Sunday, July 3, 2011

gold rush

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  • pani_6
    08-21 03:51 PM
    I saw that Ron told one "so depressed" in his Forum..that we can launch a law suit..against this new interpretation..however..I dont know its worth the time and effort..although uscis learns only by law suits..

    Lets see next months Visa allocation for the new year and see where it starts from..I am hoping from Mid of 03..lets see..besides..only quick solution so far is the Visa capture ..dont know where it stands...


    we got 20 more days to influence people about EB-3 numbers..what is the most effective thing to do collectively before he new Visa bull comes out..

    Any idea Pappu..??.

    I am thinking a Flower Campign to Sen Lofgren??..what do you guys think..

    ""Forget Me not ..I am EB-3 India (Highly skilled) waiting a decade for my Green Card"..Please pass the Visa recapture bill! ""





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  • small2006
    01-24 12:58 PM
    With all due sympathies, this is one of the funniest posts I have read in a long time....It helps to lighten up a bit every now and then considering we are all in this for a long haul...

    Anyway, just wanted to let you know that I went through London back in 2004 and my experience was completely different. I went to the NYC consulate to get my TV for $50, yes just $50 and the whole paper work etc was done in less than 30min and I had to go back after 2 hours to collect my passport with a 1 year multiple entry stamped on it.

    My point being, I think they have changed a lot of rules and made it more stringent after the recent security threats etc.

    Getting a GC soon is our saviour


    I had the misfortune of travelling thru London in December on my way to Mumbai. After I purchased my tickets, I learnt that I need a transit visa (TV) for UK. (Who is going to tell them (UK) that they are no longer the center of attraction esp. if you have lived and worked in US). Anyway, as per the rules, you need a transit visa if you don�t have a valid US visa. (Note: If you have AP, and don�t have a valid visa, you still need a TV).

    I went to their site and did all the research to get a TV. Good god Heavens! Has anyone filled out their painful form for a TV? Besides asking the usual details, they get extremely nosy. They want to know each and everything about you. Where you work, what money do you make, name of your wife, kids and their citizenship status, name of your father and mother and where they were born, their birth date, how much money you have and where the money is (stocks, bonds, CDS) etc. etc. While filling up the form I realized that, even my future father in law did not pose so many probing questions to me. (Please note: I don�t mind answering these silly questions for a regular visa, but for the damn TV, it is certainly overkill).

    Anyway to cut the long story short. The regular cost of TV is/was $92. However, when I filled up the application form they were asking for $184. (The satisfaction of getting a good deal on the tickets was quickly evaporating). I assumed I must have made a mistake in thinking the cost to be $92 and reluctantly paid $184. Next it was time to fill the application for my wife and answer the idiotic questions again. You should have seen the �I will kill you right now� look on my wife�s face after I woke her up in the middle of night and asked details about her parents. After I filled up the form, to my surprise, now they were asking $274 for visa fees. It was already 2:00 am and I have no choice but to painfully enter my credit card details, hoping that they would realize the mistake in their recon process and would reimburse the difference. (Of course, I was only dreaming).

    It is now almost the end of January and I have still now received any money from them. I have tried sending several email to the emb(ass)y, but none of their emails work. I get bounced email for all the emails that I have used. I have tried calling them and left messages and no one has called back. I have send emails to my credit card company and the people who processed the payment and none of them have been able to help me. There is a way to talk to someone in the emb(ass)y, but you need to dial a 900 number, which BTW costs $2.49 per minute. Throwing good money after bad is not an option.

    I just wanted to share this experience with you and remind you of the pain ahead, if you are travelling thru UK and don�t have a valid US visa. Personally, even if they had charged me the regular $92, I will still use other options to travel next time. The amount of time wasted in filling the crappy application form, going to NY, (starting Dec doing your finger prints) is simply too much to handle. Visiting your motherland/fatherland is a very special occasion and all these intermediate steps certainly water down the �good feeling� that you experience during the days leading to your trip.

    I haven�t given up my quest for a refund, but now, not only I want my money back I would like to bring back home the Koh-i-noor too.





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  • L.A. Goldrush by the Italian



  • pappu
    08-21 10:49 AM
    >> any unused visa should be given to the oldest PD irrespective of Country/Category...
    What is the legal basis to back this claim? Probably this should be included in the letter as well.


    _____________________________________________
    Proud to be an Indian-American and Legal Immigrant

    All of you guys are smart ,highly skilled immigrants.

    Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..

    Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.

    same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
    He left current employer and found another who willing to apply under Eb2.

    Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.

    CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.

    I tend to agree with both.

    You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.

    If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
    Visa recapture is the best option.





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  • gans
    09-24 05:41 PM
    Are we missing another important information in the calculations here? Taken from the visa bulletin - "2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320."

    For example, in the case of India, there cannot be more than 25620 [7%(226000+140000)] + 7320 [2%(226000+140000)] = 32940 green cards/year (excepting the spill-overs) inclusive of family and employment based categories (and their different quotas).

    I guess, unless we get the numbers for family-based applications, similar to EB-485 that has just been released, the conclusions are based on approximations and assumptions, although I wish to point out how much I have learned and appreciate all the analysis here.

    Because, if there can only be 32940 green cards for all people (family + employment) from India in a particular year(excepting the spill-overs), the employment-based green cards alone are 1960(EB4) + 1960(EB5) + 8008(EB1) + 8008(EB2) + 8008(EB3) = 27944. Does it mean that there are only 32940-27944=4996 family based green cards for India/year (excepting the spill-overs)? And also, I believe that family-based has a higher priority than employment-based as a result of which the spill-overs are larger for the former.

    Does anyone seem to agree with me?



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  • rcr_bulk
    08-26 11:44 AM
    While people are discussing about Vonage plan, I bought VG shares at around 50 cents after the news came out and boom sold today at $2.10....Kool 400% profit in just 4 days....

    Thanks Vonage.....

    You are the man





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  • santb1975
    01-11 11:21 AM
    Keep up the good work

    I am upto 14 letters signed, sealed and mailed to the President. I am waiting on a few more to come....It took probably an hour over the past week. Guess what...in the process I educated over 20 Americans about our issues. Guys this can have a cascading effect if we talk to people we know and get these letters. We all need to step up and actively talk to all Americans we know and get these letters. They are our support bank when its time for larger fixes and we need Americans to call their Congressman & Senators to help us.

    Talk to EVERYONE you know and get a letter signed. It would be great if everyone mentioned the number of letters they have got when they put out posts on this thread. Lets not just talk the talk but WALK the TALK!!!:D



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  • victory123
    05-17 04:19 PM
    Thanks a lot fromnjia! I do have the receipt from USCIS.It makes me feel much better now.I'll send all the 485 papers after June 1st.hope 485 clears smoothly for me.





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  • gccovet
    08-07 01:41 PM
    Sunny ,
    What is your PD???

    Sunny_surya,
    What is you PD?

    I asked this earlier, may be you missed it, so, let me ask you again...
    What is your PD.

    Regards,
    GCCovet



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  • seeking_GC
    10-02 12:41 AM
    service center is Nebraska.
    Infact my 485 got denied in August 2009 and in september 2009 filed MTR,which got approved on 22 sep 2009 and today we got 485 approval emails.
    Hi pro,
    could you please check your PM?





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  • mihird
    06-29 04:41 PM
    Do you respect others feelings here...

    We are all here for some justice-no arguments-no offense
    what r u...
    Mind your langauage-Did u face any serious problems from some H4-

    before you try to supress some ones feelings change your attitude-

    My intentions was not to offend anyone...all I am trying to say is blaming the H4 visa is unfair...H4's intention is to have the dependents be able to join the H1 visa holder....just that, nothing more....it is another story that most people want to do more than just that while on a H4. And for that several other visa options are all open..

    Yes, my spouse too was here on a H4 and we had faced some problems...but to be honest, I had educated myself very well on what problems we will face before getting onto a H4..we thus never cribbed about her being on a H4....and I had always insisted to my spouse that if she wanted to do more..she would have to fight for her own F1/H1 visa..



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  • ndialani
    10-27 03:45 AM
    I have two approved I-140 (NIW/TSC 06/2006 and EB1A/NSC 07/2009) and a
    pending I-485/TSC from 2007. I went infopass two weeks ago, and was told
    that my I-485 was pre-adjudicated and assigned to IO on 08/2009. The
    infopass officer kindly sent an e-mail to my IO requesting for update.
    Yesterday, I received a letter saying "We are actively processing this case.
    However, we have to perform additional review on this case and this has
    caused a longer processing time. If you do not receive a decision or other
    notice of action from us within 6 months of this letter, please call
    customer service at the number provided below."

    Does anyone received a similar letter? Is it just some letter or some problem
    with my case. I have been in this country for 11 years, used up all 6 years
    of H1b, renewed EAD three times, and tried service request, called IO, wrote
    to Senators/first lady. Not sure what else I can do...

    Rongch60,
    Same Here !
    I got 6 months wait letter too. My wife (Dependent) for 60 days letter.
    EB2/TSC .
    I m lost as well!!!
    i filled up #7001 form and also E.mailed a follow up letter today.





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  • TeddyKoochu
    04-01 01:08 PM
    I don't disagree with any of the statements.. It is totally personal decision for someone to donate or not.

    I agree that there is no silver bullet in any analysis. It is a number crunching game.. What is important is follow-up after analysis, which is only possible with IV.


    Dems want votes and more Hispanics
    GOP want more temps since it is very good for business
    Lawyers want more money so they are not interested in solutions. They are in it for money
    Individuals want their greencard just in time and not worry about the guy right behind them..
    tracker websites need traffic to get money from adds, so they don't want solution..

    Thanks I appreciate your follow-up. My response was more for those people whose only objective seems to be to denigrate others (Name calling - Freeloader etc) and divert everyone from the topic.



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  • pappu
    06-25 11:23 AM
    ............Expanding on my previous posts.
    One more thing.
    If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end. Now This will not completely eliminate all risks in multiple filing. There have been cases in the past where when you inquire the status of one application, you will get the status of other. And if the PD of other is new, you can get stuck in a blackhole and will either have to wait for USCIS to sort it out or keep trying other ways to solve it. One of the reasons for delay (rightly put by Murthy) is -- when an application is adjudicated by a CIS officer, if the officer sees that there are other files open for the same individual, the officer will not adjudicate that application until that officer has all of the files in existence for that individual. This causes significant delays and confusion in adjudication.
    Also do not apply EAD and AP on both. This is commonsense. But just mentioning it here in case..
    I also researched the option of CP on one and regular 485 on other. While CP looks attractive, there are lot of risks. I have a big document on this. Overall I would not recommend this to anyone who wants to play safe.
    Even multiple filing option should be pursued by critically evaluating your own situation. See how much you and your wife have secure jobs. How new are your PDS. What catagories do you belong to. Do not just apply because you have money to throw away. If throwing money gives you peace of mind, then by all means give it to the lawyers to file I485.

    Again. There is nothing right or wrong. Multple filing is only good for very specific cases to have a safety net. This is what I have found till now.





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  • SunnySurya
    08-07 04:05 PM
    The point was about abusing the system to get ahead in the line. In that way labor sub shares similarity with PD porting. If a person who landed yesterday fits the job profile and the law allowed it , then what's wrong.

    On the other hand if those labor are sold for a price then it is serious problem. And thats why Lab Sub was eleminated. Now thats what is going to happen (and happening) in PD porting case.
    Your Logic is Illogical in the first place...
    In Labor substitution, a person who lands in US last friday, could substitute a labor and get ahead in line of a 2002 guy.
    In Porting case he/she is the original beneficiary. So you comparing Porting to Labor Substitution is totally illogical...



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  • grupak
    03-25 05:04 PM
    ... If this would have been the real way ( I and all of us wishes that) the these recruiting guys may not dare to insist till you spit the speific word out and that is before interviewing. In my experience, I always had verbal conversation. ...

    I agree we might not always have hard evidence unlike the OP here. And lot of employers might be doing this. I have never faced this, yet. However, we have to act on it. The first step is to complain to the govt. Maybe if there are lot of complaints, govt will investigate and find the dirt, and fix it.

    Another idea is to bring it to the attention of the job boards that discriminatory ads should not be posted. Lets give this a try.

    To those effected, write to the govt if you are in a situation where you can.





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  • coolcat
    05-16 05:03 PM
    I was told I can't travel international after filling I-485.
    I can travel international only after receive the receipt of I-1485.

    Is this true?

    I don't see an answer to vsoni's question. I don't know the answer either. Can someone answer vsoni's question and also mine, please?
    Here is my question:
    I'm currently on an H1 visa status. I'd be applying for 485, EAD, AP on June 1 (my PD becomes current then. :) ). Currently I don't have a H1B visa stamp in my passport. I'm planning to leave for India immediately after applying for 485, EAD and AP and apply for visa in India.
    My question is if my H1B visa gets rejected, can I come to the US on AP (someone in the US will mail me the approved AP)?



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  • beautifulMind
    09-24 08:59 PM
    Yes agree. The point is that for an example in September 2008 if you used AC21 then on that date you and your employer claimed that your skills are matching for "particular EB3 job classification" . Now if you go interfiling to USCIS in March 2009 then USCIS doubt as logically employer ca not establish the "natural skill progression" within 6 months.

    One more thing - RFEs. Although people used AC21 in 2007 or start of 2008, just recently USCIS sent RFEs to many. All of them have just finished replying those RFEs in which hthey claimed that they are still working on a "same job" matching EB3 skill. My employer sent that RFE response in May 2009. So my clock starts again from May 2009. In December 2009 it is almost impossible for my employer to show that " I am fit for advanced skills". So this is the glitch that lot many lawyers are strongly hesitant to proceed on interfiling.



    But I have already taken the promoton on Jan 2009 (raise and change in job requirements since I filed perm) and moved to the new eb2 position...I dd that after a year and half from eb3 485..... the job is same/similar but requirements and skills have changed

    but as you mentioned
    I should stll be ok and just make sure I interfile 485 after 3 years ?





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  • Saralayar
    04-23 02:13 PM
    Guys,
    Time to think and raise our voice about the path to Citizenship for LEGAL IMMIGRANTS. No politician is talking about legal immigrants.





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  • gc_on_demand
    09-12 07:32 PM
    ------------------------------------------------------
    Update
    ------------------------------------------------------

    We have learned that in all probability House Judiciary committee will finishing marking up HR5882 in the next committee meeting. The bill is likely to be brought to the House floor the following week. We have been told that if our bill(s) pass the House, Senate will include the language of the bill(s) in another Senate bill that has majority support. We must admit that the time is shot but its still possible.

    We request everyone that starting monday, please call all the members of Judiciary committee. Thanks to the members who have already made phone calls to the lawmaker's office. We request you to please call again to show your support starting Monday.

    Thanks,


    You have given me new ray of hope... I will re call commettie members as well as local congressmen again.





    vbkris77
    06-18 11:57 AM
    Your reasoning is weak. If the same Goldman manager wants to screw you - he won't see if it is recession or not - he will screw you - period.

    What happens with ICE and goldman is an issue they sort it out. If his budget is tight - he will figure out a way.

    As far as jobs are concerned - there is no gaurantee that the best and brightest is always in jobs or those who suck up always have jobs - YOU are responsible on how you choose and carve your career

    I agree to all the law abiding people here... But be just a word of caution, it can bite you back.

    Now a days we are seeing lot of protentionism not from laws, but from hiring managers. Most companies now taking projects that can give them local resources only (H1B/L1B/GC/EAD/USC etc. but physically prsent). Look at utilization percentage in offshore companies. So if they say, I only require GC/USC and not H1/L1, there is no way you would be able to challenge them. I can deal with things on a level playing ground and I don't have "suck it up" attitude.

    This GC/USC alone job ads will be lot safe for them if you guys go on a mass scale. If they can't find a guy, most companies now a days are putting off projects and wait. So your campaign on this scale will not help H1Bs at all.

    Don't think you will always get what you see.. This is a web and pulling just one string is not possible.





    santb1975
    01-10 05:24 AM
    ^^^



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