Thursday, June 30, 2011

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  • java4yogi
    08-18 03:00 PM
    After reading lots of forums contributors, my 2 cents :

    a) I think the first thing is ban those people who advise separation of interests or make invidual groups in forums.

    As if things happening in india are not enough to divide people on all fronts, a new separation criteria is created here on EB1/EB2/EB3. A lot of us are very creative..wow !!

    b) Initiative needs to be well spent and well thought. Its a forum for ideas and further on implementation. So, its for everyone. Taking initiative is not bad, go ahead, but walking tall on other peoples misery is not really very cool !!
    People are waiting for 10 years in line, come on..think, if this happens to all of us..

    c) Legal and illegal efforts. People accusing core of bank accounts withdrawls and all that nonsense, do not need any rebuttal.
    The harshness of things is creeping in people, but pls. some sincerity is also needed.

    I thank all of you who have worked hard for the benefit of all of us.




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  • eb3retro
    08-18 02:45 PM
    I don think this issue concerns you. So , with all due respect, please BACK OFF.

    I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?

    If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.

    In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.



    excellent points eb3 napa..Sunny surya i think you surely need to come up with some proper reply (instead of one liners) to eb3napa to convince people here.




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  • phillyag
    08-25 08:49 AM
    I think you may see some action soon ...( did you have LUD on 8/21 ??)

    Thanks

    No I did not...the date before it was of back in 2008.
    My PD is Jan-17-2006 at NSC.




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  • anda007
    07-09 03:26 PM
    I spoke to this journalist for almost 20 minutes
    She is awesome and really really listens to you and gets a lot of information to you
    THIS IS A LIVE PERSON
    She is interested in talking more people and also if possible with other ASIAN people (Chinese/Taiwanese/Pakistanis), who are in the same boat
    Call her and she picks up the call.



    I found this in the one of the forums.. please people contact the report have people hear us.

    Story for the Washington Post

    --------------------------------------------------------------------------------

    Hi all,

    I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.

    Thanks!
    Xiyun

    email:yangx@washpost.com
    office phone: 202 334 6701



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  • gcspace
    01-21 01:29 PM
    I have EB2 PERM and EB3 I140 approved. Since my EB3 PD date is earlier than EB2 PD , my lawyer filed my 485 with EB3 I140.

    Is there any way to find from 485 receipt or application which I140 was used for filing ?




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  • mike_2000_la
    06-08 06:23 PM
    My case was received by NSC on JUN 1st. They issued the recipt numbers on JUN 5th. I am still waiting on my wifes. They could clear on Monday.. Looks like NSC is also trying to speed up things. They are just one day slower than TSC in issuing recepts.


    So your LIN number should be like...

    LIN-07-175-5-xxxx

    can you confirm?



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  • GreeNever
    05-03 11:09 AM
    thanks for responding...any contradicting/second opinions? What is the exemption towards - both filing for 485 and processing of 485 too, right? Isn't it an exemption from the EB quota?




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  • drona
    08-31 08:01 PM
    There are people willing to provide sponsorship for airfare and accomodation. We have students flying with us from California because they were able to get sponsorship. Try and make it.

    http://immigrationvoice.org/forum/showthread.php?t=12441



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  • suriajay12
    02-15 01:10 PM
    Sincerely, I dont think its a problem for anyone to send $100 or 200. Most of the people here are not seeing any action from IV core in the last 6-12 months. And we guess same to hope for even for future. Many guys in other forums are writing against IV saying they will no more pursue any campaigns as the dates of core members are now current and they will not do anything that may jeopardize it. I am also not seeing any action eversince I joined here. So what is the point. Why dont we fight our case oursleves. I know unity is strenght, but when its not there, doing nothing is a a bad idea. This is not to hurt anyone.




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  • vin13
    07-16 06:25 PM
    If u want to be fair, fight to remove country quota and not fight among EB categories



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  • lutherpraveen
    10-01 02:22 PM
    Ship (P/U) date: Jul 2, 2007
    Delivery date: Jul 3, 2007 9:03 AM
    Sign for by: R.WILLIAM

    No receipts, No checks cashed, jut nothing.
    My attorney said that they would be following up on weekly basis and will be using the congressional liaison if they need to.

    July 3rd at 9:03 received by R.William--

    I am still waiting...
    Just checking to see how are others doing, If you have not received receipt number please let me know. If I am the only person left then I need to escalate this issue with my laywer..

    Please respond, I know 10 days back there were few people still waiting
    Any updates from....

    i99
    helpme1234
    kingnaga
    waitforgc123




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  • kosu
    06-13 07:55 PM
    I thought all the fees are to be paid by the employer then how come you are paying for it, is it still an option or is there any premium processing for 485

    Actually I paid for all the fees from my personal checks. Later on my company reimbursed those. I dont think there is a premium processing for 485.



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  • sam2006
    08-24 07:11 PM
    July 3rd R.Williams 7.44 AM NSC
    140 Approved TSC
    LUD 07-28
    No CC
    NO RN

    my guess: Look at TSC Processing dates




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  • snathan
    02-09 12:07 PM
    Done...

    Unique Transaction ID #5G807044SR6324537)


    Guys....its only $20. Please consider to donate ASAP.



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  • mashu
    08-13 02:35 PM
    Hi all,
    any advice/suggestion in my case:

    EB3
    I-140 is approved on Jun 15, 2007, Premium processing, in Texas

    I485 package delivered to Nebraska on July 2, 11:35 am and is singed by ... whoever..

    I've registered on the https://egov.uscis.gov/cris/jsps/index.jsp
    site and all times before LUD for my I140 was 6/16/2007 until today
    Today LUD for is updated to 8/12/2007.

    Checks have not been cashed.

    Please anybody is in the same sutiation???




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  • unitednations
    08-26 02:05 PM
    I wish they go after the fake companies that acts as GC boutique and also those who "bought" GC from them. (I mean not really bought, but who got GC from a company who originally never intended to work for them or never did). And of course use those numbers for LEGITIMATE cases (I hate to see those numbers go waste).

    That is always the problem; what people define as legitimate?

    A lot of people think their cases are legitimate and others aren't



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  • obviously
    04-24 10:53 AM
    Folks, it is time for the H1B community to grow up. Business is business. I am not a blood sucking deshi firm, or a silent partner. On the contrary, I happen to be a trained mediator, published author on conflict management and professional in strategy/organizations. My view is pretty simple: mathematical 'tit for tat' doesnt take you far. Build, nourish and manage relationships. Money and math are secondary. Its time to grow up.

    MR. Obviously




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  • dingudi
    11-07 01:26 PM
    I am trying to understand something here. So When we call TSC for FP they say it depends on local ASC. And I read from other posts on this and other forums that people who take infopass appointment for FP with their local ASC get a response that they have to call TSC for FP. So basically with Infopass , the local IO say to contact TSC and by calling TSC they say it depends on local ASC. What do we do now?




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  • chanduy9
    07-05 03:35 PM
    I have convinced a few people at work to do this. Their point is, if we really want to do this, let's do it in a way that works. After receiving a few deliveries, USCIS will get the idea and direct it's lobby security to refuse all further flower deliveries. What's our plan for that situation?

    How did the people who delivered nuts to CBS make it happen? The delivery was actually done via UPS. It's difficult to refuse a UPS packet in the security lobby! Should we send chocolates via UPS instead? It will be much more difficult to refuse deliveries of chocolates.


    Media will not let it go...ALL THEY NEED IS NEWS!!! Which is new...Let us give a shot.

    Just idea.




    samrat_bhargava_vihari
    06-12 09:28 AM
    TIP: Print them you should be able to read.:) My checks cleared on the same day got the receipts yesterday. So you should be getting them today or tomorrow. I am not sure if attorney can chose whether to send it to you or not.

    I think both Attorney and we will get the receipts. By the way it may be too early to ask but can't control it .. any one got FP notice or EAD's?
    Some months back two of my friends got EAD,FP Notice immediately.




    logiclife
    07-20 12:03 PM
    Please see homepage for more details.

    I need more people to stand up and commit to video campaign. Come on guys, if this had any risk involved, I would not tell you to do this. I have myself put videos in past (for a different purpose). I am on my H1 too. If there was risk involved, I wouldnt do that. I am not crazy and I love my status and my prospects for GC too.

    If USCIS had been going after people just for speaking out in media, then the entire core group's 140s and 485s would have been rejected. USCIS does not have time, interest or legal grounds to care about who does what. Their job is to follow procedure listed in Adjudicator's field manual and work as per federal laws and regulations. Denials of 140s and 485s or labor cert need to fall under one or other category of federal regulation. They also need to be cited on denial notice. You cant just deny someone's 140 because you dont LIKE the extra carricular activities of person. You are dealing with a Democracy here. Not the 15th century Mughal emperor where the jahan-panah (the emperor) can put someone on trial, convict and sentence upon whim without any due process and where the roles of judge, prosecutor and jury are all fused together into one person. There is a reason why there is an independent judiciary in any reasonable democracy.

    If this were something illegal, yes you would be in trouble. If its legal, you are not in trouble no matter what.

    If you do something illegal, then no matter how secretly you do it, it will affect your GC or citizenship. Even after you get GC or citizenship, if you do ILLEGAL STUFF, then yes, those privileges can be revoked. If everything you do is LEGAL, then NO, NOTHING will happen to you.

    Kindly draw the lines of what you choose to do and choose not to do along the lines of LAW, and not along the lines of "What might or might not offend someone".

    If you are constantly afraid of offending someone, then the sad news is that you wont be able to accomplish much of anything in life, EVEN AFTER getting GC and citizenship.

    There is no such thing as secret protest.

    If the only protest is the only inside your head, then I dont think Congress is going to get the message. That's because Congress does not read minds. It can hardly keep up with letters and webfaxes so I doubt that the grievances inside your head that you intend to keep private will do you any good. You need to speak up publicly.



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  • pappu
    04-21 07:25 AM
    Thanks. We are also looking for feedback from members who have already done this and any limitations and problems that they have faced. From employer point of view as well as your own point of view.

    Has anyone done this more than 1 times?

    How much % salary increase have you taken while changing jobs?
    How different was your job description and profile?

    What are the list of limitations that your own lawyers have given you that has limited you in your professional growth?




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  • alien4ever
    07-07 05:47 PM
    Did this rally on 7th July in San Jose happen? Any updates from folks who were there?




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  • Greatdesi
    08-28 05:10 PM
    Received our green cards today. Will continue to contribute to IV.


    You can download the form from SSA website and fill the information for each applicant and take it to the SSA office. You can get rid of 'authorized to work with INS permit only' label of your SS card by using the same form and get a new card.

    Take the forms, your PR card, old SS card. It just takes few minutes. They will take the info, shred the old cards, forms, etc. and will mail the cards to your address...Just check other thread ' Dos and Donts after GC' fo rmore info, and open a separate thread so as to not to mix up the original content of the thread...




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  • gcbikari
    04-30 01:38 PM
    Any realistic numbers how many EB3 India pending cases are there with PDs in each of 2001, 2002, 2003, 2004 ...

    Anyone know any links, USCIS keeps on posting some data all the time.

    I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual.



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  • BharatPremi
    11-01 04:55 PM
    Guys,

    Here is my understanding. Please add your suggestions and opinions

    Goal: Use AC21 safely to achieve GC

    Addressed Parties: Applicant( "A")
    Current Employer(Comany X - "X")
    Client of current Employer (Company Y - "Y")
    Future Employer (Company Z - "Z")

    Prerequsites:
    ------------
    Good Relations with X
    ----------------------

    Documents to be asked for:
    --------------------------
    1) 181 Days wait period
    2) "Intent to hire in future" Letter on the last day of the job
    3) Copy of "Employment Letter" submitted for 485
    4) Copy of certified labor
    5) Copy of approved I-140
    6) Original 485 receipt and original receipts of AP and EAD if applicable
    7) Original pay stubs for this 181 days period

    Bad Relations with X
    --------------------

    Documents to be asked for:
    --------------------------
    All above. Copy of I-140 approval (Or just LIN/SRC No would do too),
    Labor certification number and copy of 485 receipts ARE MUST.
    Paystubs anyway you will get. In case if "employment letter" is not
    given then try to take "Reference letter" from Y which depicts you
    were working as a X's consultant with title "Job description --matching
    Job Code" from this period to this period (Last day of your 181st day)

    Things to be taken care of at Z side:
    -----------------------------------
    1) Have H1 transferred first if want to be on H1. Otherwise use approved EAD
    2) Have offer letter with start date (182nd day), with "Same Job Code" with
    your 485 is filed and written commitment of pursuing GC from where it was
    left without any condition.
    3) Have commitment of direct communication with lawyer
    4) Have employment letter secially prepared for teh use of AC21 having start
    date, Job code, title, job description and commitment of future continued
    employment
    5) Send AC21 notification letter alongwith employment letter of Z, paystubs
    from X through Z's lawyer.

    Thanks.

    AM I MISSING SOMETHING?




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  • dtekkedil
    07-10 05:39 PM
    We are starting with San Jose. On July 14th.



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  • sparky_jones
    08-29 08:42 AM
    485 Package received at NSC on July 23
    No receipts, no checks cashed
    I-140 approved TSC June 2007
    I-140 LUD 8/12/2007
    EB3 - India
    PD - 8/2003




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  • waiting4gc
    07-19 08:10 PM
    pledge towards reimbursing core team



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  • bomber
    07-04 12:02 PM
    man I could swear that was me posting except my priority date is in 2004.
    maybe we have the same lawyer.

    Same deal here.




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  • ca_immigrant
    02-07 05:54 PM
    I think culture vs quality of life is a different thing.

    I am not saying that one place is better than the other...

    There are many things for which I love living in the US...long list...

    there are many things for which I love living in India...I think the list might not be as long as the US one....

    2 of the main things I miss in the US.
    1. Parents , Siblings and extended family....I do not know how much time anyone will have for me if I were to go back -:)
    2. Culuture...mainly for the kids...here once the kids are 10 or 11 I think you cannot tell them anything much...they have thier own mind and will not listen to you....and might end up making wrong decisions...again not saying that this is 100% safe in India...but agian in India I think the kids listen to you till they are a little older....this helps as they might be a little more mature by then and hopefully will make more wise decisions...

    Again, I am not saying life is easier or better in one place compared to the other...

    If I were to go back to India (which is what we plan to do in 2 years from now) then it will be becuase of the 2 main reasons above...I really wish there was a work around for the 2 above and I would then stay back -:)

    Both are great countries with plus and minus....

    Peace !!!
    All the best to all my friends here (the ones who stay and the ones who go back ) !!



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  • sanju_dba
    11-17 03:34 PM
    Done!




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  • Lasantha
    07-03 08:02 PM
    Congratulations! Don't worry, those emails don't arrive in a logical order. I am pretty sure you will get a case approval email soon. In any case your wait is over. Happy 4th!!

    EB2 category

    I did not get an approval for the 485 so was thinking what the process was here. Am I not supposed to be getting an approval notice in the email before the "Card Ordered" message came through ? I hope everything is over now, it was a long 51/2 years wait and just when you loose hope in the whole process this message turns up in my Inbox. I love this site and will continue to support it in whatever manner I can
    :)



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  • anzerraja
    07-19 07:29 PM
    Zooom,

    Saw the corrections, thanks !

    Please also add the wordings that we need only the pledge, people may go ahead and donate to the IV fund by mistake.

    It should be along the lines..

    "Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"

    As for the target amount, i think the least minimum would be the $64K , which Aman spent already. Soon we will get a collective amount of what has been spent by all the core IV team members and then set the final target amount. What do you think ?



    Done...
    I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.




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  • MightyIndian
    04-29 01:23 AM
    No. Tried to call NSC a few times and got diffferent stories on why my fp notice is being dealyed. I gave up trying after my last call 2 weeks ago wherein an IO told me to wait until middle of May.



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  • pbuckeye
    11-17 05:06 PM
    Done.

    Message sent to:

    Senator Sherrod Brown (D-OH)
    Senator George V. Voinovich (R-OH)
    Representative Patrick J. Tiberi (R-OH 12th)

    I think the Republicans on that list are somewhat supportive anyway.




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  • neswar
    07-04 07:27 PM
    Problem is not only with the desi companies! If you work for the so called MNC, still you will be exploited. At least if you convince your desi employer that you will work for them for X number of years, they will be ready to help you. Sometimes they will go beyond the legal limits if the get return from you. Not true with MNCs. In the name of abiding the law, the will not help you. I have seen many people work MNCs, just at the verge of getting the GC, they got laid off! No need for me to tell what happened to his GC.

    So in my opinion the best way to get your GC is go thru the blood suckers! That is the price you have to pay to become citizen of this "Land of Opportunity".



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  • nousername
    01-30 05:38 PM
    Thanks for your suggestions and comments but we don't need H1 anymore.. She is using EAD.



    Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).[/QUOTE]




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  • leoindiano
    12-26 10:51 AM
    Did your app go thru Texas-vermont-texas cycle? When did your app reached USCIS?




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  • sai948
    04-05 11:12 PM
    I am not sure if opening SR helps, especially for TSC. I opened SR 30 days ago and still waiting. They have not scheduled me yet for an appointment.

    Me too raised 2 SR with TSC, no use




    ram_nara303
    11-17 03:44 PM
    Done for VA

    Senator Mark R. Warner (D-VA)
    Senator Jim Webb (D-VA)
    Representative Frank R. Wolf (R-VA 10th)




    casinoroyale
    08-17 02:00 PM
    Anybody tried entering USA by road using AP after they applied for H1-B visa and it got into admin processing or PIMS delays?



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  • looneytunezez
    11-17 05:36 PM
    Sent email to senators and congressman for both me and my wife.




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  • reddymjm
    05-02 02:57 PM
    HAHA, true, and reddymjm should be made acting deputy director for this effort like Mr. Aytes.
    I'm glad that he re-edited his language in his previous post!

    You and I would not be here. You would have got ur GC long back ha ha haa haa




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  • maverick_joe
    05-02 11:41 AM
    I just gave you one! can you please return the favor? :)
    talking abt red and green my friend reddymjm got totally pissed by my previous post and gave me red..loser!


    Why arent you tempted to give me green though :)




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  • nixstor
    07-07 10:16 PM
    I think we should have a poll for DC rally and it should be on IV home page so that every visitor know about it and poll.


    There are a lot of people in DC like me. The permissions depend on which part of DC we want to rally.

    Do we want to rally around the capitol meet congressmen and senators in the immigration sub committee?

    Do we want to go to offices of USCIS and DOS and request to consider the first VB?

    As some one has said, there has to be a poll on the home page and if we have to tip off media ahead.



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  • jsb
    11-02 11:56 AM
    I was confident on this before, you have just made me super confident.

    I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
    cjain:

    Necessity of 2nd I-140 (if original I-140 denied after 180 days) by new employer is a bit vague and debatable. That's why there are different opinions. For argument sake, if 1st I-140 is approved after, say 360 days, and the beneficiary is already working for the 2nd employer (after waiting for 182 days), what is the sanctity of 1st employer being willing and capable of hiring at this time when there is no intention of beneficiary to work for him.

    Bottom line is (I am contracdicting my own argument of previous post), longer the USCIS takes in approving 1st I-140, less is the need of 2nd I-140 by the new employer.

    There are always grey areas in law, otherwise we don't need lawyers:).




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  • Winner
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  • chmur
    07-28 12:33 AM
    No one can realistically claim a moral high ground here - neither EB2 nor EB3. and that includes me too! Each one of us here are looking for self interest, period. No amount of calls to empathy/sympathy/solidarity will change that.

    For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?

    So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.

    Agreed. The resource(Visa numbers) is fixed and scarce. so it is natural that everyone will fight with whatever they can to access them , unless the resource is expanded (Recapture)

    EB3-I will be foolish to expect EB2-I's to help them out .

    IMO, IV has sensed this and maintained a dignified silence . They really cannot take a position on this and still function as objective forum .

    I think none of us should force them either ...IV has larger objective of increasing the pie and we should all support it.

    Where i disagree is why should EB3-I lobbying should split IV . I see no reason in that.




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  • gcstudent
    08-31 02:43 PM
    How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.

    you sure look different... yes, there is a different quota for people like you.. You should check with your lawyer.



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  • supreet
    07-08 04:02 PM
    Hello All,

    After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.

    Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?

    OR

    Is being on 1099 while on EAD a bad idea and I should stay away from it?

    Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.

    Thanks all for you replies!!!

    - S




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  • unitednations
    03-08 03:17 PM
    I agree that legislators are very aware of the difference between the H1b issue and the green card issue. Yesterday on CNBC, Larry Kudlow interviewed Sen. Grassley from Iowa on this topic. When Larry was asking about these workers contributing to society, buying homes, starting companies etc, Sen. Grassley told him he was mixing up two separate issues. Basically he only wanted to talk about the H1b issue.
    The sad truth is these guys(like Sen. Grassley) are anti immigrant period(they give you all the blabber about I am 3 generations separated from immigrants etc. but that is quite simply them satisfying their conscience/the public conscience on this issue, I always wish the interviewer is an American indeginous Indian), and instead of saying so openly, they combine the issues when convenient and separate them out when not so. I agree with you that it is not because they are not aware. Right now their focus is on stomping out fraud, he mentioned cases of people coming on H1b and running laundromats, or working in different locations to what they are certified(ouch). The new quota that opens up on Apr. 1 will indeed be a watershed. I am expecting really restrictive and nasty legislation in time to greet this. I truly hope for very few applications, so the Hon. Sen. understands that this is a demand driven issue for the most part and fraud where it exists can be addressed but not with blanket legislation which effects can be unintended.
    Nonetheless this issue of Country caps has become so draconian that if indeed the US changes its policy and institutes country caps on H1bs as your posting suggests they might in the end, then we will have things go in a certain direction.......protectionist, and there will doubtless be backlash. As it stands the current insensible policy is such that people come on H1b, settle into a job, have their US citizen kids, accumulate enough social security credits, savings etc and then facing an inordinate wait, perhaps even have to leave, what do you think the result is going to be? Well, the return to India where US employers given their US experience/education are more comfortable hiring them hence more outsourcing, then their US citizen Kids return for Gov't aid/loans to college, then they sponsor their parents to come in and receive social security and medicare etc. while their working contributions and taxes would have accrued to another country. Really? Does that sound like good policy?
    If the US chooses to Cap Indian H1bs fine, let it be, however continuing such policy only leads to and effectual ban on EB green cards for Indians.

    Very well written. I can tell you through my observations of living in this society for 35 years:

    1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)

    2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)

    3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.

    4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.

    5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).


    Now I don't want to get people upset but let's look at some things that have happened since 2005:

    There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.

    In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.

    In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas

    Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.


    Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.

    Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?

    This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.




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  • desi3933
    07-08 04:44 PM
    << Duplicate Post >>

    .
    .



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  • cbpds
    02-09 12:17 PM
    Guys,

    why are u arguing whether to go back to India or not, just go if u want to or else stay and keep quiet..

    There is no need to wash India's dirty linen in public here.every country has their own issues, that includes US as well.

    Admin, can we please DELETE this thread and be done with this.

    Moreover why cannot a person going back to india just go back quietly instead of posting it here unless he has issues been stopped as the Immigration counter in India.




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  • sanprabhu
    11-18 01:00 PM
    Should we do call the sponsor of this act? The dream act supporters list the senators that are on the fence, and urge them to call and I think we need to start call the main players like Reid, Schumer, Menendez to get them behind our provisions. Calling Durbin is probably will not work but we never know, thanks

    Sandeep



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  • Ramba
    07-09 01:09 PM
    Any suggestions?

    Working on EAD for a short time, even in a different occupation, with 1099 is not an issue. However, this will not satisfy the requirement for 485 approval. You must have a valid fulltime, permanant job offer in the same or related occupation at the time of 485 approval as well as when they issue a RFE regarding your employment.




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  • nixstor
    07-07 10:12 PM
    That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.

    1. Will they make the July visa bulletin current again?
    2. If not, will they allow everyone to file for EAD and AP?
    3. If neither #1 nor #2, will there be any financial reimbursement?

    Regards,
    Jayant

    It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.



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  • jsb
    08-30 04:38 PM
    Got the receipts for 485 applied on July 2nd to NSC. NSC--> TSC transfer. Notice date of 8/23.

    That is good news. Did you enter your id in the system and check if EAD/AP are in the works.




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    for me and the wife




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  • sunny1000
    02-01 01:36 PM
    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!

    wish you the very best in your future endeavor (In Tamil: ungal vazhkhai payanam inithaga amaiye engal vazhthukkal!)




    man-woman-and-gc
    09-15 11:36 AM
    GC Status:

    I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.

    I will give 200$( 100$ for me and 100 $ for my wife)

    Ofcourse all categories are included...EB2/EB3, I/C/ROW...anyone who is unhappy with USCIS random processing and retrogression of the dates is welcome to join the fight.

    Whoever thinks they are in: please send ur Name, Ph# and email ID to GCSTATUS or me.
    We are not collectiong money yet..just a pledge. As soon as we hit the required # of pledges, then we start the money collection. This will ensure that it is not one those efforts that starts, but gets buried due to people not participating. If we do not have enough people interested to fund a lawsuit...we don't move forward....simple !!! The helpless situation we have been put into...has to be backed by numbers.




    gc28262
    08-26 05:21 PM
    Does anyone know?

    I think you can apply for H1 extension as early as 6 months before the expiry.
    Your company would definitley know that.