Friday, July 1, 2011

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  • bindoke
    08-20 01:18 PM
    Buddy i am in the same boat :)




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  • qplearn
    12-10 09:43 AM
    What we need is a interim EB bill.


    The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those..
    To summarize a discussion with Tito, Rajeev, and go_gc_way on another thread: we should ask for 3 non-controversial things first. We can, if we need to, ask for more things in Step 2.

    1. Ability to file for I-485 without current PD.
    2. A renewable EAD of 5 yrs.
    3. Recapture of unused visas from previous yrs (only if this is not controversial).

    Guys and gals, a silver medal is better than a gold medal. The SKIL bill is a gold medal, but the bottomline is we did not win any medal on Friday. Also, I support nycgal's opinion on re-evaluation of our lobbying partner.




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  • virtual55
    05-02 09:55 PM
    http://cornyn.senate.gov/index.asp?f=record&lid=1&rid=237170




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  • mallu
    12-16 08:18 PM
    I consider the 30-40 range 'golden' years . Enough experience to handle various things without much botheration of senility. Depression is not continuous, but comes once in a while. Currently i am optimistic that India EB2 will move forward starting Oct.2008 and my PD of Nov.2002 will become current some time in 2009 and i will be inching to 10 years of SSN eligibility.

    I also have following kind of worries too, which haunt me often.
    Being the 'only son' there is a big emotional pull from the parents to take care of them. But am worried about 'transporting' the American citizen kid back to India ( like them adjusting to the culture there ). Now my batch mates who got GC ( because they came early to USA and got lucky. One India EB2 friend - applied PERM in 2005 & I-485 in 2005 - got his GC in Aug 2007 ! ) , aiming for citizenship , then they want to move to India and plan to bring up kids there. And when they are 'ripe' for higher studies, march back to USA.



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  • vbkris77
    07-19 10:49 PM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.

    Even though I am waiting under EB2, I support this initiative. However INA clearly tells CIS/DoS to follow their current approach. Otherwise, this would have been in our first question to administration. Read below the text from INA with emphasis added.

    Now I don't think it is fair. So I think we need to ask IV Core to analyze the proposal of adding the required text to CIR to make the process level playing for everyone. Recapture of visas coupled with removal of country limits would actually clear the current backlog. But to avoid future backlog I think it is only fair to make Spillover of the visas available beyond 28.6 % of visas available for any category be applied to the applicants with oldest priority date irrespective of the priority category.




    INA Sec 203

    (b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):

    (A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -

    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

    (iii) the alien's entry into the United States will substantially benefit prospectively the United States.

    (B) Outstanding professors and researchers. -An alien is described in this subparagraph if -

    (i) the alien is recognized internationally as outstanding in a specific academic area,

    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and

    (iii) the alien seeks to enter the United States-

    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or

    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

    (C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.


    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    (B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.



    (ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--

    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and



    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.


    USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)




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  • krishnam70
    07-03 01:22 PM
    still valid link

    http://www.ftd.com/350/catalog/product.epl?product_id=F488
    http://www.proflowers.com/landingSearch.aspx?pageid=Search&REF=FGVSRCHgoogskwd+online+flowers&NoExitPopup=Y&matchtype=search&KEYWORD=online+flowers&adtext=761026040&network=google

    any vendor is fine. its a token of protest

    I think its important to mention this is a protest of the actions done by them, otherwise the morons might think we are appreciating their work..



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  • kshitijnt
    07-09 02:48 PM
    I am in a similar position but working on 3 months contract through a consulting company on w2. It is similar to my 485 job details, but it is a short term project.

    Would I get an RFE if I work on contract on W2?

    In my personal opinion, you should look out for permanent offers. I tend to prefer 1099 contracts as opposed to W-2 because 1099s tend to make stronger case for self employment.




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  • newu77
    08-17 06:51 PM
    Please reply, We would like to know if anybody got receipt notice (or cheques encashed) and satisfy following criteria:

    1) I-140 approved at TSC
    2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
    3) I-485 mailed to NSC during last week of June or early July ?

    Thanks



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  • hiUS
    09-11 10:27 AM
    I did try to talk to customer care but it was of no help.
    They tell me to wait for 30 days and sometime 60-90days.
    They say you will become actual permanent resident when you get the card The card is important.
    You now USCIS don�t know when they will change their minds.

    To better be on safe side to get it stamped on my passport. I took info pass on 09-11-08 it will be almost 30 days,

    let�s wait and see


    approved on 8-12-08
    NoWelcome notice Or Card

    Hi GCEB2,

    Please share you Infopass experience after you are done with it today. My case is exactly same as yours.




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  • letstalklc
    07-20 11:09 AM
    Sanhari,

    If GCs were sold in stores I would buy you and your family a bunch of them.
    You are in the EB3 category, do you ever wonder why somebody who is more educated than you or me, makes more money? Can we say, hey you I was born in 1890 I should make more money, it does not fly, EB3 is not a reflection on your skills but more the job you hold.

    The question you should ask is why have EB1, 2, 3, etc?

    Why do you not include the family based categories, isn't family first, why not the EB spill over to to FB first then whatever trickles down comes to EB, is not this fair? I am sure there are a lot in the FB queue who have waited for longer than you. Now dont tell you you are better than FB because you are highly skilled, pay taxes, etc.


    You signed up for this knowing what was in store.
    You think writing a letter or starting up a thread is going to help?

    I just wonder, is IV some kind of therapy? something like weightwatchers,
    maybe we should call ourselves GCWatchers, for frustrated GC folks from India.

    Tell me this, are your bosses fools to sponsor you in EB3, do they not know it will take years? No they are not, ask yourself why?

    India is shining, not a bad proposition at all.

    Well said my friend.....



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  • ski_dude12
    08-26 12:56 PM
    I received a confirmation from the Ombudsman's office that they have received my case documents and would let me know when it get's assigned to an immigration specialist.

    I have not heard back from them yet... 3 weeks and counting... How long does it take them to followup on the case?




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  • apahilaj
    02-03 07:44 PM
    I have been waiting for the FP in the hope that they will be issuing it soon, its already Feb and I have not received it yet. Im the only one who has not recieved the notice yet in my friends circle, I have opened an SR last week. Mine is TSC application. Are there any TSC guys yet to receive the FP notices. Overall are there a significant number of people still waiting or is it just a few of us
    Thanks

    Hi,

    What is your 485 notice date and which state are you residing?



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  • reddog
    07-09 01:14 PM
    well, the question then would be, has anyone been denied after presenting an EVL which states the employee is a consultant ?




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  • rbanerjee
    06-22 11:49 AM
    Regarding feedback from the public on skilled legal immigration, read the article below. Then go to "Discuss" and see what Americans are saying about us. They are making a tough point that in these inevitable times of offshoring, we are coming here to take away jobs that are left.
    http://news.yahoo.com/s/ap/20060622/ap_on_go_co/immigration_getting_on_line_7;_ylt=Amc.zZb07X6A849 i9qW0XfBQuk0A;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCU l

    This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.

    The standard line amounts to this:

    We are highly skilled we are legal and we are stuck and dont deserve this.
    This is not good PR. Nobody cares about this.. it will get us nowhere..

    We need to have a standard message apart from all other humint crap..

    1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.

    2) legals are in most cases paying taxes for which they may never realize the benifits like social security.

    We need to let it be known in a firm polite manner that
    1) we are giving more than we are getting and are not free loaders
    2) we are not harming or displacing anyone.

    I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.



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  • sodh
    07-10 01:25 AM
    Can someone give me Michael Moore's contact and I can gaurantee you that his next movie will be on USCIS and DOS.




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  • desi3933
    06-27 11:41 AM
    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.

    There are many points on which this agreement can be defended.
    1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
    2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
    3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.

    Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.

    I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.

    Good Luck.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com



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  • PrashantChandran1978
    09-19 02:16 PM
    Please update me when ur cheques got encashed and when got receipt notice, my application is also received by k.lawson (NSC on Aug 6 07/EB3)




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  • visli_com
    02-18 07:41 PM
    Tomorrow will be my FP at santa ana,ca , my case was nsc->csc->nsc. 2nd july filer.




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  • nitkad
    04-22 11:48 AM
    hi guyz,

    Here u go. The company name is 3i Infotech Inc. based in NJ.

    As far as I know this is a genuine company and not a typical small desi company.
    Did you sign some paper saying that you will reimburse the GC costs if you leave the company? If it was signed before the GC process started then it is not against the law that the company is holding back the $4K. This is a big company and I don't think the $4k matters to them much.

    As far as experience letter, they have to give it.

    Also, sometimes we get mad at the company even though its our own mistake. So, before filling anything with the labor department, make sure you have not signed the papers. By reporting them you are basically giving trouble to others who are in GC process through them.




    RNGC
    07-06 10:03 PM
    When I was in DC sometime last year saw a group of people standing in front of the capitol building holding signs that circumcision is cruel!!....

    I am proposing that we atleast 50-100 members who can go to DC on a weekday morning, preferably Monday, should stand in that area, with signs highligting our problems, so all senators/congresspersons can see us, I guess that place is specifically for demonstrators, .....we can start from DC on Monday afternoon to our place.

    But we need help from DC locals to get permissions...and send a copy of the permissions to all those who plan to attend....

    Any date before August 15 will be too early I think, we shoud have enough time to plan to organize this....even 50-100 people would be good....we can take the entire family with kids and stand there for 2-4 hrs.....


    CD campaign:
    -------------
    I had one more idea....how about we put all the material , not only issues related to Jul 2, but all our issues, create an excellent coloured PDF version, write to CD, label it and send the CD too all senators/congress persons/Governors/lt.governers/President/etc etc...we should send this CD to atleast 1000 people and atleast 500 media contacts....

    CDs being cheap, it should not cost much except for mailing it and we have some great talent in IV in writing the material.....

    Nowadays CEOs/Politicians are so used to presentations etc...so CDs might help


    Can we setup a poll for CD campaign.... ?




    rbharol
    10-17 01:49 AM
    IV

    I have a feeling that the restrictionists may seek to attach HR 6283 along with the SKIL Bill to any appropriations bill...the restrionists have long been trying to cut family immigration (which they call chain migration)..what do you think?

    NUmbers USA are asking members to send this fax to their representative...

    ====

    Dear Representative XX

    I believe that cosponsoring H.R. 6283 is the single most important immigration action you can take right now to remove injustices caused by too-high immigration and to move US toward environmental sustainability.

    Until the late 1950s, America's immigration tradition of family unity had only included spouses and minor children. Since then, however, immigrants also have been allowed to sponsor send for their siblings, parents and adult children for legal admission into this country.

    Because each of those can then bring in their own adult relatives and nuclear family, a single immigrant can eventually be responsible for the arrival in the United States of his/her aunts, uncles, nephews, nieces, first cousins, second cousins once-removed, in a spiraling chain that eventually could reach most of the world's six billion-plus residents.

    Our immigration policy, particularly as it pertains to “chain migration,” is out of control. Please put an end to it by supporting H.R. 6283.

    Anti Immigrants will keep doing what they are doing and they have been doing it for long.
    They have to give strong argument in favour of their claims.
    Somebody can't just say we don't like the color of their skins so we do not want them here.

    Let them present their views to the lawmakers and lets do our part.

    I do not really like the idea of posting NumbersUSA posts here.
    I do not mean to offend you.



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