Friday, July 1, 2011

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  • ganguteli
    03-06 05:18 PM
    For me country cap was an important issue, so I started a focus group. If you think filing I-1485 is more important than start a focus group, you may find 100s who will support you...you can start a yahoo group
    http://groups.yahoo.com/

    While it is temptig to start an agenda item and group, I do not think time is right. You may end up too muchg attention in the bad economy and anti-immigrant atmostphere. It is better not to go on offensive and instead work on saving your job.




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  • Hopeful1
    02-11 03:10 PM
    Grand Total - $1601




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  • immigrationvoice1
    10-08 10:29 PM
    Answer to question 1: Yes you can, but make sure that at least on paper the job responsibilities remain the same as the job for which your present employer sponsored your GC. The designation can be anything.

    Answer to question 2: USCIS is not very clear on the percentage increase/decrease in salary that a person should draw in a new job from the job which sponsored the GC. However, it says, that there should not be a huge disparity between the two. Looking at the figures that you provided, it looks like a huge disparity. I am pretty sure that the "bonus" in your first job was not accounted for in the salary which was mentioned in the LC by your sponsor. Even if they did, the difference seems to be huge. If it is possible, ask the BIG employer to offer you the same amount of 65K as salary and the rest as "bonus".



    Hi All
    I will ask you in a specific manner .Will you guys help me?

    1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?

    2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
    Can I accept the 'offer' based on the above points and use my EAD?
    Or is it a violation of AOS rules?
    Appreciate if you throw light on this specific case
    Regards
    Hi Tech Coolie




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  • googlegc
    08-26 12:44 AM
    Consulting Company, but does it make a difference? FYI, We attached my client's letter with the application.

    Is it for direct employee or consulting company?



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  • desi3933
    05-11 05:16 PM
    we are talking about inclusion logic here. Not the exclusion logic.

    I do see in sec 203 how some one becomes eligible for "eb quota". I dont see ebdependents there. I see only eb primary.

    I am sorry, I am not interested to carry this debate forward for the fun of debating. I strongly urge you to read sec 203. Thanks for understanding.

    Read for yourself.

    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


    This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).


    ______________________
    Not a legal advice
    US citizen of Indian origin




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  • Libra
    08-20 12:38 PM
    Dude, what makes you feel better? let me try, my case pd is Mar 18th 2005, RD july 2nd 2007 and ND July 28th 2007.
    It is assigned to officer on 28th June, no issues with case, all are in place like name check, background check, finger prints valid till next year, officer touched my case on july 12th and 28th, no RFE sent so far as per IO and don't know why it is still sitting on officers desk. I did everything SR, 2 infopass, senators, congresswomen, Ombudsman, NSC follow up emails, SCOPSSCATTA email, nothing worked so far.

    I think you will leave the boat before me, good luck.

    Ha ha Congrats....

    Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(

    Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")



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  • gauravster
    07-08 03:17 PM
    I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.

    It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes. That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Even if the court does not do anything, it will go a long way in people and common people realising these issues.

    I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.




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  • manishs7
    09-24 04:54 PM
    Consider the scenario:
    Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.

    A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
    B joins a job on 2005 that do not need MS and experience and files for EB3.

    Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.

    Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.

    SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?

    If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.

    Therefore EB2s who are from mid 2006 onwards will really get pushed back..

    I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.

    I hace passed this stage.. now its for you all to decide..

    Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
    You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.

    Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
    It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..

    If it doesn't suit me it's injustice.



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  • drak70
    11-21 11:26 AM
    Dear Mehul

    Best Wishes for your and your family

    My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.

    For your visa
    It seems you have already cleared most hurdles

    1) Talk to a immigration lawyer
    2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
    3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
    4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
    In a similar situation i would try to straigten out few things
    First is finance Security :

    1)Try to transfer control and custody of all financial instruments to you wife name

    2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1

    What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here

    Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved




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  • dkshitij
    02-25 09:58 AM
    Tony,

    Not everyone who contributes will post their contribution in the forum. Would it be possible from IV to get the latest contribution totals?

    Thanks!



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  • krishnam70
    07-02 09:02 AM
    That thing is there for quite some time now... like more than a day. nothin new about it. just search the forums and you will be able to see what it says.

    true




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  • anzerraja
    07-20 10:42 AM
    Thanks balakishore !!!

    All you need to do now is pledge an amount. Just write down a reply to this message what you would like to contribute.

    We are working on how to arrange for the payout. Once we figure that out, everybody in the thred will be informed.


    Could some one please tell me on how to contribute for this issue ?

    I am ready to contribute a little.

    I hope everybody will contribute a little, so that AMAN will come out of this issue.

    --Balakishore

    ( Contributed $100 till today )



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  • cool_guy_onnet1
    05-03 03:30 PM
    source immigration-law.com

    05/02/2006: Senator John Cornyn Introduced S.2691 for "Legal" Employment-Based Immigration Legislation

    * Today, John Cornyn, Senator from Texas, introduced in the Senate S. 2691, Securing Knowledge Innovation and Leadership (SKIL) bill, which is similar to the legal employment-based immigration bills incorporated in the comprehensive immigration reform bills of Senator Bill Frist and Senator Alen Specter. These legal employment-based immigration bills are similar to the Education bill named PACE Act which is still pending in the Senate.
    * Senator Cornyn strongly opposes the legalization of undocumented immigrants as opposed to the Senate Majority Leader Bill Frist and most of the Senators in the Senate Judiciary Committee. The compromised comprehensive immigration reform proposal faced strong challenge from Senator Cornyn before the bill collapsed in the Senate during the Easter break. Cornyn-Kyl bill and McCain-Kennedy has engaged in a fierce duel in the Senate Judiciary Committee and in the full Senate. The collision was marked by the legalization of illegal immigrants that are incorporated in the McCain-Kennedy bill.
    * By introduction of S. 2691, Senator Cornyn practically joins the original Bill Frist bill that strongly supported legal immigration and strongly opposed legalization of illegal aliens by focusing on the border security and the immigration enforcement. Question remains whether the legal immigration bill can pass the Congress as separate from the Comprehensive Immigration Reform legislation. We are concerned that this bill may bring a further division between the legal immigrant community and the illegal immigrant community with the potential damaging consequences to both legal and illegal communities. We have maintained a tradition of strongly supporting legal employment-based immigration. We just hope that the legal and illegal reform legislation does not end up with the fate of S. 1932 as driven by the political forces using the traditional battle tactic of 'divide and conquer.' From the perspectives of the legal employment-based immigrant community, all of the pending bills support their interest and they will be least affected by whichever bill the Congress finally would pass. This is a time to unite and not a time to divide.
    I am a big fan of oh-law and I see what he is trying to explain - but common-sense suggets that all the law firms are scared that instead of 12 million pottential customers they will only see 0.5 (legal) and 4-5 million (>5 year illegal resident if comprehensive bill passes).
    Would you like your customer base to go down by 50 or 96%? I guess No- so don't pay too much attention to who cries faul- It's all fair as long as we The hard working tax-paying technology workers get piece of american dream.
    At this point it's all about flexing the muscles-
    No politics, it's just plain vanila human greed!




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  • tuhin
    11-18 02:53 PM
    Done



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  • guru76
    02-05 02:40 PM
    Contributed $50.




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  • man-woman-and-gc
    09-16 10:40 AM
    Dudes & Dudettes,

    Hasnt the issue of processing order been beaten to death?

    I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?

    USCIS can always pull the security reason trump card here.

    moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?

    We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.

    My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)


    What do we have to lose here by this effort:
    1) $100 or so
    2) A few hrs of effort in mobilising and motivating people

    What do we have to gain:
    1) A sense of unity if we can get anywhere close to 1000 supporters
    2) A chance to win against years of injustice and broken system.

    Comparing both...I'm definitely in.

    Also, we will leave it to the Lawyers to make the case..we all know it is a broken system and loopholes in it definitely will form a case. However, all that are talks up in the air if we cannot have 1000 people support this. First and foremost, we have to create a sound force. Only then we can talk about a future step. With a thousand pledged supporters and 100 grand behind us, we should not underestimate the force.



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  • GCStatus
    09-17 02:43 PM
    GCStatus, I think Prashanthg's point is a valid one but that in no way means that we should not sue USCIS for what all they have been doing all these years. This in fact will help us prepare our case even more stronger against USCIS. It is best we ourselves find all the gaps we might have while we proceed with this case instead of them coming onto the issue.

    I would suggest everyone who ofcourse is in favor or in doubt to bring forward the issues they think we need to cover while we move on with this.

    Pamposh.

    Pamposh - Point is not we getting money, idea is getting it back from USCIS. Whoever paid it, USCIS got it. Moreover, money is not the only issue. There are quite a few as we listed before.

    We are making great progress. Lets keep it going. Its ideal, we dont waste our energy on these.




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  • DianaSteve
    03-08 06:30 PM
    I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
    We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
    I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.


    I wonder what is holding you from having kids or making an investment. See GC is not the ultimate goal. I am spending so much money on estending my visa. Imagine on the same job on the same chair, no promotion, no major raise, no opportunity becuase of this crisis. But I do see a light. This year it's going to happen. Wait and see. So don't loose hope. Meanwhile enjoy the things you have. Don't worry about tomorrow.

    "They also serve who only stand and wait....."




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  • mirage
    03-06 03:18 PM
    Somebody was asking a question about what was passed by Congresswoman Zoe Logfren, it was H.R. 1127, not related to us but still a immigration related bill for more info check
    http://www.immigration-law.com/




    485Mbe4001
    09-09 07:26 PM
    <Rant>There is not mistake, i always feel that there is some @#$hole at the USCIS or state dept whose only goal in life is to get a sadistic kick by toying with the dates. How can these @#$@#@'s not realize that there is a person behind each visa number </Rant>


    Like my title says - Could it be a mistake on their part for EB3 I ? Was it meant to be 15th April 2002 ?
    In March of This year it was 15th Oct 2001. Then it goes to U for untli Oct and now its 15th April 2001 (gone back 6 months !!!!) This seems odd for a new fiscal year with new Visa Quota however small EB3I may be - are there still that many 2000-2001 applications pre-adjudicated in the system waiting for a visa that they had to roll it back ?




    sankap
    07-10 03:14 PM
    I-140 is for future job, and the petition says that the original employer has *intent* to hire the petitioner on FT/"perm" job. Now, let's say the original employer withdraws the petition after 180 days of filing I-485 and approved I-140 and lets you go. That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement? (Fortunately, yes it can be, per Yates memo.) Another situation: If you continue working with the same employer on H-1B until you get your GC, and leave him the next day of getting GC, and then plan to take a long holiday (not working). Would your GC be canceled because you don't have a FT/"perm" job?

    I-140 is for future GC and hence, must be full time and permanent.

    I-140 is not for current H-1B job.

    You are mixing two things.



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