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  • chanduv23
    05-13 02:02 PM
    chandu, would u mind sharing what the company u are working or worked for? so that we wont be facing hte same in the future

    It was SPL Worldgroup (www.splwg.com) (now merged into Oracle Corp) . I guess Oracle may have better HR practices so u don't have to worry.





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  • bluekayal
    10-11 11:34 AM
    According to BCIS (spoke to them yesterday), the Schedule A apps filed before retrogression will keep getting processed, because they were filed when Schedule A was current.

    I take this with a pinch of salt. Can anyone who filed 140/485 last year before retrogression hit EB 2, please post your experience? Have 485s after 2003 been approved?
    thanks

    Bluekayal


    Friends

    I filed My concurrent I-140 and I-485 in Schedule A Group-II , EB-2, Exceptional Ability in Arts and Sciences Application with USCIS recipt date of AUGUST 24, 2006 for both I-140 and I-485?

    (1) My I-140 is yet not approved I had asked my attorney to do premium processing. In this new situation should I go for premium processing or hold it back as they will not process my I-485 due to un availability of numbers in Schedule A.


    (2)With current retrogession in Schedule A in November visa bulletin What will happen to my I-140 and I-485 processing.


    (3)If Schedule A categorey ends after 10/5/2005 as indicated in November visa bulletin what will happen to CASES like mine which were filed after that? does they get transfered to EB-2 ( or EB-3) with their filing dates, set as priority date?

    (4) Does establishment of date of 10/5/2005 in NOVEMBER visa bulletin means that they will still process application that they accepted till this NOVEMBER-2006 .

    Your experienced help is Gretaly appreciated in this developing situation.





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  • rsharma
    10-11 12:53 PM
    Who the hell r U kidding? By calling urself "BharatPremi" u r making a BIG fool of urself. If u r really a patriotic Indian why the hell did u apply for ur GC? Just work for those 6 H1B yrs and get the hell out of this country. Dont make a fool of urself and others by saying things like "at this moment" hez a citizen of another country blah blah blah...I know a few friends who just love India and would wanna go back after earning dollars for those 6 yrs H1B lets u work for. I appreciate such ppl...not ppl like u who try to "show off" that they r citizens of another country by shouting slogans and at the same time apply for permanent residencies with other countries...SHAME ON U PPL! U r a disgrace not only to US but to India and to the whole world as well.

    Dear Friend, I respect your thought process of trying to stay in US but do Prem ( Love in Hindi) to another country. But forgive me friend, I cannot do so. I speak what I do. The day I filed my application for permanent residenship in US (which is a way to become US citizen), I gave my heart to US. I believe that if tomorrow we are given a chance to become US citizen, many of us ( maybe not 100%) will grab the opportunity and take oath for aligience to US. Immidiately all the so called love they are showing now for their own country will vaporate in a day or in a second.

    Friend, you have sited leagal reasons and directed me to the US Supreme court. I am not sure if you had already asked US Spereme court or whther you are a learned lawyer of US legal system. If not I would suggest instead of directing me to ask the Supreme count you can do this favor of asking and verifing this matter.

    Also my friend you took the liberty to comment about my ethics and had commented that I have sold my soul. I guess you did not read my comment clearly. I had only congratulated Our President on winning the graet Nobel Peace prize and had written that me and my family is greatly pleased at his winning the prize. Dear friend do you know how many members of my family are US citizen. So if I say our President it includes me , my wife and my whole family (including my in laws and my siblings).

    From your posts it appears that you think of yourself as highly educated, I belive you are :D. I ihink as highly educated we should read clearfully before calling names to others.

    My apologies to the starter of this thead that this thread has been hijacked for mud slugling and calling names. Athough I belive I have not written anything bad about anyone, but this people hijacked this thread after my congratulatory comments to our President. I share the blame for this thread being hijacked. So this will be my last post on this thread.

    Before I end, I am very pleaseed to see that there are still many of us who has the courage to call a spade a spade and point out the hypocrats. Hats off to them.

    Going by a idom I had heard when I was young - When an elephant goes lots of dogs bark, but the elephant still goes on. Abiding this idiom I shall continue to sing praise of USA and respect our presiden Mr Obama.

    May God bless all of us.
    May God bless USA.





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  • h1techSlave
    05-28 06:08 PM
    It is time to build some momentum.

    IV core needs to follow this and raise funds for this cause if necessary.... peace meal strategy is the only strategy that we can do in this economic conditions... do not go for CIR



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  • chanduv23
    04-23 05:27 PM
    I completely agree with you. However our problem is 'how do we organize a massive protest". IV is a loose affiliation of people affected by the immigration problems. They all realize the importance of fighting, however majority of them are unwilling to contribute personal time/money/energy for this cause. Flower campaign was first time in recent history, when legal immigrants showed some unity to express their anger and frustation.

    It was predicted that once 485 is filed, people have EAD, and spouse working ... affected people will loose the apetite to carry on the fight. And that's what precisely took place. The biggest chellange is to let the affected people realize that if they do not come out and fight, no one will take care of their interest. It seems everyone is waiting for others to go out and fight, so that they can reap the benefits without any struggle. Now tell me my friend "how do we organize a massive protest??"

    excellent analysis. After the flower campaign, and during the rally, IV formed state chapters and state chapters have been designed in such a way that efforts can be organized in an effective manner.
    There is always some activity or the other going on in the state chapters, in fact in our chapter we organized some law maker meetings in DC this week and some members attended the meetings.
    Lobbying is a very effective tool and the more the numbers and support, the more effective lobbying works out.

    I would strongly recommend that the members join their respective state chapters and organize grassroots efforts.

    Unless we help ourselves, no one is going to help us.





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  • sands_14
    07-17 09:32 AM
    Can somebody clarify?
    To lead India to a good present & future,why do we send these faxes?
    GC or no GC, I feel the video tells me to do the best for my nation India.
    To do that,do I need immigration to US????

    I am not against any camapaigns,but using the videos for this campaign doesnt look like a good idea.May I know whats the point of "Lead India " videos here :-)

    This should actually make me feel "No,I dont want to apply for immigration to another country anymore".

    No offence, please clarify if the intentions of putting the videos here are different???



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  • dixie
    07-22 10:41 AM
    I am from India and I have worked in the USA for the last 6 years. I have immigrated to Canada with a Job 6 months back to avoid overystaying. My experience in Canada is very bad. I am a MCAD and Sun Certifitied Developer having more than 8 years experience. I am looking for a job for more than 3 months in Canada and still not able to get a job. There is lots of racism here and people are not polite. I have been regularly applying for .NET jobs and the response is very bad. Maybe because I am from India. Try avoiding Canada as much as you can.

    Which part of Canada are you talking about ? you may be right about the difficulty in finding jobs, but the "politeness" and "racism" part I just dont understand. From my experience of canada (BC and ontario) I can say on the whole people there were much more polite and helpful than anywhere in the US. As for racism, it exists in every country - even in the US, especially in rural areas of the south.





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  • swaroopmukka
    07-19 01:48 PM
    // you are right on the money!!But i don't see any use for guys with PD>2006 coz anyway they would have to wait for more than 3 years to file their spouses bcoz of retrogression. y not wait for PD's to bcum current at a later date and apply together..GET IT!!! //

    Only use applying for 485 now single is to be eligible to apply for EAD anytime. And if your spouse decides to study (F1) or work (H1), you can apply and get your EAD and use it. Once the PDs become Current, you can add her case (AOS) and her EAD too at that time.

    If you think that your spouse would remain on H4 no matter what, then you are correct, there is no use filing 485 alone now.

    What say ???



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  • kaisersose
    07-09 11:29 AM
    I am trying to understand something here..... I had consultation with murthy lawyers and they told me that there is no law written anywhere that states that the employer must revoke I-140 if the employees is laid-off or is not working with them anymore. I was laid off and my company is determined to revoke I-140 because thats what Fragomen lawyers suggest. I am having a hard time understanding why would they want to cause problems for me when I am not even leaving on my own and got affected because of layoff.

    Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion

    Everyone who changes jobs under the protection of AC21, must do so under the assumption that the sponsoring 140 will be revoked.

    It is not a matter of our convenience. If you quit the sponsoring employer and he has no intention of hiring you again after your GC, then what is the sense in him retaining your 140 for no reason? It only adds complexity to some employers as dangling 140s are counted to evaluate their ability to pay. So even if it is not law, it makes sense for employers to revoke 140s of employees who quit them.

    AC21 protects you from such a revoked 140. We have seen some cases where revoking the 140 - even after the 180 day mark - has resulted in 485 denial. This is a mistake from CIS and is easily fixed.

    Expecting the previous employer to hold on to your 140 is not very different from expecting him to keep your you previous job open for you - just in case.





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  • Leo07
    09-23 08:02 PM
    We Can Blame All We Want After We Are Sure That We Have Done Everything We Possible Could....


    Calllllllllllll............



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  • redcard
    09-15 08:19 AM
    Its very interesting to read about people�s different perspective about same thing we are all after.. lets ask ourselves.. honestly why we do want GC and I am sure we all would have multiple reasons for this in our subconscious but would not like to bring it to forefront because it would only undermine our own ability to fight it or make life more stressful.. but end of the day we all want this card.. for me I want it mainly for security and peace of mind�lets look at the different situations.. these might be extreme but we all might have thought about these situations atleast at some point in the recent past� .. and especially the people in the seventh year

    1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �

    2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..

    3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..

    4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC

    5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..

    1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
    2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
    3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..

    Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...

    We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�

    Good Luck and lets keep up the effort... :)





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  • funnymdguy
    07-20 03:37 PM
    Let us poll here only for Nebraska Service Center 02-July filers and find stats to estimate the timeline


    Hope everyone is putting in there information at http://www..com/

    This is the easiest way to track each step of USCIS and have that internal satisfaction (if things are going forward) or despair ( if nothing is happening ..AGAIN)



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  • WithoutGCAmigo
    06-18 12:11 PM
    So looks like only the renewal will have a delay. First-timers won't face much difficulties.


    my point is if dates retrogress and if processing EAD's and AP's takes a long time getting a EAD might be easy in the first 60-90 days but renewals will become more difficult.

    its ok for folks that are within their 6 yrs of H1b but for others it will be a big head ache. As someone already mentioned earlier, you might have to apply for your renewal EAD the day after you get your 1st EAD and so on.





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  • indian111
    08-14 11:04 AM
    E-filed on May 22 ,
    Fp done June 17,
    LUD on 07/22
    No updates so far .

    My current EAD expires on sep 17 and I already received a letter from my employe abt the new EAD card submisison to continue employmnet .
    Did anyone try writing to senators or congreesmen for EAD approval delay ??



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  • us-alien
    01-25 11:37 AM
    contibuted $100 today thru paypal. its good that you added a link on this site. its much easier to pay.





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  • andycool
    08-11 07:53 AM
    Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)



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  • gaz
    04-20 12:01 PM
    it is the job profile that dictates whether the case is eb2 or eb3 - the applicant should meet the criteria for the job. not the other way around.

    My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.

    If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.

    However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.

    Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).

    However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)





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  • masaternyc
    07-19 02:12 PM
    EB2-PD May 22, 2006-India-Reached July 2nd, 2007. Checks Not Cashed Yet.





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  • knnmbd
    04-03 11:05 AM
    Admin,
    Thanks for clarifying the issue about contacting AILA and similar organizations





    terriblething
    06-12 01:13 PM
    DA is accuser, for DV case, it is normal as sometime spouse would change mind and support the defendant finally.

    Negative:
    1. Neighbor call the police as they hear screaming from our apartment. It demonstrates something happen.
    2. I said "annoyed" and "drag" in my statement from police derivational question. And police add one "push to chair", definitely it is illusive, I only said my wife want that computer, then I move her to study room, as chair is there.
    3. One neigbour claimed she saw "I kept my hand on my wife mouth" As my wife continue screaming over 10 seconds, I tried to comfort her, but I even not sure my hands touch her mouth or not. If so, it is very lightly, I think you can understand that scenario, that is kind of instinct. And for that statement, the police even question, as the distance is so long and light not good, how that witness can see what's happen.

    Positive:
    1. My wife said kidding around at very beginning, she does not change her words. She questioned why police will arrest me when informed? We are put in different area when cop enter.
    2. No mark, no injury. My wife said so and cop also check and find nothing.

    That's all I found in the police report.

    Something we did not say to police
    1. The real reason for my wife screaming is pee on pants. that's for embarrassment.
    2. The whole story is, I used computer, my wife want that for MSN chatting. She tried to disturb me several times, finally I leave the room for her and go to living room. But she did not stop, follow me and jump on me. I knew she is just kidding, my wife sometimes is like a kid. But my finger nail is hit by her at that playaround, sure not intentionally. So I hold her arm, just stop her kidding more. (that's the reason I said annoy, but definitely not mad or anger something), and then walk her to study room. (there I used "drag") In the hall way, even not enter study room, just at the entrance. My wife scream suddenly and very loudly. She is neat freak. Then I release her immediately and ask her what happen, anywhere hit? She just continue screaming. I continued comfort and calm her but no result. After about 10 seconds, I am worried it would impact neighborhood, so someone see my hand on her mouth. Then we heard several very loud shout from neighbours, just like "Stop screaming right now!". Then my wife stopped. After 10 mins, cop come.
    That's 100% truth happen on that day.

    Thanks!!!!!


    I just do not get who is the plaintiff (accuser) in your DV case if your wife is on your side? Do you have a copy of the complaint filed in court? You can PM me details, if you want to. To me it looks like there is no ground for any case against you if your wife does not want to push it.





    senthil1
    07-04 12:18 PM
    Will it really create ablity to pay issue when an employer keeps many I140s without pay and create a problem for future Gc processing? If that is really an issue then cancelling I140 is not retaliation. People can post their views.

    You have used AC21 after 180 days then what is there to worry? Even if you receive RFE you can reply and you can get GC.

    I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.

    Dear gurus - here is my issue and I need some real concrete help.

    I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
    I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
    In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
    As it is safe past 180 days, I used AC21 portability and moved.
    I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
    I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
    My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
    I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
    I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
    Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
    What are my options to avoid a NOID or denial
    Thanks in advance



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