Saturday, July 2, 2011

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  • ragz4u
    04-01 12:49 PM
    Apologies to eb3retro and logiclife...I had to delete your posts to make this summary post

    We already have folks in the following firms willing to talk to their employers. If you are from one of these firms, why don't you join your fellow colleagues in approaching your decision makers. Send us an email and we will put you guys in touch with each other

    1) Siemens Power Generation
    2) Microsoft
    3) Barclays bank
    4) Oracle Corporation

    The following folks have already sent the fax, Count = 80

    Anai
    Ragz4u
    latina
    masala_dosa
    aparnak
    felix31
    radosav
    gc_bucs
    golgappas
    Superape
    Leena
    Nikhil
    xu1
    sats123
    pcs
    bkarnik
    traffic_engr
    shalini_s_b
    reachag + spouse
    lccleared
    reachrc
    aray
    raydhan
    raj123
    willgetgc2005
    bklog_sufferer
    lonedesi
    parrytee
    logiclife
    sureshksv
    bandya
    gc_bucs
    virtual55
    fightretro
    samnay
    glen
    sats123
    houston2005
    labor2003
    jnayar2006
    eb3retro
    posmd
    mariusp
    eb_retrogression
    khodalmd
    GodBlessYou
    aj_jadeja
    Higcoptimist
    sai
    anandrajesh
    nish17
    bkarnik
    prav27
    mali03
    manojp4
    brkl1935
    cmathew
    madhuri
    mwaikul
    satyab7
    jkays94
    gcwaiter
    GCwaitforever
    baburob2
    apnair2002
    ngodisha
    CWYGC
    rbms
    dibert_cal
    need_EAD
    laborfd
    n77
    jjjun
    rajbgp2002
    justAnotherFile
    nviren
    mygc2006
    learning01
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  • Libra
    01-25 10:04 AM
    bump





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  • sanbaj
    03-26 10:25 AM
    Hello BharatPremi,

    I was in the Interfiling situation for the last four months but EB2 India was Retrogressed and then Unavailable as you know. But, I got the advice from my Lawyer that I should Interfile and not wait for the EB2 India dates to get current. So, at the end of Feb '08 I decided to Interfile with my lawyer's help.

    With the cover letter as suggested in various earlier posts he made sure he sent the Original Approval Notice of the I140 and not a copy.

    The main text of the letter was:

    In accordance with 8 C.F.R. �204.5(e) , the applicant hereby request your office to amend the priority date to that of <new I140 Priority Date> as indicated on the enclosed original approved I-140 petition on behalf of the applicant.

    In the footnotes, this was included:
    1. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    It was beginning of March when this was done. Then in mid-March, I got the great news that EB2 India is current for my PD. We will see what happens in April '08 !!!

    No news from USCIS yet on the Interfiling app. My lawyer suggested to call after a month of the application's RD.

    Waiting on GC for more than 6 years. I hope this is the last thing to do before AOS is approved for us and we receive the PR Card.

    Hope this info helps.
    Best of Luck for your case.





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  • niidawg3
    01-26 09:32 AM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...



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  • h1b_forever
    05-18 12:08 PM
    In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
    Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.

    I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.

    I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.





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  • pinx
    02-05 03:05 PM
    soul, that is simply amazing.



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  • smuggymba
    04-29 10:19 PM
    Tell me one country in this world which is giving 140K GC for skilled immigrants and alomst 1 million GCs for immigrants...

    ...........and the point you're trying to make is???

    If you don't want a GC, why are you on this forum and making anti-GC statement. A pro-GC person would agree with this statement unequivocally.





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  • h1bmajdoor
    09-03 09:50 AM
    To go one step further on your point, the whole world should have a better understanding and expectation of employment-based immigration to America. When the fact is out, it is really up to the indivdual to make an informed decision without complainting.

    here is the reality:

    you came here thinking they will love you because of your math skills.

    what actually happened: they took all the credit, and 10-15 years of your career without letting you progress.

    we got screwed, plain and simple, by the dreams they showed us. we did not read the fine print. that is why we are half lawyers now.

    make sure you teach your children to read the fine print. and try to gauge the intentions of those who are showing you dreams.

    this is the same country which talked of equality and fraternity of man and then quietly removed colored people from the definition of humans, and legally accepted slavery.



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  • mbartosik
    02-25 10:52 PM
    my new total 105 ish
    maybe a few more this week.

    If anyone wants about 50 hand addressed envelops to President then PM me.





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  • morchu
    11-03 02:09 PM
    I think most of EB3I and EB2I are missing one point.
    EB3I didn't loose anything by the change in spillover policy few years back.
    It is EB3-world who lost. Obviously EB2I and EB2C was on the gainers side.

    EarlierSpillover EB1row->EB2row->EB3row->EB1I/C->EB2I/C->EB3I/C
    CurrentSpillover EB1row->EB1I/C->EB2row->EB2I/C->EB3row->EB3I/C

    (or to be more precise, it is currently EB1->EB2->EB3 since spill overs are not considering country based limitations)

    Either way EB3I was last in the que. So nothing changed for EB3I or EB3C.
    EB2I or EB2C on the other hand moved ahead of EB3row, that is very noticeable.

    EB1I/C also moved ahead of EB2row, by this is not that noticeable, since all these categories were close to "current" either way.

    In summary, you change the spillover whatever way.... EB3I is always going to be at the end of the line, least benefiting from any spill over.

    -Morchu


    I hope once DOS decides to change the spillover and give the extra visas to Eb3 (whoever ROW , India....). The ensuing discussions from from the self glorified EB2 crowd here would make for an entertaining reading. I would like to see how much they enjoy the predictions after that.



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  • hope_4_best
    04-02 11:45 AM
    sent both faxes





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  • breddy2000
    07-03 08:31 AM
    My Cost so far:
    ===========

    1. Medical --> 350
    2. Fedex --> 100
    3. Attorney Fees ---> 1000
    4. Photos ---> 65
    5. Copies of Certificates ---> 25
    6. Affidavits from Lawyers from home country --> 50

    Total approximately

    $1600



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  • swadeshi
    08-31 07:52 PM
    We have been calling and talking to ppl all over new england area.
    But we have hardly been able to get a convincing number of ppl to attend the rally.
    Have you watched the bus thread for New England Area. 26 votes, can you believe that.

    We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.

    Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.

    Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.

    LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.

    Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.

    I have an idea how abt asking the hispanic community to be a part of this rally, they would definitively oblige more easily than our own i guess"" just kidding:)





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  • reddog
    06-24 01:13 PM
    If the White House has any intent on doing immigration reform, which I think they do, then this would be the best year to do, far away from the presidential elections, as support to the Immigration bill cannot be made an agenda during the elections.



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  • Jaime
    08-31 05:23 PM
    no jaime, there are excuses:

    i did not get a receipt, without that how can i think of GC?

    i filed 485. now why should i care?

    (top two!)

    my work, my family, my dog, my birthday, my fears, my laziness, my apathy, my cynicism and my belief that others are working- why should i?

    there are motivated members who cannot come for genuine reasons. we are trying to help them where we can- and they are helping others where they can. but they are far outnumbered by the "this is a forum if you don't want tracking why don't you close it" crowd. and the "who are you to ask me" crowd and " participation is voluntary, don't spam me" crowd- you know the drill.

    apparently many have forgotten or never bothered to find out that IV is a grassroots organization that aims to end all retrogression. and they have a distaste for education too. after all they are "highly skilled" :confused:

    Paskal, you are right! Yet there are also thousands of concerned members, and others who don't yet know of IV. Also, any of the people that you mentioned can have a change of heart. People are essentially good if they see the goals and reasons clearly. Let's encourage them, and go for it! Over 10,000!!!





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  • gsc999
    09-20 07:20 PM
    Thanks for playing your folk tunes, and singing and reciting poetry on stage at the rally! Please let us know the IV handle of the other guitarist and singer. Thanks for inviting me to join you but I am way too shy to sing on stage :o 3 cheers to abhijitp, you make CA proud!
    ---
    Did you guys know that Drona had a sprained ankle and she was on crutches when she landed at Dulles airport. Can you imagine the amount of commitment it takes to do this? Just amazing.



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  • arihant
    12-20 01:31 PM
    My colleague's wife has been on H4 for almost 3 years now. She just got a job and her attorney told her about this new law which will let her use her full 6 years of H1B. So, this news does seem to be legitimate as attorneys are sharing it with their clients (I am guessing that they would not share unconfirmed changes in laws with clients, especially if they want to maintain their reputation and continue to work as immigration lawyers!)





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  • go_guy123
    03-12 02:20 AM
    No H1B works on 1099.
    Also how uscis can crack down on %age system.

    Once H1Bs enter US, its hard to track and crack down on a % age system. So they are trying to crack down at the visa stamping stage.





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  • Canadian_Dream
    08-20 04:21 PM
    When did this happen ? Employers can't do any substitution after July 16 nor can they barter or get paid for it anyway.
    Try the following:
    1. Do you have the lawyer's retainer agreement (G28 signed) ? Other evidence such as e-mail etc which proves the intent of filling I-485 from Lawyer/Employer ?
    2. Have paid it to the lawyer/employer for this particular service ? If yes do you have any written contract.
    3. Keep back-ups of all documents in this regard.


    This can either be construed as consumer fraud as you didn't get the services related to payment or breach of contract after full payment. I know it is hard but if you file a lawsuit you will get the monetary settlement and other damages. This may not stand much in terms of violation of labor laws (DOL Perspective) or Immigration laws (USCIS) perspective. This is case of clear fraud and deceit.

    I guess this link is for H1 violation.

    I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.





    thescadaman
    06-16 10:51 PM
    I will support this effort.





    rameshvaid
    05-31 11:59 AM
    I'm not sure how voting on this site is going to improve the chances of this bill. It is simply an application site 2 companies have created. It does not do us any good by voting on such site. It is like voting on petitiononline site annonymously. Pls help me understand the benefits if I am incorrect in understanding this site.
    Pappu

    As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.

    I am from Ohio and tried several times to join State Chapter. I did get PM from a member last week who asked me to get him my personal info, which I did but no rsponse from him..

    Can you suggest a link how can I join SC?

    Best..

    RV



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