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  • texanguy
    06-12 06:58 PM
    you are asking for EB2 guys in 2004,2005,2006,2007 to wait for EB-3 guys in 2001,2002,2003,2004. Point is well taken. Its a humane way of handling things.

    Perhaps they should not make EB1 current, let them wait a year or two while 2004 EB2 and 2001 EB3 get their green cards.

    Ask this question to yourself. If you were an EB2 person with 2004 priority with a spouse and kid, Would you be willing to wait few more years to get your green cards so that a 2001 EB-3 shall get his faster and may not care /appreciate your sacrifice?

    Your position helps yourself and nobody else. I dont have any problems 2001 EB3s getting approved before 2004 EB2's. Thats the way it should be, but not at the expense of EB2's. Feeling of entitlement is not adequate justification. USCIS has established a way to convert to EB2 status, if you have sufficient experience. You can certainly try that option.

    I just spoke my mind, dont care if i get red dots or not. Apperantly people here are way too sensitive to an opposite point of view.



    I believe that there is a great flaw in the way the USCIS allocates VISA NUMBERS among EB1, EB2 and EB3 which is very much evident and if we can stand united we can get something done.

    After carefully observing the trend in VISA approval and VISA bulletins, It is a reality that EB3-I is not moving and at the same time EB2 and EB1 are moving fast in relative terms and probably may even become current ( EB1 is already current ), But one thing USCIS is clearly not considering is the Priority Date, which basically means that they are not giving a damn thing about how long the person from EB3-I is waiting for. Here is my suggestion and some of the IV representatives need to analyse what Iam gonna say and see if they can stand up. Being an EB3-I india myself, i totally agree that EB1 and EB2 should be given a weightage and some preference over EB3, but I dont agree to what USCIS is currently following, EB2 With priority 2006 getting ahead of EB3-I with priority date 2001. This is ridiculous and to even think about it, it just sounds stupid. What they can do is , They can move the Dates in both Categories while giving preference to EB1 and EB2 first.

    Please dont jump up & down before i complete. Iam just giving you an example of how things should work and how they can move dates forward for all 3 categories while maintaining that EB1 and EB2 gets preference over EB3. Let us ignore Eb1, since it is already current. Now Coming to Eb2, the priority Date is 2004 for them.Ideally speaking, They should not move them ahead until atleast EB3 reaches 2004. But once Both EB2 and EB3 reaches the priority date of 2004, Obviously EB2 gets the preference over Eb3 and EB2 will start to move ahead but not by much, let us say 1 year. Now, Clearly, EB2 is still given the extra preference over EB3 but at the same time, we are maintaining the priority dates between EB2 and EB3 as close as possible so that the system is not totally unfair to EB3 filers. I think, as one of the un-biased Organisation we should stand up against this unfair treatment in general. I hope even EB-2 will understand what iam trying to say.

    let me know if iam making any sense. If am wrong, also let me know. So that i can get a better understanding of things and correct myself.





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  • indianindian2006
    03-13 01:16 PM
    Does any one know what the EX and FX categories mean?

    employment and family





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  • starscream
    09-17 12:51 PM
    does anyone know if the Republican cosponsor of HR 5882 (the congressman who introduced it jointly with Congresswoman Zoe) - is he part of the judiciary commiteee?? if not - can he speak in support of the bill when they discuss this bill in the commitee -





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  • chanduv23
    03-13 10:00 PM
    I am still on H1 (not utilized EAD), the visa on my passport expired last year. Planning to visit India next week, should I be getting a visa stamped or use AP?

    APPRECIATE INPUTS. Any USCIS link will also help.

    Regards

    Though it is not related to this thread, it is a decision that only u can make. A friend of mine whose priority date is nowhere close and is still on h1b used his AP to reenter the US and when I asked him why he did not want visa stamping - he said "who will go through all the hasstles of appointments, stanidng in queue, wasting precious vacation time when you have a AP to reenter" . Now thats him - but u can make ur own decision based on ur corcumstance.



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  • smartboy75
    09-30 02:54 AM
    What are your priority dates? They may now be working on your GC application.
    GK Best

    My I-485, I-765, I-131 cheques were encased on 26th Sept and 28th I got the email....My PD is 24 May 2004..EB2 category...





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  • chanduv23
    01-22 09:43 AM
    That is correct. Since H1-B petition is filed by employer, it can only be legally challenged by the employer only. Employee is beneficiary and therefore has very limited legal rights to challenge even if petition is denied.

    Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).


    ________________
    Not a legal advice.


    Lets not assume we know all legal stuff.
    Defining employer - employee relationship is different from abuse and we cannot relate these two.

    I do agree that to challenge the law rightfully, one has to have credibility.



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  • saibaba
    12-02 02:33 PM
    One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.

    He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.

    He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn’t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs…when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.

    Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?

    I told him that he might have to do AC-21 stuff but he said he don’t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.

    Looks like he can get paid by the new employer by 1099, is that correct?.
    Also I’m skeptical about using EAD while keeping your H1 with original employer.

    I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2’s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?

    Has anybody done this? If so can I know what are the pros and cons?

    If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it’s look like a very good option for everyone.

    Can someone pls share your knowledge?

    Thanks





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  • eb3_nepa
    04-22 09:07 PM
    I have not contributed much as comapred to top guys but I have generated atleast $600 through my efforts to rope in new guys & requested them to put in some money. Some did but some did not

    Same here, infact i was even lucky enough to generate abt $200 from 2 american citizens of Indian origin of my community.



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  • ab_tak_chappan
    08-20 01:13 AM
    albertpinto dont be jealous dude :) :D:mad::D:mad::D
    I agree and actually this is a time wasting thread. it is good that he got this citizenship and I guess he is happy but what about others who are struggling to get a gc ?
    and this statement really irritated me "I know, the wait time is long, but it is worth it every bit."
    maybe they should make new citizens apply for passport every year and tell them to renew DL everyyear and after few years I will ask him if the wait was worth it ??





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  • sunty
    06-17 02:40 PM
    Called all the Tri-state Republican lawmakers..left my name and address with the aides most of them said they will send a letter about representatives positions on our bills....will call CHC members now......Guys please call...



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  • Tantra
    07-18 10:17 AM
    DateDelivered:Jul 2nd
    TimeDelivered:10.25AM
    Center:NSC
    Status:None





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  • voldemar
    01-30 01:16 PM
    No, 45 days condition is not for "to file 140 within 45 days of labor approval"
    But it is for the company to substitute the LC for some other employee within 45 days.

    There is no time limit set to file I-140 for the employee for whom the LC was issued.Where do you get this from? In original proposal it was 45 days to file I-140, after that day labor just dies. Company can request substitution only before labor approval.

    http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-1248.pdf
    -----------------
    First, DOL is proposing to
    eliminate the current practice of
    allowing the substitution of alien
    beneficiaries on permanent labor
    certification applications and resulting
    certifications. Second, DOL is proposing
    a 45-day period for employers to file
    approved permanent labor certifications
    in support of a petition with the
    Department of Homeland Security,
    United States Citizenship and
    Immigration Services (DHS).
    ---------------------------



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  • maverick_joe
    05-09 11:11 AM
    does kaiser provide insurance for visitors?

    I am also shopping for my parent's insurance coming to US next month. I found the coverage by TATA AIG better than ICICI. The HMO plans for Kaiser is also good but expensive. United Health care does not provide insurance if the applicant doesn't have SSN.





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  • pappu
    12-09 01:33 AM
    pls stay in touch. we will try to get your story published. send me your details. Others that have had such experiences pls stay in touch. such compelling stories help us influence masses and lawmakers.



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  • chicago60607
    09-17 11:30 AM
    Impeachement voting is done





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  • imh1b
    01-21 01:37 PM
    Anti immigration group targets all of the immigration. You can see numbersusa website. There are 2 reasons for the hate towards H1b and L1 program. Fraud and abuse is more in H1b. 20% was found by USCIS. Many fear it could be more. Mainly Indian bodyshopping and consulting companies are main reason. Another reason is many fear that H1b and L1 program is main reason outsourcing. Many big companies laid off US workers and did outsourcing to cut cost and they were asked to give Knowledge transfer to the onsite resources (those who are H1b or L1). Number of jobs in High skilled are very less (may be 2%) compared to low skilled in US. So they think 65k is more in percentage terms. US congress expects that H1b should be used only when no US Workers available. That is the reason there is no support at all at congress to increase H1b Cap. When they put a H1b restriction for TARP companies it was passed uniamously. So if we need EB reform just we need to disassociate or take neutral stand on H1b. They cannot remove H1b as it was with WTO.

    AND WHO ARE YOU MR ANTI-IMMIGRANT?

    Stop coming and posting in disguise. Don't you have anything better to do in life. Go learn some skills and find a real job. If you think your posts will do anything to us, you are mistaken. We will hate you guys more for your xenophobia



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  • pansworld
    12-02 01:43 AM
    We can always convey that the amounts can and will be adjusted based on need. But let's set a target. Disclose the goals. Not the exact dates and times and the kinds of meetings being attended nor do we need a detailed daily report of how the money will be spent. That is micro reporting and I think we all trust IV enough to know that the money is being well spent. All targeted funding drives help us do is plan better and focus better.

    Let's be vigilant and worry about the things we can worry about.

    Getting a little philosophical:
    I agree with you that the outside world is cruel. But the journey's been alright till now hasn't it. I was a huge supporter of the Gandhigiri campaign and was one of the primary reasons why I got involved with IV in the first place and am proud of it. We need more voices and more participation.





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  • mpadapa
    09-17 11:00 AM
    Both DOS and USCIS do believe the recap bill is going to improve their efficiency. They had made it very clear in the Immigration subcommittee hearing on "wasted visas" held on Apr 30.

    They might got feed back from DOS and USCIS also.

    I hope DOS and USCIS give positive feedback to recapture visas.





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  • tonyHK12
    04-20 04:37 PM
    Trust me, we have taken advantage of several similar system loops holes in our lives.
    .

    Nope. the statement only holds if you say:

    "Trust me, I have taken advantage of several similar system loops holes in my life."





    Desertfox
    11-01 06:10 PM
    [QUOTE=v2neha;191166]I won't go back - not because I am lazy or afraid of smarter people back home. [QUOTE]

    You are right on target man!! Its much harder to compete there back home.... plenty of smarter people out there.:D





    senthil1
    02-07 01:56 PM
    It is just speculation that it will take 10 years or 15 years. Actually past 3 years atleast 50% h1 were used by TCS,WIPRO and similar companies. So those who are processing gc is less. But it may take some time to clear current backlog as we had 195k H1 cap till 2003. If 65k h1 cap is there then it will be 3 year waiting period for EB2 and 4 to 5 year for Eb3. People will speculate based on number of H1s. But their calculation is not including the number of people who are giving up and also many people are going back. But if they increase H1 then the situation may become worse. I think one time releif will be enough to resolve the issue for
    next 5 years. But Skil bill is asking too much(May be for permanent resolution of
    gc issue) and opposition is more as anti immigrants are quoting the numbers. Remember in 2000 the relief of recapturing previous few years did not attract
    large opposition and passed easily. Simlarly if H1 increase also limited for 2 or 3 years that can be passed easily as we can convince Senators like Sessions.
    But if we keep on asking so many numbers of H1 and Gc and also exemptions
    for Master degree then we have to wait for CIR as this will have lesser impact
    in numbers compared to illegal immigrants.




    I wonder why EB 3 ROW is stuck at Aug 02. I guess it should move faster.



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