Saturday, June 11, 2011

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  • santb1975
    11-18 11:41 PM
    Please Contribute

    http://immigrationvoice.org/forum/showthread.php?t=15493

    Today there are threads filled with tons of ideas and not even 500 dollars in total contributions that we asked yesterday. Now please decide how we can bring a major change and get greencards for everyone in less than 500 dollars.




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  • grupak
    02-26 10:05 AM
    Those 22,000 members, its a simple letter. Just grab a template and write it. IV has been working hard for us. A simple act of mailing that letter would help everyone here a lot.

    Just do it!




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  • amitjoey
    06-14 06:56 PM
    I am currently on H1 and plan to get married in India next month and file 485 for me and wife next month. She will be able to travel with me on H4. If she starts using EAD after getting it, does that invalidate my H1? I plan to continue with the same employer on H1.

    No it does not invalidate your H1. You can keep working on your H1.
    Disclamer: Specific situation might defer. Consult an attorney.




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  • nlssubbu
    10-01 12:18 PM
    No, it isn't NC and NC alone. The percentage of people that get stuck in NC is minuscule compared to the back log due to inefficiencies.

    You can believe what you like, you can chose to in 1 breath quote from the Ombudsman report and then in the next, ignore what it states.

    The fact remains, the USCIS is very far from effcient

    I totally agree that USCIS is inefficient in using all the visas allocated. DOS provides cut-off dates based on the projection given by USCIS. USCIS always on the defensive and provide the cut-off dates that results in such waste in EB visas every year. I do not think that they are ready to learn from their mistakes, otherwise how come this is a regular issue every year? Even a small relief like using the entire visa allocated will be better in such retrogression.

    I hope USCIS will be made liable for the mistakes done in their past and provide those unused visas back to EB.

    Thanks



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  • pdFeb09
    06-15 09:01 AM
    Guys,

    I am in EB2 ADP with PD Feb'09. No cheating there ! :)

    I understand that if a lot of EB3 guys, who have been waiting for years, start porting to EB2, they will end up in the queue before me :(. And with that knowledge, I will still support EB3-EB2 porting.

    EB3 guys, porting is your best option. I hear a lot of EB2 asking you to go get a new job where they are willing to
    a. Hire you with your H1B status,
    b. Agree to file your GC, and
    c. Agree to do it in EB2 category. (Think about the min wage they have to give and prove etc.)

    It is way easier said than done in the current economy. But if you find one, go for it. That is a way of respite for you folks. For others, try porting to EB2 with your current company.

    There have been cases where EB3 was filed when the candidate was eligible for EB2 and there have been cases other way round too. But talking about none of them helps your cause. Similarly, fighting amongst us doesn't help either. Don't get me wrong if I say that with EB2 movement, if EB2 becomes current by the end of next year, EB3 will start seeing a good benefit of spill overs. So with current laws, getting EB2 out of the way will actually help your cause

    Eliminating per country limit will help everyone. We should fight for that, EB3 and EB2 together.

    Seriously try for porting. I have been waiting just a year, and already know how many decisions get put on hold because of this process.

    My heart goes out to you !




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  • ksvreg
    06-15 01:59 PM
    Please provide good reasons to purse EB3 to EB2 thru another company. I am not getting enough motivation or strong points to port from EB3 to EB2. Please provide serious input. I will definetly purse new job for porting.

    Some of the reasons in my mind to go for EB2 thru new job:
    1. Immigration freedom (like financial freedom)
    2. All new and old eb2 filers are going to get green card before me. I am not jelous about them if I have filed my case recently. But my filing happend 7 years back. So, I should really think about it but not in terms of jealous.. it could be shame on my part...
    3. Immigration rules and regulation fluctuations..
    4. Early GC means, early citizenship. Chance to survive here in Federal, Navy, Army IT jobs with security clearnace if get citizenship early. Otherwise, govt. sector will also be saturated. My position is taken away just because of not gettting early GC.. Too much think ah!!

    Some of the reasons in my mind for not to go for EB2 thru new job:
    1. Unneccearily touching the immigration process one more time and is kind of risky when INS dig deep into and do micro auditing the old and new filings. Though my case is strong,, they some time create tensions... you know what I am talking about..
    2. I have EAD. Just like GC. So, what else make difference..
    3. After spending lot of years in North East winter weather, I moved to NC. Good place in terms of everything. If I start looking for job, not sure whether I get here or somewhere in cold.


    Unable to decide about porting. Please provide your serious input so that I get good motivation. I have MS and have excellent skills in J2EE/WebSphere world. Not able to buy home due this EB3/EB2 porting in my mind. Because location change may happen if I decided to go for porting and place change happens due to that. And also not sure whether I need to look for Desi employer or corporate. I am with corporate now.. decade.

    Thanks



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  • newuser
    07-11 11:23 PM
    You do not have to pay fees, if you had filed your I-485 with the new fees. If you 485 was filed based on July 07 VB or earlier, then you still have to pay fees. The July fiasco as we all know, there are a extension till Aug 17 to file I-485 with the old fees, these applicants still have to pay fees for AP renewal even if filed between Aug 1 through 17

    If you have filed your 485 based on the July '07 fiasco, then you still need to pay $305.




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  • uma001
    08-19 12:16 PM
    First thanks to those who put there first hand experience in this thread, it made me think again. And now I am deciding to cross the border and go north, after 9+ years in US on H1b.

    Could someone please refer a Do-it-yourself kit that they have used and/or immigration consultant?
    I contacted one consultant, they email almost every week and when I called/emailed them saying I am ready to pursue there has been no response from other side yet.

    It will be great help for me if you could refer a kit or a consultant.

    Looking forward to join H1->Canada community :D

    Thanks
    H1bslave

    H1bslave,

    Are uou IT manager or working in non IT field. If you are in IT and non manager then doors are closed for you to go to canada.



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  • seeniraj
    06-24 12:51 PM
    When i request the staffer that i want to talk to some one who handles immigration bills,she immediately asked whether its to support the bills HR5882, HR6039 and HR5921.She told me that they are getting lots of calls on this




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  • axp817
    01-14 04:42 PM
    Mohican,
    Good luck with the MTR, I hope your attorneys are able to file it ASAP, and your 485 gets reopened even faster.

    I switched employers about a year or so after my 485 had been filed (140 approved) and my employer has informed me that they are going to have to revoke my 140 soon.

    The attorneys at the new employer's filed AC21, G28, etc., but looking at everyone's experience, I too am expecting to get a denial or at best, a NOID/RFE once the 140 is revoked.

    I don't have answers to your questions unfortunately, but I would think that even if the 140 was used for someone else, you shouldn't need a new one, since you switched employers after 180 days of 140 approval, and for those 180 days the 140 was not revoked/reused. Of course, an attorney has to confirm this.

    Please do keep us posted on how things go, how long the MTR takes, etc.

    In the meantime, do you have to go on unpaid leave, because of your EAD becoming invalid or do you have backup status such as the H-1B?

    Thanks very much and good luck,



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  • nixstor
    03-20 11:10 PM
    Well, which interpretation? The one from April '08 or from November '05? They substantially differ. That's part of the controversy. What motivated them to change it?

    I do think that the interpretation is, at least, debatable, and I can see both interpretations. In the end, the question comes down to: does the country limit have priority over the EB category, and I don't think you can have a conclusive answer.



    But it also doesn't say the opposite.



    It also states: if Visas available. You can certainly construe the case that Visas can only be available if they cannot be assigned to a lower category. 202 (a) (5) (B) actually states that only in application of 202 (e), Visas should be deemed to be required. Does that mean they are not required otherwise? 203(b) actually uses the same terminology to allow non-required visas to fall through.

    Historically, before AC-21 was added, Visa numbers were wasted because they needed to be assigned in proportion. Irrespective of the interpretation of 202 (a) (5) this cannot happen with AC-21.

    Snips from Nov 05 Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html)

    The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.

    >> As per my understanding, When there are no per country limits, It can be assigned to any one with oldest PD. Not that it is working like that with USCIS. As I said, before in my previous post, we can imagine these visa numbers tagged with the category name beside them. <<

    During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.

    To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.

    >> Just to let you know before you think I am biased towards one thing or the other, I haven't looked at the text of the INA until a week before and for the past 2 years I have heard the same story that country limits trump category. I have spoken with an attorney and he expressed above similar opinion where we might not have noticed how numbers were overflowing and NOT overflowing to demand or lack of demand. Either way, This is not a panacea for the problem at hand as there is no clarity what so ever in either procedures. <<




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  • nogc_noproblem
    10-17 05:28 PM
    I am coming!



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  • GCNaseeb
    08-08 04:17 PM
    I think many of us go through these kind of tragedy. One of my friends got laid off last month and his employer did not give him the letter to file I-485. Now he is back to the line where he was way back in 2000. He has to start his whole immigration process all over again. This guy lost job twice just before he could adjust his status. He is in USA from over 10 years now and he holds nothing but a PD of 2002. There is nothing in US Immigration Law to protect folks like him. What a shame to the US Immigration system.

    This may happen to many of us, not only on the job front, anywhere down the line, untill we get our Green Card. For example, what if USCIS reject our application at the end moment, or else what if USCIS deny our I-485 for a reason beyond our control; there are tons of reasons, our life is shaky until we get our green cards.

    Would that be nice if we ask something to protect us just like AC 21? For several folks, even to get to the stage of AC21 is a big milestone. Is it not the time to ask congress to protect all H1-B holders who play by rules and who are here over 10 years, with something similar to AC21? When they can consider giving green cards for those undocumented who are here since only 2005, what we legals ask for; besides just play by the rules and stand in the line and leave everything at the mercy of the adjudicator?

    There should be some protection for those who come under these unforeseen clutches of law, besides fighting for mere retrogression.

    Quote:
    Originally Posted by eb3_nepa
    We need a more definitive goal and list of requests/demands dont we? Just ending retrogression is too broad and vague.

    Please help!!!!!!

    I just filed i-485. My pD is Jan 2004
    i-140 has been previoulsy approved. I was laid off but my original employer agreed to give me evl, but with the way the economy is going they are not doing well.
    I have another employer which I am working now with.
    How likely is to get an approval (or an rfe for paystubs?) before 180 days.
    I am eb3 row
    Thanks, I am very depressed it took too long I guess and the economy changed and now the whole future of my family is pending




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  • santb1975
    05-01 04:21 PM
    Did we reach 10K yet?



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  • needhelp!
    02-12 02:51 PM
    ~ 22803 more letters wanted ~




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  • senthil1
    07-18 09:57 PM
    Actually some of concern of EB3 is valid.But their explanation cannot convince DOS or USCIS. According to DOS/CIS EB1 has more skills than EB2 and EB2 has more skills than EB3. That is not true in many cases. EB1 most cases are genuine except some cases in multi national managers. A manager in CTS could file in EB1 but at the same time similar manager in Intel cannot file in EB1. But only very few are in numbers because of restrictions like working in other country branch etc. So people do not bother about EB1 being current always.

    Coming to EB2, the job requirement require Masters or 5 years experience. If the requirement is genuine then it is ok to give priority to EB2. But in reality(mainly consulting companies) the job requirement is decided mostly in Lawyers office or by candidate just because candidate has
    master degree or 5 years experience. Though CIS scrutinise the EB2 applications still rejection rate is less. And also many persons trying to use 3 year degree and 2 year Master and apply for Eb2 by adding PG diploma etc.
    So it appears that there is no difference in skills between EB2 and EB3. If CIS and companies follow strictly the law and good faith then number of candidates would have been less in EB2 and EB2 would have been current and remaining would have been transferred to EB3. But these reasons could not be given to DOS/CIS. According to DOS/CIS EB2 has more skills than EB3.
    Good post . And there is no basis for anyone to accuse IV of being anti EB3 or anti -anything immigration related . It's a truly fantastic organization .

    That said, EB3's concern are real and not based on Jealousy. Everyone should support recapture effort but I do not think that is the only solution.

    Challenging/airing concerns over DOS 's spill over distribution is a valid issue too. May not be as important as recapture issue but still important like 2 year EAD/AP,s etc.



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  • pappu
    02-11 10:01 AM
    Here is an update on Visa recapture from Aman:
    "I know some people ask for achievements of Immigration Voice and comment, sometimes ridicule, that Immigration Voice has not been able to get even one provision in last one year. There are many other organizations working on behalf of various groups. If no immigration provision has passed in more than last one year, does it mean that all those organizations are also ineffective? We all know that this is a world of instant gratification but please understand that there are groups who go to DC to get their issues addressed and they wait for 2, 3 -5 years before anybody would start listening to their issues. You see, just to explain using an analogy, Microsoft is working to get H-1b numbers increased long before Immigration Voice started. If Microsoft has not been able to get Congress to increase H-1B numbers, does it mean that Microsoft is no longer an effective corporation? Likewise, Immigration Voice has made significant progress but due to the political climate and statistical discussion about the undocumented, which of’course is different but an important issue, our provisions are clubbed in the comprehensive bill. If it would have been any other year when Congress was not considering the issue of undocumented or comprehensive immigration reform, advocacy effort of Immigration Voice would have definitely translated all our provisions into law six months back.

    If you want us to get Visa recapture as interim fix, allow me to share with you that as it stands today, it will not happen outside of Comprehensive bill. Infact as it stands right now, even H-1B increase will also not happen outside of comprehensive bill. Reason? Most of the groups and companies have stopped pushing for temporary relief because any kind of temporary relief or interim relief chips away support from CIR and the offices of Senate and House Leadership along with other proponents of CIR have made it clear that any immigration relief has to be a part of CIR and not outside of it. Other companies/coalitions have stopped pushing for temporary H-1B increase as they do not want to be in the bad books of committee chairmen and the leadership offices by trying to sneak temporary relief that divides the supporters of CIR. Leadership wants support for CIR and want all sides to wait for CIR. And not doing so and trying to get interim relief before CIR would put them in bad books of Senate and House leadership, which no one wants coz if CIR fails, then after CIR, these offices will not co-operate with any group that tried to take away support from CIR. So it would be counter-productive politically to do things that take away good stuff from CIR. Also, if you think that any effort in the final week could help in anyway, then let me to share with you that most provisions and their language are decided much in advance and last minute efforts almost never yield any result on the Hill."
    more update on what we are doing is here http://immigrationvoice.org/forum/showthread.php?t=3198&page=3




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  • GC_2004
    07-20 04:42 PM
    I completely agree with U. Let Us Fight.




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  • pbuckeye
    03-28 01:45 PM
    my friedn ask me go iv site i come site and see spillover give my family gc soon this consufion what happenning

    Hilarious! Talk about overplaying your hand.




    perm2gc
    12-01 07:15 PM
    Can we organize a hunger strike in front of CAPITOL HILL ,just for one day ?
    IV can co-ordinate the event. It will give BIG media attention in DC. It will open the eyes of American people !
    Are you kidding.???




    irock
    07-15 07:43 PM
    Can you please post a link?

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
    See under section E.

    E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)



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