Monday, June 20, 2011

pink panther 2

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  • sc3
    06-20 01:50 AM
    Thought I should share my EB-3 (horror) story:

    First initiated my RIR labor in 01/2002
    PD: Aug 02,2002
    RD: Sept 18, 2003
    Approval: June 19 2007
    I765 & 131 renewed 4 times.

    Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.

    It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.

    Congrats on your approval. I see that you got your labor in less than a year, surprising you got stuck with 485, lots of the ones I know got their 485s within 8-10 months during 2004-2005 time frame. Of course being in west coast meant that we waited for our labor certs for about 3 years. Green Card, not unlike death, is a great leveler. Enjoy your GC.

    BTW: Your lawyer is not necessarily wrong. USCIS will look into the company's other applicants, if most of them are applying for EB3 with your pay grade in your own company, then it becomes difficult to justify your EB2 position. USDOL may consider it as excessive tailoring of job requirements.





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  • wahwah
    06-05 04:07 PM
    well this memo is taking it one step further than the last memo -

    it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.


    I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.





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  • hope_4_best
    04-02 11:45 AM
    sent both faxes





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  • help_please
    07-13 10:06 PM
    http://thomas.loc.gov/
    Please visit this site and search for bill # s. 774. This bill does not specify that you must be illegal to qualify.



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  • adibhatla
    01-12 11:49 AM
    �Permit to re-enter (valid for two years. This document guarantees the holder�s return only if his stay outside the USA has not exceeded two years),

    Can't this be construed as AP doc.??





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  • gk_2000
    07-29 01:24 PM
    Friends, what is the use of screaming here in this forum? We should become more effective in getting our point of view across, as the important people just don't get it. We should pay attention to the way we are highlighting our issues, or else our questions will continue to be struck down by lame explanations

    For one, it might have been better to ask: What are you going to do about the visa backlogs that have long delays like 10 years and more?

    Ours is NOT to suggest solutions. Our job is to lay down the problem as clearly as possible



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  • 485Mbe4001
    07-08 04:25 PM
    why single out one guy, he is doing what is good for him. What do you expect if the even people registered on this site are not willing to do do something to help themselves. The attidude is i have EAD/AP i am free or I am EB1/2 its just a matter of time till i get the GC. Even the politicians are using us for their own agenda and to score political points.


    Just to add to your description of indians, We have people like Bobby Jindal of indian origin who doesnt care about his own roots and his own people but would do anything for his own selfish political career.(Even change religon and change name). Shame on you Mr Jindal.





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  • logiclife
    02-21 11:10 AM
    I recant my earlier outburst at mercies since I realize that he was acting as a messenger to the problem. Sorry for the offense mercies.

    There are many people who would just run away from effort when doubts are raised and since people of afraid of being punished for just advocating a public policy or writing a letter to congress in the first place. I would request you to not reproduce posts here or on portal that would echo the material the plants fear and doubts among members. When the core group is spending 2-3 hours a day on top of their fulltime job plus the weekends, plus out of pocket expenses on travel to DC, its disheartening when a post on forum scares away sceptical members.

    I have already edited my earlier post.



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  • Drifter
    04-13 03:58 PM
    So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.

    A recap of my situation:
    Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!

    It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.

    Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.

    I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
    The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.

    I have registered to be a recurring contributing member and I intend to be an active member of this group.


    My lessons from this crazy experience are:
    - Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
    - There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
    - We need to strengthen IV in all ways we can, we need to be active.
    - And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.

    I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.

    - Peace


    ps:
    Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.





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  • shree19772000
    12-05 03:05 PM
    I guess my question stems from the comment above. Say if I do not get my GC and I wish to go back after 10 yrs is it possible to get my SS money back even if I am on H1 status?



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  • Photos from Pink Panther 2



  • rb_248
    10-30 03:47 PM
    Just came back from Info pass appointment.

    The officer told me that they haven't seen any thing wrong in the system.
    Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)

    Then i have asked him why the letter says "not admissible under the current law"

    He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.

    That sounds like good news. You must be relieved.





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  • kk_kk
    06-10 11:25 AM
    EB3 India: November 1, 2001

    This shows .. EB3 India may not be moving forward for much of 2010. May be it will move to Apr 2002 by Oct. 2010. Very disappoiting :(. We really need Visa Recapture or CIR.



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  • rameshk75
    02-12 02:51 PM
    Hi Shana04,

    Did you invoke AC21 with H1 transfer? I mean did you transfer your H1B to a different company which is not your GC sponsoring company? If so give me more details..

    Question:
    Am working for a GC sponsoring company and applied for 485 and received EAD, AP etc... Am not willing to move to EAD..can i change the company with a H1B transfer and invoking AC21? Pls give details..

    Thanks


    I have noticed soft LUD's on all receipts including I140, H1B with all other receipts (485, EAD and AP) for my self and my spouse after using AC21 with H1B transfer.

    Not received FP yet and did not call Service center for it.

    Any clues? or any experienced the same.





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  • shamu
    01-13 05:39 PM
    Are there any groups (I mean any orginzations ) which would add individuals into their group insurance.

    Please provide your inputs.

    Thanks,
    Shamu



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  • badds01
    09-09 09:11 AM
    My I-140 is approved in 2006 and now i have filed my I-485. My employer has not given me any kind of doucments like I-140 approved document or Labour Substitution document. The only form he gave is ETA 9035E after my substitue labour was approved. If I want to change job after 180 days using AC21 do I need any of doucments from this employer. If my employer is not ready to give , what is other alternative. Plesae advice.





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  • logiclife
    12-13 03:23 PM
    Hi,
    I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.

    I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.

    I want to know :

    1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.

    2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?

    3. Is it possible for this employer to directly file my I-140 against this approved labor...?

    4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)

    5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?

    Please let me know as much as info/ guidance you can provide to me.

    Great thanks in advance for all of your help.

    -------------------------------------------


    Hi, you need lawyer for your first 3 questions. For question 4, you need to ask for copies of 140 petition and 485 petition and labor substitution. If you cannot be strong and ask for it, and take their word, then you will constantly live in doubt and it will be really really bad. Negotiate with them that you will need copies of everything that goes into USCIS and comes out of USCIS and you want your own attorney to handle all that. Otherwise its not worth it. You will put yourself in vulnerable situation without your own attorney doing all the work. If you choose to trust them now, and go along with it(their lawyer, their control), 6 months from now you will be in a worse situation than most of the other guys here who are stuck in 3-4 years of retrogression. Dont ask me how, trust me on this one. I know the tactics and methods of such employers very very very well.

    For questions 5, I think its legal for employers to ask employees to pay for USCIS fees and lawyers fee if the employee quits before GC is approved.

    Other than that, you will find a lot of hatred from this forum as what you are doing is very much inflaming since you are cutting in line -- legally so -- but still, its cutting in line. So dont be surprised by that.

    Good luck and make sure you get your own lawyer(that your are paying to) to do everything about your H1, Labor substituion, GC etc.



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  • GCSeekerCT
    08-16 10:31 AM
    I have nothing against lawyers, most are hard-working and smart. But that smartness also makes them confuse others and ultimately its the clients who have to pay for the smartness of the lawyers.

    I am totally against that.

    making a living is one thing, but talk about confusing people and milking them for the money !!!





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  • Macaca
    09-01 10:02 PM
    Are you sure about this? That sucks! I always thought you were eligible for SS after you accrue 40 points....basically you get 4 points for every year of work. If you look at your SS report that's sent out before your b'day you will see the points you have accrued.

    I thought 40 points was the only requisite; wasn't aware that you had to be a US citizen. Can you please verify this information?

    This is my understanding. I started following it in past 2 months. It requires more research. There are articles in News Article Thread.

    This remark was made to a person at SJ rally by a bystanding Amercan. (mentioned in SJ Rally thread)

    Sessions has also proposed that H1B/GC should not get Earned Income Credit. I dont know all details.





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  • bskrishna
    05-15 09:40 AM
    Always check with your state chapters.
    State chapter leaders are more aware of our work than what we post on the forum for public.
    There is lot of activity going on at this time. Everyone must join their state chapters to actively participate in IV effort.

    There maybe some more news today. Hopefully... Stay tuned.

    Will do so...





    mihird
    05-27 01:31 AM
    Mihird:

    Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.

    Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)

    Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!

    I think, your best bet would be Canada....I don't know your nationality, but Indian immigration laws are tough...work visas are not easy to get...

    Montreal is a great city! Very European and multi cultural...you can't avoid French influence, but you don't have to know French to survive...there are some great companies in Montreal...

    If you need help identifying good employers in Montreal, send me a private email and I will be more than glad to help you!





    gc4arun
    08-19 10:57 AM
    pending NC, that's what I hear everyime I am lucky to be connected to second level CSR /IO


    NC is cleared( source: Recent Infopass appt )