Tuesday, June 14, 2011

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  • chisinau
    07-23 03:06 AM
    You are welcome!
    I am not sure about DS230, my attorney did it around 27 - 29 of June.




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  • slammer
    07-11 07:09 AM
    I couldn't believe this. Wonderful news. Thanks

    Yes, you're right, for you it's really great news ! Congratulations !!!

    Rita




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  • muni_k
    06-10 11:10 AM
    snhn
    what is a DWI?thanks.




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  • amitjoey
    07-18 09:51 PM
    Thanks a bunch for all of you who contributed today, I read each and every post and felt very content that atleast there are people who feel the same way like I feel. IV is the only org that stands for us. It is time to strengthen it, Most of you have no idea how much money is really needed for lobbying, and how far it can take us if each of us contributed a little every month.
    Minimum $50/month.



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  • JunRN
    09-28 10:08 PM
    Well, do you want to be the most cursed person in the world?:D

    Regards,
    IK

    Putting myself in their shoes...that's why I don't curse them...not even once...I pray that they do their job honestly and efficiently...that's the least they can do for us...

    who knows some of them are legal immigrants as well!




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  • gk_2000
    08-24 01:35 AM
    GK, All I can say about your disconnected arguments are one thing. Myself and Nathan are talking about fairness about the system and on how corporates exploit the loophole thereby exploiting the hardworking individuals like you and me. We never here scolded and ranted about the program and as a matter of fact we are having issues with the so called "LoopHole" But your arguments are going in a completely different direction. You can re-read all of our posts again and see where we mentioned anything about ranting against the program.

    If you really want, you can make sense of the "disconnected" arguments, as they all address various points of your counter-arguments.

    And again, we are unable to get enough members to fight for visa recapture or i-485 filing and you want to go about closing loopholes?


    And BTW FYI, I never worked for TCS.


    There was no way for me to know, but my "guess" is close enough, dont you think?


    And to let you know, I did my Masters in Soft Engg from BITS and Bachelors in Technology. When I say I got paid 65k for the kind of service I did to the company(5 yrs ago) , itself says a lot of things on how companies exploit which has no relation to the number of yrs of experience and qualifications.


    To remind you, this platform is for what purpose? This argument is tangential, as is the loophole one. We want to focus on what? I will let the below argument pass, after saying this much. But yes, I do emphasize with you on what happened. But I also have my share of tragedies



    All that matters for those companies is whether client is made happy or not, irrespective of what you undergo. FYI I worked company starting with W (top 3 IT companies in India at that time) .

    Let me explain you how this works.....Exactly as to how it happened in my case.

    First you are given ransom salary offer say 30-40% more that what you might be earning and an immediate on-site offer within 12 months of joining the company. You feel pretty happy with all of those initially.

    Later they send you onsite as promised on L1 by making you wait for 1 yr, (even when they can sponsor you H1) so person would be eligible on L1. Things will look good until now.

    While sending you to onsite, no one will let you know what kind of salary you would be paid. Things will start to get interesting from the moment you land in US.
    You are paid just a week of hotel stay(extended stay) and 1 week car rental(only if you have valid DL). You have to beg / borrow for a ride or take public commute if available.

    After 2 days of settling you will be given a salary letter stating that your salary is 50k with a bonus of 5k.
    This is the catch. The companies feel that sending a guy on site itself is a big deal. Logically you think that person earning more at offshore than the other person will also get paid more. Its not the case, everyone at onsite are paid the same, irrespective of what their salary is are offshore(only 2 salary ranges exist).And there is no offshore component, and the pathetic thing about it is, you are paid basic salary at offshore deducting from your onsite salary.

    Also, just so you know, and onsite person playing a manager role is just an additional responsibility and not a dedicated role. So this is on top of your regular technical role.

    And now comes your GC step. After you spend 5 yrs onsite, since you have to leave back after 6 yrs, the company will file in EB1-A and thereby getting your GC. After you get your GC, you are already out of touch from the rest of the world except from your daily offshore/onsite issues and so on and you would not be able to know as to what exactly you can do with your GC. All that happens is you will not be fit to work anywhere except the place you were working at. This has happened to many of my colleagues. I was lucky enough to get out of that chaos after my 1 yr at onsite. All I can say is I'm very much happy now with GC filed in EB2 and making much more that what I used to ...



    BTW your comment on someone working for $1 or 30k is for their own noble cause and you cannot expect everyone to have that.



    So can you force everyone to take higher pay? It's a matter between private persons, isn't it? I guess it is a bigger deal for small guys, as the labor market comes into play. No sense applying it to executives


    And coming to a conclusion about someone who you do not know about is uncalled for...



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  • indyanguy
    08-13 04:46 PM
    The other thing i'm trying is your Option 2 - If that succeeds ( before our Indian Brother files lawsuit to stop Porting) I should be good. But that's a dream because my EB3-I 140 is stuck at Nebraska - once that comes out of that hell , i should be going on full steam. It wont be difficult to find a Job with my skillset who will sponsor me a new PERM and new EB2 140 and port my Lousy Eb3 140 Priority Date.

    I am exactly in the same situation. Sometimes I feel that I should just dump the EB3 application (PD: 12/04) and start a brand new EB2. Maybe the EB2 PD of say 12/08 will end up to be better than EB3 12/04.




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  • newbee7
    07-05 11:29 PM
    Dugg! and posted a comment...
    Please also digg comments.



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  • smc
    07-23 09:45 PM
    Am surprised that there is no communication from IV Core on this.




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  • ronhira
    07-06 02:02 AM
    I agree, what did I do for IV for the past few months, nothing. Responded to one or two threads. Been very busy at work and was not able to contribute constructively to this organization. I am wondering how many of us are in this same boat, what are we all actually doing in helping the organization from either volunteering, getting more people to open their eyes and recognize a problem and organize and mobilize people. I have been trying for the past 4 years and its not easy and not always successful. To see the leadership team constantly juggling between work and working on different initiatives and putting in self less hours really requires appreciation. Now I think its worth asking ourselves, how much have we done or are willing to do to take us to where all of us want to be IMHO.

    let me ask you this. did anyone from "leadership" call/email/contact you when you were inactive/busy with your life. if the leaders did not call/email you, how will you know if your help is needed. i don't see how its u'r fault



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  • gccube
    07-19 03:29 PM
    You forgot that there were another 150,000 applications in this example with RD prior to PersonB and it is very likely that many of them could have the PD of April, 2003. Therefore, PersonB will still not get it even though he/she has an older Priority date!!

    I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!


    If a person with PD 2003 May applies for AOS only in Oct 2007. If the above said statement is true then when are they going to work on this new application they got. If they are not going to work on it until the RD becomes current why are they even accepting the case.




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  • swede
    07-24 08:05 AM
    Congrats to your approval!

    I'm just waiting for them to start working on the 2002 cases now, since everyone who applied later already got their greencards it seems. :(
    I think it is sooo unfair that someone who applied in 2005 already got a green card and taking the visa numbers when others have waited 3 or 4 more years(!) extra have to wait even longer. That is something for IV to fight for...



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  • hmehta
    07-24 06:39 PM
    Probably it differs by state, but DL has no ties with H1-B renewal or vice-versa, at least in CA. My wife's H1 expires in Apr 09, but she recently got her DL renewed until Sept. 2012!! If it was a federal law change (after 9/11), it would have to be applied to every state.




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  • rennieallen
    09-28 08:51 PM
    They are working overtime for it, hopefully 24 hours as well. This is my fear even before this announcement that visa numbers be wasted again.

    Maybe we can volunteer to adjudicate each of our own case...lol!

    When I was a kid in school the teacher solved the bottleneck (of him/her doing the correction of tests) by having the students mark each others tests.

    I'd be happy to adjudicate your case JunRN, if you'd adjudicate mine; heck, I'd even let you use your "current" Bank of America visa in place of a DOS visa :-)



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  • Milind123
    09-12 05:29 PM
    Hi IV members,
    Thanks for all the work and effort put into making the life of many simple.
    Just made a small contribution from my side
    Details
    $100 from paypal Receipt ID: 0140-0216-9540-2146
    Thanks
    -Ska

    Way to go first post and a contribution.




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  • murali3000
    08-25 10:13 PM
    Indian market is expected to go down till 2010 .
    If the inflation does not improve, it may continue until 2014.
    Next year in india we can expect home credit crisis ( like USA). - more chances with this current economy.
    The current prices in Hyd ,Blore, Chennai are artifical booms. - it will come for a correction.
    But for sure, if you buy a property you CANNOTexpect that to go up by 500 or 700 % up in a year.
    But real estate is always a good investment in life.
    And on your question - i think SBI you can get loan from here



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  • Mygr8life
    12-18 02:02 PM
    I think they will apply spillover only in the last quarter (July-sept 2010). Nothing will happen till July. And even in the last quarter, significant jump would be only in sept.

    Kondur...My gut says you are probably right that "they will apply spillover only in the last quarter" but the INA law says "quarterly...". So if "by law" if they are required to utilize the quarterly quota by Dec 2009, how many estimated #s are we talking? Is the estimated spillover visas couple of hundred or 1000 or 10,000-15,000???

    Can someone answer the following (I understand IV has crunched the numbers and have predicted dates, but it would also be helpful to see these translated into #s): Does anyone wanna take a shot at crunching the above #s?

    Between Oct2009 to Dec2009 (1st quarter):
    1. How many total employment visas (is it be 140,000/4) are available per quarter?
    2. How many total EB1+EB2Row pending applications?
    3. Now the big assumption, How many of these have been adjudicated or have been alloted a visa # or could potentially use a visa #? (gurus...make some assumption).
    4. So this current quarter how many visa #s are leftover for spillover to EB2-nonRow? (theortically should/could be or must be/allocated or "used up" by Dec2009, i.e. within the next 13 days)?

    So in plain english: The answer could be as simple as "This quarter, which ends on Dec31, 2009, there could be .... visas available for spillover".

    This might be unreasonable to expect but could be useful information...Whether spillover happens this quarter or not? thats a different story:confused:

    Thanks.




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  • smuggymba
    08-23 08:06 AM
    This line is not good:

    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;




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  • GCOP
    08-13 03:52 PM
    Thank you Conchshell , willwin for your active participation to resolve EB3 visa problem.
    I agree to go to DC and meet congress members , which would probably help to win support for Visa Recapture Bill.
    Whichever date you decide, just PM to me.
    IV help will be appreciated to arrange the meetings.

    I don't think we can do 'anything' about EB3 I. We are 100% at the mercy of USA (politicians, USCIS, DOS or whoever).

    some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.




    ras
    10-16 05:47 PM
    Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
    Issue/Background:


    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.


    Should you have any questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number




    cheg
    07-23 03:21 PM
    Wow! Good for you! So when did you apply for your I-485? Please let us know the details so we can compare it with our situation. My husband is EB3 as well with PD Feb 2005 (Philippines). Thanks!



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