Thursday, June 30, 2011

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  • dtekkedil
    07-03 12:34 PM
    Hello folks looks like that link for the "sweetheart roses" doesn't work anymore (They probably ran out!)! The cheapest flowers I could find now are these -

    http://www.ftd.com/350/catalog/product.epl?product_id=FFCB&index_id=product_roses




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  • gk_2000
    07-19 07:44 PM
    It is indeed ugly and disgusting that anyone who talks of doing good to EB3 ends up getting reds. IV should remember that EB3 members outnumber EB2's by a vast margin and they deserve to get justice too

    And it is not as if EB3's are less qualified. Most are as much or more qualified and experienced than EB2's. It is just an accident they are in EB3, as companies put them there when there was no difference in USCIS policy between the two

    If I continue to see the treatment meted out to EB3's in these forums I would take the decision to quit IV..




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  • kshitijnt
    07-09 02:24 PM
    where is the attachment?

    It was a long time dialogue from various websites / including my attorney , that you cannot work for your own company on AC21 basis.

    http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf

    Here is the link. Your attorney is not the law. Some other attorney might say you can do it.




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  • eb3_nepa
    08-18 01:30 PM
    Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
    There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
    Several of us have writtent to Ombudsman, Director but of no avail.
    Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.

    Sunny Surya,

    With all due respect let me make a couple of observations here.

    1) First you file a lawsuit that prevents fellow Eb3's from porting to Eb2 at a later date, even though those individuals may have advanced in their careers and would be eligible for better jobs.

    2) Now that you have successfully broken a united community into two factions, you want the IV core to now further take up the "Eb2 cause" against the USCIS, because YOU cannot file a lawsuit against the USCIS (the 500 pound gorilla) an organization that doesnt give a c**p about the immigrants and even its own internal processing "rule"?

    3) Let me ask you, WHY should the IV core help ONLY the Eb2 at this point. You and some other Eb2 members were and are flexing your muscles against the Eb3 members who have been suffering in the EXACT same manner. What exactly have YOU contributed towards uniting the Legal employment based community and what have YOU done to help the Core team so far, that you now ask the core team to specifically take the Eb2 non-sequential processing up with the law-makers?

    If you see a problem with the non-sequential processing, why dont YOU write to your own senators/congressmen and ask them to follow up on your individual case?

    One more thing, if you are planning on replying back saying that "This is my last post on IV" so be it. IV does not need members who think of just themselves. And yes if you are planning on giving me red/gray/green dots please feel free to do so.

    Thanks!



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  • velan
    07-20 11:08 AM
    It is safe giving money to core through IV. If yes, I will pledge $100. Please let me know the details.




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  • EB3_SEP04
    08-08 07:20 PM
    my EAD is still pending. but no lud on EAD cases. just a soft LUD on I-140 on 7/13. Very wired !!

    GCCovet

    GCCovet/Mahujam,
    - How did you find out about the LUD?
    - What is soft LUD vs. hard ?
    - what are possible reasons of an LUD ?

    Thanks in advance!



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  • ajju
    02-05 07:28 PM
    Sorry if this is not about GC or any US immigration processes...i just would like to know if anybody can help me or provide me the procedures to obtain Canadian PR. I already had an assessment done (me and my husband under H1 here in US as Accountants ) and we have I-140 and 485 pending. We are thinking of trying Canada.

    I always checked and read this site but this is my first post and your help would be greatly appreciated.

    Thanks in advance.

    I did it myself about 5 years back (Aug 2002).. Got approved (Jan 2004) and landed for about 3 days (May 2004) and given friend's address for PR card mailing. He mailed it to my US address... But later I decided to give up Canadian PR for personal reasons... But still it was peace of mind for next 3 years... (2 out of 5 years to maintain PR)...

    PM me if you've any specific concerns... I'll be glad if I can help...




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  • senthil1
    05-08 05:48 PM
    It is true that country quota is a discrimination. But when you just try to remove the country quota other country persons are going to oppose as they will be impacted if country quota is removed. But if you try with other agenda like recapture then opposition may not be strong and also every one will get benefit.

    QUOTE=hindu_king;339926]Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.


    Subject: Discrimination of Indian Immigrants

    Dear President Obama,

    I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.

    One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.

    President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.

    Thank you President Obama and you are doing a wonderful job!

    Sincerely,
    Xxxxx xxxxx[/QUOTE]



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  • srini1976
    09-30 12:15 AM
    What happens when 485 is pending for more than 180 days and a person already used EAD for his current JOB(because of the policy of the Employer saying that: Once they apply for EAD employee needs to use EAD and company will not extend H1B anymore). Eventually employee will use EAD.

    The he loses his JOB(with Current Emlpoyer who is the sponsorer of 140 & 485)? And say he remains without similar JOB for example 2-4 weeks and then finds a JOB with similar JOB description? Does he still remain on Adjustment of Status? Does he needs to be continuously employed till his 485 is adjudicated?

    Please provide some input. All your opinions would help many folks!




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  • rennieallen
    10-09 12:29 PM
    Try to lift one single crab from a vessel full of crabs, other crabs will try their best to pull that one back. Same mentality is at play here - if I don't get it nobody else should get it. Don't you guys feel shamed to act so self-centered and selfish like crabs?


    Hmmm, I don't think this is a very good analogy to support your position.

    Do you know what is going to happen to the crab that is being removed from the vessel? (hint: think boiling water)

    Do you know why crabs have this instinct? It is a group instinct that through natural selection propagated due to the fact that various predators would slowly pick away at clusters of crabs.

    This group instinct (resisting the removal of an individual member) resulted in slightly fewer crabs becoming shark/octopus/otter/etc. meals amongst the groups that exhibited this behavior. These "grab back" groups were slightly more successful than those that "let 'em go" and consequently this particular trait (over many millennia) became well established in the larger gene pool.

    This analogy is a nearly perfect counter example to (what I believe is) your intended point.



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  • gauravster
    07-08 03:17 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. 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. 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.




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  • bindoke
    08-25 12:38 PM
    take your 485 and 140 receipts.



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  • coolstonesa
    06-22 04:29 PM
    Here is the response from lawyer when I pointed him to the filing instructions on I-485 form:

    "The statutory requirement for employment-based immigration is that an ongoing employer-employee relationship exist at the time the I-485 is filed,
    and for a minimum 6 months thereafter. Any particular document used to verify this relationship is only valid for a relatively short period of time, before it becomes stale (i.e. 3-6 months).

    At the time of filing your I-485 adjustment of status petition, we included pay stubs to verify the current employer-employee relationship.

    If the I-485 is still in process greater than 8 or 9 months from today, Immigration Services is likely to request additional evidence of the employer-employee relationship, in the form of (1) the 2007 W-2 form,
    (2) most recent six months of pay stubs, and also (3) a current job offer
    letter.

    I proceed with the understanding that it is likely that the I-485 petitions will still be pending 8 months from now, and that therefore it is also likely that USCIS will require additional pay stubs, etc. verifying the employer-employee relationship."

    Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.




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  • rtarar
    07-20 06:20 AM
    I pledge for $100.

    Great going Aman and gang!!!!



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  • cool_desi_gc
    08-26 06:53 PM
    Looks like the EAD CPO email is based on the category EB3 or EB2.I have seen EB2 people that applied at the same time as a EB3 and the EB2 folks are getting approvals.

    I have applied on Jul 10th and there is nothing for me.I have see atleast 4-5 people who have filed at the same time as me or even after me and got approvals.

    Is the EAD renewal also driven by

    1) Labor PD
    2) The fact that you are current or not as per current bulletin.

    Apart from your category ?




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  • nixstor
    07-08 11:24 AM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.

    Absolutely, Those who filed in June 2006 had a visa number available which were exhausted by the month of Aug 2006. I am not saying that there is a one to one match between availability of visa number and adjudication of visa number. To be more clear, DOS and USCIS might have took 30K applications when there were 20k visa numbers. I am totally aware of this. How ever, all these went unnoticed because there was not a deluge of applications like this and USCIS did not care much about the extra 10K, who will wait until they are available. It could also be possible that they were doing this so randomly like they have done right now, with out proper communication and have not hurt each other. But the deluge of applications sure did bothered USCIS and hence they worked over time to exhaust numbers. As we all know, there is no rule to say that if there are 20K visa numbers, stop accepting applications once you reach 20K, they have to honor the VB for that month even though they get 200k applications. Thats why they exhausted the number by July 1st and when they could not complete by Jun 30th. I feel that USCIS will have a tough time answering

    a) How USCIS used the numbers before the start of the quarter, even though they are not authorized to?
    b) How USCIS approved some folks on July 1st , when the July VB is already effective?
    c) lastly the poor communication between agencies and the grievances suffered by every one involved, if at all.



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    02-09 02:54 PM
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  • TomTancredo
    11-26 02:08 PM
    Hello

    I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
    Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?




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  • jindhal
    09-23 04:50 PM
    Thats YOUR perception, and its totally inaccurate. When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant. Now that date belongs to him and if he has gained sufficient expertise/skill level for him to promote to Eb-2 I-140, the transfer of dates is obvious. On the contrary he deserves to be ahead in line because he had already filed Eb-3 way ahead in advance. Calling him an unskilled, inept, or lazy proves him otherwise.

    When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date. Does not mean he should get to be at the front of the line just because he is now eligible for an eb2 job.




    coolngood4u80
    11-17 03:26 PM
    Done




    Jun03
    07-02 12:08 AM
    Hi guys,
    With all the news floating around about the VISAs getting exhausted in early July on one side and having an employer who does not seem too eager to apply for I485 since past two months, how does one deal with it ?
    I wish all this was a little less complicated..:confused:



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