Monday, June 27, 2011

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  • gc28262
    07-20 10:17 PM
    Dear EB2 guys,

    This thread was started by one EB3 guy to discuss about EB3 plight. If you don't want to constructively ( including criticism ) participate in the discussion, can't you at least stay away from this thread ?

    Why do men go after a pretty girl? shouldn't the ugly one get attention as much attention?

    Men don't realize that make up is the magic that makes these ugly ones look pretty. :D

    Why does your boss make more money than you?

    Because boss takes credit for all your hard work.

    Why Katrina Kaif is sought after not Nandita Das?

    I beg to differ. I prefer Nandita Das over Katrina. Nandita is more brains with reasonable beauty.

    Why does a person with a 770 credit score get lower interest?

    In America people having more debt has better credit history. In our country it would be considered stupid to give credit to a man in debt.




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  • ronhira
    09-25 08:48 PM
    Saw an interesting video on youtube the other day. The first thing that came to mind was the EB2-EB3 fights. If only we can fight together rather than each other ! ;)

    YouTube - Every Indian must see this Video (http://www.youtube.com/watch?v=dc4UltkRJsw)

    & this'll be the result

    Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/1/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)

    Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/2/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)




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  • desi3933
    06-28 06:46 AM
    desi3933,

    Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).


    "(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --

    The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.

    Thanks for your reply.

    H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.

    Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).

    Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.

    Now, coming back to your quote
    "(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.

    In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.

    It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.

    Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.


    Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.



    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • flresident
    08-21 06:21 PM
    This is for my wife's first time EAD.

    Category: EB2, TSC
    Priority Date: June 20, 2006
    I-485 filing date: July 17th, 2007
    Paper based EAD application Received date: Aug 8th, 2008
    LUD : Aug 12th, 2008
    Card Production Ordered : Aug 16th, 2008
    Card Received by mail : Aug 21st,2008 ( valid for 2 years)

    Whole process took around 2 weeks.



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  • lskreddy
    09-13 11:31 PM
    Thanks for starting the thread. I share your grief and agree that we gotta do something. As much as I agree that we have to fight for our rights, I am not too sure if suing is the best option.

    Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..

    If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)

    Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.

    I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.




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  • rbusgc
    02-02 04:24 PM
    [QUOTE=spulapa;2310211]
    think about it, there has been slavery here in the united states similar to what has been in India, India is now a secular and democratic country, with opportunities for all, but one has reservation there, so in a similar sense, the blacks/ latino's would also need reservation here ??.

    Simple ... Blacks and Latinos are minority in US... and in India so called Backward Castes are the Majority and in a Democracy MAJORITY RULES! .. so Reservations Persists in India!!! :)



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  • bombay
    02-05 02:19 PM
    Thanks Lasantha,
    I am the primary Applicant. And my wife is secondary applicant. Can u send me any links or a lawyers contact so i can confirm it



    I think it depends on who the primary applicant is in your Canadian PR application. If you are the primary applicant (and used your spouce's qualifications to get the extra points), you should be able to do the landing alone. But if you are the secondary applicant and your wife is the primary then I don't think you can land without her.

    I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.




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  • crystal
    07-10 10:34 AM
    I am not able to see can you paste the content ?
    Article on Pioneer Press in Minneapolis, MN

    http://www.twincities.com/ci_6336222?IADID=Search-www.twincities.com-www.twincities.com&nclick_check=1

    I am able to see here

    http://www.twincities.com/business/ci_6336222



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  • gc_chahiye
    10-08 01:11 PM
    Being a 2001 PD myself I fully sympathize with you for your trauma and support your notion that the Immigration System should give weightage to the number of years in the US, I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky. Either they give it to everyone (all the 800000 that applied) or they do FIFO based on date of entry in the US. If not, the present system of retrogression at least ensures that a person who came into the US in 2007 does not win the Inky-Pinki-Ponky game before a person like me in the queue since 2001. I agree that some extremely unfortunate people like you lose out, but it is still fairer than having no retrogression with the quota limitations in place, as that would be totally unfair.

    I totally miss your point: why is ending retrogression bad? Because all 800K people might get the GC within 6 months? Whats wrong with that? Its not fair to those who have waited longer than others? Dont be a member of the "just because I suffered I want everyone else to suffer" That makes you no different from that talkshow host (who is now a citizen) on the radio channel recently who said he waited 10 years to get his GC, so everyone else also should, otherwise its not "fair"

    Or, are you mixing up ending retrogression with making dates current? No thats not what we want. We want dates made current after the visa supply = demand. Just making all VBs like the July VB is pointless, and does lead to lots of uncertainties. By ending retrogression I mean making sure we have enough visa numbers for all who have been qualified by DOL (LC) and USCIS (I-140), by:
    - ending per-country quota
    - not counting dependents
    - recapturing wasted visa numbers.




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  • khukubindu
    05-05 05:13 PM
    Hello,
    I don't know is it the right place to post this. What will be the EB-3 ROW in the coming June Visa Bulletin. I have asked my attorney and got the following response:

    Q: I am in the Rest of the world chargeability area. My category is EB-3. My priority date is July 27, 2006. Do you think that my priority date will be current in the coming June 2008 visa bulletin. The May 2008 bulletin's cutoff date in my category and chargebility is March 1, 2006.

    A: Unfortunately, we have no way of knowing if your priority date will be become current next month. Sometimes the priority dates stay the same for many months, or become unavailable completely like last summer. At times, the dates may jump many months or even years. We can not speculate when your date will become current, as it is truly unpredictable

    Is there any gurus who can give me an idea ?



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  • vinabath
    03-26 10:13 AM
    2008, 2009 = 280K

    Total EB 485 applicants whose PD<2006 approx 200K????

    I think you guys are in good shape. I dont know why it will take 10 years.

    The process is streamlined now.

    PERM process
    140 immediately after labor
    No more labor substitution no more cutting lines.
    NC>180 days you will GC

    Once they reinstate 140 premium processing.....all the backlogs will be cleared by next year october.




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  • asdfred
    08-04 01:24 PM
    applied 19th june
    TSC
    paper based
    LUD on 21st june
    card production ordered aug 1st



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  • PDOCT05
    10-03 02:31 PM
    I just called USCIS and IO said they just started entering data to the applications for july 2nd and 3rd filers..we can expect some thing in next 10 days...:):p




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  • indianabacklog
    11-21 03:53 PM
    Mehul

    I can more than understand what you are going through right now. I was diagnosed with cancer ten months after coming to the US. I am also the principal applicant and of course it was terrifying. I have no idea what your prognosis is or the type of cancer and do not need to know. However, I live in Indiana and the doctors here managed to save Lance Armstrong. He was sent here from Texas. I am now a six year survivor.

    I am now undergoing tests for a possible second cancer diagnosis seven years later and still no green card for my family. Hoping for one for my husband in the New Year. My son aged out and is on a student visa. I live each day realizing this is not a dress rehearsal and have to believe everything will be OK and I have absolutely no control over what the future holds.

    I know only too well how shell shocked you are right now but you have to have faith that things will work out how they are meant to. Adversity can have a silver lining.


    Wishing you all the best in your treatment plan. You need to concentrate on your health right now.



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  • fundo14
    04-18 05:43 PM
    Hi All,

    I have to do the landing before june, 2008.

    I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.

    I am planning to do the landing in last week of may via Niagra falls. (toronto)

    anyone with similar status done landing please share your experience.

    Thanks




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  • hpandey
    07-28 05:55 PM
    EAD Paper Filed TSC - 21st June

    RD - 06/23/08

    No LUD after that. Still waiting.

    Applied 06/23

    Got cards for both me and my wife on 07/28

    Approved for two years beginning OCT to OCT/10

    The weird part is that my I-131 application still shows pending on the USCIS website . My wife who is the Primary applicant got her application approved on 07/22 .



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  • Macaca
    07-09 12:01 PM
    � 245.1 Eligibility.
    (a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.

    Condi and USCIS are saying the above.

    Now lets see how the above LAW was followed in the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.




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  • gjoe
    10-08 05:51 PM
    If you really wanted to correct the so called misinformation I am spreading why do you have to start with things like "IV member know that you don't want to volunteer"? Is this is supposed to intimidate me or you just trying to spin information for your own cause?
    Please understand that I am not against what IV stands for and what the members do. What I don't agree with is the way some immature Senior members do by loosing their cool. Cutting off peoples thoughts and ideas in not right. I would go futher to make a bold suggestion, " IV has to screen these so called senior members for maturity before making them members who carry the message"
    I am not blaming anyone here, but moderation in their temper is expected off the senior members in any place not just in this forum. Intimedation and threats have always resulted in the downfall of the whole group, history would teach us that.

    ---
    Your post is highly misinformed and members aren't surprised by your lack of correct information, you mention in your profile that you don't want to volunteer and you didn't attend the DC rally. No wonder you are disconnected from reality about how far IV has come. It is a fact and all members know this, IV scooped the July visa reversal.

    Please stop living in the blunderland and face the reality. IV was a big reason, we never clam to be the sole reason. We work with other stakeholders. Without a grassroot effort none of the other constituents would have been effective. You mention about the AILA lawsuit "threat," well, why didn't they actually file the lawsuit? We agree that the lawmaker's letter was instrumental in the July visa fiasco reversal. We had an unprecedented San Jose rally by legal immigrants. You need to get serious and need to contact your state chapter leader to get some more information about IV.

    Stop misinforming others! It is about time IVers realized their infuence and exploit their full potential. Don't let such misinformed comments affect your efforts.




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  • Rohan99
    10-10 09:33 PM
    I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
    Hope every one of us will receive our receipts, EAD and AP asap.

    Congrats bluesky1!!!
    Can you tell us more about your application like RN on receipt? TSC or NSC?




    ch102
    03-16 12:21 PM
    some useful info from Ron gotcher
    http://imminfo.com/Newsletter/2009-3/2009-03.html




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