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Tuesday, August 9, 2011

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  • humdesi
    11-09 11:07 AM
    Found an interesting thread on this topic in immigrationportal. The post below is by vm_gc who got his GC recently:

    Hi qwerty1111,

    I completely understand where your comment is coming from and respect your comments. But to be fair, i think it's just not appropriate making such comment without completely knowing my situvation.

    I came to this country in 2000 and start working for my current employer, one of the reputed big technology company, in 2000. As the dot com bust started in late 2000, my company stopped applying green cards for employees as per law (since they were not in a position to show not availability of people with my skills and at the same time they started laying off people). But i still chose to stay with my current employer due to the kind of work we do and learning opportunities in my job. Finally my employer applied my GC in 2005 that to non-RIR category (not even RIR category as they still had some issues in applying RIR) as my 6year term was coming near. And this labor is still rotting in the backlog center and i don't know when it will be cleared (and i have already completed my 6year h1b term).

    And in sept 2005, my employer gave me a sub labor, as the labor matched my skills and based on my superior performance (since there were many people similiar to my situvation in my company). This sub labor, i neither bought with money nor with some recommendations. It's completely earned by working hard.

    And the same time, while i was waiting for my labor to be applied, many of friends and people i know of, who came to this country at much later time, went to work for small consultancy companies, applied GC and got GC long time back. How ?. because the small companies don't even follow the laws, can apply GCs in RIR (by showing some junk proofs) and they will open a satelite offices in places like maine, wisconsin (just for their employees GCs) and get the labor approved at a faster rate. While we working at big companies wait for labor to be applied by following strict laws.

    You tell me what is fair in this country, when it comes to immigration process.

    Your situvation could be much worse than me, but that's mainly due to the broken immigration process in country.

    I am not taking any offense on your comments. I wish you good luck and i hope your GC will come through soon.
    __________________
    Sub Labor PD: 8/21/2002, EB2, India
    I-140 : RD 09/22/2005, AD 03/01/2006
    I-485: RD 09/22/2005, AD 11/07/2006
    05/31/2006 : lawyer sent a letter with supporting documents to USCIS for correcting PD on I-140 approval notice. I-140 approval PD shows as 09/22/2005.
    09/14/06: received updated I-140 approval notice with correct PD.
    Finger Prints/Name check - cleared (according to USCIS letter)





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  • vinay0622
    07-29 10:16 AM
    Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.



    Thanks..Samay.
    I appreciate, You took time to answer my question.





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  • samay
    07-15 05:15 PM
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Also is it possible that 140 was revoked by my previous employer?
    Why did they send a RFE instead of NOID in my case?

    When was your I-140 approved. Was it approved sometime back. If so that might be one of the reasons that you received a RFE. The CIS wants to confirm that a job offer still exists.





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  • zCool
    05-09 05:08 PM
    All I can say is.. HUH???

    Now there are plenty of reasons to not go to canada.. but going to India and applying from there is NOT one of them:)

    Do you even know how long the wait is from India for processing time??
    It's 5 years and increasing BY THE DAY!

    for those in US GC and thinking of applying to canadian pr...

    DONT DO IT !!!

    You just end up spending around 3k-6k for you and your dependants, and it will go unused since you are waiting for US GC.

    the best way for canadian shit is to go back to India when you are sure you will not get the US GC. You can then apply for canadian PR from India.

    The canadian government just takes your money and you dont get jobs easily. Most of the jobs are for people with job experience "INSIDE CANADA".

    India is a good place to shit too. Your daily toilet does not HAVE to be in some other country if the restrooms in US are closed forever.



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  • JA1HIND
    02-12 01:38 PM
    Does it mean that till Oct 08 bulletin there is no point to expect anything for India EB2?

    I suspect VB in Oct08 might be good for EB2...if you look at the below copied "Archived Visa Bulletin" URL and I see month of October is always been a fruitful month for EB2 (Employment Based) and I am thinking this year Oct 08 will also show us some good updates...

    Check this URL:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    October 2007: EB2 - 01APR04
    October 2006: EB2 - 15JUN02
    October 2005: EB2 - 01NOV99
    October 2004: EB2 - C (Current)





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  • k3GC
    07-03 05:06 PM
    We have used Web fax in the past, I had also read in a different thread that it (faxes to senators) is how things work here. there were reports of how other groups had used and sent more web faxes than us etc etc ....

    Why dont we do that now.

    Fax to every senator, include the congress womans letter

    Make an IV statement supporting the congresswoman

    Lot of people will join the fax campaign

    Let us try multiple avenues - Lawsuit , blogs, faxes, media etc etc.

    Let us create as much noise as we can

    Please enable the web fax.



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  • mirage
    07-04 08:48 AM
    Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004

    I sent this email to around 500 media contacts

    Dear Reporter/ Senator/ Congressman,

    I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several .....Day with the hope that people who played by the rules will be rewarded.

    Yours Sincerely,





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  • voldemar
    03-26 05:56 PM
    Has it passed? I cant wait for it to happen. Once it does, I will feel more confident leaving my employer knowing....No, waiting for OMB clearance.



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  • ramus
    07-03 04:29 PM
    I digged it..

    Lets digg this please..





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  • BharatPremi
    09-24 04:54 PM
    Not sure what you are talking about. There are two rules as follows

    28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5

    Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"

    7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
    + 2% dependent limit for each country in EB category


    Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"

    To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.

    Ans: this concept 0.07X 0.286 - It is a false concept.
    The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).

    /\ my answers



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  • krishmunn
    07-27 06:11 PM
    Oh yeahhh..."1099-int" was a rhetorical statement as you mentioned it.
    Don't worry I have already done my homework with law offices or CIS, as I had to show all incomes during interviews. Keep on squeaking.

    One somewhat unrelated question --- Why did you have to attend an interview with CIS (and show your income) ?
    AFAIK CIS interviews only during adjudication of 485 (for some cases) .. never heard of CIS interviewing for extension of H1 or other matters. If they are interviewing EB 3 2006 cases it is a good sign





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  • lotsofspace
    02-13 11:26 AM
    I understand that per country cap is painful for certain countries. But i think they want the employment based immigrant community to be as versatile as possible. I have never heard someone complaining about the DV program where certain countries are not allowed to participate. The reason behind is that they want people from all over the world not just from certain parts of the world.

    What part of "Diversity Visa" don't you understand ? The objective there was and is "DIVERSITY" and therefore it make sense (albeit a limited one).

    Why should there be a restriction based on COB for employment based visas ? Do you think the Govt can dictate companies to recruit only so many people from different demographies ? I guess not.

    Thank God there is no such restriction on H1.

    I know it sucks for guys from ROW to be treated on par with ICMP quartet. But is only fair to be treated equally at least in EB categories.

    As many have suggested before, this removal of quota in it self will not solve the immigration problem. But is is fair and equitable in my opinion. And the opinion generally is different based on what side of the fence you are on. Recapture and increase of the annual limit to a more reasonable number is the correct solution.

    Although it may be kind of wishful thinking from the ICMP quartet to get this per country limitation removed, I personally feel the odds of that happening or very low. So guys from ROW, please chill. You are probably alright. Removing the world hunger is the right thing , but that is not going to happen. Some people continue to eat mud cakes to kill the hunger (This is a true story. I read an article recently).


    Most problems in the past have been resolved by not improving/patching the current system/source but by paradigm and systematic shifts. The root of the problem at the conceptual level is the demand for these visas from these countries. If the India and China continue their current growth rate for the next decade, they probably don't need this many visas :) who knows :).
    But for now this is a problem for all of us who are struck in this nightmare.



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  • jonty_11
    07-11 06:11 PM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
    You are just looking at a few rotten apples in an apple farm ..here....Just like software or a server, a system should be robust enough to endure abuse, if it does not it should be modified to do so....no one is stopping DOS/USCIS to put in more checks and ba;ances for GC or H1 Process.....question is will they ever do it...probably not...look at how CIR failed....So you have to look at the oeverall picture rather than pointing at isolcated cases of abuse....which are neglible compared to valid employment based GC cases.

    The US immigration system is broken and everyone knows it. That is why Microsoft opened new office in Vancouver.





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  • logiclife
    06-28 05:04 PM
    In that AILA reference of EB3 others for june... DOS asked USCIS that visas are exausted..it wasnt USCIS directly jumping to conclusions.

    my 2 cents..




    Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.



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  • AirWaterandGC
    05-09 09:19 PM
    I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.

    On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.


    Stop the bashing of countries with stupid generalizations like cost of living and bad doctors. This is ridiculous. See my other posts dispelling Canadian misconceptions. That your friends or whoever has had badluck in Canada is probably as much due to their lack of perperation and research before going there coupled with their socialist sense of entitlement.

    And for all you considering going to Canada, it's not rocket science. Look for a job BEFORE you go. Heck, take a vacation and go there if you get some interviews. I don't care if your doctor friend is driving a taxi cab - they should have known that there is a foreign credential issue going on in that country before they pack up their family and go there (and hopefully this will be ironed out - it is a problem and a big debate right now).

    But it's not like there isn't a way to work around it (suck it up and do what you have to do for recertification - yes it's troublesome, but at least your fate is in your own hands, and you're not stuck in retrogression at the mercy of others). And if you think you have more opportunities in the US, why is it that the majority of H1Bs are being sucked up by desi body shops who just turn around and indenture you? Is that considered a wonderful opportunity ( i guess it is)? How many of you can actually work for a non-desi company? Imagine if they didn't exist. Too bad Canada doesn't have the same body shops, eh. Oh the irony.

    It boggles my mind that people take up and leave to a country without actually looking into the job market or thinking everything would be hunky dory. There's something called the internet. Look for Canadian jobs, apply, get feedback, attend job fairs in Canada, tap your networks, etc. If you can't find something, DON'T GO.

    I'm not saying Canada, or any country, is perfect, but a proper approach and understanding before you jump into something will ease the transistion. And please, enough of the ignorant generalizations.

    If I was an employer and knew you had contempt for my country and thought you were owed something, I'd kick your butt out the door.





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  • samay
    07-06 12:16 PM
    Hi Forum,

    I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?

    Any response in this regard will be highly appreciated.

    I would suggest that you wait for another few days and since you have applied for a premium processing you should be getting a response from the USCIS soon. The USCIS requires last two pay stubs for the transfer however we have been able to obtain approvals even with a single pay stub.



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  • Desichakit
    07-24 07:33 PM
    Ever Since August Bullitien came out Ron has posted not to raise any hopes





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  • sachug22
    09-17 11:06 AM
    When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.

    In 2008 the spillover was distributed evenly between 2004/2005/2006. It was 2009 spillover that clean most of the cases in 2003 and 2004. As of 1st Oct there are next to nothing cases from 2003, very few from 2004.

    Plus in 2008/2009 CIS had EB2-ROW applications that they can approve, this year they do not have the EB2-ROW cushion.





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  • angelina
    07-11 05:12 PM
    I have lived in Canada for 15 years, immigration system is healthy and fast enough for my family to come over. My friend who has a Master degree used to work for Xerox, quit his job go back to Canada. After 3 months he found a professional job. Personally I havent encountered such thing as discrimation or no jobs situation as serious as it mentioned on the web site.

    Talking about discrimation, dont tell me you havent been discriminated from your company in the certain degree...





    unseenguy
    06-12 01:21 AM
    If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad. Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community. Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you.

    He has not learnt his lesson. Let him figure out why he was laid off thrice.





    geevikram
    01-22 11:26 AM
    At Chicago POE, immi officer took my passport and 797 [entire bunch of papers] called up my HR Manager and after speaking to my HR manager gave me I-94 until 1st April 2012 [date on my 797].

    Note: Please have off hrs contact/Cell number of your HR manager and your manager

    Regards,
    Deepak


    Deepak, are you a consultant or FTE?