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Wednesday, June 15, 2011

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  • lahiribaba
    02-03 12:28 PM
    Mirage - I totally support you man. You got to do what your heart feels like ... If you get too tired of waiting and living this CHAINNNNED life and you want to meet Mr President to let him know how you feel - man by all means you got to do it.. Remember the flutter of a butterfly wings in Jailsalmer starts a tornado in florida... there are numerous occassions when one single man's stand changed the entire nation .. I totally support you . If the good old USA is still a FREE COUNTRY then there is no reason why you should not go ahead...

    As for getting support from others it is nice to have support but it does not mean that if they do not support you , you are wrong. What you are saying is RIGHTFULLY JUSTIFIED and every man and woman in this country has the RIGHT TO PURSUE HAPPINESS. After all that is the reason why we want our GC here. There are many people in this forum who are just FOB's and there are many who have just given up after years of waiting .. but people like you can keep the flame alive. Salute and good luck my friend.





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  • NKR
    03-07 11:32 AM
    I am employed with a company and I work for a client through a preferred vendor. I am in a slightly difficult situation. I would like to do AC21 with the vendor and negotiate for more. This might irk the vendor and he could in turn tell my employer about this. I cannot put in my papers with my employer without having an offer from the vendor in hand. I cannot join the client directly because of hiring freeze.

    My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.

    Thanks,





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  • PERM12
    08-11 11:42 AM
    All,
    count me in.... but we should also include not just this but also Flexibility of all and any one who is on H1 and H4. immeterial of they in EB2 or EB3. All one is required is Flexibility ...

    Flexibility to leave the current job and go join a college without worrying about status
    Flexibility to take a vacation for a month to visit places and friends without worrying about nex project
    Flexibility to change employers and get a better position and offer
    Flexibility to work in position you deserve..rather than rot in the same job profile b'cos your GC process is pending
    Flexibility to invent and develop ideas and work on itself rathar than work for some company which undermines, underpays those ideas and inventions

    most of us might reply it only happens when you are Green'd but that is not what i am expecting...this is for all those who are going through it and who will be going through it in future.

    Lets also work for drastic change in the employment based work permits.





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  • desi3933
    03-17 07:21 AM
    Did you just say "Just because people are not getting green cards does not mean wastage":D

    That is exactly why we need to understand the process.

    Have a look at visa numbers issued to EB category for the last 5 years and decide for yourself if visa numbers were wasted. I hope this helps with your "anxiety".

    Year 2005 2006 2007 2008 2009
    EB-All 246,877 159,081 162,176 166,511 141,020
    EB1 64,731 36,960 26,697 36,678 40,978
    EB2 42,597 21,911 44,162 70,046 46,034
    EB3 129,070 89,922 85,030 48,903 39,791
    EB4 10,133 9,539 5,481 9,524 9,999
    EB5 346 749 806 1,360 4,218


    _________________
    Not a legal advice.



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  • dealsnet
    03-18 07:50 AM
    According to attorney Ron Gotcher Eb2 India will move up in coming months and EB3 ROW (Rest Of the World) will be current very soon. In that case, the excess EB3 ROW numbers will go to heavily retrogressed countries. This attorney's prediction is 100% correct for the April VB.
    See the link.http://www.immigration-information.com/forums/showthread.php?t=4285&page=24





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  • kpchal2
    07-18 09:52 AM
    hi all, in the same boat too. mine was filed on july 2nd and there is a fedex confirmation about it. i did not hear from any one i know about these rejections or returns until i saw gregs blog. can any one shed a light if they know some one who got a reject. also can you please let me know if there is any way we can find out from uscis or from any one relevant about our application. it is too much of a hassle already and dont want to add more delays to this already cumbersome and sleepless process



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  • CSPAvictim
    07-09 07:17 PM
    I'm not sure I totally understand what you said, but
    a. The 27% limitation doesn't apply to the last quarter(July,August, Sept)
    b. However, June falls in the third quarter for which the limitation DOES apply.
    c.
    text in bold has a GREY area....'plus remaining balance from previous months.'

    They can always say the additional approvals were left over from previous months...

    Like jonty_11 pointed out, Clause B states that numbers from previous months can be requested. Since it is a grey area, the USCIS may claim that in June (if they used up X number of visas) then (X-14,000) visas were balance numbers from previous months. And yet, it has to account for the 27% limitation for the third quarter.

    It'll be interesting to see how USCIS explains itself in court.


    Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.





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  • LegalIndianInUSA
    08-02 11:43 PM
    Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
    "Although these are our policies, these might change at any time, with or without written notice".
    End of story to all 'You promised me gold in your agreement' arguments.


    There was no fine print on the appointment letter. There wasn't even fuzzy wording (like "we may" or "in most circumstances" etc).
    Although I'm clearly educated about how the system works now, back then, at age 24, I wasn't. I was foolish enough to trust and believe that they would keep their word; they are after all, big multinational companies.
    I don't want other young Indian/foreign immigrants to fall into the same predicament.
    The sooner they realize that Human Resources is the most inhuman department in a company, the better.


    Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
    Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.


    In large companies, the Legal department doesnt exist solely for GCs and Immigration related matters. The cost of immigration is barely a drop in the overall cost of maintaining such a department, and hence your logic is wrong.


    It is an unfortunate truth we all need to get accustomed to live with.

    No, we dont need to get accustomed to being lied to, or being treated as skilled slaves.
    If you side with the law and say that the companies are not obligated to process GCs, then they should not be offering the same. Also, the law as it currently stands, is unjust and I'd much sooner see the law be changed to something like "if you've worked here for 6 years, paid taxes etc, then you can apply for a GC yourself based on just that"


    I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here.

    lol. Firstly, there is no such thing as a "free market". Wake up already.
    Secondly, the US is more socialist than India is.
    Thirdly, A GC is not a freebie/extra perk. A GC is a good-faith agreement between the company, the future employee and the governing body(USCIS), and companies should understand the ethical meaning of "good faith".


    If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
    Yea sure, I'd like to see all the high skilled kings that have been made by companies.
    It is a fallacy that skill, intellect or IQ has meaning/importance in the US.
    At the end of the day, you are just another desk jockey.



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  • nomi
    12-11 03:58 PM
    USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)

    INA should be changed which should be done through a legislative process, not through any rule making.


    Thank xbohdukc. I think, this door is also close.





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  • pointlesswait
    07-28 12:45 PM
    I would recommend each and everyone...be it a believer or a non-believer..
    to read the book by Richard Dawkins: The God Delusion..

    If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...

    You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!



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  • nojoke
    03-01 04:03 AM
    Commodity prices like crudeoil,steel,wood used in construction are at lowest since a decade.The commodity prices will not go back to 2006 levels not in near future,so already constructed houses have lost almost 70% value in them.Bail out or another help will not sort this issue.Only free market has to solve the issue.For housing to get to 2006 levels there should be huge housing boom in China,India where they have huge populations.People in India are poor so they cant afford a house even if they want one.China wont spend they are intersted in buying US treasuries.So the only option for the bank is to write off these houses.Govt help for home owners will be only a drop in the ocean.

    Very true





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  • imv116
    04-02 03:59 PM
    I can put 100 arguments in support of MS students graduating and trying to get into a new job. Similarly you can come up with 100 other arguments that they are all non ethical and lies.

    It is more costly for companies big and small to hire a new grad, train and eventually have him work on the business and that process is carried only by a minute percentage of all the companies that do business and also they look at elite schools.

    Every MS student has to undergo a vigorous financial crisis situation there by the time they graduate they are left with no choice other than accepting what ever comes there way, at the earliest.

    They don't have the liberty financially as well as law wise to sit and try for 1 year to get into a full time job. Given those kind of situations it is nothing wrong in projecting themselves to certain years of experience.

    At the same, contracting, consulting is all about this. When no party likes, they can always let go.

    -the116



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  • tinamatthew
    07-23 12:14 AM
    I came to US through CompanyA on L1A Visa 4 months back. My L1A Visa is valid till Mar-09. I had applied for the H1B Visa when I was in India. I got the H1B Visa and now has a valid petition effective Oct-07.
    I would like to know the following.
    Can I join the Company B from Company A without going back to India after Oct-07?Shouldn't be a problem, but I need some clarifying

    Do you have an i-94 for the H1B visa? Do you have 2 visas in your passport - L1 and H1? Or so you have an a receipt issued by the USCIS for the H1B

    Please clarify





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  • immigrant2007
    09-10 12:42 PM
    I thinkThis year will be good for EB3.
    With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
    Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.

    CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.



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  • wahwah
    02-21 02:17 PM
    i disagree. EB2 India is not more crowded than EB3 India. EB2 India currently went U because DOS made a dumb mistake of releasing the EB2 PD to April 2004 back during the October 2007 VB. That is why the visas for EB2 got exhausted so quickly. The problem is that there are still lot of candidates from 2002 and 2003 that are unapproved so it didn't make sense to release the October VB with April 2004 PD.

    I doubt if in April 2008, the EB2 India PD would move to Dec.2003 as there are still alot of people waiting in 2002 and all of 2003.

    As per my lawer this is not a right time to port your date to EB2 as at this moment nobody knows anything and there are very least chance for eb2 to move forward.:cool: as per her now eb2 is more crowded than EB3 that's why it became UNavailable. It's just a suggestion keep yourself with same EB3 or EB2 whatever you have otherwise I know one frined he ported his July2001 to EB2 and at this time EB3 is current for this date although eb2 unavailable





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  • Aah_GC
    06-06 12:27 PM
    After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.

    Congratulations and good luck!



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  • kumar1
    12-11 11:15 AM
    Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!

    The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.

    Please attack my thought, do not attack me or my self esteem!

    I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
    The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.





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  • oliTwist
    02-13 12:57 PM
    come on this is bull s***.





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  • msp1976
    12-21 09:28 AM
    Please take time to write to the New Jersey Senators this holiday season to encourage them to take up the immigration legislation


    Lautenberg, Frank R.- (D - NJ) Class II
    324 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
    (202) 224-3224
    Web Form: http://lautenberg.senate.gov/contact/

    Menendez, Robert- (D - NJ) Class I
    502 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
    (202) 224-4744
    Web Form: http://menendez.senate.gov/contact/contact.cfm





    decipher
    04-21 09:40 PM
    The meeting was primarily about undocumented workers and family re-unification. It seemed to be organized by the Latino community and so conducted mainly in Spanish (There was a English translator for others).

    There was a decent turnout of IV members but were ultimately overwhelmed by the undocumented crowd.

    The congressman talked about immigration as a whole and specifically about the provisions for undocumented workers in his bill. He was asked a couple of questions about legal immigration during Q&A but he did not address them very satisfactorily.

    After the meeting, I was concerned that he might not be completely aware of the legal immigration issues. However, I learned that he knows about the issues after talking to IV. Personally, I wish that he had talked a little about legal immigration provisions also in the meeting though.





    jcmenon
    07-25 01:22 PM
    "Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself".

    Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
    Probably this option is not attractive to you that you are so pissed with it.

    Btw I'm contacting some attorneys on my personal expense to interpret this.
    If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.

    But the fact is at this point I still believe there may just be a 1% chance.

    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.



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