Wednesday, June 29, 2011

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  • neelanu
    08-27 01:27 PM
    ..f(p)light still seems to be wheeling on the runway as compared to NSC's soaring high approvals. Any thoughts?:confused:




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  • manderson
    11-01 04:01 PM
    what happens if one changes job after 180 days but the I-140 has not been approved?


    cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.




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  • gc28262
    03-06 05:22 PM
    Section 202 of the Immigration and Nationality Act (INA) states that the per-country limit for preference immigrants is set at 7% of the total annual employment-based preference limits. This means a country with large population like India and a tiny country like Lichtenstein get same number of visa numbers. This system is designed to systematically discriminate people from India and China by preventing them from attaining employment visas. More research needs to be done whether this constitutes a violation of US Equal Employment Opportunity Law. We need to find out whether this constitutes discrimination by national origin. Below is is some relevant reading material:

    http://www.eeoc.gov/policy/docs/national-origin.html#IIA

    This link says employer cannot discriminate based on country of origin.
    USCIS/government is free to discriminate against country of origin.




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  • tomytomy111
    02-09 01:58 AM
    I love my country and want to go back, but it is in the hands of rapists and looters and I suspect it will remain that way...either I become a Gandhi and spend my life liberating it, or live year with my eyes & ears closed...

    It is actually funny to watch you guys fight over the US vs India.

    Let me ask you this:

    -If you didn't choose to study medical or IT and never came to US, would you be thinking the same (problems in India and reasons not to settle in India etc) as you are thinking today?
    -If US government didn't have the provision of employment based GC, would you be thinking the same as you are thinking today(problems in India and reasons not to settle in India etc) ?


    The answer of the questions above is either YES or NO. I'm sure that many of us will answer these questions as NO.

    And if the answer is NO and and you are still counting problems in India and trying to justify your stay in US, then I'm afraid my friends you guys are being opportunistic.

    No matter how bad it is, that country made you capable of using this forum. You shouldn't backbite and find problems and issues in that country. You should rather use your energy in solving problems in India. Don't say it is not possible. Nothing is impossible.

    You can send emails/letters/flowers to senators and officials here for GC, but I'm sure that there will only be handful of you; who actually tried to send their feedback complaints to Indian government and its officials.

    I can go on and on, but I leave this thought with you guys and end my post here, as I know that you got the point.



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  • greensignal
    08-13 10:44 AM
    Hi,

    My employer filed my wife's and my EAD paper based application on Jul 25, 2008 (TSC Received Date). But I still haven't received the Receipt notices for the same.

    Generally how long does take to get the receipt notices?

    Please let me know if any has filed around same date and received the receipts?

    Thank you!




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  • gc_on_demand
    05-01 10:41 AM
    This is my first post.

    My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.

    Is he technically correct ?

    Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).

    Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.

    Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.


    Will you join our hands in recapture ? Will you considering contributing to IV. I will be happy if you can activlly participate in our effort.


    This guy is here to divide us on one more point. People who has filled AOS VS Poeple who didnot.

    People whose spouses have EAD and AP will go for it while people whose spouses doesnot have EAD AP will oppose it . This is very well game played by Anti. Be aware..



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  • Naveen
    05-04 07:21 PM
    Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.

    To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.




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  • desixp
    11-18 02:34 PM
    Done



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  • hiUS
    09-11 08:57 PM
    I had info pass appointment today in Newark they asked my
    Info pass appointment letter
    I-485 approval letter
    Passports

    I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.

    I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.

    After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update

    Approved on 8-12-08

    Thanks for the info.

    I think the Stamp is equal to the card. But any way you got to know that the card is ordred for production.

    Is it happened because you went to Infopass and something is updated there or is it a coincidence?

    Did you cal the USCIS regular customer service number to know the status?

    Id there any change in the online message of Approval Notice sent to Card production is ordered?

    Mine is exactly the same as yours. Your inputs will be helpful to me and I too need to go to Newark if needed.




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  • puvathoor
    04-22 02:28 PM
    If I were in a similar situation, I would be leaning towards taking some action so that they know that they cannot step over the rights.. If they employ a person, pay him as per the law. If they decide to file for GC, then the employer needs to pay for it, per the law.

    The problem with walking down the slippery slope of being amicable is that the boldness to stand up for the right thing also starts slipping away.

    I like the idea of writing a letter and reminding them of the law. Even if you might not gain (forget the $4Gs for a sec), you will be making the path better for everyone behind you. And that, my friend, is an excellent thing.



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  • PresidentO
    02-26 01:12 PM
    Thanks Akhil for the write up

    You answered some of the stuff very nice.

    To the guy who is MAD,

    Be MAD that you and your friends chose to ignore IV during the biggest screw up of USCIS.

    It sounded very condescending that they are ready to give 1000USD now, when they are probably feeling the pinch, and ignored any efforts before/during/after the fiasco.

    I did not say this the first time but now I can say this. People who say I will give 1000$ to IV, 10000$ to IV or the big amounts think that they are playing carrots and sticks. So you want the core members to come out and lay out the strategy on which member of congress is sympathetic to the situation and might do some thing. Yeah! right. Let the tunnel rat guy go and tell every guild, numbers usa idiot that what IV is up to.

    Money is one of the pieces of this effort. Grass roots efforts are another piece. As Akhil said, people who work at the grass roots efforts dont have the shareholder or value for my buck mentality. Also, my friend, in the current volatile environment, problems do not blaring horns out for you and me. I am still amazed how two reporters sensationally linked H1B and Banking industry to get a bill on the floor. It is those two reporters who called Grassley and ignited his draconian mind.

    Watch out what kind of reports are going to run in Mar and Moira Herbst already reported a bill in works by Durbin and Grassley. D & G will attempt to remove the 6th year extensions no matter what, revoke some of the AC21 provisions and god knows what they are penning down now. Then all of us, those who are sleeping, those who are pretending to sleep can wake up for real.

    It is a shame that our community will flock to Bollywood/Kollywood/Tollywood events and shell out 20-50 $ per seat but considers contributing to IV as some thing that needs to be seen through the magnifying lens 100 times.




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  • SunnySurya
    08-18 01:22 PM
    Security background should not be an issue more... It is pathetic that folks with PD 2002 are still waiting... You guys are silently sufferiing , it is time that you remain silent no more.
    I agree....mine is too 2002 PD/EB2

    Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....

    No use....USCIS is a big elephant and acting in sleep....



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  • gc_aspirant_prasad
    07-07 10:55 PM
    Give me credit for inspiring you all with my signature.;)

    Let "Gandhigiri" win.
    You rock !:)




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  • cnachu2
    03-04 10:10 AM
    I sent check for $45 on last friday.

    Thank you for everything.
    Chandra.



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  • nomorelogins
    04-30 01:49 PM
    I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual.

    quick question is it 2003 or 2004? since perm started in 2005?




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  • PDOCT05
    08-28 10:49 AM
    I sent my 485 to NSC on JUL 3rd, my 140 approved NSC, no receipts from
    TSC yet. Does any body got receipts who applied on JUL 3rd...?
    If your 140 Approved from NSC then you should get receipts from NSC. Not from TSC.



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  • shantanup
    03-29 07:03 AM
    To allot a GC or Immigration is a leanthy process includes several steps so it takes time to pass through all these steps. After validating and checking all the documents the GC is alloted
    so the process takes time.

    So naive!




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  • gckabayega
    08-31 10:01 PM
    Sent I-140 and I-485 applications on July 12 and received on July 13.
    Received receipt notices on Aug 31 from NSC for my I-485, EAD and AP
    For spouse- I-485 and AP.




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  • h1techSlave
    06-29 10:43 AM
    The answer to your question is: Nothing. They may be waiting, because of many reasons like, they are scared, do not care, there are other opportunities, tired of this immigration crap, lack of enough knowledge regarding their rights.

    Now, I do not think the onus correcting such mistakes is 100% on the EAD folks' shoulders. I remember reading how slavery ended in this country. Slavery died, not because the black people fought for the abolition of slavery; slavery ended when the white man realized that slavery is wrong.

    Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.

    My question is -
    what are these "1000s of folks" doing? Are they waiting for someone else to work for their cause?

    If they believe they were wronged, they need to take action. Without any action, nothing is going to happen.

    And, yes, these is discrimination on the both side of the lines. Have you looked at the hiring practices of leading desi outsourcing/consulting companies in the US?


    __________________
    Not a legal advice.




    msandhu
    05-28 10:29 AM
    Once you abandon H1B and get canadian PR, you will need visitor visa to come back to US. My friend did that he comes quite often to visit us.
    MSandhu




    skalra
    02-05 05:58 PM
    Does anybody know how long one can stay out of Canada after landing? I heard some where its 2 years and some say its 3 years from the date you land.


    And that time does not have to be continous. You can do cycle of 6 months in Canada 1 year outside outside and it will still count to 2 years by end of 5 years, or you can do just last 2 years of those 5 years.



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