Wednesday, June 8, 2011

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  • girijas
    03-04 02:17 PM
    Soft LUD on my case. My I-140 is approved. My PD is May 15th 2002 India EB3




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  • akgind
    09-14 11:06 AM
    These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs.

    Please do not make false statements. You are trying to paint everyone with the same brush.

    I had a Masters at the time EB3 was filed in 2002....from a top US school. The employer was okay with any category. The lawyer messed up...said that all categories were current and he knows best.




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  • rfarkiya
    07-15 01:21 PM
    I am in San Diego.... I am in....




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  • immi2006
    05-04 10:26 AM
    He would have brought DOL work culture to your work place, who knows you might have incurred loss :-)

    Maybe it would be eating and sleeping... if they get bored with that they might approve 1 or 2 cases.



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  • hydboy77
    08-12 02:09 PM
    aiming london shooting tokyo, thats exactly what this bill is doing. The vast majority of nonsense is created by small "con"sulting companies, i.e shell companies with less than 50 employees. Infact Schummer if he wanted a solution for h1b missue should have gone after these small "con"sulting companies rather than real multi national companies like infosys,tcs, wipro etc. I am not a fan of this bill but if you going to put restrictions on h1b do it the right way. it is these small "con"sulting companies with less than 50 employees that did illegal things like selling approved labor until using approved labor was abolished, it is these small "con"sulting companies which work on 80 20 model which are bringing disrepute to h1b and people working on h1b. by putting this rediculous rule which says only comapnies having more than 50 employess will be targetted by this law schummer inadvertently is encouraging the setup of more "con"sulting companies. The vast majority of green cards issued in the last 5 years (may be as hight as 80% of green cards) have been issued to the "con"sultants" working in these "con"sulting companies. People working in fortune 500 companies abide by all rules like it is the job responsibily which determines eb1, eb2 or eb3 and not your educational qualifications and therefore i have seen phd recepients applying in eb3 whereas the "con"sultants working in these "con"sulting companies who have sometimes b.sc bcom or btech degrees applying in eb2 by faking experience to show 5 years requirement, they work in SAP but they advertise the position as someone needing java or any programming experience. this is outright lying, how can people working in fortune 500 and legitemate companies complete with these "con"sultants and these "con"sulting companies with less than 50 employees for green cards.

    For green card reform the biggest culprit is per country limit\quota, the above issue is small compared to the country quota but it still needs to be solved.

    before somebody says illogical things like crab dragging another crab down etc etc, let me tell you something all i am saying is everybody should play by the rules, "con"sulting companies especially with less than 50 employees and the "con"sultants who work there are the ones which have brought disrepute to the h1b profession by indulging in labor selling and buying, applying for eb1, eb2 irrespective of job requirements and flouting the rules, for the most part big It majors infy, wipro etc did not indulge in these illegal activities.




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  • swede
    06-30 09:40 AM
    Got my LC approved June 05 2006.
    Took only (!) 4 years from first application...

    DOL recevied: Dec 5, 2002.
    Got my 45 day letter in Feb 2005.
    EB3-RIR
    Filed in Philly DOL.
    3 others from the same company got theirs LC approved 2.5 years ago and 2 of them have their green card since a year ago. And Im the only one with a US masters degree. Great system...



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  • dummgelauft
    06-11 09:43 AM
    I would say fight back against the indirect discrimination against the Indian and Chinese nationals in the employment-based immigration.

    If they want us to leave..then so be it..but they should say so directly. All India and Chinese EB immigrants please leave USA. Until that comes out of the US government directly, we can not be forced out through indirect policies.

    Here are a few things you can do:

    1) Withdraw all the $ you deposited in US banks from savings, checking, CDs and other investment accounts and setup an NRE account with an indian bank and move funds over. If you need you can bring back those funds in a day or two. Leave only bare minimum for your expenses in US banks. This would have an impact of ~$50K X 100K effect.

    2) Do not leave the country just because the hopes of greencard are controlled, sqeeze out every $ from your jobs and economy as long as you are here.

    3) Spend minimum and buy swadeshi when possible. Lets not give back even 10% of the income we make back into the economy. This is an economic blockade.

    USCIS and US government has long harassed Indians in the name of greencard for a longtime and year after year we hear the same BS. Come on people, show some self-respect and fight back.

    4) Those who are in foreclosure, stop paying your mortgage, your home is going to get foreclosed anyway.

    5) Despite all this...those who still decide to leave to India, max out all your credit cards, leave your car in airport and abandon your home/apt without paying rent/mortgage for the few months before you leave.

    TAKE all you can from your hard-lived and harassed lives out of this place before you do decide to move.

    I am not keeping more than 5K in any of my US banks starting today. I am also pulling back from my mortgage application for 300K condo. I am determined to sell-off my investments in equities here and begin investing in BSE.

    That is the least I could do to peacefully protest against the discrimination against me and my country people.

    True to your handle, your ideas if implemented, can turn the tide (or move the mountain) as Sri Hanuman did!!
    BUT, amigo, seriously, don't you think we, Indians as a community, are the biggest sell-outs. Only somebody with the caliber of Subhash Chandra Bose can bring us together




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  • ak_2006
    06-10 02:11 PM
    That is the victory due to our admin fixes campaign. Your thousands of letters are working here.
    We had received good feedback in our meetings with the administration.
    The whole process of making final announcements is just too slow!!

    We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.



    Thanks IV...thanks a lot.



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  • raju123
    06-01 04:00 PM
    This might be useful to you.

    Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"

    The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.

    Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.

    Example 1
    The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
    According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.

    Example 2
    Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.

    Example 3
    Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.

    Example 4
    Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
    Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.

    Example 5
    Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.

    Example 6
    Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.

    For more information about "Age Out", please click the following topics:

    What is "Age Out"
    Child Status Protection Act
    If you are a USC, does CSPA prevent your child from "aging out"?
    If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
    Age Out Problems in Employment-Based Immigration
    Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
    Child of Asylee and Refugee
    Unmarried Sons or Daughters of Naturalized Citizens
    Effective Date of the CSPA


    Hi All,
    I want to know if my 19 year old son can be affected by aging out.
    I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
    Can someone who understands the aging out rules tell me if my son may have a problem?
    Thanks in advance...




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  • Maverick1
    11-09 01:49 PM
    Thanks to the glorious service of the Atlanta center :mad: I missed the I-485 bus by 7 days( Labor cleared on Aug end ). Many people with later PD's got cleared from the Chicago PERM center . Now I just watch as all members get their EAD's and AP's while I wait with nothing but hope and watch legislation after legislation fail in the senate and house , and the letters flying all over the place .

    Very SAD to know that you missed the opportunity to file AOS by 7 days. I know how painful it can be.

    Do you know of any efforts to speed up the ATL PERM processing ? I see the graph at has a downward trend lately (less average time for approval).



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  • techskill
    08-12 02:34 AM
    There is something fishy. Its not possible that he could apply for 485 with the PD of September 2006 in June 2007 . Only people with priority date with June 2003 and earlier could apply. I know this because our PD is July 2003 and we applied only in July 2007. Please people stop this.

    Since your PD is June 2003, you could have applied in June 2007 because in June Visa bulletin(released in May ) it moved till April 2004.




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  • seahawks
    09-10 12:19 AM
    and i am NOT the real Lou Dobbs. But in all seriousness guy, I think we really have to wake up. We are illegal immigrants....
    And we are not asking for Amnesty...

    There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???

    Please edit your post to show "Legal" if you are one and this was a typo!



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  • pmpforgc
    03-05 10:26 PM
    Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.

    It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.

    We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.

    If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?

    I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.

    Just to clarify your logic of thoughts: when you came here you came here on H-1 (non-immigrat visa) to work and make money. At a time you were never immigrant, you were TEMORARY WORKER. on coming here, probably after experiencing few years life here and comparing that to your home country, you felt it better and DECIDED To IMMIGRATE and APPLIED FOR GC. Unfortunately that process is legal mess so you dont like that mess. But if you do little soul search if you didnt like here you should not have applied for your GC, Just have made money (as your initial objective) and went back home with strong experience and lot of cash. I have seen couple of people doing that. They come here, they feel that this country is not for them, they still stay on H1 make money survive on very less money and then go home. Once they go home they even dont need to work if they wish so. But you did not made that choice but decided to stay here, not because of GC, GC was just medium to stay here.

    Hope this help in little soul searching for you.




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  • sunnysharma
    07-18 04:28 PM
    My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).

    The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
    "On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."

    Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!

    .

    You will be able to see your actual RD in the reciept notice...Donot worry..



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  • gk_2000
    08-24 02:17 PM
    First be clear whats your point and then enlighten us how this supports it


    One of my points: "loopholes" are NOT what we are here to fight against. Now, is the rest of your reply relevant?

    And anyone who irritates you is a troll. So be it. This troll is there to prevent nonsensical ideas




    Please let me know how this so called multinational executives are getting compensated. Whats the stock/option given to these executives. The available information shows only three days of extended stay and one week of car which they need to share with other executives. Fortunately the extended stay suites come with attached rest room. Otherwise they need to share with other multinational executives. There would be long queue in front of the shared room and eventual back log...

    Yeap...we are very envious about this. Let it be. I am not going to post anything on this any more and feeding the troll.

    Yeah, I was so envious about that designation, that I have to leave it risking by giving 2 months of advance notice(policy of the company to give 2 months notice) and finding an employer who could file my H1 and suffering 1 yr of constant followups with the company to get my pay and PF and so on. And forgot to mention, that if 2 months notice is not given we are asked to sign an agreement to pay back close to 10 grand.
    Is this how a multinational executive gets treated who are fortunately qualified for the EB1 category and company projects you as most valuable employee for business development who would be sponsoring you EB1.


    All this will feed the anti's and true trolls. Why don't we focus on our objectives?



    If the company really feels the need , they may as well recruit someone locally who might be much more qualified without going through all of those hassles. All this is done as part and parcel of exploiting the system and its employees.
    Luckily we have a choice whether to stay or not and move on to a different status like H1.


    Don't we?




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  • ragz4u
    03-08 10:40 AM
    Senator Specter seems to emphasize that he would like to get done with amendments etc. and to make sure that he meets Bill Frist's deadline of March 27th so that it can be debated

    Senator Brownback is bringing an amendment to extend J1 visa which apparently expires this year

    Will keep on updating as and when I hear things

    No visa cap for nurses/physical therapist esp for India, China and Phillipines

    Apparently the quorum is not present at the committee to vote on the amendments, but senator Specter is stating whether he will support the amendment or not.

    Senator Specter supports Brownback amendment for extending J1 visa.

    Senator Leahy agrees with senator Brownback.

    Recess until 2.00 pm. Senator Specter says that if enough senators do not arrive by 2.00, most amendments will be decided today. Else the amendments will have to come on the senate floor.



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  • satishku_2000
    07-05 11:45 PM
    Worked over the weekend so that they can relax for 5 more years ...and collect those inflated fees ..disgusting ....




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  • pappu
    09-01 09:17 AM
    Everyone getting receipt notices, and not coming to the rally, (not coming to the rally -most on tracker threads), please at least consider contributing to the rally once you get your notice or FP done or get EAD!. The rally cost is huge and we can do much more if people can contribute generously.

    We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.

    Now it is your opportunity to deliver.




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  • rokocoko
    01-09 01:34 PM
    I am one of those guys who entered US in a very late age (I am 35 now...) and haven't even started the Green Card process yet. I wonder everyday "if" and when the process gets started..how many years it would take to get GC (may be 5 to 6 years..correct me if I am wrong)...and after getting the GC..wait for another 5+ years to get Citizenship...I will be close to 50...ouch

    Well, as of today I don't feel like applying for GC...I realized my dream of coming and working in US...now the plan is to spend 4 to 5 years, clear my debts (yeah......running into thousands of dollars)...make some money to live peacefully in India..thats it....then go back to India....

    And its not just the family or friends...95% of my cousins and 90% of my friends are in US (trust me it is a large number)..except for parents and in-laws (and uncles, aunts)...every one is here...but I hardly get a chance to meet them...b'cos no one wants to take some time off to meet cousins/friends (unless you are in drivable distance)..I don't blame them (or me)..since we all want to save our PTO to visit India....

    I just wish..if I can spin the time wheel back...I would never think of a foreign country....(even though I am new to US..I spent about 8 years abroad in other countries already)..

    I don't feel like concluding..hence leaving this incomplete...

    thanks for reading




    techskill
    09-10 02:09 PM
    I think they advanced the dates to 2006 not to approve the cases but to collect new applications with the new fees.They approved couple of cases only to show that they r working on old cases (2006 which is old for them or however they interpret).




    mallu
    03-31 11:42 PM
    Alright Guys, Let's ignore this Dard-e-disco guy he doesn't deserve a second of our time. To answer your question, one thing atleast USCIS can give us is, Release data like How many applications they have already received from Major Green Card Seeking countries and in which EB categories. All this data they would have entered in their computers, They can easily run these kind of reports, I'm sure they'll be having some Data Warehousing softwares. So atleast everybody of know where we stand today and stop predicting cut-off dates etc. etc.
    They can also make sure they send our APs and EADs in less than 90 days....

    As Ron Gotcher observed, they are still using DOS ( not department of state ! ) programs .



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