Wednesday, June 22, 2011

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  • fullerene
    07-04 08:18 PM
    If we don't raise our concerns at the moment, how can we let lawmakers understand our situations and our requests? The goal of this forum is to speak out our voice. This is a very good chance to unify all of us to speak out loudly. We shall not to care too much about the outcome of the lawsuit. As far as I understand, none of us knows better on immigration laws and litigations than these lawyers. If they has decided to do something, we shall concentrate ourselves on supporting them instead of questioning them. Meanwhile we shall urge the lawmakers to pass SKILL or at least to make a more stable and predictable process to practice the immigration law.

    We shall let all the lawmakers who support the CIR understand how they can resolve problems practically for 12M without any legal documents in the USA if our problems on the process cannot be resolved. The basises for addressing 12M illegal immigrants are and only are to have an effective and efficient border control system AND an effective and efficient process to handle all the legal applicants.





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  • grinch
    02-27 07:21 PM
    Ah great!!! thanks bluesun!

    And I have a question, how do I make geometry become a light source in maya?! I know I've seen it before, but I can't find it now...





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  • optimystic
    03-17 03:36 PM
    What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.

    Bottom line, people moving away from EB3 to EB2 queue does provide relief to people remaining in the EB3 queue. Since now there's 'x' less number of people competing for the 7% visa numbers.

    Its a different matter that the spillover from ROW is going to benefit EB2 queue more than it does EB3. But that's a different point. And in fact, if EB2 starts moving faster because of this spill over, hopefully more Eb3 people jump ship to Eb2 queue . In that case the ROW spillover is indirectly going to help people who stay back in Eb3 queue.

    As for myself, I have Eb3 India PD of May 2001, which is very close to the front of the queue. So none of this queue jumping or spillover will affect my status much :) . On the other hand the USCIS' ability to sanely act in a FIFO order does ! But thats impervious to any external factors :)





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  • uma001
    10-01 09:58 AM
    I work at one of these companies & they applied for my GC.

    1. This company only applies only after you get certain level of ranking in your year-end appraisal - disclosed during hiring process
    2. You must complete x years of service.
    3. Right now, economy is down & they won't apply if they feel that Labor application is going to get rejected; as it hurts their reputation & process.

    I know one person in my company - whom company denied GC 'cos of Labor market but now they are starting the process of the person..(once law firm gave the green light)

    So just saying - these companies don't apply - is not right.

    Also, once everything is ok - you need to realize that sponsoring GC is approved by your manager as all the associated costs are allocated to his/her cost center; so company as such doesn't have issue with the cost.

    Dont trust these kind of companies. if you don't get good rating in appraisal , you will be laid off .



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  • hydboy77
    12-10 11:16 AM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

    You are correct. In fact, without some legislation or a bill for recapture getting passed, large movement in dates in not possible.





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  • grinch
    02-26 02:54 PM
    Hey guys!

    I'm finally back from the beautiful Italy, and I'm ready to start getting back into the battle!

    March 10th sounds pretty good, yet I just might need a couple days or so, depending on how my time goes.

    and soulty, your not going to participate?! Aw hoe come man! I was looking forward to your entry!

    I'm still working hard, almost done!



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  • rajuseattle
    07-15 07:14 PM
    Thakurji,

    Until yesterday you were suggesting your employer asked you to do something which you didnt agree and that forced you to quit him.

    today you are changing your version suggesting you are feeling sorry you quit him earlier...what had made this sudden transformation. Anyways thats personal thing between you and your ex-employer.

    Anyways we are all happy for the Happy end of this story...that your ex-employer is willing to accept you as employee once he gets you GC and he is going to answer RFE.

    I dont think you need any competant attorney now, your ex-employer's attorney should be able to answer the RFE.

    cheer up...!!!





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  • tapukakababa
    07-18 10:03 AM
    Contributions so far

    $100 + $100



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  • reddymjm
    10-21 08:59 AM
    Bump





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  • sam_hoosier
    12-05 04:52 PM
    There is clear guidance in that H1-B petitioner seeking extension does not have to be the same employer that had filed (and approved) the I-140. Once you have an approved 140, anyone can extend your H1 for 3 years

    Where can I find that documentation ?



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  • pappu
    07-23 03:06 PM
    Employment letter is a MUST. Without this letter, your application can be denied without even an RFE. Read the latest USCIS memo. Please tell your lawyer and HR.





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  • srkamath
    07-13 12:30 PM
    Where the visa numbers in Oct'08 will be will depend on how proactive IV is.

    Here is my take on the situation.

    DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.

    Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.

    Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.

    See my analysis:


    If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).

    If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.

    If they can approve ~ 150 k total EB cases per year @ ~12,500 / month, with EB3 used up for the remainder of this year, they can definitely process at least 25 k during Aug and Sep.



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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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  • ghost
    08-11 11:46 AM
    You put it out well from your side.
    BTW, are you really 2007 EB3 I? Do you have a guesstimate on when you would get GC?:rolleyes:

    Folks,

    In our legal immigrant community, we have the following Groups (G) of people:

    G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
    G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
    G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
    G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
    G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career


    While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.

    Current state of our Members (M):
    M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
    M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
    M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
    M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts


    Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.

    I can see three Options (O):

    O1) "Wait and Watch" option:
    This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state

    O2) "You are on your own" option:
    EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
    EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process

    O3) "We are in this together" option
    All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.

    Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3, what are you?



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  • rajarao
    10-21 12:29 PM
    I sent mine yesterday. Do we get an acknowledgement and a number after this?.





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  • file485
    12-22 07:34 PM
    thanks UN for the reply..

    what can I say..!! lost sleep for many days,but now there is nothing I can do and just hoping all will be positive...

    now with a labor filed in 2003,485 in 2007 and the PDs rolled back to 2000 god knows when our GC misery ends..The GC sponsoring employer will help with all the letters we need...if our dates become current in another 2 yrs..so 2009 - 2003 i.e 6yrs gap between the labor and GC adjuctication, will this raise an eyebrow of the IO officer...? the GC sponsoring employer is a 80 million $ construction company..

    also another question..I see conflicting opinions about letting USCIS know bout the change in job and using AC21...some say wait till RFE and some say send a letter upfront..what is the best option..? also if we use AC21 do we still need to show that we have intentions to join the original GC sponsored employer A or the latest GC sponsor becomes the AC21-ed company..


    jeez ..so stressed out of this GC mess..
    pls let us know..



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  • newbee7
    07-05 01:56 PM
    Total so far approx. $300.
    Monthly contrib: $20 for over 7 months.



    This purpose of this post in not to boast about my contribution. It is to motivate others who are on the sidelines.
    Please contibute to the best of your ability.





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  • unitednations
    12-22 02:42 PM
    I know many of my friends who were not paid in bench. All of them received green card without any problem. But only difference is they were in unpaid bench anywhere between 2 to 6 months. I do not know anyone who was in unpaid bench for 1 year or more. Most INS officiers are sympathic towards many violations. Recently one of my friend's wife forgot to renew H4 and she was Visa overstay for about 8 months. She applied change of status explainig the situation her H4 was extended with validity date from original expiry date.

    I do know a decent number of people who were on bench for a year or more.

    the problem is that people put in too much information when they file their cases. If you have small w2's or very little paystubs and you put it as part of your filing (either 140 or 485) then you are giving uscis a chance to examine them and raise a query because of it.

    usually uscis does want to examine whether a person maintained status. However; if the recent entry into usa was shortly before filing 485 then they very rarely bother asking for w2's. If it has come to their attention that you may have left the 140 employer (h1 transfer, sending in ac21 letter) or it has been a long time then they will ask for these things to assess your intention.

    Sometimes when people have very agregious cases/situations they are usually being protected in other ways such as 245k without knowing about it and their case gets approved.





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  • mirage
    02-04 10:50 AM
    For people who don't know, Country Cap goes by Country of Birth , not country of citizenship...So if you are born in India but now you are canadian Citizen, you will still be counted as Indian for EB based Green Card allocation, isn't this a blatent racist agenda. I have a letter from Congresswoman Zoe Logfren's office, which clearly says 'I will work on removing arbitrary country quota on employement based Green Cards', we just need to pursue her...





    Aah_GC
    04-25 10:33 AM
    Am just curious to know how many of you (approved ones) used AC21 portability and if there were any ramifications. Would be great to know what the experience was and can help the rest of us.





    alterego
    02-20 04:39 PM
    Thanks for sharing your insight.



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