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  • looivy
    11-04 06:54 AM
    In light of these election results, what is IV's new game plan for EB backlogged sufferers.

    Piecemeal???

    Should we start reaching out to Boehner?

    Please only let IV committee respond to my question.





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  • Motivated
    11-09 10:52 AM
    The 111th Congress begins its lame duck session on November 15th. The major item on the agenda will be what to do with President Bush�s tax cuts which are set to expire on December 31, 2010. This election was a major boost to the Republicans and it will affect the tone of this session. There are two immigration items on the agenda. Just before the election, Sen. Menendez promised that he would bring Comprehensive Immigration Reform to the floor during this session, and Sen. Reid made a firm promise of a floor vote on DREAM. Sen. Reid won a convincing victory over his rival due to the staunch support of Latino voters in Nevada. Many activists for DREAM worked hard for Sen. Reid�s campaign helping him cinch his victory. We urge Majority Leader Reid to keep his promise for a floor vote for DREAM during the upcoming session. The country is watching to see if the two Democratic Senators will keep their promises.

    NO CIR
    Maybe Dream Act
    Anything for us in the lame duck session?





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  • fromnaija
    02-12 11:13 AM
    Does it really make sense for a CP filer to get EAD? Interim benefits are for AOS filers and rightly so too as a CP filer is deemed to be outside the USA.





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  • the
    12-20 01:16 PM
    If someone has already spent 6 years on H1B can he/she convert to H4 status?

    as long as spouse has a valid H1B...



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  • kishorek111
    10-28 02:08 AM
    India is India only... never compare it to US, and I do not think there is glamour attached to US green card, People who have the mind set of freedom and education and knowledge with a better quality of life still migrate to USA. There is no doubt about it India's economic grwoth comparing to US is really nothing. And never compare these two countries and never try to change the mind set of a whole generation, for business needs India have a unique culture, with lot of diversity. Still there is lot of poor familes (below the poverty line) in India, education has not reached the rural areas of India yet.

    US economy is down and receission is meant to happen every 5 years in US some times to recover and job creation it takes longer if you read the US history and economics you will understand better. This time the open global media made it a big issue, that is about it. When the economy improves and things are better, again your so called glamour comes back. Glamour is in people's mind set, seeing movies and reading somebody else's writing. Still USA is far far better in living and social activities than in India.

    you mean there is no freedom in India??? 80-90% of the indians who have H1 have not attended college in US and do you think these people are not educated and knowledgeable. I think you should grow up man... or might be when you get sick and get admitted in hospital and your insurance doesn't cover... you realize the importance of India...

    US has its advantages... India has its advantages... just because you are in US now doesn't mean you can talk rubbish about India.... If you like US, talk good about it... but you don't need to de-grade one country to highlight another...





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  • santb1975
    09-08 01:15 AM
    If you can try down to Southern Cal. to hand me over the stuff



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  • Gravitation
    04-13 01:09 PM
    So why isnt EB3 India moving at all ?
    'cause almost all India EB3 visa numbers for this year are gone.





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  • stucklabor
    04-12 01:17 PM
    Bkam,

    The point is not about the way to get relief. There are multiple ways to achieve eligibility for EADs.

    The point that I am trying to make is that every one of those ways requires legislation to be passed. Asking for EAD/AP through I485 filing even with visa number unavailability, is as good, if not better, than the other suggested methods.

    I would really hesitate to ask for EADs for people still in labor cert. Our requirements, after much effort, were included in amendments simply because they are really technical adjustments to existing law. They do not increase the number of immigrants into the US and do not substantially change the process. Asking for EADs for people stuck in labor cert would be a substantial change in process, and would make it harder to get legislative sponsors.



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  • hpandey
    12-27 11:42 AM
    First of all, not everyone here is from India. Second, not everyone here is from programming/IT background. It is easy to make that assumption, but believe me, there are plenty of non-indians, or non-IT people, and even non-Indian, non-IT people here. :D

    For these, what is or is not happening in Bangalore is completely irrelevant.
    Second, people who are still here have already decided where they want to be. (Which is why they are on the forum in the first place). People change countries for more reasons than just following the next IT boom.

    Anyway, regarding impact on opportunities here, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
    Not true, by a long shot.
    To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.

    When you outsource, you lose this talent pool which is already sitting in your backyard. You may still outsource, of course, but the most cost effective solution would be to hire the top talent already here. This is especially true in professions which do not work very well in outsourced situations, like business consulting, marketing, management etc.

    This is why it is in the best interest of companies to support EB GCs.

    Pineapple .. you hit the nail right on the head. It is a misconception that everything is cool in India. There are a lot more problems than just your salary. Money is not everything . I think standard of living and less corruption , cleanliness and less crowd do count towards life.





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  • golgappas
    04-01 03:35 PM
    Fax sent by Superape, Leena, Nikhil and I



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  • kris04
    08-17 07:53 PM
    Dear Friends,

    One more to the list , with significantly older I 485 RD

    EB2 - India
    PD: July 2004
    I 140 AD: May 2005
    I 485 RD: Apr, 2005, AD::confused::confused::confused:
    NC-> Cleared , received letter from local Congressmen office who forwarded the note from FBI, confirmed again through Infopass.

    Note: As per the last call with NSC , my case was pre-adjudicated, Biometrics are current and everything is clear, but not yet assigned to IO





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  • gcformeornot
    12-13 04:10 PM
    I work for a very large Auto company. Now a days most of the new guys are coming on L1 visas. They work like H1 would work at client.

    The biggest thing is the work (vehicle design work) witch was considered not outsourcable till few years back started going to India. Few of the L1 do work here in day time.........send data out when its night here...... the guys who work there in India come to US for 2-3 months to get a feel of design work and then work from India....

    I aggree 100% on what OP is saying.....



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  • vin13
    06-24 01:32 PM
    Source: Frank Sharry: Memo to the President: Yes, Move Immigration Reform This Year (http://www.huffingtonpost.com/frank-sharry/memo-to-the-president-yes_b_220072.html)


    On June 25th, President Obama is convening a bi-partisan meeting to discuss the prospects for moving on comprehensive immigration reform later this year. If he asked me about the politics of immigration reform in this economic climate, this is the memo I would send to him:

    Mr. President, with so many challenges facing America, is it too much to tackle immigration reform this year?

    Reform advocates point to the pledge you made on the campaign trail, to make immigration reform a "top priority in my first year." Yet skeptics argue that the economic crisis makes your campaign promise moot. They believe you should delay immigration legislation and focus on the economy and your other legislative priorities. While addressing immigration may seem to be heaping another issue onto an already-full plate of priorities, there are four compelling reasons for you to move forward with reform this year.

    First, the public support for immigration reform is growing stronger notwithstanding the conventional wisdom advanced by the political class. For a big majority of Americans, the failure to address immigration is a symbol of Washington's failure to confront and solve tough problems. Comprehensive immigration reform - the key elements of which require strong enforcement at the borders and in the workplace, coupled with a mechanism for unauthorized immigrants to get legal, learn English and pay taxes - is viewed by the majority of Americans as the most practical approach to addressing this complicated problem.

    And in this economic downturn, voters are actually more supportive of immigration reform than at any other time. As pollster Celinda Lake tells it, "voters are very focused on finding solutions to our problems. They support comprehensive immigration reform as a practical, common-sense solution and have no patience for politicians who want to point fingers and score points rather than fix the problem."

    The evidence for this point of view is growing. A Washington Post/ABC News poll showed 61% support for giving undocumented immigrants the right to live in the U.S. "if they pay a fine and meet other requirements," a 12% increase since 2007. The Pew Research Center recently found that 63% of respondents supported a pathway to citizenship, up 5% from 2007.

    In polling conducted in May by Pete Brodnitz of Benenson Strategies for the organization I direct, 64% of voters support comprehensive immigration reform before it is described, and a whopping 86% support comprehensive reform after it is described. In response to a head-to-head question that pits comprehensive reform against the enforcement-only approach favored by most Republicans and some conservative Democrats, comprehensive wins 67% to 31%. Among those voters who describe themselves as undecided for the 2010 Congressional elections, they not only favor comprehensive reform at the same levels as Democratic voters, by a 69% - 28% they want their elected leaders to tackle immigration reform this year.

    The second reason you should move forward is that your commitment to move on immigration reform has created enormous expectations in the Latino community. Your campaign promise was a galvanizing factor in motivating Latinos - especially Latino immigrant voters - to turn out in record numbers in 2008 and swing decisively to the Democratic column. These new voters helped flip at least four states that voted for George W. Bush in 2004 to Obama states in 2008 (Florida, Colorado, New Mexico, and Nevada).

    While some like to point out that polls of Hispanics put issues related to the economy as higher on the priority list than immigration reform, the fact is that Immigration reform is a defining issue for Latinos the way civil rights is for many African-American voters, choice is for many female voters, and Israel is for many Jewish voters. For example, in a recent poll of Latino voters conducted by Bendixen and Associates on behalf of America's Voice, 82% called the issue personally important and 87% said they would not consider voting for a Congressional candidate who favors forcing most of those in the U.S. illegally to leave the country. Moreover, expectations are sky-high: three out of four Latino voters expect you to keep your pledge to move on immigration reform in the first year.

    The third reason you should move forward is that fixing immigration is a critical component of fixing the economy. Immigration reform will benefit American taxpayers by requiring workers and their employers to get legal and comply with their tax obligations; it will benefit American workers whose wages and working conditions are depressed by unscrupulous employers who exploit unauthorized workers; and it will benefit law-abiding employers currently undercut by bad-actor competitors by significantly reducing the incentive to underpay workers and pay them off the books in order to win business. As for increased revenues, get this: a Congressional Budget Office study of a legalization component included in the 2006 McCain-Kennedy bill projected increased revenues over 10 years totaling $66 billion. Not bad at a time of squeezed budgets.

    Finally, the moral stakes are high and getting higher. How we as a nation deal with illegal immigration has become a defining moral issue for our nation. Ultimately, the question we face is this: are we going to allow hardliners who want nothing less than the expulsion of millions of immigrant families already living in our communities to dominate the debate? Or are we going to live up to our tradition as both a nation of immigrants and a nation of laws and write a new chapter in the American story of how including "them" makes for a stronger "us?"

    Immigration reform will not be easy, and yet, this is the kind of big issue that led you to proclaim the fierce urgency of now and run for President.

    This is your kind of fight, Mr. President. History is calling.





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  • stirfries
    08-19 07:09 PM
    Hello Friends,

    As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]

    At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.

    I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.

    I really want to do that. I am not sure where to start.

    1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.

    2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.

    3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.

    Gurus...any help or advise or information is really appreciated.

    Thanks,



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  • chanduv23
    03-26 01:47 PM
    one doenst have to argue but can definitely question why its not there on their website if its not htere..they just cant decide one fine morning to just start as king for stuff...

    I agree. They have to follow well set guidelines.

    I would say - those having issues must all get together and write to the Authorities asking them to update rules on website and not arbitrary.





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  • pady
    08-20 09:07 PM
    I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.



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  • raydon
    10-12 03:03 AM
    Looking at the movement of dates for EB3, esp India and China, it's hard to be optimistic of any changes. It's a very wretched position to be in for Indian and Chinese nationality, if they're in EB3. All those who are eligible to port will definitely try to port to EB2 as long as it's available and cut their waiting time. It might be risky and unpredictable, but it's a risk worth taking considering the endless torture in the form of a long wait and zero or little forward movement of dates.

    There've been times when I've felt like attempting porting, but am not sure of the reaction of my employer - a big "reputed" company. If they revoke the I-140 in retaliation for using AC-21, then no chance of porting and back to square one. So it's the seemingly endless wait for me just like all others suffering from 2001 onwards. If only I'd not hesitated to take a bold step back in 2003. Too late to lament about that though.





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  • Sachin_Stock
    08-25 10:14 AM
    While it is true that EB 3 india will take "forever" for those with priority date after 2005, USCIS has been coming down heavily on recent spate of EB3 to EB2 filings. One thing to ask an employer who claims to file EB2 on your behalf is whether they have applied similar EB2s successfully for candidates at similar position that they are offering you. If they fail to provide a satisfactory answer, they are more than likely luring you with a false promise.


    That has always been a standard practice. That is part of PERM Labor process and is NOT new.





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  • malaGCPahije
    07-25 11:07 AM
    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.

    I met a guy yesterday who applied for GC in 1998. EB3-I. Has not got his GC yet. You would expect him to feel worse than what you feel. But he was completely relaxed. Reason, he does not expect his GC anymore.

    Be happy that your PD is going to be current. But remove any expectation. If you get the GC, enjoy and party. If you do not, you will get it soon sometime later. Once the expectation of something is out, you will suffer less.





    shana04
    02-12 04:44 PM
    I TRansfered my H1 B Visa first time in the August 2006 from Company A (GC Sponsering Company) to Company B.

    Everything went good.

    Last year in March i did transfered my H 1 B to Compnay C from Compnay B

    and i July last year i applied for my I 485, and got my EAD in Sep 2007.

    Now the total 180 days have been passed am i eligible for AC21 and if yes then what are the formalities to get AC21.

    Also Compnay A has told me earlier that they will revoke my I 140 but i do not have any means to know wether they did revoke or not, how do i know if they revoked my I 140 is there any way to find this out.

    Your Help Will be a big Help for me

    As you said I 485 filed + 180 days. So you are out of danger.

    1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
    2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
    3. Your I 140 should be approved
    4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
    5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
    6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).

    That should take care about your AC21.

    Good luck.





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