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Wednesday, June 22, 2011

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  • justAnotherFile
    07-12 07:53 PM
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.

    quoting from july visa bulletin as someone had pasted before

    "Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants"

    the dos has itself stated that these overflow number have to be allocated strictly according to pd order in order to abide by the law. they are not going to publicly state this and one month later do quite the opposite.

    it must be truly a case of the uscis not providing sufficient number of approvable cases. now there could be some leeway there for uscis to help eb2-china by withholding some earlier pd indian applications saying they ar e not in approvable state. but i hope that is not the case.





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  • new2gc
    03-10 11:40 PM
    You and I understand that we are already employed. Please check the Number USA site and tell me what common american people thinks about this.

    yes, on CNN, Anericanworkforce.org are showing ad saying every year US govt is importing 1.5Million foreign workers.... I wonder where did they got that number.:confused:





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  • VivekAhuja
    07-14 05:57 PM
    Consult an attorney because if you applied for I-485 in July 2007 and quit employer in August, you might not be covered under AC21 since 6 months did not pass since adjucation request (I-485) was files with USCIS.





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  • ivuser
    01-30 02:25 PM
    Hi,
    I know a good desi firm. The firm takes just $2/hr for the operational expense. If you need more info please send a private message.

    Thanks



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  • ita
    01-30 10:03 PM
    How does one know what is the amount mentioned on H1 LCA? Do we have to ask the employer about it?

    Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?

    Will appreciate your response.

    Thank you.




    Example[/U]

    Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).

    Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.

    He entered on USA using AP in Oct 2008. He is using EAD to work.

    Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.

    If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • immigrationmatters30
    09-19 02:25 PM
    What if 485 was not filed but have an approved 140? Economy is taking big hits on the all the consulting firms even the big ones.I know this because I work for one and I was told budget spending on IT is going to be really tight moving forward for another couple of years espcially in financial sector.



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  • looivy
    06-11 10:36 PM
    Emaied IL senator and will snail mail as well. Same for my spouse.





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  • sujith1
    11-22 01:39 PM
    I see a lot of posts here which talks about no salary increase and no change in position. I assume this is due to the employer and not due to the immigration process started.

    If the employer is willing there is nothing that stops the employer from giving you salary increases or changing your position while you wait to get your GC.

    This is what I thought but the posts here sometimes lead me to believe that if you get a salary increase while waiting for your GC your process will be hampered.



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  • malaGCPahije
    12-10 03:57 PM
    Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.

    every 4'th person on this earth is a chinese. The obvious conclusion given the 2 facts (6'th person as Indian and 4'th as Chinese) is that every 4'th person on this earth is a chinese, every 6'th person an Indian and every 12'th person is an Indian Chinese :-).

    I know, bad joke...The only thing we can do is support IV, and I mean financially more so than anything else.





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  • nixstor
    07-03 12:26 PM
    I admit, it seems discriminatory to say you can't get your GC now because you're from this country or that country but these "high volume" countries have created the current back log through their sheer numbers and sometimes multiple applications, not the system. The system is fair to ALL and for some group to say that it isn't fair because all of that group isn't getting what they want is unjust to the rest of us. I knew I would be pounced upon when I submitted my original post and it only proves my point of personal agendas; sometimes I wonder what the "I" in "IV" really stands for? Don't be so arrogant as to believe that your higher education should give you more rights than others - that doesn't fly with me! I am frustrated with this forum because of this arrogance and I may not visit too much longer!

    I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!

    Sheer number of applications from the high volume countries has created the backlog?? Are you saying/wishing that these people should not have come in the first place to avoid the backlog?? My friend, backlogs did not happen completely because of the sheer number of applications and gaming. Backlogs happened primarily because of wasted visa numbers and issues surrounding it. If there was no visa number wastage the priority dates would have been around 2-3 years behind as opposed to 7 or 8 years. There are gamers in every system. If a system does not work for people as it is supposed to, gamers do so to get out of the system. Not that IV condones such things but it happens in any system, when the system is broken.

    The I in IV definitely does not stand for me only or for any one only. I along with V only makes sense. I by itself does not get IV any where.

    So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed?

    On one hand you are saying that there is a bias towards lower population countries now and you are ok with it, just because you happen to benefit from it. Is that what you mean?

    If retrogressed countries are asking for 75% of the numbers reserved to them rather than having one line for all, You have a good point in saying that the bias is shifting towards retrogressed countries. There is no such provision like that. The provision creates one line depending on when you entered the line. You enter the line ahead, you get it first.

    So keeping the limits intact is NOT a bias to you? You can't have it both ways. What do you think is a solution? The point system you referred to came with the same 10% limit on the retrogressed countries. What difference does it make to a retrogressed person with 96 out of 100 points, but still needs to wait for 4 years, while some one from Krakozhia walks away in 6 months with 60 points. B T W , you also said that higher education deserves more does not fly with you. I am not sure how you want points to be assigned, other than education and experience. Don't let the fear and protectionist thought take over the logical and rational thought.

    The "other side" of immigration is an entirely different topic. Their issues and our issues, their path to the end line and ours are entirely different. We can't simply compare apples and oranges and call people hypocrites. That said, I personally support it and feel that it will happen at some point depending on the majority in both houses and one party will suffer for the decisions it made. As a by stander, I sympathize with the situation the "other side" has been in. I have a full plate to work on.



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  • gc_rip
    09-09 12:36 PM
    I get this question every day, what are the hopes for EB3-I, or rather are there any hopes for EB3-I? Are we fighting a lost battle?

    What do people here really think?

    1. There are X % chance that there would be some immigration bill that would help us and we will have GC in next couple of years?

    2. Keep going on with life as is, till the time we can renew EAD every 2 years, and AP every year.

    3. Wait for another X years, and then go back.

    4. Hopefully my son/daughter will be 21 by 2020, and will sponsor my GC.
    --- Hoping family based GC would still be allowed by then

    5. Don't know, confused?





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  • vivekm1309
    07-28 12:53 PM
    Guys, IV is an immigration related forum, if your religious sentiments are hurt by a picture on beer bottle, please take it to the pertinent forum. ( why create a ruckus here ?)

    I am sure that VHP, RSS or whatever orgs are having their forums to hear these kind of greivances.

    Why do we need to divert the attention of this forum to any issues it is not supposed to look at ?

    I am scared of Red dots but this fear doesnot stop me form requesting sanity in the discussions.



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  • EB2IndianGC
    09-23 01:57 PM
    Thanks Abd. That was really quick. Our mail was received on Tuesday morning, and I have not seen any change as review yet. I will keep my fingers crossed for some quick action.





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  • sathyaraj
    03-07 12:16 PM
    I have sent the required employment letter to my HR. Let me see whrther they will sign it or not. I am hoping for the best. I have waited long to change my employer. It have been with them for almost 7 yrs. I am hoping for a big change.

    The funny thing is that they are doing my H1B transfer, but still worried about this letter. The HR contact I have does not have much idea about these H1b/Gc process. He gets scared for everything.

    Hopefully everything would work out well.



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  • Administrator2
    06-10 09:20 PM
    PLEASE PLEASE PLEASE SEND THE MESSAGE. WE WILL ALSO START WITH THE PHONE CAMPAIGN IN THE MORNING.

    Reason being, the other side is writing letters to other Senators to seek their support. They want to see this amendment pass. Here is the letter.

    ************************************************** ***************

    COMPANIES LAYING-OFF THOUSANDS OF AMERICAN WORKERS DON’T NEED GUEST WORKERS

    Please Support the Sanders-Grassley Employ America Amendment to the Tax Extenders bill


    Dear Colleague:

    Since the recession started in December of 2007, nearly 8 million Americans have lost their jobs and the unemployment rate has nearly doubled. In total, 15 million Americans are officially unemployed, another 8.8 million Americans are working part-time only because they cannot find a full-time job, and more than one million workers have given up looking for work altogether.

    With the unemployment rate still unacceptably high and millions of people looking for a job, we have a responsibility to ensure that companies do not use temporary visa programs to replace American workers with cheaper labor from overseas.

    Therefore, during the consideration of the American Jobs and Closing Tax Loopholes Act, we will be offering an amendment that would prohibit companies which have announced mass lay-offs over the past year from hiring guest workers, unless they can prove that their overall employment will not be reduced as a result of these lay-offs.

    At a time when millions of Americans are out of work, the notion that we need to import labor from abroad because there are not enough qualified, willing or able American workers in this country rings hollow.

    Recently, some of the very companies that have hired tens of thousands of guest-workers from overseas have announced large scale lay-offs of American workers. The high-tech industry, a major employer of H-1B guest workers, has announced over 330,000 job cuts since 2008. The construction industry, a major employer of H-2B guest-workers, has laid-off 1.9 million workers since December of 2007.

    The American Recovery and Reinvestment Plan, signed into law last February, included a provision to prevent companies receiving assistance through the Troubled Asset Relief Program from replacing laid-off American workers with guest-workers from overseas.

    The Employ America Act expands upon this provision to prevent any company engaged in a mass lay-off of American workers from importing cheaper labor from abroad through temporary guest-worker programs. Those companies that are truly facing labor shortages would not be impacted by this legislation and could continue to obtain employer-sponsored visas. Only companies that are laying-off a large number of Americans would be barred from importing foreign workers through guest worker programs.

    If you would like to co-sponsor this amendment, please have your staff contact Warren Gunnels in Sen. Sanders’ office at 8-6358 or Kathy Nuebel Kovarik in Sen. Grassley's office at 4-3744.

    Sincerely,


    ____________________ ____________________

    BERNARD SANDERS CHARLES E. GRASSLEY

    UNITED STATES SENATOR UNITED STATES SENATOR

    ************************************************** ***************





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  • andy garcia
    09-10 01:58 PM
    This holds true for even your spouse not being eligible for in-state tuition. WHY???? Because you are a legal dependent(spouse/children) immigrant?
    But the children/spouses of the illegal aliens are eligible for the same!!!!!

    Guys, you have to move to Florida. When my wife and son were on H4 they were paying in-state tuition.

    this is copied from the catalog of the school:

    The following categories will be considered as Florida residents for tuition purposes:


    Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
    Full-time instructional and administrative personnel employed by a public educational institution and their dependents
    Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
    In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
    Others as permitted by state statute or rule



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  • starving_dog
    07-24 09:44 AM
    This thread started just over an hour ago. The IV Core Team have full time jobs, families and competing interests. One of them will surely see the thread and comment in due time.





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  • InTheMoment
    07-13 10:56 PM
    Wow.. you think people on the 485 production line are the ones who also do EAD's or get pulled out to do EAD work, nice simple thinking ! :p

    The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.

    I-485 CAO's are usually the most experienced adjudicators.





    EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year ’08 ends.
    USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year’s visa numbers.
    If this happens even EB3 India will be potential losers also.





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  • hpandey
    04-09 05:41 PM
    On the same note, Kumarc123, it is hard to see them working with 2001 EB3-India category for more than 5 years. 245(i) or not...still 5 years...how about that.

    Anyway, my point is let us leave predictions. USCIS gave their predictions way back in their Jan 2010 bulletin. Maybe we all should stick with what dates they gave us than we trying to predict.

    Now another venting, more calculations, more uproar everything will continue for 1 more week from our members...:rolleyes:

    I completely agree with you . For five years EB3 is stuck in 2001 that means people who came here 10 years back are still waiting. Something needs to be done by someone somewhere but I guess no one has any idea who can ( except the congress ) .

    All of my friends about 10-15 of them who came with me in 2000-2001 timeframe got their GC's and their citizenships in EB3 ( none in EB2 ) and I am still hanging .

    I wonder what was that which made their application go by light speed and my application go into a blackhole :)





    mnq1979
    08-21 09:46 AM
    Well consult a attorney and discuss with him. Your case looks complicated to me, i would suggest you to get a good attorney to sort this mess.





    GCard_Dream
    12-13 10:06 AM
    I am all for making contribution as well as sending faxes or personal letters. Count me in.

    No responses yet ...Oh come on guys ...YOU want to pay $10 now or want to wait for 10 years to get your GREEN CARD ???



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