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  • makemygc
    07-07 09:01 PM
    ---
    Just came back, here is my report:

    - There were five Chinese and seven Indian people at the march. It was small fun group.
    - The group was small but the outcome as you will note from my report below was productive
    - Fighnow, who is the Chinese member of mittb.com had initiated this 7th July march, because of the short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
    - Fightnow, and his friends were fully prepared with big banners and all, with appropriate slogans
    - In the beginning there was some police presence but they left an hour later, I guess because of a small group
    - We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
    - Luckily a Chinese TV station happen to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
    - The parking is free on weekends.
    ----------------------
    What we need to do is:
    - Organize a bigger march on 14th July
    - Organize a similar event in DC if possible so get more mileage
    - Prepare some banners and placards etc.
    - Bring water, it was warm
    - Have fun
    -----------------
    Let me know if you have any questions or suggestions

    All kudos to you guys. Hope we can organize a bigger rally in DC sometime soon. Time to come on the roads now. People needs to know.




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  • johny
    09-06 01:16 PM
    No receipts yet. My file reached NSC on jul 9th. shows TSC is processing jul 2 cases. NSC is also processing some jul 2 cases.




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  • imneedy
    08-30 08:36 AM
    Ha ha Congrats....

    Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(

    Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")

    me too in same boat. :) In my case USCIS have wrong priority date on my case. On their records it somehow shows Jan 2006, while it should be Jul 2003. I have tried to get it resolved but they haven't done anything about it [had tried Ombudsman (7001), Senator, congressman, SR etc]. Funny thing is even the incorrect priority date is current now. And still waiting for GC for over a month :mad:




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  • jindhal
    09-23 05:09 PM
    Based on the same language English that you have studied, and I have studied, the term 'That' refers to Eb-3's PD. One cannot just throwaway all the merit earned on Eb-3. Which precisely what you are asking one to do.

    Porting is a right justice served. Of course, not everybody are eligible for that.

    You are entitled to your opinion on this matter and so am I. Nobody is asking you to throw away all the merit earned in eb3 you get to keep your priority dates in the eb3 category. That way if eb3 ever becomes current you still get your green card.

    The other point that I am trying to make is that the core keeps complaining about how the IV members do not help in advocacy and in any grass root efforts, I am not sure about the other eb2 applicants but I think I can safely say that for most of them, the IV agenda items are geared towards helping the entire EB legal immigrant community but when it comes to porting the entire IV community (including the core) condones anyone who supports porting and lashes out at anyone who doesnt which just makes me believe that this is more like an IV - EB3 rather than just IV.



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  • rameshk75
    10-03 08:17 AM
    My status on CRIS has changed. No emails. Its says my approval has been sent. But nothing about the card. I spoke to the CS and they said my biometrics have to be uploaded. In the mean time can I get my passport stamped?


    One of my friend was in your situation. He got the I797 stating that 485 was approved. He took infopass and got the passport stamped. Hope this helps.




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  • sanhari
    07-21 11:24 AM
    Use this forum strictly for discussions on support of EB spillover usage based on priority date. Others please look for other appropriate forums for your discussion. Not meant to hurt anybody's feelings, but to keep focused on the purpose of this forum.



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  • BharatPremi
    12-16 01:01 PM
    " Hope abides; therefore I abide.
    Countless frustrations have not cowed me.
    I am still alive, vibrant with life.
    The black cloud will disappear,
    The morning sun will appear once again
    In all its supernal glory. "

    Courtsey: Sri Chinmoy




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  • JunRN
    08-31 07:57 PM
    I am not against this rally...people with time and resources must go to this rally.

    I am in F1 with no income...all I can do for you is to solve my own worries and not a burden to you!



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  • susie
    04-24 05:28 PM
    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul



    I am so truly sorry to hear of the passing of this gentleman and why there just has to be a compassionate visa introduced.

    My dear husband passed very quickly with this horrendous illness, my prayers and thoughts are with the family, god bless




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  • Pineapple
    10-26 11:55 AM
    Thanks for clarifying. At first glance, the points you propose seem eminently reasonable and cannot be disputed. However, the real issue here is not what we "should" but what we "can".

    Re contacting NumbersUSA and FAIRUS, do go ahead but I'm certain there is no chance of them holding hands with us and singing 'Kumbaya'. The discussions and postings on those sites look like they have been written up by "Ed Anger" of the World World News :D

    And re toning down immigration bills to our advantage, you have to recognize that the primary issue is not that a bill will be passed which will not be optimal - the issue is whether any bill will be passed at all.

    Hi Pineapple,

    That is my favorite fruit !

    Very simple.

    1. We should focus our resources and lobbying efforts to tone down immigration bills on our behalf. Spending our money to go there and put one more soul to say to Sen. Specter "vote for this bill" does not cut it.

    2. We should use our lobbying resources and connections to contact decision makers from NumberUSA, FAIRUS.org and other major organizations and communicate our plans. We should clearly adopt a position against any bill which supports amnesty and offer a sensible, reasonable and fair quantitative increase in Employment Visa numbers. An example of reasonable proposals would be temporary increase of visa numbers, elimination of visa lottery and reallocation of visa numbes to EB, visa number recapture.

    Thanks for asking.

    The Ombdusman



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  • GCplease
    07-07 12:25 PM
    I live in Virginia Beach. I am willing to come to DC if a rally is being organized there. Please let me know the details.

    Jag




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  • desi3933
    07-10 12:31 PM
    @desi3933:

    What's a "bona fide" job? Where did you see that a job needs to be"bona fide?"

    Also, if you're self-employed, why can't you show that's a "legitimate" business? Who's asking for a business plan--and why should that be difficult to make if you're self-employed? Please, let's not *assume* things. We should base our opinions only on facts and evidence.

    Are you suggesting that AC-21 job does not need to be bonafide?

    First you claimed that AC-21 job does not need to be permanent. Then you claimed that AC-21 job does not be same/similar to labor/I-140. Now you have changed stand on these two after seeing one RFE example.

    Now, you are saying new AC-21 job does not be bonafide. Do you even read what are you saying?

    .



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  • raybarrone
    08-13 05:02 PM
    It is a hard fact but I guess I do not want to scare anyone. If you notice some people have got their JuLY 2ND filed cases receipt # and most of them have a Notice date of 08/04/2007 (the guys who got their receipt #). This notice date is the day the Receipt was generated. So today is 08/13/2007. It seems that USCIS is delaying this process of issuing receipts as that will give them a chance to reject applications after 17th. So I guess we should brace ourselves for rejection notices also......




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  • neerajkandhari
    10-09 09:08 AM
    I am july 2 filer

    I believe 180 days are over around 31 dec 2007 for using AC21

    I am planning to quit my job and go to india for max 3 mnths

    I have a job offer and they are ready to hire me from 1 april 2008

    what precautions should i take so i dont have problems while coming back

    I am planning to use AP for travelling and EAD for working



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  • spulavarthi
    09-03 04:19 PM
    I got the welcome notice in mail.
    I got the cards in the mail.


    I did not get the 'approval notice' yet(mailed on aug 22).
    Does it matter?

    sk2006,

    Can you provide more details about you PD, RD, ND, category and did you see any soft LUDs before you received your cards in the mail?

    Srini.




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  • PavanV
    08-18 02:13 PM
    Hi,

    This is my first post to the forum, and i am not if this is place to post ?, i have two years left on my H1 B (into 4 yr) and my company is going to file for my labour this year (Hopefully) in EB2 category. I would like to support the community, I am in favor of HR 6039 for STEM and also EB3 category.



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  • rtarar
    07-02 08:37 AM
    Sent on Jun 30 to reach on 2'nd July.




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  • reddymjm
    06-15 10:27 AM
    Receipts only recieved by lawyer? Will benefeciary get any updates?
    My colleague sent it on JUN 7th and got his receipts in mail yesterday and the receipt date was Jun11th.




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  • gch
    05-28 12:13 PM
    emailed 10 + 2




    bkam
    06-26 12:59 PM
    This and many other threads have undoubtedly a huge racist component and we urge the administrators to quickly remove them.
    You don't deserve to get a green card!
    What is the difference between that anti-mexican speech and Sensenbrener's & Tancredo's theories?:(
    We could say" We are not going to worship cows and take ritual baths in dirty rivers..."
    Shame on you!
    Dear mpkmaster, it is easy to ignore facts and throw stones like "your are rasist". And it is not easy to face the reality. Since you are so smart, I would like to ask you some questions:
    1. Why there are long immigration lines in the US, Europe, Australia, Canada, Singapore etc, and almost none for Mexico, Latin America, Middle East etc. Maybe because these countries a full of "racists" ?
    2. Tell me why some some people/countries can manage their economy and become attractive centers for immigration and other are just hell holes. There is a huge difference between Japan, S. Korea, China and N. Korea and they are populated by the same race - what has racism has to do with that ?
    3. Why did you immigrate from your own country?

    I will tell you one thing - due to my profession I have visited most countries in the world, including India. And definitely have a better understanding what is racism, what is protectionism, what is laziness, stupidity etc. Do not hide all these behind "racism", won't work...

    Come on, Admin, delete quickly this "racist" evil message :-)




    EB3_SEP04
    08-13 06:18 PM
    Hi,

    My employer filed my wife's and my EAD paper based application on Jul 25, 2008 (TSC Received Date). But I still haven't received the Receipt notices for the same.

    Generally how long does take to get the receipt notices?

    Please let me know if any has filed around same date and received the receipts?

    Thank you!

    my app reached on 7/1, Recieved receipt on 7/11 with notice date 7/7. Remember 7/4 was a holiday. 8-14 calendar days is the most common i have seen for receiving receipt. Ask your company's lawyer if the checks are cashed yet, if yes try to get the receipt # from the back of the check. When my first EAD was filed last year, our corporate lawyer had sent me image of back of the check.

    Good luck!



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  • kshitijnt
    05-01 12:15 AM
    I think EB3 India will move to Dec 2004 by end of this year. (crossing my finger and praying hope this will come true)

    By the end of this year If they haven't made any significant movement in EB3 India We should seriously look into filling a lawsuit for country discrimination. Seriously I'm surprised no one is looking into filling a lawsuit for this endless country based discrimination.

    I can't think of any other solution for this mess. Watching the house hearing made me sick they can't even differentiate GC visa and H1B visa.

    I would be happy if EB2 India gets upto Dec04. Forget EB3. Also any lawsuit is only sustainable only if its properly funded, well represented and there is wide public support if you expect the class action status. Mr Rajiv Khanna filed a lawsuit for 485 backlogs and its class action status was denied by the judge which I personally think was a biased judge and later USCIS quickly approved 485s of plaintiffs making lawsuit moot.




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  • Sachin_Stock
    09-23 04:54 PM
    When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date.

    Based on the same language English that you have studied, and I have studied, the term 'That' refers to Eb-3's PD. One cannot just throwaway all the merit earned on Eb-3. Which precisely what you are asking one to do.

    Porting is a right justice served. Of course, not everybody are eligible for that.




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  • santb1975
    06-28 01:47 AM
    I will post any Jobs that I come across that only ask for US citizens or GC's


    While we keep hearing the rhetoric about "H1B-only ads" by anti-immigrant groups, there is absolutely no news about thousands of "US Citizens only" or "US citizen or GC onl"y ads that we see every day.

    While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.

    Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.

    ------------------------------------------------------------------------------

    Hi:

    Greetings for the Day!

    This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.


    Rate: $42/ hr during the contract
    Job Title: Java/ J2ee Developer
    Location: Warren NJ
    Duration: 6 Months Contract with possible extension

    Client for this position is looking for Only US Citizens

    Strong J2EE, Java, Struts, Oracle resumes right away
    Plus: Spring and Hibernate


    Regards
    Ruby Roy
    Technical Recruiter
    Charter Global, Inc.
    Toll Free: (866) 570-1818 X 337
    Fax: 404-745-8755
    E-mail: Ruby@charterglobal.com
    URL: Welcome to Charter Global Inc. (http://www.charterglobal.com)

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  • anilnag
    05-02 03:55 PM
    in contributions and in any thing else... I started contributing even before lot of people here heard about IV.

    Ask a few more to give me red... I will be happy to get more for saying what I said.



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  • gemini23
    09-27 03:57 PM
    got my receipts today.

    Case Details:
    i-485/EAD/AP sent on 7/25 and reached NSC on 7/26 for my self and my wife.
    i-140 still pending at NSC.
    Got the receipts for all 6 cases from lawyer today.
    i-485 for me and my wife got transfered to TSC and pending.
    Case status shows Received on 7/26 and EAD approved for me and my wife from TSC on 09/26.
    AP pending in TSC.




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  • gc28262
    02-10 10:37 AM
    Sent $25 by DCU bill payer: Conf# 8MWJ0-YG7FV



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  • kshitijnt
    07-09 01:22 PM
    well, the question then would be, has anyone been denied after presenting an EVL which states the employee is a consultant ?

    Getting a letter is not a big deal. What if I am a full time consultant in that company?




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  • ghost
    06-21 10:03 PM
    GCBy3000,

    You cannot quote a post which is day old and ask the question "what are the hearings for?". Apparently the post you are quoting is made before the news came out that the hearings will be held. Is this GC thing getting on your nerves:)

    Good if it happens. But when? What makes it to say it is dead for the lawmakers. If it is likely to be dead by the end of July, then what for the hearings in the month of august before the next recession? No hopes for anything, until something is signed by the president. Any new BILL, agian the same senate, congress, commitee process and KILL it at the end. Hmmm it is just my frustration and I am not blaming anyone. I am there to fight till the end(?? I dunno where the end is though).

    Now to the big question, as of today, what is the status of CIR Bill. The hearings will be held in the month of August (House Folks are planning to call in the Senate Members to testify in these hearings, which is impossible because the Senate will be in Recess in the Month of August).

    So the most optimistic guess would be that the hearings will be stretched into September. In October, the Senate (I'm assuming even the house) will go on recess again for the elections in November. Once the hearings end (September) and the elections end, depending on who will control the majority, the CIR bill will be brought into day light. The reason I say this is because CIR is the only way, as of now, they are dealing with the border problem. They have no choice but to address the border problem, for security reasons.

    So the CIR will be discussed again, optimistically, in december. The House will name the conference committee members and schedule the conference committee. The conference committee may meet and discuss the differences in December/January. I'm confident that both chambers of congress will be more comfortable to deal with CIR after the elections. As I have said earlier, they have no choice but come up with some kind of border security legislation out of the conference committee. Optimistically, CIR may become law by next summer and it would be helpful for us, if our provisions survive the storm.

    I agree with the "Passing under the radar" philosophy put forward by IV Core Team. Our best bet is CIR compared to other explicit bills like SKIL. Besides, if I understand SKIL correctly, it benifits only folks with Master's degree in US and 3 years of work experience in a related field (I do have this). So that is not a comprehensive solution for IV members.

    The anti-immigration and outsourcing sentiment is high in this country now. Also, the corporations are only lobbying for H-1B visas. They will never lobby for GC's. It's against their interests for us to get GC's. So we, the GC seekers, are on our own. IV membership is below 5000 and our contributions are around 130K. IMO, this is not enough to influence the president to sign an emergency relief bill (someone suggested this) or even lobby the Congress for explicit bills like SKIL.

    The best thing that we can do as of now is to get personally involved in recruiting more members for IV. I've pledged to myself that by the end of July, I'll ensure that I'll recruit 10 new members for IV. If we can get our membership atleast close to 50000 by the end of this year then we can make some significant noise.

    So our options are:
    1) To wait until next summer for CIR
    2) EB3 folks with PD's as 2003 or higher, try to find a new job and file as EB2
    3) EB2 folks with PD's 2004 or higher, try to find a new job that'll file for GC within 6 months
    4) People who are in 7/8/9 years extensions of H1-B, consult good immigration lawyers and weigh in your options. The worst case scenario for you is to stick with your current firm as long as it takes for your GC. But there is no harm in trying, you may end up finding other viable options.

    Long post, huh? This GC thing is getting on my nerves too:)

    Peace Out!



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  • gc28262
    06-28 01:04 PM
    Do a search on Dice with Citizen as the keyword. You will find lot of openings with Citizen and GC only requirement.




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  • vbhup2
    11-17 04:12 PM
    Done plus 5 friends plus status with link on fb.



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  • pd052009
    09-23 01:50 PM
    Dude... Whatz up?

    If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..

    "EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.


    EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

    EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

    Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

    P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.




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  • jgh_res
    07-20 10:34 AM
    Keep it going and bring out Aman out of this mess.

    $100 from me.

    Recurrent contribution $ 50.



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  • hope_4_best
    06-20 09:17 PM
    http://www.msnbc.msn.com/id/13446357/

    WASHINGTON - In a defeat for President Bush, Republican congressional leaders said Tuesday that broad immigration legislation is all but doomed for the year, a victim of election-year concerns in the House and conservatives' implacable opposition to citizenship for millions of illegal immigrants.

    "Our number one priority is to secure the border, and right now I haven't heard a lot of pressure to have a path to citizenship," said Speaker Dennis Hastert, R-Ill., announcing plans for an unusual series of hearings to begin in August on Senate-passed immigration legislation.

    "I think it is easy to say the first priority of the House is to secure the borders," added Rep. Roy Blunt, the GOP whip.
    ................




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  • abq_gc
    08-18 03:00 PM
    you manage people with a stick ?? :)

    All we are asking is to support some kind of action against the USCIS...
    we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something

    we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...

    for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3



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  • BharatPremi
    03-28 11:20 AM
    You have predicted that EB3-India cut of date would become June 2003. But your PD is July 2003. Usually people do not predict that way. They predict their own PD would become current pretty soon.:D

    Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)




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  • ksam75
    07-02 09:57 AM
    Attorney shipped the package on June 29th. This is what the FedEX website says:

    7:40 AM At local FedEx facility LINCOLN, NE



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  • Suva
    08-13 11:40 AM
    If it's a july filler then there is a chance of getting rejected because it reached there on June 30.

    Hi all,

    Our papers were mailed on 29th june 2007 by overnight mail and reached USCIS(Nebraska) on 30th june 2007.

    EB3,priority date

    vaishu




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  • alterego
    12-12 05:50 PM
    That is exactly my point. I mean even if the H1B quota DOES increase, is it more harm or good?

    The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.


    Let me tell you how it can affect you. In an ideal system it will not affect you, but in this one you can't say.

    There are folks here who arrived 11 yrs ago who do not have a green card yet. On the other hand there are those that came in 2002 who are sailing pretty. The fact that this is happening and that FIFO is a fallacy, that is proof that it will hurt us.
    Here are a few reasons.

    1)More H1bs coming from non retrogressed countries will keep siphoning off the visa numbers and limit spillover which we desperately need absent legislation to get out of this hole.
    2)As long as the crazy practice of Labour Subs continues, there will always be those youngsters who arrive, grab/buy/are peddled a Labour Sub. cut to the front of the line and move on, while you and I sit sobbing at our fates.
    3)As H1bs coming here and not getting green cards becomes entrenched in the minds of employers, they will see you as such and be reluctant to sponsor you for a green card. H1b changes into a vehicle for short term workers much like the J1 visa for resident physicians.
    4)L visas are frequently converted to H1bs as a precursor to green card petitioning.




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  • makemygc
    08-01 08:44 PM
    Up until July 29, 2007 (incl.) when sorting of files was going on, NSC did a load sharing of files with TSC. (and btw they did not look at where ones' I-140 is adjudicated when making the selection, it was random. I know several such cases)

    This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
    Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).

    In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.

    On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!

    CA and NY were the two states which were always backlogged during those bad old days of labor processing. Now, CA application goes to TSC and NY goes to NSC and that might keep both the centers balanced going forward.

    But I think rather than dividing based on the states, they should rather do a load balancing based on the request coming..just like our network works :)
    Load balancing can be simply based on the round robin fashion..one goes to TSC other goes to NSC and so on.
    How difficult is to build that kind of system and to keep it balanced and fair for all.




    aquarianf
    04-24 11:29 AM
    Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.

    As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"


    Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.

    AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.


    Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
    just make the employee sign it to restrict him from making better living and not give anything in return....


    Seems like these things are favourable to all the h1b employees.
    If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.



    can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?




    anzerraja
    07-20 10:14 AM
    Zooom

    http://spreadsheets.google.com/ccc?k...U3Fn9GTQ&hl=en

    Can you PM me your email id so we can work out the things with this thread.


    Yeah sure we can extend this till monday..Is somebody keeping track of people and their pledge amount?



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  • ireddy
    11-18 02:44 PM
    DOne




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  • maine_gc
    07-19 09:08 PM
    I will pledge $100 for this drive




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  • diptam
    06-27 10:33 AM
    May end i had 11 day bench but they paid in full... They are good in some aspects that's why i stayed with them for 2.5 yrs....

    But signing a binding contract for an indeterminate period ( I yr after GC)
    is making me worried !!


    If you are consulting and not getting bench period salary, try to be out of project for some time and ask him to pay for that period. According to H1B he supposed to pay the salary. Probably at that point he has to let you go.




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  • asdcrajnet
    02-09 02:14 PM
    Guys,

    why are u arguing whether to go back to India or not, just go if u want to or else stay and keep quiet..

    There is no need to wash India's dirty linen in public here.every country has their own issues, that includes US as well.

    Admin, can we please DELETE this thread and be done with this.

    Moreover why cannot a person going back to india just go back quietly instead of posting it here unless he has issues been stopped as the Immigration counter in India.

    I just put it in the Interesting Topics section. I think it is easy for you to ignore it instead adding 10 lines of comment.

    Peace...



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  • 485Question
    10-04 06:23 PM
    Any applicant here who received the finger printing notices after Oct 1st.




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  • fetch_gc
    10-03 11:01 AM
    Quote:
    Originally Posted by Rohan99
    If you are still waiting then please add your name

    Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,

    July 3rd at 9:03 received by R.William
    --------------------------------------------------------
    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1

    July 5th
    ------------------------------------
    chalamcharla

    July 16, 9:00 am at Nebraska signed by R Pitcher
    --------------------------------------
    viveckj99
    gcspace

    July 16, at 11.16 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    fetch_gc


    Please see signature for more details.Thx-- fetch_gc



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  • MunnaBhai
    02-04 05:18 PM
    Contributed $100.00
    Transaction # 2S237431VK1821121

    Will contribute more.




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  • nousername
    01-30 05:38 PM
    Thanks for your suggestions and comments but we don't need H1 anymore.. She is using EAD.



    Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).[/QUOTE]



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  • mirage
    03-09 02:38 PM
    Guys everybody has a story, in my area Labors were getting cleared in less than 1 month in mid of 2003. When my attorney filed my labor and we didn�t hear on it for 3 months, my Attorney called up the local labor dept. they told him that the person who used to do foreign labor certs met with an accident and is on extended leave, It took 13 months for the local office, by that time BECs were born, retrogression�..




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  • kshitijnt
    07-09 02:05 PM
    damn the attachment. Sorry buddy I tried cant upload here.



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  • suresh1
    08-20 09:29 AM
    140- approved by TSC 6/06
    LUD - 7/28/07
    485 - sent to NSC on 7/03..
    No response yet..




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  • xyz_123
    07-21 09:58 AM
    Where can we find a copy of the document that is used by USCIS to interpret the spillover rules?



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  • hsingh82
    11-17 03:21 PM
    Thanks!




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  • vbkris77
    05-04 08:09 PM
    OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.

    Below is the link

    http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782



    TITLE 22 - FOREIGN RELATIONS

    CHAPTER I - DEPARTMENT OF STATE

    SUBCHAPTER E - VISAS

    PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

    subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS

    42.32 - Employment - based preference immigrants.

    Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.

    (a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.



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  • Siboo
    08-09 10:17 AM
    My lawyer told my checks cashed today. My details
    EB2 -> PD Sept 2003
    I140-> Applied to NSC-> Approved by TSC->March 2007
    I485->Applied to NSC -> Delived to NSC on 26th June-> checks cashed on Aug 9th by TSC

    Anil,
    Did you notice any change in the LUD of your pending or previously approved cases??




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  • kdprasad
    08-13 07:48 PM
    The checks were submitted by my attorney and I am sure they might have cashed but I can not say for sure.

    BG I got receipt numbers but the checks are not cashed yet.

    PD - Jan 2006
    I-140 - Nov 2006

    485 Filed - July 2nd 11:30a.m
    Receipt Notice -- August 10th (Received on 13th, But checks not cashed yet :)



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  • umndude
    09-24 03:02 PM
    Abuse can happen as long as there are desi consulting companies. Major companies in silicon valley does not file for an EB2 unless salary is > 95k and unless they advertise M.S. + 2 years. How many desi consulting company jobs are really EB2 jobs? Think about it.
    Abuse happens at all places
    EB1C
    EB2 desi consulting (new or porting)

    The latest trend is, leave current job where they filed an EB3. Go to desi consulting company, file for EB2 with old priority date. Get GC. Come back to old company with hike and of-course GC.





    Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.

    As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.

    And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.




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  • Jerrome
    08-15 11:55 AM
    Documents Mailed : July 17th 2008
    Documents Received : July 18th 2008.

    EAD Approved on August 14th 2008 for me, For my spouse still pending. My EB2 PD is current.

    it means no luck this time for GC, i guess




    NKR
    04-25 01:08 PM
    hey till now i haven't noticed about this reddot until u said. who gives it and how???? i dont have any idea as i am new to this foum.. and how can anyone give points for reputation.

    I do not know how to give red dots since I do not give any. To give green you have to click on the icon above the post for which you are giving a green dot. I just gave you one.




    GCVictim
    09-09 06:44 PM
    Is there any +ve direction in the future for EB2 and EB3?