Thursday, June 30, 2011

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  • solaris27
    10-08 06:47 PM
    only PD can solve problem




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  • rvurady14
    08-11 10:45 PM
    Priority Date - Jun 2006(EB2)
    EAD Renewal Mailed - Jun 21, 2008 for me and my wife.
    Received by USCIS - Jun 24,2008
    Got the email today(Aug 11) saying 'Card production ordered' for both of us.

    Don't know yet whether it is for 1 or 2 Year.




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  • gsc999
    07-19 07:06 PM
    Zoooom thanks for doing this. Anzerraja good work. You two work good as a team.

    Twicetwice & Anzerraja, your generous pledge has inspired me to pledge $100 for now, more later.

    We should merge all other threads dealing with this issue over here for convenience




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  • vbkris77
    09-24 09:08 AM
    By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.

    Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.

    The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.

    EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.

    Else it is your fate.. you know better what to do...

    It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away.. :p



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  • Chris Rock
    09-24 12:32 PM
    Some do not like Porting; some do not like Spillover allocation. And some do not like the interfiling. Remember, interfiling is like porting too.

    Porting is the law right now. It is not easy to change the law these days.

    Even if the law is modified, people who already started the porting process will be grandfathered. Thousands of porting application will be filed before the modified law become effective. That is what happened during PERM introduciton.

    My 2 cents.




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  • TomTancredo
    11-26 02:08 PM
    Hello

    I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
    Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?



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  • feedfront
    08-26 02:19 PM
    May be avoid and defer..




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  • Roger Binny
    05-10 01:21 AM
    GC Visa's are per country per year, where as H1's are not per country based, we indians used most H1's and stood in queue for GC's of course there is path so we stood, in fact it is one attraction they used to bring over here, to start with, per country GC visa limit is a poor thought.

    GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.

    H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.

    Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.



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  • ushkand
    09-11 12:37 PM
    Hello friends,

    I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.

    I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.

    Thanks.

    I got my receipt notice on last week and just received my FP notice yesterday. Going by my experience a week to 10 days between RN and FP notice.




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  • gc28262
    07-19 07:56 PM
    My thoughts:

    I understand and share the despair and hopelessness felt by EB3 guys.

    Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.

    Spillover issues:
    Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.

    If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.

    Here is an official IV discussion about spillover rules:
    ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)

    Visa spillage rules
    There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.

    If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.

    Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).



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  • logiclife
    10-08 06:00 PM
    All EB categories will be current all the time. As soon as a I485 EB case is filed the visa number should be allocated to the first 8000 odd cases for that category based on the PD of application. If a new case is filed tomorrow with a old PD he will get the visa number and the last guys application will move to waiting list. At the beginning of the year all visa numbers are allocated and nothing is wasted, even if the case is having issues like RFE, FBI check, etc the applicant knows that once cleared he will get his GC.

    Can you explain why you think the lawyers will laugh it off? Or is it just that you say it because someone is saying something which you don't agree with?

    A clarification regarding the flower campaign. I said the AILA law suit and the congresswomen letter to the chief also had lot of weight. It is just not the flower campaign for your information, if you beleive so it is your opinion just like I have mine.

    Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".

    I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.

    All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.

    You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.

    I will give you an example, and since you work for Government, I believe you will understand this easily.

    I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".

    Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.

    Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".

    And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.

    And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.




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  • FinalGC
    07-09 02:06 PM
    Yes, that is understood.
    The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?

    Answer is NO.



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  • gcsomeday
    06-26 06:13 PM
    record conversatios with these jack ass employers. It is surprising how much crap and illegal things they tell and do during negotiations. Not sure about the legality, would not harm if you dont use it. We keep seeing news on people getting screwed and then when outed the victim is not usually screwed by the system again.

    Also, I wonder if any employment contract not tied to any reasonable time estimate( like 485 - who knows when we will get it) will hold.Its akin to slavery.




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  • abracadabra
    07-07 02:34 PM
    Is it happening today?? There is no media coverage



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  • Edison99
    02-01 02:10 PM
    asdcrajnet, very sorry to hear but good luck with your new efforts and live peacefully!!!

    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!




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  • chi_shark
    07-10 02:44 PM
    i think it is very clear empirically that h1b is for a temp job and is a non-immigrant visa. it allows the employer to hire for a full time job too... whenever that intention is expressed, it should be expressed to DOL and USCIS in terms of PERM and I-140... thats that... once the h1 visa beneficiary is a beneficiary to I-140, then that person can apply for COS and avail AC21... so, i think it is clear that by itself h1 is temp. AC21 simply allows for h1 holder to extend H1 in case labor is clear and 140 is applied (labor expires in 6 months). further: ac21 allows job change after 485 app.

    As per info on that page, it says clearly
    "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"

    How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.

    I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.

    .



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  • akhilmahajan
    04-23 11:38 AM
    My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?

    As per the Yates memo, we are covered once 180 days have passed since filing 485.

    If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.

    Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.

    So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.

    I hope it helps.

    GO IV GO. TOGETHER WE CAN.




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  • gk_2000
    02-17 03:12 PM
    I would prefer if you didn't edit my replies. Of course its each persons preference to think his posts are ideas and others are rants.
    Lets delete posts that are not relevant to this thread.

    My friend, there is a LOT of difference between the words "rant" and "idea". It is very difficult to confuse between the two:

    rant (rnt)
    v. rant�ed, rant�ing, rants
    v.intr.
    To speak or write in an angry or violent manner; rave.
    v.tr.
    To utter or express with violence or extravagance: a dictator who ranted his vitriol onto a captive audience.
    n.
    1. Violent or extravagant speech or writing.
    2. A speech or piece of writing that incites anger or violence: "The vast majority [of teenagers logged onto the Internet] did not encounter recipes for pipe bombs or deranged rants about white supremacy" (Daniel Okrent).
    3. Chiefly British Wild or uproarious merriment.

    Also:
    rant [r�nt]
    vb
    1. to utter (something) in loud, violent, or bombastic tones
    2. (intr) Chiefly Scot to make merry; frolic
    n
    1. loud, declamatory, or extravagant speech; bombast
    2. Chiefly Scot a wild revel
    3. Scot an energetic dance or its tune
    [from Dutch ranten to rave; related to German ranzen to gambol]
    ranter n
    ranting adj & n
    rantingly adv


    i�de�a (-d)
    n.
    1. Something, such as a thought or conception, that potentially or actually exists in the mind as a product of mental activity.
    2. An opinion, conviction, or principle: has some strange political ideas.
    3. A plan, scheme, or method.
    4. The gist of a specific situation; significance: The idea is to finish the project under budget.
    5. A notion; a fancy.
    6. Music A theme or motif.
    7. Philosophy
    a. In the philosophy of Plato, an archetype of which a corresponding being in phenomenal reality is an imperfect replica.
    b. In the philosophy of Kant, a concept of reason that is transcendent but nonempirical.
    c. In the philosophy of Hegel, absolute truth; the complete and ultimate product of reason.
    8. Obsolete A mental image of something remembered.

    Source: Dictionary, Encyclopedia and Thesaurus - The Free Dictionary (http://www.thefreedictionary.com)




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  • Ushakiran
    05-10 01:28 PM
    Apparently, that guy is from ROW, and pretend being an Indian. otherwise, why he does not know India itself is a huge country with so many different languages, cultures, etc? isn't that diverse enough?

    EB based GC should NOT have Quota (.) We are already IN the system. How will it effect diversity. Diversity visa are meant for divesrsity. EB is skill based and only skill should be cared for,




    acecupid
    07-03 01:29 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..


    Please make sure this is a protest and your message should convey that. I'm sure the morons would think otherwise if we dont make it clear to them.:D




    ita
    11-01 04:17 PM
    Per my lawyer,

    1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
    2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
    3. Self employment is ok as long as the requirements are met and that is what is I am doing now.

    You are not informing USCIS about it .
    So just just accept employment from another employer ..just change the job or is there any paperwork involded like transfer of any documents or GC processing ?
    what do you mean by invoking ?

    Thank you.



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