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  • ash27
    03-31 11:16 PM
    Sk2006, I don't understand why would you like this thread to be deleted. I understand that this is immigration forum but I do not see any issues discussing other topics that other people are interested.... Please do not discourage people from discussing other issues that may be relevant. If you are not interested, you are more than welcome to not go through this thread....





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  • RNGC
    02-13 02:30 PM
    how abt IV core leading us here or how abt murthy and other IV supporters who are immigration lawyers too.

    Are u kidding me....She is the happiest soul out there and thriving on our problems. If USCIS is efficient and no backlogs she will be out of business...





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  • psgprasad
    07-03 04:34 PM
    Requesting IV core to setup webfax and IV action items to call senators and congressmen on the mid month retrogression issue and bad process followed by USCIS and DOS

    The response by congresswoman Rep. Lofgren should be added in the webfax and our phone calls.





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  • salnarayan
    10-27 12:02 AM
    Greetings:

    My EB-2 I-140 was approved with March 2006 as priority date and I had filed for I-485 on July 2007, and the approval is still pending. I do have an EAD and AP.
    However, my EB-1 I-140 petition which I had filed on February 2007 got approved in September of 2008. Since I am from India there is retrogression for my EB-2petition, I want to apply for my I-485 through EB-1 since it is current.
    Is it possible to transfer my EB-2 I-485 petition which I filed in July 2007 to the recently approved EB-1 petition or should I file a new I-485 petition again.
    I thank you sincerely for your time and help



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  • Marphad
    05-18 01:19 PM
    How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???

    If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.

    Well,

    Panini's profile is "WRONG" on this thread too: http://immigrationvoice.org/forum/showpost.php?p=237356&postcount=1

    More, It is wrong to put fake data. All I suggested is that it has some impact on his credibility and his reaction was very strong. I agree with his post contents and second them too! Not comfortable with someone roaming around with fake profile - keep in mind profile is the same whether it is immigration or non-immigration related thread.

    You tell me the reason you think why Panini put wrong profile data. OK, you don't know, then tell me why you put correct profile information? You will get your answer.





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  • samay
    07-21 08:30 PM
    My dependents are out of US for almost 5 months for now and they have AP approved before they left US and they are planning to come to US in couple of weeks from now on AP. Our PD is going to be current in Aug08. Is this OK to be out of US for this much time when AOS is pending? Staying out of US for this long would effect their AOS processing in any way?

    Its fine so long as they are back before their AP expires.



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  • unitednations
    02-20 12:59 AM
    How much investment is required to do this using the L1-A? This appears to be a better option than the EB-5 where money is tied up for years.

    You have to work for the company outside USA for one year. therefore, you gotta be out for one year.

    I am not advocating this but if a person were to go back home and wanted to come back later then al they need to do is start a business (could be consulting). After it has been running for a year then come to USA on L-1A to open up a sales/operational office and then open up your consulting company and start hiring/placing people.

    Note: You need to ensure that the company is real back home to get through consular process.

    I am actually very surprised at people. I would have thought that now people have come to realize that this could take a long time that people would dig in and start lobbying harder; strategizing, etc., instead, I am seeing more postings of people going back home; canada, australia, england, etc.

    I will give you my story. I came here in 1993 and stayed until 1996. Didn't really think about staying here permanently. In 1996 my colleague who was from Bahamas on H-1 got me on a conference call with company attornies about doing greencard. We asked her of the process and she told that the rules were you had to work with the company for 18 months; the process could take 3 to 4 years and then you had to stay for 3 years after the greencard got approved. We both just looked at each other and thought there was no way we would do it. He went back to Bahamas and I went back to Canada thinking i wasn't going to come back and why wait anyways.

    Three years later I decided I missed USA (note: Canada isn't much different but I still missed the "system" and the rush of working in the big economy with the biggest companies. I came back and stuck in greencard process now for many years.

    My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.





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  • gc28262
    06-16 04:47 PM
    Merit = Achievement

    CEOs Without College Degrees (http://images.businessweek.com/ss/09/05/0522_no_college_ceos/index.htm)

    http://images.businessweek.com/ss/09/05/0522_no_college_ceos/index.htm



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  • gcdeal
    07-11 09:45 PM
    I submitted my TOEFL. I think it is enough





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  • Jerrome
    09-15 12:47 PM
    How did you say that are Only EB2+ EB3?

    What else is there? EB1 does not have labor right..Does EB4 & EB5 has labor process.



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  • hydboy77
    06-04 01:13 PM
    This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.

    I just used t he term Interim GC to convey the idea, it could be named anything. EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC may provide all rights of a GC holder, awaiting final count in the legal register (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, etc. should be asked.





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  • walking_dude
    02-14 01:35 PM
    One of the plaintiffs is a Michigan chapter member. Though IV isn't a party in the lawsuit, we have enouraged members to participate on their own. Though 2 of them backed out, 3rd one did decide to participate.

    We had formed a group on MI DL issue - Mark and me. We have been working on this issue in different ways, contacting attorneys, state lawmaker offices, other organizations and so on. IV has provided us all necessary support. But, most of the work was done by Mark & me.

    Same should happen here. Some leaders need to come forward and take the initiative to organize. Come out in public, contact other members, collect money, find plaintiffs, talk to attorney and own the initative. IV can provide necessary background help.

    Will some leaders step forward?

    Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.

    http://www.aclumich.org/modules.php?name=News&file=article&sid=567
    https://www.aclumich.org/pdf/licensecomplaint.pdf



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  • Blog Feeds
    06-10 05:40 PM
    Why should we punish people who play by the rules? Charles Oppenheim, Guru of the Visa Office in the State Department, has confirmed what we warned employment-based (EB) immigrants about in our June 2009 newsletter. Not only are EB-3 numbers unavailable for the rest of the fiscal year and EB-2 numbers for persons born in China and India oversubscribed, but the situation is going to get worse, much worse. Mr. Oppenheim states that the EB-1, EB-4 and EB-5 categories are all experiencing greatly increased demand, so much so that the EB-4 category (religious workers and special immigrants) may retrogress this...

    More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)





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  • desi3933
    06-16 04:33 PM
    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I agree that the employer will pay the salary that is consummate with the market. No well meaning employer will undercut to save a few pennies at the risk of losing out on quality.
    What if the market pay scales are distorted through pervasive fraud ? If you look at it from an employer's view, it gets murkier. Believe it or not, low cost always signal lower quality. Trust me this is marketing 101. Google low cost and the perceptive signals. It is truly tough for the employer to trust the low cost employee's skillset.

    Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company committing pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.

    >> I agree that the employer will pay the salary that is consummate with the market.
    I am glad we are on the same page on this. It is employer who decides how much to pay. Employee decides whether to take the offer or not. Simple.

    >> Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud.
    Well, you can report the fraudulent activity. If one is wronged, he/she has option of legal route and claiming punitive damages.

    >> The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living.
    If my employer pays me less salary, I have option to move to another job. Just like my employer has option to fire me and replace with another qualified worker. Again, unless otherwise, I assume all actions are legal. I don't know about you, but when I came to USA, nobody give me assurance or guarantee that this job is future will pay me at least xx k per year so as to maintain quality of life. Here, two person of equal talent, could be earning 60k and 120k per year. It depends on your skill set, how do you sell yourself, and luck. An example - I have backgound both in Comp Science and Finance, so I look for opportunities where I can use both of them for effective leverage. If you think that I didn't face outsourcing challage or was not given pink slip, then you are wrong. As most professionals, I have seen good days and not-so-good days.

    >> Oh BTW that 80K number was just to highlight that the L1s should be paid high too.
    With your admission, it is employer's choice on how much to pay. As long as law is followed, you or I can NOT decide on anyone else's salary.

    >> For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future.
    Bad things do happen. Projects get cancelled as Customer is no longer interested. Employer wants to move from Chicago to Dallas, that may prompt employee to look elsewhere. Some employers do not process green card at all (It happened to me, a Big Bank was not processing Green Cards in 1999). You assume all good and rosy will happen to guenine employers and good employees.

    >> Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies.
    Just as some employers with permanent positions are not good, there are some employers in Consulting and Outsourcing world that may be good. Let USCIS and other agencies determine who are genuine employers or not.

    >> I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky". Cant believe I am using that word !!!
    No sir. It is employer-employment based. If you don't have employer to back your I-140, how will get green card. Do you know there is a category - Eb3 skilled worker, where benefiery does not even need bachelor degree. What do you think, those people are "lucky". If so, please take your arguement to Senators and USCIS to restict GC for "merit based" only. Until then, as long as one is getting green card, as per current law, (again as per current law), who are we to complain?

    GC is not IIT-JEE exam where there is only one classification. Clear the exam and get the admission. There are varoius categories from EB-1 (Rocket Scientist) to EB-4 (Priest). This is not one-size-fits-all.

    We need to look at issues faced by EB based community from a distance and without the glasses of issues faced personally by us. Until then, it is fight that one is more deserving than the other.



    .



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  • newtoearth
    05-03 01:14 AM
    ...





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  • sh2005
    02-12 03:38 PM
    I wish your hopes comes true. However, one thing you should remember. There are many guys with PD before 2005 got stuck due to name check, particularly in ROW catagory. This big jump in PD for ROW and new name check clearance rule, will makes tons of 485s become eligible for approval in March.

    As they mentioned in their comment, they may freeze the PD for ROW in APril or move back to 2004, depending on how many EB3-ROW gets GC in March.

    Ramba,
    I see the comment where USCIS said date movement can slow down or stop, but didn't say anything about going back to an earlier cutoff date. Of course, I am pretty sure that State dept didn't take into consideration the new Name Check rule. So as we have seen before, anything is possible :)



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  • xyz
    06-27 07:47 AM
    This is what my very very high profile attorney wrote in her email to me today....

    " We have heard that there will be a visa regression the first week of July "

    And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.

    My post is not to spread rumors or scare people but to help them to grab this golden opportunity.

    I am ready to send papers for July 1st.

    Visa regression (visa dates' retrogression) does not mean that there are no visa numbers for any priority date. If USCIS runs out of visa numbers (i.e. the world-wide quota for the fiscal year) for anybody in EB categories, USCIS will stop accepting further applications. But, if I understand correctly, if mere visa dates retrogress and still there are visa numbers available for some older priority dates, USCIS will keep accepting applications in entire July month.





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  • ronhira
    01-13 03:57 PM
    Ron Hira my friend you are on an immigration forum and you have an Anti Immigrant login id. Now what could be funnier than that Ha Ha...

    As to me being a guy phasshhhhhh i am all female

    And i am laughing in my pants seeing you confuse me with GCPerm. I remeber seeing that name on IV before. Was he an EB3 who was kicked out by you guys ?

    now i'm sure that u'r gcperm.... welcome back....





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  • samay
    07-14 06:51 AM
    How should one answer Immigration Officer at POE "Are you working for your GC sponsoring Employer?" in case one has used AC-21 and moved to a same or similar job position in other company.

    It is best to carry your AC21 paperwork and tell them that you have invoked AC-21.





    shreekhand
    09-15 11:55 AM
    vdlrao,

    Are you 100% sure that the data for calendar year 2005 includes the traditional labor certifications as well ? I did not see any in the txt file given on the DoL website for FY 2005.

    Remember missing those out could mean missing huge numbers, I know several who filed from Jan 01, 2005 to just before PERM came into the picture in late March 2005.

    Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
    2000 074048 70204 ????? 0
    2001 082139 77921 ????? 0
    2002 089168 79784 ????? 7873
    2003 095299 62912 ????? 25956
    2004 098866 43582 ????? 26569
    2005 014253 06133 01350 6133
    2006 105960 79782 22298 79782
    2007 098753 85112 24573 85112
    2008 061997 21092 07198 21092
    Total 720483 526522 55419 252517



    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html


    In 2005 there are a total of 01350 labors certified only for India.
    In 2006 there are a total of 22298 labors certified only for India.

    The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.





    reachinus
    07-30 04:04 PM
    Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.

    Thanks for your time in advance.



    I am not saying that the AP cannot be used again, but it cannot be used after the Validity on the AP which is 1 year from the Issue date and the date on the I-94 doesn't have any meaning.

    For example
    My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.

    But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?



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