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  • gc_check
    07-11 02:20 PM
    Would have been better to have option like below, Would have given more precise statistics than with the current option.

    I-485 Applied prior to July and Pending
    I-485 Applied after July or not yet applied.





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  • bskrishna
    07-03 01:32 PM
    AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.

    Agree that there are not many. The companies that do them, typically do not sponsor for GC that often (comparing the H,L nos to their GC nos).





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  • coopheal
    03-20 11:31 AM
    I work for a very reputed company. Lawyers filed EB3 because it was easy for them. At that time everything was current and nobody really cared about EB2/EB3.
    Don�t give me moral argument about cutting lines. If someone is qualified for EB2 and position needs EB2 qualified and person is already in process of GC with EB3, he/she has every right to move over to EB2. Don�t even try to equate this with lab subs.
    If desi company�s are misusing it then put proper review/audit for it. That doesn�t mean I cannot join an EB2 job and not switch over. You can say however loud you want � no one would listen and no one should listen to you.
    Hi Coopheal:
    With Due respects to your Seniority and Agony/ Frustration being retrogessed.

    Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..

    If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).

    So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).

    Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.

    This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.

    Thanks,





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  • komaragiri
    08-09 12:25 AM
    I am spending sleepless nights worrying...and regarding resubmitting, is it not a waste submitting it twice - will they encash the checks twice?

    OR

    it seems to be a better idea to just enclose the RN # and submit the EVL separately...
    When did you submitted your applications?



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  • komaragiri
    08-29 05:52 PM
    This is totally wate of time. Please delete this thread.


    Let's not discuss on who is best and who is worst. Focus on the future action items for IV. Discuss more about those items, so that we all can get out of this mess and live happily.





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  • Tarang
    08-29 06:55 PM
    I agree with this. This is not limited to freshers only. I have 10 yrs of IT exp; Masters in Information Systems from top school; last 1.5 yrs with Big 4 in an Advisory role. When I got a lay off; I had to join a desi firm as I did not have time to search and transfer H1B. Now, I am compelled to change my genuine experience (working with fortune 100 clients) with fake projects just to get calls. Seems every desi recruiter wants last 5 years of US experience relevant to the position which is ludicrous; but anyway, that's part of life.



    [QUOTE=sweet_jungle]How come these people do not get caught during H-1 approval process or during visa stamping at consulate or maybe later during GC process?



    As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.

    When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.

    With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.

    It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.

    There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.

    So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend



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  • delhiguy
    07-09 02:22 PM
    http://www.ahslaw.com/documents/AHSLawsuit.pdf


    This document gives lot of legal details, states what the lawsuits exactly is..


    P.S : I Think its just filed, not accepted by the court as of now





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  • coolgc
    07-12 04:22 PM
    Hope, they move further in next month's bulletin.



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  • WAIT_FOR_EVER_GC
    06-10 12:50 PM
    WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES

    On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.

    We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.

    We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.

    IV is working on defeating this amendment. Please stay tuned for further updates.

    On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213

    AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
    TEXT OF AMENDMENT AS SUBMITTED: CR S4754
    COSPONSORS(2):
    Sen Grassley, Chuck [IA] - 6/9/2010
    Sen Harkin, Tom [IA] - 6/9/2010

    Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)

    SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:

    At the appropriate place, insert the following:

    SEC. __. CERTIFICATION REQUIREMENT.

    (a) Short Title.--This section may be cited as the ``Employ America Act''.

    (b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--

    (1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and

    (2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.

    (c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.

    (d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--

    (1) the date on which such individual will no longer be authorized to work in the United States; and

    (2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.

    (e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).

    (f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).

    What should we do. I am in tell me what I need to do?





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  • chintu25
    07-09 03:11 PM
    Way to Go Azulay Horn & Seiden, LLC


    Rock On We are with u :) :cool:



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  • senthil1
    04-04 11:43 AM
    It is true. But either Corporate America or Lawyers does not want to address the issues raised by Unions or anti immigrants. They want free ride and does not care about working class. No bold leadership in congress to address both sides issues. Congress members are siding with any one of two groups. Everyone knows that compromise will easily pass. But compromise will not give free ride to any group. Basically moderate H1b and GC increase with protection to US workers without wage pressurw will get most of the congress support. Even with illegal immigration also it is easy to pass if they give citizenship to existing people and allow more workers with complete protection to US workers without wage pressure will get most of congress support.

    I think it is true coporate america will not allow it to go through, but it is also true that any bill faverable to the H1B and or GC will also have the same death
    as this one , do not underestimate the anti - immigration and unions clout
    on democrats, if corporate america wants H1B increase it will come at a price,
    more no free rides for corporate america as well.

    that is the reason why we see stalemate for any kind of immigration bill, neither side is able to push anything.

    thanks





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  • alterego
    06-08 07:09 PM
    Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!

    coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
    Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.


    Agree with your logic. However, if there is anything about the USCIS/State Dep't we have learnt over the last 2 yrs, they and their rules/logic is inconsistent at best and idiotic at worst. When someone picks and chooses which guidelines they follow at different times, and interpret the rules in such a haphazard manner, predicting anything in this regard is about as accurate as predicting the weather on the day I get my green card.



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  • BECsufferer
    02-27 08:10 PM
    Noway it is normal..
    When was the last "normal" economic cycle when so many big banks failed...

    Lehman Brothers were 150 years old bank meaning they say great depression and the world wars and survived all of that.. This time it disappeared one morning.

    Citi, BofA,Wells etc are all in trouble..
    Would you believe Citi stock at 3 Bucks?

    And it all started with Housing.

    House prices never go down! Oh yeah.

    I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.

    Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!





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  • coolmanasip
    03-07 08:45 AM
    Guys....like everyone else I have been doing exhaustive research on this subject for last month or so.....I have resigned this week from my job and have decided to use AC21...... following are answers to some of your questions...

    New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....

    Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....

    As per charges from RK and Murthy...

    Rajiv Khanna - $3000 for primary +$1000 per dependent

    Murthy - $2000....

    I have done some exhaustive research on this AC21 crap and have decided to change the employment......



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  • himu73
    03-29 10:46 AM
    there a plan to meet/call NJ senators





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  • Jaime
    09-12 11:08 AM
    Who's still thinking about going or not? Email us! We'll help you in any way possible! Let's all go together!



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  • webm
    05-08 10:00 PM
    I had checked the status earlier this morning (as every other day) and as every other day there was no LUD. When I got home this evening saw the following email (got one for my wife's application too)

    I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)

    Receipt Number: SRC07192xxxxx

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.


    Congrats!! pal..





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  • belmontboy
    02-19 04:11 AM
    1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.


    How exactly are illegals going to prove that they have been here for more than 5 years?





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  • gckabayega
    03-17 12:52 PM
    Does anyone know how many applicants convereted from EB3 to EB2 ?
    I wish a lot convereted, that is the only releief for us. I filed my I-485 in July 2007....it is pathetic to wait so long.





    DDD
    03-11 12:04 AM
    pretty cool grinch....gotta work on your lighting a bit...:beam:.





    nb_des
    03-17 01:20 PM
    As i said, eb3 to eb2 porting is not easy....Unless, there is very strong case, like applicant having US Masters degree but employer filed in EB3 for reasons they only know....

    Read this story...

    http://immigrationvoice.org/forum/showthread.php?t=13810
    My PD is Dec 2004 EB2, and personally I was also under the impression that EB2 would move fast but based on data in and some of the polls in IV I believe there are still large number of EB2 pending approval.



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