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  • kartikiran
    06-15 04:35 PM
    Eb3 v/s Eb2 is a nonsensical nonproductive meaningless argument. If you actively participate in speaking with the lawmakers, you would know the bogus nature of this squabble. Each one of us has a choice. We can continue with this pissing contest or we could do something to fix the backlogs. We all understand the frustration and anxiety due to the long delays. It is easy to be drawn in meaningless eb2 v/s eb3 quarrel in the virtual world when one is not privy to how things work in the real world.

    If you feel compelled to engage in infra and trivia, please utilize your energy for your benefit by understanding the larger debate so that each one of us can employ our energy to fix our issues. Please use your energy in a positive manner. There is no point of this discussion. It is easy to write/post arguments just to support your own application/position in line. Anybody can do that. But such narrow minded approach will not help even a single soul on this planet, including yours. For those of you who want to continue with this bickering, you can do so at the expense of your own time. And when you engage in such arguments, please remember that whatever you all write or post about this nonsensical back-and-forth is not helping you or your family. But if you are sincere and care for this issue, if you truly care for your issue, then please consider participating actively to meet with the lawmakers to make our voices heard.

    Members who actively engage in the advocacy effort know when we are saying. For example � talk to nearly 125 IV members who lead the lobby day in DC during the past week. They will tell you the bogus nature of this Eb2 v/s Eb2. Stop wasting your energy arguing thing which have no meaning. Please utilize your energy in finding fix for the backlogs because there will never ever be a bill/set of provisions only for Eb3 or only for Eb2.

    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.




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  • dixie
    03-18 10:59 PM
    trouble is that labor certification is not explicitly mentioned in 406 (although that seems to be the intent). Besides, section 405 says that those with "advanced degrees" in STEM and who have been employed on NIV can directly apply for change of status subject to per-country caps .. then again there is mention of a special labor certification process for those with advanced degrees. So i think the conclusion is that while labor certification wont be done away with , there will be special handling for those with STEM degrees .. and those with 3+ years experience AND STEM degree wont be subject to per-country limits.Again, lots of ifs and buts in the whole thing .. we will have to wait and see.




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  • bsbawa10
    11-24 06:08 PM
    I am wondering if it is a "revenge" that USCIS has taken because it could not have its way in June/July 2007 in blocking us from filing 485.




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  • harbirgill
    06-14 01:48 PM
    Hi

    I have filled my employment based 485 on June 2006 and current date 485 in Nebraska Center is Aug 13, 2006.So when I can expect any update?

    Please Reply...



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  • jchan
    02-25 12:37 PM
    I think desi3933 is right -- that one cannot file AOS without PD being current. However, this does not mean we should give up pursuing our goal. The secretary of DHS specially made it clear that she is willing to push for changes both regulatory AND legislative. But before putting in any effort, she will need to know what changes to push for. She even specifically mentioned the issue with pre-application of AOS, which seems to me a real good chance to get the message delivered.

    Just for starters, here are the benefits I can think of about pre-filing of AOS:

    - By having all applications on file, let USCIS better predict case load and allow DOS Visa Office to make informed decision on Cutoff Date movements
    - Create more revenue for USICS (DHS) via AP and EAD applications
    - Reduce the work load of Overseas Consulates when applicants with AP does not have to apply re-entry H1B visa.
    - Many H1B visa holders have to go through the administrative procedure when applying re-entry visa. This process is more or less a duplicate with the background check required for green card application. When the applicant is allowed to travel with AP, the effort of background check is consolidated and allow resources to be better utilized.
    - EAD allows applicants more freedom to change job, this will results in better resource distribution to accommodate the rapid changes of the economy, and it makes the market the most important factor to determine wages.

    Please add whatever you feel missing to the points and maybe we'll come up with a formal letter to communicate to the secretary.


    Last, to address the concern that USCIS may be flooded by AOS applications from freshly off-the-boat H1B's, restrictions need to be put on the qualification of AOS. What I could think of is:
    - Must have approved I-140 (immigration visa. I think this restriction makes the most sense)
    - Must have priority date older than a certain number of years
    - Must have been in the US legally for five years
    - etc.



    Read again
    (3) an immigrant visa is immediately available to him at the time his application is filed.

    Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).

    If you still have doubt, talk to your attorney and post here what he/she told you.

    Have a good day!

    ______________________
    Not a legal advice
    US citizen of Indian origin




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  • GCcomesoon
    10-05 12:50 PM
    Hi

    I like in Farmington hills area, I would like to join our chapter & any meetings related to our immigration group.

    Thanks
    GCcomesoon
    Priority date - 05/2003
    140 approved - 10/2006 from TSC
    485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
    CA, EB2
    Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
    Wife's case RD- 7/10/2007

    LUD in my case - I131 - 7/10/07, approved - 7/24/07
    LUD in my case - 1131,485,765, - 7/11/07
    LUD in spouse's case - I131-7/11/07
    EAD cleared for spouse - 08/20/07
    FP for spouse - 08/08/07 , I rescheduled it.
    FP scheduled - 10/03/07 - Done
    AP approved for spouse - 09/12/07

    Still waiting for my EAD & FP.



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  • gg_ny
    09-20 02:27 PM
    Forming human chain may involve actually holding hands.. and might turnout to be unhygienic to many. How about hunger strike - for a day or two - and it is also good for health. A better option would be -DONATE a day's salary to IV on a particular day..I am in for it: Nov 9th?

    I am not being jsut sarcastic here: just curious to know, of the 20K+ people who had directly benefited by IV between July 17 and Aug 17, how many were there in the rally? July fiasco is the one that has made many immi community professionals to look up to IV mainly because PEOPLE directly benefited from IV's efforts. Still it would be worthwhile to analyze the response and attitudes of IV users/members in general, and fiasco beneficiaries in particular, before getting carried away by the euphoria of the moment to plan for rallies in state capitals, SFO etc.

    Just because you can go on a city's roads with permission, does not mean that you should do it compulsively nor over do it. SJ and DC rallies made the point: caught the media and lawmakers' attention. Do one every month, then it will be a joke.




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  • ash0210
    11-08 04:37 PM
    Immediate attention of Congress/Senate to increase GC visa numbers for Retrogressed/ALL countries needs to be set first priority in Lame Duck or new congress sessions...and we/IV have to work towords that..


    CIR is a good vehicle to piggyback on, and I realize it is better to bank on a bill that is already introduced.

    However it seems like asking for increase in visa numbers, or just the ability to file I-485....What does this mean - automatically it would require increase in visa numbers, and reduction in name check times, for example.
    Dependents can wait to work if it is only a year. We dont need to keep renewing visas. We are not stuck to one employer.



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  • smisachu
    08-05 03:04 PM
    I m a new applicant for EB 3 gc born in india.....just starting my process......with my PD being sometime in later half of 2009,do u think canada is a better option?......EB 3 india right now looks like a good 10-12 years wait time!!.......pls advice about canada immigration and is it a viable option?

    No, Canada is not a better option. INDIA!! is a better option. You got to get it out of your mind that you need to go somewhere. It is different in the US because you have some industries and jobs here that you cannot get anywhere else. Also a certian lifestyle. But common Canada, eastern Europe, Africa... you guys are nuts.

    India is a MUCH better option than anywhere else except maybe if you get a real good job in China. As far as I am concerned if nothing happens here I am headed back to my hometown-Bangalore, India.

    I have much better lifestyle and opportunities than Canada or even western europe! Period.




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  • hariswaminathan
    07-18 11:02 PM
    Hi, I am currently on a Company A's payroll and working at a client's place (Company B); now that Company B wants me to join them; however, there is a contract between Companies A & B not to hire the employee directly; what should be done in this case? I also have a contractual obligation to my employer not to join the client for 12 months. My employer(Company A) is not willing to let me go (though I worked for a year already). Any advise from the forum?
    Thanks

    1. Your company (A) has you in a bind. They also have the client (B) in a bind. I doubt (B) will stand up for you beyond a point and fight any battle - unless they are really desparate to hire you.
    2. Dont go against your company - they are likely to go after you legally and probably win.
    3. Try to negotiate with your client (B) to pay a fees to your (A) to hire you as full time. This is probably the only way to get out of it clean and keep both parties happy.



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  • amit_sp
    02-09 10:17 AM
    I am in a lot of stress. Please help out if possible.

    Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.

    If I join company B starting June, and transfer my H1B to B, can it extend my H1B beyond 6 years based on the approved I-140 I had with company A? If yes, will it be for one year or three years?

    Gurus please help. I will be grateful.

    Thanks


    Hello Chitta:
    Please check the following link from "Immigration.com".
    http://boards.immigrationportal.com/showthread.php?t=240313

    As per it, you can get a 3 yr-extension as long as your existing company doesn't revoke your I-140 (and it wouldn't as you are not leaving on your own). So you should be fine. Good-luck for your next job.




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  • needhelp!
    02-08 05:09 PM
    Volunteer for your own cause! Don't let this thread slide.. Sign up on this thread and make a pledge .. Set a small target first. You will see it is not at all difficult.



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  • x1050us
    09-26 10:11 PM
    I got a reject for missing/incorrect fee. Any one out there?




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  • eb3retro
    06-30 03:29 PM
    I am one of many many and happy to see this development.

    I am puzzled.

    Just would like to remind you all , only couple of months back, there was a great optimizm of CIR .. but today we know it is in stalemate.

    So I think this time around we should be cautious. I have a question... What is the gaurantee that this bill is not to increase H1-B alone? Sorry If I am not being optimistic here.

    I request, Our web faxes clearly state why we support SKILL BILL... If I read right and remember it well, this Forums goal is to reduce retrogression/backlogs.

    Now to be positive I am copying an extract that was in quotes in press release ..

    “To our detriment, current policy mandates that we educate and train these brilliant individuals and then send them away to other countries to compete against us.”

    Thank you IV for your efforts.


    Excellent Point. Its defenitely not in any of the employer's interest to worry about EB issues. Infact they prefer people being in H1. and I certainly do not want to support that. There are good chances that congress increase H1 quota and we end up supporting the wrong cause. As far as IV is concerned, I would even go to the extent of saying that we should not support H1 causes, as there are enough candidates in H1 here undergoing EB problems. Thanks for bringing out an excellent point regarding this bill. My opinion is, if EB issues are not stressed properly, this bill will be viewed as "INCREASE FOR H1B BILL".. my 2 cents.



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  • belmontboy
    03-21 03:43 PM
    Simply amazing ...
    have you guys lost the ability to think and read...
    It is USCIS that decides the categories and it is they who say that EB1 is more skilled and valuable than other categories
    Again ... like I said in my post .... It is NOT NOT individual's qualifications or Country that matters, it is the JOB descr they do that decides the EB category. IF USCIS places more value on EB1 than EB2/EB3 category jobs that is not my problem .... but thats the way it is... and that was my point .... if the value placed on the job is higher that job...

    If things make you sick .... there is a fix for it .... go to a doctor ...
    But truly... I do believe you are sick, inability to coherently digest a discussion and think is a serious anomaly and you should get it checked out...

    Herez the qualifying criteria for various EB categories.

    FIRST PREFERENCE Includes:

    Intra-Company Transfers - Executive or Managers
    Outstanding Professors and Researchers
    "Extraordinary Ability" in the sciences, arts, education, Business and athletics
    Note: Categories 1 & 2 do not require a labor certification7 Category 3 does not require a labor certification or offer of employment.
    SECOND PREFERENCE Includes:

    Professionals with advanced degrees
    Aliens of "Exceptional Ability" in the sciences, arts or business
    Note: both categories require an offer of employment and a labor certification unless a "National Interest Waiver" is obtained.
    THIRD PREFERENCE Includes:

    Professionals with bachelor's degrees
    Skilled workers filing positions requiring at least two years of training and experience
    other workers.

    Every category includes skilled professionals.

    The classification is based on education/priority/years of exp.

    We all have the option to apply for a "better" category, but we choose not to because either we don't have supporting documents or our employer refused to do so.

    We should stop infighting and focus on bigger issues at hand.




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  • unitednations
    03-22 09:45 PM
    united nations...u have been saying what u just said for many years now. i remember ur epic fight with saras on that issue that caused u to leave immigration portal.

    i think this modification of the interpretation of the law is mainly to prevent the massive loss of numbers. I think the DOS now realizes that USCIS cannot effectively handle processing of the massive release of visa numbers in the last quarter, thereby they are doing it in an incremental manner so that the demand is handled effectively (USCIS standards effectively).

    I agree; the law definitively leaves no room for error. If all the visas are held back until fourth quarter then there is a significant chance that visas will go unused.

    However; it isn't in uscis/dos discretion to make such decisions on a whim for process improvement.

    In the orgnizations we work in; there is a big consideration whether the new project or idea is feasible in the current environment. If it isn't then the project/idea gets shelved because it's not doable. However; congress and various regulatory bodies do not give such luxury to uscis. They don't ask them if the implementation of a law or creation of a law will fit into their system or workflow.

    At a high level; country quotas in EB do not make a whole lot of sense. I have tried to figure out why they are there; how companies and candidates use EB greencards. Conclusion, I came up with is that in a lot of ways EB is a way to circumvent family base immigration. Many peoples parents have greencards, brothers, sisters, friends, etc; and they realize that it takes too long to get greencard through family base and the fastest way is to come through h-1b and go through EB route. Also; companies; company owners will favor their own people in filing h-1b's and greencards and then you have a situation where certain people are favored due to their nationality or connection. I firmly believe that uscis and the regulatory authorities understand this and hence the reason why there is country quotas.



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  • cagedcactus
    10-15 07:06 AM
    The information, and guideline we got from you is going to help us a lot pappu... also many thanks to other chapter leaders who took time out and helped us learn the process.
    Lets get going friends here at Michigan.....
    we must fight this monster..... we must fight for our rights, and what is fair....
    we must fight for our families and friends.....

    Concentrate on the topics you want to discuss on, and bring more friends to the 20th meeting.....




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  • knnmbd
    07-10 10:55 AM
    I didn't find anywhere in the SKIL bill that says we can file I-485 even if the priority date is not current .Can somebody please point me to the paragraph where it is mentioned .
    Thanks

    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.




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  • mirage
    02-11 08:43 PM
    Guys,
    There's no doubt CIR is going to be brought in this year. How much of it or any of it will get passed, is the issue. Congress, as last year is determined to amalgamate us with the illegals so they can freely oppose the bill and indirectly kill both kind of immigration. I think we should put all our resources towards lobbying and make as many friends on the hill as possible.




    EBX-Man
    03-28 07:38 PM
    Kya bada bada baatenin karte miyan. Hallo Hallo baatenin nahi karne ka kya?
    idhar saare bhoota jainse batan karte. Questioona pooche do katne kou dodhate mian.
    Spillower ke time kiaku milna phirhic mian. Thabichichi sab loga yaha kaatani ko dowdthe mian yahan per
    Applogo ka advocacy apko mubarak mian
    Applogo ka donation apko mubarak mian
    Applogo ka gc apko mubarak mian
    Apun jaisa logo ko yahn per koi ijjat nahi mian
    Main jaatu yahan se mian.
    Main Jatu ....
    :(:(:(




    starscream
    06-10 11:59 AM
    We should not waste our time and money on this. I also would like to understand the lobbying impact of IV. After hearing tech lobby brought CA governor into picture and even that does not make any difference in favor of tech companies, are we making any impact with 200-300 thousand lobbying and some web faxes?

    There is no question about IV effort. But the question I have is impact of that effort.
    Per this article..tech lobby seems to had had its impact. Expanded H1B & reducing GC backlog ...before points system takes effect. All this of course if the CIR comes back.

    http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/06/09/H1B.TMP



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