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  • willwin
    07-28 10:23 AM
    How did I miss this thread for 2 days!!!

    Delax and other EB2 wonderkids here:

    Law is for people and not the otherway around. Law is not like edging on stone (even then the stone can be replaced with a new edging on it) it is like writing on a paper with a pencil that can be erased, altered, rewritten - if required.

    Personal sufferings take priority over skills. Be it on political grounds or humantarian grounds. Else, illegal immigration would not have taken the center stage and pushed you smart kids to the floor.

    There is no rule that says ALL spill overs would be given to higher category before flowing down to lower category. If that was the case, last 2007, not all categories would have become current - as if there were less than 60K applications pending from EB2 as of June 15th, they wanted to give some to EB3 as well. Nope. Law allowed them to distribute the spill over to ANY category they wish.

    It is not insane to issue spill over to EB3 PDs under 2002 and EB2 PDs say 2004 or 2005. But it is insane to issue GC to EB2 PD 2006 (may be 2007 in september if enough VISAs are still pending by 15th of August) and ask EB3 2001 to wait until October. EB2 can have preference but that does not mean they take EVERYTHING.

    And one more thing. It is not easy for everyone in EB3 to change over to EB2 even if they are legally eligible. I can give hundred reasons. Few simple reasons, people may not want to leave their current job as it may be an excellent job/organization/career. May not want to leave their current place due to family reasons. Simple, they do not want to go through another GC process after having waited for 7-5 years! Well these are 'human' reasons which you may not understand as (of late) you believe only in law - which in your opinion - what was that - an absolute entity!

    There is no law without people.




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  • Mount Soche
    12-17 09:44 AM
    I got "the letter" too...
    It is just a letter recognizing that there was a SR made etc...
    There really is no substance to it. You should get your letter before 45 days of creating the SR. I got mine on the 45th day.
    Once again, the letter says nothing. What should happen is that your FP appointment should be made during the 45 days after you create a SR. If it is not made, you get "the letter." After the letter, I was told to wait 60 days from when I received the letter to get FP appointment and if I didn't get them within those days to call back.

    Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.




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  • alisa
    09-14 02:29 PM
    Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.

    I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
    I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
    All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.




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  • buddyinsd
    08-25 04:27 PM
    No approvals today? Whats going on???



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  • akhilmahajan
    02-26 10:21 AM
    This is what i understand and i might be wrong, and this is specifically from my perspective and i am not representing IV.

    For a legal immigrant who has been here for the last 9 years, following the law from day 1, i don't see any hope except IV. I understand this is a political issue, and everything happens on the back-end. There is no time table or time line which can be promised by anyone, because this is all politics. Even anti-immigrants don't do anything everyday. They lobby in the background and try to stop any kind of relief, if any being given to us. They still collect a lot of money. They are also only active when there is something on the table and same goes with IV. Everything goes in the background and when there is something positive they come out and request the community to work on an action item, which in the ends gets a very poor response and undermines all their hard work. IV has an agenda and sticks with it. They have lobbying firms who work on the lines of that agenda. I don't think anybody can promise a time line or timetable regarding anything. They are working on an agenda and trying to get relief for all of us. They can't come out openly every day and say we are working on this and that.

    I believe in trying and by supporting IV, i am doing that. If no body is going to fight for us (Legal Immigrants), then we can't expect any relief or i will say not even dream of anything good for us. No one is going to address our plight till the time we fight for it. Ask your friends what have they done till today? If they think giving $1000, can buy themselves a Green Card(so called independence) then i am ready to give them $1500 and will request them to do it for me also and i am sure i can find many fellow IV'ans who can also give them $1500. Its very easy to question someones hard work, but when they will be asked to do something, you wont find them anywhere. Every time they will have some reasons not to contribute or do anything. If they join IV, they are not doing anything good, till the time they don't participate in any activities or action items. If they think sitting and waiting for Visa Bulletins and Processing Dates is the best way to go, then there is no way anyone can help them.

    Nobody came to convince me, that IV will get me out of this pain. I understand the problem, which is right in front of everyone and i only see IV as the one and only one organization working to get us some relief. I have met the Core group and i know how dedicated and honest they are. During the rally they were in DC for weeks getting everything worked on, only so that our problem can be highlighted and heard. IV Core spends a lot of time in Washington DC lobbying for our cause. They spend money out of their own pockets. They have families and they end up spending time away from them. Why???? Because they want relief and get our problem sorted. I really salute and appreciate their efforts and the hard work they have put in to come so far.

    But we as legal immigrants always end up questioning someones efforts? These questions need to answered by us. If your friends think there life is good and things will fall in place, its fine and they can stay away and go on with their lives as it is going on. But tell them not to criticize and question anybody's hard work and honesty.

    At least they can do us a favor, by not questioning what IV does? Rest regarding the funds, IV is a non-profit organization, and the tax returns are available online and can be viewed by anyone.

    Rest i hope they wake up and realize that by helping IV they are helping themselves and their families.

    I tried my best to explain how i understand IV. If i offended someone i am really sorry about it.

    I am proud to be associated with IV. At least in the end i will be happy to say that i tried for my independence.

    GO I/WE GO. TOGETHER WE CAN.

    Akhil,

    I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
    But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
    But their only question is "What is the action plan for FUTURE". Can you please help.
    I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.




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  • ilikekilo
    04-30 01:06 PM
    H1B quotas for 2001, 2002 and 2003 were 195000. Three times the norm. This could be the reason they quotas were not met during those years. Sure market conditions also helped.

    Yo H1tech, u r too fast, I was just gonna say that...yes I believe that quote was too large...



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  • xu1
    05-03 11:58 AM
    thanks for responding...any contradicting/second opinions? What is the exemption towards - both filing for 485 and processing of 485 too, right? Isn't it an exemption from the EB quota?
    Exemption of a qualified alien from the availability of visa numbers. So yes, you can file for 485 however unavailable EB2/3/1 visa numbers are.

    And I agree with the previous poster that should this SKIL ever pass, it does not matter under which category your employer filed your LC, you are able to go ahead and file for AOS with a post-graduate US STEM degree.




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  • grupak
    08-05 09:50 AM
    We received our two year EAD from TSC on August 4th. RD and ND June 18th. No worries for two years.

    BTW my PD has been current since August 1.



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  • akhilmahajan
    02-09 12:01 PM
    Thanks a lot. Please ask your friends and family to also contribute.

    GO IV GO. TOGETHER WE CAN.




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  • gene77
    03-25 09:57 PM
    I am EB3 India--OCt 2004...My hopes are dwindling...let's see...

    Waiting to see some movement ...... god bless us!!



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  • GC_wait_forever
    11-21 02:59 PM
    Dude,
    You are still thinking about all the job crap and call. Are you some kind of a retard? Holy shit. What more meets the eye man? He might not be around after sometime. Instead of this bullshit, his priority must be to get better and spend time with family and friends. We dont know how things will be after 6 months. What I find retarded is that this crap green card seems to be taking higher position than him getting better.

    To the original poster: Please realize that there is nothing more beautiful than life. Every minute of it is of the essence. Family and loved ones are more important than anything in life. You will not take money, green card or anything after you die. Your wife will be more happy realizing that she spent some fantastic time with you. I wish and pray that you get better. Just junk this immigration shit, go back home, take a second opinion and get better. There is life beyond America and remember that "Jaan hai to jahan hai" (If there is life then you have the world with you). Translation may not be perfect




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  • Vsach
    07-09 09:46 PM
    Let's organize...



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  • vivache
    03-11 10:37 PM
    I've seen some posts here and people complaining that the GC process has a stranglehold on their lives.

    I've been struggling for the GC for the simply reason that my wife can work. Now she's finally a qualified dentist and someone is sponsoring her visa. She could have worked in the last 5 years .. as an assistant and made money .. and done some work. But since I did not have an EAD for her .. that wasn't possible.

    But our lives were not held ransom by the GC process. We travelled a lot .. pretty much have seen more of this country than even the natives :). Read, watched movies, socialised .. I think to a large extent we had a lot of fun. Agreed that the process is painful.. and you are held hostage.
    But at the end of the day it is your life ..
    Simple options are:
    1. Wait .. since there is no other alternative
    2. Push through IV activities .. so that you are involved
    3. Check some other country ..
    4. Go back to India. (not saying in a bad way)

    At the end of the day .. peace of mind is more important.
    The only reason 99% of the people are here is becuase 1$=44.5Rs.
    Had it been 1:1.. I would be on the next flight back home .. enjoying family, friends, bhelpuri, cricket , 10000 festivals, neigbors trooping in .. etc etc .

    There are always answers.

    I undestand that the process is frustrating .. and I am also hugely frustrated .. battling lawyers, HR, the process itself. But what the hell .. life goes on. You meet people in your situation .. you see some of them getting through the process. There is always hope .. just look for it.




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  • qplearn
    10-25 07:49 PM
    If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.

    So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years

    What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))

    As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.

    But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.



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  • HumHongeKamiyab
    12-16 05:50 PM
    Appreciate your quick response.

    If you cant get a copy of everything (if you ask the attorney directly you should be able ot get a copy of the complete filing) try to get:
    - copy of LC or atleast the section that describes the skills
    - copy of employment verification letter which describes skills

    original I-140 typically stays with employer. trhey might give youa copy of the approval notice...




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  • somegchuh
    05-05 05:39 PM
    I think H1Bmajdoor isn't taking a depressing tone. It's more of a realization tone.

    I believe that immigrationvoice core is a great, dedicated and determined group of ppl that's fighting retrogression. If they are successful they will positively touch a LOT of ppl.

    Here's a little history of GC process I know...
    back in the late 90's, labor processing (state+fed) varied for different regions of the country but there was retrogression(not sure how bad) so it used to take 3 years in CA and maybe 4 in some other states for the whole process. And some people who couldn't complete the process in 6 years ended up going back or went to canada. I personally know a couple of families who couldn't get it in 6 years of H1n.

    Then in 2000-2001 suddenly labor started getting approved (State+fed) in a couple of months and dates also became current. Now this happened because businesses had been pushing the govt really hard stating that they are unable to get labor. These laws became effective after the market had crashed. So some people who were in safe jobs were able to take advantage but most ppl were hardly surviving. Around 2002 labor process started getting slower and slower and they established BEC's. So, labor started taking 3-5 years.

    Then in 2005 they devised PERM. Now, that PERM was taking only a few months so they introduced serious retrogression. In this process some ppl who had been waiting for 4-5 years for labor to clear from BEC got slammed badly. They will be stuck for another year or two. Now that's really sad .... But if you applied in PERM in the last couple of years and will be stuck in retrogression ... well its bad but not the worst thing in life.

    I don't mean to belittle anyone's wait, anxiety, pain of GC process but the process has always been painful. Only some ppl manage to get out of it unscathed.



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  • a_yaja
    06-26 04:12 PM
    I have to get the EMP LETTER latest by Friday June 29th from employer.
    For that i have to sign the agreement by June 28th Noon time.

    Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.

    Between 27th Noon and 28th Noon how can i consult a lawyer ??

    It all depends on how you want to lose the money.
    (a) Pay the employer for breaking the agreement
    (b) Do nothing and let employer send your case to collection agency. Ignore the collection agency and get black mark on your credit history (and lose money on higher mortgage/ auto loan rates, credit card interest, credit denial due to derogatory comments on credit report)
    (c) Do nothing and let employer take you to court. Then fight the case and
    (i) pay lawyer if you win
    (ii) pay lawyer and the employer if you lose

    At the end of the day, ask yourself how much it is worth to get a GC. If you think going through all this is not worth it, tell you employer to go take a walk and quit. You can start all over again with someone new.




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  • raj2007
    06-23 09:42 AM
    I think -- may be.. it will make some difference.

    on uscis site: contact us: I got this email address.

    uscis.webmaster@dhs.gov.


    I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.

    It will make a different if USCIS receives emails like this... in thousands?
    here's my 2 cents.

    There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.

    it may work.




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  • transpass
    08-28 09:26 AM
    Thanks buddy,

    What is the procedure to the SSA update?

    My family do not have SSA? I need to apply for them as well.

    You can download the form from SSA website and fill the information for each applicant and take it to the SSA office. You can get rid of 'authorized to work with INS permit only' label of your SS card by using the same form and get a new card.

    Take the forms, your PR card, old SS card. It just takes few minutes. They will take the info, shred the old cards, forms, etc. and will mail the cards to your address...Just check other thread ' Dos and Donts after GC' fo rmore info, and open a separate thread so as to not to mix up the original content of the thread...




    fetch_gc
    10-10 03:52 PM
    Hi guys,
    it is very frustrating that most of the guys whi have filed between July 2nd -July 16 have been waiting either close to 90 or more than 90 days, just for the sake of the DAMN receipt notices.

    I have been very patiently waiting for the past 84 days (as i filed mine on July16th) and I see that even folks who filed just during the Aug 10th period are also getting their notices and getting their FP done.

    DAMN with USCIS sorting order, as those morons could not even implement a FIFO manner, if they had followed, we would have had our receipts long back.

    Once again, HELL with these stupid receipting process.

    Hope atleast some of you can understand the pain in the whole friggin process.

    FETCH_GC




    EB3_SEP04
    08-14 02:35 PM
    EAD paper filed at TSC.

    Mailed: 7/2/08
    Receipt Date: 7/3/08
    Card Production Ordered Email: 8/13/08

    Chem2, can you please share your PD and EB category ?
    Just wondering if EAD approvals are faster for EB2.



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