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  • sam2006
    08-14 02:29 PM
    So folks
    We are in the Subset of 140 Approved in TSC and 485 applied in NSC (07-28 Lud)
    it seems our 485 could have been transfered to TSC
    the LUD was for the Transfer i guess

    we have now to look at TSC Dates for our RNs

    looks like long time to go !!!!





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  • gcisadawg
    04-12 12:09 AM
    1. they have country limit for diversification. >> us(culprit) immigration is broken.
    2. substitution labor >> desi employers(culprit) sold it.
    3. my employer did not file for GC because layoffs couple of years back. >> general public are culprit. they caused our employer to get loss.
    4.other employers filed GC for other people. >> other employers are culprit. they filed GC to retain their employers.
    5.EB2 category : if they do not exist, I would have got spillover visas.
    6.EB1 employers : employers are filing in EB1 category for the same skill set as mine
    7.EB2 employers: employers are filing in EB2 for the same skill set as mine.
    8.Dollar : Seriously. Dollar is a culprit. Last year Dollar value is less. So many foreigners are able to afford dollar and they filed for investor visa. Without that I would have got spillover visas
    9.140 portability : many people are porting 140, PD from previous employer to new employer. They are able to retain old priority dates than me.
    Any others??
    How can I get GC with all these things.

    Folks, this is for your information. not for the argument.

    just kidding. :)
    How about stopping the disscussions which divides the community.

    I can understand the frustration of long wait for GC. The fight is for immigrant and non immigrant visas. Everyone(individuals like you and me), desi employers, desi MNCs, american companies wants to play by rules. The system is not fair. thats the reality.

    Well, I thought OP had a good point. Do you support substitute LC?

    Disclaimer: I'm not a beneficiary of a substituted labor certification.

    GCisaDawg





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  • saileshdude
    08-26 09:36 AM
    I think the IO just say anything that comes into their mind because they know nobody's there to hold them accountable during the interview process. Thats why I think one should take an attorney along during the interview process if they think their case maybe little complicated. At least the attorney can step in when it comes to the IOs denying your application improperly. Does anyone think this is a good idea to be on safer side?





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  • longq
    02-04 06:28 PM
    I'll take that as the final word on this issue.

    And I expect people here to have enough integrity to let us (ROW) know if they intend to pursue the interests of the oversubscribed countries only, at the expense of the interests of the ROW.

    No one here takes advantage of any group. We are talking here is what law says and how it is implemented by various agencies. The problem is there is doubt that DOS has not understood the law. No one is against ROW and loves India and China. US immigration simply based on preference catagories. For example, wife of U.S citzen will be given first preference in immigration (FB1) compare to brothers and sisters of US permanent residents (FB4or5). This is the law.

    Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.

    After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.

    The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.

    If you read word by word of AC21 rule ..you will understand what I am saying.

    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter

    My intension is simple.

    Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.



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  • what_if
    08-11 06:40 AM
    Thanks Deecha,
    My wife's case may or may not be fine. She came on H4 and got her H1 in 2004 but got a project only in the middle of 2005 and the company started paying her only once she was on project. But thats fine. If her 485 gets rejected (although the company not paying her is not really her fault), we'll just pack our bags :) Also, her I-140 is still pending.
    I appreciate your taking time for my question.

    Since you're a beneficiary of you're wife's AOS, you're in "pending status of authorized stay". Therefore you *are* authorized to stay here as of that day until a decision on the 485 is made (the unlawful stay clock stops ticking). If you get rejected on your H1 extension, you can still stay in the country and possibly work on the EAD (a derivative benefit of the 485). If you think your wife's 485 is airtight, and there's a problem later you can use the 245(k) provision since you were in unlawful stay for less than 180 days.





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  • reedandbamboo
    09-13 12:48 AM
    Folks,

    I edited the letter so please take a look at this version. Some of you'll have suggested I condense the letter to a series of questions alone - I think this is a good idea and will be more effective in capturing attention. I will prepare something in this format (but it will have to wait for the weekend).

    For now, my intent with this letter is to ask that the ARBITRARY nature of the visa bulletin be put to an end. I am exhausted by the cycle of raised and dashed hopes when the visa bulletin moves forward and backward.

    To those of you'll who brought up the issue of schisms between EB2 and EB3, please read paragraph two above. Let us correct this randomness before we tackle each of the issues that are making life so difficult for us. You could start by gathering your friends, co-workers and other EB3 applicants and put together your list of issues to be addressed along with solutions. My view is that if USCIS is incapable of taking care of the matter then we have to pitch in and suggest/prod/request/demand it of/from them.

    Together we can do it!

    And here's the letter:


    The Ombudsman
    USCIS

    September xx, 2008

    Sir/Madam,

    On behalf of the employment-based legal immigrant community in the United States of America, I am writing to highlight the ongoing egregious inefficiencies in the immigration “services” provided by the USCIS and the DOS. There have been numerous occasions when there have been erratic movements in the DOS published visa bulletin dates. This, as we understand it, is owing to USCIS under- or over-estimating the number of applicants available for adjustment of status. And in the rare instances when the date finally moves forward by a substantial window, USCIS tends to approve the more recent applications as opposed to the ones that were filed earlier. Let me explain with an example: in the July 2008 visa bulletin, the cut-off date for the India EB2 category was 01 April 2004. A month later, the cut-off date for Indian EB2 applicants abruptly moved forward two years and was set at 01 June 2006. Instead of approving applicants who applied in 2004 and 2005, USCIS approved applicants from 2006. Where is the justice in that??? Why bother publishing the cut-off date if approvals are to be randomly allocated???

    We understand we have to stand in line and wait our turn. Each applicant is assigned a priority date which chronologically determines his/her turn for approval. To further complicate matters, once the I-485 is filed, a crop of other dates are issued by the USCIS – a receipt date, a notice date and a processing date. USCIS then takes the liberty to throw random rules at us – “Case adjudication is based on receipt date” “No, we process applications based on notice date”, “Actually, it’s the processing date that determines which applications are adjusted.” !!!

    Please take a moment to consider how these conflicting statements and arbitrary decisions wreak havoc on our morale and psyches? No one, NOT even the USCIS, has a clue as to what exactly is happening in their processing centers. The USCIS has never been able to clearly state the exact number of applications languishing, excuse us, we meant pending, in their “service” centers! We, employment-based immigrants, are tax-paying, law-abiding, educated individuals contributing to America’s knowledge economy - yet we have been subjected to the worst aspects of the US employment-based immigration system. These include:

    1) Extended wait times at each step of the immigration process.
    2) Lack of transparency on the part of USCIS (re: priority date, receipt date, notice date).
    3) Lack of USCIS customer service – once applications are submitted to USCIS they disappear into a black hole. Barring a website where one nominally can check one’s case status (but which in reality remains static for months, even years!) there is no concept of updating an applicant on where his case stands. And this is despite the applicant paying immigration fees that often run into thousands of dollars over the years. We are simply expected to wait in a complete void of information, for however long it may take, until approval.
    4) Lost opportunities owing to the lack of job portability during the process (a time period spanning an average of five years, whereas an applicant from any country besides India gets his/her PR card in under two years).

    While we are grateful for the opportunity to partake in the American dream, it is ironic that we arrive in America and find that our freedom is shackled – we are bound to our sponsoring employer from the start to the end of the extremely lengthy process. Although legal immigration reform is our ongoing aim, for now, we sincerely request you to investigate the process whereby the monthly visa bulletin is set and to ensure FIFO (first in, first out) adjustment so that those of us who have been waiting longer receive attention prior to those who have applied later. We want USCIS to be accountable to us, its paying customers.

    We request you to lend us your ear and address these issues so that we are not subjected to them in the future.

    Thanking you,



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  • for_gc
    08-21 08:06 PM
    I don't see big deal in this, just bit of information which has no consequences. Visa numbers do/will exhaust at some point in time.

    so for real, how does it affect anyone?

    Visa Number over for this year - will I get my GC this month/year/any year - UNKNOWN

    Visa Number NOT over for this year - will I get my GC this month/year/any year - UNKNOWN

    :D

    Nice !

    Makes me chuckle :)





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  • bigboy007
    04-14 11:21 PM
    This is the only link that spots to this I have seen this earlier Not sure how reliable this is ? What is the need of any sublabor demand ( per direction of this thread?) if they just retain 140 date ? There would no need in first place for any one to use it .

    Here is what i found on USCIS website Posted after 7/2007.. btw this is quoted in Labor sub case.

    "The petitioner must establish that its ETA 750 job offer to the beneficiary is a realistic one. A petitioner's filing of an ETA 750 labor certification application establishes a priority date for any immigrant petition later filed based on the approved ETA 750. The priority date is the date that Form ETA 750 Application for Alien Employment Certification was accepted for processing by any office within the employment service system of the Department of Labor. See 8 CFR 5 204.5(d)."

    http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2007/Jul262007_10B6203.pdf

    snathan,

    Here is something i found on the web for the interpretation of labor sub cases, the original PD stays with original beneficiary, but when the labor certification is used for another beneficiary then USCIS should allocate the new I-140 filing date as PD, not the original LC date.

    Following link suggest that labor substitution should not grant PDs.

    http://www.greencardapply.com/news/news05/news05_0308.htm

    Can IV bring up this issue with USCIS contacts and see whats their interpretation of this rule?

    You wont belive but the labor sub was a big mess and thanks god both USCIS and DoL realised this rule being abused and scrap it, but i am pretty sure the sub labor filed in July 2007 fiasco is clogging india EB-3 PD and it will remain at that level for next 2-3 yrs.



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  • saileshdude
    08-26 09:36 AM
    I think the IO just say anything that comes into their mind because they know nobody's there to hold them accountable during the interview process. Thats why I think one should take an attorney along during the interview process if they think their case maybe little complicated. At least the attorney can step in when it comes to the IOs denying your application improperly. Does anyone think this is a good idea to be on safer side?





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  • GCStatus
    09-17 11:36 PM
    GCStatus,

    We would like to pass the baton to you. Its not "my" website. You are free to take it. Kindly let us your a number to reach you and we will start the transition process.

    Thanks,


    BTW, no one is telling you the credentials, just letting you know that your rude posting about Admins hiding in a secret place is not appreciated. You cut-past one post, what about your other posts. Do you want me to post them here? Now lets get back to "ownership" and "rudeness" debate because it always turns out that way. You can say anything and if Admin responds, all of a sudden Admin is showing attitude, Admin is rude, freedom of speech, Ist amendment, Admins is dictators, Admins are like Hitler etc etc . Nothing new, we have seen this story repeat countless times.

    And one more thing, you are busy and others have all the free time in the world. Is that right?

    B]Please post all my e-mails here and tell me where i am rude.[/B]. This is getting funnier.

    Secret location - its like a joke coz i didnt get response for 4 or 5 e-mails.

    I want to know my derogatory language here. Bring it on, bring all e-mails.



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  • mjdup
    12-18 09:06 PM
    Good job folks, there's still 2 hours in ET and 5 hours in PT for the day to end and I'm hopeful of reaching the magic number of 46 members contributing by end of tonight, if you are on the border and unsure about contributing...please read on...otherwise click on the "contribute now" button ..

    I attended the "conference in Boston" earlier this month to which three core members had flown in and had the first hand opportunity to discuss with them. The dedication and resolve they showed approaching key people in lawmakers office was just so inspirational. Specifically, the way Aman was talking to individual IV members without taking anything for granted. None of it was for individual cause but for the entire team which means "you". So the best we could do is help the group financially and provide the means to approach for more stronger lobbying efforts. Let's be real, at the end of the day, money talks in the senate ! and we all can contribute little by little and provide the backbone for us and incoming generations..so let's do it folks, please step up...all required is $20 per member...

    OK, I'll shut up now...





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  • gimme_GC2006
    08-27 07:40 PM
    would anyone care about green or red i guess its better to be all red yahoo

    lol...:D



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  • ngodisha
    12-20 03:48 PM
    Made another $100 contribution through Paypal.
    Transaction ID: 7RL94888U3632145P

    Those of you who have not contributed yet, please do so ASAP. Please contribute to this worthy cause.

    Nag





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  • the_jaguar
    12-18 10:00 PM
    Sent my 2nd or 3rd (don't really remember..) contribution. 50 bucks this time around...



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  • anilsal
    09-14 01:13 AM
    your frustration at IV and the core.

    You can do that and IV (core or its members) will not bite at you, because we know we are all part of the same movement, with the same frustrations, pain and stress associated with uncertainty. What is really needed is channelling the frustration toward action, mobilization and support at the grass roots.

    The opposition is strong. But if we are to succeed, we need to work together. IV work is not easy. Takes time, commitment and money. Lots of people have been trying to do it for a long long time now. But circumstances and uncertainty/unpredictability associated with the legislature and governmental agency(ies) have always been the deterrent for IV's success.

    Reversal of July 07 VB, multi-year EAD, Extended OPT etc. - IV has played significant roles. Under tough circumstances, IV has been able to obtain temporary measures that provide interim relief to you and posterity.

    The day will come when retrogression will become history. But nobody knows what the calendar date of that day is. I surely hope that the day falls in 2008.

    As a start, have you looked at the High-Five campaign started by a IV member? Please donate $5 for that campaign. That is the least you can do.
    http://immigrationvoice.org/forum/showthread.php?t=20183





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  • madhuvj
    09-18 01:00 AM
    You wanna talk to me, call me at 412 915 9526

    MadhuVJ
    GCStatus & MadhuVJ,

    192.168.xx.xx is private IP address. Your service provider is Comcast and your IP is 71.61.241.65. We would not post your IP if you do not stop making things up. We know that its the same person, you cannot convince otherwise. Look, I am not telling you to mend your ways, do what you feel helps your objective. But when we find something in competition with our objective, we will have to let you know. And as you suggested, please do send us your phone number. We sure would like to get a chance to speak with you.

    Thanks,



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  • qasleuth
    02-27 02:31 PM
    I am going to take the liberty of putting together an agenda for the conference call, just to make it more productive. I can play scribe for the call.

    The call will be for a maximum of 60 mins, unless someone wants to take it longer than that.

    1. Quick introductions - State your name - GC application stage. - 10 mins
    2. Brainstorming session -- 20 mins
    2. Volunteers who want to be part of the smaller sub-group need to come forward. -- 5 mins
    This is purely to get thoughts/ideas streamlined. Everybody needs to chip in once the action plans are drafted.
    3. Volunteers to exchange contact information. -- 10 mins
    4. Miscellaneous -- 15 mins (if needed)

    Please add more items if you feel they are necessary.

    I will try to scrape all the ideas generated in this thread and will summarize for the call. If anyone wants to post more ideas/comments/suggestions/criticisms, go right ahead and post.





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  • chintu25
    08-21 04:01 PM
    As per one of the patrons on another thread an IO showed him a memo recieved by USCIS suggesting that all Visa numbers for EB2 India/China were exhausted





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  • nareshg
    07-06 07:28 PM
    Order number 1183765379 on www.1888flowermall.com

    Message

    Dear Mr. Gonzalez,
    Legal skilled non-immigrants are sorry that you are having such a hard time in determining priority dates.
    All the best for future employment based visa estimates.
    Thank you for showing us the joy for a few days and then taking it away.
    - Patiently waiting !!


    All the best folks, less than 20 to go to make it 100 !!





    pappu
    12-18 05:23 PM
    paskal, ujjvalkaul, kvrr and Sriram Thank you very much for your contributions. We confirm the reciept.





    gsc999
    06-15 12:57 PM
    It was inspiring to see some of the returning folks from 2007 and also to see a lot of new IVians/ IVers. Hats off to you all for your service to this good cause. May god bless America and may god bless you all.

    We have come a long way since Aman a few other brave folks came together to form this group in 2005. Only in America can a truly grassroots organization unite diverse people from different countries, backgrounds, genders and race allowing them to feel empowered and showcase their issues and problems to the venerable American institutions like the Congress and the Senate. Unfortunately, issues faced by the High skilled legal immigrants have been a low priority. As future Americans, only thing we can do is make them aware about our issues. Hopefully, the lawmakers will act, sooner than later, in American interest to salvage the sinking oil well of legal immigration system.

    A few brave souls whispered about the current financial crisis before it arrived at the American shores but we all ignored those pleas and warnings. Here we are again. This time the stakes are higher, it is not just about our green cards but it is about American competitiveness and American values. Will the next generation of Americans be able to look each other in the eye and boldly say, yes, we can do the right thing. Our principles were tested but we did the right thing. It took time but we did the right thing.
    As legal high skilled immigrants we can do so much. Provide facts to counter opinions. Organize advocacy events to counter demagoguery. Hopefully, all this will become sweet nostalgia where we all reminisce about the long hardships we braved and in the end the American dream did turn into a reality instead of a nightmare like the BP oil spill.

    I just heard that a friend moved to Canada, Toronto. He had a baby last year. I was excited for him then. Now, I feel sad, not because I lost a close-by friend here in America but because he always did the right thing. Always followed the rule of law worked hard but in exchange he left empty handed from this great country where he had come to make his fortune and contribute in many ways through his talents to this land. All because of the currently broken legal immigration system.

    Economic scenarios are changing. Top talent is becoming a scare commodity. Laws of demand and supply will eventually win. Resource and talent hungry countries are starting to compete among themselves to attract and retain the best and the brightest. The canary in the coal mine is singing softly but hopefully the miners are listening.



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