Sunday, July 3, 2011

Valentines Day Bear

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  • iambest
    03-26 02:13 PM
    My PD of Dec. 2004, I think it will be late 2010 before I see my date current. I hope we atleast see May 2007 visa bulletin dates in May 2008.




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  • jsquare
    09-15 11:27 AM
    Folks

    First of all, ask yourself the following points before continue reading.

    1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )

    2. Willing to fight for justice.

    If you chose the option 1, please stop reading further and good luck.

    For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Hugh enough to create miracles.

    Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.

    However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.

    Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.

    ITS ABOUT TIME.

    I am in for Option 2




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  • EndlessWait
    07-05 01:28 PM
    The culprit being subjected to Gandhigiri (Gandhi-ism: A strategy to win unjust,corrupt mind by highly unexpected pleasant deeds.)has some shame and self respect.If the target is a moron, he would slap you to death, no matter how many chances you give him.

    In our case we don't even know who the culprit is (USCIS/DOS/Capitol Hill/Anti-Immigrants/Lobbyists). The only thing that would come out of these flowers is a security alarm. I know many would take this as a negative approach, but this is the most logical outcome of this deed.

    On a lighter note, if sending flowers/fruits would have won hearts of the immigration officers, imagine how easy GC would be for those illegal immigrants who work in the farms.

    For all those bouquets your sending... they will dismiss it as some security breach... cmon dont u know by now how USCIS is after 9-11.

    They might just create panic out of innocent lovely flowers.




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  • mpadapa
    10-09 10:33 AM
    This thread is very interesting. Ppl are coming up with various hypothesis to get their own GC fast. Come on folks, the GC system was good when it was devised in 1990. It is just that the system never kept up with the changing times. The inflows to the GC system kept changing (more H1's, L1's....) but the outflow (visa numbers) are still fixed, and hence there is too much overflow and choking in the system. Isn't it time for us to unite and stand as a single voice and work towards removing the bottleneck (visa numbers).
    It is easy to say on forum how USCIS should work, but in reality can it work. For example Just try to convince U'r colleague (sitting in u'r adjacent cubicle) or even U'r boss how to perform his/her work. Then see how the response is. If we (IV members) aren't aligning on basic issue and solution, how much credibility would we be having to go and ask USCIS how they should run their office.

    Come on folks, be realistic. We all know a legislative fix is the only way to solve the current front-log so why can't we organize at various levels (county, state, national) and work towards such a legislative fix. The key to that is to get active in U'r state chapters and do grass-root level work towards a legislative fix.

    If the system is streamlined the out of order processing worst case might be in weeks (can we not tolerate that) compared to yrs now...

    INSTEAD OF SAYING IV SHOULD DO THIS OR THIS etc.... WHY DOESN'T ANYONE SAY THAT I/WE WILL DO THIS SO THAT IV CAN ACCOMPLISH say TASK x



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  • h1bmajdoor
    09-30 12:59 PM
    I have recently been talking to members who have already filed I485 and have used AC21 to change jobs. I noted some limitations people face while changing jobs, getting higher salaries, making use of AC21 for changing more than 1 job.. etc etc.

    It seems there is lack of information on this subject. Let us use this thread to

    - share expeiences
    - List issues you have all faced so that IV can have this information while working on advocay efforts.
    - Make others aware of your problems and do's and don'ts in the community.
    - Interpretation of various lawyers on this and how they have helped you solve your difficult situations.


    Hope this information will help everyone

    AFAIK there is no "more than 1 job change" regulation. You can change as many times as you want.

    There is no need to inform INS. If you wish to be _extra_ safe you may, but be aware that "any information you provide will be used against you". Don't try to be more patriotic than the king.

    As far a salary goes, AFAIK you have to make as much as the LC requires you to.

    The job description has to be "similar". I guess that means if you were writing C++, you can't start driving a truck.




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  • cygent
    02-14 05:25 PM
    Your transaction ID for this payment is: 37X0990761241871V.

    Thanks everyone!



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  • wc_user
    09-11 12:26 PM
    My app was sent to NSC on 7/2 but I-140 approved from TSC. Still no receipts, no checks encashed. Called USCIS, and they asked me to call after 90 days. Any ideas ? Is anyone else in the same boat ?




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  • lfadgyas
    09-10 12:19 AM
    Folks it has been long time I last wrote here � but this visa bulletin made me mad (sorry)
    So I went and downloaded all the FLCDataCenter.com (http://www.flcdatacenter.com/CasePerm.aspx) data from 2000 till 2008. It looks like they recorded all the pre �perm cases as well. After this I exported all the stuff into mysql table and made some calculation on the labor certification data. Unfortunately cannot separate (e1,e2,e3 etc � some may want to try by country but �)
    Again this is PERM � labor certification!!1 - but has to do with GC I guess...

    Time frame 1999 Oct -2008 Oct:
    Sum of cases: 720486, like '%CERT%' = 554635 (certified), like '%Deni%'= 60043 (denials), (Non duplicate case numbers were = 715191 (i.e. 5295 duplicates only from the 720486) )
    There were ~100000 cases with some other �state� descriptions like Withdrawn = 13955, Received Regional Office = 69556 etc;
    Anyway, by grouped years it comes to (sum � certified + denials +etc):
    last action date with "null" entry ?? 34113
    between '1999-10-01' and '2000-10-01' 74048
    between '2000-10-01' and '2001-10-01' 82629
    between '2001-10-01' and '2002-10-01' 89524
    between '2002-10-01' and '2003-10-01' 95552
    between '2003-10-01' and '2004-10-01' 98866
    between '2004-10-01' and '2005-10-01' 6153
    between '2005-10-01' and '2006-10-01' 79939
    between '2006-10-01' and '2007-10-01' 98927
    between '2007-10-01' and '2008-10-01' 61997

    Guess work (nbr of labor certs are 10% less in each group � denials are not removed):
    Still wait - % how many of that group still waiting � (some can give a better guess??)
    Family x � one applicant will present 2.5 visa nbrs or so�.
    Group Labor cert family x still wait 140000<-as of today
    between '1999-10-01' and '2000-10-01' 74048 2.5 4% 7404.8 132595.2
    between '2000-10-01' and '2001-10-01' 82629 2.5 9% 18591.53 114003.675
    between '2001-10-01' and '2002-10-01' 89524 2.5 14% 31333.4 82670.275
    between '2002-10-01' and '2003-10-01' 95552 2.5 19% 45387.2 37283.075
    between '2003-10-01' and '2004-10-01' 98866 2.5 38% 93922.7 -56639.625
    between '2004-10-01' and '2005-10-01' 6153 2.5 45% 6922.125 -63561.75
    between '2005-10-01' and '2006-10-01' 79939 2.5 80% 159878 -223439.75
    between '2006-10-01' and '2007-10-01' 98927 2.5 90% 222585.8 -446025.5
    between '2007-10-01' and '2008-10-01' 61997 2.5 100% 154992.5 -601018

    Do your calculation if you want �:eek:



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  • vij
    06-15 05:10 PM
    Who gets the receipt notices - only atorney or both atorney and employer/employee




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  • GCforme
    01-30 04:57 PM
    And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???

    :rolleyes::rolleyes:

    I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
    There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
    As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
    It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.

    Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.

    The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
    Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
    So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.

    Peace out.

    PS:Aksham,this is not directed at you.



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  • chi_shark
    07-10 11:49 AM
    desi,

    so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...

    what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...



    The problem with self employment is demonstrate
    1. AC-21 job is in same classification as original labor/I-140
    2. New job is bonafide

    In order to show that the new job is "real", one has to show
    1. The business is real, not just paper shop
    2. Business Plan, Funding to support employees
    3. Any contracts, orders etc

    If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.

    The burden of proof, in case of RFE, lies on beneficiary.


    __________________
    Not a legal advice.




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  • desi3933
    06-29 11:41 AM
    .....
    Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.

    There are laws in place, already, for discrimination against applicant having proper work authorization.

    If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.

    Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.

    There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.



    _________________
    Not a legal advice.



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  • zerozerozeven
    05-08 03:05 PM
    I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?




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  • arnet
    06-28 03:20 PM
    thanks waldenpond.



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  • gjoe
    10-09 06:43 AM
    It would be more effective if not effecient. You need not wait until the year end to issue visas, visas can be issued using a mathematical model which would allow old PD filers to get a visa ahead of others as soon as his case comes in and other criterias are fullfilled. Basically no one needs to wait for filing I485. People with old PD will get visa numbers first as soon as they enter the application.

    You're kidding me...How is your suggestion more efficient..????
    So they should keep sorting and moving visa numbers from one application to another based on PD.??
    if thats the case they would have to wait to give GC on the very last day of the year...




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  • gc28262
    06-26 01:42 PM
    Discriminating based on Immigration status is not considered violation of EEO laws.

    EEO protects from discrimination on the basis of race, sex, creed, religion, color, or national origin.

    EEO does not protect immigration status based discrimination. However Immigration Reform and Control Act of 1986 does protect against discrimination based on immigration status.

    https://www.oig.lsc.gov/legis/irca86.htm

    SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.



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  • jgh_res
    12-17 07:44 AM
    Are you trying to be a legal immigrant????? GC is not your right and you are here by choice.

    Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:

    1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.

    2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.

    So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?

    To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.




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  • gclongwaytogo
    10-10 01:32 PM
    Still Waiting.....




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  • SanjayP
    06-25 11:36 PM
    H1B costs company money to employ, also too many H1B and they become H1B Dependent company. There are many reason that are not racist related so think.




    rbharol
    10-24 04:17 PM
    As we get closer to election day it seems that Democrats will have control of the Congress. All the polls that have been and are being conducted show that the Democrats are leading the Republicans by double digits.

    If Democrats win the CIR will get through but the there will be a huge backlog as there arent enough people at USCIS to do the work, which in a way is retrogession. There will be relief for people with advanced degrees but on paper only.As it will still take years for their paperwork to get through USCIS, others will be in a worse situation as the waiting line would be huge.

    If Republicans win there will be no CIR as pointed out by others in the thread. However, SKIL might get through and that will help shorten the waiting period for people without advanced degrees.

    Based on my analysis (which might be completely wrong), I think we are better off with Republicans.

    You may be right but world does not run as per our wishes.
    If it did, I would wish only those senators and Congressmen getting elected who would support SKIL Bill :) No matter what party they belong to!




    maine_gc
    09-24 10:47 AM
    EAD applied on Jun11th approved at TSC. Received cards yesterday.

    To my surprise my EAD is valid for 2 years.

    My PD is Nov 2004 EB2
    I140 pending at TSC.

    I thought 2 year EAD is only for cases that had approved 140. Is it not the case?



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