Monday, June 13, 2011

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  • Abhinaym
    01-13 04:15 PM
    I do undersatnd that these companies did not help you.. y don't u understand that we r not talking about u :) the statistics r these companies bring tens of thousands here every year from one country, yes on H1 or L1, not to sponsor them for greencards, but arriving here with a dual intent visa that allows for greencard application is not such a casual opportunity and that's what I'm telling you is rarely available to the equally qualified non-retrogressed folks. Once here, those thousands transfer to these small/mid size companies u mentioned and choose to stay and apply for greencards even though they know that with their huge numbers current rules will make their greencard journey longer..
    Yes adjusting the quota percentages should be on the table, but if these companies hurt you by creating a longer line than the quota allows, , then you should take issue with these companies before you take it at your fellow non-retrogressed immigrants.

    You're confusing the cause-and-effect. The country quota laws were put in MUCH earlier than any offshoring companies started doing H1s. It might in fact be the opposite, meaning that these companies are hiring qualified people who weren't getting GCs.

    And besides these companies are all software cos that came up in the last 10 yrs, why should that stupid rule affect any person in a non-software field?

    Yes we know that the current rules make the journey longer. The point is that it is unfair and that's why we should start trying to change it!

    Basically it is very difficult to understand another person's pain. Especially when you're set up to gain from it.




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  • navyug
    06-11 07:17 PM
    Totally agree with you. I know guys who worked in production support and QA applied in EB2. At the same time people like me in positions such as Architect went with the ill-fated EB3. It is sad, but is the truth.

    Dear Architect:

    Get your "Bu__" moving and try getting another job which will qualify you for an Eb2. Stop whining like a Public sector employee and get out of your comfort zone. Go achieve something.




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  • mohican
    01-15 09:16 AM
    Hi RajuSeattle--

    You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

    Please note the response I got from the attorney of my previous employer (the one who revoked)

    This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

    Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

    I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.




    Mohican,

    From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.

    I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.

    Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
    or for some other reason revoked your approved I-140.

    If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.

    Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.

    Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.

    Technically you can not use EAD until they restore your I-485 petition.

    Wish you good luck and hope you will have a successful outcome.




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  • test101
    07-06 07:24 PM
    Updates:

    I got an email from my law firm, that my packet was refused to be accepted by USCIS.
    I received the email from my law firm (Monday night - July 2) that:
    Please note however your case was sent to Nebraska last night and did arrive - we tried!

    Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!

    I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............

    it seems that it was delievered late july 2nd for USCIS to refuse accepting yor package. From what you wrote it seems the package has been returned without opening !!!

    sorry again about your news.



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  • what_now
    05-17 12:06 PM
    ///




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  • mirage
    07-05 09:12 AM
    Guys,
    They are going to reject all applications. They want more money. The whole issue with July bulletin was More Money. DOS wanted USCIS to take 1000s of application in july. But USCIS fought back saying no way in july. We'll not take 1 application in july. We want more money...money .... money...



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  • H4_losing_hope
    02-29 02:52 PM
    Thank you to the people who are still sending their letters in today, they all count and we all appreciate your efforts. Let's do this IV, pull as many as you can today!

    GO IV!




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  • rkumar18
    07-05 11:42 AM
    Calling USCIS is not going to help any single beneficiary. I guess this has been already answered by Oh. As long as we do not get away from concentrating too much on "Whats happening with my application?" we are going to sulk.

    I agree..calling USCIS customer service doesn't make any sense.They are all front desk people who have no clue of what's happening inside.



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  • desi3933
    02-02 12:24 PM
    I understand that you guys are frustrated but I did not open this thread to make empty noise. I have written to six different organisations and ACLJ only gave me a reply that they would be unable to process our per courntry quota lawsuit. There are thousands of federal court immigration lawyers in the country who would do this lawsuit albeit with more money than these non profit organisations. If any of you guys want to make a difference in your lives and lives of others pls co-ordinate this event of contacting various immigration lawyers.

    Dear XXX:

    Thank you for contacting the American Center for Law and Justice (AACLJ@). As you may know, the ACLJ is a not-for-profit organization dedicated to the defense of constitutional liberties secured by law.

    Our legal staff has reviewed the information which you provided, and we have determined that the ACLJ is unable to assist you at this time. While we sympathize with your dilemma, unfortunately, this case does not present an issue that the ACLJ can address on your behalf.

    We appreciate your inquiry and hope that you will feel free to contact us in the future should the need arise. As for now, please understand that the ACLJ is not representing you in any legal matter.

    Sincerely,

    AMERICAN CENTER FOR LAW & JUSTICE


    Read between the lines and this actually confirms what I am saying all along.

    Equal Opportunity Law does not apply to Immigrant Visa allocation. And that's why any legal course does not have any solid base.

    Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.

    In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).


    ________________
    Not a legal advice.




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  • mshelat
    05-14 08:36 AM
    I just got off the phone with some lawyers on this. It looks like a strong case so far. They will be discussing it with their director and possibly getting some other law firms or organizations involved. That is all I can say for now. I will update you when I know more.


    Good work Totoro. Keep it up. My interview got to a large number of newspapers.



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  • waitingGC
    02-13 09:32 AM
    Do go here and post some hard hitting arguements to shut up Kim Berry
    http://news.newamericamedia.org/news/view_article.html?article_id=17cb1f0c5e2ee248a71bd 31df832fcaa
    write to rccruz@newamericamedia.org as well




    Pappu, I sent the article to my cousin in China, asking him to publish his story. Please read his reply. He graduated from University of Chicago and went back to China two years after working in US.

    "This is another sad story about skilled immigrant.

    I want to talk about this issue from my perspective.

    I got my M.B.A in a prestigious US university and worked as a Financial Analyst in US for two years. I was thinking of applying for GC at that time because I had planned to stay in US. But, that winter, when I took a vacation in China, I decided to look for a job in China because I was very impressed by the economic development in China and wanted to capitalize on the opportunity. The Chinese market was/is in urgent demand for US-trained financial analyst. After some interviews, I got a very generous offer from a multinational company and quitted my job in US without any hesitation.

    Now five years has passed. Because of my excellent performance, I get two promotions in the past five years and am a director in my company. My boss, who is an american, lost his job and has to go back to US because my company cannot see any fiancial advantage to hire him anymore. I have never been happier. I believe that I made a very good choice five years ago. Most of my chinese classmates during MBA study are still struggling for their GCs and get stuck in their career development because of GCs. They are quite regret that they did not come back to China back 5 years.

    So what I want say is that, US is not a very good place to stay anymore. There are many golden opportunities in your own country! Many countries are becoming stronger and stronger. It's not 10 or 20 years ago. 10 or 20 years ago, US is the best place in the world to stay. But now, it's different. My friends in US make about $150k a year and cannot afford a luxury lifestyle. I make $100k a year and enjoy a very comfortable life in China. I built my own house in China, which is even better than my house in New Jersey before. I hired my own chauffeur, housekeeper, two nannies for my baby... I cannot afford these thing if I were still in US. How many americans can afford the same lifestyle as mine? I don't think there are many.

    My point is, be open to opportunities in your own countries or other countries in the world other than US. You will be happy to leave US several years later when you look back. Besides, if more and more US-trained scientists and professionals come back to their own countries and help their countries to develop, maybe in another 10 or 20 years, no one would want GC anymore."




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  • sanju
    04-10 04:07 PM
    Look if its comcast or walmart, who cares. The point is, you want IV to do something for our issues. But doing something costs money. You have a problem in giving money. But you continue to ask them to do something. And then blame them for not doing that something for you. Don't you think that's insane behavior?



    .



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  • paskal
    09-22 11:45 AM
    ... and it also means those who do not want to attent are free not to attend.

    c'mon gc_lover let's not get into a self defeating spiral. i believe you are a rational person with good motivation to help reach the goals that iv has set.
    let's find ways forward. how can i help you get more involved with local stuff?




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  • angelfire76
    02-24 05:41 PM
    I am finding it difficult understanding what author meant here...

    Can some one please help me understanding the text below from (paragraph 8)
    http://www.ilw.com/articles/2009,0225-endelman.shtm


    USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin. Rather, both State and CIS could post estimated "qualifying dates" on their websites so that, precisely as now happens in a consular case, USCIS would now allow pre-filing of adjustment applications so that applicants could begin to assemble the necessary documentation and send in their I-485 packages so that USCIS could conduct necessary checks and get the case ready for formal submission when the priority date is reached. Only at that point would CIS formally request an immigrant visa number from the State Department. Not until then would the adjustment of status be considered "filed". The beauty of this is that Congress need not lift a finger; all that need be done is for USCIS to modify the definition of filing contained in 8 CFR Sections 103.2 (a)(7) and 245.2(a)(2). If Congress wanted to ratify what the USCIS had done, it could certainly do so after the fact. Everything that we now consider to be the adjustment of status process could take place before the I-485 is "filed". Nothing could be simpler. The reason to seek Congressional modification of INA 245(a) is not because it is only way forward but because, by enshrining such a procedural benefit in the INA itself, it will be a much more secure right, one not subject to administrative whim or unilateral repeal. This process would not only afford the Visa Office a more accurate picture of adjustment demand but it holds out the potential of drastically slashing processing times. Far from granting adjustment applicants any special or unfair advantage, the use of qualifying dates as a way to define immediate visa availability would serve to harmonize the green card process in and out of the United States. Clearly, close and constant coordination between the Visa Office and USCIS would be required and integration of this procedural innovation with the Child Status Protection Act is transparently necessary. Given the obvious and not insignificant benefits, any transitional angst is surely worth the effort.



    Does it mean pre filing can be done through executive power?

    Thank you.

    The suggestion here is that it is pre-filing without pre-filing (if that makes any sense) i.e. it will enable USCIS to "look ahead" into a candidate's eligibility for 485 approval without providing any of the benefits (EAD,AP) that comes with filing a 485. It is supposed to help USCIS drastically cut 485 processing times with minimal upheaval, not give us any benefits.



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  • natrajs
    07-14 02:48 PM
    Dont be surprised at the next VB or theone for October where EB2 india moves back to Apr 2004 ....DOS can always surprise you, as we have learned repeatedly, all calculations/bets are off when it comes to DOS.

    That's Why I don't trust USCIS/DOS. We better work on legislative changes, that's the hope to fix this mess




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  • alterego
    12-01 10:17 PM
    The intent of this thread is good. There are however practical considerations.

    Many of us are from India. In the era pre opening up its economy, we had many well educated folks unable to get jobs there. The socialist strangle was such that highly educated people had no suitable jobs and private enterprise was actively discouraged. Many sought economic and professional refuge in more capitalist economies and to some extent we are still seeing the spillover from the policies of that era, with an excess supply of human skilled capital there and opportunities still not able to spread to the whole economy/population.
    The reason I am saying all this is, investing in skills like masters etc is generally a good thing, but not always. In fact there are many studies to prove this point, some demonstrate that too much education is a negative predictor of economic success.

    In our situation, capital is important, whereever we end up. Since in a capitalist model money works for you, and obviously if you have enough of it then you can spend your time doing other things, charity work or whatever warms your heart. Doing an MBA or any other higher education is very expensive in america. It is an investment. If you end up here, it will perhaps turn out to be a good investment, otherwise it will be of limited use to us especially in India, especially if a global recession hits.
    Pessimistic you say, lets reserve judgement on that and consider all of the geo political issues going on right now.
    If that is so the capital preserved by not doing an MBA in a top ten school which I estimate to be about 60-70K if I am not mistaken might be put to another use.

    What do you guys think about this line of argument.



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  • santb1975
    06-26 05:31 PM
    Please co-ordinate with Nixstor on this

    I am willing to do it. I did call up the local senators and congresspeople about supporting the bills. I have asked the GM of my company to give me some political contacts (am still waiting on him) since he had recently gone to DC to do some lobbying for small businesses. Let me check in the DC/MD forum and figure out who we should target/meet.




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  • here4gc
    02-26 02:33 PM
    Sent 2 letters for self and wife..have asked a couple more friends...sent email to local senator , will follow up with a letter also..

    Will send IV copy asap..




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  • rahulpaper
    11-15 07:09 AM
    I try to remind citizens (people i know) that they are offspring of immigrants...the point I struggle with is "how to convince them that they should actively support CURRENT LEGAL IMMIGRATION". Most of them feel that there is a system (which we know is broken) in place.

    Maybe the discussion point should be LEGAL IMMIGRATION is normal phenomenon. The system is broken at multiple points (slow processes/supply-demand of visa numbers/wasted visa numbers/country limits etc). We are trying to FIX broken system and need voter group's support in that.

    My request to you all is...bring awareness about inefficient broken system to everyone you meet...and we may have a chance of positive discussion.

    I did sometime back.

    Given thanksgiving is barely a week away, we can be certain of the usual platitudes directed at immigrants - this is a good time to remind the average American how far they have strayed from their roots and forgotten the true sentiment behind the tradition. Immigrants have always been hated and reviled by those that got here earlier - but the current anti-immigrant sentiment is vastly different in scale and sophistry due to the times we live in. If every IV member signs up 10 citizens to the immigrant cause, we should easily be 100,000 strong in a couple of weeks. It could be anyone from your advisor at school who mentored you to your buddies at work - even the stinkin relatives should be harassed. Though CIS and Numbersusa pretend that they are a product of the current anti-illegal sentiment, they started out much before the so-called 'wave' started. And they have adapted and honed their strategies very well to crush whatever relief Congress contemplates/passes. Consider the way CIS was initially dedicated to 'researching' immigrant issues that they would complain about the media's positive stories about immigrant contributions as merely anecdotal evidence not worthy of rebuttal. Now they are suddenly fond of anecdotal evidence themselves since experts began demolishing their claims of job-stealing and other baseless charges convincingly(esp CFR's Sebastian Mallaby) using empirical evidence-they shamelessly stoop to use someone's sob story to make their case. So, as repugnant as their motives are, they are too transparent for their own good- and they can't cover their tracks -which is good for us since we are appealing to the fair minded. Remember - every one in the US is an immigrant or an offspring of one. They have always been hated and reviled -so if someone who benefited from the immigrant tradition of this nation wants to turn around and deny it to those following him/her even though their ancestors did the same thing at a great emotional/economic cost to the then existing natives- they have a higher bar in explaining why the current bunch shouldn't continue to benefit from the great tradition-merely being bigoted but sophisticated enough to hide it isn't enough. so don't lose heart but dont sit on your ass either.




    needhelp!
    02-21 04:07 PM
    ~Thank You~
    I mailed 21 letters ;)




    Macaca
    09-13 09:17 AM
    People are always blaming
    their circumstances for what they are.
    I don't believe in circumstances.
    The people who get on in this world are
    the people who get up and
    look for the circumstances they want, and
    if they can't find them,
    make them
    George Bernard Shaw



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