Tuesday, June 14, 2011

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  • Jimi_Hendrix
    11-08 07:06 PM
    Sorry for posting everything onto the forum. I had to do this after several attempts to post the zipped file did not work out.

    Anyways I just wanted to post this list so that we have an idea about who are the newly elected Reps in CA. This will help us if we decide to meet some of them in future.




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  • xyzgc
    09-06 01:50 PM
    ** what type of action are you talking about. Who has the money to hire another lawyer to fight against these people. The only action one could have taken is to leave the company. But as a matter of fact all the desi companies are the same.
    If you are talking about getting hired by big companies then tell me seriously how many companies are willing to go through the paper work and file h1-b. During the 2001 recession tell me how many big companies were hiring.
    A drawback of the big companies is that if your are fired you loose your gc process, if you are working for a consulting company you have option of consulting and your greencard process is still intact.


    I don't think these arguments about smartness vs luck are going to help anyone.
    If EB3-I folks feel that they are stuck too long and getting green is a very high priority item, they would want to move/port to EB2. A lot of people have EB2 portability with the approved 140 and all but many have chose not to go this route for various reasons.

    Is that being smart or stupid?
    Some people feel they don't want to change their jobs and set their careers back. Others are just plain inertial. Still others feel its risky jumping through all the hoops all over again.
    I think if you are just being inertial you are being more stupid than smart but other than that its a matter of choice.
    The visa retrogression relief will happen when it happens. IV's organized efforts can't be blamed.
    If we don't fight, we will not even have a fighting chance.You join IV's organized effort but don't just stop doing your own thing. As pointed out by others, individual decisions are also important and will probably make more difference to you as an individual than the collective community.




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  • Mouns
    04-30 04:47 PM
    "To maximize visa number usage while working off its backlog, USCIS has adopted a production strategy that focuses on completing cases where visas are immediately available and on working cases to the point just short of approval (pre-adjudication) where visas will be available in the coming months. Pre-adjudication includes completing all required background checks and resolving all eligibility issues except for visa availability. This allows for immediate approval and visa number allocation as visas become available for pre-adjudicated cases."

    does it mean that if your EB3 (I) , your I485- file is not going to be looked at for the next several years?

    Yes I believe that's what it means... If you date is not current or not about to become current in the next months, then your case would be unlikely to be adjucated...




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  • mbartosik
    06-23 10:43 AM
    I've already entered details into http://www.trackins.com

    Data was:
    PD 12/19/2002
    Approved EB3 RIR 6/14/2006
    received copy today
    Originally NY DOL
    Philly BEC

    That was 1272 days

    Here is a little good news for most....
    I had estimated that I would get my approval around beginning Sept, but I got it about 6 weeks earlier. I had been tracking estimating etc., also I had asked a paralegal about whether her customers were being processed in order or if people were disappearing into black holes (as a few appear to a trackins.com). None of her customers were in black holes.

    Currently it does appear that Nov and Dec 2002 are being processed at Philly BEC, and in general it does seem to be advancing in date order, with a few approvals now being a few months behind (oldest approval recieved in Dec 2006 was Aug 2002) so the spread was Aug 2002 to Dec 2002 being processed in June 2006. This is based on info at trackins.com and my paralegal's customers.

    Also from trackins.com it appears that most 45 day letters have been issued.
    They made a public commitment (and in court) to have data entry done by end of June 2006 (i.e. next week). So anyone who has not received a 45 day letter by the end of July should be banging on their door. They appear to be close to all data entry done, so that estimate looks to have been credible. Thus their estimate of all applications processed for Sept 2007 gains some credibility.

    Also I based my estimate of when I'd get my LC partly on their estimates of when they'd finish LC processing.



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  • makemygc
    08-02 04:03 PM
    I have talked to a representative and he very patiently explained me about the mess.
    He clearly and very clearly told me that they have a deadline to send all receipts for June end and July 2nd filers by friday (tomorrow) or worst case monday.

    He mentioned that they are working hard to meet this deadline.
    Hope this clears the anxiety.

    Any updates for TSC who sent their applications to NSC??




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  • eb3_nepa
    03-09 11:59 AM
    Ragz,

    So basically have they discussed ANYTHING regarding LEGAL immigrants and relief to them? :)



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  • truthinspector
    01-04 12:43 PM
    I am really appalled at the responses for the facts I posted here on the forum. I apologize to all who are offended by the posts.However I strongly believe that my comments represent facts.Personally I do not believe an individual can "bash" a country. I have certainly erred with my presumption that my opinions/comments would be received with some maturity of thoughts instead of surging patriotic emotions.
    I have expressed thoughts about immigration where some policies of US are severely criticized. At this point I can only urge the community to read/write with a certain openness of mind to have a fair exchange of experiences and opinions.




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  • chanduv23
    06-10 09:35 AM
    Come on folks, lets burn those phone lines.


    Try try try till you succeed



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  • GCBy3000
    01-03 02:11 PM
    I am confused and think about this daily. I am here in US for the past 8+ years and I am 33 now. All my friends who have stayed back in India are in very good managerial position and earning well. Money is not the issue now, but the career.

    I thought about going back to India and when I started the job search, I ended up seeing myself aged out. Being stuck with my GC, I am now continuing as a Sr Software er for the past 8 years. I did not move up an inch all these years and I did not think it is going to affect my career till now. Now if I look back, I sometime think that I have made wrong choices unknowingly.

    In India:

    1. I am not fit for Sr Software Er position as guys from college with 2+ years of experience fills that position.
    2. I dont want tech lead / team lead as I hear from my friends there it is going back 5years for me for my age.
    3. I am not getting project manager position as I do not have any managerial experience.

    If I get a good position in India, I am ready to go back. At the same time, I have two kids who are born here in US and I own a house (technically I am proud owner of mortgage debt not house) here in US. I have to close all my debts before I decide to go back.

    I AM NOT IN CLEAR STATE OF MIND. MAY BE GETTING GC WILL HELP ME OUT.




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  • reddog
    03-12 11:08 AM
    This is SO wrong. I strongly disagree on this new initiative.
    Desperation does not necessarily have to be shown.



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  • gc28262
    08-23 10:01 AM
    Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.

    I agree.

    Here is INA 203(2)A:
    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.




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  • ArkBird
    04-13 03:46 AM
    @OP, Yes. You can open LLC and/or S-Corp on EAD. If you plan on working for the same company, I suggest you do it in the name of your significant other if you are (un)lucky like me and married. Also checkout the option of "LLC filing taxes as a S-Corp". Here is link to more details from IRS.

    LLC Filing as a Corporation or Partnership (http://www.irs.gov/businesses/small/selfemployed/article/0,,id=205014,00.html)



    Cheers

    ArkBird



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  • gc28262
    08-12 01:22 PM
    My wife works in a company where a good number of IT folks are staffed by INFY. The poor quality of work made the company think about not extending INFY's contract. But then it came out in the open that there was no documentation on how the applications were built, etc. INFY got wind of this, and now they have positioned themselves in the organization where without them, this company's IT would collapse.

    There are many such stories of outsourcing firms that are holding client companies hostage. Though I do not agree with the bill, I think the bill brings back some ethics into play. Especially the L1 loophole.

    This is more of the client company's fault than Infys. It is upto the client to demand documentation for all the stuff Infy does. Infy will happily do that.

    I used to work for an Indian IT firm in India in 1998 where our client was a major corporation here. The client used to demand so much documentation and follow stringent procedures that we were spending most of our time in documenting and following the procedures than doing the real work. This company did this happily without complaining. Client made sure that no company can hijack them.

    So it is more of a management issue at client company in this case.

    BTW many employees use this technique for their job security.




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  • mirage
    08-04 03:38 PM
    I'm not getting what's your point. All I am telling this guy and others that I need some statistics and why it is important to me. People who like my point will write them and people who will not like my point but still have the problem will modify the letter accordingly and people who should not care since they are not affected should just ignore this thread and move....

    Did you go over points raised by internet in this post
    http://immigrationvoice.org/forum/showpost.php?p=271211&postcount=12



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  • chisinau
    07-22 02:09 PM
    Agree with you, tinamatthew, regarding H1C visa, but my emploier does not want to waist his time for this, the chanses are too slim to get one of 500 H1C..., so I decided not to mention about it.
    Maybe.... , the july victory might help, I just hope they will approve my DS230 this time, because previous DS230 was out of date, and they asked to submit it again.
    But it is only one case, other nurses are still in the long process with CGFNS, and VisaScreen, then I140, with the huge backlog in the Visa Center , and so on...I am not against all these procedures, I believe it is a necessity, but the long immigration process for nurses is neither fair nor correct from healthcare and economic point of view.
    So I believe for the majority of foreign nurses the July VB is not helpful in anyway.
    Schedule A is our only option!




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  • pappu
    09-13 05:31 PM
    Today I was hoping to exceed my contribution of $300 from yesterday. Looks like it is not goint to happen today. But it will be a bummer if I can't match yesterday's contribution.

    We (GCNaseeb, sunty, bala our special guest and I) need just two more shooter to make a contribution of $100 who have never contributed before.

    Thanks Milind123 for your contributions and leading this effort



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  • santb1975
    06-02 09:51 PM
    We need 2194$ to reach 20K




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  • plassey
    07-21 12:13 PM
    It says at least 55,000
    According to LATimes article
    http://www.latimes.com/business/la-fi-visas21jul21,1,3932099.story?coll=la-headlines-business&ctrack=1&cset=true
    only 55000 applications so far this month.

    "There was intense public reaction," said Bill Wright, spokesman for the citizenship and immigration agency, in explaining the reason for the reversal. "We heard that and did listen."

    Wright said at least 55,000 applications had been filed this month; the window will remain open until Aug. 17. "




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  • GC Process
    12-04 05:01 PM
    Hi Jimi,

    I live in O.C as well. Lets connect! Send me an IM with your contact details.

    Thks!




    nk2006
    10-16 04:29 PM
    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to: Ombudsman
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================

    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number




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    08-18 04:42 PM
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