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  • Sheetal_MA
    03-10 09:55 AM
    Both 1A and 2A category for Family Based (sons, daughters, spouse - of citizens and green card holders) has better dates (15th Aug 02, 15th Aug 2004) than EB-2 India, and EB-3 India.

    This is so preposterous, words cannot even begin to describe this absurdity.

    So those of us who have been in U.S. for almost a decade, have been contributing to this society, and have held our life in constant limbo, are being given a lower priority than those who are still back in their own country and living a happy life and who can now immigrate to U.S. based on family immigration.

    Do the lawmakers have no common sense left atall??

    Do you fully realize your statement about the 2A category which is for spouses and children of green card holders? That means that if someone got a green card (whether through the family or EB category), they have to wait 5+ years to reunite with their spouse and children. At least those with H1B can bring their spouse into the country right away.

    I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.





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  • Dhundhun
    07-11 01:29 PM
    issue one year EAD and milk more money

    First thing came to mind, almost everyone gets 1 year EAD. Perhaps it is not easy to decide who gets 2 years EAD. This movement of dates solves the problem.
    .. Most of EB2 gets 1 yr. EAD
    .. Most of EB3 gets 2 yr. EAD





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  • logiclife
    01-30 01:07 PM
    Unpaid bench means you are "Out of Status". Not illegal.

    When you are present in the country after your I-94 has expired, then you are illegal.

    There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.

    Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.

    If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)

    About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.





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  • PresidentO
    02-11 09:49 PM
    Dude,

    Calm down, PresidenO gave you good comment and you got carried away thinking that President Obama praise you. Just vent your frustration somewhere else.

    PresidentO,

    I saw your past comment and it seems like you have an Attitude problem.

    If something your are not agree or disagree that's fine but there is now way to go this far.

    Its you who might have an attitude problem. You cannot take constructive criticism that was directed at our behavior in general. I was just pointing out how members in general fall prey to sensationalism and expect IV to answer that sensationalism. Get real dude! There was no personal attack intended or explicit towards any one in my post. I added facts and answered why there was NO spill over as the attorney is telling. You go back to your posts and check what you said. Do a bit of introspection before you resort to mudslinging. Adding facts helps members. Resorting to personal attacks on members such as desi3933 who has been extremely logical and rational in response with real data hurts the whole discussion. we need folks such as desi3933 here. No where he vented any frustration. Take your garbage and frustration some where else.



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  • bigboy007
    06-11 10:24 AM
    I humbly disagree with you on TARP analogy. TARP was due to direct funding by Government to save "Too Big to Fail" companies and obviously they had a say in that case since it was tax payers money. The focus was only on those limited companies. Having said that this text has a wider repercussions and doesn't spare anyone, whether they are financially sound or goverment funded.
    I completely agree with you that US offers better job prospects and earning potential. However, when the noose around the neck turns tighter with such "headless" bills, people will sooner or later, start looking at options.
    Trust me companies don't hesitate to move on if the environment isn't business friendly(reasons are higher tax, difficulty hiring immigrants, finding people with right skillsets, and so on) as they are more accountable to shareholders and they would care less if it is US today or Brazil tomorrow, the show must go on.
    You have heard of horrific stories of people getting CDN PR and hard to find jobs. Failure stories show up lot quicker than the success stories. I have known three close ones who are well placed in Canada.

    There are always two sides of coin and so is the half glass full, a half glass empty.
    Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.

    Bhattji
    Well I leave that anology up for discussion. But for sure I see lawmakers in the current election year wouldnt be thinking all those as they were years earlier. if this amendment was tied to any jobs bill or BP oil spill bill etc... then for sure many lawmakers wont be reading through as we are doing here.

    For canadian immigration stuff I lived there for a while and I know how that economy operates. its certainly low market than that of US many jobs (IT) etc are very low paying and jobs are scarce for experienced but if one has one they are good. That statement is made in context of "Moving" to immigration friendly countries and start living there.





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  • ca_immigrant
    07-13 11:18 AM
    This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).

    Indication that EB2 India will get huge numbers...this is just explanation as to why:)



    be ready next month my friend.


    -:)



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  • paskal
    07-09 06:40 PM
    there is still the last quarter's quota
    which is 100 - (27% X 3) = 19%

    this 19% cannot be issued in July either- not more than 10% a mnth

    there is no question they ignored this
    i'm curious to know what reason they will use to justify it.
    especially if it's a deposition under oath.





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  • indianindian2006
    07-14 06:09 PM
    This is aboslutly incorrect. Dont spread false information.

    Here is the Q&A in USCIS memo abot changing employer before 180 days

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate

    You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.



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  • god_bless_you
    12-13 07:40 AM
    Whats the advice on this from core group?
    can we start mass web faxing USCIS for rule change?





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  • ursosweet
    07-16 10:24 PM
    i suggest rather than talking big words, lets do something.
    like someone on immigrationportal has drafted a letter to time warner stating the misrepresentation of facts by that rascal lou dobbs about h1b visa holders.
    IV core team, once this july fiasco is dealt with, lets draft a long letter and send it to these senators with a copy of our pay stubs showing them that we pay what americans pay.

    i had written letters to my senators and congressman and to NPR abt. the July 2007 fiasco. The more we stand by each other, the more difficult for anti-immigrants and racists to penetrate.

    PK



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  • piyu7444
    02-02 02:21 PM
    I am glad to be of help. If my post was helpful, I urge you to consider making a donation to IV.

    Thanks.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    Donation should be on the way today.





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  • starscream
    06-13 03:48 PM
    MSNBC has opned up a message board for Employment Based (EB) Skilled Immigration Applicants
    http://boards.msn.com/MSNBCboards/board.aspx?BoardID=1042
    Go to the topic Employment Based (EB) Skilled Immigration Applicants

    PLease post your messages on the board about EB backlog, H1B and CIR issues. Only 5 messages have been posted



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  • arnab221
    09-10 12:26 PM
    ouch that is so ironic.... 'Equine Cruelty'?? What about 'immigrant cruelty'?
    some of the priorities in this country are all screwed up...

    That shows the on what priority we are on their list . We are below horse also :D

    remember a Horse a US Citizen horse while you are not , so cruelty to a US citizen is always before cruelty to aliens .

    Man sees a woman getting chased by a dog.When the dog is about to bite the woman,
    the man intervenes and kicks the dog.
    A reporter was seeing all this.He said "That was great.
    I'll definitely publish this in newspaper.Tomorrow the headline will be
    'LOCAL HERO SAVES LADY FROM A DOG'."

    The man replied "Thank you, but I'm not from here.I am from US". Reporter " OK.
    Then the headline will be
    US CITIZEN SAVES WOMAN FROM A DOG".

    Man: Actually, I live in US but I'm not a US citizen.

    I'm a Pa****i national".
    Next day, the headline in the paper read .... .... .... .... .... .... ........ .... .... .... .... .... .... .... ....

    TERRORIST ATTACKS A LOCAL DOG



    * This Joke is copied from the internet and in no way reflects my personal feelings . This is just for having some fun and cheering us up .





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  • pappu
    07-23 09:08 PM
    Employment Letter is Required. I would even go to the extent of emphasising to put original letter instead of a photocopy. Do not take chances. The application can be rejected/RFE can be issued in the absece of initial evidence. Read the new memo and educate yourself rather then blindly believing members or lawyers. Ignorance of law is not an excuse if you were to challenge a denial notice. When all information is available, make yourself educated. and BTW get a good lawyer to file your application so that each and every small detail can be taken care of.



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  • unitednations
    12-21 10:52 PM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.

    I don't agree that a person hasn't violated status unless uscis io informs the person.

    If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.





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  • ramus
    07-02 06:50 AM
    It is just 7 a.m. too early to say anything..

    So far so good, hope we are on the same note rest of the week.



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  • Zil
    09-28 04:21 AM
    Come on guys, stop comparing the US with the EU. Even though the $ is down a little bit due to the Subprime mess, it's only a temporary phenomenon and investors will be soon rushing into the US once confidence improves and $ will regain.

    Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??

    Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!


    You pretty much talk and think like an American. :)





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  • msyedy
    06-13 01:23 PM
    Senthil1, Pineapple

    Please let us not sound harsh and have a bipartisan :D discussion. It is just my statement I do not disagree with neither of you.

    Rule 2
    You mean Microsoft and Google and other companies want to stop outsourcing. They would not have build a huge team in india if they wanted to do this. The point that you are missing is that they need H1-Bs here because no american born is availabe here to fill those positions.

    Read my statement thoroughly.
    Big consulting companies(Bearing point....my list will go on) that are plenty in the US who hire and fire H1-B and american born if they cannot find another client for them after few days.

    What will happen to these companies .. they have to shut down

    Rule 2 will be a disaster for all these companies.
    These companies do not go to india to get H1-B's they get them when they come here brought by india Desi companies.

    It will be a mess. You might be talking about one company that will never displace and american and will garauntee an employee that he will never be fired once hired : Give me a break.

    What exactly is your point Senthil?
    If by reiterating (over and over) the "evilness" of "desi" companies insofar as impacting American workers is concerned and justifying absurdly and obviously restrictionist bills on the fond hope that it would have minimal impact on the "good" American companies who hire H1s in the exception, you wish to make it clear that you are an employee of the latter set of companies, you have certainly made your point, and do not need 364 posts to hammer it it.
    Ladies and gentlemen, Senthil is a genuine, bona fide high skilled person working for an honest American company which has high ethical standards, and is not, repeat, NOT displacing any son of the soil American.
    There - you can relax now.





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  • StuckInTheMuck
    07-28 11:46 AM
    Is this thread going anywhere in particular (that is relevant to IV)?





    chetanjumani
    03-13 12:10 PM
    Thank You Googler, EB2 India in April is Dec 2003. Hopefully the logic to arrive at this is what you got to know from your Call with DHS employee.

    Hopefully all EB immigrants would be treated equally irrespective of their place of birth.





    ImmiLosers
    11-22 07:41 PM
    Document URL
    http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf

    PAGE 27
    (1) Determining the Priority Date.
    In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

    PAGE 28
    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)

    It looks like law is not clear about revocation of I-140 or am I missing something



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