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Thursday, June 16, 2011

taming of shrew

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  • psk79
    06-23 01:13 PM
    Well, there are many folks here including me who filed around first week of june.. I haven't heard anyone getting the EAD yet. I haven't seen any lud's after the receipts. Hopefully, one more week to go and then we are all good to get the 2yr EAD....





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  • DSLStart
    09-07 07:37 PM
    Rao, where u been so long dude? Just in time before release of Oct bulletin. Please enlighten us with your prediction for EB2-I....Hi,


    Are there upadates on the info file that we have filed to know the approved lobors in each category by year(month) wise. Can you please update us.





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  • PavanV
    10-11 01:01 AM
    BharatPremi,

    Looks like we are in minority :), I guess people need to be educated about legalities of the immigration system, just because one applies for a green card , or one gets a Green card, he/she does not become part of the country.
    Please remember this folks, till you become citizens you are still representing your home country :), and BharatPremi mentioned US of A only expects that you don't indulge in any activities that the government lists as against the US of A, after all we are all here only because the country allowed us in because they perceive there is a need for high skilled labor, letting us contribute and at the same time benefit from this huge economy,we are at their discretion legally, and they can show us the door just as the way it was opened to let us in, just because you are here does not mean you can demand rights :) and call this your home country, that is what the illegals do. I am sorry for sounding so depressing, I witnessed a mass layoff at my company and a lot of my friends (Americans) who are very senior folks were let go, I was spared, somehow that is hurting my conscience, and I am not in a position either to voluntarily give up my job.I want everybody to be happy, and prosper, layoffs reflect the ugly side of capitalism, the weak and old are exploited.

    All the best in your immigration process folks, you will need all the luck to stay here.
    Sarve jano sukhino bava (Let everybody be happy)



    Can you please provide us any link or legal constitutional document from any legal organization in India and USA which states that Patriotic Indian ( For the sake of argument Indian) should not apply for US Green Card ( Permanent residency)? Or for that matter can you legally proove that not applying for US GC is the barometer of patriotism towards India for an Indian?

    Do you have any reading comprehension capabilities?

    Read the first sentence of following link and let me know what do you comprehend?

    Your lesson for US immigration starts from here.

    USCIS - Green Card (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ae853ad15c673210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)

    Best Luck.





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  • javaconsultant
    02-04 12:07 AM
    I signed up for recurring contribution for IV for 20/month.
    Guys and Gals--------pls contribute to IV as much you can.Even little amount would help it....its our only hope to get out this GC mess.



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  • sh2005
    11-08 09:47 AM
    hey friends,
    I saw that Logiclife mentioned that the head will be from michigan. I am from michigan and a lot of my buddies also visit this site regularly. Let us know if we can make a difference. Please let us know what can we do to help our cause here. I am ready to drive, meet, talk to any one I can to push things here. I dont know how much of an impact that would be, but even a little can help.
    thanks
    Please pm me with any suggestions or ideas.


    Same here.... In fact, Rep Conyers is a graduate of my alma mater... at this point, any nonconventional means to get the lawmakers attention :)





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  • for_gc
    05-14 11:34 AM
    Chandu,

    Although you bring up interesting discussion, but these stories about Neelima are really old. Dec 2005 ?

    Did you see anything recent on her ? Any updates ?

    As for handling these situatsions being diplomatic is best but that is easier said than done.

    Also, I think we are much more likely to face these types of problems with small companies which are in remote areas.

    Big corporations are much much better. I have been lucky in this regards that I have mostly worked with big corps.

    These companies actually go to extra lenghts to appreciate diversity.

    In fact last year in my current client Indians organized big Diwali festival celebrations to
    give American people a chance to enjoy Indian food and learn about our culture.

    Its not all bad. There are some very very good facets as well.



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  • hiralal
    08-03 11:50 PM
    o.k...I hope you are correct. but how do you explain this ..my friend with a PD in 2004 EB3 had submitted incomplete medicals for his wife as they were expecting a addition in the family ..they submitted during the fiasco with RD in july / aug 2007 ..however no RFE's so far ?? (TSC shows processing dates in end aug 2007 ..which could mean that they are processing sept cases )





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  • eb3_nepa
    05-11 12:12 PM
    But it would be disastrous in terms of PR if even this fails. But like you, I would not hold my breath for this but am cautiously optimistic at the same time.

    Also, please realize that any changes to the bill will meet absolute resistance from both sides. We will have to wait and see how many amendments are they planning on allowing.....

    Ragz to be perfectly honest i know this bill is VERRRRY important to us, but this bill carries Far more problems than relief. Right now there are So many "Ifs" and "Ands" that somehow i dont see it passing or atleast not anytime soon, forget abt passing by memorial day.

    If it actually DOES pass by memorial day, that day actually WILL be Memorial for us legal immigrants :) But one another note. Thanks for posting the link. I know a lot of us are writing the same thing, but that should not deter people from posting info like this on the forum.



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  • chi_shark
    10-03 10:50 AM
    actually, lets make another category 3.c. people who have shifted jobs after ead using AC21 and now want to or already have started a company for side business (that may be in the labor/perm cert job description or outside)...

    So, I am 3.c. and so is perhaps matreen... after digesting my conversation with the lawyer for two three days now, i am feeling that it might be worth taking the risk of doing a side business. after all, we are not doing anything that is uncivil or criminal... just trying to boost our incomes and perhaps contribute to an industry or something like that... that noble intention could be viewed as an exclusive intention in relation to the intention to continue permanent employment with the new GC sponsoring employer... what do you guys think?



    If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.

    In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.

    Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.

    PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.





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  • ras
    03-18 01:23 PM
    I am following from the start of the original post. This was a post by a new member who appears to create rift among the EB2 or EB3. The reason I believe is he just want to incite in such a way that few other folks will respond and keep the thread floating. Later few other posts by himself were created with different ids. just observe the trend and you will notice it.

    So folks dont respond any more and this rift creation will die down.



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  • pns27
    05-13 05:49 PM
    Why cant you guys understand, we have no right to demand.
    Lot of people , who otherwise would have qualified for Eb2 went ahead with EB3. First of all why did you you agree to it. Because, that time, that was something easy to get instead of changing it to EB2. That was the fight under your control. Not the one you are asking for.

    Someone rightly said, you need one scientist,2 qualified/experience guys and 6 eb3 guys to do actual work. A right pyramid for an organisation.
    But how can you miss govt. requirement. They need more PhDs. So they are asking us to do more study, earn more higher advanced degrees because thats what they need. Not our so called BE/Btech degree. In another 4-5 years, I wont be surprised, if only guys with masters will be only allowed to apply, if they find equal number of master graduates. Who cares for ordinary graduates. EB3 min qual will be raised to Masters with 5 years experience. What will be your say then ?

    So look ahead and act accordingly. Make sure you can anticpate their moves. Its not a rocket science. 6-7 years back, there wasnt much application for EB category. But looking at the last year number, I wont be suprised, if they decide to raise the criteria bar. Simple, and all backlogs will be over. The reason they are not doing this because they still need eb3/eb2. But not in quantity, you would like them to but rather what they would like to have.

    As far as country uota is concerned, everyone knows China and India, over populous contry. You increase the number to a million, and that would also fall short. But then they do not want so many people from a single country, as it will have a lot of political ramification in the future.


    You are making up things here; Eb1->Eb2->Eb3 is correct only from education and experience for the Job point of view but not true from Quota point of view.

    �The argument that Eb1 is preferred above Eb2 and BE2 is preferred over EB3 is absurd.

    The regular yearly BE quota is distributed equally among all three categories, so then why they should not follow the same distribution for the overflow numbers?

    Said that all BE3 applicants who are eligible should port there PD to EB2. Simple, when you know how the system works try to adapt to it.�

    We don�t know the system when we filed our CGs, we just trusted out attorneys. If we have to do this CG stuff again most of us will do it differently.


    Remember one more thing, one may be EB2 can still be less qualified and less experienced then an EB3 as EB criteria is for the Job not for the person.


    PNS27
    PD: EB3 June 2002





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  • amitjoey
    06-30 03:57 PM
    I dont disagree with you. But I was just telling an admin fix that could be pissble and bring releief to lots of people who really need it.

    Yes and IV is working on that, we need more interest, more active members, more funds, more commitment.



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  • chanduv23
    09-22 04:54 PM
    Hi,

    I am joining with Tek systems and they don't give as permanent position in offer letter rather just said contractor.. but I am full time with my current employer.

    Do you think its going to be any problem from changing Full time to Contractor?

    AC21 letter - wording is very important - the offer MUST be Permanant fulltime and the prospects for future employment must also be good - this is exactly what they request in a RFE or a NOID.

    If your letter says it is temporary position, you will have issues.





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  • jkays94
    10-03 01:32 PM
    I am very depressed! my lawyer who is doing my I-485 has advised that if she was to be concerned with her representing me, she would advise against me starting the company. basically, she said, USCIS can read this as an intent to leave the permanent employer for self employment. my business plan was to be in non-IT business. she said that if i am making enough money in the business, it will be hard to prove that i intend to continue in the job while having this business on the side...

    well! best of luck to you guys! go on sharing your stories.

    Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)

    To: REGIONAL DIRECTORS
    SERVICE CENTER DIRECTORS
    From: Michael Aytes
    Acting Director of Domestic Operations
    Date: December 27, 2005
    Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
    H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
    2000 (AC21) (Public Law 106-313)


    Question 7. Should service centers or district offices request proof of �ability to pay� from
    successor employers in I-140 portability cases, in other words, from the new
    company/employer to which someone has ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
    classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
    new employer and the job offer through an RFE to the adjustment applicant for relevant information
    about these issues. In an adjustment setting, public charge is also a relevant inquiry.


    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
    "same or similar" occupational classification as the job for which the original I-140 petition was filed.
    Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
    through an RFE to the adjustment applicant for relevant information about these issues. Third, as
    with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
    140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
    to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
    intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
    intent, but in appropriate cases additional evidence or investigation may be appropriate.



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  • ssss
    08-18 12:40 PM
    I have paper filed at NSC on June 11th, with a RD June12th.
    No approval yet. My AP was approved long back





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  • h1vegas
    06-23 07:21 PM
    While I Wrote The Check For Ead Renewal
    I Wrote It To Department Of Homeland Security And Not
    Us Deparment Of Homeland Security
    Is It A Big Problem



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  • 21stIcon
    02-19 04:48 PM
    This is not even good for long term due to hefty financial charges of insurance companies, you would not know about this until you buy one ,my sincere advice would be do not even get into this crap in US. these guys rip you off.

    As I mentioned before Prudential charged 70% premiums as a finance charge every month and only 30% went to savings. It would never make sense and do n't listen to people who never owned these products before.





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  • h1bmajdoor
    10-13 06:42 PM
    The idea was to make it easy for majority folks who work in Manhattan and surrounding areas. We were also concerned that the tri state folks travel long distances and work long hours during weekdays will need the weekends for themselves and a Friday night after work must be the best time.

    But, yes, based on majority of the folks's response, we plan to do one more on a Saturday, but not in Flushing, location will be decided soon.

    ok. i live in queens and work in CT. manhattan on weekdays does not fly for me. if anyone wants to meet in the hindu center on holly av. on sunday evenings please let me know.

    if nothing else, maybe prayer will work.

    "ab dawa nahin dua ki zaroorat hai".:rolleyes:





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  • 485_spouse
    03-13 01:31 PM
    added a small contributioin of $100.





    gceverywhere
    03-19 03:15 PM
    We could not even pool $10K for FOIA. For lobbying, one needs lots and lots of money in the range of 100K -200K. What can IV do? Can you explain what you mean by "something'? if all of us EB3's can pool 100K, then we can request IV to do "SOMETHING". Hope every one understands this.


    I Agree but then again, we have to realize that this is a loop. Maybe it's a matter of IV proposing a campaign specifically for EB3 I and then see what kind of money pours in for that campaign.

    I have contributed in terms of time and money and do believe in what we do through IV. I also know that WE are IV. So don't take my message in the wrong way





    bkr
    08-26 02:14 PM
    GO to Trenton DMV (theoritically every DMV), they will give you a DL till 6/20/2008. Due to these delays in H1b Extensions, NJ DMV's extending the DL another 90 days expecting that will suffice

    My drivers License is expiring 01/01/2008 , My H1 expires on 03/20/2008.

    So will I just get drivers license extended till that