Monday, July 4, 2011

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  • insbaby
    09-23 04:03 PM
    * is expected to move very slightly forward
    * are expected to move slowly
    * is expected to move very slowly
    * is expected to remain unchanged
    * to move very slowly forward

    I love english. You can say the same thing in 10 different ways without hurting others.

    -- He could have done it with just two words as "Forget it" and closed the meeting.




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  • chanduv23
    07-08 11:23 AM
    I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.



    Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.



    This is really a very unfortunate situation.

    The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.

    Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.

    On the practical side, vast majority of employer have no issues with such EVL letters.

    Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.



    It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.

    There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.

    I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.

    ---------------
    Life is not fair; get used to it. - Bill Gates

    Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates


    .

    Your perspectives go well beyond what an average immigrant thinks about the whole EB system.

    I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.

    In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.

    I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.

    A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.

    I am not blaming an employee or employer for this but this entire EB based system is set up in that way.




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  • greencard_fever
    08-12 02:27 PM
    I think we got our green cards.

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

    Current Status: Notice mailed welcoming the new permanent resident.

    On August 12, 2008, 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.


    Only catch for us is that we are moving next weekend!! I am going to do change of address with USCIS immediately, but in the meanwhile what if they mail documents to my old address? Any suggestions?

    Also whats ADIT.

    BTW our case was at NSC and priority date is May 2004. Application mailed Aug7th 2007.

    vdixit
    Congrats!! can you also post this approval in another thread which is for NSC-approvals..BTW were there are any LUD's on your 485 before approval




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  • jkays94
    05-25 06:45 PM
    Shouldn't IV ammend the text of the email to better reflect the negative impact of the Bernie Sander's ammendment ? The Senators (who are known for not often reading voluminous legislation in detail) may have voted with their hearts for this ammendment thinking this was going to help students in their states. I think IV members who are their constituents should have a means of letting their Senators know the effect of their actions and for those who voted against it they should be congratulated for voting against this harmful ammendment. They may have thought of this as win-win situation. Yet they may have not known the following points (read the study its detailed):

    http://www.nfap.com/pdf/0507brief-business-immigration.pdf

    U.S. businesses pay over $91 billion a year in state and local taxes directed toward public education, while the mandated scholarship and training fees U.S. companies pay for each H-1B professional hired are approaching $2 billion since 1999, according to this National Foundation for American Policy analysis. These findings undermine the argument that companies should not be permitted to hire international students and other foreign nationals on skilled visas unless they do more to support U.S. education.

    For example Bernie Sanders spent his time barraging Microsoft and used quotations from Microsoft executives to argue for the $5000 fee for H1-B filings. Had other Senators been educated on how the H1-B program has benefitted the US economy they would have reconsidered their positions :

    The figures presented in this analysis show the argument against H-1B visas further falls apart when examining the already substantial taxes, fees, and charitable contributions made by U.S. companies. The Gates Foundation alone, funded by Microsoft stock, has contributed $3 billion to U.S. public education since 1999.

    Record of Senators who voted for or against the ammendment (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00179)



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  • chalamcharla
    10-10 02:13 PM
    Still Waiting !! 90 days reached, Received by R.Williams on July 5th , Nebraska. Did any july 5th filers got receipts from NSC :o:confused::mad:




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  • morchu
    05-04 09:54 PM
    See the post of "vbkris77".

    The specific regulation is at: 22CFR 42.32
    (http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)

    And it specifically states that the derivative is entitled to same "classification".

    =======
    (2) Entitlement to derivative status.
    .......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
    =======



    I spoke with our attorney
    He said
    INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.



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  • gsc999
    10-08 05:39 PM
    But please, just trying to beat around the bush is not going to help anyone here for that matter not just me alone. You suggestion of sending flowers seems like that is the only solution to all the problems. I would say the reversal of the July 2 visa bulletine didn't just happen because of the flowers the members sent, the law suit AILA wanted to file against USCIS was one of the major reason apart from the California's Lawmakers letter. So please don't try to cut peoples idea by trying to belittle them, if you don't agree with them it is ok, if everyone agreed on the same thing life will be so dull.
    ---
    Your post is highly misinformed and members aren't surprised by your lack of correct information, you mention in your profile that you don't want to volunteer and you didn't attend the DC rally. No wonder you are disconnected from reality about how far IV has come. It is a fact and all members know this, IV scooped the July visa reversal news.

    Please stop living in the blunderland and face the reality. IV was a big reason, we never clam to be the sole reason. We work with other stakeholders. Without a grassroot effort none of the other constituents would have been effective. You mention about the AILA lawsuit "threat," well, why didn't they actually file the lawsuit? We agree that the lawmaker's letter was instrumental in the July visa fiasco reversal. We had an unprecedented San Jose rally by legal immigrants.

    You need to get serious and need to contact your state chapter leader to get some more information about IV.
    Stop misinforming others! It is about time IVers realized their infuence and exploit their full potential. Don't let such misinformed comments affect your efforts.




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  • Macaca
    07-09 12:01 PM
    � 245.1 Eligibility.
    (a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.

    Condi and USCIS are saying the above.

    Now lets see how the above LAW was followed in the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.



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  • smuggymba
    07-21 08:22 AM
    My question is, what will happen after that?

    IV will have more money to do advocacy events like the one that just happened. More media spending, more coverage.




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  • spulapa
    02-02 10:50 AM
    Just curious...WHAT CULTURE R U TALKING ABOUT?

    1. 2G scam --- Our culture
    2. CWG scam --- Our culture
    3. Adarsh Housing society scam --- Our culture
    4. Land acquisition in states like K'taka and Andhra --- Our culture
    5. Gang rapes in Delhi --- Our culture
    6. IPL scams --- Our culture
    7. Not allowed to hoist our flag in our own country (Kashmir) --- Our culture
    8. Chinese can claim Arunachal and issue stapled visas - its OK. Pakis violate ceasefire - Not OK --- Our culture
    9. North Indians treated as aliens in Mumbai --- Our culture
    10. Hordes of muslims killed in Gujarat --- Our culture
    11. Celebrities like Salman, Sanjay Dutt can kill ppl on road, possess AK 47s and still get away with it --- Our culture
    12. Mining scam in K'taka and Andhra --- Our culture

    The list is never ending brother...CHEATING PPL OF THEIR HARD EARNED TAX MONEY IS THE CHEATERS' CULTURE and GETTING CHEATED BY SUCH CHEATERS IS THE COMMON MAN's CULTURE.

    Ofcourse, there's corruption and sickos everywhere. But relatively what is better??? When u have an option what do u want to embrace???
    Just speaking 100 languages and celebrating 100 festivals and females not mingling with males thus keeping away from social life etc...is not culture. Ur every day news is culture as well. Wake up to reality and make the choice when u have the liberty to make it.

    All said, its ur choice end of the day. Weighing b/w the good and bad and if ur tax money is put to good use or what? I think the writing on the wall is clear and can easily make out the differences b/w white and black. But again thats just me. 5 fingers are not the same.


    I couldn't have agreed with you more...When I meet people and they say Indian Culture is great, India is Gr8, the life here is boring and kind of nonsense I don't understand Y they are here of course for better life and money. Then Y keep on complaining about the things in life..no body is holding back others to stay here.

    I really don't understand what culture they talk about....

    @least here I don't need to bribe of simple things like getting my DL license, House registration, Going and meeting a senator, legislative. I don't need to explain to 10 people around my house if I go out and come home late night. These are just a few... I'm 100% sure I would not spend as much as time I spend with my family now excluding the weekends. I can't imagine going early in the morning at 7.00 and coming back home at 9.00 PM watch TV, eat and get to bed. On top of that go to work on weekends deal with relatives, neighbors, colleagues etc etc. Of course How can I forget the CASTE SYSTEM which is becoming as some people call the nation has developed. I cannot imagine my kids growing i the environment where CASTE SYSTEM is so prevalent.

    Well that is me and everybody have their own opinions. And good luck to all you want to move or stay.



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  • arunmohan
    05-08 03:26 PM
    Please some one has take a lead. I know a very good attorney i.e. Visanow.com. We should try to contact them and find out what are possibility we have to remove the country cap.

    some of EB3 folks formed a group to fight for this but EB2 did not participate because they were thinking that they will get their GC sooner or later.

    This is a time to fight together.




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  • brij523
    12-10 11:58 AM
    Hi other IV users,

    Did you read the post I wrote above? I think IV need some member who can do foot work. I think IV will agree with my assessment. What is others assessment? If we want to get something done we have to make some strategic and concentrated move.
    Not everything could be written on this site.
    If you are interested PM me. We can talk privately.



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  • ngodisha
    05-28 12:51 PM
    Sent the email to 10+1 senators.




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  • surabhi
    04-23 05:18 PM
    There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.

    I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.

    1. H1B is a legitimate business expense. It should be factored in as such by the employers.

    2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.

    3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.

    4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.

    5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.

    6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.

    7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.

    8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.



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  • technoboy
    10-13 12:17 PM
    Hi there !
    Just let you know guys, My checks got Cashed today.




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  • InTheMoment
    08-01 08:35 PM
    Since it reached before July 30 it can reach anywhere !

    Though I would say pray for TSC !

    On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).

    Reached Nebraska Service Centre on July 26th.

    Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.



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  • ras
    11-22 02:44 AM
    It's definetly a shock and an usual post on these forums. I am spellbound by the support you are getting from the forum members. I am seeing the humanitarian attitude all around praying for your health. This should bring change about the way you think about your health. You are fighting against an enemy- the prognosis you got from the doctors. The only option left for you is winning against the enemy no matter what it takes. The foremost thought you should inculcate is that you are winning against the enemy. That's it. I believe the will power will definetly take you out of the fatal disease.

    I know it is hard but try concentrating more on your health than other things including your family members. Hopefully generous IV members will do something for your family which probably can be done in our limits. Whereas it is you who has to fight against the disease and so you got to take care of your health first.

    My best wishes are with you.




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  • gcformeornot
    09-25 03:38 PM
    Reached NSC at 23rd.

    Got all receipts (8)
    RD July 2oth :rolleyes:

    R Pitcher

    WAC receipts
    Transfered Notice to NSC

    Both EADs ordered.




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  • apb
    09-07 02:53 PM
    Scene at Consulate
    IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.

    H1B applicant:--> SO WHAT IS THE CATCH.

    IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
    ------------------------------------------------------------------------




    newuser
    07-20 12:18 PM
    I feel sorry for EB3 folks even though I'm under EB2. But I get upset when some of the EB2 folks don't even know the reason why they started getting green cards recently all of a sudden ( b'coz of roll over). They don't educate themselves and talk as if they deserve the green cards. If was a collective effort from IV and fellow immigrants that pressurised USCIS to follow the rules and reduce the backlogs.




    TheOmbudsman
    10-25 04:32 PM
    I never believed the polls either. Go ahead and research how many pro CIR candidates have experienced decrease in popularity so far, how many cities have initiated ordinances against illegal immigration, how many $ was invested in lobbying senators without much success, how many anti CIR/amnesty calls outnumbered the pro CIR calls. If you do that, you may be shocked.


    Guys,
    I never beleive in polls. The questions are always framed in such a way so that max people go and answer the way the poll wants....example below

    Q1 ... Do you as an American support CIR for resolving immigration issues this country faces ?

    Q2 ... Do you as an American support CIR so that illegal immigrants be a Citizen of this country ?

    Looks at the above two questions, I think for Q1 lot of people would say "Yes" and "No" for the Q2, so I never beleive on the polls , the questions are always framed to get the answer the poll wants.



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