Saturday, June 18, 2011

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  • chetanjumani
    02-22 08:24 AM
    From my understanding any left over EB4 and EB5 also get carried over to EB1 and from EB1 to EB2. SO would EB2 get the benefit of Eb4 + EB5 + EB1 ?

    Thanks,
    Chetan





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  • GCScrewed
    07-04 11:06 AM
    Paskal,

    It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.


    Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.

    I think we should pursue a goal that benefit everyone in the backlogs... not just a specific types, say I, C vs ROW; EB1 vs. EB2 vs. EB3; STEM vs. Non-STEM; Schedule A vs. Non-Schedule A; Healthcare vs. Non-Healthcare; IT vs. Non-IT. The only cause which will get everyone on the same page and therefore is worth pursuing is to recapture unused #s so that all people in the backlogs can go through the pipeline quickly. Of course, all the government agencies, esp. USCIS, must be held accountable for processing cases in a consistent and orderly way. This may be another goal IV should pursue. Just my opinion.





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  • battineni
    08-12 09:47 AM
    How come a person with EB2 category applied GC in 2006 doing the same thing that a EB3 person does who applied GC in 2002 gets their Green Cards approved?? Again not against any category...What in the world of kinda rationale is this is??

    not even 2002, it's just 01Jan2002, means only 2001.

    EB2 person who applied for greencard in 2006 getting the GC wth the person who applied in EB2 - 2006.

    This gap between EB2 and EB3 is keep on increasing....

    EB2 move is in Months....EB3 move not even in Days...

    I'm not against EB2... but just comparing.:(





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  • matreen
    10-28 11:42 PM
    PD = Jan 29, 2007
    I40 = Aprroved = April, 2007
    485 = Receipt Date, July, 12 2007



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  • feedfront
    11-08 11:39 AM
    Nope, not yet.
    Congratulations,!! Is your card really green or pollution has some effect on it? ;)





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  • pv2715
    07-12 06:41 PM
    That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
    Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.

    Hi,

    Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!

    Thanks,



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  • WillIWin?
    07-23 02:37 PM
    Is there anyone like my case - concurrently submitting 140 and 485 who submitted WITHOUT current employment letter ?





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  • voldemar
    06-20 06:06 PM
    1) Is it ok if I file EAD & AP separately from I-485?
    Or should i wait till I-485 approval is received and then file EAD & AP.
    When you get 485 approval you will not need EAD or AP :D
    It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.



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  • GT7481
    07-23 08:46 AM
    Assumption : You applied for H1 B from India before comming to the US in that case you did not submit I 94.
    Yup you can work on your new H1 B from oct 07 with out going back to India, you can think about auto revalidation(canada/Mexico).

    GT7481





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  • thomachan72
    04-11 09:32 AM
    Before taking up any agenda, check with IV core whether it is the right time.

    If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?

    I think Suhail raised a verry valid point. However, to recapture unused visa numbers might not just be an administrative fix. it would require a law being passed just for that and that then becomes a whole different issue.
    We know visa numbers have been wasted but can we persuade and get a majority vote on a legislation that would recapture unused visa numbers?? That to me is a mighty big task in itself.... just like raising the country limits.
    I am certainly not discouraing anybody....
    On the other hand, is there any legal issue involved that could be fought in a court of law?? Since there were more applications pending than the allowed anual limit why were not sufficient numbers of visas issued? was it because there was a per country limit?? If that is true they can simply say unless the per country limit is removed they cannot issue more numbers to India/china.
    Personally, I therefore feel more inclined to fight for these:-
    1) Taking of the per country limits (toughest one)
    2) Allowing change of status application irrespective of availability of visa numbers
    3) Allowing for H1b stamping from within the US
    4) premium processing of I-140



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  • TeddyKoochu
    03-12 08:34 AM
    OP thanks for posting the link. I believe for EB2-I in reality we have to wait for the last quarter for anything at all to happen. The next 2 bulletins will also in all probability have no movement. Congrats to all those who became current this month, best wishes and good luck.





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  • tikka
    06-12 10:21 AM
    Here is a link ...that does talk about issues related to legal immigration ...IV is also mentioned in this article

    http://www.ibnlive.com/news/world/06_2007/bush-gives-indian-immigrants-hope-42746.html

    Thank you



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  • needhelp!
    11-25 06:25 PM
    I got the same reply. Its standard when they send you your case number.

    Here's my case Number: NRC2008065126





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  • Maverick1
    07-29 01:12 PM
    i guess now i know why EB3 I is being ignored, is is a VERY VERY VERY INDIA specific issue ? :p

    :D:D



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  • Almond
    07-05 02:38 PM
    I am neither taking shots at you nor pointing fingers at you. Its not about old timers or new comers. I hope it will not take for ever for you to be convinced that your favorite website needs contributions from every one

    OK, I understand what you're telling me. In an earlier post I mentioned that I can understand how someone who's been here a while and has a certain tie to this place can justify spending money on it and perhaps at a certain point I will as well-just not right now on my second day of posting, and yes I understand now that it does more than just provide a venue for us to communicate. Please don't use "forever" when I am waiting for my GC, :( say "a little bit longer":)





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  • WAIT_FOR_EVER_GC
    06-10 12:50 PM
    WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES

    On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.

    We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.

    We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.

    IV is working on defeating this amendment. Please stay tuned for further updates.

    On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213

    AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
    TEXT OF AMENDMENT AS SUBMITTED: CR S4754
    COSPONSORS(2):
    Sen Grassley, Chuck [IA] - 6/9/2010
    Sen Harkin, Tom [IA] - 6/9/2010

    Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)

    SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:

    At the appropriate place, insert the following:

    SEC. __. CERTIFICATION REQUIREMENT.

    (a) Short Title.--This section may be cited as the ``Employ America Act''.

    (b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--

    (1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and

    (2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.

    (c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.

    (d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--

    (1) the date on which such individual will no longer be authorized to work in the United States; and

    (2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.

    (e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).

    (f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).

    What should we do. I am in tell me what I need to do?



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  • alterego
    07-12 07:34 PM
    I posted this in another thread.

    There could be two reasons for this huge forward movement for EB2.

    1) They want to minimize wastage by making more visas available for CP.
    2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.

    Point taken, However when EB2 India is moved to June 1 2006, there will be even more EB2 India with PD earlier than it was previously. So whichever date you set as the cut off, EB2 India will have more people with PDs earlier than that. So I guess I am not understanding how that helps Chinese applicants. Unless the USCIS decides which of the petitions they will process with current priority dates and gives preference to Chinese cases. Per my understanding, they are supposed to use RD in such a situation. However who knows what they will do.





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  • thomachan72
    05-26 05:00 PM
    The point, like ACLU said, is : People should not be stopped/searched/questioned for no reason. It must be done only in response to a suspicious activity.

    This treatment of non-citizens vs. citizens is similar to black people not allowed to sit in the front seats. Just a new form of profiling.
    I completely agree. This is supposed to be the most advance nation on earth. If we show the drivers lisense and give them the social security number, shouldn't they be able to see whether we are legal or not? Carrying the I-94 is a possibility but it is not a picture ID. I am sure they will ask for passport if you only have the I-94. Now if I am required to carry my passport all the time that becomes a real pain particularly if we are on H1/L1 and present for quite a long time. I understand such requirements for B1/B2 who dont establish residence and are either in a hotel / somebody elses apartment. The bottom line is, "times are bad and they are looking for somebody to direct all their anger and unfortunately it is us that they have chosen". I still dont understand the logic behind this. Americans hate people comming here to work but appreciate people staying in their own country and producing cheap goods to be marketted here. There is also this quite ridiculous situation with the drivers lisense, right? most states we have to retake the whole damn test, yes computer and the acutal driving test, each year when we renew the H1b!! Interesting way the past immigrants treat the future immigrants!!





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  • GreenLantern
    03-07 07:28 AM
    Wow, that is nice grinch. It's pretty detailed. I like the map on the wall.

    :thumb:





    PHANI_TAVVALA
    05-15 10:30 AM
    actually online MBA costs 2 times more than regular MBA in most cases..they dont have concept of instate/out-of-state tuition for online.yeah its online but still people can be within the state paying state taxes or whatever..

    they should consider this, I say :cool:

    That's bull. Online at top-rated university costs as much as full-time but definitely not more. Most of the top-notch universities don't even differentiate in-state and out-of-state. M.B.A is a money printing machine for them. Assistantships, in full-time schools, are very few and scarce and competition for them is pretty high. I have friends going to Darden School of Business as full-time students and they are paying close to $70k in fee alone. Add to this the cost of living, books etc. Times are pretty bad now and few of them couldnot even get internships for this summer and few who got had had their offers rescinded. For full-time school you have to consider something called "Opportunity Cost". There was a article in Businessweek which mentioned that a Harvard full-time M.B.A will take 15 years to break-even on his M.B.A investment. The reason for this is that he will be spending $80k on fee alone, another $20-30k for living expenses for 2 years, another 10-20k in books and other expenses. At the same time he would have lost on a average $160-200k in 2 year salary and benefits. Combines together it adds upto $300k which can be invested at average 6% interest, if you are a savvy investor, and get good returns. Assuming a Harvard M.B.A graduate on a average make $120k out-of-school if would take 15 years for him to break-even even with all the increments and bonuses.





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