts, previous employment letters etc.) prior to scheduling an interview.:cool:

    I believe employers are seeing a lot of candidates on EAD, and for whatever reasons they dont think EAD is good enough and would like to weed those candidates out beforehand.

    We need to fight back against this discrimination.:mad:

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  • ashkam
    11-26 08:35 AM
    Lost in all this is the fact that Punjabi wants to sell his house not because he cannot afford it anymore, but because he wants to move to a different city to a higher paying job and can't be bothered to take responsibility for his failed real estate venture. He could have done the ethical thing and stayed in his present job and paid off his loan but he is choosing not to. And who does he blame for his situation? The concept of the "American dream". So the fact that he wants to shirk his responsibilities in favor of foisting his own debt onto the rest of the country isn't his own fault, it's the "American Dream" that's making him do this. It's not exigent financial circumstances that are causing him to foreclose, it is greed and shortsightedness (colloquially known as "The American Dream"). Greed and shortsightedness already caused him to go 20K under the water. And they will now make him screw up his own credit history. If someone cannot learn from one mistake, I say let him keep making mistakes. He will soon find out how difficult life in the US can be if you don't have a good credit history. As for the burden on us taxpayers, hey, we've been spending 10 billion a week for the past 5 years dropping bombs on people, what's a mere 20K?


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  • caliguy
    10-02 05:22 PM
    I can understand your frustation. I am not sure, but at times I feel if all the pushing and prodding we have done has pi$$ed off USCIS. I mean, what would it take for them to approve or look at our cases ? What am I missing?

    I had infopass this morning. The IO was rude and repeated everything I knew. He even said I became current only last month, did I expect to be approved in less than a month? When I told him that pretty much everybody who was curret (and after me) had been approved, he told me how does that matter? I wanted to ask him, what happened to my number in the queue and following the rules of the game?? Last year, USCIS went by receipt date, and not PD. What are they going by this year??

    Thanks for providing the address, I will drop in a mail to Secretary Napolitano.

    Hang in there and have a good weekend.

    Caliguy and GF
    I just wrote a letter detailing my frustrations and attached with it the documents. I don't think the call was anything big was more a courtesy call an image improving call...we were not told anything that we didn't know already.....USCIS always raised more questions than answering them.......

    The address is:

    To reach the Secretary

    Secretary Janet Napolitano
    Department of Homeland Security
    U.S. Department of Homeland Security
    Washington, DC 20528

    Today, I again talked to TSC POJ again the same thing I can issue Biom notice for you too..I asked is it possible that the adjudicating IO is on vacation or (well I didn't ask "dead" or "alive" she 'd cut the phone...she said she can send an email to the IO that I am concerned.....I said plz do....not even sure if she will do faith in USCIS is dwindling since day 1..


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  • simple1
    06-16 03:42 PM
    yes it is(both about work and supervision), read the pdf.

    The L-1 Reform Act amends previous legislation by addressing the issue of “outsourcing.” L-1B temporary workers can no longer work primarily at a worksite other than their petitioning employer if the work will be controlled and supervised by a different employer or if the offsite arrangement is essentially to provide labor for hire, rather than service related to the specialized knowledge of the petitioning employer. This limitation will apply to all L-1B petitions filed with USCIS on or after June 6, 2005. This includes extensions and amendments involving individuals currently in L-1 status.

    as IV community we must be against these violations. We must support only the compliance L1B.

    Sir, the question is not
    Who actually controls the work?

    the question is
    Who actually controls the L1 person by directly managing him/her?

    big difference.


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  • Lasantha
    05-15 12:35 PM
    Do I have to have 140 approved for getting EAD, I can file jointly now --- which I will be - So will i get my EAD before 140 is approved.

    No, you can still get your EAD while your I-140 is pending as long as your PD is current and you can file for 485. But I would not change jobs with AC21 till the I-140 is approved, if I were you.

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  • Macaca
    07-22 08:27 AM
    Lou Dobbs Tonight 03/28/2007 ( "It's pretty remarkable. Four hundred thousand H1 visas each year."
    Temporary Admissions of Nonimmigrants to the United States: 2005 ( By ELIZABETH M. GRIECO | DHS, Jul 2006

    Nonimmigrant visas allow foreign nationals to travel to a U.S. port of entry, such as an international airport, a seaport, or a land border crossing. However, they do not guarantee entry. At the port of entry, an immigration officer of U.S. Customs and Border Protection (CBP) authorizes a traveler’s admission into the United States and the period of stay (i.e., the length of time the bearer of a nonimmigrant visa is allowed to remain in the United States) for that visit. The initial authorized stay is noted in the DHS Form I-94 Form issued to the nonimmigrant by CBP.

    Many visas are valid for several years, allowing those visa holders to enter the United States multiple times. Nonimmigrants on long-term visas, however, are still issued an authorized period of stay by CBP each time they are admitted.

    TECS is the primary source for data collected from the Arrival-Departure Record, also known as DHS Form
    I-942. Nonimmigrants arriving by air, land, or sea are required to complete Form I-94, with two important exceptions. Canadians who travel to the United States as tourists or on business generally do not need the I-94 Form. Also, certain Mexicans who have a nonresident alien Border Crossing Card, commonly known as a laser visa or a multiple-entry nonimmigrant visa, may not be required to complete the I-94 Form for entry. These exceptions are significant because Canadian and Mexican citizens make up the vast majority of all nonimmigrant admissions.
    This Office of Immigration Statistics Annual Flow Report examines the number and characteristics of nonimmigrant admissions in 20051 recorded by the Treasury Enforcement Communications Systems (TECS) of the Department of Homeland Security’s (DHS) U.S. Customs and Border Protection (CBP).

    The data presented in this report are derived from the Treasury Enforcement Communications System (TECS) of the Department of Homeland Security’s U.S. Customs and Border Protection. TECS compiles and maintains information collected from nonimmigrants by DHS Form I-94, which asks for dates of arrival and departure as well as limited demographic information, such as name, sex, nationality, and date of birth.
    I-94 Forms issued at air and sea ports of entry, in most cases, can be used for a single entry only. Each time a nonimmigrant enters the United States via air or sea, the arrival portion of the I-94 Form is collected and the information is entered into the data system. Conversely, each time a nonimmigrant leaves the United States via air or sea, the
    departure portion is collected and the additional data is recorded into TECS.

    By comparison, I-94 Forms issued at land border ports of entry, in most cases, can be used for multiple entries during an authorized period of admission. The arrival portion of the I-94 Form is collected and entered into the data system only at the time of initial form issuance and admission. Thus, while a nonimmigrant may enter the United States at a land border port of entry numerous times using the same I-94 Form, the arrival information recorded in TECS refers to the initial entry only. Also, a nonimmigrant who has been issued a multiple-entry I-94 and who leaves the United States via the land border is not required to surrender the departure portion of the form if the authorized period of admission is still valid and the nonimmigrant intends to return before the I-94 Form has expired.

    The information from the departure portion of the form is recorded into TECS after the nonimmigrant surrenders the form. Although TECS records both arrival and departure data, the information presented in this report is based on arrival data only.
    Many nonimmigrants, such as students, diplomats, and temporary workers, enter and leave the United States more than once each year, and the TECS system separately records each new issuance of an I-94 Form at arrival and each I-94 Form collected at departure. Since the arrival data are collected each time a new I-94 Form is issued, and an individual might enter more than once in a fiscal year, the count of admissions exceeds the number of individuals arriving.

    In 2005, for example, there were 32 million I-94 admissions recorded by TECS, but only 26.9 million individuals entered the United States (see Table 2). Of those 26.9 million, 88 percent arrived once while 12 percent arrived two or more times during the year. This report uses TECS data to describe the number and characteristics of the 32 million I-94 admissions and not the 26.9 million individual nonimmigrants.
    There is no limit on the total number of nonimmigrants admitted each year.
    There are also limits on the number of petitions approved for initial employment for certain categories of temporary workers. For example, in 2005, high-skilled H-1B visas for certain first-time applicants were limited to 65,000. In general, there are few limitations on the number of immediate family members who can enter the country with nonimmigrant visa holders.

    From How many H-1B visa workers? Counts vary ( VALLEY EMPLOYERS AMONG TOP USERS By Chris O'Brien ( or (415) 298-0207) | Mercury News, 07/15/2007

    A company that wants H-1B visas files an application with the U.S. Department of Labor. The Labor Department screens the applications, then passes them to the Department of Homeland Security, which includes the office of U.S. Citizenship and Immigration Services. Applications approved by the immigration service are then forwarded to the U.S. Department of State, which actually issues the visas.
    There's a startling lack of publicly available data about the program, which makes it almost impossible to know which companies are getting the controversial visas and why. And much of the data that does exist is disputed by one side or another.

    Oracle was issued 1,022 H-1B visas in calendar year 2006, a figure that includes renewals of previously issued visas. But Robert Hoffman, an Oracle spokesman, said his company could only confirm that it made 170 new H-1B hires in the federal government's fiscal year 2007, which runs from October to September.
    The list is dominated by India-based outsourcing companies, such as Wipro and Infosys, which at No. 1 and No. 2 respectively received 3,143 and 3,125 new visas. The only Silicon Valley company on the list was Intel, ranked No. 13 with 613. Microsoft was fifth with 1,297.

    But another list circulating on Capitol Hill told a somewhat different story. That list was also from the Homeland Security Department and included the number of new visas as well as the number of renewal visas.

    According to that list, Oracle outranked Intel, receiving 1,022 visas in 2006. Intel received 828, as did Cisco; Yahoo received 347; and Hewlett-Packard received 333.
    But Shotwell, the tech-industry lobbyist, said such tallies are misleading because companies often file multiple applications for a single person or large blanket applications for a number of positions they might not ultimately need because they want as many as possible before the cap is reached.

    The federal government awarded 124,096 H-1B visas in the fiscal year ending October 2005, the most recent annual totals available. That includes renewed visas, which don't count against the annual cap.

    From Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 ( November 2006

    Number of H1B petitions approved for initial employment is 116,927. (page 5)
    The number of approved petitions exceeds the number of individual H-1B workers because more than one U.S. employer may file a petition on behalf of an individual H-1B worker. (page 5)

    Blogged at All Reader Comments ( for A Green Light on the Road to Green Cards (


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  • chanduv23
    01-29 06:41 PM
    I had already mentioned my EAD status when they had the interview. But after acceptiing it I mentioned it again in the conext of I9 form. Then they said they cant offer me emp;oyment due to my being on EAD.

    This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.

    Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.

    just anotherone of the expendable non-citizens

    OK, unless you never initiated the EAD conversation, technically they are supposed to ask ONLY if you are legally authorized to work in the US or you need sponsership. At the time of joining, they are supposed to give you the i-9 form and you have 72 hours to return the form back with your documentation to prove that you can work for any employer. A valid EAD with a future expiration is very much a valid document and must be acccepted as a valid.

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  • snathan
    04-01 03:51 PM
    Wait a minute, how was this India EB2 case even allowed to file I-485 when that PD has never been current? The lawyer alleges that it has been pending for several years.

    Does this "fee bill" have nothing to do with 485 filing? Is it just plain wrong or am I missing something obvious here?

    Perhaps he meant September 2006.

    This is not I-485 and its a CP case...


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  • unseenguy
    06-18 06:41 PM
    divide and rule! Last I know thats how Britain ruled India! and got control of India

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  • Madhuri
    10-31 12:23 PM
    Mailed all 4 letters.


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  • eb3retro
    10-13 04:00 PM
    have not been following this thread so deep. Looks like if someone introduces the other person to vonage service, does both of them get 2 months free? if yes, could someone refer me. pls me me. thanks.


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  • illinois_alum
    09-25 12:09 PM
    I saw this link Murthy's email too. The total pre-adjudicated cases in the chart is matching with the total in the document. Well now there are more un-answered questions:
    1. Does all other pending 485 include employment based ? If yes what % are employment based ? Obviously we do not have any country specific data on these.
    2. Is there any way to know whether individual case is pre-adjudicated or not ?
    USCIS has fooled us again. No good statistical analysis can be done on incomplete/inaccurate data. I am going from hopeful to hopeless again. I am EB2-I Feb 2006.
    Thanks a lot for staying on top of this and posting your analysis.

    I dont get this - the PDF clearly mentions that the table is for ALL PENDING EMPLOYMENT-BASED 485s. So that means: -
    1. It does not include any Family-based 485s.
    2. This is not a count of just pre-adjudicated cases - this is a count of ALL PENDING CASES.
    3. And since this is a count of ALL PENDING CASES, it also means that ALL DEPENDENT CASES are also included in this count - all DEPENDENTS HAVE TO FILE THEIR OWN 485s!

    Sometimes I just wonder, if most people here on this board have an illness or over-analyzing everything. It is so simple if you just read what is stated and take it at the face!

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  • trikap
    05-22 06:26 PM
    Company A applied for my GC in Oct 2002. I received I140 and left the company on good terms and joined company B. company A promised that when my date becomes current they will authorize my 485. Now that my date is current, the company A is saying they cannot give me an employment letter because they are not doing well financially. The company has not more than 3-4 employees and they had been suffering losses for last few years. Now even if they have good intentions for me, they are unable to file for me.

    What options do I have now? restart GC process with company B and utilize my priority date?

    Please help. For a day I was excited about my date getting current but after al there was no reason for me to be happy.



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  • ramus
    06-29 05:02 PM

    Don't USCIS clearly say that they expect more application to receive because of july visa bulltin?

    Now what suddenly happened that they decided to change dates..

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  • jungalee43
    09-09 02:20 PM
    I am taking breaks from work and calling.
    Rep. Johnson (GA): - talked and response was OK
    Rep. Baldwin (Wis): - talked with a lady. Excellent response.
    Rep. Berman (Calif): - talked and good response.

    Ironically everywhere the person who takes the call says s/he can handle the matter.
    I will keep calling and contact everyone on the list till evening.

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  • snathan
    08-20 06:33 PM
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    currently teleblend offers $50 unlimited india calling + ofcourse US+canada unlimited. However as now vonage has come up with $25 world plan, I am sure teleblend would come up with something similar soon... may be $20 world plan or so. As they always price it below vonage. Let's hope! competition is good for consumer.

    I also had Teleblend world...but I removed the unlimited world as it was $35. Lets see they might come up with something like this.

    06-24 05:48 PM
    for all those whose lawyers allow multiple filings: what are you filling in for I-485 Part 3 section A "Have you ever before applied for permanent resident status in the U.S"?

    In my case both applications are proceeding in parallel and I dont know which lawyer will end up filing first!
    The one you apply next should should have the option checked.
    Word of advice:
    Understand the full implications if you want to file 2. I have gone into its details over the past week and this weekend, and would not advice someone to do it just for the heck of it. You should have VERY genuine reasons for it due to some risks involved. This is a grey area and there is no law for it or against it. There can be some risks and advantages.

    07-09 07:26 PM
    What you guys are talking about ... Walter reed is the best place for the flowers to go, with all what is going on in there ... the media will eat this news . DO not Cancel whatever you Do do not cancel instead call the media and let them know........... This is even better.

    Can we do a blood drive next as protest! seriously. Donate blood as protest and for media attention.

    I totally agree with this. A blood drive is a WONDERFUL idea. If we can get enough media outlets to cover this story it will send the right message to the Federal government. I think this will be HUGE. test101 - you are a genius !!
    IV core - please consider this.

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