Thursday, June 9, 2011

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  • msyedy
    05-31 03:04 PM
    Yes that is true. They are lobbying strongly for H1b though they are supporting GC increases. Actually with H1b you can stay unlimited years if you apply gc. So there is no urgency for corporations to resolve the issue. They do not have fear of losing you as you are going to stay in USA until you get green card

    You are right, but they do have some or may be a little more interest in the GC process too.
    1) Because they are paying a lot of money to these consultant companies which they want to reduce.
    2)Come to wall street, you will see so many consultants that are needed here to keep this economy running. A high number of H1-B will definitly reduce the price but still they will not get what they want meaning a permanent employee on a lesser pay. Tech companies cannot hire a person permanently because he is stuck with his employer who has filed his GC.

    The companies cant continue to pay a lot to these consultanting companies.
    Secondly this country should attract good brains, who might not want to come here. Believe me my friends in india are happy there and do not want to come here. They are living in there own homes with families, enjoying every part of our indian culture and are happy.

    If nothing really works out here I will be looking out for an oppurtunity back home.




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  • needhelp!
    09-06 05:05 PM
    I got 2 positive responses from orkut members in DC.

    One said Oh ok, I will.. so this person didn't even know about it until after seeing the scrap.

    Yes I posted scraps on individual members' scrapbooks, not just community posts.

    I suggest if you are on orkut, scrap any and every one in DC communities, if a lot of people ask them to come, they will know how important it is!!




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  • angelfire76
    02-24 05:41 PM
    I am finding it difficult understanding what author meant here...

    Can some one please help me understanding the text below from (paragraph 8)
    http://www.ilw.com/articles/2009,0225-endelman.shtm


    USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin. Rather, both State and CIS could post estimated "qualifying dates" on their websites so that, precisely as now happens in a consular case, USCIS would now allow pre-filing of adjustment applications so that applicants could begin to assemble the necessary documentation and send in their I-485 packages so that USCIS could conduct necessary checks and get the case ready for formal submission when the priority date is reached. Only at that point would CIS formally request an immigrant visa number from the State Department. Not until then would the adjustment of status be considered "filed". The beauty of this is that Congress need not lift a finger; all that need be done is for USCIS to modify the definition of filing contained in 8 CFR Sections 103.2 (a)(7) and 245.2(a)(2). If Congress wanted to ratify what the USCIS had done, it could certainly do so after the fact. Everything that we now consider to be the adjustment of status process could take place before the I-485 is "filed". Nothing could be simpler. The reason to seek Congressional modification of INA 245(a) is not because it is only way forward but because, by enshrining such a procedural benefit in the INA itself, it will be a much more secure right, one not subject to administrative whim or unilateral repeal. This process would not only afford the Visa Office a more accurate picture of adjustment demand but it holds out the potential of drastically slashing processing times. Far from granting adjustment applicants any special or unfair advantage, the use of qualifying dates as a way to define immediate visa availability would serve to harmonize the green card process in and out of the United States. Clearly, close and constant coordination between the Visa Office and USCIS would be required and integration of this procedural innovation with the Child Status Protection Act is transparently necessary. Given the obvious and not insignificant benefits, any transitional angst is surely worth the effort.



    Does it mean pre filing can be done through executive power?

    Thank you.

    The suggestion here is that it is pre-filing without pre-filing (if that makes any sense) i.e. it will enable USCIS to "look ahead" into a candidate's eligibility for 485 approval without providing any of the benefits (EAD,AP) that comes with filing a 485. It is supposed to help USCIS drastically cut 485 processing times with minimal upheaval, not give us any benefits.




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  • dpp
    07-21 09:12 AM
    Yes, you are right. It shouldn't take years to make a decision even if it is complicated. I think they may be not working on those cases at all. That may be the reason, they didn't comeup with any decision. It will be good if DOL gives the operating procedures and comeup with fair action on what they are really doing.



    My case was filed in 2002 under traditional labor certification. DOL never questioned anything or asked for any clarifications (so I assume there were no complications). The job was advertised in last April (it was a little newspaper advertisement with few lines and very generic job requirements). There were no resumes received. But still I have not received my labor approval. So what baffles me most is why has the DOL been not able to taken any decision on my case even after 5 years. One of my friends who applied in traditional labor two years after me has already received his LC. Let us say, for argument sake, the case was complicated. How complicated can it be to be delayed by several years, not months? We probably would get answers to these questions only if we drag the DOL to court and make them explain.



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  • nogc_noproblem
    07-15 11:53 PM
    Include Sep approvals as well, they can’t use all the visas in the month of Aug it self, it never happened before (in fact they wasted thousands of visas by the end of the fiscal each year in the past). This is the first time they have determined (?) to use all the visas, don’t expect 100% success in the first attempt it self. The system has not been fine tuned yet to that level of success.

    For Sep, the EB2 dates will remain same or might even move further few months. Oct bulletin will be the interesting one. If there are very little approvals during Aug & Sep, it will move back considerably. If there are so many approvals in the tune of 15-20k, then EB2 PD will go back slightly (say Jan 06) but will move forward at healthy rate. Come last quarter of 2008-09, there will be quantum leap again.


    only the month of AUg approvals is going to validate or invalidate...but makes sense so far. ;-)




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  • willigetagc
    07-15 05:22 PM
    can somebody explain the meaning of "processing date for I-485"? For example, the Texas service center has July 17 2007 processing date for I-485 petitions.

    How to interpret that?

    Thanks.



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  • nk2006
    09-12 01:31 PM
    I remember in one of Dem party primary debates there was a related question on immigration (general immigration) - Obama answered that in positive way and in fact brought up the legal/employment based immigration issue on his own and mentioned that it needs to be speed up the process and make changes so that fresh talent is attracted - ofcourse at the end he added that american interests have to kept in mind while coming up with employment based immigration system (I remember gist of his response not the exact one)- but his whole response was very positive and if I remember correctly none of other candidates even mentioned employment based immigration - they answered generic immigration (meaning illegal) issue.

    Does this mean anything - not much. As someone already mentioned both candidates are in favor of legal employment based immigration and increasing it to some extent - or atleast give some token support for this. But both of them may not take any active stand to make it a priority item - because there are other issues that people (their voters) care more about now like war in iraq, economy, gas prices, health care etc. etc. Both of them may not touch immigration until later in their term. Inevitably when they do touch it - it will be in the form of CIR and it will be big can of worms. Presidents can set the agenda and may issue limited administrative orders - but the expectation that either McCain or Obama will come out for EB community and unilaterally increase the quote or issue an admin order to solve our issue is IMPRACTICAL - and wont happen.

    Our best bet is something to happen thru Congress. And our best bet is thru some relatively non-controversial bill like HR5882 (not CIR) - yes its a stop gap measure but it does solve many of EB issues until a new CIR comes into play. If you remember the golden days of EB in early years of this decade are because of a similar visa recapture in last days of Clinton administration - we need something similar.




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  • stucklabor
    03-19 05:53 PM
    PD, I don't agree with the phrasing of the new Labor Cert clause. That is not how I read Frist's bill. Did you make up the new labor cert clause yourself?


    Will advanced degree holder need labor certification?

    I think they will. Here is how the new labor certification clause will read:



    So labor certification is required for advanced degree holder in STEM with 3 years of US experience prior to applying will be treated as special a case.

    Also, this clause says that the degree has to be from a US university. I think Attorney Mathew Oh is wrong in saying that graduate degree holders in STEM from foreign universities can apply too.



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  • howzatt
    12-10 04:32 PM
    WOW. What a stupid thread? The OPs anger and frustration might be justified. However, his tone and language used is a bad choice. This is obviously not the first time.

    I have said this before; Calling people names or using stupid analogies is not the way to encourage people to volunteer or contribute.

    Your method of constantly bashing people and calling people names is unfortunately reflective of the organisation and core team as a whole. Do you even think before you hit the "submit" button? Imagine if a CEO starts making stupid remarks about his employees. Would it have a positive effect or negative effect? How many of the senior members really approve this approach? This approach will only alienate people further.

    Amma came out and apologised for her mistake. Will logiclife do the same? I guess he does not have to. I am not sure if he has issued any apologies in the past. If he hasn't, this might be a good time to do it.

    OLDMONK makes good points. I expect other senior members to respond by asking me what or how I contributed so far. Just to avoid more posts, I started off contributing but could not motivate myself after having seen numerous stupid posts from different people. Ofcourse, some people will use this behaviour as an excuse to not do anything.

    Logiclife's post does nothing good. It only increases the separation between the so called volunteers and bench warmers. People deserve to be treated with respect and that is something he needs to realize.




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  • newuser
    07-27 11:55 AM
    Hi gps001,

    I have same question. I filed I-485+AP+EAD in July fiasco, after one year renewed I-131 (paid the fee then). I remember from that time that I do not have to pay the fee again to renew it. But in the e-file form I am not seeing option to get the waiver. Now I am doubting whether 2nd renewal is free or not?

    I believe you have to pay the fee again to renew. If you applied your AP after the new fee structure kicked in, then you don't. But most of the July fisaco filers have to pay the fee for renewal as the new fee kicked in after the fiasco.



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  • pmmo
    10-21 09:12 AM
    Thank you all for your inputs.

    Alias, very helpful guidance. I plan to take this up with my attorney and see if I can correct the error. Can you let me know which attorney firm worked for you? It feels frustrating that now I need to spend money on an attorney and go through all the stress for correcting the mistake probably made by a USCIS staff.
    To the question from urwelcome, I don't think I received a I-485 approval notice. As far as I know, I had the biometrics, then an RFE and then a Welcome Notice in January. I have never received the actual card as in the case of Alias and my spouse's status remains unchanged. I am on EB3 (India) and the PD is August 2003.( don't have the exact date on top of my mind, it has been a long time:-))

    Thanks again.




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  • RajForGC
    06-19 04:07 PM
    Does this Bill and all associated Amendents get the new introduction date or it will basically take over from the Last Bill and Amedments. I am asking this question because last bill saying 140 after May 15 will be invalidated. Is thi still valid for this Bill? or they are gonna use tomorrow's date.



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  • mbartosik
    09-25 12:36 PM
    Mark, point taken but I do believe if we can raise some stink then we should. The Law firms need to realise that the country club memebership is coming at the cost of some poor sap stuck in the immigration rut and all he/ she needs is kind words and sound advice. I shall stop my ranting about Fragomen after this post.

    On your other point about law firms participating. What makes you think they already do not have a member in the forums. If they read this good then the messeage has been sent across.

    If approached in the right way there is a chance that big law firms will be helpful to us. The way to do this is politely, not raising a stink, with a credible number of their clients supporting us. The big law firms could act as a "force multiplier" to use a military term, only a small fraction of the community currently know about us, the big law firms and USCIS are the common connection for EB GC process, and USCIS is not about to email all their customers about us. With the right encouragement law firms might just help.

    If they have members reading forums great. However, please do be civil.
    I do understand the need to vent and rant sometimes. My personal guide is not to post anything that I do not want to be publicly (or legally) held to. Also a balanced constructive post is useful for all. So I place my full name in my signature.




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  • pdFeb09
    06-16 10:36 AM
    I guess this is the best thing to do, to upgrade my current EB2, and apply for an EB3. I hope this will expedite thins around here. Looking forward to more good things come.

    You mean you are in EB3 right now and want to upgrade to EB2, right? Not the other way round?

    If you are in EB2 already, don't move a muscle ! Unless ofcourse you can upgrade to EB1 !



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  • kc_p21
    12-10 04:03 PM
    Please
    It's a sad day to see IVers granting each other 'red squares' , and committed members asking each other to 'shut up'.

    We are quick in jumping at each others throat for no apparent real reason ! Being part of a forum is sharing space with others, with those whom you disagree, and those who disagree with you. Argue logically, but don't make it a personal fight.

    Don't agree with someone, make your displeasure known. If things seem to be getting hotter, ignore the other person. Live and let live. We have bigger issues to worry here - GC mess - instead of who said what !




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  • amitjoey
    05-28 10:43 AM
    Thank you VJP, Pandi, ramaonline, vineet for your contributions

    Total $ 8,700



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  • reddymjm
    06-15 09:58 PM
    Understood every point of yours & I stand by what you said except for the language as it could have been a bit better. Regarding EB3 or EB2, maybe IV should work attaching a provision as part of its CIR work, which makes USCIS determine whether a candidate is in EB3 or EB2 based on the PERM & 140 instead of letting companies & attorneys mention it. If this happens the process will be much better as USCIS controls the categories & applicants do not need to beg a company to throw them into an EB2 basket or EB3 basket. Also, applicants can have certain amount of freedom from the companies.

    When a process is flawed, there is always room for abuse. Of course, the abuse might be minimal, but when we see people with masters & 15 years of experience toiling in EB3 category it pains my heart. It is a fact there could be lesser qualified inidividuals who are in EB2 category, but the companies have managed to use these to hold the employees as hostage.

    Hopefully USCIS someday understands this and takes control of assigning applicants into categories than asking company & attorney to mention.

    Just sharing my two cents. Also, frustrations from EB3 should be tolerated by IV members, instead of beating them with "red dots". Because if we request members to put their time and effort then it would be mostly EB3 members as they are the "worst" affected. I am sure every year between july-sept most of EB2 members will do bulletin-watching & there is nothing wrong in it.

    Next year by this time only EB3 will be here and I dont think many of the EB2 will even bother to read the forum. God bless EB3. Even for those guys with PD in 2003 if you think that you will be lucky in year or two, try buying lottery tickets too. You might win a jackpot.

    Good Luck guys...




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  • days_go_by
    07-19 10:38 PM
    You go back to India and withdraw one year later when you have 0 US income. Anything below 15K income is not taxable. Your 401 (K) withdrawal is added to your income for taxes
    ---
    Are you sure about this headhunter?
    Do you know who has successfully done this?
    I understand the theory, but no one is willing to say for sure if this is indeed possible.




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  • Jaime
    09-04 01:03 PM
    People just don't want to soil their hands in cleaning their house but want others to do it for them.

    Lot of people consider it below dignity to do something about GC related stuff, many just want to live they way they are, no ambitions, no motivation to work towards a change.

    You are right! But many others do! And many that currently don't are just misinformed, and I believe that they can have a change of heart and attend the rally once they see it is the right thing to do!




    GCard_Dream
    03-21 02:48 PM
    ... but only after they have issued a greencard to each one of us. :D

    I propose to dissolve USCIS. No matter what USCIS failed in all respects of appeasing

    1. Indians
    2. Chinese
    3. Mexicans
    4. ROW
    5. Philippines
    6. EB1
    7. EB2 - NOW
    8. EB2
    9. EB3
    10. EB4
    11. EB5




    manderson
    06-14 07:53 AM
    there is a god!



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