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  • chanduv23
    11-16 03:25 PM
    actually I realized the difference bet LC ads and EEOC laws:
    Per EEOC, they cannot discriminate to hire a person on a visa. But for green card sponsorship, they have to show preference for an equally qualified USC or perm resident.
    I know this b/c my employer, while sponsoring a previous H-1b at my firm, during the LC process found a qualified USC. They stopped the gc process, but could not let the person go b/c it is legal to hire an H-1b even if USCs are available.

    What practical sense does this make? Once an employer sponsors an H-1b, why would he want to go thru the whole recruiting and training process again to hire a new person?

    When it comes to implementation, things vary. Laws are made so that they can be worked around, laws are made in a way that can be interpreted in many ways, laws canbe generalised, they have grey areas. Everything is based on convinience.





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  • EAD
    11-13 10:48 AM
    Hi, I got the email today that my AP has approved and they have mailed the document.

    Few things i did to expedite so that I don't have to cancel my tickets and thanksgiving plans.

    5 Days before the end of 90 days. I called NSC and requested to expedite the process in financial loss category. They told me that I'll get some information with in 5 days. I got letter in mail that they are working on it. Regular receipt letter nothing much information

    2) Exactly after 90 days of filing my application (Nov 4th) I took an infopass appointment to talk to the officer. She told me that we cannot expedite as this is not a medical emergency or any other kind of emergency. I told her that i have already got my tickets and i made the plans after normal processing times of 90 days. She said she cannot do anything except sending an email to USCIS about my case. She also said if you have any family medical emergency we can issue a AP here but as I don't have one we cannot do anything.

    3) Same day I sent a cover letter with DHS Form 7001 to CIS Ombudsman explaining my situation including copy of financial loss documents (tickets and all.)

    After around 9 days I got a email today that its approved. I had lost hope and was planning to cancel my tickets coming Monday.

    I am not sure whats the reason it got approved. May be its just over 90 days and it was supposed to get approved or its because of CIS Ombudsman.

    I am glad that now I can travel as planned next week and don't have to cancel my tickets provided I'll get the document in hand early next week.





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  • smaram1
    08-17 10:35 PM
    Can you please tell me what should we write for this question?

    12. Description of your case problem: Describe the case problem you are experiencing with USCIS. Attach additional pages if needed.

    I am eligible for adjudication but for whatever reasons, my case is being overlooked.

    Do i need to add that my name check is pending and based on 180 day rule, it should have been approved?





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  • missourian
    05-29 05:22 PM
    Sorry if this is a stupid question, I am a new member

    My PD is 02/01/2005, my labour cert got approved in 03/01/2006,

    I applied EB3 I40 on 05/18/2007 and got approved on 05/23/2007

    Considering the scenario is my I140 invalid?



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  • plassey
    08-23 02:52 PM
    Here comes one more preacher. Most people on this forum are no saint, they not even a man (or woman) enough to stand up for themselves.

    We are a Union and thats how a union works that is actively supporting the cause of its members.

    If one is stupid enough not to understand that we are trying to help everyone and thus this "one help" need to be demanded then god help that person.

    Understood, we all may have problems but those could be solved with whatever our share of work we can do to support this cause.

    If someone says that they don't know what IV policies and activites are and blames that nobody explained to them. Well... thats a lame excuse. It is very much on the front page of IV

    Number is the bargaining power and we are here to bargain. Period.

    Yes, u got that right. I am one angry man and regret that what I am doing goes against the spirit of IV.

    Now my direct question to you is : are in or are u out?








    Dear plassey,

    Whatever IV is doing fine, nobody here denies that. But here are few points which I think eveybody else is trying to convey, which somehow you don't understand:

    1. This site has an open forum where not only active members of IV, but other people (cowerds, that is what you think, you out-spoken fellow) also seek advice, share their experiences and hence help each other. And mind you, because of these all people, IV and this site also get so much popular.

    2. The other point is WHY YOU PUSH SO MUCH FOR HELP. I think everybody understands the efforts of IV, but let the person decide himself/herself whether he/she wants to give money, go to DC ralley or not. Help is not demanded.

    3. Please mind your language. I don't know why you have so much of anger and you use abusive, disturbing language for others. Its very easy to say a F* word, but very difficult to sort out others problems in decent and graceful manner. I don't think any group like IV (CARE, CRY and hundreds of NGOs in India) will push people like you do.

    4. And people like you are shame for a group like IV (please ask pappu too to confirm) who spread negativity like you did in this thread.

    You need some help to suppress your anger. Please do that Dear plassy...





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  • new2gc
    12-22 04:55 PM
    Try getting info from any other consulate...you will feel the same.... I used to feel the same until I dealt with UK / French /Italian consulates for tourist visa....it was as horrible...



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  • easygoer
    12-04 01:23 PM
    was it EB2 or EB3?

    It was approved under EB2





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  • jasguild
    07-16 11:09 PM
    I hear what you are saying. I am just saying this is a band aid solution.

    jasquil



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  • fromnaija
    02-12 11:13 AM
    Does it really make sense for a CP filer to get EAD? Interim benefits are for AOS filers and rightly so too as a CP filer is deemed to be outside the USA.





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  • Pagal
    05-18 06:26 PM
    Hello Hebbar,

    :) Very few countries are free of quotas...they have them under one name or another...it's just an age-old human power structure..

    The proposal is good, why not try it? What needs to be done?



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  • jungalee43
    06-24 07:33 PM
    First of all congratulations on arriving at a mile stone. But obviously it is not end of the journey.
    It is also not a time to say "thanks and good bye" to IV. Consider the fact that IV has done a lot for us, at least by making Congress aware of our plight and giving the anti immigrationist some run for their money and at times making their heartbit to skip. It is a different matter whether we got the law passed to address our problem, we may not have that much power; a simple fact is that we do not have voting power and Indian-American or Chinese-American community is not 100% behind us.
    But in times like this at least members like you should not leave IV. Then those who have made the dates temporarily current to divide us have just achieved their goals. Anti immigrationist and the writers of the senate amnesty for illegal aliens bill would smile after reading your post. In fact you should announce a one time donation to IV to celebrate your milestone and pledge your continuing support to IV.

    Thanks.

    ___________________________
    Donation $500+ and continuing



    Guys Got approved today morning........... Thanks to everyone on this forum for infinite information........... Will be back when ready for the Citizenship application..................:D

    --------------------------------------------------------------------------------
    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: LIN0XXXXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On June 19, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.

    Sincerely,
    The U.S. Citizenship and Immigration Services (USCIS)
    -------------------------------------------------------------------------------

    PD- Dec 2002, I485-RD- Dec 2003.





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  • santb1975
    01-27 01:33 PM
    The employer does not seem to be clean. Please don't set yourself up for stress and abuse



    Hi,

    I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.

    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.

    "Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
    termination of the employment."



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  • a1b2c3
    10-12 10:19 AM
    Looking at the movement of dates for EB3, esp India and China, it's hard to be optimistic of any changes. It's a very wretched position to be in for Indian and Chinese nationality, if they're in EB3. All those who are eligible to port will definitely try to port to EB2 as long as it's available and cut their waiting time. It might be risky and unpredictable, but it's a risk worth taking considering the endless torture in the form of a long wait and zero or little forward movement of dates.

    There've been times when I've felt like attempting porting, but am not sure of the reaction of my employer - a big "reputed" company. If they revoke the I-140 in retaliation for using AC-21, then no chance of porting and back to square one. So it's the seemingly endless wait for me just like all others suffering from 2001 onwards. If only I'd not hesitated to take a bold step back in 2003. Too late to lament about that though.

    It was very hard to see at least 3-4 of my friends working in very reputed, established companies, not some tinpot startups (I'm almost tempted to name the companies) using labor Sub. And all of them have got their green cards comfortably. Every single one of them.
    Their managers pushed for labors subs for them and nobody even objected because it was legal!

    And to my best knowledge, my current company didn't do any subs (perhaps because they didn't have layoffs during dot com bust) so I see senior employees in my company badly stuck with EB3. In fact, there are EB3 managers hopelessly stuck whose EB2 employees are in a better position than them. I'm NOT making this up.

    Unless you take risks, you won't progress. Calculate your risks and take it. My friend, 2003 is an old PD and you have been stuck for long. You deserve a better deal and a more senior job profile. I agree completely with folks though, that allowing people to retain the old PD is unfair to others waiting and USCIS should grant some intermediate PD. But take it from me, all kinds of unfair practices have been happening. A classic example is July 07.





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  • javaconsultant
    02-04 11:18 AM
    Good job guys !
    Keep it up.


    Please read on:

    Meeting Notes :
    Meeting with Lauren Hole, Field Representative of Rep.George Miller (Concord).

    A group from CALIFORNIA Met with Lauren. She was not aware of the EB based GC process. So we updated her on the process and the issues. She patiently listened to us for an hour. She said she would bring it up with her counterparts in Washington, but was not sure if she would be heard on this. When asked what we could do to make us heard, she said " Just continue what you are doing.. Contact your local Congress persons".


    Meeting with Luis Quinonez and Pepei Yu, Field Reps at Rep. Barbara Lee ( Oakland).

    This meeting went very well, because both of them knew very well what the issues are with the Labor BECs and with the Retrogression. They also knew about all the bills around the immigration. They had gone through the IV web site and also the brochure.

    They were very sympathetic to our cause and said "Barbara Lee is on your side. And we understand all your problems and we are with you in asking for these reforms". They gave us some specific action plans:

    Get a few people who live in Oakland to write to B.Lee's office stating that :
    They live in such and such address (should be within the Oakland congressional district)
    Their case details with case number.
    That they represent Immigration Voice which has several x number of members who are similarly affected.
    State our cause (goals) and request that Rep. Barbara Lee should please consider / vote favorable for our case.
    Pepei Yu mentioned that if they get these letters, it gets filed and entered into a database and is seen by the Congresswoman. So, we have to draft the letter and get about 10 �20 people in the Oakland Congressional District to do this. Please get your contacts or friends to do this.

    Pepei Yu also educated us that the Congressman / woman can only look into matters of their own Congressional District . It is considered federal felony if they engage in interests of other dicstricts. So she said it is very important that we get people to appeal to the Congress person of their own district. The Congress person they should contact is the one that governs the place where they live (not the place where they work). She suggested that we make a template of the letter and use it across the country replacing our names and the Congresspersons name as appropriate. Both Luis and Pepei stroingly encouraged us to do this across the country and mentioned that this was a sure way of reaching out and making our voice heard.

    3. They were very helpful and suggested that we keep in contact with them to monitor these issues. They also offered to let us know when they may have someone from the USCIS or other such Immigration related authorities addressing open forums.

    They strongly suggested that we get in touch with Senator Feinstein (they provided a contact) and also get in touch with every congress person in the area (Bay Area) � esp those that are Moderate Democrats. The thinking was that it may be easier to get the moderates over to our view point rather than people who are totally against immigration.



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  • hiralal
    04-19 09:30 PM
    Hey Bozo - I've been following IV for about 2 years now using my spouse's ID - I just created one for myself today - My wife and I have contributed to IV also. Know the facts before shooting your mouth off - NUT JOB!!!
    good effort and a superb reply





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  • venky08
    12-13 06:34 PM
    Your are thinking under two assumptions:

    1. There is nothing left for innovation in the tech field. so no new job creation is expected in the future.

    2. There will be more supply of tech workers which will surpass the job creation rate (if in any amount) thereby depressing the wages.

    who is to know that your assumptions are correct? :confused:

    Whereas the reality is the job creation has been exponentially growing because of emerging technologies and the will to immigrate to US is surely on decrease and add reverse brain drain to it. So for next 5-10 years it will become increasingly difficult to find talented people as they will be evaporated from the market because of 65K H1B cap for last 3 years and a huge outflux of talented professionals.

    I said this before in my previous posts and i will say it again. I you are worth your salt and know what you are doing, you will be worth your weight in gold in coming years. Stick to the fight and get your GC. :cool:

    (BTW, for these opinions, i am inspired by a recent book i read on globalization- The world is Flat by Thomas Friedman. I think it shall be a must read for every H1B to GC applicant)


    All,

    With the current rate of outsourcing happening around in US and the rate of influx of temporary workers coming in on mostly L1 and may be few on H1 B Visas every year through the outsourcing companies , i am sceptical about the future of GC aspirants. With the way of GC processing happening which are caused by restrictions /policies of governing bodies and no sight of positive relief in near future i am little apprehensive about the future.

    I feel that there might be no areas that are not impacted by Outsourcing boom . Most of the companies that i see and my friends work ,i see many of the operations are outsourced or planning in place to get outsourced.

    with the current rate of outsourcing and subprime mess which may cause slow down in economy , i am not sure if there would be any positions to support our AOS , when our PD becomes current. Some times i think , the fight for GC is even worth it.

    Every one feel free to post your views/opinions/Analysis on this topic ....



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  • jnayar2006
    04-01 06:40 PM
    sent 10 n 11





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  • redcard
    09-15 08:34 AM
    What kind of job is that that pays $$$ an hour? LOBBYING ? :)

    working for Halliburton ?? or being an immigration advisor :)





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  • YesGC_NoGC
    12-12 01:24 PM
    boreal

    why not India ?





    gc_on_demand
    11-03 06:05 PM
    It is high time, we support this initiative from Senator Menendez.

    http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html#post2013464

    "It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.

    Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."

    It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.

    Please call your Senators to co-sponsor/support this bill."


    Check it out :

    http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html





    k_ek
    12-06 02:23 AM
    Dear friends, why do you seek to start bashing your country at the first opportunity you get. THere are people in the Indian Govt who are negotiating on your behalf to make sur you get your money back.

    THen on the question of paying bribes to get money out of PPF - something is better than nothing. Why complain. If it is so bad, go back and fight to fix the system, otherwise stop maoning. India is the only country that will welcome you if you are kicked out of here. I remember i used to pay 50 INR per ticket for a railway seat, now i go online and book a ticket. Things change they take time and patience.

    Only those people who have NEVER bribed anyone to get stuff done illegally, or out of turn should speak. And i know there is no one, since you are in US and came on a passport and we all know how passports are obtained.
    You left india, want to stay away, so leave it alone. When you are kicked out of everywhere, the doors will still be open, just keep some cash for the gatekeeper.
    Lets discuss whether this swap will be possible or not, or what the loopholes are.
    thanks


    thanx suttu

    really good post.
    MERA BHARAT MAHAN