Tuesday, June 28, 2011

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  • ssa
    07-28 12:47 AM
    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.

    Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .

    is there anything that says that distribution further has to be done in a particular way ??

    I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.

    In that light every comment about EB*->EB? , failing smell tests are speculative at best.

    You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.




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  • Devils_Advocate
    03-07 01:14 PM
    You guys can scream, cry, sue, jump, sing, dance whatever, no one is going to touch any country cap legislation or any pro immi legislation till about 2011-12 at least (though i m sure it wont happen then either)

    And they will never allow "no country cap" either-ways, call it unconstitutional or whatever, i am being realistic, they have quota on the diversity visa for a reason they think is appropriate, and they have a quota on the EB system for those same reasons.

    Your only hope to get the "country cap" cleared up is that the Point based system gets through , like the one in CIR 2007, which i am sure will not happen before 2012, if it ever happens.




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  • eb3_nepa
    12-11 11:26 AM
    If Microsoft with all the money and power can't get visa increase, it's naive to assume that we can do that in one shot. Let's just fry the small fish first.

    Well said actually!

    From the past couple of years and efforts it is VERY clear that any kind of Quota Increase is a BIG no no with the Anti-immigrants. This now divides the IV users into 3 groups

    1) This group has already applied for the I-485 a Long time ago but has not seen their GC in the mail yet.
    2) This group has not been able to file for I-485 coz of retrogression.
    3) This group is stuck in Labour Certification stage and cant do anything about it.

    How about for starters if we try and alleviate the pain of people in groups 2 and 3, i.e. ask for people to be able to apply for stage 3 (and ead etc) without the PD mess. For the labour people we ask for a similar benefit. As for group one, well i know that you guys do not benefit under this, but consider this, you are already in a much better situation than the rest of 2 groups. I know you have to go for fingerprinting etc and renew the EAD every year, but consider this: People stuck in LC and stage 2 have to spend much more on renewing H1/H4s coz of lawyer fees. Maybe, if we reduced our demands to asking for 3 things

    a) Filing for stage 3 regardless of PD
    b) Relief for people in the LC mess
    c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)

    This might go under the radar as no quota increase is being asked for. I know this point has been discussed ad-infinitum before and we concluded that no more band-aids for the immigration process, let us get a permanent solution. Well permanent solutions take their time, especially with a Much more powerful lobby opposing those changes. For all we know this permanent solution may NEVER go through. Lets face the facts here:

    1) The big corps are pushing ONLY for H1B increase.
    2) Anti-immigrants are opposed to ANY kind of increase in numbers.
    3) Currently the political climate is such that it is either, deal with legals AND illegals or nothing at all.
    4) Currently FAR bigger problems stand in front of the lawmakers such as the war, stem cell, abortion etc etc etc.
    5) Currently the average American is OPPOSED to even legal immigrants for fear of losing their jobs to them.

    In light of all this, does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? I mean atleast if the husband and wife Both have H1bs and jobs, you will still be making a ton of money. U use things like approved I-140s to switch jobs with 3 year extensions or u use the EADs. Let us seriously think about this solution.




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  • beautifulMind
    12-17 01:05 AM
    been in us since 1999 and lost my earlier priorty date and now my priority date is Jan 2007...it sucks...the only good thing is i now have EAD and AP. everyone who is here fro last 5-6 years should be current with priority dates..



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  • dskhabra
    09-23 07:51 PM
    I think it's tough for anyone to predict exact EB3 -> EB2 porting for this year at this point in time....It's definitely going to increase every year...unless some rule changes...It was pretty clear even before this lawyer posted that EB2 will have no or very slow movement without any spillover...




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  • rsamudrala
    02-07 02:53 PM
    Contributed $100
    Receipt number for this payment is: 3493-5676-3269-3012



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  • gagbag
    07-04 10:47 PM
    When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
    They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.

    I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
    not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
    letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).

    Shall I start green card again with company Y ?
    Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.


    Did you know I-140 dates are prtable from X to Y after 140 is approved? I am sorry to hear your pain, but you can check if you can atleast maintain your priority dates.




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  • myvoice23
    09-26 09:49 AM
    Can you let us know if they respected your RN july 3rd?

    Received date is JUly 3rd on receipts



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  • stucklabor
    06-27 10:10 AM
    First up, thanks to everyone for resolving this issue on their own, in a reasonable and civil manner.



    In a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).

    1. Allow people to file for 485 and get EAD even if visa numbers are not available
    2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).

    The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.

    With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?

    By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.

    Santosh

    Santosh, those are good suggestions that I will take up to the IV team.

    1. The idea of a democratically elected IV goals is a good one but there are huge practical problems. As it stands, the present IV goals are those that most people have indicated are those that the organization should strive for, and from our discussions with Congress/Senate staff, these goals are achievable. With democratically selected goals, the IV core team would have the unenviable task of fighting for whatever goals the populace decides is right, without regard to the achievability of the goals. For instance, if the junta votes on goals, many people would say 'Full portability of GC' or 'Automatic clearance of all pending labor cert applications in the BECs'. Those would probably not fly. Our current talking point is that our goals are small changes to the process; we do not skip any steps; and we do not change the process significantly. A full portability to any job changes the process significantly. Even yesterday, Spgtopper met the staff member of a very powerful House member and the staffer was quite positive on our goals - we do not ask for more green cards, we limit our goals to ones that are reasonable.

    2. IV goals are not written in stone. Name check is definitely an issue but it is an issue that not many of our people face. If our membership's problems changes from retrogression to name check, then we would have to work on that. It may be smarter to anticipate the magnitude of the problem and start work early. If you would be kind enough to partially lead the effort, that would be great. Logiclife is working on this issue on his own, and WaldenPond is also working on this. Please PM them. Logiclife is on vacation so he may take a while to respond.




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  • jthomas
    12-15 11:24 PM
    I had been in US for 6 years and has a PD of October 2006, that means i have to wait a long time to get my GC. but i got my back up plans prepared. It tends to irriate me but the only way to solve is to get involved in some kind of activity. I would suggest get involved in IV. Atleast you will feel much better that you are helping a community that lead you to get your GC soon.

    Days will pass soon. In fact your PD is 2001. not like many others 2006 and 2007



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  • JazzByTheBay
    12-17 11:21 AM
    Acquired Immigration-Related Extreme Depression (AIRED)

    Like AIDS, it has no permanent cure for the time being.

    However, like many pharmaceutical companies and research institutions involved in finding a cure for AIDS, IV is working on a project to cure retrogression (equivalent of the HIV virus that causes AIDS).

    Like AIDS, there are no time lines, promises, or guarantees that a cure will be found for AIRED. However, patients report some improvements with formulations like EAD and AP. :)

    jazz




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  • Lasantha
    02-07 12:18 PM
    http://www.cic.gc.ca/english/newcomers/about-pr.asp

    "Your permanent resident status allows you to live in Canada, but there is also a time limit on how long you can live outside the country. To keep your status as a permanent resident, you must live in Canada for at least two years within a five-year period."

    Looks like you landed just a month after me. So we have the same time lines.


    Hi Lasantha,

    Not that i want to question your input but would greatly appreciate if you could point me to the official ruling or link where i can find this information. I tried to search for this on official canadian immigration web site but could not find one.

    Thanks again !!



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  • santb1975
    12-15 11:41 PM
    I have been in US since 1998 as well and I have a EB2 PD of Nov 2006. I keep myself healthy and happy. To me if there is no work here there will be work somewhere else and if there is no growth this country there will be growth somewhere else. Cheer up buddy :-)


    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?




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  • vin13
    07-16 06:25 PM
    If u want to be fair, fight to remove country quota and not fight among EB categories



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  • aachoo
    05-09 11:22 PM
    A suggestion about the contents of these emails/letters:

    Why do we insist on proposing the solution to our problems? One person wants to remove country limits, another wants 5 year EADs, yet another wants to file 485 regardless of priority dates.

    I see 2 problems with this:
    1- The external world doesn't care or understand. Do you think the average CNN viewer understands what retrogression or priority dates are? For that matter does anyone in the White House?
    2- This divides us by EB category, country, pre/post July '07, EB3 to EB2 porter etc.

    In your letters please focus on the problem. If invited to the table we can propose solutions, but now is the time to highlight the problems and the potential impact it has on the US economy, our families, and communities.

    Examples:
    Impact on US economy:
    - I have significant buying power, however I am unable to make any substantial longer term financial decisions due to immigration uncertainties. I may be asked to leave the country on a moment's notice. If there was some stability, I may be looking to invest in a home or a new business

    Impact on our families:
    - My spouse cannot work. She is qualified and capable. Yet due to the vagaries of the immigration system, she cannot pursue full time employment without significant additional paperwork

    Impact on the communities:
    - Most of us hold strong political and social views. The current system makes it untenable and in some cases illegal (like donating to political parties) to participate in the democratic process. In the grand machine that is the American democratic system, we are probably the only group of people that are taxed and yet have no representation whatsoever.

    Maybe these points are not strong enough. But if they are not, then it is not worth anyone's time to pay any attention. Find the legal immigrant population's "we do the jobs Americans will not do" slogan!

    -a




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  • Michigan123
    05-12 01:40 PM
    I am waiting for FP .Even I have called TSC having intention to open SR ,i got the reply all files are up to date and they can not open SR for FP ...Files indicate that FP is complete.(God knows what they mean,whose fingerprint they have on my file) ....I have not given any FP so far except at the PORT of entry .



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  • SKK2004
    08-25 04:31 PM
    Thanks mygc2006, for sharing your info. Good to know that I am the not the only one. Well, guess the wait continues...

    Hi SKK, it is not really required to have finger printed to get teh EAD approval. (i am talking aboutthe first time EAD). Your FP may come later on. At least in my case it was like that. I got my EAD approval first and later on only the FP came. Hope this helps ...




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  • desi3933
    07-10 02:31 PM
    @desi3933:
    H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says


    If all H-1B jobs are not permanent, then your definition that a "permanent job is for a term of indefinite or unlimited duration" fails. Please decide what you want to say.

    As per info on that page, it says clearly
    "The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"

    How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.

    I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.

    .




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  • vkrishn
    08-24 11:12 AM
    Any approvals this week? Seems to be slow.. Wait continues!




    anju
    12-19 02:29 PM
    On the same boat. Filed SR twice. No fp notice yet.




    senthil1
    01-30 02:26 PM
    Actually when you are in H1b and without pay then you are out of status. You and your company are violating the law. Impact for your company is minimal if they get caught. Company could be fined for 10k to 1M based on number of violations. If they violations are so much then your company could be banned for h1b for a few years. In that case they will start different company and escape.

    First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.

    While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.

    When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.

    H1b will not go dorment untill you change to H4.

    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?



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