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  • pappu
    08-07 03:52 PM
    First let me state that I need people like you to proceed and hence I will be happy to answer the points you rasied to the best of my ability:

    We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
    So some people (and I know around 10 of them) what they are doing is the following:
    They got the chance to file their 485 last July , which is pending. They are now contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...

    This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair to the people already in Eb2 line as well as the ones who do not know how to game the system

    By the way: If any one is interested, I know of three such consulting firms that can do for you for a fee.

    First: I appreciate that you have not lost your cool yet despite all the opposition and rude posts against you. Rollingflood on the other hand does not share those qualities with you well. We will not close the thread as long as the discussion remains civil.

    While I personally do not support the lawsuit idea because it divides the community in two parts and there are better ways to help the community. You can try to help positively for the greater good for everyone or run a negative campaign that will help some but hurt others who are also like you and are genuinely following the law. I also think it will be expensive and may not have a lifeline. As IV members we need to all work together to fix the system. This was the basis of founding IV. The aim was never to look after our own selfish interests and hurt others who are like us. We never discriminated between different EB categories or country of chargeability. The intent of our fight is not to deny others their greencards and get ours first, but to allow everyone get their greencards. The intent is to have the system be efficient and work the way it was intended. IV core team has never made action items or ask lists in campaigns to suit their own selfish needs.

    Now in this post you have raised a serious issue. If a fraud is going on, do collect evidence and file a complaint against it. If consulting companies are making money by gaming the system, drag those companies in your complaint. Help punish such people who are gaming the system. IV community will appreciate that.

    There is some wisdom needed here to draw a line between selfishness and working with honest intentions to clean up the system.





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  • kaisersose
    03-25 05:16 PM
    About three years back I was in India working for a major US silicon company. They have a policy that an employee can seek other jobs inside the company after 18 months in the currrent position.

    Per this policy some employees from the India division were filling in US positions through L visas which bothered some of the top guys who quickly clamped this down.

    They said US positions cannot be filled by Chinese, Indians and Israelies as this would open a floodgate as every employee in these countries will queue up to relocate to the US. Other countries were fine. But the problem was such a restriction is against the standard US policy of "no discrimination b nationality....". So they solved the problem by not writing down this ban. It was orally communicated to hiring managers and when they saw resumes from India employees, they would just delete them.

    So everyone knows about this ban, but it is not written down anywhere. On paper, the company continues to be open and does not discriminate hiring based on nationality.





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  • imh1b
    10-25 04:11 PM
    IV should send a letter to Vonage CEO asking to put pressure on Obama and Senators to approve GCs quickly. We have been very good customers of Vonage.

    What a stupid idea.

    Why don't you write a letter to the CEO and threaten to cancel your vonage subscription if the CEO does not help you get a green card.

    Let us see if you choose to do it and lose your $10-15 dollars of savings every month via Vonage in the interest of gaining your greencard!!!





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  • HV000
    08-04 07:53 PM
    FBI NAME CHECK banners (see below) should be displayed during the september rally to illustrate the painful delay in the NAME CHECK process.

    DELAY IN SECURITY CHECK UNDERMINES THE GOAL OF NATION'S SECURITY!!

    PREVENTION IS BETTER THAN CURE!!!

    LONGER THE DELAY GREATER THE RISK!!

    Media and Congress WILL PAY to this issue!



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  • soni7007
    08-07 12:54 PM
    U are saying - The person's GC category should be same all through out the GC process, irrespective of the technical advancements the person make during the course of the GC process. A person is porting only because he is qualified for the category, U folks are talking as if there is an open slot and everyone is clamoring for it.

    U'r logic should be similar to the below scenario..

    A person joins a company as a Jr. Engineer, then based on U'r logic he/she cannot become a Manager (which requires an MBA / equivalent) because he entered the workforce as a Jr. Engg. Even though the fellow would've acquired necessary skills and even MBA (going part-time to school), still he/she cannot become a Manager. U are vouching that an MBA who joined few months earlier can become the Manager but not the home groomed fellow. Wow, U'r logic seems to a ground breaking thought process, please extrapolate U'r lawsuit for the case mentioned above. If you win, this might be the most ground breaking decision in US.

    Personally I've reported to folks who joined company as high-school grads and worked their way up to Managerial position ofcoz acquiring the necessary college education while working. They have shown up those experience to move ahead of other folks who joined later with higher degrees.

    sunnysurya and rollingflood,
    Rather than focusing on divisive efforts why can't you focus on real problem - retrogression. Why don't you work towards IV's goals? You folks joined the forum few months back and have already made great impact. Hope you would channel U'r energy into something positive for the entire community.

    Ok, i will try to make it as simple as possible:

    2 guys (names - JE and MBA respectively) graduate with BS in Engineering in 2001.
    Both go to USA in 2002.
    JE goes on H1B (as Junior Engineer) while MBA goes for an MBA on F1.

    In 2003, JEs company files for his GC, PD 2003, EB3
    In 2004, MBA graduates and joins a company as a manager.
    In 2005, MBA's company applies for his GC in EB2, PD 2005.

    So far so good.

    Now, it is 2008. Both are still waiting for their GC.

    Ideally, both are in same position (they should be, as both have same amount of exposure to professional world after undergrad - one replaced the work experience by higher degree and vice-versa).

    Now, JE wants to port his PD and get into EB2 category with PD 2003. This will make him exactly 2 years ahead of MBA. If he doesn't port, they are approximately in the same situation, so the chances of them getting a GC in 2009 will be same.

    What do you think is fair?

    P.S. - I do not support this lawsuit.





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  • royus77
    07-09 10:23 PM
    For your information

    Smitha
    EB2 India
    PD-2005-May
    I140 approved-Sept 2006

    I have MS in EE from US and working since 2001,filed my GC in 2005 May(PERM).

    However can you please tell me anyone who got GC in Eb2/Eb3(India) in 1-2 yr in the last 15 yrs?
    Exactly that is now 2006-2007 PD guys are expecting to happen a miracle, right? I mean, apply 485,EAD ASAP.

    If you guys really care about 2002-2003-2004 guys, then please please wait for OCT 07 bulletin and after that you can do anything you want. If they will retrogress the dates, then please fight but not before that.

    This is just a suggestion. If you like follow it, otherwise ignore.

    filing 485 doesnt mean they will give GC in the next few days .....Do you think how many people left from 2002 ...( the number of labors doesnt equal to the number of Genuine applicants ...most of those labors are hanging because desi employs want to sell them ) ...



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  • desi3933
    06-18 01:05 PM
    .....It's a pretty nuanced position. I hope I have been able to explain it properly.

    Thanks for putting your point of view. No more discussion from my side.

    Good Luck for your green card.

    .





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  • nomad
    07-25 06:48 PM
    Cool video. Good to see acknowlegement of flower campaign as a reason for USCIS decision.
    Who is the guy in the video being interviewed - is he USCIS official?
    Yes, he is a USCIS spokesperson. His name is Bill Wright.

    From http://blogs.ilw.com/gregsiskind/2007/07/index.html, search voice of america there.



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  • anjans
    09-20 08:00 PM
    July 2nd





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  • jainGC
    09-10 01:04 AM
    Hi All,

    Its been astonishing journey, came to US in 2000 June, saw downfall of .coms followed by Housing bubble burst, than 911 , than Economical challenges, Job losses, etc.... the irony list are/were endless. Hope of GC was next to impossible.

    Following were the steps to miracle :

    - Filed Labor in 2005 Dec, got denied due to lawyers mistake:mad:
    - Refiled the same application and Got approved in March 2006:D
    - Applied I-140, paid extra for premium but it took more than 4 months to approve.:mad:
    - Fight with employer, left company overnite, guess when ?(2 weeks before July Fiasco :mad:)
    - Refilled labor in Jan 2008, Got approved in March 2008
    - RFE on previously approved I-140
    - Convinced lawyers to file application for I-140 , requesting PD recapturing.
    - Got I-140 Approval in Aug 2008
    - Filed I-485 in Aug 2008
    - FP in Oct 2008
    - RFE in Aug 2009

    - Contacted Congressman, it was helpful as got to know the exact situation.
    - Took infopass 2 times
    - Not sure if this helped or not but called 1-800 number and spoke with level 2 officer and she hinted that I may not have to wait that long ?

    - Approval in Sep 2010

    Thanks to IV, it was immensely helpful.



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  • bazuka6
    03-09 11:00 PM
    5 years in US legally and paid taxes: get a Greencard.
    10 years ,,,..,, Citizenship.

    I do not get a benefit in this directy, but the queue will be reduced

    Lets go for it .. LETS DO SOMETHING... what are we waiting for...???????

    Make sure you preserve your Social Security statement and IRS tax transcript. If you have a house - the HUD statement

    Then meet meet with your senator and make the case. 10 years legally in the US - no longer want to be treated like an alien

    IV must include this in campaign





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  • ss777
    09-12 11:15 AM
    There is popular agreement among the folks that filing multiple I-485 is fine (if one sees a need) but file only one set of EAD/AP. My concern here is relating to which I-485 to choose for filing EAD/AP. Wisdom says choose the one with I-140 that is approved or whichever has greater possibility of approval. Say, I have both I-140's Pending and file EAD/AP with one of them. In case this 140 gets denied what is the fate of EAD/AP that is Approved. Will these become obsolete even if the status of applicant is AoS as a result of other 485?

    If the second 140(**) gets Approved before the 140(*) on which EAD/AP is currently filed/Approved, can I renew/Start filing EAD/AP on the approved 140(**)

    Can you please share your thoughts



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  • bkn96
    11-19 04:58 PM
    Applying MTR is very expensive, anyone know any good lawyer around NJ?





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  • chanduv23
    11-17 02:20 PM
    I don't have H1 backup and already in 8th year. I am on self employment, But my lawyer suggested to apply H1extension (through my company) as a backup if MTR denied. If MTR are successful they I don't have to go on through H1 hassle again..

    The glitch is - once you have started using EAD and you apply for h1 - you have to get it stamped before you can use it ie your h1 approval comes without a i 94 extension - the costs towards going out - getting visa appointment , stamping etc.... are to be considered, and remember stamping in Canada and Mexico is not easy these days.



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  • chanduv23
    03-26 06:26 AM
    I am not aware of anything that says that you need to bring this up initially in your job search. I personally wouldn't put it in my CV.
    Apply for a job, as you would if you had a green card (keeping within the AC21 parameters.) If the question of visa sponsorship comes up then you can say you do not need it. I am not sure why people bring this up with their prospective employers. If you have employment authorisation, you have it, it is not employer specific, it is not site specific, it is quite broad in its scope. The employer
    has to complete the I-9 like for anyone else. Any issues would be with the USCIS at the time of adjudication and that would be if AC21 rules are broken.

    I think that sometimes we project our own fears onto employers and make issues when none exist. I've seen the same sort of doubts expressed about AP travel.
    Folks need to grow more confident generally. For many their immigrant petitions 140s have been approved and their 485s have been pending for quite a while. They give you these interim benefits for a reason, so you can use them!

    Not sure if you are in the IT field, but a reqruiter/HR is the first interfacing person. No matter what, these are the first questions you can expect when a reqruiter calls you.

    dice.com, monster.com etc... wants you to select from a dropdown what your status is and in most cases, employers/reqruiters filter reesumes based on that criteria.





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  • beppenyc
    02-02 04:39 PM
    Any comment? It is a very interesting article, it look like an advice from the WSJ to the repubblican party : do not get dirty with the Immigration, becasue US citizens does not cares. I agree with that. The unemployment rate is very low, and the Agricolture business is based with the immigration labor, the same with trucking, storage and do not talk about resturant and cleaning business.



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  • Wendyzhu77
    08-21 04:00 PM
    Regarding law suit, somebody in the previous messages made a very good point: when there is a lawsuit, that's because the lawyers can get something from it. Think last july, why are lawyers so quick to (threat to launch) lawsuit: because they have already put in half month of hard work and overtime pay (yeah, a lot of money to staff) for processing those cases, and uscis flip-flop invalidates their efforts and wasted their money, no wonder they were furious and quick to action, and that forced uscis to change decision. Now, what can they get from fighting the law suit? They havn't lost anything. And , in fact, faster processing of 485 is NOT good for lawyers: they miss money from filing ead/ap, and they miss money from multiple 140/485 filings (who would file multiple 140/485 if your case can be approved in less than one year?). Therefore, I seriously doubt if any lawyer will have the motivation to file law-suit, and especailly the basis for the suit is not solid.
    I saw that Ron told one "so depressed" in his Forum..that we can launch a law suit..against this new interpretation..however..I dont know its worth the time and effort..although uscis learns only by law suits..

    Lets see next months Visa allocation for the new year and see where it starts from..I am hoping from Mid of 03..lets see..besides..only quick solution so far is the Visa capture ..dont know where it stands...


    we got 20 more days to influence people about EB-3 numbers..what is the most effective thing to do collectively before he new Visa bull comes out..

    Any idea Pappu..??.





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  • alterego
    10-01 09:14 PM
    Congrats to those of you getting approvals.

    It is all very random. The archiving system at the USCIS is designed by a bunch of retards.
    The case files apparently go in batches to adjudicating officers and each officer than asks for more when he/she can. Lord knows what crazy method they use. With recent criticisms they have gotten even more rigid in their idioticity. They now do not pull a file out of its queue, even if they know they are screwing up.

    They are quite simply unaccountable and do as they please. I completely empathize with Americans who do not want their health care delivered by such individuals. They fail to understand that they represent the US gov't. Speaking to some of them you see a sense of arrogance. Many of them do feel they are being charitable towards you upon approving a case.

    Interestingly even congressional inquiries are getting stall messages nowadays. Perhaps it will take more of that to make congressmen aware of what we have to deal with yearly.





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  • vaishnavilakshmi
    11-07 09:37 PM
    Hi,

    Iam 2nd july concurrent filer.When i called uscis to check for name check status,the customer service lady replied,"Currently we r processing dec 2006 cases .we dont do the security check etc for ur case now until we deal with earlier cases..please check back later.".

    Is this the answer u get when u call for name check status?Any july 2nd filer,can u post ur experience here???

    thanks,
    eb3,india,2nd july 2007 concurrent filer(Nebraska),
    EAD/AP approved Oct 2007
    I-140/485-??Pending





    ram_ram
    01-03 12:24 PM
    That is good news.
    Thanks for all your efforts..SunJoshi.
    Guys,

    I got a letter from Cong Tom Price (Rep- GA) saying that the immigration clauses in the Budget Reconciliation Bill did not make it. But he will try to push for those clauses in the immigration bills in 2006.

    I got the same message from his DC staff, when I called to follow-up.

    SJ

    Edited by admin. No personal names please. Only screen names.





    buaya00
    09-11 04:51 PM
    Looks like the HR has adjourned till Sep 22 without HR5882 being discussed. Are they putting it off for later this year or next?

    Just noticed they updated the next session date to 15 sep and not 22 Sep.