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  • gimme_GC2006
    07-30 12:10 PM
    ok..so how come this is related to Immigration ???





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  • amulchandra
    02-01 06:48 PM
    I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.





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  • willigetgc?
    08-10 10:30 PM
    i feel frustrated at some peoples' unwillingness to admit that eb3 needs iv's help now more than ever. They are saying that nothing much can be done for eb3, as ins merely corrected its wrong interpretation in visa allocation

    I went to the advocacy days in DC this June, and the biggest push IV was/is making - country cap elimination. The biggest benefactor of this change is EB3 (eb2 will be helped too, but that is how INS preference system works) - again, the biggest benefactor of this legislative change is eb3. IV has been pushing this issue over and over - try reaching out about town hall meetings or any such meetings with lawmakers - and you will figure out how much iv is working on behalf of eb3. Unfortunately, not many eb3 were active until the last 2 vbs. So, please do not say, "nothing much can be done for eb3" or "IV is not working for EB3". Its just that you may not see value in the route that IV is pursuing. It is eb3 members' unwillingness to admit that IV needs grass root help more than ever now.

    but, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The ina language says that until eb2 is not current, there will be no spillover to eb3. Agreed. but i would contend that this statement is on a year to year basis. that is, if in the year 2002 (for example) all eb2 has been satisfied, then the spillovers should go to year 2002 eb3.

    i am sorry to point this out, but you are looking at this from only your angle. Don't get me wrong, i would probably do the same. Having said that, logically this change will not fly with the uscis - 2 reasons - 1. Your contention that this rule is year to year - flawed contention 2. What does all eb2 satisfied mean? - these arguments will not work. I am not pulling you or the idea down - but simply stating my point of view based on what I know of the law.

    is this something iv can point out and fight for? Can eb3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

    now a days we are seeing more threads related to spill over allocation interpretation etc, but i have not seen any single post by iv core about this. I am from eb3 community and share the frustration among others.

    i remember a time just a few months ago this year, eb2 were complaining about spillover not happening, and iv core disputed it, saying that spillover was happening.

    i see a lot of people suggesting to port from eb3 to eb2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.

    just like you are seeing the ground realities of porting from eb3 to eb2, i believe that iv knows the ground reality of proposing new interpretations to the law. I would go a little further in saying that the proposals considered here are changes in the law than changes in the interpretation of the law.


    I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......

    After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.





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  • sri1309
    09-10 08:45 PM
    Personally for me, why do I need the citizenship?
    1) My parents don't want to come and live here.
    2) How do I tell my future children that this country is the best country for them when it screwed their dad or gave him secondary treatment for 8-10 yrs when I spent here.
    3) How do I "love" this country with a true mind knowing it did not give me the same opportunity it gave to immigrants from other countries? How do I digest the fact that europeans, mexicans, filipinos etc are getting preferential work related immigrant visas ahead of me? and I would still pledge my allegiance to this country knowing I have not been treated fairly?


    You see there are more moral and ethical questions to be answered. I have made my money here. I could almost retire in India with this much money in next 5-10 years.

    Hi,
    I agree and disagree with you. We came here for the good things this country has to offer. And we may have got, as you mentioned some of them.. money etc., for some people its quality eductaion, for some more research etc etc.. And we dont like some unfortunate things like the one we are all upset about. Its the department thats broken we are all upset about and not the country as such. I know how you feel, but I am sure we all agree we are frustrated with the immigration department. We must do something to fix it. Cant just sit quite, when illegals come in millions and ask for citizenship again and get it too. I think that happened in 86 or sometime around. We must highlight ourselves before its too late.



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  • alex99
    11-12 03:55 PM
    bump....





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  • saileshdude
    09-14 03:27 PM
    Hi Abd,

    Can you send me the EVL format that you will prepate to respond to this RFE. You can take out all your personal info but leave the other wording intact. That would really help. You can send it to me via PM if you would like.

    Thanks.


    Here is detail. i changed job based on AC21 portability. Did not file papers.

    Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.

    A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.

    Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.

    Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.

    Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
    The application for adjustment has been pending for more thna 180 days and
    the new permanent position is in same or similar occupational classification as original employment.

    If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.




    :) Working with attorneys to get the papers ready....



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  • invincibleasian
    01-27 10:19 PM
    The country caps ensure equal distribution of immigrants from all parts of the world and not only the countries which have poured in immigrants in the last few decades.





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  • abd
    09-23 12:20 PM
    Just when i was wondering that we will have to wait till OCt 1 when new visa are avialable... I saw your message... If i was you i will wait too for next 5/6 days you have till oct to respond.


    Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?

    We got approval email for myself + spouse and daughter today. I had waited for this since 2002. :)
    Your Case Status: Card/ Document Production

    On September 23, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.


    This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

    If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.



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  • browncow
    05-26 11:26 PM
    I carry my GC, passport etc even if i get out of my house to my lawn.
    I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?

    Cos, if you are not a US citizen, the burden lies on you to prove your legal status.

    This is the reason why US is losing out on tourism in a huge way.





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  • SFSweta
    09-10 02:43 PM
    So there you have it - no vote on the bill today...


    I don't get it guys - what's up with this country - is this really what it's come down? Give me your tired, your poor - but DEFINITELY don't give me your talented, your educated and your promising. Because really - what are we going to do with people who actually pay taxes, contribute to the community and help bring prosperity.

    We would love to have just your best cotton-pickers...this is just a little disappointing - and yet I ask, what should we do now? We have 2 months to go - it's time to make a HUGE difference...



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  • sathyaraj
    03-12 06:20 PM
    Hi BharatPremi:

    Thank you so much for your reply. I do not have any speeding tickets also. I have clean history so far. I am hoping that this will be cleared by this week so that I can join them by 03/24

    Regards
    SathyaRaj

    I am assuming here that you referred Background Check done by future employer as a part of employment offer before granting you the final offer. In that case mostly your employer might have contracted that to third party. And if that would have been the case then it solely depends upon where you resides now and how many states you have moved so far from the date of first entry in uSA and what kind of new implementation all those states may have. Some states even gives "Red Flag" for traffic violation such as speeding. What happens is that, that third party would see only "red flag" and would not come to know about underlying cause of the "red flag". So as a process that third party first come to your future employer notifying about this " red flag". Then your employer decides to query that further having signature from you and would notify third party to dig further and then third party will go to state police to know the underlying cause and state police will work on that by taking fee and and some point of time it will say " hey he had traffic violation". So it may eat up 3 to 4 months to finish the whole cycle and ball is in your employer's court whether to hire you or wait to hire till then. Most companies hire without wasting time and afterwards if something really serious feedback comes in will boot you otherwise you will be fine.





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  • thecipher5
    10-13 11:21 AM
    feedfront, the receipt date on my I-485 receipt notice is October 5, 2007.

    My attorney had inquired with USCIS but hasn't received any response. As I mentioned earlier neither a SR, senator/congressman inquiry has helped!

    I'd also send an email to NSC but got an generic message.

    How can I write to USCIS director?


    thank you!
    thecipher5


    Do you have attorney? It will be better if he/she write letter for status of the case. I had RFE in last year (around summer'09). My PD was current since Aug, but no change in the status or specific response (tried congressman, senator, SR). But, I got new RFE (medical report required) when my attorney contacted them. I don't know what triggered it, but my attorney contacted USCIS last (after I did not get any specific info from other sources).

    You can write to USCIS director. Someone here in this forum wrote to director, when he did not get any progress on his SR.

    What's your receipt date? I heard that they are using receipt date. I know couple of people (including myself) whose application was picked (or generated RFE) matched the pattern of receipt date not PD.



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  • varshadas
    01-30 12:22 PM
    This is what I have come up with so far. Please everyone, feel free to modify this:

    Have you been following at the snails pace movement of the priority dates? If not, here are some reminders
    EB3 moved 2 weeks in 10 months!
    EB2 hardly moved in 10 months!

    If this is the rate at which things move, you will get your Green Card in anywhere from 5 to 15 years based on your priority dates.

    Do you know how this affects you?
    � Frustration of sticking to the same employer and no career growth.
    � Children not being able to get state benefits.
    � Spouses unable to work.
    � The feeling of unsettlement.
    � Above all, tons of mental stress.

    Do you want be in this mess for ever. I am sure you don�t. We deserve better.

    We all have to fight together to fix this broken immigration system and achieve IV�s goals to
    � Remove retrogression
    � Remove backlogs in labor certification
    � Remove backlogs in I-140 and I-485 processing
    � Revise the way visa quotas for highly skilled workers are determined

    Register FREE to become a member today!
    www.immigrationvoice.org





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  • GCwaitforever
    12-26 04:24 PM
    Business needs define rules in this country. Western Union was sending money to mexico. Then American Banks started chipping into that business, accepting different documents as valid for money transfer. You get the drift.

    As for Citi bank not opening e-accounts for existing account holders, it is a bit surprising. Once they vetted you in the process, they are repeating it just to verify your identity? My bank lets me open different accounts online as I am known to them for a long long time.



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  • newuser
    04-21 07:46 PM
    Could someone post the meeting notes.





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  • fromnaija
    01-19 10:59 AM
    The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.

    Please add more facts, figures, numbers.

    There are around 147,000 employment based Visa number available every year.
    Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
    Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
    This 1470 will be divided between EB1, EB2 and EB3 category
    That means every category will get 490 Visa Number.
    USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
    Total GC application pending with USCIS is around 1MM.
    In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.

    There is only one thing wrong with this figure. Not all of the 100 countries will have immigrants in the EB category. The fact is that no one country can have more than 7% of the available visas i.e. 9800 of the available 140,000 EB visas per year.



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  • GCVivek
    03-21 02:37 PM
    Unless you have clearly written promise that they will apply for GC, you cannot fight in court. Secondly, even if they did give you in writing, there is no time limit on when they can file.....they can effectively file labor a month before 6th year of H1 and have you out of status and therefore layed off.

    In that case, employers should mention the following in the offer letter

    " In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

    This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
    Can these companies do this????





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  • hydboy77
    06-08 06:38 PM
    There is going to be no spillover to EB2 India at all because according to the thread "Employment-Based Visa Number Movement and Predictions - from current Murthy Bulletin" thread Mr. Oppenheim (the guy from the DOS who sets the visa bulletin) said that EB1, EB4 and Eb5 might also retrogress (that is have to a cut off date which means they will not be current). If EB1, EB2 and EB5 retrogress and there is no spillover from EB2 ROW and there is no spillover from Family based visas there will not be any spillover to Eb2 India at all. There is absoluetely no difference between Eb3 India and Eb2 India except that EB3 India will be stuck in 2001 and Eb2 India might be stuck either in 2002 or early 2003. We are screwed for ages to come. Dont give me red for bringing this harsh reality, I myself am depressed

    That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.

    Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
    Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.





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  • desi3933
    02-11 07:36 PM
    I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...

    Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.

    Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?

    >> Why be rude
    My apologies if my post reflected that. My intention was never that.

    .





    jsb
    08-17 11:25 AM
    hi everyone,
    I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.

    I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
    I recently got a master's degree in another field, and my current job can hire me in a different position.

    Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?

    Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.

    Thanks.

    If your employer files PERM now for the new position under EB2, LC is needed before your employer can file new I-140. I don't know if this will impact your original PD





    kashish333
    09-30 05:56 PM
    Here is my problem

    I am currently on L1 with company A which is valid till Jan 2013. Company B has also filed for H1 for me which is not yet approved. I want to go back to home country on vacation. If my H1 gets approved

    1. can I continue to work on L1.
    2. What if I go back to home country for vacation. can I enter the US on L1 again. Will there be any problem? what will happne to my H1 in that case.

    Please Advice



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