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  • conchshell
    07-28 01:59 PM
    Someone should close it so that we can talk about the more important matter of getting the green card faster.

    I would say let it go on ... because this is the kind of topic people really like to discuss. It breaks my heart to note that last week I started a thread to raise ideas about immigration problems ... lots of people went through it, but just a handful participated. Here is the thread:

    http://immigrationvoice.org/forum/showthread.php?t=20406

    So when people have lost focus, they are not interested in discussing the core issue anymore ... then let this discussion go on, on top of it may be we can also start reviewing bollywood movies here .... sorry for being sarcastic, but this the state of affairs at IV forums these days!!:(





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  • sanjeev_2004
    06-30 09:52 PM
    What exactly are you trying to say?
    You contradict yourself and also make a fool of yourself.

    First you suggest a random date called 9th and then admit that your prior decisions and that to GC specific did not prove to be right. Why in the world you want to post your own bad record is beyond me.

    just chill. I just cooked a spicy chicken with red/orange/green peppers.
    Please don't spoil my dinner after going through hell past 2 days.


    Have a nice dinner. I just enjoyed my dinner. But I will send my paper on Monday for sure. I will wait. 4 July is holiday. Friday day of explanations and Saturday is day of having fun. So 9 th is great day for me.

    Have Fun.





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  • hydboy77
    12-10 11:16 AM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

    You are correct. In fact, without some legislation or a bill for recapture getting passed, large movement in dates in not possible.





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  • suriajay12
    03-30 07:47 AM
    very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
    as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?

    Do we do any more than just agreeing with others or disagreeing.. Sorry.. but we must not let down our efforts. I wrote to Zoe Lofgren and change.gov this weekend. What did you do for your problems?



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  • kumar1
    11-10 11:40 PM
    PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.

    This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.

    Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.





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  • prioritydate
    12-20 08:42 PM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.

    Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.



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  • LegalIndianInUSA
    08-02 11:43 PM
    Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
    "Although these are our policies, these might change at any time, with or without written notice".
    End of story to all 'You promised me gold in your agreement' arguments.


    There was no fine print on the appointment letter. There wasn't even fuzzy wording (like "we may" or "in most circumstances" etc).
    Although I'm clearly educated about how the system works now, back then, at age 24, I wasn't. I was foolish enough to trust and believe that they would keep their word; they are after all, big multinational companies.
    I don't want other young Indian/foreign immigrants to fall into the same predicament.
    The sooner they realize that Human Resources is the most inhuman department in a company, the better.


    Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
    Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.


    In large companies, the Legal department doesnt exist solely for GCs and Immigration related matters. The cost of immigration is barely a drop in the overall cost of maintaining such a department, and hence your logic is wrong.


    It is an unfortunate truth we all need to get accustomed to live with.

    No, we dont need to get accustomed to being lied to, or being treated as skilled slaves.
    If you side with the law and say that the companies are not obligated to process GCs, then they should not be offering the same. Also, the law as it currently stands, is unjust and I'd much sooner see the law be changed to something like "if you've worked here for 6 years, paid taxes etc, then you can apply for a GC yourself based on just that"


    I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here.

    lol. Firstly, there is no such thing as a "free market". Wake up already.
    Secondly, the US is more socialist than India is.
    Thirdly, A GC is not a freebie/extra perk. A GC is a good-faith agreement between the company, the future employee and the governing body(USCIS), and companies should understand the ethical meaning of "good faith".


    If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
    Yea sure, I'd like to see all the high skilled kings that have been made by companies.
    It is a fallacy that skill, intellect or IQ has meaning/importance in the US.
    At the end of the day, you are just another desk jockey.





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  • jonty_11
    12-13 01:04 PM
    Pappu has doused the fire..:(



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  • coolmanasip
    03-07 09:45 AM
    you are lucky man.....what you say makes sense.......but here is the reality.......

    GC process is 3 step process and the lawyer is representing you (485 stage) as well as the employer (labor and 140 stage)........So, if you leave the employer, most lawyers will refuse to continue to represent you unless they authorized in written by the employer....it is a conflict of interest for them.......hence, I think I will go to some other lawyer for AC 21......and thats why the money.....


    It is bit shocking to know that one will have to pay for just AC21 notification. I mean, if you already have lawyer associated with your GC file, which I believe, most of us should have either appointed by our employer OR hired by ourselves (Many companies give a choice to hire "your own" lawyer). I understand that since one change the employment, the general criteria is to assume that the lawyer (If paticularly appointed by past employer) is now no more attached to the case. But in truth it is not. Fulfilling AC21 notification is part of the whole end to end package since case remains same unless you notify USCIS to change your attorney. In my case I was given a choice to hire "My Own lawyer" and once I started to work on EAD, virtually now he is my lawyer not "my employer's lawyer" and hence he will be sending AC21 related paperwork to USCIS though he told me that he would not do it right now as he is busy with H1 filing load. And yes no extra cost involved..





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  • sc3
    10-16 06:05 PM
    What happened to your sense of judgment, whoever said that USCIS is doing it maliciously? They reacted for sure but within legal boundaries. I do not understand why you keep twisted people’s answers.


    I havent twisted anyone's answers. When you (and others) say "reacted" you mean that they are intentionally shafting you in some way. Do you dispute that? Why is the very first response to this idea something to the tune of "..and see the cutoff go back to ice ages". It clearly shows that people are saying USCIS will "revolt" against you (not necessarily in as many words).


    That is exactly I am saying, I am asking why should it be this way, this is totally wrong. They should go by PD. Even if my application was not moved to another centre mine still would not have gotten approved because I applied in Aug and not July. I mentioned that to tell you that I have to wait even more now.

    Now if you ask me why I applied in Aug and not in Jul, it is because my family was not in US at that time. If you had told me beforehand about the impending fiasco I wouldn’t have sent them in the first place. I had to call them back and cancel my trip spending hundreds of $s.


    Why is it not sustainable, now you are defending something that is wrong, why should I have to wait though my GC was started ages before?



    Let's see here; I don't need to know why you did not apply earlier, that is your personal matter. But answer me this.

    I have a PD of late 2002 (EB3), and haven't been able to apply due to personal reasons. Now when the PD becomes current. I apply and the following bulletin further advances the PD. Do you think that I should be given preference over someone who had no personal obligations and applied in 2007, that is to say, should the entire system be ground to a halt because I am a late filer?


    Now put yourself in the earlier RD's applicant? What will be your answer? Do you think someone who delays for personal reason be given a free pass just because he has an earlier PD??

    I know you dont want to hear it, but the current system of RD based processing is a good system. Your grouse probably is that they advanced the PDs so much further when there was enough demand from earlier PDs. If you argue on that premise, I will be very supportive. But I am insensitive to "I have an earlier PD, so I should get my GC first".

    PD has its place in the system, however it does not play a role in processing order.






    Just because I said USCIS is doing something wrong (not following processing order..) doesn’t mean I said that DOS did something right.. you keep assuming things..


    You were blaming USCIS for the Perm/BEC debacle, I did not assume anything you haven't already said.


    Again you are running your imagination wild, who blamed all the other things on USCIS?..

    I guess your computer has a bug, it is not showing the winkies and the smiles properly. Get a technician to look at it.


    Dude, show me one post of mine which said anything against the idea. I even gave a green for what he is trying to do, at least he is doing something while the rest of us are watching….

    I was responding to "bec", and you ended up debating the issue by supporting the idea that USCIS retaliated because of the July 07. I guess that makes it fair play for people to assume that you are against the original idea. I you consider it to be overreaching to make such connection, I apologize for that.



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  • svn
    03-31 02:19 PM
    This is very useful information. Given the data quoted, my question is: Why is the EB3 allocation for EB3 India only 2306? If the per country quota is set at 7% of 140K EB Visas and this is to be divided uniformly across all three employment categories, shouldn't EB3 India approvals have come to 9800/3 i.e roughly 3266? Actually, the same would apply for EB3 China as well!

    Is this real discrimination against EB3 India/China...or am I just imagining it?Given my 8 year unending wait, I am sure I could just be hallucinating as well :-)


    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf

    Country EB1 EB2 EB3
    India 6672 10124 2306
    China 4999 3046 1027
    S Korea 2311 4991 4001
    Philippines 524 1853 5540
    Mexico 2010 922 3745

    All visa numbers allocated to South Korea are against EB visa numbers.


    _________________
    Not a legal advice.





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  • mariner5555
    03-12 01:38 AM
    Please see the following thread
    http://immigrationvoice.org/forum/showthread.php?p=229630#post229630
    Way to go Singhsa3 ..I for one strongly believe that this has the best chance. I guess in simple terms the world functions in the Give and Take theory. the chances of success are more when both the parties have something to gain. at the very least we (immigrants and IV) would get more support (at the minimum donations, ads etc) from builders realtors dealers etc (if they become aware of this) ..even the latest campaign for admin fix would have had more chance of success if the above had been included. let me know if you want me to help in any way ...



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  • Macaca
    06-11 02:46 PM
    By having the GC, you are not an American.

    If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right".

    Who made this rule? White trash Matloff? or Slumdog Hira?

    Guess what? Here is a new rule.

    All US born D-O-N-K-E-Y-S - like you - holed up in Guild, WashTech, Bright Future Jobs, NumbersUSA, ... will be dumped in FATA, Pakistan.





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  • kavita
    12-11 04:13 PM
    If US does not benefit from giving the visas, are they doing it as a part of social service?
    All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. !



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  • nandakumar
    11-21 02:30 AM
    I also got a letter with same information.

    Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.

    Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"

    Jusy wondering any one got this reply..





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  • g_mat
    09-26 11:00 PM
    Dear Reader,

    Thank you for your interest in FSB. We admit that there was a
    mischaracterization of the Capitol Hill rally in the story and it was
    corrected as soon we realized the error.

    We have changed the story to correctly identify the mission as a protest of
    the long delays in securing green cards for highly-skilled workers already
    in the U.S.

    We will work to avoid errors like this in the future.

    Best regards,

    FSB

    On 9/26/07 10:26 AM, "a.viewer@CNNmoney.com" a.viewer@CNNmoney.com> wrote:

    Mail re: CNNMoney.com reader comment

    send_to:
    fsb_mail@timeinc.com
    subject:
    CNNMoney.com reader comment
    name:
    Gigi Mathews
    email:
    g_mat@lycos.com
    url:
    http://money.cnn.com/2007/09/25/smbu....fsb/index.htm
    detail:
    Eilene,

    Thank you for addressing skilled workers shortage in your article "Wanted :
    Foreign Workers". However the rally held in Washington DC is by Legal Skilled Immigrant Workers ( not mostly legal) to address the delay in securing a Permanent Residency through employment. Majority of the workers are waiting for atleast 6-8 years in the same job on temporary visas, not availing the job progression which their education, skills and experience would otherwise offer on the permanent visa.

    Appreciate your effort in drawing the attention to one of major issues a vast
    majority of the American business is now facing.


    Kind Regards

    Gigi Mathews



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  • Lasantha
    03-07 10:26 AM
    Is it true that in some cases after you file for AC21, CIS would send a RFE for the financial details of the new company (to stablish that the new company can pay you - company tax details).

    I think I heard this on the last IV attorney conference call with Attorney Prashanti. So if that's is true, what if the company does not want to send this kind of confidential information to a third party attorney (your attorney)?

    Or if the company is a big one they may not want to help you with these details at all. You know, they may not want to be bothered with that sort of hassle.

    Have any of you heard of a case where CIS asked for ability to pay supporting information for AC21?





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  • gcdreamer
    03-02 12:01 AM
    To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:

    1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.

    2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.

    3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.





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  • nomi
    12-12 10:19 AM
    Nobody knows whether congressional action is needed to allow I-485 to be filed during retrogression?


    Look, No body know about it. I think we should contact with some law firm in order to find it out from some reliable sources.

    One more thing is what how does USCIS start retrogression. There is no law about it either. This is something USCIs start by it self using "New Rule" option.

    I think Core team should look into it. Since we spend so much energy to calling all Senators and we all know the results.

    USCIS can allow to file I-485 or they can make some rule without going congress.

    Correct me if I am wrong but there is some light in this path for us if we seriously fellow it.

    what do you guys think about it ??

    thx.





    vkrishn
    07-15 06:02 PM
    Interesting that I did fingerprinting only in 2007 Nov/Dec after applying for I485 during the July 2007 fiasco. I have not received any fingerprinting notice since then. Guess I made an impression with my fingers. :)

    I wonder why people are getting fingerprinting notices every year? I read a couple of cases about it.

    Getting my EAD renewed, even though i am not on it. Renewal Package sent to USCIS.
    Getting my AP renewed. Our company Attorney does it even though i don't use it and i am on H-1. Renewal Package Sent to USCIS.
    Getting my H-1 renewed as it expires this Oct 10. Finished my 6yrs on H-1. Renewal Package Sent to USCIS.

    If i get my I485 Approved in August, then USCIS gets all the money from the renewals that were sent for my case.





    reddymjm
    04-23 06:34 PM
    for sharing the news



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