Sunday, June 26, 2011

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  • obviously
    07-17 10:09 PM
    The entire July fiasco and fix is nothing but a GRAND DISTRACTION.

    Let us go back to the June bulletin. The numbers became current and leaped by many months JUST AS the Immigration Bill was being debated. This resulted in the EB folks feeling temporarily elated and quite distracted with delusion.

    Then, comes the July bulletin. Making ALL numbers available made everyone ecstastic and completely distracted. This just as the debate was winding down.

    Again, two key 'relief points' that magically appeared just when the legal workers' needs could have been further highlighted. Net effect, the relative pain and position was REDUCED, so it appears that the problem was being fixed and hence not that urgent.

    Next, comes the EB bulletin fiasco. This completely derailed the community. The fix and elation in the past few hours has resulted in all celebrating a pyrrhic victory that will completely derail the discussion on EB issues.

    Like ripples in a pond, the net effect of these events has led to a complete refocus of priorities such that even temporary fixes are being toasted and celebrated.

    I am not suggesting that there is no silver lining in these clouds. The flower campaign, rallies etc have all been positive moves.

    Instead of celebrating ad nauseum and thanking each other and wondering how to send thank you notes... let us FOCUS ON THE REAL PAIN POINTS and PRIORITIES ... the end goal is a predictable system and process for Green Cards.

    Any interim relief, while truly and deeply appreciated, cannot be sold as the end product in order to buy our collective silence.

    I request the IV Core and others to please continue to highlight the need to get EB Green Card processing professionalized and predictable, in order to ensure that the respect for the law is reciprocated in equal measure.





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  • ThinkTwice
    07-12 10:08 AM
    We should update the question in the poll and make it specific only for people who live in and around of bay area, else the 'no I cannot attend' will be from all IV members who have no way to attend since they dont live in the bay area.





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  • go_gc_way
    06-07 09:41 PM
    I think , of what Mr. Logic Life said summarizes and represents the state of us all , who wish to obtain a Green Card and are on H, L ect. VISAS.

    I think, It is absolutely right "We deserve fair and speedy immigration.".

    Opportunity of working in America is great ... but when skilled professionals will have to choose H1,L1 or GC , they land in an unpleasant experience, that goes on for ever until they obtain their GC.





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  • StuckInTheMuck
    04-30 03:48 PM
    Good post I like it and I probably may follow most of these eventually but, if I think about it, it seems to me lot of stress. Maintaining records from past ten (GC)/fifteen (Citizenship) years is certainly a stressful activity. Except education certificates I never cared for anything in my home country. In spite of taking care of all this, if you get involved in an unfortunate event everything GC/Citizenship goes into vain and back to square one.
    I am not trying to discourage or depress any one. It�s just a thought.
    Appreciate your thought, thanks. Maintaining detailed documentation can be a big pain in you-know-where, particularly if I am asked to do it suddenly today (believe me, I am one of the world's leading disorganized blokes). Instead, if I begin to get organized early, the process eventually becomes incremental and stress-free. That is what I wanted to share here, the idea of getting organized early to have a smoother passage of time later (much like invest-today-afford-later philosophy). Unfortunate events are unpredictable, but that should not mean I ignore what I can control :)



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  • eb3_nepa
    02-22 05:49 PM
    Guys lets face it, Currently we are up against a wall. This is absolutely THE worst time when it comes to immigration. We have to be quite careful about the kinda steps we take esp when it comes to immigration as the lawmakers have bundled us up as a banner of "immigrants".

    Is there any pacca news on the date when the Senate take up this "immigration reform" bill? The extremely sad truth is that we can ONLY TRY. This is NOT in our hands and we have NO bargaining power here. That makes it all the more necessary that QGA guides us all the way and that we can pay for QGA all the way. A quick q to the gurus. Right now what is the status with QGA? I mean we have 30k they need 200k. So till we pay 200K they do nothing or are they doing this in steps like for 50K we take u to point A and for 50K more we take u to point B etc? Often my friends and people i talk to ask me that question and come up answerless :)

    Please dont get me wrong, i m in NO way quitting or bringing people down, just keeping in touch with reality. :)





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  • yabadaba
    07-19 06:19 AM
    can we please just post our filling status here? lets not freak out by what some customer rep says. Wait for at least 2 more weeks before you call and ask them status ec.

    every lawyer i know has said that if it was rejected u would have gotten it by now.. everyone else is under the impression that the apps were held... till they made a decision.



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  • senthil1
    03-10 08:09 PM
    Eb2 will be always better positoned as the spill over from Eb1 and other countries happen towards the end of the year. If there is some spillover for Eb3 then waiting time will decrease based on the numbers given.

    QUOTE=ashatara78;325297]The next step should be to reply to the senator mentioning that the data is ambiguous and asking for a more clear response. Is it I-140 or I-485, does it include families etc. etc.

    Also explain to them that based on these numbers, it will take X years for a person to get a GC and that the system needs reform.

    I have worked with a senator's office for a completely different matter and they are very responsive - since you have caught their attention and already have a file open, it will be helpful to respond with a concise letter so that you can get more accurate information.[/QUOTE]





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  • Maverick1
    11-09 03:54 PM
    I know it has been discussed a couple of times but more I read about the keeping H1 status/Using EAD &AP the more confused I get. The problem stems from the fact that we want to use the goodies offered by AOS (EAD and AP) but concerned what happens to H1 status. Don't want to get H1 stamping but want to use H1 status.

    I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.

    We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)

    I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.

    One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).

    1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?

    2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.

    3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.

    4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)

    5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.

    I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).

    I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.


    Your 2 cents please !!!!



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  • arunkotte
    09-12 12:23 PM
    Is it true that for a company w/ more than 100 employees, a statement letter from the CFO will be adequate as a proof for ability to pay? What info should the CFO be included in the letter?

    I was so screwed by my lawyer in the LC process so I plan on DIY for the I-140 & 485.



    Yes, you can submit a letter from CFO if the company has more than 100 employees.





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  • ajs4123
    11-01 12:51 PM
    I also got email from CRIS last night stating that my I-129 has been reopened.

    I have a very simple immigration history:

    I-129 filed and approved April 2005, petition expires 3/30/2008; only ever worked for this same company.

    No H-1B extensions ever filed, no H-1B transfers ever done, no previous history of US immigration prior to April 2005.

    Labor, I-140 and I-485 were filed November 2006; I-140 approved February 2007, I-485 approved June 2007, EB2 green card arrived June 2007.

    There was a LUD on the I-140, in August, but that was about the same time as a bunch of other people got LUDs on cases starting SRC07... seems like I can disregard that.

    There was also a LUD on the I-129 without a status change later in August. No explanation for that was apparent.

    And now I get a notice on 10/23/2007 saying that the I-129 has been re-opened and that something will happen within the next 30 days. I'll be sure to keep you all updated if I get anything like an actual I-797 notice through the mail.

    Did anyone else get anything on October 23rd?

    Ok, so we figured it out. The case really has been re-opened... soon after I got the GC, apparently the attorneys wrote to USCIS and informed them that I'd no longer be working for my company in H status but rather in LPR status.

    They asked USCIS to withdraw the LCA and the I-129 petition, so it's normal that the case eventually gets re-opened.

    We're expected that USCIS will subsequently revoke the original I-129 sometime within the 30 day period that CRIS mentioned.

    If anyone else is in the same boat, there's nothing at all to worry about... as long as your current status remains valid.

    Any idea why it's important for the attorneys to notify USCIS that I'm no longer a H worker? The petition would expire next March anyway...



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  • bobzibub
    11-01 05:57 PM
    What is this reverse brain drain ? there is no such thing - folks who are here are going to hang on tooth & nail to stay here come hell or high water - the only ones who are going back are the ones who have no other option.

    If one shows more loyalty than that shown by that entity, then one is a fool. That entity could be a country, party, company, spouse.

    Right now, one entity (US government) is not showing much interest in our condition. That level of loyalty should be reciprocated but no more.





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  • trueguy
    08-12 10:39 PM
    EB3 I is going to have a long wait. I had applied for Canadian green card and had received it. At present i have EAD and AP. Is it worthwhile to go into consular processing and work in canada or apply for a blue card or think about Australia. If this sounds okay how should i proceed.

    Jose Thomas

    How do you get Blue Card. I thought its still under review and not official yet.



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  • gsc999
    07-11 08:43 PM
    I just got to this forum through some means and saw this thread. I work at Oracle and so I have sent it to the Oracle mailing lists for their support
    ---
    Vinoddas: thanks for forwarding our message.

    Can you also help with putting some flyers at Oracle food canteen? I have been there once. Lot of foot traffic. Please PM me your e-mail address. I will send you the soft copy of the flyer.





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  • perm2gc
    05-24 09:42 PM
    Guys,

    Can we lobby to add an ammendum to pay huge penalities($50K) when all the current GC holders apply for Citizenships.

    -Mad
    We are not illegals to pay fines.



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  • gene77
    10-16 04:37 PM
    How do we know we're stuck in the namecheck process?

    Does the on-line status state that the application is in the namecheck 'phase' or something to that effect?

    Thanks,





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  • chaanakya
    08-13 05:41 PM
    Yes, that is right, I said �plight of EB2-India�.

    I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...

    Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.

    Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.

    There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).

    All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.

    For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!



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  • wikipedia_fan
    05-05 02:18 PM
    Forum Gurus - I got a denial letter on my 485. I am a July 2007 filer and applied for AOS in July 2007. My 140 was revoked by ex employer in August 2008 and immediately I got a NOID from USCIS and responded to it in a timely manner and my case processing resumed.

    But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.

    It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.

    I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.

    Is there anyone else in the same boat? How long does it take for MTR to get processed?

    Folks I have an update on my case.

    We filed for Motion to reopen on which were receipted on March 27th, 2009. I wrote to Congressman, Senators and also Ombudsman. Today my congressman's office got an update that our MTRs were approved on April 30th and our 485s got reopened and they have sent letters to that effect.

    What a relief. It was a stressful 6 week ordeal. Thanks to IV and its members for the help and support.





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  • bkarnik
    09-17 01:44 PM
    And don't forget to wait for you mail man everyday satrting tomorrow, as he will not drop it in the mail box. Instead he would deliver it in hand with a special message from Bushy :p

    Not so fast...the bill language clearly indicates that the provisions of this bill will take effect from the first fiscal day of the new fiscal year after this bill becomes an act...so unless this bill is voted by the house and senate and then signed by the President before September 30th, we will not be seeing any benefit until the fiscal year starting October 1st, 2009. After the September session, Congress will convene again in November/December timeframe for a short session. If the bill does not get passed then, then come next January, it will be starting the process all over again as it will be a new year for the Congress. Just like green cards, Congress does not carry over bills from one year to the next.





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  • sundewei
    12-03 04:54 PM
    :( The wait for Name Check is killing me





    cooldesi
    04-02 08:53 PM
    Unfotunately what you are saying sounds cool except that its not true.
    Job offer has to be valid on the day petition filed or the specific date mentioned.

    There is nothing cool here. Employer did mistake by charging money and candidate came to US uninvited.





    bigboy007
    04-26 07:43 PM
    understood the anguish,... But will it do any good. No for sure. If not on H1, If not on L1 then outsourcing companies will find alternative like B1/B2 i have seen many examples... if on B1/B2 no benefits at all get the person get the work done forget the "Person"....

    This bill will INCREASE Outsourcing.. .My view. becoz employers after reading the text would say why should i worry about filing H1 after all so no new H1 Transfers to regular comps and no to existing consulting companies due to 50% limit. L1's are screwed.

    Ask yourself what does it do and whom does it help. Does it help existing economy , looks to many becoz they dont understand it increases offshoring...

    But there is already enough abuse in H1/L1 , How is IV recommending path forward for this bill ?