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  • gautamagg
    04-23 01:41 PM
    Thanks for your very kind feedback everyone. Let me address a few things all of you raised:

    1. Not once did I mention I represent Immigration Voice - in fact the man in the white shirt assumed I did and I categorically along with my 4 friends said I was not.
    2. Talking about being elitist:
    a). I am not sure what makes you believe that - if its the words like prestigious etc. Keep in mind my friends, these are politicians you are talking to. You got to use a language that resonates the flaws in their laws. And when a powerful statement like mentioning a school can be made, I would make it. In addition, its about telling a story with passion, they all know about the EB2/ EB3 issues, retrogression, inability to apply 485, spouses inability work. Our telling them those same issues again wont help especially to the one who wrote the new proposal. You have to tell him a story that shows that the US will be hurt as we have other options - if we show them an attitude that this is country is our only option, they will not do much but abuse our rights further. He should be told they would loose us. In fact the passive Indian attitude has to be killed. We need to have the "WTF" attitude and not believe the GC being the end of our lives.Let them know we carry the skilled edge and if you don't fix our situation then its only your loss. This is what the foundation was of our country's independence - don't forget that.

    b). Don't tell me people did not have personal agendas to fight for. We legals are crying about illegals coming ahead of us. People in EB2 don't read about EB3. IV focuses on employment based issues - what about people on family based issues? What about people who have green cards but can't marry because of waiting periods. These are all issues and equally important from the eyes of the person suffering them. We all have our agendas.

    i). The dude in the white shirt did not want IV guys to read what the Latinos had to say on their flyer. Was he not trying to promote IV's agenda at a predominantly illegal and Latinos focused gathering?
    Some of us wanted English in a crowd that was primarily Hispanic. Was that not an agenda?

    ii). How many of you would have been part of IV if you already had a green card - even though you faced so many hurdles. I bet none of you. You all care about your GCs - lets be honest. At least in my case I know nothing can happen for me to go to school this year and I am taking a chance in India. I know I wont get the benefit of it - but I am raising a concern for future people who could benefit.

    iii). Talking about agendas - think with a cool mind - My story and that of the other 15 people's is actually a pretty powerful story to discuss in media - to go to newspapers to go to lawmakers - we are backed by the Stanfords and the Harvards. Our story is a perfect platform one could use to affect Immigration Reform. And I did reach out to IV about this a month ago - but since we were only 14 it is not on your agenda. Its all about numbers - and the rally proved it. The Senator talked only about illegals since that was his audience. IV folks were on the podium - what happened? Did one statement come about legals? No. Because we are not in the millions. Because we are chicken about loosing our jobs if we go on a country wide 1 day strike to prove how we can damage the economy if we don't work. We can't even get our employers to rally up for us where as the illegals have got their employers talk about them.

    iv). How many of us realize that we are better off with an IT job that pays well when one compares to the 20K odd cash jobs the illegals support families of 4+ with? We all knew spouses cant work on H4 but we still got married - we all want to make more money with a better control on life and therefore we talk about reforms - trust me we all are better off than those illegals. But yet we have our own agenda and we are complaining.

    3. Anyone who thinks I should get out of the portal - trust me you are not promoting free speech - the very essence of this country - I'll do what is right for me as long as I don't hurt anyone else...But don't get stressed if you did not get your chance...Its about survival of the fittest and when IV decided not to bring my case up, it was for me to bring it up. I believe in leading in the absence of a leader. I do not doubt IV's efforts but that rally was not your effective place. It was clearly addressed to the illegals and therefore I rose. I am in the same boat as all of you cant apply for stage 3, but then I took a stand, F*** the GC, I want to create my own destiny and not let a moron decide that I will stay a software engineer for the rest of my life...may of you want to go to school to get educated but are waiting for GC to happen - I was in that boat for ever too but enough is enough, I wont let my identity and my self respect be treated by the "Hijda visa" we all have to live off. I mean it DO NOT show a begging attitude for change in laws - be aggressive like the Latinas - you saw what happened at the rally. These lawmakers are looking for numbers to get votes - they don't care about you and me....they really don't....

    4. Lastly, anyone who thinks I wanted free legal advice feel free to drop a note to me to see my lawyers fees in the last 3 weeks - also feel free to call Rajiv Khanna to see how many times I have spoken to him - the uniqueness of my situation caused him enough pain that he did a free conf-call 3 weeks ago and someone from IV was there too. Instead of being focused on the agenda of the call - he was trying to change focus to the agenda of getting his wife to work on H2 by moving to J1 and doing to school - these are all agendas my friends...





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  • spicy_guy
    07-27 05:45 PM
    Everest Consulting Group Inc is really good. I know them personally for more than 10 years now & they do what they say and do NOT torture their employees like many other consulting firms. I just got my GC thru them :)

    I hope this helps somebody & please let me know if I can be any further help!

    Thanks.
    Ramesh.

    I just remember. It sounds like an radio ad by a talk radio host, Sean Hennity, Rush limbaugh, etc :D

    "Axis Bank is great. They are the bay are experts. I know them personally. I worked with them for years, etc. etc..." :D :D

    Just kidding...





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  • file485
    12-22 07:34 PM
    thanks UN for the reply..

    what can I say..!! lost sleep for many days,but now there is nothing I can do and just hoping all will be positive...

    now with a labor filed in 2003,485 in 2007 and the PDs rolled back to 2000 god knows when our GC misery ends..The GC sponsoring employer will help with all the letters we need...if our dates become current in another 2 yrs..so 2009 - 2003 i.e 6yrs gap between the labor and GC adjuctication, will this raise an eyebrow of the IO officer...? the GC sponsoring employer is a 80 million $ construction company..

    also another question..I see conflicting opinions about letting USCIS know bout the change in job and using AC21...some say wait till RFE and some say send a letter upfront..what is the best option..? also if we use AC21 do we still need to show that we have intentions to join the original GC sponsored employer A or the latest GC sponsor becomes the AC21-ed company..


    jeez ..so stressed out of this GC mess..
    pls let us know..





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  • pitha
    01-28 09:39 AM
    The original intent of country caps was to prevent one single country from monopolizing the immigration (but this was regular unskilled immigration like family based immigration etc). But when it comes to skill based immigration it is ridiculous to maintain country caps. Everybody including the US government, USCIS and industry know that country caps in skilled category are ridiculous. That is why in H1B they don�t enforce the country caps. Because if they enforce the country caps in H1b the whole H1 program will collapse. I know the difference between h1 and green cards but when you bring people into US on H1 without country caps they should not enforce country caps on H1 to green cards skilled category. The people who are oppose immigration are using this(the country cap or rather quota) as an excuse to make things worse for immigrantion.



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  • eb3_nepa
    07-05 01:46 PM
    OK, you two, I see what you're saying. So one has to pay for the right to start a new thread. In that case those who have questions will start PMing those who seem to know stuff or going offtopic in random threads.

    1) Moderators have the ability to delete stuff and the rest of the IV members need to smart up and not answer off-topic questions
    2) About PMs. It is up to the receiver of the PM whether to answer it or not. EVEN better NO PM for non paid members :)





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  • prioritydate
    12-20 08:42 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.

    Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.



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  • WAIT_FOR_EVER_GC
    07-13 12:05 PM
    Read this thread and understand what Q, GC Perm and Teddy are saying.
    We still have 10K FU/FD visas to go. So in sep the dates should move to June - July 2006.
    The can even extend to sep 2006 to capture all visas and move it back to June 2006.

    Go and read that rather then guessing



    Buddy...what do you mean source please...scroll up and look for an attachment. Use it.





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  • speddi
    07-13 09:25 AM
    I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.

    During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.

    I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.

    I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?

    Thank you



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  • go_gc_way
    12-30 04:52 PM
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  • waitin_toolong
    10-03 01:52 PM
    that is the only ption to continue L status..but remember u can not use h1b ..and u have to apply again for h1b in next year quota....

    wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.

    To answer the original questions only two options.

    1) depart and reeneter using L1
    2) apply for COS (but a long process)



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  • Aah_GC
    12-12 03:01 PM
    Great point -- never thought of it this way before.

    addsf345, you are attacking people. Grow up and quit doing that. Attack my views if you want to attack. No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country. Kavita, I do not know about your field but in my field, IT, I see so many people, wanting to live in this country at any cost. They would work for any salary, they are OK to get relocated 6 times in a year, they would put up with any BS imposed by desi employers, but they would never go back. Now, I do not think they are "required" here. They are fighting to survive here. Again, nothing wrong in fighting to survive but to say that I am "required" here is a bit far from reality. If they (so called required population fighting for green card) leave tomorrow, nothing will change.

    America wants us as a temporary worker, with emphasis on the word temporary. America has no incentive to give us Green Cards. You work for 6 years, pay social security and Medicare and then pack up your bag and go back. Thank you very much, we appreciate your business. Don't you see it written on the wall? Especially those who are in EB3-I category? I can see it!

    Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category. So much so that IMHO H1-B visa has lost its sole purpose. It was designed to give American companies the ability to hire talented people from other countries. It wasn't designed for Desi employers to hire desi consultants and then make those desi consultants run coast to coast looking for projects. Infosys and Satyam can open up shops on US soil and can call themselves American companies but you and I both know the fact, how American those companies are! So, being in EB3-I category, and after living here for almost 8 years on temporary visa, I can feel the pain, but in some part we are also responsible for this mess.

    Once again, only grown ups are requested to reply. Thank you.





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  • acecupid
    07-03 11:47 AM
    Taking a benefit of one group, then distribute the pain across the board is not fair to ROW applicants. This is not the solution. You cannot say to us ROW people that we don't understand the fustration of waiting for our GC as well.
    I think its ridiculous that some family takes up to 4 GC from the EB GC pool, why don't you make a petition to state that only EB GC goes to EB primary applicant while your family takes up family based GC. Unless your wife and kids are hired to work as the rest of us, them taking EB based GC is unfair to the rest of us who don't have a family.If you petition to eliminate country EB GC only to the primary applicant, then fine....i am all for it, but if you add your wife and kids to it, i say no.

    If you call it re-distribution of pain, I would call it sharing the pain. I think its high time ROW candidates felt the pain which we non-ROW have suffered for a long time. You are objecting just because you are on the better side and wish to continue with the better bargain. If you think about it as a EB group in general, then its absolutely ridiculous that there should be country limits for EB category GC when there is no limits on H1B which is the primary route for most EB category GC applications. I completely agree with you on the family quotient of your arguement, they should not get the GC numbers which is meant only for primary EB applicant. Not that I want families to suffer, but the family GC numbers for EB applicants should not count towards GC number cap.



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  • msgrewal81
    02-19 02:44 PM
    Looks like lots of >5 years people here. :D

    It is my feeling that "Illegals>5 years" should not be preferred over "legals<5 years". I also think that this bill makes things tough for<5 years except temporarily reducing backlog(that too is a big 'maybe') . I am not arguing. You do what you do and I do what I do. I dont know what IV will do.

    Thanks and good luck.





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  • abhijitp
    07-25 09:37 AM
    Yes, I have this feeling already. Now, what happens if someone switches jobs using AC-21 and then this RFE is received? You have to submit the NEW employment / offer letter right? So how does this help the current employer to stop you from switching jobs?
    Bump... experts, please opine.



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  • 485Mbe4001
    07-11 02:49 PM
    Why didnt the EB2 ROW number trickle to ROW EB3 first?

    I think all the unused EB1 and EB2-ROW visa number trickles down to EB2 - India/China and thats the main reason for a big jump in EB2-India cut off dates.





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  • apt29
    11-11 03:43 PM
    Before suing the USCIS, we should inform USCIS of our intentions. My idea is like this -

    - Draft a letter highlighting the Statues and Rules (we can seek Attorneys help) regarding the Quarterly spill-over
    - IV members/non-members would send their electronic signatures
    - We would stick signatures in the electronic document
    - Print this huge(hope it will be) document and deliver personally to DHS/USCIS executive officers

    Any suggestions or changes are welcome.



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  • GCAmigo
    12-27 10:42 AM
    was visiting India after 5 years..the visa on my passport expired in 2003.. no transit visa.. had the new Visa document with me though.. missed the connecting KLM flight in Amsterdam & the next available flight was the following day.. the Airline staff went through my Visa document & gave me a 24-hr transit Visa & did put me up @ a hotel outside the Airport.. 'twas a blessing in disguise as I could tick AMS off my 'to visit' list..





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  • 3d Nirvana
    03-13 11:04 PM
    woa.... didn't some votes disapear?! I could have sworn grinch had 6 votes..





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  • vkraman7
    03-17 11:07 AM
    Category: EB3 India
    PD: Sep 2002
    Filed 485 on 07/27/2007





    mugwump
    09-26 05:00 PM
    I understand your point, doesn't make sense to burn bridges. we might need her in the future





    kaisersose
    07-24 02:05 PM
    If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.

    If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.

    My thoughts.

    You are right on both accounts.

    1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.

    2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.



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