Tuesday, June 14, 2011

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  • fggc
    07-23 09:27 PM
    Dont mean to dampen your spirits, happy for the poster of this thread. Could have been lucky to get approved while people like me ( Sep 2003) PD waiting 485 filed 3 yrs ago.

    anyway cheers -- go partying

    I wish everyone here will get that magic email and be partying as well




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  • langagadu
    09-15 11:01 AM
    Whay are you jealous of people who are porting? Why can't people go from EB3-EB2?

    This is different from the Labour substituation, if a person filed in EB-3 in 2001and gained 7 years of experience, if the company is promoting him to the next higher position, it is very much acceptable for USCIS to promote his EB-3to EB-2.

    I don't think USCIS will not give any shit to anything you are trying.

    Once you have approved I-140, that date is your's buddy. Jealousy suckers.

    So what you are saying is, everytime you apply for a I-140, all your previous I-140's should be dropped. Is that you want. Do you realize they can not do this as an Admin fix?

    So basically you want to get Green card and be happy and everybody else should die in the f***** queue.

    WHY DON'T YOU USE THIS F****** ENERGY FOR SUPPORTING (EMAILS, CALLS TO THE SENETAORS) THE RE CAPTURE BILLS.



    People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.

    I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.

    If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.

    This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.

    These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.

    If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
    Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.

    This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.

    If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.

    I want everybody to get their GCs. I also am OK with the wait.
    But anything that threatens my position in the queue is not acceptable.




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  • indio0617
    03-09 11:31 AM
    So they'll probably take out schedule A workers(Nurses etc.) from EB3 category


    I am assuming that will be the end result. It means they will not be counted against any VISA CAP.




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  • gk_2000
    08-23 10:31 AM
    They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO

    Envy, jealousy, and crab mentality will be our nemesis. If you think it's easy to get into eb1 then why waste your time? At least this category gives some incentive to progress in life. Why rock this boat?



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  • amdn123
    09-10 02:01 PM
    I guess we have till September 30 to hope for approval.
    PD Nov 2005.




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  • surabhi
    07-18 05:45 PM
    Set up for $50 recurring contribution. Never in my life did I felt so charged up as I did in last few days. Thank you IV for inspiring.

    I feel there is value to creating atleast "paid members only" section in addition to regular free zone, so that quality of dicussion is elevated.



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  • hebron
    10-29 08:56 AM
    Hi Hebron,

    I have filed EB2 & EB3 with the same company (As explained earlier). EB3 as Programmer Analyst and EB2 as Database Adminstrator ( MS + 2 yrs exp.). I think it is better to take some expert attorney advice on your case. It does not hurt if you consult ( or crosscheck ) with some other attorney about your case. Most of the legal experts charge around $250 to evaluate your case and suggest.

    Best of Luck to you.

    Thanks.


    Hi 9Years,

    Thanks for the information! I will consult a another attorney.

    I was looking up the SOC job codes and I noticed is that in your case the SOC job codes are different. (Programmer Analyst 15-1021.00 and Database Administrator 15-1061.00.)
    In my case both Software Engineer and Principal Software Engineer falls under the same SOC code.

    This could be why my attorney thinks my case is not portable with the same employer.




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  • kutra
    03-17 10:18 PM
    One More Time,it is proved that we are unwanted group of people, even though we pay the highest social security tax.

    Shame on You IRS !!!

    Why don't you listen to others on this forum? No one is out to screw H-1s and/or GC aspirants as far as the rebate is concerned. Read the previous post by gg10004. The law is not differentiating between a H1 and GC aspirant or a US citizen if none of them have a valid SSN. It is just unfortunate that H4s do not get SSNs. So stop getting paranoid.

    Moreover, your response that your title "No Stimulus Package to H1's and GC Aspirants - Again We Loose 1200$" is justified because titles are not for stories or whatever makes you look like an utter idiot. Titles are for accurately reflecting the gist of the thread. If you have an issue with adding 5 more words to reflect the reality, then add only one word: "No Stimulus Package to SOME H1's and GC Aspirants - Again We Loose 1200$".



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  • Green.Tech
    06-20 02:38 AM
    No more Heroes!




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  • gsc999
    07-15 04:12 AM
    GSC999 is back..Yay

    Hello Santb,

    Thanks for the welcome, good to see you too. Hope things are well.

    Finally made it through the hectic work schedule.

    Lets get some things done. We have the San Francisco 5K walk/race coming up too. Gotta get ready for that.

    This is a shout-out to Bay area members. Contact Nola, Santb or me to participate in this event.

    Cheers

    g



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  • ilwaiting
    04-25 12:50 PM
    This was one one of John Kerry's Presidential campaign proposals. you saw what happened right. As the other member said it would be something very difficult to get pass by rule makers.

    How about something like,

    If a person has stayed in US for 10+ (or 7+years) years and has filed taxes(verified thourgh 1040s), he should be given GC. No questions asked(other than the ones the affect security of USA)




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  • bluekayal
    08-23 04:54 PM
    Rest easy folks:

    Mayorkas said he was determined to “get it right and get it fast.” “The community deserves consistency,” he said. “These are our customers, and we are committed to improving customer service.”

    The latest example of the changes wrought by Director Mayorkas is an opportunity to allow the public to comment on interim guidance memorandums before they becomes effective in final form. This type of pre-effective-date chance to comment never happened before with the old INS or the pre-Mayorkas USCIS. The early-peek opportunity for comment allows the agency to withdraw with dignity intact from a position that stakeholders may show is contrary to law or legitimate business practices. For example, USCIS is now accepting comments on a guidance memo with a dry title but a topic of great significance to many prospective green-card applicants with high levels of accomplishment: “Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions.”

    This particular guidance memo arises from a debunking the agency received from the Ninth Circuit Federal Court of Appeals in Kazarian v. USCIS, 596 F.3d 1115, C.A.9 (Cal.), March 04, 2010 (NO. 07-56774). The Court in Kazarian held that USCIS (in this case the Administrative Appeals Office) may not “unilaterally impose novel substantive or evidentiary requirements” without support in the Immigration and Nationality Act or agency regulations.

    While Kazarian dealt with EB-1 (extraordinary ability or achievement) green-card eligibility criteria, the interim agency guidance cited extends this also to the EB-2 immigrant visa category for exceptional ability aliens. In my view, USCIS should have issued a guidance memorandum more broadly. Stakeholder feedback should have been issued on a guidance memorandum (which I’d be happy to craft upon request) entitled “Illegality of Unilaterally Imposing Novel Substantive or Evidentiary Requirements.”

    Nation of immigrators - A public policy blog on our dysfunctional immigration system � The Dark Sides of Immigration Fame and Anonymity (http://www.nationofimmigrators.com/?p=349)



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  • spicy_guy
    09-02 01:00 AM
    I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???

    Came in Dec 1990
    Been on various visas including F1 (grad and undergrad) and H1.
    Didn't get to file GC till 2007 unfortunately...

    Oh Man! You should be in your 40s now....And you are still waiting for GC. You must be knowing this. You will have to wait for 15+ years more for your DMAN GC!! By that you may have been retired.




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  • bsbawa10
    09-12 10:03 AM
    The campaign will fail in my opinion. Because anytime you ask people to spend money, many will not. Such activity and motivation for the campaign will die out next week when visa bulletin fever is over. We will again get agitated next month same time. So unless we figure out a campaign idea that costs us no money, it is bound to fail. I am for a phone call campaign. Or if we really want to do something big, we should do a rally in DC with 10 thousand members.


    I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.



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  • satishku_2000
    07-05 05:10 PM
    CALL your state senators. State senators are interested in listening from people who reside in their respective states, Cause they technically represent them. So they want to hear what affects their constituents.
    Call your state senators first, then call your house reps, (remember logfren is a house rep) and then the others.


    I did that already ...:)




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  • khukubindu
    01-18 06:24 PM
    Hi,

    USCIS online status showed that my Approved AP was mailed on Jan 8, 2008. Looking that I bought ticket for travel on January 29, 2008 but untill today I or my attorney did not get the approval letter yet. I am under very mental pressure whether I will get it by Jan 29 or not. If I have to change my travel plan there will be huge cost involved as I have to change four tickets.

    Do any of gurus have any idea what should I do ? My attorney is not helping me. In my area (Washington) no infopass appointment available before Jan 29. Do you think walk in into the local office will help me even if I dont have any appintment ?



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  • vjkypally
    07-20 09:42 AM
    BTW how did Obama vote?????




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  • spicy_guy
    11-08 05:15 PM
    Wow! Just in less than 2 months? What about the Ad stuff? Does this include everything?




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  • maddipati1
    11-21 04:00 PM
    But.. when AOS(485) is denied, won't the underlying 140 and for that matter labor is also denied?



    I think you are wrong ( I just think)

    H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.

    So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.

    This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...




    AllVNeedGcPc
    03-22 10:05 PM
    ... thanks for sharing.

    My First Post :

    Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.

    Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
    I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.




    satish_hello
    10-16 02:20 PM
    Hi all,

    I am planing to send letter to ombudsman for I-140 , can you some one tell where we should get sign from my employer. i mean which section Employer should sign in that form.

    Can we send 7001 form without employer signature.

    Thanks



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