Monday, July 4, 2011

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  • manishs7
    09-24 04:54 PM
    Consider the scenario:
    Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.

    A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
    B joins a job on 2005 that do not need MS and experience and files for EB3.

    Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.

    Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.

    SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?

    If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.

    Therefore EB2s who are from mid 2006 onwards will really get pushed back..

    I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.

    I hace passed this stage.. now its for you all to decide..

    Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
    You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.

    Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
    It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..

    If it doesn't suit me it's injustice.




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  • anzerraja
    07-19 08:36 PM
    Thank you !!!


    Pledging 200$ for this cause. The moderator of this thread let us know how and when should we send this amount.




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  • desi3933
    07-08 04:43 PM
    The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US.

    Wow! Amazing!

    Please ask your attorney to quote this law when you file for H-1B extension, so that USCIS can not reject extension.

    This law applies to US resident only. Temp worker (yes, on H1/L1 status, one is Temp Worker from legal point of view) can not claim protection citing this law. Reason: your employment is subject to USCIS regulations. It says right there on your SSN.

    .




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  • Ramba
    07-09 02:57 PM
    Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.

    BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.


    __________________
    Not a legal advice.

    In this enforcement climate, self-employment is risky too. The memo is not a binding rule. Having said that, even if any one chose to self employment, they must have very proper documents including long-term contract agreement with few clients, that explanis the service you provide shold be in-line with orginal I-140 job duties. In current H1B denial rate becuse of client letters RFE, the self employed AC21 cases shold be more prepared, in case of RFE.



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  • GCBy3000
    04-06 02:56 PM
    Well said eager_immi. Getting GC and getting job and earning is not the only thing in life. I have seen many many couple who are gc holders and citizens, giving up their career to bring up the kids for the first few years. This segment includes US citizens ( US Origin) too. Most the of the americans here have their spouse at home to take care of their kids first few years. It is not worth anybody's time and money to have a kid and put them in daycare from day one and go out and earn and pay half of it to daycare and the remaining half you are left with is not even come close to the amout of time you spent away with the new born who needs your warmth and does not have words to express. So the time spent with your new born for the first few years is priceless compared to the dollar you dream to earn at the cost of having child.

    Enough of above, even my wife is CPA and we are married for 5 years now. She came to US dreaming about working in professional CPA firm. But my ignorance about GC process then cost her her career. She was depressed initially. I am an easy go guy and convinced her not to worry much about job. We planned and now we have 3+ year girl and a 3 weeks+ boy. Her mind is all set towards taking care of our kids and I am free from those job hunting depressions. Once both of our kids reaches 5+, she may again start to think about career. May be by then, by Gods grace, I hope to have my GC. I bought a house this year and we all live happily knowing all the uncertanites of H1. We knew it is risk to buy a house. But ultimately what is going to happen. Is anyone going to behead you in case you default or loose job? What the heck, file bankruptcy and go back to home country. At least the days we live here, we live in peace and enjoy. If you have this mindset, you will think clearly and will take positive decisions. Otherwise, everyday is hell in US for immigrants with the current GC process.

    Getting GC and earning is not everything. It is only very very small part of life. Forget about it and live today's life with what you have. Worry about things which you can control. All other things will follow you automatically. Having kids is in your hand and you have to have this sooner or later. Always, sooner the better and you can use this retrogression as an opportunity to execute those projects instead of worrying over it. GOOD LUCK.

    Listen, everyone is frustrated but to take your lives for a GC is crazy. If you guys are so depressed please seek medical help. If you have kids they will be US citizens they can sponsor you 18 years later so why are you that frustrated. When your wife is on H4 that is the best time to have kids because she is at home and you don't have to pay daycare. It is the woman in H1B that my sympathies are with bc they cannot go part-time or get more that 6 week maternity leave. So please buckle up or seek help, I don’t think your logic makes sense.




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  • akhilmahajan
    02-09 09:24 PM
    Thanks a lot pcs and nousername.

    Grand Total - $699

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.


    $30 from my side.. Could not set up Paypal a/c without banking details so will do it tonight for sure..

    Keep going guys.



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  • gcspace
    10-12 03:27 PM
    My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.

    Please don't miss this chance:
    Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless. Not for today nor for future.

    USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D

    Can you please give some details on sending delivery notices to CIS Ombudsman office. Address ? Fax ?




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  • vbkris77
    05-01 12:56 PM
    INA doesn't talk about visa allocation for spouse and children in employment pref. So we need to atleast challenge CIS interpretation on this.



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  • Sachin_Stock
    09-24 05:36 PM
    cat got your tongue ?

    Its an absurd analogy. If I stress it too much and try to derive some sense out of it, my bar on GMAT prep would actually go down south!




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  • xyz_123
    08-29 03:21 PM
    My attorney received the receipt notice for I-485 application today.

    Application was received by NSC on July 23rd.

    PD - Jan 2004



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  • mmanurker
    02-09 02:03 PM
    Here is my $100 contribution
    Dt: 02/09/09
    Receipt ID: 5524-9117-6391-1389.




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  • GCapplicant
    07-27 10:09 PM
    Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.

    Hi Dpp

    kindly dont use hell ! jealous , these type of words are not required for any argument.
    If you want EB2 I to get the visas and move forward...it will.

    I understand u r EB2 ....EB3 I is frustrated...like how you want ur GC its the same line EB3 I is also.

    The guys from EB3I have been waiting all these years.

    Its the DOL's mistake for the delay of labor approvals ,hence the visa wastage.Otherwise this backlog for EB3 I woudnt have been there in the first place.

    The two years standard gap would have been maintained there for EB3 I and EB2 I as usual.

    When there is no movement ,this will be the reaction for the EB3 I people.

    When you are eager for yr Gc ,the same rule applies for everone.

    There is a big block EB3 row in between -so dont say all the visas were taken by Eb3 I only.

    Did you know the visa flow earlier?

    I never knew.People learn by experience.

    These frustrations are not jealousy...Eb3 I is suffering and waiting for a solution.

    kindly dont under estimate anyone's feelings.Every family here is undergoing pressures and agony.

    I participated in the mail campaign... We are fighting for the lost justice.

    Let us team as one and work best.Ever one deserves their own share.


    I am not here for any argument.



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  • Zeb
    07-26 09:08 AM
    but if we take rental, dont they ask why u brought rental?


    Some people have entered on rental car with out any problem. Beside they dont care if you will be staying in canada or coming back to USA.




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  • rameshvaid
    11-19 01:52 PM
    Seems like they have or are going to block all mass e-mails in future..

    Pappu: I did leave messages for Immigration Aide @ Senator Brown and Senator Voinovich office and have not heard back from them.. Will update once hear back from them.. Seems they all are already in holiday mode..

    Thank you for contacting my office. I genuinely appreciate your e-mail and thank you for sharing your thoughts with me. As with all communications with my office, your views have been recorded.

    Every day, I hear from the people of Ohio through their phone calls, letters and faxes to my office. As you can imagine, I also receive a significant number of e-mails daily. Mass-generated e-mails sent by a third-party group, which are usually form text, have hindered my ability to respond to the e-mails, phone calls, letters and faxes that I receive. Due to the increasing number of mass-generated e-mails received by my office, effective March 16, 2007, my office will be implementing changes to the constituent correspondence process.

    Consequently, I have established a new system on my website to better serve Ohio constituents. If you would like a written response to your e-mail, please go to .: United States Senator George Voinovich :: Home :. (http://voinovich.senate.gov) and click on the CONTACT tab to fill out the web CONTACT FORM. By filling out this form, you will receive a written response from my office.

    Thank you for your patience. Should you experience any problems with my web CONTACT FORM, please call my office at 202-224-3353 and my staff will be happy to guide you through the electronic correspondence process.


    Sincerely,


    George V. Voinovich
    United States Senator



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  • amitjoey
    07-09 07:37 PM
    We need to keep the message short. But concise. Media will create all the corresponding articles, and messages. We just need to bring it to their attention, they will figure out after research, that it was "munnabhai". Frankly, the message is important, not the messenger or the vehicle that the messenger drove.




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  • Sachin_Stock
    09-23 02:15 PM
    "EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.


    EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

    EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

    Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

    P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

    If portings from Eb3 to Eb2 are legit, and you still consider that to be fraud, then everybody's Eb-2 applications (resulting from with or without porting) are potential frauds.

    Thats a ridiculous assumption!



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  • waitingGC
    12-13 11:47 AM
    what would you say if there was a bill that provided for H-1bs:
    1) visa for three years
    2) minimum of median wage to be paid
    3) free change of employers during the three years
    4) must only leave country if unemployed for more than 60 days
    5) at the end of 3 years, if not unemployed for more than 60 days, automatic green card

    Would you prefer it over skil bill, which essentially only provides more visa and H-1b numbers?
    If you would, read this proposal on the numbersusa site:
    http://heather.cs.ucdavis.edu/Summary.pdf

    If it looks like neither skil nor CIR are getting anywhere maybe its time to try and get this introduced in congress, originally propsed by our "friends" from the other side
    maybe we can introduce this as a bill instead of skil

    With this bill, I believe many people here can be granted green card automatically. I myself would support this bill! But I doubt whethter the business lobbiests who want to increase H-1B quota would support it.




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  • midguy
    03-26 12:08 PM
    Hi All,

    just want estimate and plan ....my PD is 16-June-2003 EB3 India. When can my date will current.

    Thank you.




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  • PBECVictim
    08-13 03:27 PM
    Your case is like me, except I am porting Priority date from my previous approved I-140 Eb3 case. Your new I-140 transferred to Texas Service centre because your employer comes under Texas Service centre. Your residency location also comes under Texas service centre. So you will receive I-485, I-765 and I-131 with SRC numbers. But it may take longer time.

    Good thing is Texas Service center is processing I-140 applications in May 2007. Max they are taking 5 months. People are discussing about LUD, it doesn't matter. It seems Texas service centre doing some regular maintenance. If you register your old approved H1s, their LUDs also changing.

    Texas Service Centre data entry dates:
    I-140 - 07/31/2007
    I-485 -- 06/28/2007

    I-140 Direct filing locations

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    I-485 Direct filing locations
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    I am in NJ and my employer too, and yes 140-485-765 concurrently..and I just checked the 140 file and it was updated 8-12-07...Do you guys think this is related to notices of action??? :confused:




    ItIsNotFunny
    05-01 03:34 PM
    Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.

    Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.

    However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.

    Chan is right. If interpretation will start the way you are proposing, it will be sheer disaster for people who didn't file I-485 yet.




    coopheal
    03-26 03:14 PM
    This is what I don't understand. Priority dates are set so only applications before that date can be approved. Processing dates are not set in that sense of the term.

    Processing dates doesn�t mean they don�t process applications received after those dates.
    I got my H1B renewal notice last week. My application�s received date is in 3rd week of Jan and Processing date for H1B extension is still in December-07.



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