Friday, June 24, 2011

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  • ilikekilo
    04-09 03:16 PM
    Our immigration doctor, as a std. practice, don't do TB test during pregnancy. That's the reason we didn't do TB test for her during July 2007 fiasco.

    not sure, but one doctor said its absolutely OK to get a TB test during preg...so we looked for an other doc...





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  • NKR
    07-02 08:17 AM
    Some of the reasons I can think of�

    Employers will be right in the eyes of the law since there will be an agreement signed by both parties, the law does not care if the agreement was signed under duress, under mild threat or when the employee was ignorant.

    Employer is legally bound to pay only what is in the LCA, that amount will be way less than what you get by pay rise, percentage or whatever. So when the employee leaves the employer could keep majority of the share and give only what is mentioned in LCA.

    Good employers treat both their current employees as well as old employees equally and that is how they grow, but bad employers don�t. They do not want the employee to leave when they do not have a GC yet, so they will try all the tricks in the book (perfectly legal but highly unethical and totally unprofessional) to keep him saying that if an RFE shows up, they might not be able to respond in time if they are not with them.

    They do not find projects, but since the employee is on their payroll, he will find a job himself to remain in status. Here too the employer has not broken any law.

    In all of the above instances do you have a case to sue the employer?. No, even if you do have a case do you sue them?. No, cause you need them and then history repeats�.





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  • twinbrothers
    07-10 11:49 AM
    I guess USCIS is getting pretty smart. To be a plaintiff in the lawsuit, your application has to get rejected. By holding your application, it is probably preventing you to be a plaintiff. Smart F***ing A**es





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  • jetflyer
    01-19 08:50 AM
    This doesn't effect me. However, I am big opponent of divide-n-rule, so for my fellow immigrants I am with you, if we proceed towards LS I will donate $1k to the cause.

    Poll needs to have more options like: No effect, but will contribute



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  • trueguy
    11-04 12:59 PM
    Feb 2003!

    I feel this is too small a specimen to predict anything but so far about 25% are Jun 2003 or older...

    Below is purely my speculation!

    Assuming there are 400k applications pending (may be a bad assumption) > so about 100k with PD's Jun 2003 or less...

    10k per year allotted so 10 years to reach June 2003 :confused:

    I hope my calcs are wrong! God Bless us!


    Guys: This is just for EB3-India category.





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  • sc3
    08-11 02:52 PM
    I am wondering the same for 2002 applicants. I wonder if many people were approved in 2007 fiasco and if yes, then why PD is stuck at Nov 2001?

    I am also thinking the same that many might have been approved in 2007, because most of these applicants had a chance to apply before the gates were closed in 2005, and would have been approved in 2007. But 0 responses is still odd.

    The reasons for Nov 2001 PD could be due to backlog processing centers that held sway over these applicants (non-RIR cases), but by same yardstick, there still should be some cases in early 2002. Odd indeed (though a good kind of "odd", as we will get a welcome jump in dates once they ball starts rolling).



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  • rheoretro
    09-13 03:17 PM
    We need to do something that catches the attention of the media; just getting more members and more funds may not be enough. We need to write letters to editors of major newspapers like NYTIMES and WASH POST.

    I am so glad about the strong reponse to this thread.


    I think you missed my point...we need more members because you can't get any one's time if you just want them to do something for you. You have to be prepared to do something for them. For us, when we become citizens, we need to vote. Now do you see why political parties look for numbers?

    Also, as far as our outreach in the news media is concerned, you should look at this page:

    http://www.immigrationvoice.org/index.php?option=com_weblinks&catid=19&Itemid=27

    We may not have made the news on CNN or on PBS, but we have gotten the word out across a wide spectrum of the news media...

    RR





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  • Lasantha
    09-25 09:15 AM
    Just curious. Why do you claim ROW is receiving preferential treatment over India when all the countries get the same upper limit of the visas. Now if the Indians ask for more visas just because there are more Indians asking for green cards, wouldn't that be preferential treatment? :)



    Quota system treats everybody anything but "equal". And this is not just the question of equality, because I am sure you agree that we are equals. It is the question of PREFERENTIAL TREATMENT. You are in the category getting preferential treatment, so you oppose any change, you "create" arguements that you were "promised" a system when you came, and thus any change to the system, before you get your green card would be WRONG and UNFAIR. So you should continue to get that PREFERENTIAL TREATMENT. And PREFERENTIAL TREATMENT to you is NOT WRONG AND UNFAIR. Right?

    BTW, hope you liked the You tube video, Frank is really good. I do not want you to go, so that's why I posted the video. Hope it helped you to stick around. Now don't say you have the right to watch it 5 times and I can watch it only once because I am from India and you are ROW :D

    Cheers,



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  • Redeye
    08-13 06:38 PM
    Boy, you are two kinds of crazy

    1) You ignored the point people have life and do things to be happy in life. You choose a job that makes you happy. Then apply for GC either EB3 or EB2.
    You say you have chosen PHD, and you came out low on money. What were you smoking when you chose Phd and also thought you would make money?

    2) I cannot change my classification and port it like it is my application. Because simply it is not. At the same time I do not want to leave my 6 figure job with benefits ( yeah you heard it right and damn right I worked hard for it like you did for your Phd)



    And yeah India is a great country and would love to go back someday, but not today. Irony is I know for a fact that I will have better life in India than in US given my family background. But I will not let any struggle in my life go waste.

    PS: I have a US Masters with a 4.0. I have got offers for Phd which I chose not to do because it does not interest me.



    ..."who were qualified for EB2 but applied in EB3. " ...Exactly my point. Technically I am qualified for EB1 but filed as EB2, hence i need to play by the rules governing EB2. Now if i begin lamenting that I am qualified for EB1 which is current and life is unfair since i am in EB2, how much sense would that make? My point is Don't crib if EB3 is retrogressed...use the system and become EB2, port your priority date, which is ofcourse dependent upon finding an EB2 job !!! All of this nonsense .."i pray someone does something for EB3" is going to get no one anywhere !! Fight for comprehensive immigration reform or HR 5882 recapture BUT for god's sake Do not blame the EB2 - India people who have played by the rules and are in a favorable position today relative to EB3 !!

    The lawsuit against PD porting makes sense from an EB2 perspective and they are right to go ahead with it. Porting your PD from EB3 to EB2 makes sense from an EB3 perspective and every EB3 should try to do it before this door closes, if it does.





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  • amitjoey
    09-13 06:32 PM
    Regarding the 1st point, we, or at least I, am already trying to recruit as many people as I can, also posted IV posters in a few places.
    Does anyone know how the illegals got word out about their rally across the country, or specifically press coverage about it? If so, we can try to use the same source, not for a rally, but to get IV's name out and talk about our major issues reduced to 2-3 points, so it is not confusing for the public.

    Regarding, 2nd point, I think we can all contribute small amounts, say $50-100, but unfortunately most of us are stuck in low paying jobs. If we can get employers involved, that could be a better source of funds. Seriously, I dont expect many employers to contribute, but maybe academic employers who are losing funding because their H1-b employees are not authorized to get it, might be more willing to contribute.

    Also, is anyone aware of any Indian American politicans, perhaps local Congressmen, that we can contact? I think I read recently of one in Texas.

    Here is a story on a senator from Delaware who seems to be suportive of Indian Americans, although the story is on how he made a blunder talking about them:

    http://www.cbsnews.com/stories/2006/07/07/politics/main1785303.shtml

    Also, though you are probably aware of these organizations, maybe we can apporach them to help publicize our cause where it matters:
    1) Indian American Republican Council:
    http://www.iarcnational.org/
    2) Indian American Center for Political Awareness
    http://www.iacfpa.org/
    I agree with rheoretro, the first thing that any member feeling helpless here should do is to get more publicity for IV. Talk to people in the same situation
    who are suffering because of backlog or cannot file because of retrogression.
    Please urge all your friends, influence them to contribute to IV.
    Lets continue doing that on a daily basis and then if you feel you can do more, start writing to your local representatives, senators, house members.
    I have written atleast 2-3 times to my senator on numerous occasions.
    I feel, your words, combined with your thoughts about how this affects you helps a lot in conveying and putting the message across.

    I just got sending a email message to my senator here, I am going to follow it up with a letter.
    Email message reads like this:


    Dear Senator Boxer
    I have been a legal resident in state of " " for close to 5+/X years and I have been a legal resident in the USA for a total of X years.
    I am a legal immigrant, whose application for permanent residency has been pending for the last 3 years.

    The U.S. government makes only a certain number of immigrant visas (green cards) available each year and these are allocated among the various immigrant visa categories and countries from which applicants seek to emigrate.

    Retrogression: For the past few years, the number of immigrants approved for employment-based immigrant visas has been lower than the number of visas available, resulting in no backlog in visa numbers. Recently, the DOS has seen far more immigrants approved for employment-based immigrant visas and has run out of visa numbers in certain categories, causing a temporary backlog or "retrogression" of visa numbers.

    EB-3: This visa category includes employment-based immigrant visas for:

    1) professionals with a bachelor's degree
    2) skilled workers in positions requiring two or more years of experience or training
    3) unskilled workers

    Chargeability: Immigrant visa numbers are further apportioned among the various countries from which applicants seek to emigrate. Each country has a limit and each approved applicant is "charged" against his or her country's limit.

    Also to complicate the matters, there are those folks that came here illegally that were allowed to change status based on 245(i). Every year in Oct (start of new fiscal year for the govt) 140,000 visas are made avaible for EB3s. These 140,000 visas are divided amongst the different nationalities. Some visas are now going to be eaten up by the surge of 245(i)s from 2001. Irrespective of the the nationality of the 245(i) applicants, they are impacting every category witihn EB3. That is the main reason that almost all EB3 categories have retrogressed and will remain so for a while. Its a grim picture but thats the reality.

    We need some intervention from Congress, otherwise people like me will have to wait for years - possibly half a decade or more

    I support your opinion that there cannot be any amnesty for illegal immigrants, but there should be emergency relief for legal immigrants stuck in the logjam for years. We ought to make it a little fair for legal, honest and law-abiding legal immigrants.

    Please support any bill that gives a temporary relief to legal immigrants (especially Employment based applicants). A temporary increase in the number of Visas allocated to the Employment based categories can substantially alievate some hardship.

    Thanks for your understanding
    Future Citizen, proud resident of state of California

    Thanks



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  • GCVivek
    04-19 06:44 PM
    It is simple: you could have a PhD and be on H1B but still not qualify for EB2 classification if the job you are in does not require enough education and/or experience to fall under EB2 classification.

    You do NOT require Master's degree for EB2 classification or for H1B. The law does require "related field" but does not clearly specify computer science or anything.
    You do require enough experience.
    When applying for GC or during the stages, Educational Equivalency to US accredited Universities will have to be shown. This is the stage you might have an issue with showing that it is equivalent.

    There have been thousands of instances where applicants have been disqualified from applying for GC and even their H1B revoked when initial degree was found to not be related to the occupation - examples: B.Com, B.Sc (Bio, Geology..except Physics/Math), B.Arch.
    USCIS is now very strict. :( -but for the betterment of the whole system.

    Hey,

    I have Bachelor's computer's 3 years and MCA 2 years from IGNOU. I have over 7 years of Exp excluding frm my current company. Is EB2 possible in my case. My employer says its not cause of my education, can anybody let me know if they have done EB2 with this scenario. Appreciate your time. Thanks





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  • borgho
    06-08 09:47 AM
    I wanted to add a few points again - after reading the previous posts from Alien2006 and Chanduv23.

    To alien2006' posts I want to add the following:

    Funny how many of us have noticed the flow of suggestive ideas that we are given right from the time we start the H1 process - back in our home country:

    1. Prospective H1 employer suggests the following (nothing in writing of course):

    "Great. You are very smart and deserving. We have choosen you to be one of the lucky few whom we will take to America this year after filing your H1-B visa. Once you land there on the H1-B visa, everything will be great. You will have a job in a few days with one of our clients (Buzzer - this is one heck of a lie - there are no confirmed jobs - one has to go through the whole process of interviews again to find a project where you will be accepted on a contract position. Rarely I have seen H1 companies who have projects of their own for their employees...but no one tells us that!!!). After you have worked with us for about 6 or 7 months we will file your green card and you will have your green card within 3 - 4 years. You will be all set with the wonderful American Dream in less than 6 years which is the validity of your H1 visa!!!. (Buzzer - One more great turd of BS - Yes they will apply our green card...BUT they may or may not pay for it...they will apply but there are 195,000 H1s and only 7000 Green cards per year for India - guess what MOST OF us will only dream of a green card and may never get one).

    Folks here shout at us about why we "expect" to get a green card when we "know" that we are here on a temporary H1 visa - WRONG - we know that H1 is temp - but we also are made to think that H1 is the first natural step towards a green card. Once we get here its a big wake-up call after about couple of years on how false that premise is.

    Also - if we are "temps" no one - employers, for that matter - any organisation that we come accros in our "immigrant lives" here in the US try to highlight that YOU Are TEMPS...WE JUST GOT YOU HERE TO BE A TEMP WORKED, EXPLOIT YOU IN WHATEVER WAY WE CAN, MAKE A QUICK BUCK ON YOU...and then put you on the sinking broken boat called "GC process" and forget about you!!!. No wonder we think we think that we deserve to a fair and simple GC process - but it should be made simple and fair - coz thats the sublimal message we have been dumped with for the past 6 or 7 years...its now time for them to come through on their promises.

    To Chanduv23 post - Yes I agree things are much better now...in the last 10 or 15 years....and probably thats the reason more people want to come here and work here...I know I love my job, the people here and the whole way of life here.



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  • HV000
    11-10 08:21 PM
    ---

    Why are you so surprised? If you do get permanent residency then too your prospective wife will not be able to immigrate immediately.

    Why do you think that i was 'surprised'?? I was just making a point that this policy was absurd!





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  • Vexir
    06-15 12:07 AM
    Quick someone tell me which one I should put in the poll, the carbon pod or the orasquare ?



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  • satishku_2000
    08-01 01:35 PM
    Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.

    Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .

    Urgent any help or input ...





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  • July2007
    07-19 09:23 AM
    PD: EB2 Aug 2006 China
    Date Delivered To USCIS: July 2
    Rejected: Dont Know



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  • Lasantha
    09-25 09:15 AM
    Just curious. Why do you claim ROW is receiving preferential treatment over India when all the countries get the same upper limit of the visas. Now if the Indians ask for more visas just because there are more Indians asking for green cards, wouldn't that be preferential treatment? :)



    Quota system treats everybody anything but "equal". And this is not just the question of equality, because I am sure you agree that we are equals. It is the question of PREFERENTIAL TREATMENT. You are in the category getting preferential treatment, so you oppose any change, you "create" arguements that you were "promised" a system when you came, and thus any change to the system, before you get your green card would be WRONG and UNFAIR. So you should continue to get that PREFERENTIAL TREATMENT. And PREFERENTIAL TREATMENT to you is NOT WRONG AND UNFAIR. Right?

    BTW, hope you liked the You tube video, Frank is really good. I do not want you to go, so that's why I posted the video. Hope it helped you to stick around. Now don't say you have the right to watch it 5 times and I can watch it only once because I am from India and you are ROW :D

    Cheers,





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  • duncanidaho
    06-17 11:07 PM
    Apple,
    As someone else mentioned earlier on this thread, your best bet is to counter-sue the party for >$3.25 M. Hire an attorney on contingency, i.e: you'll agree to a minimal base professional fees, say 5-10k and the rest of the cost of running this litigation will be incurred by your attorney. If you guys get a favorable outcome then say 25-75% of the $s won on this suit will be retained by your attorney to cover for his/her cost, etc.
    In a case like this, it is quite possible for you to hire someone on a contingency basis.





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  • satishku_2000
    05-25 03:14 PM
    Bashing the system and correcting the imbalances are correct. But some people in this forum are targetting individual persons(some times Senators) and doing personal attacks some times bad words also(I can see atleast 100 postings like that). No one realise the fact that same right we were not able to get in our own country. Can anyone talk to MLA or MP in India by phone when they want if any issue?. So we need to appreciate that we got extra freedom than our own country. If we want to correct problems in the system we have to fight with patient with point in mind that we are aliens compared to those who came here 20 years or 100 years before us.

    Everyone on this forum or at least most of us on the forum know what are the downsides in indian system. Every one can write thousands of pages . I agree with you that India has problems and I am the first one to agree.

    The momemt one starts comparing both countries , It is a race to bottom. Hope you understand.

    At least personally I have so much respect for the system. Dont think that who questions an unfair system is less appreciative of USA.

    This is what I sent in the email to an american friend of mine and the response I got from him.

    Response from My friend

    <b>I agree with your points Satish. I'll forward your letter to my congress persons and my family- they will understand, their grand parents were immigrants like you, willing to work for the "American Dream" !
    </b>

    On 5/23/07, satish kumar <satishku_2000@XXXXXXXXXXXXX.com> wrote:

    Honestly I dont mind joining Mr. Cook in killing this disastrous bill which rewards illegals/undocumented people at the cost of people who are waiting in line by obeying laws.

    Honestly I dont have anything against undocumented people and I identify myself with them in aspects of supporting my family backhome. Whatever I have as individual a home and some real estate investments in India happened to me because of America. I used to have high regard for american system of governance , Senates mode of debating issues, the respect for minority and how it is institutionalized into the system with power of fillibuster. Some of these senators have my respect which include John McCain whom I thought to be a quintessintial american and now I have to at least pay attention when a conservative talks about common sense and accuses some one being out of touch :)

    They plan on having a CIVICS test , assimiliation tests, english language tests...I think I woud fare better in all these tests than many of the 12 million people to whom Senate is trying to hand out semi green cards immediately and at the same time sending me a message to pack bags and leave.

    What senate is doing and frustrating and disgusting. If this passes in its current form it will write a death sentence to my american dream.

    Another funny thing about the bill is , Undocumented/illegal people dont have to pay back taxes before they legalize. What would happen if 15 to 20 million american citizens refuse to pay taxes.

    I am taxed every month for social security though I am not eligible for any of those benifits as of yet. I always thought if that is the price I have to pay to make America my home I thought I would do that happily.

    I still have beleif in the system and hopefully something better comes out .

    I am just writing this email to complete my civic responsibility and If I dont speak out nobody will speak on my behalf.

    I would appreciate if you can educate some people like your dad ...





    trueguy
    03-11 02:35 PM
    My analysis for EB2. If some one is not agree with this, please ignore it but don't put any rude comment.
    DOL approved labor as follow
    For India (all category assume 50% are EB2)
    2005 : 1350 (EB2-I : 675
    2006 : 22298 (EB2-I : 11149)
    2007 : 24573 (EB2-I : 12286)
    2007 before July 2007 (approximately 65%)
    July 2007 : 15972 (EB2-I : 7986)

    2007 labor approval is for FY (up to Sept 07). If person have approved labor before July 2007, 99% he/she might have filed I 485.

    Consider derivative (Dependent) factor : 2.5
    Following numbers of I 485 pending applications for EB2-I:

    2006 : 27872
    2007 : 19965

    Total : 47837

    As per Sen Kyl's information pending I 485 for EB2 India : 51717

    PD Before 31 Dec 2005 : 3880
    PD Before 31 Dec 2006 : 31752
    PD before July 2007 : 51717

    If this data is true, It would be easily hit early 2006 cut off date for EB2-I in August/Sept 2009 VB

    Good luck to every one !
    (Note: I got my Green card in 2007)


    Very nice and good job. Do you or anybody have similar numbers for EB3-I?





    a1b2c3
    05-07 09:26 PM
    congratulations!
    when did you apply, how soon you got it? what did it involve? are there backlogs? you plan on sponsoring your family?
    most answers are already around, thanks to stuckinmuck, but it never hurts to get it from the horse's mouth.



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