Wednesday, June 29, 2011

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  • nixstor
    07-07 10:51 PM
    My vote goes for DC on 7/14. Many people like me might have already used their time off recently to get a medical exam and paperwork for I-485. I live in Baltimore area and simply cannot make it to DC on a weekday. If I lose my job I won't get a green card - as simple as that.

    If there are others in Baltimore area who would like to join the action please don't hesitate to contact me. We could car pool and get together to make signs. I'll also try to gather some friends, although it might be tough on a short notice - almost everyone is on vacation.

    I dont need to tell you how DC looks like on a weekend. None but visitors. Your boss must be really cruel to let you go for ever if you need to take half day off. Just joking :) Go ahead and create a poll with all possible options and then you can figure out what is the best option




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  • dontcareanymore
    07-28 01:37 AM
    Sorry if I am dashing the hopes of some and sound too pessimistic , but I think I have the right to be one , and this is what I feel where we are headed:

    1) Historically EB2 and Eb1 has the advantage over EB3. You may argue on the merits but it is the fact. It may be news for the folks who got in to the queue recently , but that is generally a trend except recent past. So there is no use in getting mad that EB2 are GC before EB3. But at the same time I don't accept arguments from some EB2s that EB2s are smarter than EB3 and have the right to get GC at least 6 years ahead of EB3. Like every thing else in this unfair process , you are at the right place at the right time and you get it. Be happy for that. If you can't understand the frustration of some Eb3s, the minimum you could do is not show off. If some one has been around for a while and seen this process they would not be either surprised or jealous about EB2's current status.

    2) It is sad to see this infighting. We are in a GC quagmire and there are no better solutions and most people are really frustrated and you can see that in the discussions. I see that the interest from active people in waning and probably justifiably so. You can see a pattern of decreasing interest from the peek (Jul last ear) . Most people are happy with EAD and Ac21 and some of the active folks got their GCs. Some of the most vocal, visible people on the forum has changed their tune soon after the last bulletin , just because their PD is current. It changes from "we all are in this together" to "You are on your own". Good luck to people in the queue to convince your brothers to be with you , if and when you walk the streets of DC :) :). They are at the doorsteps of being PR and are in a different group. If some of the posts are any indication, They think they are entitled to look down on you.

    3) There was a post a while ago asking whether the core group is wasting their time. Most of the time I agree. Most of us here are just for our selfish sake , despite what most preach about cause , justice , fairness , principles etc. Some to go the extent of comparing this with great fights in their home country. It is far from it. Just one air GYGC.

    4) we started loosing the unity the moment we forgot our main objective. "All immigrants are in this together" and this is not country specific. Instead of fighting together with others to capture lost visa numbers and exempt family members from the quota , we tried to snatch some numbers from our friends (ROW).(Not that I believe we could get the visa recapture this year) Now we are further divided between EB2I and EB3I with the same argument. I can give you another example of selfishness. Now that these guys have EAD and AP, they don't want concurrent filing , don't want premium processing for 140. Don't want any one else interfile with EB2. Just process my application without an interruption :):). I don't care if others done even get their H1 extended or get EAD. Where we are headed with this approach ?

    What do we have in store :

    Just hope the stars align for you and one day you will get yours. It will happen even if it takes 10 years. Live with it because you chose it.

    Don't loose sleep over some one else getting GC ahead of you. Try to live your life.

    Do what ever you can to better the situation. It depends on what you believe.

    If you have 10 people with you in the struggle , don't count on them to be with you tomorrow.

    if you are pissed off about some thing, went it by non-violent method. feels good. Blog , watch a comedy movie or do some thing that relaxes you.

    Don't be surprised if your hopes are dashed.

    At the end of the day getting GC is not indicative of your education, experience,capacity , knowledge , wisdom , usefulness to this country or the other way round. "GC is just what you have, not what you are ".

    I must have ruffled some feathers. If your feathers are ruffled , please see my handle. :):)




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  • eb3_nepa
    06-20 10:35 AM
    A question about CIR. Currently isin't it more beneficial for anti-immigrants to just ensure that absolutely NOTHING is done to CIR? That way the Senate version of CIR never sees the light of day, but since it doesnt die either, no other legislation can come into place.

    I guess my question is, how & when exactly does CIR "die"/get phased out of the picture so that other legislations may be considered?




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  • Gravitation
    04-22 11:51 AM
    Non-compete are notoriously hard to implement. Most of the courts don't want to prevent people from earning a livelihood. When Microsoft sued its ex-employee who joined Google, it was a rare exception when any company even bothered to sue for a non-compete.

    The reason your employer is not willing to give you a copy of what you signed is that they fear you'll take it to an attorney and she/he will tell you it means nothing. Anyhow, non-compete is the last thing you need to worry about.

    If they illegally withheld your pay for GC expenses, you can make things difficult for them. But in that case you should hire and attorney and she/he should write them a letter and ask for your money back. If you beg them for your money, they'll just laugh at you.

    If it's possible in any way, part with good vibes, though that doesn't seem likely here. Good relationships are always worth the efforts, even with crooked ex-employers.



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  • josecuervo
    08-20 07:16 AM
    Is I-485 approval notice on I-797 or will it be just like EAD mailer with GC cards attached to it.
    I am still waiting for the GC cards




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  • smisachu
    07-05 10:19 AM
    Hi Guys, I will send the flowers. This way we will get media attention.

    Can someone post this in other forums too. Like Rajiv Khanna's www.immigration.com and other threads that we EBs' visit.

    The more flowers they get the better.



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  • vbkris77
    05-01 03:41 PM
    Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.

    There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).

    But my friend, CIS has a very very thick skin... So the only language they understand is suit.




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  • anda007
    07-04 03:21 AM
    I have sent my flowers to Emilio Sanchez. Here is my reciept of the same

    Regards
    Anand Sharma

    Order # FNL1783677

    Deliver on: Tuesday
    Jul. 10, 2007
    Delivery by: FedEx�, DHL� or UPS�
    Deliver to: Emilio Sanchez
    Business
    US Citizen and Immigration Service
    20 Massachusetts Avenue,
    NW
    Washington, DC 20529
    US
    2023071565
    Occasion: Get Well
    Gift Message and Signature: Dear Mr. Sanchez Thanks for giving us hope for few hours on July 1st and taking it away. We enjoyed the ride and the pain. Hope USCIS recovers from its insanity soon. Hope you Get well soon Regards A Legal Immigrant


    Sweetheart Mixed Rose Bouquet
    - F488 $ 24.99
    Service Charges $ 13.99
    Taxes $ 0.00

    Subtotal $ 38.98



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  • Legal
    07-27 11:39 AM
    Its unfortunate that you ask us to UNITE and use 'EB2 elitist protectionism' in the same breath. I am not even going down the road of EB3 'smarter' than EB2 because a reverse argument is equally valid if not more. The law as stated above is what it is - there is a clear categorizaton established by law. If there is a level of frustration with it then a campaign to change it makes sense. However any proposed changes that arbitrarily assigns visa numbers just because 'my HR filed it the way it got filed' then you need to check with your HR and port over to EB2 - if you think your private US degree qualifies you for it. The position determines EB2 or EB3 and I'll leave it at that.

    I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
    I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.


    and accurate.




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  • eb3_nepa
    07-05 05:40 PM
    I am telling you guys, send the major News channels a Big Stinking Dead Fish with the message "Something's FISHY at the USCIS and it STINKS for Legal Immigrants".



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  • mhb
    07-06 07:50 PM
    Our law firm (Fragomen) actually sent someone directly to Nebraska on Sunday evening to file the docs at the USCIS office there...They filed Monday early AM.
    TSC reached 07/02 @ 10.23pm signed by L. Amrstrong




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  • makemygc
    08-01 12:25 PM
    Dear all,

    I was wondering if any one on this forum has filed his/her AOS with NSC and their case will be transferred to TSC (due to I140 approved from TSC) and has got the filing receipts yet?

    My application (based on lawyer's email) should have reached NSC on July 2nd, but haven't got the checks cashed yet or got the receipts yet...

    I was wondering that my case will most likely be transferred to TSC from NSC. I am thinking lot of guys are in same situation as me, but have you guys received any receipt yet?

    Thanks and good luck!

    yes several people are in this situation (including me) but haven't seen any checks cashed for any such case.



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  • GCStatus
    09-17 02:23 PM
    *********************

    I know the truth hurts but just because it is the truth does not mean it is rude or ignorant. Be realistic!

    Cant talk logic to you buddy. No time right now. Have fun.




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  • desi3933
    06-28 09:59 AM
    No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).

    What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.


    BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.

    Read I-9 form. Employee must have work authorization before he/she can start work.

    Read more here
    Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)


    My turn to ask you a proof.
    Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?

    I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.

    Regarding the hiring part,
    first read here about H-1 visa
    H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)

    The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.

    Now, read more about H-1B LCA here
    http://www.lca.doleta.gov/h1bcl_nw.pdf

    Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.

    On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.

    More about LCA here
    http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf


    Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.

    Hopefully, you will trust lawyer more than me.

    Have a good day!



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  • ilwaiting
    05-04 04:38 PM
    No pun intended here. But I was a fresher too at some point of time in my life!!!. Didn't mean to offended anyone. Anyway, I think this is a pointless discussion. Congress is going to do what they want to do. I just wanted to putforth my thoughts in my previous message.

    Also, I would think I would benefit from any law they pass pertaining to EB.



    I just dont understand the logic that If these "kids" get off the queue how will I get it. If the kids get out in a year i may have to wait another 2+ years to get a GC. I really dont see how having US degree in their hands helps. Let me take my example I was hired 3 years after college directly from my country from an multi-billion dollar market cap company from here. I quit that in 3 years and joined some other company that is a different thing.
    And as far as studying here that is your problem if you want to spend money and study. As far as being helpful to US I have paid a lot more in terms of Taxes and other things than someone who has 3 years and mostly studied here on assitantships. And also being a hiring manager for the company have hired may US citizens as well.
    Im not trying to create a division here. All I'm trying to say is that everyone needs to be helped not just only with Masters degrees.




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  • walking_dude
    10-08 02:42 PM
    Have you been hit on the head by a hammer? I see a future Ron Hira in you.

    GC was, is and will be a game of Inky-Pinky-Ponky with or without retrogression. There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.


    ..... I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky.....



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  • bkarnik
    05-02 09:03 PM
    If the CIR seems likely to pass, I believe Sen. Cornyn will push for this bill to be added to the CIR as an amendment, much similar to what Sen. Durbin did with the DREAM bill. Amongst the bills I have seen, this bill is the best one so far. Agreed it does not address all that we want....but compared to where we are, this bill will achieve a lot for us. Especially, if the AOS clause passes, it pretty much means that you can file I-485 i.e. it means that you and your dependents become eligible for EAD and all the benefits associated with it. :)




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  • franklin
    06-08 05:12 PM
    How are you guys seeing these check images? Did you pay for this out of your own pocket?

    I'm assuming your assumption is correct :)

    There is no way for me to see check images for this, since my company paid




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  • nozerd
    05-03 05:22 PM
    Cornyn bill as I read it is better than the other bills for US Masters holders in non STEM area ex someone like myself with an MBA.

    As far as I read it basically it says to be quota exempt you should

    1) Have Masters or higher from US Univ.

    2) Have Masters in STEM and 3 yrs exp. (even if Masters is from outside US).

    So based on this logic even if someone has MA in English from US Univ they will be quota exempt, correct ???


    The �SKIL� Bill
    Short Title: Securing Knowledge Innovation and Leadership (SKIL)

    Title I � Access to High Skilled Foreign Workers

    Section 101. H-1B Visa Holders
    Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.


    Section 102. Market-Based Visa Limits
    Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.

    Title II � Retaining Foreign Workers Educated in the United States

    Section 201. United States Educated Immigrants.
    Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.

    Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.

    Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.

    Section 202. Immigrant Visa Backlog Reduction.
    Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.

    Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.

    Section 203. Student Visa Reform.
    Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.

    Section 204. L-1 Visa Holders Subject to Visa Backlog.
    Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.

    Section 205. Retaining Workers Subject to Green Card Backlog.
    Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.

    Title III � Business Facilitation Through Immigration Reform

    Section 301. Streamlining the Adjudication Process for Established Employers.
    Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.

    Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
    Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.

    Section 303. Eliminating Procedural Delays in Labor Certification Process.
    Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.

    Title IV. Miscellaneous

    Section 401. Completion of Background and Security Checks.
    Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.

    Section 402. Visa Revalidation.
    Allows temporary workers who have not violated their status to renew their visa from within the United States.

    Section 403. Severability.
    Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.




    heathere3
    09-04 10:05 AM
    I received my receipts from the lawyer this morning. July 2nd applicaiton to NSC, transfered to TSC, labour approved TSC in Aug 2006.
    Heather
    EB-3 ROW
    PD: Aug 2006
    RD: July 2, 2007
    ND: Aug. 24, 2007
    EAD: ??
    AP ??




    sam2006
    07-19 06:58 PM
    count me in also ....



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