Wednesday, June 29, 2011

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  • mchundi
    05-03 03:50 PM
    MC:

    The language is clear. IT talks about premium processing to adjust status for EMPLOYMENT BASED IMMIGRANT petition...H1B premium processing is a done deal....
    Thanks bkarnik,
    Does it mean those who PD is not current can pay more and file for AOS or those who pay more get faster adjudication?
    --MC




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  • JAYASURESH
    05-05 04:46 PM
    what is prediction on eb3 PD: 2nd Feb 08?




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  • sanhari
    10-18 04:26 PM
    Can you all please try to contact USCIS/DOS/local congressman/woman with your request
    for EB Spillover visa usage based on the oldest Priority date? If you have already done it please do it again, if not, please do it. Let us try our best to see something can favor us to see our green card atleast this year.




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  • krishnam70
    07-02 09:02 AM
    That thing is there for quite some time now... like more than a day. nothin new about it. just search the forums and you will be able to see what it says.

    true



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  • satish_hello
    08-13 10:53 PM
    Hi all,

    My application Sent on 5th july to NSC, Received on 6th by NSC, any body got the receipt number filed after july 2nd.

    I am seeing people are getting filed on july2nd.

    I will update once my check cashed, pls. kep the updates.

    -satish




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  • sayantan76
    07-08 03:34 PM
    I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.

    It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes.

    Supreme Court does not give the Government the authority - Supreme Court does not make laws - the legislature (Congress) does - the judiciary can review the laws and decide that it violates the fundamental rights enshrined in the Constitution for Citizens or go against the basic fabric of the Constitution

    That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Employer cannot be forced to process any immigration related paperwork against its wishes - otherwise it would infringe upon their fundamental rights as a registered business entity incorporated within US; nor can the employer be forced to take a risk that it would spend time and money hiring and training someone on EAD only to risk losing that person in a year if the 485 gets denied and so on.Even if the court does not do anything, it will go a long way in people and common people realising these issues.

    I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.

    I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day

    while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause



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  • arnet
    06-27 06:42 PM
    please visit http://www.usinpac.com/indian_americans.asp, USINPAC is a very influential indian americans organization. usually they gather support for all India related bills.....

    for IV core team: please contact them to get their support especially for CIR bill. thanks.




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  • simple1
    05-04 11:39 PM
    Well since INA doesnt specifically state anything regarding this, the regulation CFR takes over.

    Our focus of discussion is ebquota, how much and who is eligible. That is clearly documented in INA.

    INA also clearly describes family based.



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  • nk2006
    10-05 02:45 PM
    nk2006,
    please post contents of that yale article (your link is not working).

    Try this: http://www.yaledailynews.com/Article.aspx?ArticleID=33577
    That article is too big, so I avoided copying. I am pasting some sections that discuss about future course below (again the article maily talks about h1b visas and how the lack of number is affecting foreign fresh grads, giving example of Ivy Legue colleges like Yale and Harvard):

    Future of the H-1B program:

    The H-1B visa issue might be slow to change because it is tied up in the larger debate over immigration reform, Yale-Loehr said.

    "A lot of immigration issues are not being solved until the larger issues are solved," he said. "It's like anything in Congress - it takes a long time to pass a major bill that seems controversial."

    In the past year, both the House and the Senate passed immigration reform bills, which are still pending in Congress. But the two bodies approached the issue of immigration reform in very different ways.

    The House bill - passed last December - focused on the strengthening of border control, while the Senate bill - passed this past May - took a more comprehensive approach to immigration reform.

    If enacted, the Senate bill would increase the number of H-1B visas to 115,000 for one year and use "a market-based calculation" to determine the cap for each subsequent year. The bill would also increase the quota by 20 percent if the previous year's quota is reached and would exempt aliens with advanced degrees in science, technology, engineering or math from the H-1B limit.

    The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
    Schuck said he thinks the immigration debate is often more political than practical, and divisions do not necessarily fall along party lines.

    "Immigration has strange political alliances," he said. "I would guess that there are a number of Democrats as well as some restrictionist Republicans who have supported the restriction of these visas."

    The Bush administration has supported comprehensive immigration reform and increasing avenues for foreign workers to gain employment legally, according to CNN and the Washington Post, respectively.

    Alumni differed on how much the H-1B shortage affected their lives. Some students, like Konieczny, said not receiving H-1B status was highly disruptive to their lives and future plans. But others said that while changing their plans was inconvenient, not getting a visa this year will not affect them greatly in the long-term.

    "I am doing the same kind of job, just in a different office," Yue Zhou said.

    Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.

    "Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."

    Bicalho said students should be proactive and involved in the application process.

    "Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."




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  • chakri_28
    08-13 03:35 PM
    I got all my receipt numbers from the cashed checks. Checks cashed on August 9th.

    Filed applications at NSC.
    Received @ NSC on July 2nd.



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  • jindhal
    09-24 05:11 PM
    I refuse to even comment on that analogy. :rolleyes:

    cat got your tongue ?




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  • eb3_nepa
    08-18 02:45 PM
    Is it fair to have an EB2 person write - what "a" unfair system :eek:

    Yeah tell me about it! It is not enough that Eb3 gets screwed left right AND center. Now we have people applying pressures from the top and bottom as well, and to top it off, Eb2 people who:

    1) Get ALL the spill overs from Eb1 and
    2) Have fewer people drinking from their pool (As opposed to every tom dick & harry taking their share from the Eb3 pool, nurses to name a few).

    now complain that the system is unfair coz processing is not sequential. So everyone in the core team, please forget all about the people suffering in Eb3 and focuss SOLELY on the Eb2 people. Actually dont even focus on all EB2, just the fact that EB2 is not being processed sequentially.

    What a load of crock!!



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  • sunny1000
    07-08 05:54 PM
    H1B is a non immigrant visa, and we dont have the full constitutional rights, for eq we dont have the right to vote.

    Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,

    If USCIS denies GC for security reasons, you cant sue them.

    It is not the U.S constitution or the constitutional law that is in question here. The lawsuit is being filed to simply determine if the laws were broken when this visa bulletin fiasco happened. If so, the courts will give relief. The laws of the U.S extend to everybody (citizens, GC holders and non-immigrants) who lives on the U.S soil.

    It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).

    But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.




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  • anilsal
    07-07 02:20 PM
    Give me credit for inspiring you all with my signature.;)

    Let "Gandhigiri" win.



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  • hindu_king
    05-08 03:17 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?

    Absolutely we should do it. It's going to be expensive but we should at least try to talk to a lawyer first and find out if this is winnable. Lawyers can quickly examine (for some hourly fee) and determine if indeed these Country Caps are a violation of US discrimination laws. If Lawyer says we got a point to argue then we can ask the lawyer what the costs are going to be to bring the lawsuit. Thats part 2 and thats a different story. If it's going to cost something like a 100,000 dollars, we can try to raise the money somehow. or maybe we can make it part of the law suit that if we win the case, the losing party will pay the legal fees. we need to talk to lawyers first about this issue and we can do it individually.




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  • sayonara
    08-20 04:18 PM
    Thanks for ur response. Whats the number to call?



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  • aquarianf
    12-17 10:08 AM
    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?

    We also came here in early 99. One of our friend came 98 and renewed ead 3 times. One of my husband's colleague is here since 95. My husband's coworker s from his first/second employers who came during same time are close to get citizenship. If my husband wouldn't have switched his jobs for his carrier advancements and salary then we also would have applied for citizenship by now. But we don't regret our decision at all. We feel sad sometimes but depressed by not getting GC by now, instead we spend that energy in advancement of our skills and carrier. We have many people among our friend circle who are waiting for GC for many years but we decided to enjoy our life as much as we can and not to bring any GC related depression in our life. If you have such friends among you then it becomes very easy to get out of this depression.




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  • hsingh82
    05-12 06:48 PM
    :D it depends on whom you want to send to ?

    When you send flowers EB2 gets retrogressed No will care if ever we have to send flowers as a united group... Are you going to address that as Eb2 Retrogressed campaign ?

    Support IV dudes... :)

    Even if you send flowers to USCIS, do mention that it is a protest. If nothing is mentioned they may think that citizens are happy with June Visa bulletin's development and forward those flowers to Ghasleit and dustbin to kick our ass :D




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  • paskal
    07-08 10:31 PM
    This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.

    As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.

    Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.

    We need to concentrate on issues that support accepting July AOSs.


    that is why i am raising it in that manner (and not mentioning security)
    they are actually issuing those approvals in july
    i am saying- until the LAST APPROVAL is complete, GC numbers are available.
    they circumvented that by pre-alloting the numbers to cases
    these cases could be rejected in the final days and a number would be back in the pool. therefore they should accept aos until they have approved all those cases finally
    the pre-allotment was a sleight of hand to avoid the filings. they are actually doing the july approvals now as we speak and sending them out.




    immigrationvoice1
    10-08 10:29 PM
    Answer to question 1: Yes you can, but make sure that at least on paper the job responsibilities remain the same as the job for which your present employer sponsored your GC. The designation can be anything.

    Answer to question 2: USCIS is not very clear on the percentage increase/decrease in salary that a person should draw in a new job from the job which sponsored the GC. However, it says, that there should not be a huge disparity between the two. Looking at the figures that you provided, it looks like a huge disparity. I am pretty sure that the "bonus" in your first job was not accounted for in the salary which was mentioned in the LC by your sponsor. Even if they did, the difference seems to be huge. If it is possible, ask the BIG employer to offer you the same amount of 65K as salary and the rest as "bonus".



    Hi All
    I will ask you in a specific manner .Will you guys help me?

    1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?

    2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
    Can I accept the 'offer' based on the above points and use my EAD?
    Or is it a violation of AOS rules?
    Appreciate if you throw light on this specific case
    Regards
    Hi Tech Coolie




    aniraj
    02-03 03:37 PM
    All the best to you. You must have thought & compared all the limitations.
    In my opinion the issues, advantages & disadvantages change from country to country. It depends on a person how S/He applies those yardsticks during & to particular circumstances. One thing I can not agree more about is the opportunities in education available in US compared to India. I know people will be all over me after saying this but inspite of cost being the factor (which unfortunately is also a factor in case of some good institutions in India now) the avenues available to young generation in US irrespective of their cast/religion/race & financial ability is comparitively greater in US.
    More importantly most of us will be able to adjust to changes relatively quickly but if we have kids who are raised in this system & are at high school level it will be really challanging for them to enter the system in India.



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