Friday, June 10, 2011

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  • talash
    09-13 09:07 AM
    I want to give u some hope as IV member .My 485 was denied april 18th and found out that it was because 140 was denied on april 21ist.i was thru hell as i didnt get denail notice till may 14th and i had only 4 days to file MTR.as IV seniour members told me ist cause of denail is CIS ERROR.
    try to stay calm and wait for denail notice .after u know why they denied and how can u support ur MTR with supporting docs u dont need to change the attorny .MTR is simpl.U can figure out what u would need .
    my 140 got approved july15th and 485 got reopened .
    wish u luck.




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  • paskal
    07-18 10:43 PM
    even though I am in EB2..from my personal experience, the kind of IT contracts/jobs/assignments we (most of us) do, I dont think there is anything that an EB2 qualified can do which EB3 cannot do.



    i would be very careful about making such an argument.
    if this is true in IT then the opposite argument is perfectly valid (and that is the one USCIS/DOL will accept) - that the folks in EB2 are not doing a job that needs an advanced degree and they should be in EB3.

    and if this is true:

    "If the requirement is genuine then it is ok to give priority to EB2. But in reality(mainly consulting companies) the job requirement is decided mostly in Lawyers office or by candidate just because candidate has
    master degree or 5 years experience."

    then maybe applicants and their employers should start shouldering some of the blame for the current backlog instead of blaming everyone else.

    i have no personal knowledge of this. in my field, there is no question that an advanced degree in needed. in fact, something well beyond it is the standard qualification.




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  • maddipati1
    11-03 04:26 PM
    /\/\/\/\/\/\/\




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  • lost_in_migration
    05-30 06:50 PM
    I wonder at what point of time this "three years of U.S. work experience" applies from. Is it that you should have 3 yrs exp when you applied for labor or is it when you apply for 485??

    would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience.

    That pretty much covers almost all of us in IV



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  • immigrationmatters30
    02-14 07:49 PM
    Nice Post hydboy!! Quick question though, Would you have put the same argument if you have not filed your EAD during july 2007? Guess not..Let us stop this..now.I agree with what you are saying,by the way.

    I hear some people saying childish things like hijacking this thread if anybody says anything different from what they say. What do you prefer, should I open another thread with title "oppose prefiling AOS", nobody wins neither will I or you when somebody does that. Please tolerate others views then they will tolerate yours.

    Without strengthening AC21 if you allow everyone to file AOS then anti eb folks like Grassley, Sanders, Sessions, Durbin will move from targeting H1b to targeting EAD. It takes 6 months to get Perm approval, with pre filing AOS everyone can get EAD in 6 months, anti eb folks and USCIS know that people will be jumping to EAD to escape H1 crackdown, what do you think they will do, they will add amendments and Bills to put restrictions on hiring EAD just like they put restrictions on hiring H1b. We cannot make EAD into another H1b like hell.

    Prefiling should be done to give relief to people who missed July fiasco only after
    1. Remove\dilute same similar job requirement
    2. Make sure EAD is extended without any rfe. USCIS will invent thousand things to issue rfe, EAD should be in a different league to h1 and it should not turn into another h1 where you are slapped with rfe left right and center. Example Pay stub rfe, ability to pay rfe, customer Purchase order RFE etc etc etc, Green card holders don�t have any problem working in these same jobs so why should EAD people face this nonsense (otherwise it is just like h1). Before people complain this will become like a green card, lets me answer in advance, if a person from ROW can get his green card within 12 months of coming to US, why cannot people from India\china who have worked in US for the last 5 to 10 years get the above mentioned relief on EAD. EAD should be superior to h1.the only restriction should be you should work in the same field, i.e. if your labor certification is for Software engineer, programmer analyst etc , then you work in a software related job and cannot become a greeter in walmart :-)

    Without strengthening EAD\AC21 with the above mentioned items you are turning EAD into just another h1.If we push for prefiling AOS without strengthening Ac21 it is a big disadvantage and slap on the face for all the people with older priority date. Because of July fiasco when everybody got current and filed for AOS, USCIS issued GC to people from 2006 leaving behind people from 2003, 04 and 05. USCIS should have gradually moved the dates from 2003 to 04 to 05 that way people with older PD would have got it first. With prefiling AOS it will become a lottery like in August 2008 where 2006 PD got GC over 03,04 and 05 in eb2. Safeguards have to be put in place for order of priority date otherwise USCIS will indulge in this lottery mode and excuse there behavior by claiming they did this to save visa wastage.




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  • saimrathi
    07-03 03:40 PM
    You probably mean after July 1?

    Don't panic.

    That "WOULD" be coming in after July 2. WOULD. Not "will" but "would". Hypothetically speaking.



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  • ncrtpMay2004
    03-26 12:23 PM
    Just to add.... porting process is legit for EB-2 as well. EB-1 is current now. :p

    ***
    The Indian CRAB is the story of how a fisherman kept a basket with crabs, uncovered. When asked, he replied " They�re Indian Crabs - If one tries to climb out, the others will pull it back in, hence there�s no need for a lid "
    ***
    The Indian CRAB - Contribute - MSNIndia (http://content.msn.co.in/MSNContribute/Story.aspx?PageID=222e21f3-f981-4a9c-9f9b-a5706f249433)



    Porting process is a legit process and for well qualified EB-3 india folks thats the only ray of Hope.

    You can rant about it but noone going to stop the porting process becaue the folks who initially filed under EB-3 are now eligible to get Job promotions , new roles and responsibilities in their Career and in some cases new Sr. Job positions which are qualified EB-2. By the way they do file new PERM labor and new I-140, it is not a automatic qualification just based on number of years waiting in the endless EB-3 india queue.

    Under the current circumstances where EB-3 india doesnt get any spillover numbers or any such relief like VISA recapture bill, do you expect them to go behind the lines with new EB-2 PD? What about the wait period in the backlog centres, in the PERM process and for few I140 stage waiting period? Its the law and people are following it. You can try porting to EB1 if you are qualified enough and port your EB-2 PD to EB-1.

    Just because you are qualified initially for EB-2 doesnt mean others are inferior and they are not eligible to port to EB-2.




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  • somegchuh
    07-20 04:20 PM
    Can someone confirm if you can maintain accounts in the US after you leave. That sounds very dumb. I want US to keep my money and they don't want it?

    I understand that after Patriot Act you can't open accounts in US without SSN but I think you should be able to keep your account because that SSN is assigned to you forever.


    Withdrawing funds from 401K before retirement is not a good idea. It is best to rollover the funds into an IRA at your bank.

    By the way, after the Patriot act is passed, you can not maintain financial accounts in this country after you leave if you are on H-1B. Uncle Sam is afraid you will be financing Terrorists. Another sucker punch. Take it like a (wo)man. :D :D

    Should we not ask for exemption from these forced penalties imposed by Government?



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  • tawlibann
    03-20 10:53 PM
    I don't understand the confusion. Didn't Ron mention in an earlier post that the DoS guy who makes cutoff decisions said that all new EB-2 India visas will only come from EB-1 unused numbers?

    Doesn't matter what Ron thinks - what matters is what DoS is planning to do.

    I may be wrong, but I think he retracted this opinion.




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  • I_need_GC
    06-30 05:20 PM
    If USCIS realizes their mistake and revokes an approved I485, will they also take the necessary steps to restore the previous status of the applicant? i.e. H1/H4/AOS/EAD or what ever the wrongly approved person had prior to the approval mistake?

    I am also worried. I called my attorneys office to inform them but of course like always he is in a meeting. I am sure this was an error but I am hoping its not call me optimistic but I like the smell of green card :)



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  • perm2gc
    12-05 11:38 AM
    How can you say there is no stress for the person working at home, raising the family?

    The poor H1 soul is constantly over-stressed as he is supporting a spouse and a child or even two children.

    Imagine how the H4 spouse feels...he/she cannot do a thing to alleviate frustrations of his loved ones as her hands are tied..
    I deeply care for my husband and I had lived through some agonizing days in the past when he was out of work, without salary etc..knowing how much he is in pain himself as everyone and everything depends on him, literaly....

    We will be moving away soon 'cause we care too much for each other's happines to continue to live in the circumstances where we only suffer ...
    I second you on that.But we must keep in mind,we know the law before coming here .Every immigration lawyer wants H4 law to be changed but, you know "USCIS".. they have handsfulll.




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  • gk_2000
    03-28 05:55 PM
    Was hoping people could take this post in a lighter vein, apparently not:)
    If it helps any...("nahi bola tho suntha nahin?")
    YouTube - Hyderabadi Mushaira comedy (http://www.youtube.com/watch?v=7qEoCinCkK0&feature=player_embedded#at=272)

    Sense of humor? You out of your mind? Here people lack in sense, then where will sense of humor come from?



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  • nogc_noproblem
    10-05 11:04 AM
    I am from Auburn Hills, Date: 10/20; Location: Troy Recreation Center; Time: 10.00 am; ok to me.

    Count me in...




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  • GC08
    06-02 05:07 PM
    This sounds unfair. Because of the backlogs, you have waited 6 years. Now you got laid off and you lost everything. Would that be the situation if there was no backlog and you were able to get your green card within, say 2 or 4 years?

    I think those government agencies should take responsibilities and compensate for your loss.

    Anyone thought about that?

    :mad:



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  • neel_gump
    09-06 04:05 PM
    YES Baby!. I am making it to the Sep 18th DC Rally. I am also bringing my parents (who are visiting US) along with me to the rally. So, total count is 3.

    Initially, I was planning to take them to just NYC. Now I changed plans and decided to show them DC as well. Since we are talking about Washington Monument and Capitol Building, I don't think they will mind at all :).

    Go Fellows Go...




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  • AllVNeedGcPc
    05-18 02:13 PM
    Sent an email to all friends and colleagues



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  • Sachin_Stock
    06-12 07:51 PM
    I am an EB-3 I and I do agree with lots of Eb-2 folks over here. Eb-3 folks can contemplate of moving on and apply fresh labor/140 and port to Eb2.

    Nobody can stop you from getting your stuff straightened up.




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  • Sunx_2004
    03-26 11:52 AM
    Agree..
    Only people with PDs before 2005 know the pain of wait at backlog centers,
    If there was no PERM...lot of EB2 guys (including those who oppose porting) with priority 2005 and later would have missed window of July 2007


    Porting process is a legit process and for well qualified EB-3 india folks thats the only ray of Hope.

    You can rant about it but noone going to stop the porting process becaue the folks who initially filed under EB-3 are now eligible to get Job promotions , new roles and responsibilities in their Career and in some cases new Sr. Job positions which are qualified EB-2. By the way they do file new PERM labor and new I-140, it is not a automatic qualification just based on number of years waiting in the endless EB-3 india queue.

    Under the current circumstances where EB-3 india doesnt get any spillover numbers or any such relief like VISA recapture bill, do you expect them to go behind the lines with new EB-2 PD? What about the wait period in the backlog centres, in the PERM process and for few I140 stage waiting period? Its the law and people are following it. You can try porting to EB1 if you are qualified enough and port your EB-2 PD to EB-1.

    Just because you are qualified initially for EB-2 doesnt mean others are inferior and they are not eligible to port to EB-2.




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  • chanduv23
    05-29 11:05 PM
    Folks - I would just say - we must not look into things through a "convex mirror". racism and discrimination are big words and knowingly or unknowingly people do treat each other differently at different times and in different circumstances.

    Most folks here are Indian and being indian we always feel that a Eurpoean looks down upon us.

    When you have a wonderful "Air India" - why bother to even talk about other arilines? When you live in USA where everyone is treated the same - why bother about an 8 hour flight where air hostess was not pleasing or something else.

    On Another note I have seen people claiming "Air India" as lousy toilets, useless old flight attendents, - I have seen people treating these flight attendents with attitude - finding fault with them etc.. A westerner will not do this.

    I travelled in Air India this January and I can ONLY say - I loved it. I travelled in Delta, Lufthansa, Kuwait, Emirates, KLM etc.. and Air India was the best - just because I felt very nice about it. I liked Delta too.

    Now, coming back to attitude - Air Hostess - some of them do have a lot of attitude - this is common among all airliners. I remember one air hostess who was anoyed with my kid as she was crying loud and I heard her saying to another passenger "I am getting a headache" - but then there were some air hostesses who actually played with my kid - gave her lot of stuff to eat and play, one of them even took pictures with my kid.

    Now - lets discuss the issue - the airline put all Indians in a lounge because of visa rules - lets not blame the airline here. Indian govt MUST take it with France fovt and work out something that helps Injdian nationals transitting through France. To do such a thing, Indian govt must have a pressing reason and for that - regular travellers to Fraqnce must express concern and let govt know how beneficial it is to both Indian and France.

    On another note - I see so many people love to talk about airlines and how people are treated, i would recommend that we open a thread for each airline and post some genuine issues with airlines like Transi visa issues, attitude probllems, rude behaviour, missing baggage, bad flights etc.... we can even write good things if we come across.

    It is natural to bad mouth people or things, we cannot expect everything or everyone to be like what we expect - we can atleast expect that it is just the way things are.




    nagamani
    06-11 06:29 AM
    These small movements does'nt make much difference. It may get retrogressed any time.
    I feel DOS / USCIS /Nclex are trying to attract new applicants. This year very few had taken Nclex. These people are in greed of money, they are even planning to increase fee for green card.

    This is my view

    Naga




    Michael chertoff
    03-27 05:46 PM
    Dear All,

    All the infigting and ranting we do, only creates a lot of negative energy and negative vibrations. People will continue to do what is right for them and normally try to be in the right side of the law. There is no point discussing about this.

    Let us all be clear that within the next year, despite the spillover, both EB2 and EB3 will get absolutley clogged - I expect EB2 and EB3 nos to become more or less equal and clogged. This situation is not going to benefit anyone.

    The only possible thing is to try sincerely for some legislative relief, unitedly. Everyone knows that it is like moving a mountain. I spoke to many friends about IV efforts and tried my best sincerely to raise money for advocacy. It was a futile exercise. I felt so sad to realize that everyone I spoke to, was cynical and said that nothing would work out in our favour. Under such circumstances, it is essential that the very few who are committed to work stay united and sincerely try! For most of us with grown up children, this is the only way! Like it or not!

    Why cannot all of us atleast make a small contribution for the advocacy? What is the problem?

    Again, as a person who is seriously stuck in this mess with children on the verge of completing high school, I have very little options left. Most of the good colleges are NOT willing to consider "aliens" like us eligible for instate (local) tuition. Did anyone think of this? All of us will have to pay international fees! Who can pay $ 50000 per annum? Under the circumstances, please note that many of us will have to return to India or atleast move our families! I wrote a letter to my Senator about this and I got a response saying that he cannot do anything about it. Please think about all the consequences before wasting time on endless EB2 - EB3 fights!

    I also want to repeat what I had said a few months back. No immigration system that is not time bound is fair or transparent. With all the sincerity at my command (I have nothing to gain in the process) I would request youngsters in their early and mid 30s to seriously consider options in other "First World" countries which have time bound immigration programmes for highly qualified immigrants. It is an endless wait here.Do you want to spend the next 10+ staring at the visa bulletin very month? . I do not want my junior countrymen to commit the mistake of sinking in this quagmire. With due respect to all the hard work of gurus like Teddy and others, I still feel that it would take about 12 - 15 years for anyone of us waiting beyond Jan 2007 (though I do not wish for it). What would be the state of the economy then? Any thoughts?

    High time we stay focused and use this forum in a positive way!

    May the SUPREME POWER bless the Indian EB community!

    What is the guarantee that spillover will happen. I agree with your post. we all are stuck in this mess. sometimes i feel that , Coming to USA was a bad decision for me.. now its too late after spending 10+ years here.

    MC



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