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Thursday, June 30, 2011

the gold rush tools

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  • nat23
    10-30 10:37 AM
    Gentlemen

    I dont understand why are people trying to correct and change each others thinking & views. This is a public forum and people have the right to post their views. I had another gentleman try and correct me last week . I think it was some guy named "eb3India".
    The kind of language people use is embarrasing. We are all professionals and there are some etiquettes we ought to stick with. Kindly refrain from using sarcastic language against each other.

    If you dont like something ignore it . If you cant ignore it, kindly use proper language to ask the person why he thinks in a certain way. If you dont get an answer that person is not worth talking to.And dont be worried about others getting disheartened. We are all grown-ups & professionals.

    Regards
    Nat





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  • ItIsNotFunny
    05-01 09:57 AM
    This is my first post.

    My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.

    Is he technically correct ?

    Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).

    Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.

    Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.

    This is an excellent point. I would like to raise this up in next IV conference call.





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  • gcspace
    10-12 03:27 PM
    My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.

    Please don't miss this chance:
    Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless. Not for today nor for future.

    USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D

    Can you please give some details on sending delivery notices to CIS Ombudsman office. Address ? Fax ?





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  • amsgc
    08-25 12:57 AM
    Is it possible for an administrative fix at the USCIS where the H-1B worker doesn't fall out of status immediately on losing his/her job? Or would such a provision require a law to be passed by the Congress?

    A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.

    If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.



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  • chunky
    08-31 01:11 PM
    I applied for my I140 in May and it is pending in Nebraska.
    I filed my AOS in Nebraska in July.

    I am in Texas Service center teritory. Does this mean that my case will be transferred to texas and I will receive receipt from texas

    Is anyone in similar situation





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  • gc_on_demand
    05-01 12:10 PM
    gc_on_demand ,

    I am not anti at all. I am trying to understand the law.

    How does a (I485) spouse doesnt have EAD and AP on hand (even if not using it and in H4/L2 etc)?
    Wont they have problem when the dates become current and GC is issued to primary.

    Lets say I have PD of Aug 2007 and If govt makes me to file under EB and my wife under FB. When date becomes current in EB ( which has higer probability ) I will be able to file but my wife will not.

    Now questions will be what will be her status ? If I switch to EAD ? second if govt give them a legal status but they have to wait for 3-4 years to date become current and file for 485.



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  • ArunAntonio
    07-09 06:08 PM
    Excellent job!
    But should we remove the contact number of Vikas Chowdhry from the article -- ??

    Done! Although we might get protests from people claiming this is more Munna Bhai than Gandhigiri!





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  • Siboo
    08-09 10:17 AM
    My lawyer told my checks cashed today. My details
    EB2 -> PD Sept 2003
    I140-> Applied to NSC-> Approved by TSC->March 2007
    I485->Applied to NSC -> Delived to NSC on 26th June-> checks cashed on Aug 9th by TSC

    Anil,
    Did you notice any change in the LUD of your pending or previously approved cases??



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  • pd052009
    09-23 01:50 PM
    Dude... Whatz up?

    If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..

    "EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.


    EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

    EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

    Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

    P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.





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  • Imigrait
    01-30 03:37 PM
    No.

    It is customary to put one year expiration for I-94 for AP entry. It does not mean much.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    Thanks a lot.



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  • Ramba
    07-11 11:39 PM
    @Ramba:
    Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?


    Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.

    Your argument is so nice. If you get a nice, immigrant friendly, kind hearted adjudicator for your 485 application, he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income". I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B. If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporay job; just think how much they will scrutinize for GC. Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.

    AC21 memo is a non-binding memo. Tommorow they may release another memo or regulation that repeal the self employment in AC21 cases.





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  • belmontboy
    05-01 08:21 PM
    If you don't agree. Speak out A#####e.

    people are abusing "red dots". they give out red dots just bcoz they don't agree with other's views/opinions.

    Red dots should be used only if the nature of posting is offensive/vulgar.

    hope those guys learn soon how to respect & engage in a healthy discussion.



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  • simple1
    05-01 03:14 PM
    exactly, spouse/derivate doesn�t get affected at all (other than a shorter or longer delay, depending on calculations).

    Anyways, regardless EAD/AP or green card the derivate cant leave the country longer time. There will be no diff for her.

    They have no strings attached EAD. Look at ours/primary? Can a programmer-EAD take up Project manager Job? Categorically No.

    If the primary gets greencard earlier both (primary with GC, spouse with open-ead) can work/move any place they want.

    Plus it is fair this way for some primary waiting in the queue and there is no law tying EBdependent with EBquota.

    Again, I am waiting to hear a forum-Attorney or IV-core�s interpretation.

    I support finding the fact...

    Following two concerns were raised but the answers should satisfy....

    1) Spouse may not get EAD/AP?
    The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
    Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
    The document only says that the visa must be used from family quota and not from employment quota.
    How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?

    2) Spouse may get GC long after?
    Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.

    In any case let the correct rules be followed.





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  • akhilmahajan
    02-10 10:39 AM
    Thanks a lot gc28262.

    Grand Total - $944

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.

    Sent $25 by DCU bill payer: Conf# 8MWJ0-YG7FV



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  • harpomarx
    09-09 11:22 PM
    All 9 of my checks for myself, wife, kid were cashed on Friday.

    Filed at Nebraska SC July 6th (sent July 5th).

    EB3 RoW
    PD Oct 2003.





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  • surabhi
    04-23 04:30 PM
    You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )

    This is not a personal advice but general appeal to all would be employers.

    I hope you have researched and understood obligations of an employer.

    By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.

    If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.

    For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.

    I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.



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  • dish
    05-03 12:45 PM
    Before SKIL bill there were Talent Bill and PACE act which were pending for a long time. the senate has not taken up the immigration reform debate yet. and it can be postponed forever. So how much hope is there for SKIL bill ?
    Also after senate, there is a bigger hurdle, the house of representatives. Remember the Budget Reconciliation Bill was passed in Senate with the Immigration related Clauses. But was stripped off in the House. So is there any hope ?

    Sorry I am being Skeptical. But apart from some media publicity, IV does'nt have brought up anything good to the Legal Immigrants community.

    Have IV recieved any Positive Responses for the faxes being sent. Will the Backlog elimination Centers Improve their processing speed, and transparency of cases?

    I am on H4 visa, So I am dumped. and Here is my friend who had to resign her job because her 6 yrs limit on H visa. and We are feeling depressed day by day in this UNFAIR IMMIGRATION SYSTEM. Aren't H4 spouses considered as Immigrants ?





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  • reddymjm
    05-02 02:57 PM
    HAHA, true, and reddymjm should be made acting deputy director for this effort like Mr. Aytes.
    I'm glad that he re-edited his language in his previous post!

    You and I would not be here. You would have got ur GC long back ha ha haa haa





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  • raju123
    07-03 01:31 PM
    Please send following message :


    Message to Emilio

    Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the pain. Wish you all the best for future Visa Bulletins for Employment based legal immigration

    Don't worry, we will wait for 100 years for our green card.





    Jyotsna
    09-10 07:10 PM
    I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?

    If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"

    I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.

    Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!

    I totally agree with your Deepak. People have to understand that everyone in this forum is going through the same situation but in a different way. And sharing views participating should be open to all. If one can contribute in any way should be appreciated or else Like you said there should be a wall.





    mani_r1
    09-01 01:53 PM
    We too got the magic emails saying our 485 has been approved. It was indeed a long journey that started back in 2000. Happy that it all ended well. My priority date is Dec 2005. I did create a service request early August which helped a lot. All the best to the rest of the guys who are waiting for the approval emails.



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