Friday, June 10, 2011

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  • zoooom
    03-13 04:53 PM
    Well...I am one of us stuck in EB3. I do qualify for EB2 but my employer choose to file it under EB3. I recently invoked AC21 and moved over to a new employer on my EAD. Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?




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  • gg_ny
    07-07 01:35 PM
    Just curious, and thinking loud: if there is a limited and reduced number of H1B workers come in, in the long run the number of applicants for permanent residency will be shrinking too (at least EB category). To reduce EB GC applications, and preserve the americanness of the employee-pool, this seems to be a nice and covert trick, at least to me. Let few people come for 6 years, and so fewer may remain as GC holders. Maybe I am missing something here.




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  • newuser
    07-11 11:23 PM
    You do not have to pay fees, if you had filed your I-485 with the new fees. If you 485 was filed based on July 07 VB or earlier, then you still have to pay fees. The July fiasco as we all know, there are a extension till Aug 17 to file I-485 with the old fees, these applicants still have to pay fees for AP renewal even if filed between Aug 1 through 17

    If you have filed your 485 based on the July '07 fiasco, then you still need to pay $305.




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  • sri1309
    02-09 10:13 PM
    To pbojja, your post shows how you may have completely misconstrued my post. I haven't written the post out of frustration of not being EB-1/2 at all. And am I dreaming when I hear you say that good English speaking skills aren't important in the U.S? Maybe I am in another world. I said clearly that the 'fraud' desi firms and their employees have tarnished India's image. They should be removed from the system and we should be in line with 'genuine' cases. What's wrong with that? Where's the unfairness here?

    To snathan, I understand your post but I believe the tone should be more friendly and amiable. And I certainly didn't give you any red dots so peace on that front. I don't believe in petty playground politics. Actually I appreciate you reminding people about contributions since they are needed a lot for our efforts.

    Also, I can see my profile turned red since people haven't understood the essence of my posts. Very sad situation indeed.

    StuckinMuck,

    Dont get into other things when high priority issues are to be focussed. Focus on removing country quotas, release the numbers lost, get GCs for 5-10 year waiting folks, get citizenships for anyonne more than 10 years legally in US, project yourself with good things. There can be 100s of bugs in the system, but this is not the time to cleanup.
    Focus of projecting good things about us, which are PLENTY.



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  • Appu
    03-17 07:45 PM
    Piyushpan, I see this provision as:

    I think the intent of the provision is that this category of people not be subject to labor certification, but there is no language in the bill that says that.


    Here's the summary from Sen Frist's website:


    Section 405. Student Visas.
    Section 405 extends foreign students� post-curricular Optional Practical Training (and F-1 status)
    to 24 months. It also creates a new �F-4� student visa for students pursuing an advanced degree
    candidates studying in the fields of math, engineering, technology or the physical sciences. The
    new visa would allow eligible students to either to return to their country of origin or remain in
    the United States for up to one year and seek employment in their relevant field of study. Once
    such a student received such an offer of employment, the individual would be allowed to adjust
    status to that of a legal permanent resident once the alien paid a $1,000 fee and completed
    necessary security clearances. Eighty percent of this fee would be deposited into a fund for job
    training and scholarships for American workers, while twenty percent of the fee would go
    toward fraud prevention.

    So if you would have qualified for the F-4 visa if this bill had been in effect at the time of your graduation and you have secured employment in the US, you can adjust your status.

    Plus, Section 406 says: if you have been employed for 3 years, then a visa number will be immediately available to you. Otherwise, Section 405 still says you have to wait till a visa number is available.




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  • sundevil
    06-20 10:40 AM
    That is true!
    As for fee increases big companies do not really get hurt, if they need someone and it costs 5K, in their grand scheme of things its not a big number.
    Also I am not sure why people assume Big tech Companies want only H1Bs, thats not true, I have had interactions with various levels where they hate having to go through all these attorneys every H1B renewal and ambiguity about their employees traveling. Ideally they would like to get their employees a GC right after they go through PERM. My group had to withdraw 2 offers for Master's students because they won't be able to get H1b till Oct'2008, and we were not looking for just H1B/F-1 employees, but any fresh Grads.

    As for GC numbers, H1B cap of 65K was somewhat of a sweet spot for 140K available. Considering not 100% of H1B's apply, but there are other non H1B EB GC applications. So if we club all these and still keep the number to approx 65K and add dependent factor, this 65K*2.X translates close to 140K. Now increase these to 115K and keep the numbers at 140K and no spill overs from ROW for the Point System. Viola!! We have log jam worse than LA freeways, only now some of the cars will never get to their destination.

    With lot of consulting people applying for EAD's and getting GCs, they will not be willing to part their hard earned $s. Not implementing H1 restrictions will give a chance to get fresh meat for these blood sucking so called consulting companies, only this time it could be bonded slaves with GCs not in sight.

    Ideally we would like to have all these consultant needing companies start hiring permanent employees and put most of the ill intentioned body shoppers out of business. But with this bill these BS(Body shop) Co will find some loop hole(and trust me, Find it they will) and get lifetime slaves through H1B and suck half their earnings rest of the poor souls life. We are scared of the wrong thing, H1B restrictions, instead of worrying about how trapped and helpless thousands of people will be in clutches of these companies. I would rather these people enjoy the freedom and prosperity of India and China, than living uncertain life here and feeding the Leaches of the system.

    And everyone is wondering why they are not fighting these H1 restrictions. They wont, this bill is great for them. Its not their 5K for H1, and it comes with hand-cuffs and shackles.

    There, I poured my passions out about this issue. Phew :rolleyes:



    You will be surprised that even with the restrictions H1b cap will be reached but not in one day or one month but within an year as demand will be there. These restrictions will impact only Indian bodyshoppers who are running just by H1b. Though H1b will be costly if CIR in the same form is passed but Most of good companies will overcome. So if you want to relative number of gc then you need to increase Gc by atleast 50 to 100% from current level.



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  • meridiani.planum
    06-27 02:35 AM
    Few min back I just got the "Card production ordered" email - Took a total of 28 days

    NSC or TSC?




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  • I_need_GC
    07-07 12:57 PM
    The attorney i had was Jeffries expensive but good.


    I have a BS in biology and computers (was on F1 visa)
    Then I did research on cancer cells at the university while trying to get into Graduate school. Got my MS in information Science and also an MBA.

    For MBA I did my research on Economic growth and Military spending.
    After MS i got job h1b for a research facility was doing mba at the same time. Switched employer to work for a multi national corporation. Quite my job for multi national because they would not apply green card started work for a consulting body shop they apply for my green card.

    Now Soon I will give my resignation.



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  • nonimmi
    03-13 06:11 PM
    http://www.murthy.com/news/n_analys.html

    Transfer of the Earlier Priority Date : EB3 to New EB2
    �MurthyDotCom
    The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.)

    This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.




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  • kevinkris
    02-12 06:48 PM
    Hi All,

    To organize the campaign i posted it to thepoint.com campaign.
    Our deadline is 25,000 by March 1st.

    http://www.thepoint.com/campaigns/iv-letter-to-president

    Send this link to everyone and ask them to vote for the campaign.

    Thanks,
    Kris



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  • acecupid
    06-13 07:57 PM
    Every airlines has its onw set of issues - u will get the pinch only when shit hits the fan. My bags were stranded in Dubai and when I reached Chennai I had nothing with me except a small bag with no clothes.

    The agents told me - if you have Indian passport then Emirates will give you $$ compensation per day but if you have American passport Emirates will give $$$ per day. They reimbursed me for 2 sets of clothes and shoes and $50 per day for three days because my bags arrived one by one on the third and fourth day after calling them everyday and pressurising them. If we did not call them - the bags would come slower than that. In Dubai the bags were in hot sun and I had choclates inside and somehow the cover broke and choclates melted and seeped through and a I think you all can imagine how it is.

    What I am saying is - things are good everywhere unless we get into issues. Things were good until Retrogression hit us here. Now we complain about difference in treatment - but earlier wenever complained.

    What I am saying is - when dealing with things outside of your home country - you cannot expect or assume fairness to you.

    I dont understand your logic :confused: Every airline can have its own set of rules that doesnt mean they have the right to discriminate. You quoted your bad experience with Emirates while someone else had a good experience. So now we know that emirates also has some discriminatory rules.

    When there are issues you have to complain and make yourself heard. Why would we complain about anything when Retrogression did not exist in the GC process ?

    I agree that you cannot assume fairness outside your home country(WTH you cannot assume fairness even in your home country), but I disagree that you cannot expect fairness. If you have accepted racism just because you are a minority in another country then I guess you are ok with the way emirates treated you. You have nothing to complain.




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  • rennieallen
    09-29 06:36 PM
    then why are visas about to be wasted yet again this year?
    after...they said all numbers were exhausted on July 2?


    Because of NC what else?


    i think it's not quite that simple.
    there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.


    Sigh... it's never simple...

    That said, NC can account for nearly all of the wastage. Think about it, let's say the processing time is 120 days (well within target, and not at all bad for a government agency).

    OK; recall that you can't apply until your PD is current (read this sentence again, this is a critical element of the problem).

    Application #1 (made in first half of year, visa tentatively assigned from current allotment year) -> PD current, goes into NC.

    Application #2 (can't be made in first half of year, because PD is not current, visa is not "tentatively" assigned from current allotment year, since it isn't expected to complete within the allotment year) -> PD becomes current in July, NC happens quickly.

    Application #2 takes 120 days to process (better than target), but that means that (as expected) it isn't ready to be assigned a visa until after the next allotment year (so far so good, USCIS has accounted for this, and doesn't expect it to consume a visa from the current allotment year).

    So application #1 couldn't consume a visa because of NC, and application #2 fell into the normal processing time, but this pushed it into the next allotment year (again, this is expected).

    Early in the next allotment year Application #2 is approved, and consumes one visa from the next allotment year.

    Application #1 is where the actual wastage occurs, since it is expected that an application filed in the first half of the current allotment year will consume it's visa within the year (and given USCIS processing time it would have, but it was stuck in NC).

    So at any time, the USCIS is processing applications within their target processing times, but because of the fact that you can't file until your PD is current, the applications that would have been able to have consumed the visas that were not consumed due to NC delays, couldn't because their "normal" processing time put them into the next allotment period.

    So why not let people apply before their PD is current then?

    The reason USCIS doesn't let you apply before the PD is current is because there aren't enough visas and they would currently have ~3M applications in process, many of which would be abandoned prior to approval (due to the long delays, caused by lack of visas).

    So, because of the insufficient numbers of visas, USCIS has determined that it is more efficient to restrict application until the PD is current; thus insuring that most of the applications that are going to be abandoned, are abandoned before they are filed (therefore reducing load on the USCIS). This seems like quite a logical decision given the constraints.

    I am willing to bet, that the net result is that the USCIS can actually approve more 485's in an allotment year by wasting some of them at the end of the year (which occurs primarily as a result of the fact that USCIS can neither predict, nor influence NC duration), rather than dealing with the huge inefficiencies of having millions of applications on file (which would, however, insure that there were sufficient processed applications to consume all visas).

    If either NC were predictable (and quick) or there were sufficient visas in each allotment period to meet demand, then there would be no wastage. You can beat on USCIS all you want, but they simply cannot control either of these factors...

    Like I said... it is never simple...

    Now, this thought is hardly original (I think that everyone who has looked at this problem comes to the same conclusion), but I think the most practical solution that we (as customers of the system) can suggest, that will provide partial relief (and has some chance of happening in our lifetimes); is to get congress to pass an amendment for automatic reclamation of visas from prior allotment periods. This would mitigate the problem of visa wastage, as this will allow a substantial portion of what would have been wasted visas, to be consumed by the applications who's PD became current in the second half of the allotment year, but could not be processed (due to normal processing time) prior to the end of the allotment year. Perhaps this reclamation could be restricted to applications filed in the allotment period from which the visas are being reclaimed (if this somehow made it more palatable to congress).

    Of course, this does nothing to solve the problem for those individuals stuck in NC who are effectively "donating" their visa to individuals who aren't stuck in NC. Perhaps they will feel better (I seriously doubt it though) knowing that the visa that they didn't get this year, was not wasted...


    my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!


    In Canada this would be expected to take 8 months to process. Like I said, the USCIS is quick relative to other bureaucracies...


    uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.

    just my 2c.


    I am certainly not asking you to defend them.

    This isn't about defending or attacking USCIS, it is about determining the root cause of the problem, and doing that requires an emotionless analysis of the facts.

    I have had IO's who were complete dorks (refused to admit me with a perfectly valid visa), but really, what impact does one dork IO have on the big picture? Absolutely nothing I suspect (and to be fair, the vast majority of IO's that I have dealt with have been very decent human beings).



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  • thescadaman
    05-17 03:06 PM
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  • LostInGCProcess
    06-12 02:01 PM
    I have already send an email...I'll post the reply (If I get one).
    Folks, I got the response from AF.
    This is what I sent them:
    Your message............................ : I would never ever fly Air France, because I am a resident of India and your Airline treat Indians very badly, discriminating because of the country of citizenship and color. Shame on you for making 55 Indians wait in the airport for more then 12 hrs while the rest of passengers (non-indians) were arranged to go and stay in a hotel. Shame on you for ill treating the passengers in your Country (Paris, France). 1 less customer for you Air France!!! My suggestion: Change your attitude. Don't give substandard treatment to non-white passengers.

    This is AF response:
    Claim No.38-----

    Dear Mr -------,

    Thank you for your message. On behalf of Air France, I apologize for any difficulties caused by this unfortunate incident.

    Flight AF 218 from Paris to Bombay, operated by an Airbus A330 with 169 passengers and 12 crew members on board, left Paris-Charles de Gaulle airport at 12:45 on 10th May and returned at 20:06 on the 10th of May, as while en-route the pilots noticed some vibrations from the Cargo hold, which could not be checked during the flight.

    At Paris-Charles de Gaulle, under the supervision of competent authorities, checks were carried out on the technical state of the aircraft but no abnormalities were found.

    Passengers with a valid transit visa were put up at nearby hotels for the night. Also despite the fact that transit visa�s are issued by the immigration authorities, Air France staff mediated the issuance of visa�s which turned out to be a time consuming process. Needless to say passengers were taken care of by the Air France ground staff who spoke fluent English and passengers were also provided with food and water.

    All the passengers were transferred to another Air France aircraft the next day, flight AF 218A which left Paris-Charles de Gaulle at 14:15 and reached Mumbai safely. Air France regrets any and all inconvenience caused to the passengers due to this incident. At all times, the main concern of Air France is to ensure the security of passenger.

    I do hope that the above explanation will help soften the negative impact of this situation and hope to have the privilege of welcoming you aboard Air France in the future, to your entire satisfaction.

    Best Regards,

    Mariette Pierre
    Customer Relations Representative

    AIR FRANCE is firmly committed to respecting your privacy. We don't share your information with any third party without your consent. For more information please read the AIR FRANCE Security policy and data confidentiality.
    Soci�t� Air France, a limited company with a capital of EUR 1,901,231,625 - Bobigny Trade Register nr. 420 495 178.
    Non binding document.

    Hope they treat everybody equally!!!



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  • wkhalifa
    06-17 09:54 PM
    can any one help me i left my company and i joined another company (h1b transfer rec date was 3/13/07 and still pending is this normal ? if my previous company revoke my visa after the new copmany filed for the transfer will this be a reason for ins to deny my h1b transfer? please help

    willy




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  • vejella
    07-06 01:13 PM
    Berry Appleman really sucks. Dont ever go there.
    I gave all my signed I485/G28/I325/I765/I131/693/Photos forms by June 8th. They filed mine on June 27th. They reviewed it for 17 days.
    They never attend email or calls. Hope mine gets accepted.


    I sent my documents to them on June 10th and due to my persistent push they mailed on June 19th . But general responses are more than decent.



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  • krishmunn
    05-21 09:56 AM
    Sorry I will be out of country on those dates but here is my support for this --

    $100

    Receipt ID: 0024-6091-9262-6521




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  • nagamani
    06-11 06:41 AM
    Dear friends


    Please do not get over excited. This may get retrogressed. These are temporary.

    All we need is Bill passed.

    Focus on that.




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  • glus
    07-05 07:31 AM
    I Feel that what USCIS will do next is not return any application back to sender but DUMP them in some backlog storage room like BEC center and people hAVE TO WAIT FOR NEXT YEAR VB in OCTOBER IN ORDER TO GET RECEIPT NUMBER BASED ON PD AND THEN THEY WILL GET EAD and AP. The only thing is one might save on INCREASE 485 FEES:eek:

    I don't think uscis can do that. They can either accept applications or reject them. If they hold the applications for next 3 months, they would violate their long-term procedures and would fear a lawsuit because of that. They know that they are original documents in those applications that can be used once again...god knows when...




    Vish
    07-03 06:49 PM
    Wow, this all sounds like music to me. I hope I am not dreaming !!




    mrdelhiite
    07-20 02:03 PM
    Hi ,

    I have a my my case in pending state for H1B transfer from company A to company B.

    Pending status h1b with company B.

    From Company A : I got the Labor and I140 Approved.
    I m trying to file my 485 through comapany A- But my employer says that I need to have new H1B with him- Cos his company merged with another another company.

    Can someone try to help me on it:(


    H1 and green card are seprate things. H1 is for current employement and green card is for future. If down teh line you can come back to employer A you should be fine. Although all this can generate a RFE. Please consult a lawyer. I recommend Rajiv.
    Hope it helps.
    -M



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