Monday, June 27, 2011

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  • bombaysardar
    06-13 06:40 AM
    WOuld appreciate if you can share your experiences.
    Thanks!




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  • desi3933
    07-08 10:45 AM
    The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.

    I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.

    It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.

    Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.


    People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".

    One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".

    Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.

    Just imagine what is this person's situation for no fault of his?

    This is really a very unfortunate situation.

    The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.

    Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.

    On the practical side, vast majority of employer have no issues with such EVL letters.

    Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.


    We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......

    It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.

    There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.

    I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.

    ---------------
    Life is not fair; get used to it. - Bill Gates

    Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates


    .




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  • reedandbamboo
    09-14 11:04 AM
    I am a member of the Tri-State Chapter. I've been meaning to ask you, could you take a look at this letter and the posters and bring it to the attention of the Tri-State members?

    Here it is: http://immigrationvoice.org/forum/showthread.php?t=21340&page=5

    Could the rest of you'll following this thread bring these materials to the notice of your respective State Chapters?

    Thanks all!




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  • Morty
    05-08 05:53 PM
    Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.


    Subject: Discrimination of Indian Immigrants

    Dear President Obama,

    I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.

    One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.

    President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.

    Thank you President Obama and you are doing a wonderful job!

    Sincerely,
    Xxxxx xxxxx

    You content seems to be okay. I urge everyone to use http://www.whitehouse.gov/contact/ website to post this content on whitehouse webpage. Sheer volume of the same request may draw Presidents attention to this issue....Also, it doesn't cost anything to do this.



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  • drona
    08-31 07:45 PM
    Have you looked at the status of the rally polls? Are you even aware that we are having a historic first rally for legal immigrants in Washington DC? Please people, get your heads out of the sand and participate in this rally to fix this broken system.




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  • Carlau
    06-18 10:33 AM
    I am waiting.. and few more friends none of us got receipt. our checks got cashed on last Monday.

    When do you think USCIS got your papers? (I mean add two days to your lawyers' filing date), and your check got cashed on 11th?



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  • FrankZulu
    08-20 02:37 PM
    For all those waiting for approval, its does help to find out if a visa number has been requested for your application. My understanding is that all the applications which are ready for adjudication are moved to a separate area and visa number is requested for those.Infact if you can find out (I think the guys at Infopass only have access to that information. Not sure if the level 2 service does) it helps. If a visa number has been assigned or requested for your application it will get approved.

    I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.

    You might be right. Check the response senator got from USCIS on Aug 6th. I was later approved on Aug 16th.

    -------------------------------
    In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
    -----------------------




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  • lj_rr
    09-13 03:40 PM
    New thread created.All TSC Filers please post here.

    http://immigrationvoice.org/forum/showthread.php?t=13344


    Sanjeev:
    I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.



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  • jchan
    08-25 01:08 PM
    I searched immigrationportal.com and only found few than three cases in the last three months about H1B denial. The number does not seem to be unusually high to me.




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  • anzerraja
    07-19 08:58 PM
    Thanks for your prompt response.

    Will do it shortly


    Goto this link https://www.google.com/accounts/ServiceLogin?service=writely&passive=true&continue=http%3A%2F%2Fdocs.google.com%2F&followup=http%3A%2F%2Fdocs.google.com%2F&ltmpl=homepage&nui=1

    and click create account now link. Enter your existing email address. For this purpose you can create one yahoo id and use that id with password you have given. you are all set.

    You would get an email to verify your email address. Once email address is verified. You can use the email id and password to login to google excel.

    create an excel and share it. in the share page check the radio button "as collaborators" and check "Anyone can view this document at:" checkbox and paste the link you under that check box in this forum. Hope this helps. If you need further help, let me know



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  • amitjoey
    07-05 01:57 PM
    i do not understand the fuss about it. why do we over react to it. Big law firms like FDBL ( fragmon) all said the lawsuit is not winnable no chance , DOS can change VB any time as per federal law. whats the use of all this??
    we should find some way through congress, not just fighting USCIS for short term beneifts for EAD/AP's etc.

    There might not be any use, and it might not work, but we have tried to get attention thru media, lobby congress and fight our way through. Law-suit is something that will bring a lot of media attention, and also AILF feels there are strong grounds, so why not?.




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  • nogreen4decade
    09-01 06:27 PM
    Pooja, Kyon re? Are you feeling lonely or what? He doesn't want to talk to you... leave him alone ;-)

    I thought you were going to contact me in order to sue me ... As usual - another coward South Indian .....



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  • the_googly
    08-20 02:17 PM
    PD: 03 '05
    ND: Jun 26 '08
    Card production ordered on August 18, 2008




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  • abq_gc
    08-18 02:42 PM
    SunnySurya,

    There is ABSOLUTELY NO QUESTION of contacting state chapter heads. State chapter heads are not your personal lackeys. They are members who receive instructions from the IV core team to take on initiatives.

    This is NOT an initiative that the ENTIRE IV community supports and hence will NOT be taken up by state chapter heads. The key here is UNITY UNITY UNITY. You have chosen to break the FIRST CODE of IV ethics and that is UNITY.

    Lastly, it is NOT upto YOU to decide what is ethical and unethical. It is upto the CORE team. So please consult with the core team before you make up the rules.




    What's yur damn problem if someone wants to fight INJUSTICE ??? If u don't fucking like the idea.. then back off and stop reading this post.... u dont have to lecture anyone on what's ethical and unethical... remember we are all Highly skilled here.... so we can decide that for ourselves...



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  • mygoodluck
    08-13 05:38 PM
    ^bump^




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  • pallavan
    09-24 07:10 PM
    :eek: what is absurd is your thought process! :eek:


    Stay in line buddy, your system abuse propaganda is only going to bite you back. Dont forget you are in the same category :D

    I am moderately amused by your usage of the phrase "Stay in line" :)

    The ones who are not staying in line and cutting ahead are the EB3 folks who are porting to EB2 ! Their line is the EB3 line. But they want to cut into the EB2 line whenever convenient. Atleast thats how most EB2 (and EB3) folks perceive the PD porting process.

    There, does that explain it in your own terms ?



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  • reddymjm
    06-05 07:54 PM
    My attorney said he sent my 485 on May 31st so that it reaches on JUn 1st. Will update as soon as my checks get cleared.




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  • renjuzone
    07-03 08:54 AM
    Use this post for any media coverage

    http://immigrationvoice.org/forum/showpost.php?p=97398&postcount=10




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  • nick
    08-21 06:14 PM
    I485/I765 both for me and my wife Send to TSC on 2nd July and reach there on 5th july 7.00 a.m.
    RN- Waiting
    Check Cash - Waiting




    gc28262
    07-19 07:56 PM
    My thoughts:

    I understand and share the despair and hopelessness felt by EB3 guys.

    Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.

    Spillover issues:
    Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.

    If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.

    Here is an official IV discussion about spillover rules:
    ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)

    Visa spillage rules
    There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.

    If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.

    Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).




    NKR
    04-25 08:28 PM
    Atleast your DESI employers start GC early maybe after 6 months. Most american employers dont even start GC until you are in 5th year of H1. Employers are employers, they dont come with nationalities on their forehead. There are so many american companies who have filed bankruptcy when a large payment was pending and your desi employer attempted to recover it.


    Yes, he will recover it and say that he never got paid so he can keep all that to himself.



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