Monday, June 20, 2011

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  • 485Mbe4001
    05-26 06:05 PM
    IMO standalone bills like these have little chance of passing. This is just a placeholder so that its text can be used in the CIR. Such bills are used to gauge the public reaction and the senates direction on the issue. The bill needs a companion bill from the house which will be difficult considering the composition of the house. In the coming months you will see many immigration related bills being introduced. We can always hope and write a letter to the senators about this bill, it has a better chance if there are more co sponsors.

    As prof Wadhwa mentioned the best option for us is to write to the lawmakers outlining our issue, education is the key. i write to my senators and congressman every 3-4 months (no email). You will always get a reply to your letter, sometimes the reply is not relevant to the issue you have mentioned:rolleyes: but every bit helps...I hope each member writes a letter, numbers generally make an impact.





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  • greenmonster
    08-04 09:58 PM
    I am a July 2007 filer, so far i have never got finger prints on my EAD. First time i did not get a FP notice. I scheduled an info pass appointment and got my FP notice.. gave FP in Feb 2008. I got my first EAD in Oct 2007.

    My latest EAD ( approved Jul 2010) does not have the finger prints on it. Last time I gave my FP was in June 2009 ( Notice sent by USICS ). Is that something to worry? Is it related to NC ?





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  • no538
    07-11 10:45 PM
    story/rumor was that only Texas center was holding off application...is Nebraska doing that too?


    My attorney said that he received my I-485 application back from Nebraska service center on the 9th statting that priority date is not current.

    My application is I-140 PP(EB3 to EB2 (Nov 2003)PD transfer)+I-485.
    I've got the receipt for I-140 and my application was received by USCIS on June 29th.

    I think my case is different and they would have got confused with everything going on and just returned the application.

    My attorney sent the packet back to USCIS saying that my PD is current in June with the PD Transfer and that they should accept it.

    I'll update with whatever happens.


    Cheers,
    Raghu





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  • jaihind
    09-14 04:21 PM
    I agree with you guys...especially even if they permit 485 filing pending the priority date...it will help a whole lot of people get out of their employer's tyrannical grip and lead a free life.....:) ...I only hope the SKIL bill gets passed in some way sooner.....



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  • DariusMonsef
    05-31 04:14 AM
    America Loves You.





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  • logiclife
    05-24 01:28 PM
    http://www.informationweek.com/news/showArticle.jhtml?articleID=199701809

    Throwing money at scholarships and education incentives dont make people choose a profession they dont like. If they want to be lawyers and doctors and managers, they wont force themselves to go for tech degrees and diplomas just because they get thousands of dollars in scholarships.

    People in this country are lucky enough to go for professions they like to do and they would pay money to get it rather than look for discounts on tech degrees.

    Even if they do get tech degrees, they wont work in that profession.

    So rather than create bogus incentives, why not just impose higher taxes on H1B earning and give that money free to former US citizen computer "Programmers" and cut to the chase rather than create training and education incentives they will never respond to.

    This amendment is for placating US citizens computer "Programmers" and "Progammer's" guild.

    Well, keep doing that.

    See you all in Bangalore and Shanghai.



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  • amitjoey
    01-31 12:49 PM
    can u provide a link. This rule is bad for AILA because of the loss of revenue and hence they were against it. But since this is in the "Final Rule Making" process there's not much they can do. BTW u don't need to have the I140 approved for the LC sub to go thru. U just need the labor substitution approved stamp before the rule gets published.

    go to aila.com, then go to "additional recent postings" (approx - center of page-under -just posted-greyed link) look for -

    Rumor of the Day:





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  • gumpena
    09-17 02:35 PM
    Now about sex offenders!!!



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  • eb3_nepa
    02-05 04:07 PM
    I don't think the only reason is "wife's cannot work".. The other reason for most is changing employers, and career growth while I-485 is in process.


    You can keep changing employers once your I-140 is approved. You need to restart ur GC process but you can keep ur PD (if not revoked) and get a 3 year extension immediately based on the Approved I-140.

    Sure it's not the best case scenario, but atleast you CAN do it. But for most married folk their spouses on H4 CANNOT work without EADs or waiting a year till the H1 quota opens. Even with the quota opening unless your spouse is into business or IT it is VERY tough to get an H1 for the spouse.





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  • kavita
    12-11 04:16 PM
    I sent my message last month.
    I tried to focus on the economy and made my case of how giving me the green card early could benefit US economy in a small way.



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  • sledge_hammer
    02-01 02:14 PM
    In my view H1B problem is directly related to Retrogression problem. Lets step backwards and analyze this.

    Why so many GC were applied at the first place that caused retrogression. Because a large number of people came on H1B to US. All these people who came to US on H1b did not actually had any extraordinary skills. These people somehow got in touch with these Desi Consulting companies and came here without any skill and without any projects. These desi consulting companies applied there GC irrespective of the fact that these guys have a job or not. Some of the people I know have sat on bench for years, living with their relatives, unable to get any job. But they had their labour filed. These knid of people would not have made to US, if these fadudent companies were not there.

    Also big companies, have a policy not to apply GC before one year of service. The point was that these companys will file GC only if they feel that the employee adds value to the company. But with these desi companys people have filed GC even before joining the companys.

    In essence if the GC process was working without these Desi companies, I can bet that the number of GC applied would have been much lower than what have we currently have.

    Substituted labor has further added to this problem.

    I cannot agree with you more. I have seen and met these fake consultants and their knowledge and skill level is zero. I can school most of these so called techies with 5-7 years of experience just with my couple of years of experience and a Masters degree.





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  • darslee
    07-11 01:45 AM
    Excellent idea......need only be singles.....:) :)



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  • fasterthanlight�
    05-30 11:51 PM
    I smell monkies in the near future....





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  • nixstor
    03-14 01:05 PM
    There was a topic where googler had explained that as per DHS employee, unused Eb2 Worldwide goes to Over subscribed Eb2, so Eb2 India and Eb2 China.

    It appears that the policy was always this, but since there were no excess Eb1 in the last couple of years, there was no spillovers in the last 2 years, howeever this year there are higher number of unused EB1.

    In fact the way it appears is :

    EB4 unused ==> spills over to ==> EB1
    EB5 unused ==> spills over to ==> EB1
    EB1 unused ==> spills over to ==> EB2 world wide.
    EB2 Worldwide unused ==> spills over to EB retrogressed.

    So before any spill over to EB3, visas are given to EB2 category.

    Since the unused EB2 visas are given to retrogressed countries, I believe that more visas are used by country that has more retrogression. But if there is any future movement in EB2, than both India and China could experience it.

    From www.immigration-information.com forums, it appears that one of the important driving force behind the visa usage is the actual adjudication of cases from USCIS. Since generally USCIS does not really process enough cases to use all visa's(to ensure they are not wasted), every year there will be a need to have substantial movement in the cut off date to generate more demands for visa's, not just in AOS, but also CP.


    OK. So I am not all by myself in thinking on this. So there must be a good number of EB-2 Visa numbers available in the final quarter for the retrogressed countries.



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  • old_hat
    05-12 05:08 PM
    Sorry nitin my bad. I did not read it correctly. My mistake. I will edit my earlier post.





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  • va_labor2002
    07-26 04:21 PM
    In the US for 11 years now. - 7th year H1B

    Thanks for starting this topic!!! This could be an emotional thread for a lot of us who are still waiting for this rediculously long process of GC!!!!

    More frustrating when:

    Waited for 3++ yrs for the labor cert (PD Sept 2002)
    Just submitted I140 (6/2006) but have to endure the fear that my EB2 will be kicked to EB3, which means RETROGRESSION!
    With H4, wife cannot work. Going to school is too expensive..i can't afford it with my small salary
    Stucked with current company...being under appreciated and under utilized by the current employer...not a place for me to build my CAREER!!!
    Have potential contract jobs/independent consultant positions available (recruiters contacted me) which pay 50% than what i am making now...but can't accept those offers bcos of GC!!!!
    So so tempted to return home for good (sick and tired of the WAIT), but Everyone was saying "u had waited for years now, so why not wait for another year or so to get it..don't waste the golden opportunity" But...but...is it really going to be just another YEAR? :rolleyes:


    Sigh...sorry for venting...but i am really upset!

    Going back to Career options...

    **yeah, i would like to get a PMP cert, but it is pretty EXPENSIVE. But maybe some of us who done that can advice me.

    **About buying houses....really clueless about it...really scare i will get ripped off by people..any advice?

    ** Yes..i want to know more about E-Visa and making $$ via online business!

    Thanks all....

    Sky

    Look at my case.

    1) EB3 PD March 2002. After more than 4 years I got my Labor.
    2) Filed for I-140 . Cannot file 485 now.
    3) H1B 9th year going on.

    One good thing I did ,I bought a house in Dec 2002.Now If I sell the same house,I will get minimum 100K profit. I will get good appreciation now.I recommend you guys to buy a house now. It is the best time to buy a house,because it is "Buyers market" now ! You can make some money if you sell it later...



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  • p1234
    10-04 06:22 PM
    It may not be popular here, but IMHO PD porting within the same filing category can be allowed, but not retaining the same PD if you are "upgrading" to another category.
    I remember one person giving an analogy of a queue in a grocery store. I would like to give a different take on it. One express line and another regular line. Lets say the regular line moves real slow and the express line is well express. However the express line slows down, but is not as slow as the regular line. The person waiting in a regular line decides enough is enough, moves to express line (by dumping the items that exceed the express line limit).
    How would the people in the express line react if the person from the regular line tries to "retain" his or her position by cutting into the express line, stating that he/she was before them, but only in a different line?
    If you think logically, that is the case we have here with category interfiling.

    I would recommend some sort of compromise, as its not fair either to ask EB3 people to move to the end of queue, as all said and done they've been able to bargain with their employer to apply for their GC, while we did enjoy a bit in grad school, and came out with a sense of entitlement. :D

    Some intermediary date, lets say determined by a mathematical algorithm (hopefully not designed by gctest) or whatever is deemed to be a fair date. But retaining the original timestamp in the regular queue is unacceptable to those who have qualified for EB2 before the one porting his/her date to EB2.

    I think USCIS must meet the EB convertors somewhere mid-way to maintain fairness.

    About gctest, what has pissed me off so consistently is his trash-talk, calling EB3 third grade workers, his utterly self-centered attitude and inability to see other side of the story. Over and above that he lies, cheats and changes his story all the time.

    angelfire, before you go and make such a determination, please do understand the root cause of the issue.

    EB3-I processing is stalled, especially after USCIS opened the floodgates and let everyone inside one time.
    Folks who were waiting patiently had their clocks turned backwards and pushed at the end? Classic case of starvation.

    Upshot - some with older EB3 PDs have ported their dates, after qualifying for senior positions based on their academic credentials and job experience and getting jobs under EB2.

    Which is why see an odd 2002 EB2 PD suddenly appearing from nowhere and getting ahead of you.

    How many are actually converting?
    humongous EB3 number stuck in 2002-2003.
    handful people actually converting due to risks involved.





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  • chanduv23
    03-22 11:21 AM
    >> AC21 memo is a real memo.
    Wow, what an ignorance. May I ask, what do you mean by "real memo".

    Read previous post and get enlightened. I can't believe that you guys even don't have distinctions about law, CFR, and memos.

    AC-21 is law.

    Hope it helps.


    ________________
    Not a legal advice.

    Correct. It is a bill that was signed into a law. Though USCIS follows AC21 in form of Memos, the law is binding and that's why we see that AC21 always works . It cannot be compared to the new h1b memo.





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  • rajagopal_04
    12-29 01:59 AM
    Posted Dec 28, 2007
    �MurthyDotCom
    A recent U.S. Department of State (DOS) directive to U.S. consular posts now requires consulting an electronic record for visa issuance in nonimmigrant categories H, L, O, P, and Q. This was first reported to MurthyDotCom and MurthyBulletin readers in our December 7, 2007 article, PIMS Verification Required for Certain Nonimmigrant Visas. The verification of visa petition approvals is now carried out through the Petition Information Management Service, known as PIMS, even if a beneficiary takes an original I-797 approval notice to the interview. The American Immigration Lawyers Association (AILA) asked the DOS to clarify the purpose and the functioning of this directive. In response, the DOS provided this important information to AILA members.
    �MurthyDotCom
    USCIS Must Send KCC Petition Approvals before Visa Issuance
    �MurthyDotCom
    The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants.
    �MurthyDotCom
    Benefits Provided by New Verification System
    �MurthyDotCom
    The DOS has indicated that most of the cases approved for visa processing are being entered into PIMS in a matter of hours. As a result of the new directive requiring multiple checks for fraud and other adverse information, the DOS is able to find forged and altered I-797 approval notices for companies that no longer exist or that never existed. In addition, if a visa applicant has neither an original nor copy of an approval notice and the information has been entered into PIMS, no such notice is required for visa issuance. While some posts still require original approval notices, the DOS is developing clear guidelines to eliminate this requirement.
    �MurthyDotCom
    Negative Effects of New System
    �MurthyDotCom
    Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS. To remedy this problem, AILA has requested that the DOS provide a mechanism for notifying KCC directly to make sure that all the information on an approved petition is entered into the system before a beneficiary applies for a visa.
    �MurthyDotCom
    Conclusion
    �MurthyDotCom
    The DOS has indicated that it is willing to develop a mechanism to address any negative effects of the new requirement to verify petition approval information before issuing a visa in certain types of nonimmigrant petitions. MurthyDotCom and MurthyBulletin readers will be updated on this important matter when there are new developments.





    pkpalta
    07-19 06:25 PM
    I'm like everyone else - 7th year on H1-B. Sick of thinking about my career. I filed my labor in Aug 2002 EB-3 and so I'm also a retro victim. I'm convinced that GC will take another 5 years to come to my date.

    There are few options:

    1. Apply for Canandian PR and then if you are lucky you may get a good job in Canada in IT or else you will end up working in Wal*Mart or some grocery store cursing why you came here. Canadian Companies wants Canadian experience. US experience is not enough! :(

    2. Just enjoy without doing anything and hope that your GC would come before you die. :D

    3. Do some Masters degree. I'm currently erolled in a masters program and would somehow try to finish it. It would keep me focussed and create positive energies in me. Otherwise due to utter frustration, I'm not able to concentrate and work. If you are wise enough you would understand that there is no place for you here in US and you would push off immediately. :)





    chanduv23
    02-01 12:21 PM
    People want to bash consultancies for their practices. I am currently trying to recruit a c++ programmer to work with me, and I find resumes on dice from US citizens and GC holders, most of these resumes are bloated to a large extent.
    Resume bloating is a common practice, there will be very few honest people, it is upto the employer to do strict scrutiny on resumes.

    Let us not associate resume bloating or consultancies with retro situation.



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