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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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  • sujith1
    08-03 12:01 PM
    Got 2 year EAD approved on 7/31/08

    RD - July 11

    Still waiting for spouse - not updates there

    no updates on AP for both of us




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  • delhiguy79
    07-24 08:02 PM
    While landing which car shud we take?

    Own or rental?




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  • venkat_s
    08-27 04:24 PM
    Hello All,

    Got greened today !!. Just recieved CPO emails for me and spouse. Feels really great!!. the long wait has finally ended!... Thank you IV for your efforts. this site's been a great resource throughout the GC journey. I wish all the best to all the folks still waiting- HANG in THERE .. sooner or later you will be hearing the good news!. My details below

    PD Oct 21 2005
    RD 7/26/2007
    ND 8/23/2007
    Service Center : NSC

    Last SLUD 08/12/2010
    EAD / AP approved on 08/10/2010

    Infopass on 08/06/2010 - Told was in review - Case assigned to Officer on 07/29/2010.
    SR Opened 08/02/2010 - Wait for 60 days.



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  • johny
    09-06 01:16 PM
    No receipts yet. My file reached NSC on jul 9th. shows TSC is processing jul 2 cases. NSC is also processing some jul 2 cases.




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  • eb3_nepa
    07-05 01:39 PM
    Send a DEAD Fish to the media with the story titled "Something Smells FISHY at the USCIS"



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  • bkam
    06-26 01:51 PM
    I am not going to stoop to your level, Bkam, but the next time you post a comment about sombreros etc you are looking at a ban. It is up to you what you choose to do.
    Well, my dear, since you are the "boss", you can "ban" me now. Do not wait because it is unlikely I will change my way of thinking. Even, I am going to facilitate you, I will "ban" me myself.




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  • ramus
    07-07 12:05 PM
    Hi,
    Please join NC state
    chapter if you have not yet. I am also talking to couple of members from Raleigh and we thinking to go and meet senator Burr if we get appointment. I will keep you in the loop. We can discuss this on our state chapter.

    Thank you for your interest.




    I live in Raleigh, NC and am willing to come to DC. I will try and check if any of my friends are interested.



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  • coolcat
    06-12 11:13 AM
    No, I didn't get my receipt yet. I called my lawyer and she said that the checks haven't cleared yet. It's taking toooo long. I don't know what's going on. Anybody in the same situation?

    Filed on June 1st. Still waiting for receipt.




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  • jackisback
    05-07 05:11 PM
    Has any one in the forum here have a FP notice for a 4 and half year child during the 485 process. I ask this question as my daughter did not get one.

    Feedback is greatly appreciated.

    Thanks.

    Yes, I got a FP notice for my daughter as she was born in India; and I had applied 485 for her as well.
    She was 4 and a half years in Nov 07 when we got the notice. I am a July-Aug 07 filer.
    Her FP notice came for a separate date though, diff from my wife's and mine.
    I wd suggest you to call USCIS/ur attorney and check.

    Hope that helps.



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  • Tito_ortiz
    05-24 01:09 AM
    I am sorry to tell you that if you are not a voter and you do not clarify that at the time you call or fax congressmen, your request is practically useless. Don't believe if others tell you otherwise.


    I made phone calls to all (10 + 2) successfully left messages for 8 but the following 4 had issues,

    Sen. Cornyn's and Sen. McConnell's office phone systems do not direct you to a voicemail system (I was calling after office hours so I couldnt speak to someone either), and,

    I get a 'voicemail machine full' message from the Reid and Martinez offices.

    Wonder if anyone else has faced the same problem.

    Will try those 4 again tomorrow

    V




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  • sanju
    03-07 11:31 AM
    Look man, I don't know who you are and what's your story. But I do know this. Giving a false impression to others and misleading others on this forum and on any other forum is not going to help. You seem to project that only you care for the issue of country-limits. I think the better description is, you only care for the removal of country limits till the day you get your green card. You do NOT want to remove country limits on EB beyond the date you receive the approval of your application. Giving a false impression to a few on this forum that temporarily removal of country limits will be easier than permanent removal of country limits is just WRONG.

    After IV admin posted for the media interview few days back, I sent them an email expressing my willingness to speak with the press. I spoke with Vivek Wadhwa at length last week about this issue. Vivek Wadhwa article in Washington Post covers the issue of country limits where as his previous articles have not covered this issue.

    http://www.washingtonpost.com/wp-dyn/content/article/2009/03/06/AR2009030601926.html

    "Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered".

    I also called a member of IV core yesterday evening and they told me that they have told you not to do whatever that you are doing. I was told that you are hurting their effort and you have been told this pretty clearly. But you continue with this senseless and direction less ranting and you continue to cause damage to the effort for the removal of country-limits.

    Its disgusting that rather than working with others to fix this complicated and difficult issue, you continue to beat your own drum, without actually doing anything, but at the same time hurting the issue you claim you care for. And on top of that you want to remove the country limits only until you get your green card. Is that rationale to you in any which way?????? No. Is your action selfish????? YES.


    .

    Good point, has anybody asked this to any lawyer ? Can we challenge this in court ? This is the definition of judiciary review...If we can proove the country cap to be unconstitutional..

    Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
    Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).



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  • purplehazea
    06-26 03:23 PM
    1) This forum is for skilled legal immigrants
    2) Any talk about illegal 'rights' and 'plight' is irrelevant to our discussion
    3) Getting defensive about illegals or being offensive to any ethnic community is a sharp deviation from our proposed objectives at IV
    4) If we do not have anything constructive to contribute while CIR dies, we should rather have constructive decisions about legal immigration bills or topics
    5) Lets stay united and fight it out even though the chips may be down right now.




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  • diptam
    06-26 02:33 PM
    "Until and after 1 year" - how does it save me - the word "until"

    please explain for me - Thanks Much ?


    Why don;t you sign unless it say until and after 1 year approval:, you can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose



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  • immi_grant
    12-10 06:31 PM
    Sorry to hear about your situation. My prayers are with you.




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  • girishvar
    08-10 09:59 PM
    I only got CPO on 8/8/8 and soft LUD on 8/9/8/


    My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
    Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?



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  • ajaykk
    08-26 10:34 AM
    On July 15th I have filed for renewal of EAD for both of us, today I got approval email where as my wife status says received and pending and NO LUD either. Infact she needs EAD as she is been working on EAD and it expires in October. I am on H1. Why like that? My PD will be current from September as per September bulletin.

    AJ




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  • rc0878
    08-27 02:31 PM
    Filed I485/EAD/AP on July 19th @ NSC. Checks not cashed yet...No receipt#




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  • smaram1
    08-21 04:19 AM
    Can you please let us know the long list of Do's and Dont's..That would provide a lot of info...

    Thanks




    ashshef
    09-10 08:25 PM
    I have been a passive reader on these forums for the most part.
    I would just like to express my appreciation for the work that IV does. I totally support the regular donation thing to gain access to one forum. If you don't want to donate, all you are losing is access to one forum. That forum is only for IV loyals who really believe in IV.
    All that's needed is $25 donation to gain access to it. Lobbying in this country needs a lot of money. If you want IV to work for you, then it's the least you could do.
    The regular donation thing also spurs some not-so-active guys like me to donate, when we might forget.
    As for EB3, and people stressing about concenterating on EB3(I), you can't separate out one legal immigration issue from the other....ultimately all these efforts pay off for all of us. The more you divide all these up, the lesser your number is gonna be and the less likely any lawmakers will help you.
    I understand how frustrating it is to wait for so long. I have been working in this country since mid-2000. I lost my H1 at 6 years and had to go on H4 and sit out from work for an year, when IV's push really helped me get my EAD during the July 2007 fiasco. And I am a VLSI Design Engineer who spent the first half of my stay in US as an employee in a big company(AMD), and still couldn't get anywhere with my GC.
    I have seen ample cases reported on the Sep approval thread where people on EB2 have been in this country for 10+ years.
    Most of us have faced issues with GC. And these issues might be different for all of us. But ultimately, we need to work with a common goal. Pointing fingers at each other in this scenario is the worst we could do to help ourselves, let alone help anyone else.
    For those who can put in the time/money to help out IV. Nothing like it. If not, let's atleast appreciate the work people are doing, and let's stick together.




    vij
    06-14 02:56 PM
    Mine was filed on 06/01. No receipt so far.
    Are you checks cashed?



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  • ronhira
    09-25 12:00 PM
    Dream ON ...! No Law is immutable buddy ;)

    & who'll change it....pu55ies like u?




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  • va_labor2002
    06-22 03:22 PM
    Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.

    Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.




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  • tonyHK12
    02-15 09:18 AM
    How about we ask our lawyers to contribute for this event?

    Good idea, I was informed some have helped in the past.




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  • chanduv23
    08-26 12:51 PM
    May be not true, my case assgined to officer on june 29th and no news yet. But I wish Ski_dude12 good luck.

    Did you try Ombudsman route? It may take a few more weeks, I guess it is worth a try.



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  • hindu_king
    05-08 05:36 PM
    Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.


    Subject: Discrimination of Indian Immigrants

    Dear President Obama,

    I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.

    One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.

    President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.

    Thank you President Obama and you are doing a wonderful job!

    Sincerely,
    Xxxxx xxxxx




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  • desi3933
    07-10 12:44 PM
    .....
    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.

    Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?


    Permanent means job that is for for a term of indefinite or unlimited duration.
    http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf



    .....
    H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?

    AC-21 is not just for changing GC employer.
    AC-21 is for
    1. H-1B portability - starting new H1-B immediately after filing opf new petition
    2. Extension of H-1B beyond 6 years - if labor is pending > 365 days or I-140 is approved/pending. Since each H-1B petition is linked to LCA and LCA is for temp job, each H1 petition is a new or extension of temp job.
    3. Changing of GC employer - Please note that you can change your GC employer even without changing job, just by getting job offer from new employer, as GC job is for job starting after I-485 approval.

    Do not confuse existing H-1B job with future GC job.

    H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says

    The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.

    On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)



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  • prom2
    08-01 08:15 PM
    FYI, people who sent applications on Jun 22th to NSC and their I-140 were approved at TSC, have not received receipts yet.

    NSC is around 10 days ahead TSC issuing receipts.

    I would say, July filers be patient.

    Good luck !




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  • 53885
    05-24 01:09 PM
    I guess I am the only one on this thread.

    I guess many are still focussed on evaluating MBS, discussing CIR draft.....
    instead of taking any action.


    Sent emails to 20 more, for a total of 50.


    I sent emails to 10 more senators.



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  • arihant
    05-02 11:40 AM
    The relief for EB3 comes because a lot of EB2's/EB1's will be gone from the quota. So, if the queue is smaller, you get it faster. The way I look at it, we want the queue to be smaller.

    mrajatish is right.

    Also, if you have an advanced degree from an acredited university outside US AND have been working for 3 years in a related field, you will also be exempt from the cap regardless of whether you are applying/have applied in EB2 or EB3 (believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree).




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  • abracadabra102
    12-17 12:01 PM
    "To be without some of the things you want is an indispensable part of happiness."
    - Bertrand Russel (Conquest of Happiness)

    Sounds counterintuitive but probably true.



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  • makemygc
    08-01 01:10 PM
    Wait till next week-end. My 140 mailed to NSC on 11th April (why?? not sure) and received RN from texas. ND was dated 19th April. RD was 13th April.

    Now # of applications are more so it can take more time but your RD will be maintained.

    Hope this helps...

    Thanks for the info...that helps. But the issue is they changed something last month (I need to search on that) and according to which 485 will be processed in two places NSC or TSC based on their I140 approval. As you know they keep changing the rule every month, it really hard to track all of these things.




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  • capriol
    09-13 02:32 PM
    Dear All:
    I am starting this thread ONLY for those who filed their 485's to the TSC from July 5th till July 31, 2007. If you have receipt notices for your filings in between these dates, please reply here. I am concerned with what's happening with our submissions at the TSC? Thanks.



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  • thurinalas
    08-28 02:20 PM
    Filed I485/EAD/AP on July 30th @ NSC.
    Check cashed :NO
    Receipts : NO

    can we add two polls within the date subcategories - one which tracks how many people received receipts, and another to check if they are NSC or TSC?

    Or are there other polls like this already for July 17 - Aug 17th I 485 Filers?




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  • ski_dude12
    08-25 05:00 PM
    Any idea how long it takes for a decision once it has been assigned to an officer?

    My wife's case was assigned to an officer on Aug 11th.



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  • number30
    07-10 12:40 AM
    In that case, I *guess* you can show yourself as "permanently self-employed" for your own company--should be easy if you have an LLC that does business in "same or similar" occupation (e.g., consulting/PM). Should also be easy to state the *projected" yearly income on EVL.

    Problem with that argument once you own more than 5% of the company you will have file as investor. If your wife owns the company then you will have file under relative category. There were denials based on this.




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  • TheOmbudsman
    10-26 11:40 AM
    Hi Pineapple,

    That is my favorite fruit !

    Very simple.

    1. We should focus our resources and lobbying efforts to tone down immigration bills on our behalf. Spending our money to go there and put one more soul to say to Sen. Specter "vote for this bill" does not cut it.

    2. We should use our lobbying resources and connections to contact decision makers from NumberUSA, FAIRUS.org and other major organizations and communicate our plans. We should clearly adopt a position against any bill which supports amnesty and offer a sensible, reasonable and fair quantitative increase in Employment Visa numbers. An example of reasonable proposals would be temporary increase of visa numbers, elimination of visa lottery and reallocation of visa numbes to EB, visa number recapture.

    Thanks for asking.

    The Ombdusman



    TheOmbudsman, what Exactly is the point you are trying to make? You have been moaning about pretty much everything under the sun, but I cannot see a coherent strategy being proposed as an alternative.



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  • arunmohan
    09-09 08:02 PM
    Totally agree with you dude, is IV doing anything about this issue?

    Dont bark at not donating, will donate if this issue is given serious consideration as well.

    IV:

    What are plans and strategy for EB3?




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  • SGP
    02-18 05:46 PM
    Just did a small bit by contributing $50. Receipt number for this payment is: 2601-6131-2153-7368. Just started up with a new company so cannot guarantee my presence, but will try my best to make it to DC.
    __________________
    If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved




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  • nousername
    01-29 08:39 PM
    You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.

    There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.

    BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.

    Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.

    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?




    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.




    khukubindu
    05-05 05:13 PM
    Hello,
    I don't know is it the right place to post this. What will be the EB-3 ROW in the coming June Visa Bulletin. I have asked my attorney and got the following response:

    Q: I am in the Rest of the world chargeability area. My category is EB-3. My priority date is July 27, 2006. Do you think that my priority date will be current in the coming June 2008 visa bulletin. The May 2008 bulletin's cutoff date in my category and chargebility is March 1, 2006.

    A: Unfortunately, we have no way of knowing if your priority date will be become current next month. Sometimes the priority dates stay the same for many months, or become unavailable completely like last summer. At times, the dates may jump many months or even years. We can not speculate when your date will become current, as it is truly unpredictable

    Is there any gurus who can give me an idea ?



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  • vbkris77
    07-19 10:49 PM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.

    Even though I am waiting under EB2, I support this initiative. However INA clearly tells CIS/DoS to follow their current approach. Otherwise, this would have been in our first question to administration. Read below the text from INA with emphasis added.

    Now I don't think it is fair. So I think we need to ask IV Core to analyze the proposal of adding the required text to CIR to make the process level playing for everyone. Recapture of visas coupled with removal of country limits would actually clear the current backlog. But to avoid future backlog I think it is only fair to make Spillover of the visas available beyond 28.6 % of visas available for any category be applied to the applicants with oldest priority date irrespective of the priority category.




    INA Sec 203

    (b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):

    (A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -

    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

    (iii) the alien's entry into the United States will substantially benefit prospectively the United States.

    (B) Outstanding professors and researchers. -An alien is described in this subparagraph if -

    (i) the alien is recognized internationally as outstanding in a specific academic area,

    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and

    (iii) the alien seeks to enter the United States-

    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or

    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

    (C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.


    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    (B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.



    (ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--

    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and



    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.


    USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)




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  • akred
    05-23 03:03 AM
    Ran it through spell check and fixed typos and grammar.


    --------------------------
    Akred, I have copied your corrected version you just posted here into the first main post and removing message from this post to avoid confusion. Thanks for understanding. - logiclife.
    --------------------------




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  • krustycat
    10-05 10:05 AM
    If you are still waiting then please add your name

    Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,

    July 3rd at 9:03 received by R.William
    --------------------------------------------------------
    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1

    July 5th
    ------------------------------------
    chalamcharla
    mbsac

    July 9, at 11.07 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    krustycat


    July 13, at 11.11 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    gcnm04

    July 16, 9:00 am at Nebraska signed by R Pitcher
    --------------------------------------
    viveckj99
    gcspace

    July 16, at 11.16 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    fetch_gc




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  • kshitijnt
    04-22 08:06 PM
    I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!


    After reading this post completely, here is my take. There are 2 things to view here:
    1) employer and employee conduct.
    2) non compete.

    employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

    employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

    Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

    Lastly, if you consult an attorney, any good attorney should tell you 2 things:
    1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
    2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

    I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

    1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

    2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

    3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.



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  • reddymjm
    06-12 07:18 PM
    I got my receipts by mail on monday and checks cashed last friday. But my wifes did not clear yet. any one in similar situation please post.




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  • anzerraja
    07-20 11:04 AM
    Sam,

    We are not sure how to divert the funds already donated to the core IV funds. So at this moment we are only adding up the pledges.

    For this reason, i am not updating your total. But we thank you for your contribution that you made yesterday



    anzerraja looks like i cannot save the XLS sheet
    an u please update it for me

    thanks a lot



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  • imconfused
    07-08 11:22 AM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.

    i agree.. thats being professional and ethical..




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  • lazycis
    10-11 03:16 PM
    What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.

    The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.

    I did use AC21. The law says (see 8 USC 1154(j)):

    "A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."

    So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).

    Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.



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  • mnkaushik
    07-08 09:30 AM
    Sub :Vignette Portal Developer - Java/Tibco - Fortune 100 Co

    07/07/2009


    Where: Washington D.C.
    Length: 1+ year
    Rate: $75-80/hour (all-inclusive and must be onsite)

    *MUST BE A U.S. CITIZEN!!*

    *HOT AND IMMEDIATE NEED!*

    Job Spec:

    Looking for a strong Vignette Portal Developer with extensive Java experience. Knowledge of Middleware with integrating others COTS applications.

    If you, or someone you may know (excellent referral bonus!!) is qualified and interested, please dont hesitate to contact me at yrozmaryn@itmmi.com

    Thanks again.

    Yair Rozmaryn
    Mitchell/Martin, Inc.
    307 West 38th Street, Suite 1305
    New York, NY 10018
    yrozmaryn@itmmi.com



    MMI Ranked Among Top 50 Growing Staffing Firms by Staffing Analysts 2006




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  • darslee
    07-07 12:32 AM
    The South African family is "staying tuned". July 14th is my daughter's birthday and we have a party planned (We live 3 hours drive away from San Jose) but any other day, you can count on us being there!



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  • pappu
    06-28 04:47 PM
    Hello LCtank,

    Thanks for the excellent suggestion. Do you know Dr. Woo or do you know someone who would know Dr. Woo? That would help a lot. Will initiate the contact with 80-20 initiative right away.

    If anybody has more of such suggestions/leads please send them across and help this effort.

    Thanks again,
    WaldenPond

    This is a good idea.
    http://www.80-20initiative.net/intouch.htm

    http://www.80-20initiative.net/BoDSC.html

    There is also one Rajen Anand as its director.
    Rajen Anand (Southern California)

    Currently serving as a Professor of Physiology at the California State University, Long Beach, Dr. Anand was head of the USDA Center for Nutrition Policy and Promotion in Washington DC, 1995-2001.

    Long involved in public policy issues and community affairs, Dr. Anand has served as an officer / Board member of: 80-20 Initiative, Asian and Pacific Americans in Higher Education (vice president); National Federation of Indian American Associations (president-elect); Indo-American Political Association (chair); Asian American and Pacific Islander Caucus (vice chair and chair) in California, and many others.

    Dr. Anand was appointed in 1994, and reappointed in 1997 and 2000, to serve on the 11-member National Committee on Foreign Medical Education and Accreditation.




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  • smaram1
    08-23 06:24 PM
    Thanks Transpass..I really appreciate it...



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  • ivar
    02-03 12:55 AM
    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!!

    Good Luck, India has great opportunities now. I got my green cards today so i will have to wait for another 5 to 6 years to return to india. Only reason i would return to india is to take care of my parents, India has so many issues (corruption,pollution,gundagiri,etc) but need to return one day (Target would be 2017) to take care of my parents, They come to US on vistor visa but thats not enough.

    All the best.




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  • Edison99
    08-23 03:01 PM
    Hi MeraNaamJoker,
    First of all congrats man!
    You experience gave so much hope on my green card process�

    Buddy,

    This is an ultimate test from above on our patience.

    I waited for a very long 10+ yrs for my process to complete. Will you beleive that during the first 3 yrs of my application all the categories were current. The very next month when my labor got approved it went to retrogression. Before I got greened 2 weeks back, the dates became current for 3 times. I missed all 3 times. Last one was becuase of idiot lawyer (her firm is one of the largest immigration law firms in the entire country) sat on it and did not provide a required paper work.

    After that the wait got extended for another 3 more yrs. finally got it on early part of this month. With the same process I was laid off once. Ported the process out. Then second company tried to ditch me the process. Ran away from their with the process. Got really lucky. From 3rd company I was forced to take a package and leave. Got lucky there too to port the case for a record 3rd time. Filed AC21 with the 4th company. Later filed I 140 again (i don't know why. The lawyer of the cmpany insisted). Got that once also approved.
    Spend almost 38,000.00 dollars in all these various processes. After all these waited for almost another 2 yrs again and finally it arrived.....

    So each story is different. Each has got its own colors. I have worst situations than mine. Just hang in there buddy. Your turn is round the corner. It is on its way.



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  • w_peace
    03-22 01:07 PM
    I understand and I have been there. I can tell you one thing, FIGHT them. Don't sit and wait, write, call, contact DHS, USCIS, your local Congress person, contact ACLU.org, some non profit organizations who have been helping immigrants like you and I.

    It depends what type of application you have one thing for sure, DON"T GIVE UP

    Take care














    Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:




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  • techskill
    11-21 12:48 PM
    Dear Mehul,

    I am shocked to hear the news.I cannot express myself.I will always pray for you and your family.
    If everybody prays together even GOD cannot resist.

    I agree with WeShallOvercome and logiclife.

    We worry about RP, EAD,AP etc. GC is not the end of the world. Is it worth worrying about the Plastic card.



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  • shakunbansal
    09-20 08:53 PM
    Anybody with case filed on aug9th with NSC recieved any notice??




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  • eb3_nepa
    05-02 11:33 AM
    Ragz thanks for removing the unnecessary quotes :)




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  • Macaca
    12-10 11:55 AM
    Jimi

    How can I have a foot note in my posts? Thanks.

    He Is Banned!!




    krustycat
    10-08 12:39 PM
    same here :(

    July 3rd at 9:03 received by R.William
    --------------------------------------------------------
    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1
    greener_pasture

    July 5th
    ------------------------------------
    chalamcharla
    mbsac

    July 9, at 11.07 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    krustycat


    July 13, at 11.11 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    gcnm04

    July 16, 9:00 am at Nebraska signed by R Pitcher
    --------------------------------------
    viveckj99
    gcspace

    July 16, at 11.16 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    fetch_gc




    GC1027
    11-21 11:18 AM
    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul

    Hi Mehul,

    I cannot tell you how sorry I am for your current situation. Please don't give up and consult other physicians. I personally know couple of people who were scared by the doctors about having a serious health condition but they totally recovered and are fine now. The doctors here just alert you about the worst that could happen to save themselves from being sued. So please don't lose hope and try other methods.

    I am sure USCIS will consider your situation and your wife will get her GC without any problems. You just have to go in the right route. Contacting an attorney would be the way to go.

    Our best wishes are with you!