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  • mrajatish
    05-02 11:37 AM
    The relief for EB3 comes because a lot of EB2's/EB1's will be gone from the quota. So, if the queue is smaller, you get it faster. The way I look at it, we want the queue to be smaller.




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  • mahujam
    07-28 12:54 PM
    Received by USCIS on 12th June.
    Lud on 18th June.
    No receipt received. Found SRC number through cashed check.
    No further movement yet.

    Eb-3/India/17th Jan 2003.

    Just got email. No card yet.

    Current Status: Card production ordered.
    On July 26, 2008, we ordered production of your new card

    update:
    Another thing I just noticed is a LUD on my I-140 which was approved a year ago ( july5th 2007)
    The lud happened on 7/27/2008.




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  • english_august
    07-09 04:59 PM
    here's a writeup for reporters.


    You might want to use the well formatted documents on this thread
    http://immigrationvoice.org/forum/showthread.php?t=6248

    They incorporate most of your arguments here.




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  • sunnysharma
    06-08 03:59 PM
    mine file reached there today.

    reddymjm , You can see your LIN/WAC # from your cleared check.



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  • Hello_Hello
    02-08 04:17 PM
    I love my country and want to go back, but it is in the hands of rapists and looters and I suspect it will remain that way...either I become a Gandhi and spend my life liberating it, or live year with my eyes & ears closed...But you watch Indian TV and see him everyday? :D

    Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.




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  • wandmaker
    08-18 08:12 AM
    My question is - has anobdy got their cards without getting the CPO e-mail - I have recd the approval notice on 11th in the mail - but I have yet to get the cards also I did not get the CPO e-mail:confused:

    I have received with a CPO email - Full sequence at http://immigrationvoice.org/forum/showthread.php?t=20706



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

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


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

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

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




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  • GCStatus
    09-17 03:09 PM
    I don't think we are wasting energy/time by identifying gaps and answering questions to folks who want to know more about what exactly are we talking about here. Moving on and gaining more and more support etc., all these things need to be done in parallel.

    Wanting to know more and talking trash/dumb - 2 different things.

    Yes we are here to clarify for the former. For the later, is what my original comment was.

    Also like i mentioned before, did we do some analysis on the links MadhuVJ sent few days ago?. I will be calling few lawyers today and keep you all posted



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  • BharatPremi
    11-01 05:13 PM
    manderson,

    thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".

    So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.




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  • VK373
    06-11 04:55 PM
    I know one of us got it. Any one else ?

    Yes, All of my checks got cashed today and i got all the reciepts in mail. RD is 06/01 and ND is 06/06 from Nebraska.



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  • Macaca
    12-10 11:23 AM
    Why don't you tell other proud americans to not

    1. admit us to your educational systems,

    2. give us jobs, and

    3. sponsor our green cards.

    Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?

    The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.




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  • rdehar
    10-08 02:48 PM
    This should be #1 priority of IV.

    People have been waiting for their GCs since 2001, 2002 or 2003. My PD is 2004, and I absolutely want everyone with PD before me to get GC before me.

    People who are opposing this idea are used to cutting lines -- most of them look like '06 and '07 wannabes ...



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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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  • anzerraja
    07-20 02:36 AM
    Here is the spreadsheet link to see the update as of July 19th 2007 12.00 AM.


    http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en


    Awesome !!!

    Please note that some of the members who have pledged have not yet filled the amount yet, so those are blanks. They will be filled in, once the members quote the pledge amount.

    This is amazing that the news about this thread has not yet reached all the other members and still the response is very very good.

    Thanks all of you !!!


    TOGETHER WE CAN GET THIS DONE TODAY.



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  • zoooom
    07-20 11:47 AM
    HI Anzerraja,
    Just pm you..reply when u get a chance.




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  • prem_goel
    08-26 05:19 PM
    There are cases pending since last august. This is the whole theme of the thread. Lots of cases stuck in vermont service center.

    Does anyone know?



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  • gcspace
    10-16 10:07 AM
    I emailed CIS Ombudsman. Not sure if its going to cause any affect.
    I might call them tomorrow..but we know what the reply is going to be ...WAIT for another 30 days.




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  • senthil1
    12-14 06:52 PM
    I myself will not support for skill Bill in current form. Too much H1b numbers will not only create a problem for US citizens it will also for current H1bs as well future H1bs. That 20% automatic adjustment and exemption for Cap for MS persons will increase supply and it will be tough to find a job if too many people are in the market. There are abundant jobs in India. Let people wait in India for 1 or 2 years to come here. Sustained immigration without increasing unemployment is better for US as well as potential immigrants. Otherwise Hate will increase. It may be easy to talk Capitalism and fittest will survive. When those people talking will be unemployed for more than 6 months with kids in the family will realise the truth. In the Forum most of the people are young and they did not face any issue other than Green card.

    But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.



    I agree whole-heartedly.
    Senators/Congressmen are rational, smart and intelligent people. We HAVE to apprise them of our situation.
    We have a legitimate, common sense and good cause on our side.

    In this time of globalization and increased competition, do the senators/congressmen really want this country to lose half a million highly skilled, experienced and trained-in-America-for-years people to India and China, and to Europe and canada?

    If they put 'holds' or refuse to take up our cause after they are fully aware of our situation, then atleast you know that they are doing it out of racism and/or narrow political and parochial motives.

    But unless we make our situation known to these guys, we shouldn't really blame them.......Also, those with kids born in America might get more of a response from the legislators.

    It is pathetic that there is a thread from NJ, and the guy is begging people to join/respond; it is mind-boggling that there are only seven members from NJ. It is absolutely ridiculous that the only two responses on the 'Calling all Wisconsin members' have been from myself, and another person. And that other person is from Illinois......

    Can there be any guidance from the core team about personalizing our stories, and making those known to the legislators?




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  • desi3933
    06-22 07:53 PM
    Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.

    BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.

    My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.

    Good luck.

    The so called Bond is actually "Employment Agreement" and it very well could be valid. Please check some cases in PA State for such Employment Cases and you may be surprised. This is not to suggest that every agreement is valid. Depends on the agreement wordings and the State Law.

    Just trying to bring the other side of the coin.

    These employers are doing wrong. They should help in filing I-485 for their employees. Greed has no end. Thanks God, I didn't work for such employer. I worked as hourly employee and still they paid for all GC expenses (including EAD for my spouse). My employer was non-desi and I don't know if that matters or not.

    I think Negotiation is the key word here. If they know that you will leave now, they WILL try to cut a deal. All matters who is going to blink first.

    Good Luck to everyone and keep your hopes high.

    This is NOT a legal advice.
    -------------------------------------
    Permanent Resident since May 2002




    apahilaj
    11-06 04:19 PM
    just sent e-mail to ombudsman. I would encourage all of you to send e-mail regarding FP delay. it did help in getting receipt notices. Please do it for FP also.

    Hello,

    Would you mind sharing some details as to what email did you write it to, any standard form we have to fill out, etc?

    I would like to wait till the end of SR period before I bother my ombudsman.

    Thanks.




    MeraNaamJoker
    08-26 09:29 AM
    I was told by IO at info pass that my case was with an officer on Aug 05 , got CPO on 25

    i had a SLUD on AUG 21 ,


    Thanks

    In most cases the next action after CPO mail was within 5-7 business days. So keep your fingers crossed for the welcome mail. Follow the postman for your card arrival.

    For me it happend within a span 11 regular days from CPO mail. 5th day after CPO mail, I got welcome notice in the mail and then 6th day from there I got my cards in the mail.

    By the way, the online status still stays and it is in post decision activity. That is 12 days after I received my physical cards.



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  • shantak
    02-04 08:39 AM
    mine is July 2007 and im in Richmond, State of Virginia. Local ASC that would be processing my FP would be Norfolk.
    Thanks
    Hi,

    What is your 485 notice date and which state are you residing?




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  • paragpujara
    08-18 12:30 PM
    ADIT - Alien Documentation, Identification & Telecommunications System (ADIT Photo's no longer used by the USCIS )

    ADIT refers to biometrics. What the approval notice is stating is that you will get your GC within 60 days or when you complete any ADIT processing that still needs to occur.

    Some people are getting their GC approved without an up to date ADIT file. So the application is approved and an ADIT request is made. Once you complete it, they send you the card.

    The old I-551 stamp was also refered to as an ADIT stamp, but I don't think that's what they are refering to here.

    Don't worry about it, it's the standard message.

    IF ADIT PROCESSING IS REQUIRED THEN IT WILL BE MENTIONED IN THE WELCOME NOTICE. THIS IS A STANDARD MESSAGE. I ALSO GOT THE SAME MESSAGAE BUT MY WELCOME NOTICE DOESNOT HAVE ANYTHING ABOUT ADIT PROCESSING. SO TAKE IT EASY.

    When did you receive email and when did you receive your card ?




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  • eb3retro
    07-04 10:52 AM
    I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...

    exactly the same situation as mine. Attorney was an A#%$%OLE.. gave all documentation on first day of june, and the sucker filed it on June29th reaching USCIS on july 2nd.




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  • diptam
    07-02 09:35 AM
    If there is a revised bulletin which shows that your Priority Date is retrogressed then your's will be thrown off ....

    I mean you missed a golden opportunity because you had whole of June
    to file - i know its not your fault , just stating the Fact.

    I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...



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  • pcs
    03-08 02:15 PM
    This will really help. Simple things like posting on various web site forums about IV will be great




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  • mqualique
    05-01 01:47 PM
    Even if FB 2 almost has same priority date as EB 2 or 3 once the EB dependents quota gets counted against FB quota almost half of the EB backlog would move to FB which will cause progression in EB dates and retrogression in FB dates. Anyway I think simple1 point is definitely a good point and worthy of further discussion and clarification from attorneys.

    Dependends will come under

    FAMILY-SPONSORED PREFERENCES

    Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
    Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

    The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.

    Primary -> Gets visa number from EB 1,2 or 3
    Dependents -> Gets visa number from FB2

    Wife and children need not wait because FB2 is not that retrogressed.



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  • jtravers
    11-21 11:47 PM
    Hi Mehul,
    We are praying for you. Do not loose hope. God has taken you this far and nothing is impossible for HIM.
    I have known quite a few people who have been cancer survivors, some have gone through treatment and in some cases without treatment, it just went away. Like I said, don't loose hope. Try out the options that a lot of the folks have suggested on this forum and continue praying.




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  • anzerraja
    07-20 12:18 AM
    All the $200 guys, we only need 320 guys like you :) Thanks !

    I pledge $200.



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  • bigboy007
    07-02 10:31 AM
    Mine delivered 9:00 AM via Fedex shipped on 6/30

    lets see what others have i did it on saturday late evening.




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  • caliducas
    09-17 09:57 PM
    My attorney got the receipt notices in the mail today. See my signature below.



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  • shreekarthik
    10-08 06:40 PM
    First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.

    There are a lot of misconceptions about AoS. Let me write it here.

    1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.

    2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.

    3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.

    4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.

    So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.




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  • another one
    12-17 05:22 PM
    That's what happens after tippoing point is reached. But there are numerous paths to the tipping point. I wouldn't attempt on generalizing them.


    (like book tickets, find a job back home, etc... )[/I].

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  • guchi472000
    03-26 09:41 AM
    My PD is EB2 Nov 2006.




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  • TheOmbudsman
    10-25 09:13 PM
    One more dreamer.

    What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))

    As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.

    But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.



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  • skc526
    02-24 03:24 PM
    :)




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  • axp817
    09-11 08:19 PM
    Received the card production ordered email today.

    TSC paper filed, RD & ND - July 23 2008

    Soft LUD on July 27 2008

    Approval - Sept 11 2008

    Receipt notice starts with SRC08231

    Hope everyone else gets theirs soon.



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  • sweet_jungle
    11-06 02:25 PM
    Folks who opened an SR and had NSC-CSC-NSC transfers, what is the format of the ref # the Cust Service Rep gave you??

    I got a # of the format T1NXXXXXXXXXXXCSC format.

    I also got this format. but response, came from NSC after 30 days of filing SR.
    I had called in the middle to confirm whether SR went to CSC. Rep said requests will get to apprpriate service center.
    the other problem is for people like us, the status says " case traansferred and pending at uscis office". I find that reps find it hard to figure out where it is pending. because of wac number, they sometimes conclude it is CSC.
    the status on phone says "pending at lincoln".




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  • anilsal
    05-23 12:11 PM
    Used the sentators contact form on their website to post the concerns IV has.




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  • pani_6
    07-25 11:16 PM
    Did you send out the latest letters...I am getting a positive feed back ..that approximately at least 500 letters have gone out..we started to make noise.. and we will see the results eventually...More action items will follow in comming weeks..Dont forget the high five though campaign though ;)




    http://immigrationvoice.org/forum/showthread.php?t=20452




    What happened to EB3-I, call to action ? I sent out the letters ,but what is the follow-up ? Looks like everyone is interested only in EB2 India and nobody is doing anything about EB3-India.




    kg318
    04-24 10:18 AM
    What wrong he did? Nothing illegal but certainly not the best practise. Atleast he has been insensitive to his former employer.

    what in the world makes this insensitive. h1b employees are not the bonding labours to the employers. If the employee leaves the company within 2 or 3 month after all the pain company had taken like spending for h1b filing training or providing placement, then that would be insensitive. After 2 yrs of serving, if the employee wants to look out for something better, employer shud make the exit smooter. And some else said earlier that its only employees who force employers for GC. i do not think so. If u see any advertisements posted by desi employers, the packages come along with GC process. they highlight GC point to attract the employees. yes it is true that most of the employees look out for GC for settlement. but that doesn't mean they force their employers who are not ready to do it. they might choose someone who offered GC process as a part of the package they r offered in the first. in such cases the chances of employers who do not offer GC process to get h1b's drop down drastically. thats the reason they offer GC.
    Also GC makes long term commitment between an employer and an employee.
    Everyone knows how long GC process is gonna take. So for all the yrs h1b's r holded to their employers, which is definetly making the employers business lot more easier. so why in the world an employer especially desi's wouldn't want to file GC?????




    BharatPremi
    11-08 01:00 PM
    When some one decides to apply AC21 by having an offer from another employer, it is not clear if one is required to inform USCIS about it. Some say one should, others say, not required. Has anyone seen any USCIS position on it? If not, perhaps we should make this as a question for next Ombudsman's conference call.

    Good suggestion for bringing this to Ombudsman. BUt anyway informing USCIS would be the wise step in a sense you will not invite unforseen problems may be associated with not informing.



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  • gc4me
    04-24 11:29 AM
    Another silent deshi employer here trying to scar H1s not to sue. I guess he created his ID (Join Date: Apr 2008) just for this.
    Go and create another website in favour of deshi blood su&^%$rs called reverse-IV.org. Don't try to mock here.

    Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.




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  • capriol
    09-12 05:06 PM
    Congratulations, mine (485 and 765 for my husband) was received by TSC on July 24th but no receipt, no checks cashed nothing yet. It seems TSC is really slow in receipting the applications. My husband needs to travel abroad soon and we're anxiously waiting for the receipt...[/QUOTE]


    Hello: I am in the same boat with you; received 485 at TSC on July 25, 2007 but no news of checks being cashed. In that context I have a question:
    Can we start a thread only for those sending 485s to the TSC say after July 17, 2007? (This is because most postings are for the NSC).
    Thanks.




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  • madhu345
    07-20 07:06 AM
    Extra 100$ in addition to recurring contribution.

    -Madhu




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  • belmontboy
    09-27 04:42 PM
    CO's words have been mostly pessimistic..and upsetting so far...

    It's the reality.



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  • gcsucks
    05-02 12:33 PM
    Section 205. Retaining Workers Subject to Green Card Backlog.
    Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available



    Section 201 item two says exemption for all advanced degree holder who worked in US for atleast 3 years in a "related" field. I know there might be issues with definition of "related" but seems job can be EB2/EB3 as long as the beneficiary has an advanced degree and the job is in related field - they are exempt. Am I reading it correctly? I think is how its in STEM right now. A very good back bill for us (if CIR fails to materialize).




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  • mmk123
    11-18 07:19 PM
    action item done by me and my wife.



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  • desi3933
    07-12 06:43 PM
    .....

    If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.

    USCIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards.

    http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20(L-1A%20and%20L-1B)/Decisions_Issued_in_2008/Nov032008_17D7101.pdf (http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20%28L-1A%20and%20L-1B%29/Decisions_Issued_in_2008/Nov032008_17D7101.pdf)


    CIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards. Agency interpretations that are not arrived at through precedent decision or notice and comment rule making such as those in opinion letters, policy statements, agency manuals, and lack the force of law
    .




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  • smuggymba
    07-20 10:34 AM
    IV could not even collect 20K in the Washington DC drive. I hardly saw EB3 folks contributing (based on my observation, I might be wrong so take it easy). If every EB3 person contributes 50USD, it will be enough to run a campaign. Action is the key, not posting in forums. Hope we get out of this EB2 vs EB3 and as focus on visa recapture.



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  • delhiguy
    07-08 05:54 PM
    No onde denies that we cannot vote. But we have the basic rights, like being treated "equally and fairly". For example, if some employer violates labor law and did not pay you for your work, I am sure you can sue, even though you are not a citizen. There are some basic rights that everyone has, esp. if you hold good fainth and are damaged. Statement that you do not have any rights as you are not a citizen is just wrong. I am wondering how this will impact people's (esp. people from other countries) perception about this. :confused:

    Sir,
    What i said are my views after reading through the internet, I may be wrong.
    We would now have to wait for the lawsuite judgement , to know where we stand.

    I planned to sue my previous employer and i called a labor lawyer , when i told him i am on h1b , he said that i need to call some lawyers who specialize in h1b labor law, as his expertise is in labor law specific to us citizens..




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  • nogreen4decade
    08-25 12:08 PM
    I never had a soft LUD on my 485 because of EAD renewal.... But one time I saw it, but my lawyers filed AC21 around the same time.... So I would think it was because of AC21.... So I was always under the impression that EAD renewal has no LUD's on 485, based on my experience


    My wife got a soft LUD on 8/21. She has PD of Dec 2005 EB2 (I). I wa shappy to see some activity but then i saw the following thread (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1599851-ead-renewal-but-i-485-update.html#post1981520) . It looks like some got the soft LUD on their 485 but their EAD was in process and same is the case wiht my wife. She applied for EAD renewal last month.



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  • SGP
    11-18 01:56 PM
    "There is no harm in trying. Leave no stone unturned."

    This may sound optimistic and promising, but in essence sending random rhetoric using off message statements like "Erase Backlog Now" conflicts with our targeted messaging. To the observer on the Hill (i.e. in Congress) it all sounds more like a noise without a coherent message.

    I'm sure you would agree that "no harm in trying" and "Leave no stone unturned" doesn't mean diluting our effort or sending incoherent message. That is why we need to have a single voice sending the same targeted message each time, otherwise we will just sound like awkward noise.

    Can't agree less. We all have one goal. We are all one voice. In my personal opinion, I always try and stay optimistic.




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  • GreeNever
    05-03 10:48 AM
    I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.

    Master's Degree in the US from an accredited Instituiton plus five years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.

    What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...



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  • PDOCT05
    08-28 10:49 AM
    I sent my 485 to NSC on JUL 3rd, my 140 approved NSC, no receipts from
    TSC yet. Does any body got receipts who applied on JUL 3rd...?
    If your 140 Approved from NSC then you should get receipts from NSC. Not from TSC.




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  • gauravster
    07-08 04:30 PM
    You are incorrect on multiple accounts.

    But, before going there, let me ask you this. What is your legal reasoning to dispute the case you have mentioned?


    .

    The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US and to US citizens employed by US employers outside the US.



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  • nozerd
    05-03 05:22 PM
    Cornyn bill as I read it is better than the other bills for US Masters holders in non STEM area ex someone like myself with an MBA.

    As far as I read it basically it says to be quota exempt you should

    1) Have Masters or higher from US Univ.

    2) Have Masters in STEM and 3 yrs exp. (even if Masters is from outside US).

    So based on this logic even if someone has MA in English from US Univ they will be quota exempt, correct ???


    The �SKIL� Bill
    Short Title: Securing Knowledge Innovation and Leadership (SKIL)

    Title I � Access to High Skilled Foreign Workers

    Section 101. H-1B Visa Holders
    Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.


    Section 102. Market-Based Visa Limits
    Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.

    Title II � Retaining Foreign Workers Educated in the United States

    Section 201. United States Educated Immigrants.
    Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.

    Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.

    Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.

    Section 202. Immigrant Visa Backlog Reduction.
    Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.

    Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.

    Section 203. Student Visa Reform.
    Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.

    Section 204. L-1 Visa Holders Subject to Visa Backlog.
    Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.

    Section 205. Retaining Workers Subject to Green Card Backlog.
    Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.

    Title III � Business Facilitation Through Immigration Reform

    Section 301. Streamlining the Adjudication Process for Established Employers.
    Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.

    Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
    Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.

    Section 303. Eliminating Procedural Delays in Labor Certification Process.
    Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.

    Title IV. Miscellaneous

    Section 401. Completion of Background and Security Checks.
    Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.

    Section 402. Visa Revalidation.
    Allows temporary workers who have not violated their status to renew their visa from within the United States.

    Section 403. Severability.
    Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.




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  • chanduv23
    07-08 11:23 AM
    I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.



    Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.



    This is really a very unfortunate situation.

    The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.

    Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.

    On the practical side, vast majority of employer have no issues with such EVL letters.

    Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.



    It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.

    There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.

    I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.

    ---------------
    Life is not fair; get used to it. - Bill Gates

    Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates


    .

    Your perspectives go well beyond what an average immigrant thinks about the whole EB system.

    I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.

    In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.

    I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.

    A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.

    I am not blaming an employee or employer for this but this entire EB based system is set up in that way.



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  • kopguy
    07-21 12:41 PM
    I do agree severely retrogressed folks do need some concessions and I appreciate guys like Sanhari highlighting this issue. I think we should mobilize the opinion and assert it in a positive way. IV core members have a lot of experience in dealing with the DC system and USCIS let us take advantage of this so that we are not reinventing the wheel.




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  • venkybr
    08-27 12:58 PM
    I-485 application reached NSC on July 11th 9:13 am, signed by K.LAWSON. No receipts yet.

    PD - 06/2006, EB-3, INDIA
    I-140 - Approved NSC, 10/2006




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  • GCNaseeb
    08-30 05:55 PM
    Some one should create or re-create the thread at Members only forum so it will be seen from the main page.

    Please create link to main page Forum So that everyone can access easily.




    PBECVictim
    08-01 05:24 PM
    On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).

    Reached Nebraska Service Centre on July 26th.

    Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.




    glus
    07-02 09:43 AM
    Fed-Ex sent today july 2nd.:)

    Note: Iam not sure if anyone should have posted on jun 30 to be delivered on july 2nd. But again, i don't know.:mad:


    REceived date is important, not the mailed date. So if one sent on jun 30 that's ok.