Monday, June 13, 2011

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  • DesiPardesi
    08-29 05:09 PM
    Guys, any idea on what happens to GC Process and H1 in case your employer is acquired by another company willing to do similar job.

    My company sold my business unit to another company. I filed my 485 3 weeks ago. I'm on my 7th year H1 which is already extended to Nov 2008.

    Both companies are willing to cooperate.
    Help!




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  • jonty_11
    07-14 01:40 PM
    I think you guys are current with the Aug bulletin only (EB2 India has been on Apr 04 for a while)...I was asking for folks with BEC EB2 with PDs that have been current for a while but still not received their GCs. WOuld be interesting to know and also gives an indication of how fast really USCIS adjudicates applications once they become current.
    Repeating. - It would be interesting to see folks whoese PD is prior to Apr 2004 and still waiting for GC..Can you come forward.




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  • immigrationmatters30
    02-14 07:49 PM
    Nice Post hydboy!! Quick question though, Would you have put the same argument if you have not filed your EAD during july 2007? Guess not..Let us stop this..now.I agree with what you are saying,by the way.

    I hear some people saying childish things like hijacking this thread if anybody says anything different from what they say. What do you prefer, should I open another thread with title "oppose prefiling AOS", nobody wins neither will I or you when somebody does that. Please tolerate others views then they will tolerate yours.

    Without strengthening AC21 if you allow everyone to file AOS then anti eb folks like Grassley, Sanders, Sessions, Durbin will move from targeting H1b to targeting EAD. It takes 6 months to get Perm approval, with pre filing AOS everyone can get EAD in 6 months, anti eb folks and USCIS know that people will be jumping to EAD to escape H1 crackdown, what do you think they will do, they will add amendments and Bills to put restrictions on hiring EAD just like they put restrictions on hiring H1b. We cannot make EAD into another H1b like hell.

    Prefiling should be done to give relief to people who missed July fiasco only after
    1. Remove\dilute same similar job requirement
    2. Make sure EAD is extended without any rfe. USCIS will invent thousand things to issue rfe, EAD should be in a different league to h1 and it should not turn into another h1 where you are slapped with rfe left right and center. Example Pay stub rfe, ability to pay rfe, customer Purchase order RFE etc etc etc, Green card holders don�t have any problem working in these same jobs so why should EAD people face this nonsense (otherwise it is just like h1). Before people complain this will become like a green card, lets me answer in advance, if a person from ROW can get his green card within 12 months of coming to US, why cannot people from India\china who have worked in US for the last 5 to 10 years get the above mentioned relief on EAD. EAD should be superior to h1.the only restriction should be you should work in the same field, i.e. if your labor certification is for Software engineer, programmer analyst etc , then you work in a software related job and cannot become a greeter in walmart :-)

    Without strengthening EAD\AC21 with the above mentioned items you are turning EAD into just another h1.If we push for prefiling AOS without strengthening Ac21 it is a big disadvantage and slap on the face for all the people with older priority date. Because of July fiasco when everybody got current and filed for AOS, USCIS issued GC to people from 2006 leaving behind people from 2003, 04 and 05. USCIS should have gradually moved the dates from 2003 to 04 to 05 that way people with older PD would have got it first. With prefiling AOS it will become a lottery like in August 2008 where 2006 PD got GC over 03,04 and 05 in eb2. Safeguards have to be put in place for order of priority date otherwise USCIS will indulge in this lottery mode and excuse there behavior by claiming they did this to save visa wastage.




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  • thomachan72
    06-10 08:27 AM
    I have a question in case any experts come back today to visit this thread.
    Its reg the point system. We get points for employer sponsorship and number of years of US employment right?
    1) If a person has been working here for 4 years on H1b in STEM decided to leave to canada this week. He then comes back lets say in 2008 or 2009 and then wants to apply for GC. Will he get points for the previous 4 years, even though there was a break in service (canadian trip) for 1-2 years?
    I need to know this because I am contemplating moving to canada (my current employer has filed for LC, which I will then be nullifying). Ofcourse I intend to renter after 1 year or so.
    2) My seccond question-- I am also planning to start a new GC before leaving to canada. Can GC application proceed while you are out of the country? If so until what stage?



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  • franklin
    09-26 12:53 PM
    The Melting Pot diversity policies from the '60s were devised on a spirit of Family Reunification, but also to ensure that the US was not overwhelmed by any one country

    In this spirit the concept of Per Country Quota makes some sense.

    Hermoine, it is not an argument about whether X more go to India or whatever country.

    The problem with Per Country limits makes no sense when the same theory is applied to visa's granted because of Skill. Employability has nothing to do with ethnicity (in fact, there are laws that prevent this type of discrimination by employers). It just so happens that currently India and China, due to their educational focus has a lot of people with skills that American industry wants. Who knows, in 10 years this could change and those skills could come from Mauritius and Lichtenstein and then they would be backlogged instead.

    The main objection with per country caps for skilled employment is that it places discrimination based on ethnicity. It should be fair for everyone, not ones that happen to be from under subscribed countries. The concept of FIFO should be upheld.

    Yes, I'm ROW, and will argue to my dying breath that per country caps for employment must be abolished. It exasperates backlogs and in discrimantory




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  • ItIsNotFunny
    03-05 04:07 PM
    http://www.jingchenglaw.com/frontend/successstories/I_140_01.jpg


    http://www.uscis.gov/files/form/i-485.pdf

    also in the 485 form, please take a look on the right hand side where it says uscis use only....thats where they have "country chargeable," and I guess they are right that they make the determination during adjudication.

    This is confusing. In that case how do they make ROW current or PDs way ahead of India? In other words, how do they know without touching a file that PD of a ROW file is current and is eligible to get GC!

    Think about the flip side. If this is true, then once they preadjuridict all cases, thousands of ROW cases will immediately become eligible to get GC and India / China will not move for year(s)!



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  • copsmart
    01-26 11:11 PM
    What about salary requirements?

    I am planning to move to a State, where the cost of living is low and hence the salary is lower than what is specified in my LC.
    Is that an issue?

    Thanks


    >> Any location restrictions when using AC21?
    No.

    AC-21 job should be same/similar and must be full-time position.


    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • delhiguy79
    07-18 07:52 AM
    OK ... I will wait till Aug 15th to get the receipt notice, if I dont get it by then I will send it with the cover letter that I have not yet received the receipt notice.

    Thanks.



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  • 485Mbe4001
    06-26 12:37 PM
    I am an EB 3 with a PD of 2002 who has watched people substitute and get ahead, use creative lawyers and get GC's, i am stuck and will be stuck for a long time. My job is analytical so i have a habit of analyzing things. I am one of those who feel that the July fiasco created a mess for people who were already waiting, i also feel that the ad hoc FBI name check fix by USCIS screwed the large number of people who had cleared NC after the July bulletin (and missed that bus in the process). I am dealing with the hand that I was dealt.

    I don’t have any animosity against the guys who benefitted by the above changes and have participated in all the phone campaigns, and will do so in the future. After so many years i feel that getting the GC is less of an issue for me (i never had problems in my home country, the only reason for waiting is that we have waited so long in the queue, why leave the queue now...sounds lame, but it’s the gods honest truth.)

    I have seen many examples of each EB group to its own, realize this, we are all in this together and the only way of getting something done is doing something yourself. Do we have a choice..probably not..will desis be desis(or non desis for that matter)..yes most of them will be..it is what it is.


    I know IV is doing its best and there are other groups fighting for HR 5882.

    But honestly, what are the chances for this bill to succeed this year (before election)?

    100% or 75% or 50% or 25% or 0%

    Ron Gotcher predicts that none of the individual bills may pass this year.

    And also that EB3 I may not move forward even next year!

    I am not sure how many EB3 (I) volunteers are there in IV (who are really focussed). Are they getting nothing? The prediction is that EB3 I may go back to Nov 2001 and stay there for a while (or may be for the rest of next year).

    Is the efforts of EB3 (I) volunteers being exploited (indirectly, ofcourse)? What are they fighting for?




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  • vjkypally
    11-15 02:39 PM
    Very true, this is a place for Great Ideas........Thank you for that info. I was not visiting the forums regularly then, and the only time I saw it was when IV core was already supporting it and encouraging everyone to do it. I have seen many great ideas on the forums.



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  • rambo45
    07-02 11:37 AM
    Looks like the Congressman's (Rep. Lamar Smith) office is getting bogged down by the calls.

    I walked around my office and asked every colleague I met to make the call. The last 5 people who called, the person answering the phone rudely asked them to call the local Congressman's office instead of the Representative's office. He did not take any information nor did it look like he was making a note of the call.

    Any pointers, information as to what may be happening?




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  • cagedcactus
    10-10 10:19 AM
    Ok so here is the update on the list so far.

    Confirmed are :
    Cagedcactus, Walkingdude, Simon, Swamy, Chintu25, Amitga, Bestin, Janisal, Siravi, Alien, Curious techie, noGc noProblem, GCcomesoon, miapplicant.

    Maybe:
    FinalGC, Kumar, Lakewalker.



    If you see your name here in correct catagory, you may confirm.

    If you dont see your name in this list, please post and confirm.

    If you change your status from Maybe to Confirmed, please post.

    Lets keep the thread alive and kicking so we can recruit more people.

    I understand that we have friends in Lansing and Flint and elsewhere. Troy is the centerpoint right now, because we have more folks in the area. we will change the location for next meetings upon a common vote in first meeting.
    If you cant attend, doesnt mean you are not active and useful. You are very much an important part of this. Once we get comfortable with each other, and place name to the faces, we can have meetings over the phone, and be able to communicate that way too....

    If you are able to bring a friend or co worker, who is not a member here, just mention it in your post. We can talk to them about becoming a member here at the meeting.



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  • irock
    07-15 07:43 PM
    Can you please post a link?

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
    See under section E.

    E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)




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  • s_r_e_e
    08-17 11:19 AM
    Emails and online statuses were the standard Welcome Notice.

    "we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days "

    another email

    "we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"

    The statuses went back and forth a couple of times between "Decision" , "Post Decition" and "Card production"



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  • jonty_11
    07-18 12:22 PM
    I dont know the whole background...but they say they will use 5000 unused visas per year. Where do these unused visas come from? FB visas?
    Ironic if it FB...that is backlogged years - close to 10 years for some categories and there are unused VISAS....God I cannot understand this..ONLY IN AMERICA THING I think.




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  • ufo2002
    11-08 03:04 PM
    How does passing CIR help us? I didn't really have the energy to go thru the whole bill but it didn't specify what "line" those 20+million ppl who eventually get amnesty will be processed in. If they line up on EB3 or a supplementary bill in the future decides to allocate some EB3 to a "Schedule B" (just for example), then we are right back to where we started (but add more years to the waiting).



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  • angelfire76
    05-30 01:29 PM
    Its funny how some so called indian "newspapers" like siliconIndia are very religious to echo the "statements" and "Sentiments" of these people from other countries. Again, this article states "it is said...bla bla", they are talking as though it has become an epidemic and all the billion plus people from India are gonna follow to their greener pastures. Yes, these countries can do what they need and can do, but for God's sake, dont paint a sorry a$$ picture. They jsut continue to show how ignorant and foolish they are :)

    It's a money making scheme. Couple of weeks ago read a report about UK taking the begging bowl to the IMF and World Bank and an increase in the poverty level. You have so many people on dole on a small island, it's a natural progression that they try to find other avenues for making money. Why do you think they have the transit gates situated such that everybody has to pass through Duty free in Heathrow?
    The robbers have exhausted all their loot and now want more. :rolleyes:




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  • god_bless_you
    06-30 12:01 PM
    Shadegg Introduces ‘Skil Bill’ To Keep American Workforce Competitive
    Rep. Shadegg – “We stand to potentially lose the next technological giants like Yahoo! or Google if we do not keep America’s workforce competitive.”


    Washington, Jun 30 - As the United States works to maintain its economic competitive edge, U.S. Representative John Shadegg (R-AZ) introduced legislation yesterday to help retain the innovative minds of foreign-born nationals here in the United States.


    “We have benefited greatly from the many foreign-born scientists, engineers, health care professionals, and teachers that help keep America moving forward,” said Shadegg, a member of the House Energy and Commerce Committee. “To our detriment, current policy mandates that we educate and train these brilliant individuals and then send them away to other countries to compete against us.”


    H.R. 5744, The Securing Knowledge, Innovation, and Leadership (SKIL) Act, addresses this growing problem by increasing the allotment of H-1B visas, returning to the prior, higher level of 115,000, with potential for future increases. The bill would also allow foreign nationals who graduate from U.S. universities to stay in America and contribute to our economy by joining the American workforce.


    “Unfortunately, we are not graduating the number of Americans with advanced degrees in math and sciences that our high tech and medical industries need to compete. Until we can fix the problem of not having enough highly skilled American graduates, we need to pass the SKIL Bill.”


    Shadegg went on to say, “We stand to potentially lose the next technological giants like Yahoo! or Google if we do not keep America’s workforce competitive. We must maintain our edge by providing opportunities to highly educated and skilled individuals interested in staying here in the U.S.”


    In 2005, foreign nationals earned more than 40 percent of the master’s degrees and 60 percent of the doctorate degrees in engineering awarded by U.S. universities.

    http://johnshadegg.house.gov/News/DocumentSingle.aspx?DocumentID=46437




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  • p_kumar
    07-22 10:52 PM
    Hi,

    Sorry for late jumping on this old topic. But, applied for SSN for my wife and got it in mail. Now what? My taxes for last year were applied in feb this year. How can I tell IRS that my wife got SSN now and she is eligible for Stimulus package?

    Can I claim this amount next year when I file my taxes?

    Thanks.

    You can file an amendment with the ssn information. If you are not sure how, just talk to any cpa.




    GCBy3000
    07-21 10:00 AM
    There is no way for a bank to know when you leave. You might leave on vacation or for a break. As per US law you can come to US after a year break outside US. How does anyone could know whether you are on one month vacation or in one year vacation. I dont agree with this unless it is explained clearly.




    swamy
    11-17 10:13 AM
    thanks wd - I was looking for the comarata dude - & borgas who is apparently an immigrant himself. something like - what shaped their views and informs their opinions - they are extremely passionate and effective and dont hesitate to use personal anecdotes but never from their own life



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