Sunday, June 19, 2011

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  • Jaime
    09-10 09:40 PM
    This is the reply I got from a student at my grad alma mater

    Dear XXYY

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

    Regards

    ZZZZ

    Yes, I psted on another thread that I volunteered at my Alma Mater and did practice interviews with international students (2 from China and 2 from India) and none of them want to stay in the U.S. long-term (they just want the education and a couple of years of experience so that they can go back home and make it big) Just a few years ago when I was in school they all wanted to stay here permanently. HUGE CHANGE, thanks to a bad immigration system.





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  • angelfire76
    02-13 05:03 PM
    This is a real life example that happened a week ago. I was at the gym talking to a guy and he was asking where I was working. I told him and I got a look that suggested it was a crime for me to have a job.....No words exchanged but just the look of it...I could feel it..

    Same sense of entitlement to everything landed the US in the soup they are in right now?
    There are some very hard-working and bright people and I'm not generalizing here, but they need to understand the the foreign worker (who's probably being paid less than you to do the same job) is not the enemy. The unsustainable lifestyle is.





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  • mbawa2574
    02-15 04:31 PM
    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'

    :mad:





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  • ras
    07-12 11:38 AM
    am still unclear. Does it mean those who have PD prior to Jun 06 will get their GC? I cant believe it.

    At the personal end, I have my GC filed with Dec 06 PD. However, I have a previous I140 approved with Sept 05. I was thinking about porting the priority date. If I port it now will I get my GC based on the previous priority date?

    Ofcourse I dont intend to port it at this point of time because am planning to get married in another 3-4months. so can you guys let me know what would be the best approach. Is it porting the previous priority date now or wait till getting married and then port it? In such case will the spouse be eligible to file for 485 when it is current. am confused.



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  • masouds
    02-15 04:52 PM
    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps.
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'

    :mad:
    Well, US government thinks otherwise about my (or USCIS') logic. If you think it is unfair, you can sue them. I won't stop you.





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  • BharatPremi
    03-17 01:33 PM
    1) Labor Substitution
    2) Long EB3 queue and thus switching to EB2
    3) Not geeting PBEC/DBEC labor approval for avg 4 to 6 years
    4) I-140 approval queue
    5) Name Check queue
    6) Bogus multiple filings filing (To take a chance people pursue multiple
    filings. This generally is done through desi
    companies. In general one valid filing and other
    is worked out for rainy days)
    7) Vaild multiple filings ( Example: Husband and wife both on H1. One file with
    husband as principal applicant and other is with Wife
    a principal applicant)
    8) You have current PD but your RD is not current. And when your RD becomes current PD does not remain current

    All have played their parts for keeping us at where we are right now. But if you want to curse you may curse only to the lot in no:1 (Curse target: applicants) and 2 to 5 & 8 (Curse target: USCIS)... Otherwise all other
    streams flourished out of frustration or manipulataive calculation to have security net.



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  • sureshj
    06-08 02:18 PM
    To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:

    1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.

    2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.

    3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.


    I could'nt agree with gcdreamer more...

    Consider this...
    1. FBI, I believe, has 2 rookie analysts dedicated to processing name checks and I heard USCIS pays $25 per name check.
    2. FBI has distributed databases in NY, CA, FL, etc. that are not networked. So they have to request name checks individually out of these databases.
    3. Name check ranks least in their priority list.
    4. FBI has increased their name check criteria from 2 (First name and Last Name) to, I think it is, 7 or 8 (part of the first name, part of the last name and few other combinations). This increases the chances of your name generating "hits" and falling into this blackhole.
    In addition to the above FBI (which normally receives ~1.5m name check requests per year) received ~6m in 2003. They are still recovering from that deluge. So now you see what's causing the delay.

    For USCIS this works out fine, since they rake in 15% of their annual revenue from EAD/AP renewals. They do not want to mess with this "free money" and reduce the processing time. And to top it all they can transfer the blame on FBI.

    In addition, to secure this "money train" USCIS cleverly issued a public memo earlier this year indicating WOM cases will be fought in court. To most this would have seemed like the end of WOM, but it is not. Applicants have since filed and won these cases. However the memo probably had its' desired effect...to discourage a majority of the applicants from filing WOM.

    I think USCIS has to be made accountable for the money they earn. The $25/name check is just not sufficient. More funding is necessary so that FBI can allocate more analysts to the job and also upgrade their IT infrastructure. Excuses such as "ball is in FBI's court" is just not acceptable. "Conditional Green card" (as suggested by gcdreamer) is excellant idea to alleviate the problems the "name check" victims face over the ~2 to 4 years they spend in this blackhole.

    PS: Just in case you are not aware of Senator Obama's initiative to address this problem here is a link where you can sign-up for whatever it is worth.
    http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1





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  • nitinboston
    04-10 01:02 AM
    i have been on this forum for some time now, something i still am trying to understand is, IS GC A RIGHT OR A PRIVILEGE? if its a right i am all for fighting for it but if its a privilege bestowed by this nation on immigrants why don't we just kneel and pray instead of crying foul.



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  • paskal
    07-03 09:13 PM
    If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc

    USCIS does not read our forums and will not take action from a forum post.

    If you see something wrong, and you feel strongly about it, Do not let it happen.

    In hindsight I think we should have done it for labor substitution too.


    nixstor, you right of course. i was not comparing it to labor sub, just pointing out that there are a myriad of loopholes. the EB1C is hardly meant for employees already here- sending them out and bringing them back is legal- yet its very much a loophole being exploited. in many cases - again just my anecdotal observation, the position is not just a fake manager- yet the position is not the real "concept" of a multinational manager either. i have seen attorneys in big corporate firms getting EB1c by this method.

    i do believe though that over time USCIS has become aware of this activity. A little skimming of EB1c posts on reveals a great deal of new scrutiny for the EB1c 1-140 petitions. The same is true when an entirely new employee is being brought in. they are asking a lot of questions on company structures, hierarchy and individual roles and responsibilities....





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  • ns007
    12-28 08:36 AM
    How do you get time to post all day long on IV.org?

    I would love to have your job. Making 140K for browsing and posting on IV.org !!!

    Kidding !!!

    I am on page with you. I did it 3 weeks back. Now I am starting the whole labor at the new company , making almost 140K (60% more) with a fortune 20 company . Good position and happier......

    I did the same and didn't hung up myself on GC .... life is more than GC let us live our life.



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  • speddi
    07-18 10:01 AM
    my application reached texas center on july 2nd at 10.23am .. I called USCIS today and the rep said they didnt enter the information into the system..he said it might take upto 30 days to start giving receipt notices because of the load of applications





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  • kutra
    03-03 06:36 PM
    Folks,
    Please help me in refining the message: I plan to send to some major media.
    *****************************
    Dear Sir/Madam,

    We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
    Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
    � Average age: 30-35 years
    � Average years of stay in the USA (all legally): 7 years
    � Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
    � Average Salary: $75K+
    � Average net worth: 100K-400K (mostly liquid)
    � Average occupations: Information technology, Doctors and Financial Analysts
    � Average education level: At least undergraduate
    � Average credit history: Excellent

    As mentioned earlier, we are in the final stage of our green card process and there are very few rejections (<1%) at this stage. It means that we would eventually get our green cards but it may take several years. Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.

    Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.

    We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated.

    We conducted a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/showthread.php?t=17660

    Yours truly,
    XYZ

    Might not be extrapolation, but gross misrepresentation. Have you taken a poll or do you have any data to justify all the numbers you are including in the e-mail? If yes, then include the links for that in the letter, otherwise no one is going to believe you.

    Why, I can say, I have 10 billion dollars which I will donate to USCIS to improve their system if I get a GC right now.



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  • ItsLife
    06-10 09:34 PM
    Incorrect. You have to submit proof of employment. Basically a letter from employer. If you are unemployed that that will raise a red flag and you cannot renew your EAD anyways. So current and future employment letter is a must for getting EAD. Sometimes they even ask you for salary slips if they suspect your employment. In this proposed amendment the employer also has an obligation to record layoffs and inform government. That makes it very tough for EAD guys to renew their EADs. Even if you are not working for the same company that filed your EAD, USCIS record can show there were layoffs and your applications will be in trouble. Expect lot of RFE and denials. Remember AC21 denials last year?

    -----
    Once you get your EAD and move on you dont have to worry about this stupid memo. Anyone who is trying to fool you is scaring you including this stupid eastIndia. Dont spread false rumours.





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  • imneedy
    10-15 07:53 PM
    printed mine .. will post tomorrow!
    10/16 - Posted



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  • snathan
    08-21 01:50 PM
    I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
    Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
    If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
    My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
    Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.

    I dont think your issuse can be fixed even by attorney. You are not coming under any category to file Green Card. So prepare for yourself to go back and build your life back in canada.





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  • rvr_jcop
    02-12 03:55 PM
    Nice read...I own a home too. If I have a GC now, I am in a position to pay off considerable amount on my mortgage. I know its a drop in the ocean but I am sure there are lot of people like me.



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  • varshadas
    03-07 12:45 PM
    Ajay and Shekhar. Did you guys have any luck with the Congressmen?





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  • Jaime
    09-10 03:53 PM
    By the way, here's a funny (and sad but true) anecdote. I had already been on H1-B status with my current employer for over a year when I engaged HR to start my green card/adjustment of status process. The answer I got from the HR person was "Oh, sorry, but we don't sponsor"...I was frozen! Did not know whether to laugh or cry out loud! "But dear, you already have sponsored me!" I told the poor lady.....

    Funny? Pathetic? WE NEED TO FIX THIS! AND THIS STARTS AT OUR RALLY IN WASHINGTON! LET'S ALL GO!!!!!





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  • pappu
    07-03 04:38 PM
    There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.

    If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc

    USCIS does not read our forums and will not take action from a forum post.

    If you see something wrong, and you feel strongly about it, Do not let it happen.

    In hindsight I think we should have done it for labor substitution too.





    sodh
    07-23 04:32 PM
    Thanks much for your time! We already applied without it.
    Lets see... I don;t have much in my hands other than waiting....
    Wish you Good Luck.





    kicca
    09-28 02:21 PM
    just found this interesting link about doing business in the world

    http://www.doingbusiness.org/economyrankings/

    it's on worldbank.org



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