Saturday, June 18, 2011

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  • skynet2500
    11-25 04:12 PM
    Thanks Pappu and IV. the data looks very rosy for EB2 I. I hope it is accurate..:)





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  • logiclife
    12-13 04:08 PM
    logiclife,

    Your logic is beyond me. On one hand you seem to disagree with the practice of labor substitution but on the other hand you are more than happy to provide the recipe for it. Are you for it or against it. Or may be you are just trying to help an IV member.

    It may be legal but should be discouraged to say the least.

    I dont like that practise of labor substitution. Its unfair to everyone who cant do it, which is like 99.99 % of people. However, I am saying that its legal because it is. But by saying its legal, I am not saying that I am glad it happens.

    If every one of labor petitions out there coming out of Dallas and Philly BECs are up for grabs then the priority dates will never move forward as newer employees keep getting ahead of those who are stuck.

    The reason I am advising this guy is because I dont want him/her to get trapped at an employer where he is in a vulnerable position. I know this kind of employers very very well and they are inhumane (understatement). These are the guys who would make Jack Abramoff and Tom Delay look like ethical saints. You get the point. That is why I am saying that you need body armor when dealing with this kind of employer. That is why I would like this fellow to get his own immigration lawyer to handle everything so that HE/SHE has visibility and control, otherwise he/she is going to end up getting GC even after all of us have our GC after retrogression is over .





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  • like_watching_paint_dry
    02-27 04:23 PM
    Since the CP guys are in minority here , if IV has to invest for them (read we all have to pay for them ) let us see how much they can contribute for their own provision. Let us see if each one of them contribute more than 500 dollars to IV and posts the paypal number.

    Why should majority allow a provison for some minority who do not even want to first contribute.

    It's not like IV is not addressing their problem with the current mandate. IV seeks to address the retrogression issue. If retrogression is addressed, it will benefit the minority CP filers just as much as the majority 485 filers.

    These two (willwin and tinku) somehow fail to understand that big picture and are only interested in getting IV contributors to pay for their short term interests - all because they made a mistake, got greedy, gambled, thought they can beat the 485 filers to the finish line by going CP... bla-bla-bla.

    Not on my dime.





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  • qualified_trash
    05-26 10:02 AM
    Jaime,

    It is easier for you to go to India if your company sends you there on an expat assignment. As the pool of available labor is very high, it is IMHO very difficult for you to go independently. You can also try to google for agencies that recruit people for specific skills etc that maybe in short supply in your specific industry. I am not sure what your skills are (IT, Sales, Marketing or Engineering etc). More information would let people give you better pointers.



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  • shamu
    01-15 12:31 PM
    We are not sure of the chronology of events such as your wife's pregnancy, Your job change, your insurance start date. If you guys had individual insurance before your wife's conceiving, insurance cannot deny coverage as pre existing condition. Make sure you put these events in a time line and rule out the possibility of coverage. if you have done so, you have to explore other options.

    As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.

    The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance

    Thank you Nixtor and all other IV friends who have helped me.

    And all those who came to this thread to help me and gave me lot of moral support.

    I am really thankful to all.

    I wish all of get the GC very soon.

    Good luck to all.





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  • gauravster
    04-22 11:52 AM
    I wrote on the Whitehouse link. Also added a personal story. I will also mail this to all the congressman and senators of NJ/NY.



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  • gianik
    05-26 11:35 AM
    Thanks for greaat posts, everyone. Just to follow up with Jaime's point it is tru that we are not all from India or Aisia in general. I guess I should have mentioned that. I am from a northern place - from Russia. Actually I was born and raised in one of the southern former Soviet republics, which had relatively warmer climate. But I lived for over 5 years in Russia before coming here. I just mention that, because I read it the cold Canadian weather seems to be the number one downside. It is not such a big deal to me or my wife, because it was as cold or perhaps even colder back home.

    Just as Jaime I am not here just for ecenomic reasons. I wuld be better off (financially) back home. I guess we are in search of better life (qualitatively), and that is why I am wondering about Canada.
    And perhaps due to somewhat European backgraund I seem to have nostalgia for European flare sometimes; hence the questions about Montreal (which I presume is a bit more European that TO).
    I guess I would like to put a streignt question to those who lived in or familiar with Canada.
    - I am from a Northen Country (even leave in Northeast here in US).
    - I worked full time for 5 years in US (plus a year of internship)
    - My field is Not IT though, it is in business (data analysis, finance, supply chains, etc)
    - My in English is quite good (for and immigrant especially)
    - I have some basic knowledge of French and willing to learn more
    - I have a Masters degree (few actually) from US universities
    - As I mentioned I have a family including kids.

    My question is - what do you think my chances are in Canada in general, and in Montreal specifically?

    I would appreciate any response. Thank you very much!





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  • vrbest
    08-20 01:19 PM
    NSC: July 3nd 2008

    FP : Aug 1, 2008

    LUD on AUG 3, 2008

    EAD for me, wife and son.. No signs of approval yet



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  • neoklaus
    10-27 10:21 AM
    Congrats!!..

    BTW,which service centre?

    Nebraska





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  • chanduv23
    10-26 05:17 PM
    Another news making. Advice to all of Youngster Indians and Indians here by the India's outsourcing chop shop IT messihah Infosys Chief.

    Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)

    Well, what is the point in saying it now, he should have said it in the 90s and early 2000 when industry was booming and people found a career path in coming to the US.
    Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.



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  • wahwah
    06-05 12:03 PM
    HQPRD 70/6.2.8-P
    Michael Aytes
    Acting Director of Domestic Operations
    December 27, 2005


    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)

    I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?


    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above

    Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.





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  • nozerd
    01-04 11:16 AM
    Yeah if the restriction was for non immigrants none of their "special" buddies from gulf states like UAE, Saudi, Kuwait etc would be able to visit.


    Some on work visa is ineligible under
    Section 212(a) of the Immigration and Nationality Act reads:
    (a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
    (A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible

    IMMIGRANTS GET BETTER DEAL
    http://travel.state.gov/visa/immigrants/types/types_2991.html
    In cases of polygamy, only the first spouse may qualify as a spouse for immigration.



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  • Pineapple
    12-26 04:35 PM
    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.





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  • kate123
    02-12 08:48 AM
    Exactly Same thing happened to me last year..

    I Complain to IRS and they issued me W2 with in 3 days...

    Dont worry you will be alright.. Go ahead and complain to IRS...





    Hi

    I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....

    Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...

    He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...

    Also, he seems to have closed his company..

    Folks please advice....



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  • yabadaba
    06-26 08:58 PM
    man.. u sure are an idealist...people dont even donate 25$ on this forum.. u think they will unite and not file???

    This is a free for all....any person on this forum will gladly sell the other person if he can to get 1 day advance on the 485 filing





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  • Beemar
    01-25 10:52 AM
    Tri-Valley University Faculty Members (http://trivalleyuniversity.org/faculty_member.htm)
    Dr.Susan Xiao-Ping Su Tri-Valley University (http://trivalleyuniversity.org/message.htm)

    Founder is Chinese. Most of the faculty is also Chinese.

    This is fantastic :). Indians are still stuck with hole-in-the-wall body shops, and the chinese have an entire university to beat the immigration hurdles. Chinese genius is far superior.
    :D



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  • GCaspirations
    09-20 09:52 PM
    Have anybody of you whose cases have transferred from NSC to CSC and back received Finger Print Notice.





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  • Soul
    02-07 09:48 AM
    Probably a king :P

    Or a merchant heh

    You?

    - Soul :goatee:





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  • Mount Soche
    12-18 09:16 AM
    This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.

    The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.

    That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.





    bluekayal
    08-29 05:25 PM
    I came through SFO a few days ago. I was prepared to leave if told that I could not stay, (having lost my job last November and not having found another). I was asked if I was still working for the petitioner, I replied truthfully that I was not and that I was looking for another job. I was then told it was OK, and "welcome back".

    I've got a code I biometric notice eventhough I did not apply for and EAD. What might this mean? Thanks to USCIS I lost a 2004 PD ...now its a 8/2006 PD.

    In the meanwhile I have a Phd offer from a top UK university and am planning to take that opportunity, even though I have an admission to a Master's here with full scholarship.


    Bluekayal Sorry to hear that you are still stuck in this mess. I am still in the university this is my second job change after GC. Hope your job and GC situation change to positive soon.





    techysingh
    01-17 04:24 PM
    Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
    If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.

    Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
    can you send me a copy of what you wrote so i can also do the same!