Wednesday, June 15, 2011

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  • sc3
    09-24 01:20 AM
    sorry man, my hinglish is vrey vrey vrey poor. so plaese bear wtih me.

    Lets not argue, lets discuss, maybe I could agree with your views. So heer it goes, how is quota limits fair to anybody? I thought we are all equals, unless you think you are challenged in anyways - physically or otherwise, in that case I agree, you are 100% right, there must be a special quota for you. For all others who consider themselves to be equal shareholders to the free society, isn't preferential treatment for any set of people "wrong" and "unfair"? Just asking? I mean are we not equals, if yes, then there should be no quota for any country, if no and you think you are superior, which maybe true, then I should get preferential treatment, if no, and you think you are inferior or otherwise challenged in anyways, well, in that case yes, you sure should be treat better than others.... you know....

    So what do you think you are - equal? inferior? or superior? I mean it has go to be one of those, right?

    Ok, I will give you a weak analogy. See how Indian IPOs distribute shares when it is oversubscribed. The same thing goes here. Replace money by applicants and replace investors by countries, and you will get a sense as to why per country quota is implemented. I agree it is hard to digest the per country quota, but it is what it is. It is affirmative action if you will. It requires equality, but gives some buffer to people not properly represented (or run the risk of being overwhelmed by any single country).




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  • absaarkhan
    08-20 11:37 AM
    All,
    It is time to Re-Visit this Issue.
    I am sure lot of People used Advance Parole to enter US.

    I wanted to know if Anybody Successfully DID a H1B Transfer After
    Entering US on Advance Parole??

    I Remember Rajiv Khanna Confirmed that this is Possible.

    But I would like to know first hand experience from the gurus who have done this successfully.




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  • nk2006
    12-11 11:02 AM
    Thanks for the effort.

    I posted my comments and my story (with links to couple articles that were published sometime back about my case in a newspaper).

    Lets add more stories. As someone already suggested lets concentrate on how our GC can contribute to the economy - buying a house/establishing a company/etc. I also quoted some of the recent studies that showed how immigrant entrepreneurs positively contributed to the economy (couple links from IV).




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  • B3NKobe
    06-04 10:41 PM
    @Unchew: Love it mate :D:D!!



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  • nrk
    10-29 07:16 PM
    Hi Caliguy,
    Please can you send the letter format to me as well,

    Thanks,
    NRK
    @ leoindiano & others....

    I just sent an email 5 minutes back for all emails I got after 11 PM last night. Please check your email, you should have received the sample letter.

    For all of you who have sent me a msg to send you the sample letter and not provided me an email address, please send me a message again with your email address.

    Good luck!




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  • Beemar
    03-30 10:05 PM
    Received one today.

    Weirdest thing:

    Person's 140 was revoked by employer;

    person received notice of intent to deny. NOID clearly stated that 140 was revoked by employer then quoted ac21 law and said beneficiary may be eligible and to give job offer letter.

    person responded with letter from new ac21 employer with perfectly matching job duties/descriptions.

    uscis sent denial. Denial only stated that 140 was revoked and 140 immigrant petition is needed to get greencard.

    Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.

    More likely cause is that the letter from the applicant notifying his new job never reached/registered in CIS systems.

    Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status? This is crucial to know before jumping to conclusions.



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  • gc_rip
    09-14 03:21 PM
    It is very difficult to get a bill passed in House for increasing visa numbers. Be it legal or illegal there is no way House will pass anything that increases visa numbers this election year. I am doubtful even for next year.

    For this year or for now we should just get something like "ability to file 485 even when visa numbers are unavailable". This is something which will provide some relief to all of us and has good chance of going through. Subsequently we can keep trying to get the SKIL bill passed next year.

    Absolutely. Now with PERM and premium 140, if we can file 485, and then hit the snooze button for 10 years -- no problem for me. I know, not everyone will be lucky to board onto the PERM, but atleast it will be relief for most of us.




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  • ab_tak_chappan
    08-13 06:51 PM
    chaanakya i fully agree with your assessment!

    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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  • GCHPLC
    11-06 06:51 AM
    No LUD since Aug.2006 on I-485 . Who can beat me on this.

    No LUD since April 2005, how about that?




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  • Phogs
    08-11 01:27 PM
    EB3-P Nov'04



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  • gk_2000
    04-22 05:19 PM
    Well per=country limit is part of the iNS law. So its legal.
    From an immigration perspective, green card is a privelege extended to "aliens" and it is the prerogative of the law to ensure a formula thats best for the country.
    INS family based immigration law was the one that conjured up the per-country limit to prevent folks from one country from flooding in. Unfortunately, this formula made its way into EB immigration and we are stuck with the consequences today.
    So if anything, we should bring up the fallacies in per-country limit as far as skill-based immigration is concerned and get the law changed.
    A lawsuit isnt the answer to everything. The chinese EB folks learnt that after spending thousands of dollars and few years on their lawsuit, the judgement they got back was that 'the law is being followed'.
    And the comment below about the constitution forbiding anything, with respect to immigration law, is pure nonsense.

    1. Constitution overrules any law and has the power to render any law invalid. No nonsense here (which means all that you said about INS,INA etc etc is nonsense)
    2. The last para is just your OPINION, so I let it pass

    3. Pls refer to my answer to Bugs Bunny, and let me know if you can extend the discussion from that point




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  • english_august
    07-12 11:10 AM
    It would have been great if everyone could have a similar white t-shirt with a slogan on front that said

    "Ask me about legal immigrants"

    and on the back

    "www.immigrationvoice.org"

    Obviously this is not possible at this stage. How about everyone at least pinning something similar that is printed on a paper on their shirts? Similar to how runners do (http://z.about.com/d/studenttravel/1/0/s/H/ujena-marathon-solo-2.jpg)

    It will help the organizers and any media persons in identifying the rally participants easily.



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  • chetanjumani
    03-13 10:59 PM
    There was a topic where googler had explained that as per DHS employee, unused Eb2 Worldwide goes to Over subscribed Eb2, so Eb2 India and Eb2 China.

    It appears that the policy was always this, but since there were no excess Eb1 in the last couple of years, there was no spillovers in the last 2 years, howeever this year there are higher number of unused EB1.

    In fact the way it appears is :

    EB4 unused ==> spills over to ==> EB1
    EB5 unused ==> spills over to ==> EB1
    EB1 unused ==> spills over to ==> EB2 world wide.
    EB2 Worldwide unused ==> spills over to EB retrogressed.

    So before any spill over to EB3, visas are given to EB2 category.

    Since the unused EB2 visas are given to retrogressed countries, I believe that more visas are used by country that has more retrogression. But if there is any future movement in EB2, than both India and China could experience it.

    From www.immigration-information.com forums, it appears that one of the important driving force behind the visa usage is the actual adjudication of cases from USCIS. Since generally USCIS does not really process enough cases to use all visa's(to ensure they are not wasted), every year there will be a need to have substantial movement in the cut off date to generate more demands for visa's, not just in AOS, but also CP.




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  • 485Mbe4001
    12-09 12:04 AM
    :) happy holidays and good luck for the future. You are free now...



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  • pcs
    07-19 09:32 AM
    I know Aman has made a no. of trips to DC & these are not cheap.

    Let us all contribute to pay back all his trips .

    I am serious about it as people have no idea what people like Aman & others have done / sacrificed. If fact, we should authorize the Money Manager of IV to immediately release the entire amount Aman & others have spent since 19th December 2005.


    I am sure IV must have funds to handle this... if not, atleast start a part payment each month immediately


    I do not know, what is IV's internal procedure for these situations.




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  • ibb
    11-06 01:11 PM
    These consulting firms are really annoying. USCIS should try to close this loophole.
    Like I said, I did not catch the whole speech, but from what I heard, he was not talking completely against it, he mentioned that businesses need more H1B's and should be able to hire foreign talent.

    He was mainly against abuse by big consulting firms (he gave out a statistic that 20K of the H1B went for 8 or 9 of the top consulting firms or something like that).

    At least there is something happening..... we have only two weeks....... this may be our only chance this year to attach anything EB



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  • ras
    07-02 12:53 AM
    following few more reasons may be added.

    - When a new employee arrives his/her knowledge of immigration matters is quite less and doesn't intend to take risks of going against the employers wishes. This is being exploited by many employers by way of threatening to cancel H1, intimidating that they will have to return back, instilling fear in all ways and means in the employees about the negative aspects. This leads the employee to think and step back in going against the employer.

    Soln : Better educate the new employee about his rights as soon as he arrives. This could be either through forums, websites or even an official supplement from USCIS which should be handed over to the employee when his H1 is approved. ( It could mention and clear all myths officially by USCIS). This instills courage in the employee to question the employer if not go ahead with law suits. Also, this even may reduce threatening by the employer.

    - Further most of the employees want their career slate to be clean without any law suit, dots, etc until their life is secured by way of GC approvals or some form of assurance from the Govt. This makes them step back on taking action against the employer.

    Soln: Well if there could be a system where anonymous complaints/whistle blowers are allowed, they probably may come out. However, rarely employee wants to reveal his identity though he suffers.

    - The immigration matters are so complicated with so many RFE's people are scared to add another their event to their history. Any transaction with USCIS is kind of a risky feel for the employee.

    Soln: This feeling should be removed.

    - immigration decisions are uncertain so people want to be cautious in taking bold steps.
    Soln : There should be assurance from USCIS that provided everything on the candidates side is good that his GC will be approved. If an employee believes that based on his/her good credentials in all respects they should assured be of a GC, they may come forward to fight against the erring employers


    Soln: How do we make employee believe if everything is right on their part, an appropriate decision will be taken by USCIS. People still dont have confidence in USCIS decision making process.

    - And for GC applicants, they fear anything against the employer would affect their GC process. At every stage (Labor, I 140 and I 485 ) they are being exploited in one or the other way. Always it the employee who is at the loosing end. I have never seen an empoyer loosing because of an employee...
    These are some of the thoughts...




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  • gg_ny
    11-13 03:41 AM
    This is to the core team:
    I know there are efforts towards state chapters, but are there any chapters based on big firms where EB2/EB3 seemed to be concentrated? Of course it wouldn't help to put up lnks from the front page as "cisco chapter", "oracle chapter" but at this crucial juncture it would help to encourage 'robust' people from such organizations to go on overdrive even if not web-publicized. just a thought.




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  • snathan
    04-26 03:13 PM
    http://www.businessweek.com/bwdaily/dnflash/content/apr2009/db20090423_219068.htm

    But advocates for skilled immigrants�many of whom remain stuck for years on H-1Bs waiting in the long queue for permanent residency�worry that the bill is a political maneuver rather than an earnest effort at reform. Aman Kapoor, president of the skilled immigrant advocate group Immigration Voice, says that a more effective bill would ensure H-1B visa workers are on a level playing field with U.S. workers. "Skilled immigrants on H-1Bs don't get the same rights and protections as everyone else," says Kapoor. "So wouldn't the solution be to empower and enable the skilled immigrants on H-1Bs such that�skilled immigrants on H-1s have adequate protections so that no one can take advantage of [them]? But no one wants to talk about protections for skilled immigrants."

    I posted my commnets on thiss....did you.




    kbsyed61
    04-23 02:20 PM
    On March 30, my wife was issued a RFE for her incomplete medicals (TB test & Vaccination). Yesterday our attorney submitted the completed medical reports and today I received an email from 'CRIS' acknowleding the receipt of our response and resumption of the case. Checked the Online status and it also showed the today's LUD. Will keep the IV posted with any further development on our cases.

    Here is the text of that email (seems very generic):

    ".........
    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Response to request for evidence received, and case processing has resumed.

    On April 23, 2009, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location...... "




    roseball
    08-27 11:47 AM
    Based on this poll, can somebody predict EB3-I movement starting Oct'2008?

    The dates moved from Apr'2001 to Nov'2001 last year when EB3-I didn't recieve any spillover. So what would be the movement when new year starts?

    I am hoping atleast it will move forward and not backwards....

    Dec 2001 is my guess. Hopefully, it will continue to move as the year progresses...



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