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  • 9years
    12-10 08:00 AM
    Hello 9years: Thanks for sharing the info all along. A quick question:

    I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.

    Is this recommended or should we do regular premium 140 and request date porting once its approved?

    If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?

    Thanks,
    Hi AllVNeedGcPc,

    Congrats on your labor approval. As already mentioned doing premium does not hurt but it will expedite the process(to my knowledge). Talk to your attorney and company. They are the one who supposed to take decision. In my case Eb2-140 approved copy has priority date of EB3. Porting request also does not hurt and it could do better. Best of luck.




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  • gc28262
    08-23 10:01 AM
    Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.

    I agree.

    Here is INA 203(2)A:
    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.




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  • SA EB3 Retro
    08-13 05:19 PM
    Congrats: I feel better after seeing your posting. Mine too was received by R William at 7.55 on 7/2. May be it is on way too

    Thanks. It appears they are working their way through the July 2nd filers. I was getting quite nervous as my current visa expires this year and is non-renewable. If the checks had not been cashed last week, I probably would have re-filed the paperwork this week. (If my attorney thought that would be in my best interest.)

    Best of luck to you and all other's that are still losing sleep over this. ;)




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  • quizzer
    07-06 02:16 AM
    Please digg

    http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled

    jus dugged

    excellent article



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  • chintu25
    08-02 03:50 PM
    Dudeeeeeeeeeeeee,

    Thanks for another twist in the everlasting rollercoaster

    :D :D :D :D

    :confused:




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  • satyasaich
    08-14 06:55 PM
    """The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September. """

    Let's understand it ! I'm sure you are aware about July 2007 Visa Bulletin fiasco. It made every category "C". Before that in June 2007 bulletin - they moved dates for EB3 & EB2 singnificantly. For EB3 India - it moved from May 2001 to Jun 2003 - People who filed their AOS are 'June' applicants and People who filed because of July 2007 bulletin are 'July/Aug' applicants

    DOS refering to these June applicants means having PD earlier than Jun 2003. I hope its clear to you.

    If one thinks with cool head, what you said makes sense. also if you remember when EB3 (I) was actually retrgoressed on Jan1/2005, the PD was jun/2002. Then it was retrogressed all the way back to 1999 or something. Later on, slowly it came up to March/2001 & stopped there for a while due to the so called 'Hump' (due to 245i cases, i think)
    AND slowly but steadily PD for EB-I crawled up to Nov/2001 until May2007.
    Suddenly in June'07, the PD was advanced to June/2003 and i know so many pending cases were cleared around july and august of 2007.
    So far what i've mentioned are all facts only.
    Now looking forward for fiscal year allocations starting from Oct'2008, i can say the PD for EB-I will begin atleast Jun'2002. May be even a better PD but i'm not sure. For sure there is a good chance of making progress to end of 2003 when it comes to Sep'2009. This is based on availability of only those visa numbers as mandated by law as of today.
    Any comments



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  • willwin
    04-03 10:00 AM
    Administrator,
    can you please CLOSE this thread, please ?

    1) It's annoying to see grown up ppl fight like children.
    2) This forum needs to keep it's focus. Members are supposed to help each other and our cause. We are IV and IV is us.
    3) we do not need internecine fights, that digress's from our mission.
    4) This thread is contributing to wastage og volunteer resources, computer resources, temperments and increasing member frustations and BLOOD PRESSURE.

    I humbly request you to put this to rest by closing this thread.

    Amen.




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  • Green.Tech
    06-05 10:55 PM
    Amount: $50.00 USD
    Transaction ID: *1701P

    Please come forward and contribute guys!



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  • rajan1976
    09-11 02:52 PM
    Contributed nominal amount of $100. I won't be present at the rally but will watch it on TV.

    Google Order #833674975303179

    Good luck to all.




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  • HV000
    09-28 06:45 PM
    Oh Law Firm Update :

    09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007

    Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.

    This is horrible. We need to know how many numbers have been wasted due to notorious inefficiency of USCIS. This also raises an important question why DOS does not allocate the entire 140,000 on Oct 1st when there is tremendous backlog in the system. Also, it is ridiculous that USCIS does not release the Number of backlogged applicants in its system.!!



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  • swissgear
    08-24 12:00 AM
    Context is everything

    And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal

    And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities

    GK, All I can say about your disconnected arguments are one thing. Myself and Nathan are talking about fairness about the system and on how corporates exploit the loophole thereby exploiting the hardworking individuals like you and me. We never here scolded and ranted about the program and as a matter of fact we are having issues with the so called "LoopHole" But your arguments are going in a completely different direction. You can re-read all of our posts again and see where we mentioned anything about ranting against the program.

    And BTW FYI, I never worked for TCS. And to let you know, I did my Masters in Soft Engg from BITS and Bachelors in Technology. When I say I got paid 65k for the kind of service I did to the company(5 yrs ago) , itself says a lot of things on how companies exploit which has no relation to the number of yrs of experience and qualifications.

    All that matters for those companies is whether client is made happy or not, irrespective of what you undergo. FYI I worked company starting with W (top 3 IT companies in India at that time) .

    Let me explain you how this works.....Exactly as to how it happened in my case.

    First you are given ransom salary offer say 30-40% more that what you might be earning and an immediate on-site offer within 12 months of joining the company. You feel pretty happy with all of those initially.

    Later they send you onsite as promised on L1 by making you wait for 1 yr, (even when they can sponsor you H1) so person would be eligible on L1. Things will look good until now.

    While sending you to onsite, no one will let you know what kind of salary you would be paid. Things will start to get interesting from the moment you land in US.
    You are paid just a week of hotel stay(extended stay) and 1 week car rental(only if you have valid DL). You have to beg / borrow for a ride or take public commute if available.

    After 2 days of settling you will be given a salary letter stating that your salary is 50k with a bonus of 5k.
    This is the catch. The companies feel that sending a guy on site itself is a big deal. Logically you think that person earning more at offshore than the other person will also get paid more. Its not the case, everyone at onsite are paid the same, irrespective of what their salary is are offshore(only 2 salary ranges exist).And there is no offshore component, and the pathetic thing about it is, you are paid basic salary at offshore deducting from your onsite salary.

    Also, just so you know, and onsite person playing a manager role is just an additional responsibility and not a dedicated role. So this is on top of your regular technical role.

    And now comes your GC step. After you spend 5 yrs onsite, since you have to leave back after 6 yrs, the company will file in EB1-A and thereby getting your GC. After you get your GC, you are already out of touch from the rest of the world except from your daily offshore/onsite issues and so on and you would not be able to know as to what exactly you can do with your GC. All that happens is you will not be fit to work anywhere except the place you were working at. This has happened to many of my colleagues. I was lucky enough to get out of that chaos after my 1 yr at onsite. All I can say is I'm very much happy now with GC filed in EB2 and making much more that what I used to ...

    BTW your comment on someone working for $1 or 30k is for their own noble cause and you cannot expect everyone to have that.
    And coming to a conclusion about someone who you do not know about is uncalled for...




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  • himu73
    09-09 12:16 PM
    I'm looking for homeloan options in India. Which bank would be good to apply for home loans.
    Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
    I would appreciate it if anyone can give me few suggestions on this.

    Thank you.

    1. This is the best bank in terms of interest rate.
    2. They have daily reducing calculation of interest which itself will save you 30/40K rupees over ICICi/HDFC etc.
    3. they do not charge penalty for early repayment.



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  • anandrajesh
    08-12 11:14 AM
    So much for unions to support them for mid term elections.. Come next year, if dems still have same majority, H1B/L1B word will be removed from India's IT dictionary..

    All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
    I wish the Democrats lose big time and lose their hold from Senate and house.




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  • Totoro
    05-02 09:25 AM
    Please contact me, PM or post, if you are willing to be interviewed for a news story on this. You should be a professional in the San Jose / Bay area, although anyone in California should contact me. I will forward your information to the reporter.

    On a related note, I have gone through the laws and regulations and the SSA is required to provide SSN for valid non-work purposes. I have compiled an extensive argument to support this case and I am currently in the process of getting the SSA to recognize the stimulus payment as a valid reason as required by the Social Security Act. If my petition is successful, it will set a precedent for others affected by the ITIN rule.

    Also, you are not a nonresident if you live in the USA. According to one of the replies I received from the SSA.

    "Under the IRC, therefore, an alien who is a nonresident for immigration purposes (i.e., not admitted for permanent residence) may be treated as a resident for tax purposes, if he meets the substantial presence test. Therefore, he could be eligible for the tax credit. However, he may not be eligible for a SSN if he wants one solely for the tax credit."

    I disagree with the last sentence and I am currently beginning the appeals process. I am willing to share the regulations and laws that support my case but I am wondering how to best share this information with others who may also want to get involved.



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  • Green.Tech
    06-11 10:46 AM
    Let's see who the first HERO will be to break the pattern of 2 days of zero contributions...




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  • vbkris77
    02-24 12:14 PM
    With US becoming in-tolerant to Legal immigration, Australia moving to toughen rules, BNP winning seats in UK, Singapore curtailing immigration, India denying visas and the list continues..

    It is clearly the order of the day.. We human beings forgot that it is basic human right to immigrate as recognized by UN. We are on verge of becoming herding animals if not more restricted.

    I hope things change. But I think it is going to change by the time most people don't care anymore about immigrating.

    I have seen/heard of Indian elite university students declining US offers just to avoid immigration headaches.. My close friends back in India are kind of joking about those waiting in the line just to get the papers filed to move to any other country than India.

    This year H1B quota is an eye opener. I think the trend continues next year and year after.

    But most of the times, all governments realize about the ground reality only in the end when the damage is made, not when it started.

    Such thing can never happen. Also, don't lose hope. Look at how the world was before. Slavery, racism, castiesm, untouchability, intolerance, poverty etc.... it has always been a struggle to navigate through all these barriers and we are still navigating.

    Basically the attitude is "when my house is burning why should I accomodate these people" - it is how the world is and we have to navigate.



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  • sroyc
    07-11 01:25 PM
    There could be two reasons for this huge forward movement for EB2.

    1) They want to minimize wastage by making more visas available for CP.
    2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.

    Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!




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  • gsc999
    03-17 09:33 PM
    All tax payers are eligible(atleast mostly)

    folks like Bayarea07 are plain and stupid
    --
    Lets not be so harsh. Bayarea07, thought he had a valid concern, although it is not true.

    Did anybody notice this in the IRS communication that was sent out to taxpayers:

    For taxpyers, the amount of money will be "reduced" or " completely phased out" for individuals making adjusted gross income or more than $75K ( or more than $150 if married and filing jointly).

    How about that?




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  • learning01
    04-25 09:30 PM
    We are not changing laws, we are petitioning. We are educatiing the various sections of American society, lawmakers, fourth estate.
    We are asking for the rationale for collecting the Social Security Tax and Medicare, when you don't get its benefits. Pure and simple. You see, we are resident aliens NOT LPRs (Legal Permanent Residents a.k.a Green Card Holders).Benefits for which you are paying social security tax, you are not eligible while on H1. So, please don't use extreme words. When illegal aliens can demonstrate and influence law makers, what is wrong for legal aliends in writing to lawmakers, newspapers etc.
    If you are laid of, will you get unemployment benefits? Job retraining. No, You are out of status. So, is it incorrect to ask for this? I am not talking about Income Taxes. Go and look at my posts. I am a strong advocate of core IV goals.
    In this thread, instead of asking impractical PD dates, I suggested why don't we question the collection of SS and Medicare tax from H1 workers?
    This is the most outrageous and ridiculous stuff anyone could have heard. We want to change the laws of the land to benefit us. We are here because WE WANT TO BE HERE .No one is forcing us to work and pay SS tax and Medicare here. So what's next: No State tax too? We are lucky that the core IV team has accomplished so much in such a short time with limited resources. We need to push the amendments that will allow concurrent filing of I145, period, or we are jeopardizing any thing from going through.




    gav_sharma
    04-24 05:44 PM
    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.

    How can you join a company on 11/2010 and apply for Perm EB2 on 12/22/2010 ?

    I thought they needed to place an ad and do interviews and pre-Perm process takes about 6 months.

    I am in 6th year of H1 and I am changing jobs. The new employer will file for GC but since the new H1 will be extended for only 1.5 yrs I was wondering if I will have enough time to get thru to the I-140 stage in that time.

    Any Opinion/Suggestion ?




    milind70
    07-11 10:41 AM
    GREAT NEWS...
    but why is USCIS website not showing Aug bulletin ?

    The reason for this is that Mumbai is 12 hours ahead in time of US. Please wait till today evening , the same will be reflected on DOS website. We have seen before that the VB bulletin cut off dates released earlier on US consulate websites in India than on the DOS websites in US



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