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  • bombaysardar
    06-12 07:09 AM
    Bump




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  • chmur
    07-28 12:23 AM
    I never said we should keep quiet about it. I was only responding to an earlier post reagarding 'EB2 - elitist protectionism'. Just like you are within your rights to look after yourself, so is everybody else - welcome to capitalism. I have always maintained that going down the road of EB3 versus EB2 is detrimental to this group. Your post only adds to this.

    In anycase I dont know how splitting visas equally between EB2I and EB3I can pass the smell test even if DOS were to implement it - there is a categorization that is already established AFTER the initial handout is made on an equal basis. The split completely negates it - at least to the extent any EB2ROW spill over is directed to EB3 when EB2 I and C are already retrogressed.

    Lets not swear by capitalism but selectively resort to socialism.

    Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .

    is there anything that says that distribution further has to be done in a particular way ??

    I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.

    In that light every comment about EB*->EB? , failing smell tests are speculative at best.

    You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.




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  • makemygc
    07-02 08:52 AM
    Sent on Jun 29 using USPS through 2 days priority.
    Does anyone know how to figure out if USPS has received the packet? Site only tells that shipping info was received on Jun 29.




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  • vkannan
    08-01 12:42 PM
    All
    My company paper filed my EAD / AP renewal for self & spouse on 07/29 @ TSC,

    EAD /AP Renewal : 07/29/2008
    Status : ???

    ================================================== ======
    PD : Nov 2006
    PERM Approved : Dec 2006:)
    I-140 PP Approved : Dec 2006:)
    I-485 - Obviously Pending (Yeah, sneaked in through Mad rush July Fiasco'07):)



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  • lkrastogi
    07-07 10:12 PM
    I think we should have a poll for DC rally and it should be on IV home page so that every visitor know about it and poll.




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  • delax
    07-27 12:33 AM
    That is your take ....or they could end up distributing the spill over Visas equally among all EB categories because the original quota is equally distributed too. This benefits both EB3 and EB2.

    Please do not try to pass on your opinions as facts ...they are not.

    It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:

    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.)

    I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.

    If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.

    I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers



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  • chanduv23
    02-17 05:26 PM
    @12%, thanks iak1973, reddymjm, mhkumar, Pagal, Hopeful1, dudes2006

    Total Contributions..........$6,225.00
    Amount to be raised.......$43,775.00
    .
    .

    Great, lets keep this going.

    Come on folks - we can do this for ourselves, for our future, for our children, for the good.




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  • vkrishn
    08-20 03:17 PM
    You might be right. Check the response senator got from USCIS on Aug 6th. I was later approved on Aug 16th.

    -------------------------------
    In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
    -----------------------

    I asked the same question at Infopass (San jose) and with 2nd level Rep (NCSC). Did not get a clear answer. I guess it all depends on Infopass location.



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  • gc28262
    07-20 10:29 PM
    If America is so unfair, who/what is compelling you to stay, heard there is an apartment available in Nandita's bulding in Bombay.
    I have my reasons to stay here which you will never understand.




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  • sina
    08-26 12:14 PM
    No, we have not tried calling yet. Both are on H1, so just have EAD for just peace of mind. Do let us know what you hear from the customer service.

    Thanks,
    Sina



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  • nmdial
    09-09 10:03 AM
    I read this as a status message of a CEO sometime back on linkedin:

    An egg, when broken from inside, brings in new life but if broken from outside, kills it.

    Please, don't let the immigration process break you. Join IV (and us) and fight it...until we break it for a better change.




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  • EB3_SEP04
    08-13 10:20 AM
    I just received the email this morning.

    for Spouse only. Pending for the primary applicant yet

    Applied on July 1, Receipt July 3 and Soft LUD July 8:)

    Congrats Petepatel !!
    This gives me a reason to be optimistic about my EAD, i filed on july 1st too.



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  • rmdsouza
    06-23 10:49 AM
    This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.

    The standard line amounts to this:

    We are highly skilled we are legal and we are stuck and dont deserve this.
    This is not good PR. Nobody cares about this.. it will get us nowhere..

    We need to have a standard message apart from all other humint crap..

    1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.

    2) legals are in most cases paying taxes for which they may never realize the benifits like social security.

    We need to let it be known in a firm polite manner that
    1) we are giving more than we are getting and are not free loaders
    2) we are not harming or displacing anyone.

    I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.

    I would say that Social Sec Taxes and Medicare are unfair taxes. Some H-1Bs (read people from India and China) are not treated the same way as citizens, Green Card holders, and othe H-1Bs (read from Western Europe). Since they wont give us GC's.., we have to eventually go home. This implies, no Medicare or Social Sec benefits. Going by a conservative estimate.. there are about 500,000 GC applications in the blackhole for an average of 3 yrs. Each pays on an average $4,200 SC and Medicare taxes. So the state owes us $6.3 Billion... We sincerely request that we be treated fairly and our money be given back to us.. OR.. easy for them, give us GC




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  • amitjoey
    07-05 01:57 PM
    i do not understand the fuss about it. why do we over react to it. Big law firms like FDBL ( fragmon) all said the lawsuit is not winnable no chance , DOS can change VB any time as per federal law. whats the use of all this??
    we should find some way through congress, not just fighting USCIS for short term beneifts for EAD/AP's etc.

    There might not be any use, and it might not work, but we have tried to get attention thru media, lobby congress and fight our way through. Law-suit is something that will bring a lot of media attention, and also AILF feels there are strong grounds, so why not?.



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  • desi3933
    07-10 12:28 AM
    ....
    7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?


    Please show me any of my post where I have advised people to file for AC-21.


    .




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  • archanais
    07-04 10:32 PM
    Sign the agreement get the GC and use the same agreement to sue the employer ....

    Nobody can bind you in US, take care .....
    Drirshad,

    Thanks for the reply, Do you mean proceed with corp-to-corp between current Y(employer) and Prior-employer X(by paying h1b tranfer fee). Sign the Agreement with Employer X to continue GC and then sue them ? ?hmmm... interesting.
    Before accepting an Employement with company X, if there would have been an agreement stating they will sponsor my green card (atleast the paperwork), that would have helped me.. hard luck..



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  • sankap
    07-10 01:07 PM
    Thanks for quoting that. Now, how do you define what's legitimate? Meaning, why can't you show that your self-employment is "legitimate?"

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf



    what does this mean?
    confirm that the new employer and the job offer are legitimate

    legitimate means bonafide. Isn't it?
    For both, new employer and new job offer.




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  • zxc1251
    02-03 03:20 PM
    ================================================== ====
    Brother your assumption is flawed if someone come under reservation category they get their guaranteed reservation seat (on their merit basis in that class) if reservation % is fulfilled as per rule then their application goes to open category. That means 50% resources is for everyone in India.
    This was happened few years back to get admission in one of top Medical school after scoring more than 92% was not able to get to desired top medical school but one of his friend who had just scored 58% was able to get in top notch medical school. Now this remind me similar situation what was happened 50 years before. Now making matter worst student who had got 92% was belonging to very middle class or you can say poor family but his friend was belonging to class one gazetted officer�s family (I would classify them upper middle class).
    I think reservation was required in past to up-lift backward class and give them justice in system but now situation is change drastically we see people from all class is on same page .if someone wants to argue on this that is fine. In real sense if we need reservation then it should be on economics basis everyone should file taxes and they should get reservation accordingly with merits .In this way government will get more revenue and on the whole we will have fair justice to everyone (all cast )and this will provide better visibility what is happening to normal families. Now some will debate how we can avoid fraud for reporting low income then hey that is what government should be doing, proving infrastructure and enforcing rule of law other than that government has no business in dictating which cast is upper cast or lower cast.
    Now real question pose by the other users here are we better-off here or back home? I think we always indulge in material benefits but there are other aspect of life you cannot put face value on it .What matter is the most are you Happy? What is your ultimate goal of life? What is the most important thing you want to have in your life? What is the most irritating thing you cannot overlook or make you uncomfortable? On top of all these key questions what are tools /resources available to you to address all these likes dislikes. So let us say if you are shooting for quality life then define what must have for that life and to get those you may have to bite bullet and compromise on some of those. If you can find middle ground some where there then we call those people happy people or successful people. So life is about making right choice all the time as per your own situations. When we are in this fine-tuning process we can always use help from our resources, friends, relative, culture, God, Money and our own intellectual.

    Very well said...... My best friend (brightest among all of my school friends) in India belonging to Backward class could not study medicine or engineering because he had (no money) to support his family..... so he finished his shortest teaching course and became public school teacher.... He was capable of getting into any medical school without reservation help... and because he belonged to lower cast he was assured in any medical college with the help of reservation.... this reservation system does not work for real lower cast or for people who really need uplifting..... between I could not get into medicine because I was 1 mark short...... Just 1 mark..... :) ..... I am really happy were I am but reservation is a plague that is corrupting our nation.......




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  • tonyHK12
    02-27 11:54 AM
    Contributed $ 100/=

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    thanks and good luck, updated #246




    jsb
    09-11 03:23 PM
    Since now as per USCIS notice of receipt status as of Sep 7, TSC is also finished with July 2 filings. All filings of July 2, no matter where you filed, should have been receipted. Allowing a few days for mail, all July 2 filers should have their receipts in their hands. NSC is way ahead of course.




    virald
    01-21 03:30 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?


    This is the question I have too. I have certified PERM copy with me, but I dont think I have the cover letter (job duties) for the PERM. Using AC21, what duties should be written by the new company? One field I see on ceritifed labor is "Non technical job duties".

    Any suggestions?



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