Friday, July 1, 2011

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  • Legal
    07-28 10:18 AM
    It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.

    If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?

    Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.

    For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?

    I know only of Java coffee:). I promise you Ron Hira wouldn't be interested in my application.

    It looks like EB2-EB3 having overlapping qualifications is a major source of frustration for you. I have similar issues with EB1-EB2 overlaping qualifications.




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  • simple1
    05-01 02:02 PM
    thanks. IV Core could you please discuss and advice ?

    This is an excellent point. I would like to raise this up in next IV conference call.

    Looks like this is a good idea. Even if FB2 is not current, USCIS might allow applying for 485 in such cases.

    Maybe someone more knowledgable or from the core members can throw some light on this.




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  • Chris Rock
    09-23 08:35 PM
    EB3 India guys realized that this is the only path to GC nirvana!

    So our(EB3I) mantra now is "Port, baby, Port".:D




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  • Ramba
    07-09 02:57 PM
    Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.

    BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.


    __________________
    Not a legal advice.

    In this enforcement climate, self-employment is risky too. The memo is not a binding rule. Having said that, even if any one chose to self employment, they must have very proper documents including long-term contract agreement with few clients, that explanis the service you provide shold be in-line with orginal I-140 job duties. In current H1B denial rate becuse of client letters RFE, the self employed AC21 cases shold be more prepared, in case of RFE.



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  • looivy
    11-18 11:29 AM
    Done




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  • abq_gc
    08-19 12:17 PM
    everyone here is in favor of supporting BILLS and what not for recapturing VISA's and stuff.. but I believe Prevention is better than cure... why do we have to support or introduce these BILLS in the first place.. if USCIS had worked effeciently all these years ? I think instead of introducing BILLS after 5 years to recapture VISAa why cant we do something to make USCIS efficeint right now ??

    Make USCIS more transparent and efficient -- that should be the GOAL.



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  • aquarianf
    04-24 11:18 AM
    Guys one more perspective:

    1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.

    2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.

    3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.

    Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?

    Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.

    Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline

    When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?

    Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.

    I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.



    I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.




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  • conchshell
    02-26 12:53 PM
    Last year we started a major membership campaign in Colorado. People kind of agreed that IV is the appropriate platform for this crusade, and they were willing to contribute money, but only if they see required transparency in the IV organization. Members of the state chapters have so far not heard about how the contributed money is spent, and what kind of lobbying took place in Washington.

    Is good to hear the cheers of "IV is our only hope", and yes in one way it is, but unless we bring required reform to IV, the status quo will maintain. That is several years since its inception : limited number of paying members, half hearted participation in various campaigns, and inactive state chapters.



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  • kcforgc
    05-08 02:24 PM
    How about we all start a THANK YOU campaign? It would be similar to a flower campaign that we all did we send Thank You cards/letters to the President?
    Just a thought?




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  • ak_manu
    06-09 11:40 AM
    Hi,

    I filed for my I-140 last month and got a reciept notice. Based on the processing times it looks like it might take atleast 6 months for my I-140 to get approved. My priority date is 07/2004 EB3. In case EB3 dates move this month and my PD becomes current, Can I still file for my I-485 this month even if my I-140 is not approved yet?

    FYI,
    I cannot file for I-140 premium processing as I have filed for I-140 with a substituted labor.

    I appreciate all of your comments.

    Thanks!!



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  • rc0878
    09-20 09:07 AM
    please check my signature...




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  • a.j.2048
    02-09 08:13 PM
    Terrorists are banned from visiting USA.
    Narenda Modi has been banned from visiting USA.

    You do the reasoning :D

    Ah, but terrorists targetting India are welcome in the USA. Musharraf is welcome to visit and Headley was welcome until he turned against the Europeans. Now see what Indian politicians are welcome in USA with reference to the original comment :p



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  • gc4me
    08-18 12:45 PM
    Are you sure that your application was received on Aug 8th, 2008?
    If ture then this is the shortest time I have ever seen for EAD approval.
    Lucky you!
    May be your Green Card producttion was ordered! Please share your experience.

    Hi,

    This is for my wife's first time EAD.

    Category: EB2, TSC
    Priority Date: June 20, 2006
    I-485 filing date: July 17th, 2007
    Paper based EAD application Received date: Aug 8th, 2008
    LUD : Aug 12th, 2008
    Card Production Ordered : Aug 16th, 2008

    That was pretty quick.
    Funny part is, I haven't received receipt notice yet.




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  • BharatPremi
    09-21 12:20 PM
    Which number to call?? Do they ask all the details of lawyer as well??

    Thanks

    Call USCIS on 1-800-375-5283. Then sequence to get the "Human" on line is 1-2-2-6-2-2-1.



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  • immi2006
    11-21 11:37 AM
    I think courage to fight back can cure.

    I came out of a rare disease myself in the last 2 year battle for which there was no cure.

    You got to fight it out. My prayers are with you, hope the outcome is positive.




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  • walking_dude
    10-08 02:31 PM
    Please donate $5000 to IV and they'll make it their top-most agenda

    /sarcasm off

    Action item for IV, besides visa recapturing etc. Its one of the items they
    should add to there agenda.



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  • yadav
    08-29 10:04 AM
    My I-140 was approved by NSC in feb 2007, and my I485 was delivered on aug 10 to TSC.
    1. Does anyone think that my case might be transfered to NSC (since I140 was approved there).
    2. Can i file for AP without getting recipt for 485 (instead of recipt i am planning to attach the fedex delivery notice)
    3. Is there any way i can find whihc center is having my application.




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  • desixp
    11-18 02:34 PM
    Done




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  • sbabunle
    03-09 02:23 PM
    sorry msp1976. You are not alone. I've a slightly different story.

    I came in 1998. Was working with Indian startup. He screwed me
    up big time. ( I decided after that I will never work for Indian employers).
    He kept on telling me now, tomorrow..for starting GC process. Finlly
    he told me to go back to Indian office( In 2001). So I quit.

    I joined with new company. After 1 year they agreed to start
    GC for me. Another Desi in the company already started his GC.
    I had to go with that lawyer, since company doesn't want to deal
    with 2 lawyers. There was something going on between this lawyer
    and this Desi guy. Anyway this lawyer took all papers from me
    and told me everything filed. After one year I came to know that
    he did not do a thing. So in effect I miss the golden chance.

    I had to start again. In 2003 middle they filed again. And
    then the retrogression.....The story goes on....






    After two years in the US, I told my employer that I want to file for GC...
    Going to and fro he spent 8 months sayign that he is in the process of doing it...Then he gave me the papers to sign...After that he kept telling me that the lawyer had filed it for one and a half year...In April 04 employer changed lawyers...The new lawyer tried to find all cases at the DOL...My case and one of my friends case is 'missing'...They telling me that is old lawyers fault.....They told us to file a new cases...I am sitting around since July 04.....I am so sick of this whole thing.....
    July 04 was my chance to change job or go back...I decided to stick with the job...my bad...Now I am really stuck.....Am waiting for 8th year extension...Wife finishing MS in May and baby on way....I am stuck with dead end job...not well paid......




    senthil
    06-15 01:01 PM
    as july VB states all EB categories for india is current, is there a chance ( or even worst case scenario ) where the dates can retrogess in the middle of month anytime ?

    in other words can we take it for granted that the dates will NOT move back till the last working day of july 07

    any ideas / inputs ?




    anilsal
    12-16 09:29 AM
    it will be the most fulfilling. If life came to you on a platter, it would not be as enjoyable.

    With pain comes learning and experience.

    For those folks to whom GC and citizenship comes with low hardship, life will get them in some other way. This is the truth of nature.



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