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  • sanju_eb3
    04-25 09:01 PM
    What are the downsides of the point based system?
    - The bill may take too long to shape-up and implement; thus holding off any meaningful reform to address the current retrogression problem.
    - Others, please list

    What are its advantages?
    - No need of lawyer
    - Employer independent (Is it true?)
    - Others, please list





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  • AabTuAgaGC
    06-19 09:49 AM
    Guys:
    Just checked the AP and EAD dates are back within the 90 day limit at all centers.

    No Panic..!!!!

    Wohoo!!!!!!!!:D :D :D





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  • DSLStart
    09-05 03:49 PM
    The officer from looks & accent seemed orignally from US's southern neighbor. The way I convinced him was repeating how important it was to visit my parents as they are so far away and I get to visit after long time etc..
    But as one of the poster mentioned above, they should make some change in the text and purpose of AP.

    Thanks for sharing this experience, I feel sorry for you that you & your family had to go thru this. I want to check with you what finally conviced the officer to change his initial stand to let you in? This will help us to learn from your experience... Thanks





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  • gcnirvana
    10-12 12:35 PM
    Sorry I did not read this thread before. Just a simple question: should we use nycgal's draft?

    Yes, I used nycgal's and made little modification to the intro part. Picked up the IV intro from our home page. Also emphasized on the skilled-immigrants rather than just legal immigrants. Still need to send it to Mr.Sturgeon.



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  • anai
    03-28 08:57 AM
    Guys,
    First of all, please be decent to each other. Now, to the PBEC issue - this is a major problem, and a huge issue for all of us. Currently, the debate in Senate/Congress is centered around Immigration reform and this is a definitely a good time to raise these issues.

    There are a few things we should strive for:
    1. Keep all provisions of Specter's bill related to EB.
    2. Re-instate per country soft limit.

    If both of these provisions are passed, Priority dates for all countries will be current in EB2 and will rapidly move in EB3. A lot of folks in PBEC might be able to use PERM to apply another labor and priority dates will loose their importance, so it is important that these provisions pass.

    This is just the kind of disingenuous logic we do not want. To suggest that folks stuck at PBEC should just file PERM is (a) just like asking people to drink coke instead of tackling water scarcity (b) reflective of the ignorance of the situation faced by many stuck at PBEC.

    Note that IV has a stated goal of solving the BEC issue (6th listed goal on the homepage). The goal is not to make light of the BEC problem by using apparently simple but false logic; the goal is to resolve the BEC mess.

    Do not try to play down what is important to others and hijack the agenda to suit your problems. We have all come together behind each of the stated goals of IV. Let's keep it that way.





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  • yabadaba
    06-28 12:51 PM
    good...looks like they are taking proactive steps to handle the loadssssss of 485s that will be filed.



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  • Sree Swathi
    04-21 02:38 PM
    there was a signed petition for this...i lost the link.
    anybody knows the link?





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  • GCchaos
    02-23 03:44 PM
    �United States Of America� or more commonly the �US� means one and only one thing for most people in India, the land of opportunities, a place where every dream comes true, a Cinderella fantasy that pops t life. Well, Legend has it that once upon a long long time, it used to be true. But the current situation is a whole lot different than the legends and the fantasies. Let�s delve into the story of an Indian guy, who set out on a journey in pursuit of his
    dreams that promised him the sky.

    This guy was a smart, hard working software engineer in his own power, working for a software company in India. He worked on different kinds of projects for different clients, all of which were from the fantasy land. The clients always appreciated his work and he had a great rapport with these people.
    One day, he got an invitation from one of these demigods�, �Will you please come and join us and share our fortunes? We are in much need of someone talented like you to run our operations�.
    Now, that was an offer he could not refuse, could he? It�s something he had been dreaming about, since he was a child. It seemed like an offer that would change his life for the better, in every possible way.
    He immediately packed his bags, bade good bye to his family and friends, not knowing the future, not knowing he would not see them for at least a few years. It did not even remotely occur to any one at that point, that he will be tangled in so many restrictions, that it would be hard for him to leave the fantasy land. Well, who cares �He is going to AMERICA!�
    He landed here, worked harder than ever, slogged like anything and proved his capabilities and reserved a place for himself in this wonderful land. Five years passed by�..not realizing that every day has been the same, just struggling to keep up with the expectations of his boss. However he became a much respected person at his work place, every one who worked with him was very happy to have him here. They just loved his dedication and passion. His initial plan was to stay here for the 6 years he had on his H1-B visa and head home. But, destiny had something else in store for him. His employers wanted him to stay. They realized they would not be able to find another person of his caliber. So they started a process called Green Card which would allow him to stay in this country and work for them.
    He went to India after a long time, and met his parents. They wanted him to get married; he met a nice girl of his parent�s choice. Both of them liked each other and got married.
    She flew to the fantasy land with him and they live happily ever after��.
    Well, not exactly!
    There is a twist in this story.
    We need to talk about the girl for a little while now. She too was a young, aspiring software engineer with a good company in India. She was a smart and independent girl who loved to live her life. She lived at a short distance from her parents and family with whom she was very close. When she met the guy, she was overjoyed. She instantly liked him, but was a little apprehensive about quitting her job. But everyone told her that she was being silly and that she would get a job in USA, any time she wanted, because of her VAST two year experience. She believed it! The guy also did not know that his fantasy land had changed a lot since his going there. He thought that he was going to get his green card soon and that his wife would be able to work immediately.

    So with all these hopes, they flew back to US of A. Here the reality was far from anything that she ever heard in the legends. She had no friends, no family, and no job. She was not allowed to work while she was on her dependent visa called H4. The hopes of green card were thrashed to the ground. Apparently only a small number of people were given these magical passes called green cards every year. And the wait was a very very long one; reality hit hard, it would take at least five more years to get their green card and that she would have to wait for an indefinite period of time before she could work again.
    She thought of keeping herself occupied by making friends but she found none in her locality.
    She wanted to put her technical expertise to good use by volunteering, she got a few offers but they were all so distant from her house. She did not have a car of her own, so she could not take up such jobs.
    She was left alone at home all day, destined to look at the windows and the walls of her apartment. She could not take it. She applied for her own H1-B visa which she thought would allow her to start working. She had high hopes and started concentrating on honing her skills. But the process was such a long one that it took more than 8 months for her to get the visa approval. She tried to keep her cool, but it was one heck of a struggle. There were so many laws and rules and other incomprehensible things associated with her H1 and her husband�s green card process that she could not go to India to meet her parents . The real struggle started once she got her H1 B. She could not find a project to work on. There were requirements for people in her technology, but most of the jobs required hat she be one of the following:
    1. Candidate with 6 years or more experience
    2. Green Card holder with any experience.

    She hit a roadblock. 6 years of experience or GREENCARD????
    How will she get any of this now?
    Her husband had also become very sad because of the pain that she had been going through. They were never peaceful during these past 1.5 years. Even he was also completely stalled in his career. There is a rule which doesn�t allow him to change jobs or take a promotion even in the same company once his green card process has been started. He has to either wait until he gets the green card or start it all over again. It is like leaving one�s place in a long queue and having to join in at the end, all over again.
    I hear they are thinking about going back to India, where their lives will be much easier.
    Two highly skilled people who were disowned like foster children and put entangled in such complex problems.
    Unless they do something about this green card process soon, there will be many more immigrants who would plan to move back to their own countries.
    It is America�s loss, no doubt!
    An organization called Immigration Voice has been started by a few people, suffering skilled immigrants themselves, to take up the cause of all the others in similar situation. It has picked up quite a lot of momentum these days and
    had been able to achieve success to a certain extent. But it requires more people, more funds and more support to actually attain a significant result.
    America has been built on the competitiveness of highly skilled immigrants. America enjoys a technological leadership around the world primarily because of them.
    Let�s hope that the government will do something soon to provide relief to these skilled immigrants lest America should become a mere legend like Atlantis.



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  • saketkapur
    01-14 12:57 PM
    As per Ron Gotcher more bills are going to be introduced and then they will try to consolidate them into one. He has his response at the following link:

    http://immigration-information.com/forums/showthread.php?t=7013


    Re: Hr 264

    --------------------------------------------------------------------------------

    This is one of three expected bills introduced in the House. The sponsor of this bill (there were no co-sponsors) is Sheila Jackson-Lee. She is a fringe player. Next Tuesday, Luis Gutierrez, the chairman of the Congressional Hispanic Caucus, plans to introduce his version of CIR. It will most likely concentrate on amnesty.

    At some point in the future, we can expect a bill from Zoe Lofgren. The Lofgren bill will be the one that will have bi-partisan supporters and will be taken seriously. That will be the "real" CIR proposal in the House.



    If I had to bet on it, my bet would be that if anything at all passes, it will be visa recapture, quota expansion, and H1b relief. There is a strong core of support for those measures. The weakest component of CIR is amnesty.





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  • sujijag
    08-19 04:36 PM
    Emailed and Faxed to two of my local senators and Representative.

    Status: Sent
    Time: Tuesday, August 19, 2008 4:32 PM
    Pages: 3 of 3
    Subject: Provide Immediate Relief to Highly Skilled Foreign LEGAL Workers
    Call Duration: 57 second(s)
    Called Fax Machine ID: US SENATE

    Recipient:
    Name: Senator Dianne
    Company:
    Voice:
    Fax: 1-202-228-3954
    Title:



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  • cygent
    05-15 08:22 PM
    Recurring contribution : $20 per month

    I Pledge to bump up contribution in coming months (after I-140 premium/H1B extension)

    Awesome job! Thanks again folks!





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  • Macaca
    08-12 06:08 PM
    In fall 2003, an applicant filed a green card application, which remained pending due to FBI name checks until spring 2007. During the course of the adjudication, the applicant was fingerprinted and applied for interim benefits several times.

    Although the applicant applied for most of the interim benefits in a timely manner, the filing of the last EAD was not timely, and the applicant had to end his employment. In correspondence to the Ombudsman in the winter of 2007, the applicant related that he is a cancer patient who no longer has income necessary to pay for treatments. (page 40)
    A green card application filed in late spring 2003 with a service center remains pending. The applicant filed his fourth EAD in the fall of 2006. In January 2007, the applicant needed the EAD to continue employment, but had not yet received it more than 90 days after filing. As advised by USCIS, the applicant visited the USCIS field office to obtain an interim EAD. At the field office, USCIS told the applicant it no longer issues interim EADs. USCIS gave the applicant a form to request an interim EAD, which the applicant filed with the service center but received no response.28 The applicant contacted the Ombudsman in February 2007. The applicant�s green card application remains pending, while the interim EAD was approved late. (page 17)



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  • Macaca
    02-08 08:39 PM
    Just wanted those sending applications now to know that Nebraska has recently rejected hundreds of (i) EB2 cases with x yrs of experience + BS even when x is 10 and (ii) EB-1 cases even with Ph.Ds (this accding to my lawyer.)

    Ph D does not make it EB1 at all. I know fresh CS/EE Ph Ds from good schools in teaching jobs in reasonable schools apply for EB2. I was surprised to know this.

    Based on the posts here, it looks like there are no fixed rules. I don't know whether it depends on your lawyer or USCIS or both.





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  • chi_shark
    10-03 10:50 AM
    actually, lets make another category 3.c. people who have shifted jobs after ead using AC21 and now want to or already have started a company for side business (that may be in the labor/perm cert job description or outside)...

    So, I am 3.c. and so is perhaps matreen... after digesting my conversation with the lawyer for two three days now, i am feeling that it might be worth taking the risk of doing a side business. after all, we are not doing anything that is uncivil or criminal... just trying to boost our incomes and perhaps contribute to an industry or something like that... that noble intention could be viewed as an exclusive intention in relation to the intention to continue permanent employment with the new GC sponsoring employer... what do you guys think?



    If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.

    In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.

    Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.

    PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.



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  • anancish
    07-26 07:15 PM
    My question involves employment and labor law for the state of: CA

    I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:


    SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.

    Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?

    Thanks much!





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  • nonimmi
    06-25 11:18 AM
    In case of efiled AP, will there be any FP as required for efiled EAD?



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  • aadimanav
    01-23 12:06 AM
    :confused: It must be typo.





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  • stillhopefull
    08-27 04:42 PM
    not sure if it is too late, but I just sent to Sen. Warner and Sen. Webb of Virginia.

    Thanks!





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  • raj3078
    10-23 09:22 PM
    Hello ,
    We got the EB3 part but still dont know about your PD...when was your Labor Applied?





    hebron
    04-22 07:39 AM
    I also got a RFE from nabreska , but finally got approved.
    Same Bsc + MCA
    I think , they do approve , just waste some time and money of everyone , before they approve.
    :rolleyes:


    That's encouraging! I have lot more hurdles than the Bsc + MCA issue. My employer had filed my GC in EB3 and is now willing to refile under EB2, since I was promoted to a senior role. The company attorney though is hesitating to file under EB2, his reasons are as follows:

    1. 3 + 3 degree will not be approved under EB2. ( This is in response to my question about using my Bsc + MCA. My current role requires Master's degree or Bachelor's + exp. I do not want to use the experience (9 years) gained from my current employer. So I suggested we could use my master's degree + 4+ years of experience that I have before joining my current employer. )

    2. Attorney thinks Software Engineer role (EB3) and Principal Software Engineer role (EB2) are not 50% different. I agree that it is not 50% different. But my question to him was - "Does it (new role) have to be 50% different even if I don;t use the experience gained from the current employer". Haven't heard back from him yet.





    prem_goel
    08-01 06:08 PM
    I read a few months ago that to avoid wastage of visa numbers USCIS is going to introduce one more date called a "Qualifying date" which would essentially mean that even though your PD is not current, you may apply for 485 because USCIS has the resources to process your application.

    The last I heard they were going to introduce something after Sept/Oct this year. has anyone else read of any other updates anywhere?

    Note: this date is not going to get you EAD/AP or green card. This is only meant for USCIS to maintain their workload efficiently. It may benefit people who are single and who have already applied for 485 by quelling their fears of their application getting approved before they can add their spouse.



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