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  • pd_recapturing
    06-28 01:49 PM
    You should get your EAD within 3 months of your application provided your I485 is already applied or applied along with EAD; EAD is independent of your I-140 approval.
    This is wrong. EAD can be issued when both of the following conditions MUST meet:

    I140 has been approved
    I485 application is 180 days old





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  • deepakmathew
    09-08 06:01 AM
    voted





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  • vagish
    04-29 08:55 AM
    the problem currently is that the system is full of lies. when you came here did you know that only 10,000 indians, by LAW, are allowed to get employment GCs per year? No. They gave you all that green grass story about how your math skills are needed here. how they don't like to study math here (and why not? all the books I studied math from were by American profs. ).

    They don't want to study math because it doesn't pay. Lawyers, doctors and MBAs (bullshitters) make money here. someone has to do the work. that's where the illegal mexican and WE come in.

    Let them make whatever rules they want. If the rules are bad people will stop coming here. But BEFORE a company makes an offer for an H1 employee, it should provide all the fineprint. How long the queues are, how many people get added per year, the expected time for GC processing, the fact that changing employers is almost impossible.

    You know what they used to tell the africans on the ships when they were brought as slaves? "american dream, liberty and all that BS".

    http://www.pbs.org/wgbh/aia/part1/1i3001.html

    "If I'm an African brought to Virginia, brutally mistreated, there's no way that that negative feedback can return home to alert my relatives of the problem. And that lack of communication means that the exploitation can continue."
    I do not think they told us the lies, I think we raised our expecations too much, we did not do our homework. its one of those advertisement gimmicks,
    where they say everthying is free and at the bottom of the page there are all kinds of restrictions written in small fonts.

    thanks





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  • kshitijnt
    05-06 09:16 PM
    Very well said..I have many desi ppl at my work place who gag about H1b slavery blah-blah..Not giving GC early..

    People need to understand. (Offcourse its frustrating to wait for..but no one forced us to stay here..or come here)

    What about the false promises and carrots and propaganda of liberty, equal opportunity and land of opportunities? Of course they wont say its land of indentured servitude. Its our fault that we didn't figure this out, isn't it?



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  • deardar
    07-06 11:00 AM
    Since attorney's office is filing my papers, will they buy the point of filing it IS SPITE OF, the USCIS issueing the statement Monday(JULY 2) morning ?





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  • waitingnwaiting
    05-31 09:04 AM
    Anything for EB relief ? I dont see a content in the bill language.

    It recaptures 20 thousand visa numbers



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  • houston2005
    01-14 01:23 PM
    This bill has nothing related to EB applicants.
    Also looks like Sec. 501 Earned Access to Legalization may apply only to illegals.

    The more it is closer to amensty, it will not go forward.





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  • crystal
    08-15 11:38 AM
    It would give some idea I think

    http://www.usvisahelp.com/art_intent.html

    In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment



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  • centaur
    04-13 04:07 PM
    well said my friend

    often times, i see that there are people who say India is getting better than US. Wages are going up. H1b is tiring. H4 dependents are not able to work.

    but not once is the person posting the message declaring that he is leaving to India. He/She thinks that more "people from india will not come" . It is the person's ulterior motive that people from india should not come to US.

    once i am in, let the doors close behind me.

    Our attitude is playing one against another. We just need unity among ourselves.

    EB1 against EB2. EB2 against EB3. EB3 against Family based etc. But fact of the matter is that our own brother/sister might belong to the same category. What if our parents fall sick. Would we want them to come to america or should we move back to India.

    let us all be together in our efforts. If not, at the very least be neutral instead of imposing our thoughts on everyone else except the owner of the thought





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  • gcnirvana
    09-22 03:27 PM
    Called first 10 in NeedHelp's list. Will call the rest shortly.
    People...please call...its NOW or NEVER!!



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  • Cheran
    04-08 02:39 PM
    Going back might be a good call. But the truth is, no matter how much money you got, how secured you are, the bottom-line is that the call has to come from the individual.

    I will share my concern. I was 23 when I moved here and I already spent 10 years of prime life here in this country. After finishing my college, I worked in India for a year and half, and as any young adult I grew up thinking one day, I will change the way life operates in India. There is a system which operates India. It is powerful, normal human like you and I cannot overcome the system. People like Gandhi could, they are willing to sacrifice them self for the best of others. Or you could if you are like our current politicians who know how to work the system. People like lallu, Jaya, Karunanidhi, Naidu etc, they grew up as a part of the system. For them even when killing someone, they might not feel the remorse. But you and I cannot even bribe without feeling bad, which is good. But the question is how long can you sustain that? I am not 23 anymore; Now, I know what responsibility is all about. I have 2 kids; I don’t know whether I am hard enough to fight the system at this current stage of my life.

    There is a famous quote, which states that there is a breaking point for every human, once we are pushed beyond that point, your action does not originate from your brain. In other words you will become part of the system.

    For me this is the main concern. When I talk to people here who wants to go back, they say that they will buy a house in some close community and they will live a happy life inside. For me that’s a fools dream. You cannot shut off from others, may be for a month or two, soon you have to face the real world.

    So the answer for your question lie in this question. How are you going to handle the system in India? I do not believe that things will change. May be in 25 years; Not anytime soon. So until then you have to live a life where in you have to adjust to the system.

    I do not have an answer to the question. How will I manage the day to day life? If you know the answer let me know

    - ;)





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  • amitga
    06-12 12:56 PM
    There is a saying in accounting world "Figures don�t lie, liars will figure it out." We keep on doing the same thing. Try to make numbers that look good. The truth is the dates for India And china cannot and will not move until some legislative changes are made. The legislative changes will only happen when we all get united and ask for those changes aloud. The key to success is unity and joint participation.



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  • MAEB2TR
    07-25 11:16 AM
    EB2, PD Sep 2006





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  • chanduv23
    10-08 01:46 PM
    ^^^^^^^^^^^^^^^^^^^



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  • walking_dude
    08-15 10:51 AM
    I have added a poll to the thread to make it easier to determine how many IV members are impacted and are ready to participate in a campaign to fix the issue.





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  • sankap
    07-06 12:58 PM
    As I understand, if we win the lawsuit, they will accept all 485 filed in July, no matter July 2 or 31. But they will process July 2 case first.
    In its note http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf, the USCIS clearly says it would reject applications starting 7/2. So, how can it accept July applications--especially when many of them haven't been sent yet?



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  • reno_john
    02-09 01:09 PM
    Hi,

    I have applied in EB2 category with job title of Sr. software engineer. and I have frnds who have applied for EB2 under, Programmer analyst, team lead.

    But all of them had Master of science from USA.

    And all of us have our I140 cleared and waiting to apply for I485 when its gets current.





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  • nixstor
    10-10 04:21 PM
    True! People with PD's closer to the current PD's can anxiously wait on the next bulletin to see if their PD will become current. It doesnt make sense to discuss the same point over and over when aplicants PD is far away from being current. Does it? It doesnt help to have a prediction thread for the next 2 months on the forum's mostly discussed topics. Does it? The worst part is it is infecticous and every one does it.





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  • srt57
    02-10 07:35 PM
    Thanks styrum. That sheds some light on the issue. From that I deduce that the only way to file an EB2 for jobzone 4 /svp 7 occupation, while minimizing the risk of audits, is for the advertised position to require an MS+0 and nothing else. If someone happens to have a BS+5 then they can use that as a substitute for the MS+0.

    If anyone has been able to successfully file under circumstances negating the above, please do share the specifics with us .





    bestia
    08-16 05:54 PM
    Many of us will be facing this decision and it's good to know the risks and the answers. Imagine you got a GC and now you have a +20k offer from the other company. Staying with your current employer for 6 months will cost you 10k. The question is "does the risk cost 10k?".

    This is how I see it, please correct me if I'm wrong. You can be questioned about leaving the company only in two cases: 1. citizenship interview, 2 - investigation/audit. In first case I don't see much problem, as many years will pass, and if you will not keep any documents, I don't see how USCIS will be going back and chasing these 4-5-6 months of your employment.

    Investigation is a different story. You have to be ready. The law says that you/your employer had to have intent to work on that position with that job description forever at the moment of AOS. Technically you could change that intent the very next day.

    So.. I think this is how it will work. USCIS might request evidence/letters from you/your "after-GC" employer and if they will find something like your resume that you have sent them before getting GC, then you are in trouble. But if you will demonstrate, that let's say you met your "after-GC" employer only after getting GC (let's say at some exhibition) and he offered you right away +50k salary, then I don't see how USCIS is gonna build their case.





    paskal
    10-02 11:59 AM
    guess i have my dates wrong! i will be there this coming weekend...starting thursday...all the best for your gathering!



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