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  • milind70
    07-10 12:55 AM
    I have changed the H1b after my last entry to usa. My I-94 in passport and in the H1b approval notice numbers are not same. Out of all 10 digits only 6th digit is different. I think it is a typo by uscis. What should I do?? The difference is very hard to figure out that I noticed it only when I was filling out I-485 by myself.

    Any suggestions

    You can file Form I 102 with USCIS , if it is the mistake of USCIS there is no charge. If I 94 is mutilated,lost or stolen then u have to pay a fee for it.
    I would suggest take an infopass appointment with local USCIS office and talk to a immgration officer he will be able to help you.





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  • unitednations
    03-25 04:05 AM
    As a matter of fact, any one if trained properly can do any job..
    So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?

    Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...

    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.





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  • qplearn
    11-14 10:09 PM
    As far as I know, almost every telecast of his has some representative of FAIR, numbersUSA or some other crony organisation like the programmers guild as his guest. And he presents their "research" as if they are winners of the nobel prize in economics.

    And who told you SKIL is killed and numbersUSA killed it ? In fact they are quaking in their boots at the thought of congress passing some large scale immigration relief measure like SKIL during the lame duck session. Take a look at their site for the latest "action item". Sad part is many of their friends in congress have either lost their job or are licking their wounds.

    The SKIL was actually killed last time in the house, and Lou was/is a big friend of theirs. Lou has given them more publicity than anyone would ever have, and they used it to contact house members.

    And I did not mean that SKIL is killed for good obviously. If they've lost most friends our SKIL bill should sail in the lame duck session, and I don't have any problems with that :) Let's see what happens ....





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  • VivekAhuja
    09-29 01:50 PM
    All democratic party candidates and supporters MUST BE rejected and voted out from all elections - Prez, state and local elections. These people are socialist uneducated fools. All they want to do it take your money and distribute it to the illegal aliens as WIC coupons, food coupons, free health, free schools, free tution and the list goes on. Let's elect the republicans!!
    I give a damn who the candidates are - remember, a president only signs a bill into law or vetos it, he has no other power.



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  • newuser
    04-10 12:59 PM
    E-mailed around 30 firms about the new law to reduce the H1B visas.





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  • jayleno
    08-05 02:44 PM
    Guys,

    Please stop this sick discussion. Do not allow this kind of divisive tactics to work on us.



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  • heywhat
    08-02 01:09 PM
    So are you not working for company which is processing your GC application?

    My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?





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  • GC_Applicant
    04-09 01:05 AM
    Thanks for the info. Did you enquire about FHA loans., and how hard or easy it is to get.



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  • Jerrome
    08-07 04:57 PM
    Menu
    -----
    Waiter: I've stewed liver, boiled tongue and frog's leg.
    Customer: Don't tell me your problems. Give me the menu card.

    Gangster's son
    --------------
    Q: What did the gangster's son tell his dad when he failed his examination?
    A: Dad they questioned me for 3 hours but I never told them anything."

    Dinner
    -----
    Wife : Do you want dinner?
    Husband : Sure, what are my choices?
    Wife : Yes and No.

    Wife
    ----
    First guy (proudly) : "My wife's an angel!"
    Second guy: "You're lucky, mine's still alive."





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  • mbartosik
    09-29 12:05 PM
    My primary reason for supporting Obama is environment...

    Obama truely supports renewable energy, and did not cave to placating the public with lowering gas tax. While I think that $15,000,000,000 per year may not be enough it is a start in the right direction.

    I got my green card earlier this year, and one of the first things that I did after getting it was contribute to Obama's primary campaign. Now I've been contributing to his election campaign (I'm sure that there's a public access site you can look up contribution at).

    McCain did not once vote for the Renewable Energy Investment Tax Credit extension. Not once out of 9 times. Sure he has been out of DC many times, but not all. How can you have an "all of the above" energy policy when you haven't voted once for renewable energy.

    See my solar system install here: http://tinyurl.com/4h3sm7
    - it's impressive.

    So I put my money where my mouth is -- solar powered net zero retrofitted house, featured on local TV and in news papers (got another interview in a hour). Mostly with American made equipment (one of my criteria).
    I support Obama with contributions -- since I cannot vote.
    I also support IV with contributions.

    My political slogan:
    "Blow baby blow"
    "Shine baby shine"
    - Renewable energy is the future, it is made in the USA!

    Many of us high skilled immigrants have the above average get-up-and-go that it takes to move this country forward to a brighter future. After all we had the get-up-and-go to move here.

    However, the system does work against us. Being an "temporary" sure did not make it any easier making the investment that I have. Until I got my green card, being "temporary" was a huge problem and worry, because I had made decisions based on the assumption that would change.



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  • Macaca
    03-06 09:02 PM
    General Process for FY 2006 and Subsequent Fiscal Year H-1B Filings (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3f06c12454f6742a078d4244f6905 45e)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf) November 2006
    Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html) Report of the Visa Office Department of State

    The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.

    Visa Statistics (http://www.dhs.gov/ximgtn/statistics/) Department of Homeland Security

    Nonimmigrant Visas Issued by Classification (Including Crewlist Visas and Border Crossing Cards): Table XVI(B)

    Fiscal Years 2002-2006 (http://travel.state.gov/pdf/FY06AnnualReportTableXVIA.pdf)
    Fiscal Years 2001-2005 (http://travel.state.gov/pdf/FY05tableXVIb.pdf)
    Fiscal Years 2000-2004 (http://travel.state.gov/pdf/FY04tableXVIb.pdf)





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  • arsh007
    01-27 10:50 PM
    Here is a link to a Video report from CNN's program Lou Dobbs tonight regarding USCIS incorrect approval of H1-B petitions beyond the 65,000 yearly limit.


    (http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv)

    http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv



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  • meridiani.planum
    07-13 12:26 PM
    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

    I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)





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  • mariner5555
    03-26 02:07 PM
    So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). Well in times of inflation your savings/investment is better in real-estate than anything else. But definitely NOT cash.

    So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).

    Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.
    -----------
    5 years is too less (you have to hold it for around 10 yrs minimum). 2 years the prices may/will fall. 2 years it would be steady and maybe start increasing slowly after that. so if you buy a house (depends on area ....but broadly) ..a 100K investment in RE (And if we take the best case scenario) after 5 years would be worth 80, 000. if you take inflation in to account.
    in the end it is supply and demand -- supply is huge. where is the demand going to come from ?? immigration is tight and in the fast moving life -- people have fewer and fewer kids. if u want to be safe - cash is good (atleast principal is safe if you get around 4 percent return) ..it is best to have diversified portfolio. many of my friends have put everything in RE and are worried now



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  • gc_on_demand
    08-05 02:21 PM
    Solution to all this is HR 5882. Even if will not make date current for all it will clear major backlog so people will see some hope in next year

    Please call your lawmakers and educate them ... once we reach house floor we might not have time to call all lawmakers.





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  • validIV
    06-26 10:32 AM
    I have only one sentence to say ..watch the movie "pacific heights" ..I was watching it now and that is a perfect movie for those who intend to rent their homes.

    LOL. Why dont you throw in Armageddon, Knowing and Deep Impact. Those are also valid points since thats what can happen to the earth tommorow or the day after.

    Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.

    If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.



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  • pitha
    02-21 11:33 AM
    This is so ridiculous. Lou Dobbs is self-righteous self serving idiot that�s was well known but why is CNN pimping him. Don�t they realize as Lou Dobbs is becoming a laughing stock so is CNN by pimping him. I was trying to write some comments on this joke written by Lou Dobbs but CNN does not provide a means to write your comments.





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  • file485
    07-07 10:05 PM
    Hi,
    Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
    New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.

    you mean to say,while filling in the form for his AOS..I think somewhere it asks that 'have you filed for AOS earlier etc(not sure the correct wordings..)'..so he had to choose a 'yes'..is that so..? if it was yes,possibly that was the reason for scrutiny..

    when his case was so shaky, he should not have filed for AOS..but what has happened has happened though..
    jeez..this is so stressful and can totally empathize with you





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  • qplearn
    11-14 10:09 PM
    As far as I know, almost every telecast of his has some representative of FAIR, numbersUSA or some other crony organisation like the programmers guild as his guest. And he presents their "research" as if they are winners of the nobel prize in economics.

    And who told you SKIL is killed and numbersUSA killed it ? In fact they are quaking in their boots at the thought of congress passing some large scale immigration relief measure like SKIL during the lame duck session. Take a look at their site for the latest "action item". Sad part is many of their friends in congress have either lost their job or are licking their wounds.

    The SKIL was actually killed last time in the house, and Lou was/is a big friend of theirs. Lou has given them more publicity than anyone would ever have, and they used it to contact house members.

    And I did not mean that SKIL is killed for good obviously. If they've lost most friends our SKIL bill should sail in the lame duck session, and I don't have any problems with that :) Let's see what happens ....





    puddonhead
    06-05 03:53 PM
    This is your justification for renting? Your 1300 goes to that owners mortgage. You are paying so that he can own the property you live in. I would not be surprised if he has multiple condos renting to others like you.

    Since you cite an example, let me cite one of mine.

    Co-op bought in 2004, Queens NY 2 bedroom: $155,000
    Rented now for $1,350 / month (Wife and I live in another home we also own also in queens)
    Appraised value (Feb 2009) $195,000, Peak market value (my opinion) ~230,000 in 2006 but it seems to be worth more now which is clueless to me.
    Outstanding balance: 60,000
    Current mortgage (15y fixed@4.25): 452 / month (+525 maintenance)
    Monthly cost total: ~1,000
    Comps in area: See for yourself: http://newyork.craigslist.org/search/rea?query=kew+gardens+co-op&minAsk=min&maxAsk=max&bedrooms=2

    Lets say that person is you renting it. You are paying to stay in my unit, pay my mortgage, pay my monthly, allow me to build equity which i just used to buy another property (thank you) and using standard deductions, allowing me to have a healthy tax return from interest paid based on your money. I dont even need to do any math here to prove I am making money from your rent because believe me I am.

    Renters will never understand why owning a home is better than renting as thus they will continue to make arguments to continue doing so. And I'm sure that giving 1 example or 100 examples will not change your mind in the slightest. Which is why you will always be paying owners like me for a roof to live under.


    With those rent/price ratio - it makes no sense indeed to rent.

    If I may ask you for a huge favor - could you please PM me more details about where specifically in Queens you have those kind of rent/price ratios?

    Since the market prices got so inflated - my experience is that the rent/price ratios are still wayy off historical trends. My impression (based on a few examples I have seen) is that in most of the situations - the rent would not cover the interest + property tax + maintenance, which would mean throwing away money if you buy.

    If indeed there are rent to buy ratios like the ones you have mentioned - then renting would be foolishness.





    Ramba
    08-05 03:25 PM
    Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?


    I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..



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  • alterego
    03-08 06:27 PM
    Very well written. I can tell you through my observations of living in this society for 35 years:

    1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)

    2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)

    3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.

    4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.

    5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).


    Now I don't want to get people upset but let's look at some things that have happened since 2005:

    There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.

    In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.

    In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas

    Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.


    Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.

    Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?

    This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.

    In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
    As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
    In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
    This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.





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  • khukubindu
    05-05 06:20 PM
    Thanks reddymjm for your quick reply. How long would it be current , do you think ?

    What should I do from my side if it the date is correct ?

    Should I call USCIS.





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  • b_boy
    02-22 06:01 PM
    well, really I dont have words to express what frustration means, so be it. my PD is Nov 2003 (original Labor) and filed 485 in June 2004 and have 7 EAD cards thus far.

    Started to work on EAD since 2005.

    This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.

    This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.





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  • jsb
    11-26 03:17 PM
    I have copy of that letter but it mentions the title and salary no job desc.

    Possibly, that's what you need. If you can get a similar letter (same title with same, or a bit more, salary) from your new employer it should work.

    Did you ever get (or ask for) your I-140 filing? It should have a copy of the LC application, and job description.



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  • vinabath
    04-23 03:34 PM
    any one who tells to be cautious is a desi employer or a silent partner. Any one wonder to ask the thread starter

    why in the beginning he chose a desi employer and signed a non-compete clause?
    why did not get his H-1 done with PF?

    every one( desi employer and h-1b employee) have weaknesses and strong points.

    H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.

    I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.

    I thought of starting a desi consulting firm and realised it is a lot of pain.

    Desi employee

    1. wants 80% and may be 90%
    2. bare h-1 cost
    3. bare gc cost
    4. bare insurance cost
    5. pay salary on time
    6. pay umemp, ss taxes

    in addition to the time employer has to spend time to do all the above tasks.

    end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.

    end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.

    it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.

    how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.

    every knows how the game is played.

    another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.

    another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL

    another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.

    I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.

    Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.





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  • manishcp
    09-10 12:05 PM
    Follwoing user name person got his check cashed.
    "rajvepa"
    His appication reached at NSC 11:14AM and signed by F HEINAUER



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  • royus77
    07-08 09:03 PM
    Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)

    I can gather 100+ people from Chicago..


    Forget aboit other cities ,Here we are not able to get enough people in DC , which is having a decent community .If you planning to get 100 in chicago , can you make i to DC nbext weekend .





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  • rajeshalex
    08-04 02:07 PM
    congrats in advance. U are going to get gc soon.



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  • anzerraja
    07-20 01:20 AM
    Thanks very much !!!


    Great job people.

    This is the least that everyone benefitted from july VB should do.

    Waiting to hear further instructions on how to send $100.

    Thanks





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  • delhiguy
    07-08 08:51 PM
    If that is so, no one who is on H1-b can sue their employer for exploiting them. BTW, I personally know people who have successfully sued their employer (US company) for not paying the salary they agreed.


    Under the special labor law

    http://www.dol.gov/compliance/guide/h1b.htm


    U can sue anybody you want dear..


    I am not a lawyer and this is not a legal advice, and i may be wrong



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  • p7810456
    05-23 10:25 AM
    Already emailed all the senators in the list.. including faxes to two of my state Senators, FL. Also.. going to call few in the afternoon.

    I hope this works..





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  • dtekkedil
    07-06 03:57 PM
    We need some powerful press release for this Gandhigiri

    Working on it... have faith!



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  • mqualique
    05-01 03:20 PM
    Spouse can stay in the country as far as her/his 485 has been applied before EB primary got a GC and after EB primary PD was current.

    It WILL matter if while filing 485 EB & EB dependents have to use EB PD & FB PD respectively because then it could happen that EB primary got GC but EB dependent was never able to file 485.

    In most cases it WON'T matter if while filing 485 EB & EB dependents can both use EB PD.

    So if EB Dependents can use FB Quota but EB PD that would be really good for us. Off course clarification from attorney is always a good idea.

    Our intention is to findout if CIS interpretation is correct. If spouse can stay in the country with EAD and AP and if Primary gets GC first. It won't matter much becos, that EAD will not have any strings attached on same or similar etc. So we should be OK.





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  • chanduy9
    07-05 01:59 PM
    If this guy from USCIS (Emilio T. Gonzalez) is an anti immigrant then he might think this is an appreciation from anti immigrants. dont you want to convey to him that these flowers are actually from people who got screwed by him and uscis


    Pls my post very carefully...it is

    Select Occasion: "Sympathy".....and you can write some msg in the card too...it explains from where it is coming and what it means...

    guys think +ve.

    Thanks,
    Chandra.



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  • eb3_nepa
    08-18 01:30 PM
    Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
    There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
    Several of us have writtent to Ombudsman, Director but of no avail.
    Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.

    Sunny Surya,

    With all due respect let me make a couple of observations here.

    1) First you file a lawsuit that prevents fellow Eb3's from porting to Eb2 at a later date, even though those individuals may have advanced in their careers and would be eligible for better jobs.

    2) Now that you have successfully broken a united community into two factions, you want the IV core to now further take up the "Eb2 cause" against the USCIS, because YOU cannot file a lawsuit against the USCIS (the 500 pound gorilla) an organization that doesnt give a c**p about the immigrants and even its own internal processing "rule"?

    3) Let me ask you, WHY should the IV core help ONLY the Eb2 at this point. You and some other Eb2 members were and are flexing your muscles against the Eb3 members who have been suffering in the EXACT same manner. What exactly have YOU contributed towards uniting the Legal employment based community and what have YOU done to help the Core team so far, that you now ask the core team to specifically take the Eb2 non-sequential processing up with the law-makers?

    If you see a problem with the non-sequential processing, why dont YOU write to your own senators/congressmen and ask them to follow up on your individual case?

    One more thing, if you are planning on replying back saying that "This is my last post on IV" so be it. IV does not need members who think of just themselves. And yes if you are planning on giving me red/gray/green dots please feel free to do so.

    Thanks!





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  • delax
    07-27 12:33 AM
    That is your take ....or they could end up distributing the spill over Visas equally among all EB categories because the original quota is equally distributed too. This benefits both EB3 and EB2.

    Please do not try to pass on your opinions as facts ...they are not.

    It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.

    If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.

    I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers



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  • gjoe
    10-04 07:14 AM
    I am 5July filer, I got my RN on 10Sep but no FP notice till date





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  • googlegc
    08-25 07:24 PM
    Guys,

    I just got my H1B Extension approved (8th year extension).
    Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).

    -Googlegc





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  • chetanjumani
    08-26 03:11 AM
    I have only seen one person get through background check in the last year. That was through senator intervention. Person got approved (it was a premium processing case). companies generally do not want to go throgh senator/congressmen intervention due to fear of tweaking uscis.

    Since his 140 is approved then he is not subject to the quota. However; he could just wait or file another h-1b with another comany. If he asks for I-94 card then uscis could ask for maintaining status. He is in what is considered a "bridge period". that is when I-94 card expires; you are legally here but if you fle an h-1b with another company then they shouldn't approve the second h-1b until the first one is approved (uscis doesn't always do this). Sometimes they approve the second one. However; if the first one gets denied then you wuld not be considered in "status" from date I-94 card expired until second companies h-1b got approved with I-94 card (would have greencard implications later).

    He could just file an h-1b with another company in premium (do not ask for I-94 card). If/when uscis approves it then he would have to go for visa stamping and get I-94 card at the border.

    Thank you united nation. You views/inputs are very valuable. Regards.





    kshitijnt
    05-01 08:03 PM
    Lets file a lawsuit to get the info in a manner we need:


    1) breakdown of processing dates in a manner that co relates to visa bulletin.
    i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.

    2) Visa usage by category reporting each month
    (How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.

    This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.





    sanhari
    07-19 02:23 PM
    I agree with you vin13, remove country quota or by number of years we are legally here in US.
    Base on PD is not fare enough. Many of us filed GC vary late because of one or many reasons.

    I understand why you all are not favoring my call, since you all are EB2, EB3 is suffering because of no movement and huge backlog and EB2 is gaining because of Spillover, so you all are not favoring this. Anyway we are trying our best to get some relief for those hanging around with older priority date, let's see...



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  • mchatrvd
    09-10 01:07 PM
    I agree completely with vdlrao and pappu. We are doing our best to put lot of efforts to sort this out by volunteering. What is your guess, how many people stuck in GC mess in the DC Metro area? Thousands, right????? We had a State Chapter meeting for Maryland, Virginia and DC and you know how many show up for the meeting ????? Take a guess...15!!!! You guys just know how to yell and scream at this blog. Convert your anger into something constructive......IV is not the President of this country that would go ahead and pass legislation to bring you relief. It is the lawmakers.....This has to be collective effort. I will like each one of you to first donate, volunteer before coming to this site to blame the organization. You should be thankful to the people running this show putting their time and energy for our cause. President of this country is having hard time to pass a legislation on health care and you expect IV with help of couple of people can get you legislative relief with couple of hundred dollars!!!! Guys wake up to the reality and contribute to IV.....Work with your state chapters...There are lot of people ready to take initiative through your state chapters but they find no one supporting them. Insurance companies are contributing billions of dollars to lobby against a bill. And if you cannot move out of your couch to volunteer, shut up and just wait for next bulletin....





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  • logiclife
    07-06 06:39 PM
    Bay area residents:

    Please begin the process of getting permit from the city to do this in the time-frame and route mentioned. But please move the date to either saturday July 14th or July 21st.

    People wont be able to come tommorow so this must be done July 14th or July 21. Also, the rally should not be about just the July bulletin. It should be about backlogs and numerical caps as the root cause of this mess.

    But do get city permit for around 100 people (that's what I expect will show up in Bay area based on past experience with Gutierrez rally).

    Let's get some attention from CEOs of Oracle, Cisco, Sun and Google and also some attention from Rep. Zoe Lofgren and Nancy Pelosi. There couldnt be a better place than Bay area to do this, especially San Jose.

    Let's do this.





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  • sanjeev
    06-18 12:53 PM
    Just heard from my employer checks cleared on 15th June

    Mailed to NSC on: 1st June
    Mailed From State: VA
    Received at NSC on: June 4th
    140 approved from : NSC
    Receipt Date : Still Waiting


    Priority Date Sept 2002





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  • jkays94
    06-26 02:09 PM
    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" ?[/QUOTE]

    To the best of my recollection, thousands of persons from Mexico are very much in line and suffer from retrogression just like everyone else. Please refer to any visa bulletin for details.



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  • mirage
    03-10 12:54 PM
    I will request you 'Not to turn this into a EB-3/Eb-2' fight, as everybody is suffering, we are on this forum itself means all of have an issue...It's just that for some people it could be a wait for another 3-4 years but for others it could be a wait for 20 years....if Congress doesn't make any change to the existing laws...But what people are fearing in this climate if we go and tell the congress that we are in a 20 year wait, instead of doing any good they can harm us more. Now, how much you want to take that risk is the question. In my opinion I don't see that kind of risk, with the kind of things we are asking, but some people see that risk, it's their way of thinking...

    Lets not listen to negative people here and instead come up with a plan. Nothing will change unless we act upon it. I have seen these negative comments every time somebody come up with a plan for EB3-I. Unfortunately most of these negative comments are coming from EB2-I people.

    Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.

    Thanks.





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  • dtekkedil
    07-10 05:39 PM
    We are starting with San Jose. On July 14th.



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  • sankap
    07-10 06:27 PM
    Chandu,

    I've no problems you or anybody else challenging me--we're all (mostly) scientists/engineers here, so making assumptions based on observations, and challenging them, should be the first step toward creating a hypothesis (http://en.wikipedia.org/wiki/Scientific_method). But science seeks evidence for those assumptions. Staying clear of traps like fallacies (http://en.wikipedia.org/wiki/Fallacy) should help.

    Ok, i am not challenging you or your interpretations. I am looking into all options.





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  • 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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  • sanprabhu
    07-20 10:31 AM
    $100 from me.

    Recurrent contribution $ 50.





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  • SKK2004
    08-25 04:31 PM
    Thanks mygc2006, for sharing your info. Good to know that I am the not the only one. Well, guess the wait continues...

    Hi SKK, it is not really required to have finger printed to get teh EAD approval. (i am talking aboutthe first time EAD). Your FP may come later on. At least in my case it was like that. I got my EAD approval first and later on only the FP came. Hope this helps ...



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  • desi3933
    07-10 02:55 PM
    I
    ....
    My question to you was if no H1B is "permanent" (as you opine), then how can you prove that the AC20 job on H1B is or isn't "permanent?" So if that job is not "permanent," how do you convince/mention that in as RVE-EVL?

    Because Future GC job could be same job on H-1B, only difference being on H-1B your job has fixed end date (noted by I-94), and GC job has no fixed end date, hence permanent. It does not make that current job on H-1B permanent.

    Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.


    .





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  • saptaswara
    05-09 09:54 PM
    Under the circumstances we might like to approach the Hon'ble President by posting a well drafted letter (not more than a page). Let us see what happens. All letters should be posted withing a specific pre-determined time frame (within one week, say from June 1 to June 7) to create an impact. We might like to achieve a target of say 250,000 letters. This cannot go unnoticed.

    The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.

    As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.

    Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.

    Thanks and regards!

    Saptaswara



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  • bigboy007
    07-04 11:16 PM
    May be he will good for you dude. :D





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  • GCStatus
    09-13 09:18 PM
    Whats the game plan here?. What will this letter do?. What if we dont get reply?.

    We dont give them any room here. We are not letting them decide anything. We provide them options and they have to choose one. If they dont, we sue them.

    Options according to me. Feel free to correct/add folks.

    1.Process Green card in a consistent manner and provide Green cards who have been waiting for a while and make it current.

    2. Refund every DAMN dollar for all the million applicants who didnt get it.

    If they are not choosing either, we are SUING. No second thoughts here. We are under the water already.



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  • new2gc
    02-08 10:55 AM
    Contributed $50

    Your transaction ID for this payment is: 47X32702CS107060Y.

    Thanks,
    new2gc





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  • acecupid
    07-03 01:26 PM
    This is great guys... I'm going to order the flowers right away. But make sure everyone signs off as 'Victim of revised visa bulletin', otherwise Mr. Gonzalez might think we are commending him for the good work. Make sure its clear that this message is in protest! :)



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  • h1b_forever
    09-23 03:56 PM
    I am sure you dont deserve EB2, it shows clearly

    "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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  • gccovet
    02-09 12:42 PM
    Thanks a lot.
    Can you please help in keeping this thread on the top?

    Certainly. Will do.
    GCCovet





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  • txh1b
    08-26 09:03 PM
    I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.

    In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.

    The filing date on SR is manually entered by the person opening the SR. It has got nothing to do with your real filing date. All that matters on the SR is your A#.





    nishanttambe
    11-17 04:42 PM
    Done. But while sending email to friends, I got below messages
    "Your message can not contain URL", this was right above the message box.





    desiguy22042
    09-21 07:51 AM
    Hi,
    I received my (and my family's) transfer notice (and hence the WAC### nos.) for 485 application yesterday at my residence. The cases were filed in CA by my lawyer (filing from MD). The cases have been transferred to TX.

    I am yet to receive any notice/tracking no. for EAD and AP applications. The checks were made by the lawyer so that is not an option.

    Questions::confused:
    1) Does transfer mean delay in processing ?
    2) Is EAD tracking no. different from the 485 no. ? If so, where can I get that from ?
    3) Are they still issuing EADs in about a couple of months ? If so, that is great. If not, when does the 90-day clock start for INFOPASS ? (if it is an option in this incresed activity)

    Any answers or discussions or links to the solutions are welcome.

    Good luck to everyone for the speedy processing.:D