Tuesday, June 28, 2011

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  • GCDream
    07-03 05:51 PM
    Done.
    :)
    Order Number: FNM1315364




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  • dtekkedil
    07-10 09:31 AM
    maybe we can do web fax ,. so members can fax these information as well, and the media knows they need this .. can this be done?

    I think it may be too late to fax now. It is already 10 Am EDT.

    Lets us hope our emails got everyone's attention! The next thing is to get people at DC to actually go to the USCIS building.




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  • gbof
    09-09 09:13 PM
    Oct09 VB is awafully disgusting for my EB3 friends. Call of the day -- try out all possible options to improve your chances (EB2, if after so many years you qualify) and INTENSE lobby efforts for recapture by roping in all friendly employers and congressmen. Running away will not improve the lot.......




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  • Eternal_Hope
    09-10 12:16 AM
    I feel that because of the preadjudication of July 07 applications, USCIS now has a better idea of the application backlog. They also know that usually at the end of the fiscal year they have EB-1 and ROW EB-2 visas left; they might have therefore decided to finish off the EB-2, 2004 cases, even if it means consuming more than the annually designated 3200 visas early in the fiscal year.

    The reason for controlling Priority Dates month by month, is because USCIS does not (or did not) know how many people will become eligible to file I-485 if the dates move by a "X" amount. Once USCIS knows how many I-485 applications it already has in its backlog, Visa Bulletin becomes a mute point.

    I suspect USCIS will quickly clear off EB-2, 2004 and will then make the dates "U". Then in early summer it will reevaluate how many visas have got consumed and will likely get consumed in the next few months of 2010, and at that point may move the dates further into 2005.

    This is just my feeling...........I hope I am wrong, though, and the dates keep inching forward every month.



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  • santb1975
    11-22 12:01 AM
    Keep up the good spirits

    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




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  • nk2006
    10-25 12:23 PM
    Yes, but the immigration hearings already happened. People already have a clear indication on what the public wants. Lou Dobbs is still out there reminding them. Honestly, I wish us good luck, but I am not sure.
    Seems like you are indicating that public clearly against CIR: on what basis you are saying that. There was no referendum and even an election after the CIR debate. Most of the opinion polls are evenly split: if I remember correctly a popular opinion poll said that most Americans want to solve the immigration issue and they also are fine with putting illegal immigrants on path to citizenship. They also want to have more border security provisions � most of these aspects are covered in CIR. Of course illegal immigration issue is controversial and CIR may never succeed in its current form irrespective of who is in control of congress. A democrat leading congress may not venture into too controversial aspects of immigration fearing a backlash during presidential elections. The backlash they fear is energizing the extreme right wing. A republican leading congress anyway won�t pass CIR bill.

    That�s why our best bet is SKILL bill � this is relatively non-controversial, good for American industry, and supported by different groups. Of course it is very difficult.
    Not sure if such an important bill will be taken up during lame-duck session. In fact the outgoing house members may actually push for some aggressive border security measures to make the process even longer than it is now. So yes�.I too wish us good luck we do need it a lot.



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  • delhiguy
    07-07 08:44 AM
    What about the applications received before release of bulletin?

    When DOS doesnt have a Immigrant Visa available , its just not available.
    DOS made it effective 2nd ,
    "Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
    USCIS by law cant accept any applications effective 2nd.

    People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?

    Sir , we are screwed, thats doesnt mean a law is broken


    We need the legislature intervention to make the limit higher.




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  • waitforusagc
    02-24 04:34 PM
    Go IV!! keep up the good work! I am sure this will make a difference.

    cannot make it in person but Contributed $100 Just now.
    receipt number for this payment is: 0133-2293-2397-5859.



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  • modvik
    05-02 12:12 AM
    If any of these do succeed to make it through the congress, does it mean that the retrogression problem be totally eliminated (at least for the short term)?




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  • r2i2009
    09-13 08:55 PM
    Guys,

    Given the EB3 situtation.....most EB3 will convert to EB2 and flood EB2. This is going to happen soon. More money for USCIS.....EB2 will become U



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  • kuhelica2000
    01-30 06:20 PM
    This is plain simple illegal to secure H1B without a job. Period. There is no question of moral or ethical issues here.

    Moral and ethcial issues come with legal situations; like labor usb is legal but one can question whether it is etical. Same goes with PD porting. It's legal but one might question if it is ethical.

    Geeting H1 through bodyshops showing false employment is a fraud. It's high time we reported all these fraud to DOL.

    Guys,

    as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.

    being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).

    I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.

    I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
    that is life :D




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  • kg318
    04-22 09:44 PM
    After reading this post completely, here is my take. There are 2 things to view here:
    1) employer and employee conduct.
    2) non compete.

    employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

    employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

    Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

    Lastly, if you consult an attorney, any good attorney should tell you 2 things:
    1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
    2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

    I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

    1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

    2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

    3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.



    thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
    Anyways will try ur way and see how it goes.



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  • zerozerozeven
    05-08 03:05 PM
    I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?




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  • desi3933
    07-08 04:00 PM
    .....
    I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.

    From legal point of view, you are incorrect.

    What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.

    When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.

    Unfair does not always mean illegal.

    .



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  • piyushvora
    02-10 05:11 PM
    I just contributed $20 via paypal.




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  • pappu
    09-10 12:49 PM
    There is no short cut to get relief. Each one of us needs to spend time, money and effort on a continuous basis for a long term, if we want something to happen. Nothing happens overnight. If your opposition is tough, economy is bad, you have to make more efforts to get things done. Many just come once in a while on IV forums when visa dates are bad, blame IV for doing nothing, give ideas and go away. We have seen it oft repeated after every visa bulletin. Those people who complain have never even tried to become a volunteer and tried doing anything. That needs to stop. If people genuinely want something to happen, each person needs to get active. We have stopped posting much on the open forum for these reasons. Very few show real commitment and sincerity. $25 is the least you can do to show that you are committed to the purpose of this relief and appreciate the hard work of the organization. We are always welcoming anyone who wishes to volunteer and can help implement their ideas. So if you have ideas and can commit your time, skills and energy for it on a continuous basis contact us.

    As a first step do this action item now:
    http://immigrationvoice.org/forum/forum89-news-articles-and-reports/324571-immigration-voice-newsletter-the-future-is-not-in-the-hands-of-fate-but-in-ours.html

    We do not need 10s of people meeting lawmakers. We need thousands in each state. It does not cost any money. Just spend your time and show sincerity for something that will benefit you.



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  • sprint2004
    09-07 11:06 AM
    Hello All,

    Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.

    My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.

    Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?

    Thanks and good luck to all.




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  • simple1
    05-05 10:24 AM
    I spoke with our attorney
    He said
    INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.

    The relationship with the principal/primary doesn’t make derivative eligible for same visa as primary.

    EB1, EB2, EB3 are also visas. with specific qualifications like H1 and L1.

    H1b dependent gets h4 (different visa from primary) and not counted in h1b quota.
    Same applies with L1( dependent doesnt get L1). Same applies here, the dependent/derivative is not eligible for **same** immigrant visa type/preference. While h4/L2 has no quota and is of temporary nature. The FB2A has quota and is permanent. That is the only difference.

    It is the situation of the dependent/derivative that matters. So FB2A is the right category.




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  • pamposh
    09-17 02:38 PM
    Its unfortunate you are confused. Still appreciate you took sometime even with this confused state of mind to give your valuable 2 cents.

    First of all, its not between me and employer for that matter. USCIS is delaying the process with no logical reason ( am i repeating myself from my first post - hopefully you read again and properly this time Mr.confused ).

    All we want is to have them follow a pattern. Wait what am i doing here, you are confused, doesnt matter what i write here. Let me know when you are normal ( after all the hormones are in order, if at all that happens ), we can talk.


    GCStatus, I think Prashanthg's point is a valid one but that in no way means that we should not sue USCIS for what all they have been doing all these years. This in fact will help us prepare our case even more stronger against USCIS. It is best we ourselves find all the gaps we might have while we proceed with this case instead of them coming onto the issue.

    I would suggest everyone who ofcourse is in favor or in doubt to bring forward the issues they think we need to cover while we move on with this.

    Pamposh.




    sledge_hammer
    02-12 01:52 PM
    You have still not answered my question - where did you get the idea that I am here self imposing high standards? You have talked about everything else but that. So you have decided to take refuge by not answering the main reason why I said you are making accusations.

    And just to prove that you are not off the mark, you are confusing everyone else who is reading the posts, between being on the right side morally and having a high standard in general! Again, get this into your head before you start typing more nonsense.

    I totally get that people like you need to feel like everyone is more or equally corrupt than themselves, and that you try very hard to push down someone's throat that they are also as flawed as you are. Its ok, I understand! You're in that state of mind right now, that's why you're after me for 3-4 posts arleady asking me to accept that I'm not morally sincere!

    Its time you go back to being in an artificially blissful state of mind thinking that you have proven everyone on this planet who dare speak of ethics and moral to be somehow riding on a high horse.

    I know people like you, they are a dime a dozen! I do not have to pander to your misguided statements anymore!

    "self-imposed" as in 'chosen people' - as to subscribe to a higher standard to fulfill some expectation. It is not an accusation, it is called underlying presumptions in your posts.
    " I did not convey my intentions clearly" - then your comm skills are not much as you have presumptively touted them to be when you shot down the other guy. I am just pointing out, before pontificating, try self-analysis.




    HOPE_GC_SOON
    07-29 09:08 AM
    Guys:

    Further to my following posting::: Just to share an Update. I got an LUD " on Jul 28 we ordered Card Production" for my EAD Renewal. Details of 1 yr or 2yrs are not known till we see the actual card.

    I will post any updates

    thanks:)


    Gurus:

    Does anyone, who has PD getting current (under EB2- I/C) during Aug/Sept. got their EAD Renewed, and cards received. ?? If so, what's your EAD-Renewal Appln Date / RD and Cards Received Date.

    I suspect, USCIS is NOT issuing EAD Renewals, to probable Current PD holders, any more. :D hopefully. This is a good Sign, if true. Does anybody agree with me.. Let's Party out. :)

    This is becuase, my EAD Renewal Appln. RD is June 18th.. and till date I have NO LUD of whatsoever, and PD would be current during Aug.bullentin

    Is this something to cheer:)



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