Friday, July 1, 2011

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  • nozerd
    03-09 10:03 PM
    I have a similar story. I have also been here since 1991 in status all these yrs and still without a GC. Here is my timeline.

    1991 -1996: Came to US as undergrad. Worked my way through school. Full time job and full time studies. 4 yrs course took me 5 yrs as I never took summers so I can earn my fees.

    1996-1998: Finished Masters.

    1999 : Got my job in my current company on OPT as entry level analyst. Later that year went on H1.

    2001 : Firm filed for Labor certification. Their reqt was 2 yrs work before applying for GC. Reputable American firm.

    2005 : Labor certification approved.

    2006 : I 140 filed and approved. Got 8-11 yr H1 extension. Still waiting for GC due to retro. Thinking of moving to Canada.

    And yes in the 8 yrs I have been with my company I have got 3 promotions and am now a Manager. My companys immigration lawyer said thats ok. He just joked that when you get your green card just make sure you get tripple demotion to new role.

    So when new kids on the block (<5 yrs in US) talk about GC process being screwed up, I say pick a number and wait in line. The closest example to this feeling is waiting to go to the restroom when you live in a slum and there is line of 100 ppl ahead of you to use the loo and you have loose motions :)

    another story:

    i have a close friend who has been here since 1991 with no GC. he came for his undergraduate studies in 1991..finished that...got a good job...met a girl...got married...girl was also an undergrad here then went to grad school...then lost his job..girl was still in school...lost almost everything

    then he built his life back..got a job....started working his way up...girl graduated..worked in a small company and then changed jobs..started gc process for the 3rd time...luckily got ead and ap....girl changed jobs...bought a house...retrogression happened....and hes still waiting

    can u beat that...hes been here for 16 years.

    putting off decisions is very easy when it comes to gc...many times u just need to bite the bullet and live ur life. dont get me wrong.. i have put off getting my h1b stamped for over 3 yrs...havent been out of the country for 5 yrs...now i have decided its not worth it and will do it sometime this yr.

    like russell peter's chinese person says "be a man...do the right thing"




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  • hebron
    07-08 08:46 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.




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  • when
    10-02 02:02 PM
    :-|




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  • dpp
    07-28 07:21 AM
    Even if USCIS reverts the decision back to use Vertical spill overs, it won't change the EB3-I PD position a dime. As it didn't change with that way in the past. So, there is no use in asking USCIS to change it back to Vertical from Horizontal spill over.

    As somebody mentioned earlier, they were all taken by EB3 other workers all these years, it is better to ask USCIS to give preference to EB3-I and EB3-C before giving it to EB3 Other works so that they can get better share to complement for the lost happened all these years. I can understand the EB3-I frustration. We need to analyze who got the major share all these years and ask USCIS to give them to others lost in retrogression (EB3-I, EB3-C, EB2-I, EB2-C).

    Otherwise, only way to get a common ground is, recapture and dependent exception bills. We should all work for these two common bills.

    It may not directly harm visa recapture or any other official IV campaigns - at least for now! But don't you think if EB3-I campaign to revert to the old way of handling the overflow succeeds at all their will be an immediate follow up, counter campaign to re-revert the decision by EB2s? I don't see an end to this fight and I don't see any winners in the long term.

    Again, I'm not saying you shouldn't run your campaign. You have every right to do so. But please accept this for what it is. It will cause a split in IV members and that can not be avoided.



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  • trueguy
    04-30 06:01 PM
    Not sure about the GreenCard Application because the link is not working. However, USCIS has shown significant improvement in handling H1B application for this year. They conducted lottory for 163K application in just one week and also honoring the premium processing timeframe.

    Thanks.




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  • dc2007
    12-17 12:52 PM
    Very well said..

    The thing is we are so much busy in our day to day activities and we forgot:

    1. To Thank GOD for what he has given us.
    2. To know ourselves that what exactly we want in life.

    Try to enjoy all phases/moments of life..


    You may want to focus on (and be thankful for) what you have out of the following:

    1. Good health (which we often take for granted)
    2. US born kids (at least they are citizens, if that's important to you)
    3. US education (a different experience for sure)
    4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
    5. Good work experience (this is transferable and more or less ensures a decent future)
    6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)

    This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!

    And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?

    Cheers,
    GG_007



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  • sparklinks
    09-08 05:53 PM
    I expertise my EAD and today I got a letter saying wait until 90 days....what the Heck is this... Current one exp. in 2 weeks..... RD 06/18/2008




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  • jags_e
    07-07 11:01 AM
    Though they didnot break any law in writing, they had the intent to not give any relief to people who are eligible to apply in july as per the old bulletin.

    The intent itself is ulawful.

    Alos in rushing to use all the visas, they might have given visas prematurely to applicants who had no clearence.




    The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
    If we dont get the GC yearly number increased for India , we should plan to go back,..
    How long can i wait to file 485..
    I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
    They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.

    The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us

    In one way we should be happy that the USCIS is cleaning its internal backlog,



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  • diptam
    06-27 11:56 AM
    That's a good idea but that may work against my work reputation. If you read the whole text you will see that stuffs like severance package are taken care of !!

    Diptam, Don�t leave the employer but force them to terminate you after 160 days of filing I-485. Don't clear any client interview and force them to pay you salary as it is employers job to give you work. Take rest at home on full salary. A time will come when employer will no longer afford to loose any more money and they will terminate you. Also ask for severance package when they terminate you.

    This is not a legal advice just a suggestion




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  • 485Mbe4001
    07-28 12:29 PM
    good post with good points.

    Additionally EB3 ROW will also suffer because the overflow will be allocated to EB2 first. You will see more and more countries getting retrogressed in EB3. It is not a case of being envious about EB2's, it is simply the fact that EB3's as a whole are screwed very bad and EB3 I in particular will never be current.

    (On paper) This visa bulletin looks like an attempt to sow discontent among the nascent EB organizations (IV in particular) and it seems to have succeeded. EB 3 have dropped off from state chapters(I have). It exposed the worst from all the groups. 2007 VB fiasco helped many, but it also created many issues for DOL and USCIS that its payback time for us, they will go through each rule with a fine tooth comb and make sure that this will never happen again. it is my opinion that in the end we lost big time.


    Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.

    Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.



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  • seshuvaidehi
    08-25 06:32 PM
    Reached application to NSC on 7/23. No checks cashed yet.

    Anybody else there with 7/23 received date?




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  • Hopeful1
    11-17 05:18 PM
    It was easy to do!



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  • JunRN
    08-31 07:57 PM
    I am not against this rally...people with time and resources must go to this rally.

    I am in F1 with no income...all I can do for you is to solve my own worries and not a burden to you!




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  • Administrator2
    11-18 09:46 AM
    Blacktongue : There is no harm in trying. Leave no stone unturned. Chey Chey.:)

    "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.



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  • jindhal
    09-24 03:36 PM
    rightly said... Here is a simple analogy... compare the porting scenario to someone who just joins a new company with 10 yrs experience and someone who has been with the same company for 10 years. If one of them has to be promoted, who will it be ? Or if the company is now going under, who will get fired first ?

    The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.


    A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.




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  • nehas
    01-29 05:39 PM
    thanks for the reply but i already accepted the employment with the employer who sponsored my H1B



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  • dvb123
    05-01 01:00 PM
    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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  • test101
    07-10 11:05 AM
    what media is covering this ? will you inform us ?

    thanks




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  • chanduv23
    07-09 03:34 PM
    Two things
    1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
    2. PERM can only be filed for job that are permanent and full time.

    .

    I have talked to few people who do self employment. This is what they have to say.

    "As long as the job duties are same or similar, it is fine",
    "You must be a W2 employee of your firm"
    "The key is constant business and income - which can be proved via paystubs and/or contracts - in case it is requested for"

    I am also trying to do some research on this.

    A lot of people do go for self employment so no need to be scared as long as the employment is legitimate.




    HOPE_GC_SOON
    07-28 06:27 PM
    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:)




    rbharol
    10-24 04:17 PM
    As we get closer to election day it seems that Democrats will have control of the Congress. All the polls that have been and are being conducted show that the Democrats are leading the Republicans by double digits.

    If Democrats win the CIR will get through but the there will be a huge backlog as there arent enough people at USCIS to do the work, which in a way is retrogession. There will be relief for people with advanced degrees but on paper only.As it will still take years for their paperwork to get through USCIS, others will be in a worse situation as the waiting line would be huge.

    If Republicans win there will be no CIR as pointed out by others in the thread. However, SKIL might get through and that will help shorten the waiting period for people without advanced degrees.

    Based on my analysis (which might be completely wrong), I think we are better off with Republicans.

    You may be right but world does not run as per our wishes.
    If it did, I would wish only those senators and Congressmen getting elected who would support SKIL Bill :) No matter what party they belong to!



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