Saturday, July 2, 2011

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  • ibb
    10-09 11:21 AM
    how about based on salary?

    everybody maximize their own utility.




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  • makemygc
    08-09 10:46 AM
    My lawyer told my checks cashed today. My details
    EB2 -> PD Sept 2003
    I140-> Applied to NSC-> Approved by TSC->March 2007
    I485->Applied to NSC -> Delived to NSC on 26th June-> checks cashed on Aug 9th by TSC

    TSC is moving like a snail. Last week we saw just couple of cases getting receipt or checks chased for Jun 26 or less and even this week TSC has not moved a day.

    Is there anyone who got their checks cashed for the TSC case submitted to NSC on June 27th onwards?




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  • USofA
    09-01 03:10 PM
    Two SLUDs on just primary applicant 485...Gurus can guess what can be expected?

    8/10 - Opened SR and no response to that yet

    8/31 - This morning (9/1) saw a SLUD dated 8/31 which wasn't there until 10EST yesterday.

    9/1 - Again another SLUD dated 9/1 this afternoon.




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  • sanjay
    02-14 02:15 PM
    Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW


    @buddyinsd

    I did not know that visa to USA is also a certificate of good behavior. Does Modi needs a visa to USA to prove he is good or bad person or vice-versa ?

    Well, every one had choice to be opinionated and I posted what I think think of Narendra Modi. Why, are people so crazy, that they start posting ( BS ) comments with red marks on post.

    Not that I give damn about red color, but remarks and PM are unwanted.



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  • mayitbesoon
    09-08 11:12 AM
    TSC EAD Paper filing for me and spouse.

    RD 8/12
    ND 8/13 No LUDs
    AD 8/28




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  • looivy
    09-14 02:26 AM
    Immi_Seeker,

    I absolutely agree with you. One of my cousin is unfortunately suffering in EB3 for years he is a MS and working for over 10 years, he has been trying to port to EB2...but his attorney flatly refused on grounds that the company doesn't need a advanced degree applicant for that position and they can't justify the same to USCIS and invite scrutiny especially in this economy.

    Ofcourse porting is blessing for lawyers and it means greenbacks for them the more the better.

    SoP

    I am in the same boat. MS + 9 years. But my application is rotting in EB-3 since 2004. As I have said before, if EB3 does not mobilize then the only option is to rot for another 4-5 years.



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  • danu2007
    07-09 07:27 PM
    I called her and left her a message..May be she might have got enough calls




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  • amitjoey
    07-09 08:04 PM
    Ok, Those who have not sent flowers, consider sending them. And everybody please take 10 minutes and email the news out to reporters, friends, and family. It has a ripple effect. Also talk about it to your coworkers. Text, orkut, or call your friends.



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  • chanduv23
    09-14 10:59 AM
    Opening threads and then burying them deep like any other thread does not help us.

    Thousands of threads were opened like this and everyday we see new threads.

    I strongly recommend
    (1) Update your profile with true information
    (2) Pledge with honesty
    (3) Join a state chapter and make yourself visible and available to IV.

    We can go from there

    There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on

    I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.

    Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff




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  • willwin
    07-28 11:33 AM
    1) You are "a highly educated (for those that care) Executive that went to Top Private Universities in the US"
    2) You built a billion dollar corporation
    3) You are threatening to have all EB2 applications audited if your point of view is not accepted by someone

    You need help. Go see a shrink.

    I dont think he 'threatened' EB2. He challenged. But if you were frightened, it is not his problem. who should go where?!



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  • logiclife
    10-08 02:52 PM
    What is wrong if people want USCIS to process EB based I485 strictly on PD as per the law. You may claim that is what they are doing, but it is not true all of us know that. This whole thing is working like the GC lottery with more complexity.
    I would say IV should make PD based processing as the top most priority in their agenda. This is the simplest thing that can be acheived. Asking USCIS to follow the rules is not as complex as lobbying for ending GC backlog.
    People coming up with points of legal stay and other things are just frustated with the system, they want something which is more predictable in the current process not just eliminating GC backlog due to visa numbers.
    Asking people to attend state chapters and asking people to contribute is ok, but trying to shutdown peoples thoughts just because they are not the same as someone elses in not right

    Firstly, no one can shut down thoughts. They are inside your head. What I am saying is that match your thoughts with your actions, not just expression of thoughts. If you want to express your ideas and thoughts, do it in a way that its heard by people that matter. Your ideas and thoughts heard by other people like you is meaningless. If you can match ACTIONS to propogate your thoughts, by hauling your ass to Washington DC, spending some $$ out of pocket on travel to DC and meeting with a few of the 535 offices, then it matters. Otherwise your idea is not worth 2 cents sitting on forums read by people who are not legislators.

    Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).

    Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".

    These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.

    When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.

    So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.

    Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.

    So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.




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  • lazycis
    10-11 03:16 PM
    What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.

    The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.

    I did use AC21. The law says (see 8 USC 1154(j)):

    "A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."

    So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).

    Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.



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  • vbkris77
    05-04 08:09 PM
    OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.

    Below is the link

    http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782



    TITLE 22 - FOREIGN RELATIONS

    CHAPTER I - DEPARTMENT OF STATE

    SUBCHAPTER E - VISAS

    PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

    subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS

    42.32 - Employment - based preference 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 indicated below.

    (a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.




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  • ski_dude12
    08-25 07:42 PM
    Not my case. It is being actively being processed. That was the reply I got to the SR I opened.

    What about ur case? Is that assigned to an officer as well?



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  • mirage
    03-10 12:54 PM
    I will request you 'Not to turn this into a EB-3/Eb-2' fight, as everybody is suffering, we are on this forum itself means all of have an issue...It's just that for some people it could be a wait for another 3-4 years but for others it could be a wait for 20 years....if Congress doesn't make any change to the existing laws...But what people are fearing in this climate if we go and tell the congress that we are in a 20 year wait, instead of doing any good they can harm us more. Now, how much you want to take that risk is the question. In my opinion I don't see that kind of risk, with the kind of things we are asking, but some people see that risk, it's their way of thinking...

    Lets not listen to negative people here and instead come up with a plan. Nothing will change unless we act upon it. I have seen these negative comments every time somebody come up with a plan for EB3-I. Unfortunately most of these negative comments are coming from EB2-I people.

    Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.

    Thanks.




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  • vkrishn
    08-20 01:20 PM
    There are many who are in the same boat where cases are in transit or with an officer for quite some time. I wished USCIS processes the case in order of PD rather than in a random fashion. Also they need to do it at TSC and NSC.



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  • rk07
    09-21 11:35 AM
    I am in the same boat...with approved 140 from TSC.
    So I believe my case might have been transferred to TSC.


    Ashish,

    When exactly you filed and what center?

    Thanks,
    -rk.




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  • hiUS
    09-17 12:49 PM
    Call USCIS and enquire about your card and also verify if your address in their system is correct. Also, get an appt with local USCIS office. All the best!!!

    Called USCIS couple of times but I did not get the right response till now. They used to end the call abruptly.

    But just now I called again, she told that they need to upload the Biometrics from CSC and she will do that. She told that I will get the card in 30 days...may be the regular time which they mention.

    And she told not to take any Infopass appoitment and just to wait for 30 days.




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  • h1bmajdoor
    09-30 12:59 PM
    I have recently been talking to members who have already filed I485 and have used AC21 to change jobs. I noted some limitations people face while changing jobs, getting higher salaries, making use of AC21 for changing more than 1 job.. etc etc.

    It seems there is lack of information on this subject. Let us use this thread to

    - share expeiences
    - List issues you have all faced so that IV can have this information while working on advocay efforts.
    - Make others aware of your problems and do's and don'ts in the community.
    - Interpretation of various lawyers on this and how they have helped you solve your difficult situations.


    Hope this information will help everyone

    AFAIK there is no "more than 1 job change" regulation. You can change as many times as you want.

    There is no need to inform INS. If you wish to be _extra_ safe you may, but be aware that "any information you provide will be used against you". Don't try to be more patriotic than the king.

    As far a salary goes, AFAIK you have to make as much as the LC requires you to.

    The job description has to be "similar". I guess that means if you were writing C++, you can't start driving a truck.




    gcforevr
    07-09 03:46 PM
    here's a writeup for reporters.

    "One the Eve of July 4th, US Rejects Permanent Residency Applications of Law-Abiding, Tax-Paying, High-Skilled Legal Immigrants Including Doctors, Scientists and Engineers"

    Justice, freedom, equal opportunity and meritocracy are the pillars on which modern America is built upon. This country has opened its doors with a warm smile and a big heart for every hard working, highly-skilled legal immigrant who has one common thing more than anything else with every American � the American dream. Andy Grove of Intel, Sergey Brin of Google, Vinodh Khosla of Sun Microsystems are excellent examples of people who migrated to the US for higher education and then went on to found billion-dollar companies that employs thousands of Americans.

    Everyday pressures at work, paying for mortgage, taking care of children are challenges that every working American goes through. But little is known about the silent pain and anxiety of high-skilled, tax-paying, law-abiding doctors, engineers and scientists who have to constantly keep track of their position in the "queue" to obtain their permanent residency status, more commonly the 'green card', as a first step towards calling America their home. Sometimes, the wait in the line can last as long as ten years. The wait comes with several restrictions like being bound to the particular job position with the sponsoring employer for as many years, foregoing promotions and inability to change jobs at will � work conditions unimaginable for an average American employee.

    Sometimes the position in the long queue moves forward, when even a small movement causing immense joy and anticipation among the employees while sometimes the position moves backwards causing the employee to endure further pain. Historically the US government has opened the doors for the final stage of the green card application (where the applicant can adjust or change their status from any current non-immigrant status to a permanent resident status) every 3 years or so for a small window of time that typically lasts 30 -60 days. On June 13 th 2007 when the US government announced that July 2nd 2007 was the beginning of the one such window of time, the news sent thousands of prospective applicants into a tizzy mixed with relief, anticipation and joy. Many spent thousands of dollars in preparing required documentation, lawyer fee and canceling travel arrangements, to get their applications in on the first day itself.

    Alas! With a hitherto unprecedented action, on the morning of July 2nd 2007, the same US government agency, with a terse and nondescript press release went back on its promise and slammed its door shut for any green card application. This action is clearly condemnable, unacceptable and unfair to thousands of high-skilled employees who contribute positively towards strengthening the US economy. Many feel wounded at the inhumane treatment in the hands of US immigration department and are contemplating migrating back to their homeland or to more immigrant friendly countries. However, a strong majority still trusts the US government to implement meaningful reforms specifically targeting legal immigrants while they continue to endure untold sufferings.




    icedgin
    02-04 11:31 PM
    A relative has invited me to be an immigrant to Manitoba. But currently we are derivative beneficiaries of my wife's EB3 visa and she is already in the US for 1 1/2 years as a lawful permanent resident.

    I would like to ask what would be the effect on our US PR visa application and to my wife's green card status if I apply for a permanent residency in Canada?
    Thank you.



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