Friday, July 1, 2011

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  • krishmunn
    04-20 02:24 PM
    My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.

    If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.

    However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.

    Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).

    However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)


    The 3 year experience = 1 year education towards degree is used for H1 NOT for GC. It has never been for GC.

    For EB3 GC, there is a classification for skilled workers which do not require a degree.





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  • gc007
    06-30 09:50 PM
    Can someone tell that If USCIS says that 29 June 07 is the last date to receive applications for premium processing for I 140 . Does that mean that they shud receive the application by 29th or application shud be post-marked dated 29th in order to be considered for premium processing.

    Thanks





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  • pappu
    05-28 08:47 AM
    GOOD ARTICLE FROM WP.COM EYE OPENING..

    What ever we will do USCIS will never finish Backlog... THIS IS CALLED SCAM. :mad:

    http://www.msnbc.msn.com/id/18899687/


    We have to let congress know about this scam.
    Each application could generate fines and fees of $1,000 to $5,000, a windfall of $10 billion to $15 billion over eight years, Homeland Security officials said. The money would dwarf revenue from a previously announced agency plan to increase fees on immigration and employment applications by 50 percent as early as next week, to raise $1 billion a year.





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  • unitednations
    08-15 07:02 PM
    There are limits to everything - and to worries too. Of course you don't want to be taking meaningless risks, but to live like a chicken is not an option either. But this is more philosophical, here is my question.

    USCIS may send RFEs for whatever and whoever they think it's reasonable. They can investigate and reinvestigate and GC holders and citizens, it's their job. Now tell me. How many you know of GC holders who got denied their citizenships because they just threw away their W2s? How many GCs were actually revoked and people were deported because USCIS investigated company and found out that most of the employees were H1b?

    Here is case of my cousin, he had his GC for many years, his wife and kids got citizenships. He didn't because he didn't accrue his 5 years in the US. He felt that he would be more successful in his home country. So he had business over there and was traveling back and forth to/from US. Once, at airport the immigration officer asked why he was traveling so much? He honestly answered "i'm doing business abroad". What do you think? INS officer initiated investigation and put him on deportation. Reason? "Absence of immigration intent!!!!". The case was quickly dismissed by immigration judge. My cousin was telling me how angry the judge was at prosecutors, he told them not to waste tax money like this anymore. So... what would be the right choice for him? Taking risk and making money (now he has a $1M house in LA) or be "careful" and live in some crappy hollywood apartment until his citizenship?

    People who left employer early or want to leave early will say it is ok; because it suits their needs.

    People who plan on staying later or don't have any intention of leaving early will say to stay.

    Bottom line is it is upto everyones own risk tolerance. I have just seen some of the biggest cowards in terms of immigration all of a sudden get so brave after they got the greencard.

    If people are waiting years and playing it safe then what is the possible harm to wait a little longer and not get riled up by every small story of someone who got questioned at citizenship time, etc.

    Immigration laws don't change very often; however, uscis interpretations and memos do change quite frequently. When you have to start hiring lawyers, go to court, face uncertainty then we'll see how brave people are.



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  • sina
    07-21 01:15 PM
    I agree with somegchuh. This is for discussing the issues that somegchuh listed. People interested in talking about - which is better, immigrating to canda or going back to india can discuss this in a separete thread.





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  • srinivas_o
    07-08 12:27 PM
    Hello Gurus,

    I too have changed employer (B) from july 1st and have not yet filed AC21.
    I have contacted attorney (who filed my GC and I-485) and he said he needs an authorization email from my old employer (A) to proceed further. I have asked my "A" for the authorization email and he is acting like he is not getting my emails. He is not answering my phone calls, even by mistake if he answers my call he is saying he will call me back, but never called me. i dont know whether he will revoke the I-140 which was approved in around April 2007.

    I don't know what exactly I need to do in this situation like to wait for old employers' call. He was very nice when I was his employee, but from the moment I left the company, he is a changed man.

    What are my best choices in this situation?

    BTW, I have paid all the legal expenses for H1s and GC processing.

    Looking forward to Guru's replies....



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  • indyanguy
    01-22 10:10 AM
    So, if there are 400k pending applications and recapture can get us 215K, has anyone done some analysis on how the 215k will be divided among countries and categories?

    Will this make EB2I current and EB3 I beyond say 2005?





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  • eb3retro
    03-17 04:39 PM
    Guys - I have 2 sets of questions:

    1. Case 1: Re-enter on AP with a valid H1-B visa till Oct 2010 (not stamped in Passport though). What status do I have (AOS or H1-B)? This is assuming that I work for the same GC sponsoring employer. I currently have 3 copies of AP (and 3 for my wife) - will I have to turn in all 3 of them at the POE? I have read that the Immigration Officers keep 2 of the 3 APs and return one back to you. The I-94 is stamped for 1 year - what do I do after a year? Do I have to renew my AP every year to maintain my status in the US?

    2. Case II: Re-enter on AP (not working for sponsoring employer - using AC 21) - Is this safe? How does one explain AC21 to the Immigration Officer..how should one answer the question: 'Who is your current employer?'

    thanks in advance!
    charlotte-gc



    refer to my post here.. http://immigrationvoice.org/forum/showpost.php?p=230811&postcount=1



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  • freedom_fighter
    07-01 10:13 PM
    I know, it is unfair and frustrating. But from legal point of view, you are mixing Employment Laws with Immigration Laws.


    .

    These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.

    Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.





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  • jsb
    01-15 10:31 AM
    Disagree, the reason you see lot of cases with (older PDs but later RDs) still awaiting approval is because when the PDs were current these cases were still not ripe (e.g: they were waiting name check clearance)....
    .

    My argument was on when your file will be looked at the first time. Of course, to get visa number numerous conditions, such as PD Currency, name-check, various documents, etc., have to be met. What I meant is that your file will be looked at the first time, only after cases physically received at the center reviewing your case (no matter what RD is shown on your receipt) before your case was recieved, have been looked at.

    Thus, even if you name check is cleared, your PD is Current, and you provided all required documents, if there are cases physically received before your case was received (no matter what RD is shown on your receipt) which are still to be looked at (at least once), your file will not be looked at.

    Note that when you call Customer Support, they recognize Receive Date what you see in your online status as "...your case was received on...", which may be quite different than RD on your receipt.

    Processing Dates published in monthly reports for each center are manually entered by their staff, and do not tell whether those dates mean "no case is pending older than this date", or "at least one case has been dealt with past this date", as the truth is something in between.

    Of course, internal processing and handling of physical files could be anything but known to the outside world. For example, it is possible that an officer was given a bundle of cases to look at, but then he/she proceeds on leave for 4 weeks, leaving them on desk to work on his/her return.



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  • grupak
    03-18 10:06 AM
    oh yeah ...well atleast it helped someone. btw did you get your $2.00 payout :-) from bear stearns. the problem comes when senior members have the my way or the high way attitude. and for ordinary folks like us the "My way" attitude is not producing any visible results. and I guess since you are out of work now since BS is no longer there --can you come up with a better approach ??

    albertpinto, "Senior Members" are just ordinary members like everybody else except they have posted more than 100 times. IV has an agenda and list of action items, and we all members need to actively participate. The outcome no body can guarantee because there are so many political interests and people pulling and pushing the immigration debate everywhere. However, the more we keep on pressing for our needs and educating the general population and the lawmakers about our situation, the more likely we will get help.

    Its not like the IV core has things written on stone. They do listen to ordinary members like us but there isn't enough resources to engage in every "good idea". They best way to participate is through state chapters, and let the IV core know through the state chapters. At the end, we need volunteers to do the things we want to do.





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  • aadimanav
    07-17 07:58 PM
    Thanks aadimanav,

    I have emailed & faxed Rep. Henry Waxman, CA 30th District
    Also 2 legislators here - Senator Sheila Kuehl and Senator Mark Ridley Thomas

    Come on Peeple. The time is NOW.

    In title you mentioned "los angeles" but you havne't sent to Senators from CA.



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  • brb2
    06-20 10:27 AM
    Those of you who are now thinking that being able to file 485 will give you freedom - just read through the list to see how many 485 filers (mainly Indians and Chinese) are stuck in the name check russian roullette.

    http://www.petitiononline.com/mod_perl/signed.cgi?nc082505


    This is one of the biggest bottleneck to 485 and naturalization processing. Most would think it would catch moslems - in reality it catches anyone in "hi-tech" and more often than not Indians, Chinese and Russians. And ofcourse Koreans too. One of the person's stuck in name check commented on the above link - if the FBI knew that a fifth of the nation shares the last name Kim! I guess the same would go for Wu, Yu, Zhou, Singh, Kumar etc.





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  • gg_ny
    04-03 02:32 PM
    Hi Ragz4u,

    This is THE time to stop answering negative mails,and convincing chronic doubters. It definitely distracts. Maybe until the bills gets to voting on the Senate floor, we should all unilaterally stop spilling out our doubts and apprehensions on to the forum. Any serious chronic and obsessive doubters should write a PM to Ragz4u or any other internal contacts.

    Now, coming to more useful part: Many of the universities and research institutions employ chinese and Indian postdocs and researchers on H1. Many of them sponsor GCs via EB2 and rarely EB1. Although many members here in the forum are under EB3 (isn't it?), the retrogression affects both EB2 AND EB3. The catch is, these institutions come under (many of them if not most) a category called non-profit, no cap etc. Looks like they cannot, as institutions, lobby against retrogression. I personally tried to do this in my institution but I was turned away; also my institution is very small unlike for example: University of California schools, or University of Texas schools. In all these institutions, the affected researchers work for individual Nobel laureates, accomplished professors (both chinese and Indian origin AND native born Americans) who can support the efforts. That requires a nodal point for information exchange. One side, IV can do this and on the other end, there are somethings called: postdoctoral fellow associations in many universities.
    They are cataloged at: http://www.nationalpostdoc.org/
    It will make more sense for an organization like IV trying to convince NPA to raise this issue than individuals like me. I have been in science for 14 years and I say from my experience.

    There are two renowned science journals that talk about career issues.

    The journal Science www.sciencemag.org has a portal called NextWave that deals with career issues of scientists. They frequently write about many visa issues but they need to be dealing with a resource to write about retrogression etc.

    http://sciencecareers.sciencemag.org/

    Another equally good portal belongs to Nature journal:
    http://www.nature.com/naturejobs/magazine/index.html

    Eveybody talks about retaining best talents back in US but there is no support heard from academic communites on this. So instead of answering
    chronic doubters, IV should try to reach out to these organizations.



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  • jsb
    03-19 03:32 PM
    We could not even pool $10K for FOIA. For lobbying, one needs lots and lots of money in the range of 100K -200K. What can IV do? Can you explain what you mean by "something'? if all of us EB3's can pool 100K, then we can request IV to do "SOMETHING". Hope every one understands this.

    How is anybody sure that by spending 5K or 10K, you will get what you are looking for? Just because somebody quoted 5K fee for such an information (which may be their standard response to such custom information extraction requests), it does not mean it can be readily found. If it were that easy, USCIS/DOS would be using it. The fact remains that PD related information does not exist other than in physical paper applications/files related with LC, I-140 and I-485. There is nothing on the system based on PD's. Don't we see it in guesswork used for advancing and retrogressing PD's. Note that for most immigration applcations PD's do not play any role. Only when at adjudication time, birth country is noted to be India/China, the officer has to check PD with respect to current cutoff dates. Systems are not designed for handling any processings based on PD's, so quick access to such information is not available - with a fee or without a fee





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  • svgupta
    05-22 03:39 PM
    Just signed up to contribute $20 per month. Will bump up the amount soon!!

    excellent!.. would look nice to have your signature as well...

    you can update that on : http://immigrationvoice.org/forum/profile.php?do=editsignature



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  • hunkuncontrolled
    04-02 12:59 PM
    Please do not misinterpret IV.
    If tomorrow there is a bill to stop all H1B from coming to USA or to make life difficult for H1B, do you really think we will keep quiet just because we have filed our greencards?

    Do you know IV worked hard for decoupling of H4 time from H1 in 2006 and we thought nothing may happen and started to focus on next action item. Then few months later it was changed. That was the first small step.

    I would appreciate if you ask your spouse if she/he can volunteer time for IV. You both can get more involved. Send us an email if you are interested. We are always interested in people who can volunteer more time than us (We do full time jobs too. A couple of us also are enrolled in a part time degree program). We are willing to have such an H4 be a leader in IV.

    IV is a platform that will allow you voice your plight. But you will need to come forward and be willing to actively work on it with others. If the strategy is right, you are committed and have right intentions there is no reason why IV will not help.

    Thanks .





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  • pappu
    11-02 04:28 PM
    Few months back, 2 DMV officers gave me a tough time in CT. I wrote strong complaint and got a reply that, it will be allright if I go again and I went for the 3rd time and got it without hasstles.

    Here is what happened

    Dear Mr. Vemula,

    This reply is in response to your email of 5/20/06 in which you
    describe
    the difficult time you have had in obtaining a CT license. Please be
    ad

    Elaine McDougal, Div. Chief
    CT Dept of Motor Vehicles
    Branch Operations Division

    Best regards,
    Chandrakanth Vemula
    It shows that the interpretation of law is not same everywhere.
    some people get it easily and some dont. Bridgeport, CT DMV is very crowded most of the time and tough to get things done. There are a lot of people of a kind that come there and it is tough. you must try Westport etc kind of areas next time.





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  • Suva
    07-19 11:23 AM
    EB3, Delivered on 2nd July at 9.01 AM





    gg_ny
    03-17 09:40 PM
    Patton Boggs is a lobbyist hired by IV, Can he help in this situation ? It may be the case he already may be working to get something thru ..

    we all write to Bernake that some 10, 000 immigrants will buy homes if we all get a GC. 10, 000 may or may not buy a home, but let us just polish the numbers a little bit. 10,000 * 300,000 (average home price) = 1 million billion dollars . Actually the total figure is 3 billion $$; enough to give a massive jolt to the sagging economy.

    mails by albertpinto

    please do not stop posting like the above just because some walking_dude has tried 650 times to sound serious and bring sense. your postings are really energizing and hilarious in these difficult times. I work for a firm contracting from the Big Bear and in these difficult times postings like these, particularly albertpinto's, are soothing for their comic sense (sounds as though the writer meant what he/she posted).





    kshitijnt
    08-16 03:27 PM
    I never understood this "exploitation thing". This is America...

    If someone is exploiting we all have a choice. We can change employers; go back home, etc.

    It may not be a totally open market but it is not like you have handcuffs around you. This type of talk of exploiting, slavery only hurts everyones cause.


    United nations exploitation means, finding out at the end of 3 years period my employer played games with me. Finding out that A LOT more was promised that delivered. Finding out I made a long term decision to persue career in US only to realise that I was used as a cheap labor and when I INVESTED substantial time here, I got to know that employer is using creative ways to keep cost down, hamper growth opportunities. Have you ever been cheated? Then you will know what it feels like. Going back home is always an option but a boneheaded one. Eventually that might happen too!



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