Sunday 26 June 2011

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  • vin13
    11-02 01:17 PM
    People do not like gloomy predictions. :)

    Here is a positive prediction for a change. EB3 I may move a bit.;)

    Pappu,
    Did you or any one in IV get any chance to discuss with USCIS regarding quarterly spillover?





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  • Leo07
    06-24 12:42 PM
    I think finding 'floor time' will be a major issue...compared to votes. GOP would have recognized by now what caused them to fail last time...





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  • sanan
    07-07 06:11 PM
    Was it aired today?





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  • stirfries
    08-19 07:09 PM
    Hello Friends,

    As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]

    At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.

    I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.

    I really want to do that. I am not sure where to start.

    1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.

    2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.

    3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.

    Gurus...any help or advise or information is really appreciated.

    Thanks,



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  • Spring Break 2011 is here and



  • tonyHK12
    01-25 03:16 PM
    the keyword is "Un-Inhabited"..

    Can we call it Jersey Chor? :D

    Disclaimer: not referring to Jersey crowd





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  • a1b2c3
    10-12 11:11 AM
    I do see your point about the unfairness of allowing the old PD. In that case, what do you say about the cross-chargeability provision ? I guess the percentage of people availing of that provision is small, but it does happen.

    For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.

    Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process :) Couldn't help myself with that pun there :)

    Yes, your point is entirely valid. I didn't know about this cross-country provision. Another unfair provision.
    In fact, my point was that unfairness should be dealt with on all possible fronts. If the system works properly, nobody will need to do anything that is even remotely unfair.

    I have a strong gut feeling that 2009 would be a good year for EB3. They will start approving more cases I think.



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  • eilsoe
    02-10 09:26 AM
    how on earth could he have gained 12 votes so fast???

    grr!!!!


    :(


    oh well, it's just a battle :beam:





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  • gc_on_demand
    06-12 02:49 PM
    Guys

    Please call members of congress , local lawmakers and CHC members. These bills should pass before summer or no hope till next year..

    Come on we can do it..



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  • Spring Break Daytona Beach



  • KanME
    07-19 04:24 PM
    I have been in this country for almost 10 years and I have never felt more stressed about these status issues than I did today. I even stopped working from this afternoon reading forums for similar cases, finding info here and there etc. :(

    This is confusing..I have a similar situation(not paid for 2 weeks)..

    When i talked to my lawyer she said that employement verification is done in I-140 and since that is approved I dont need to worry abt it for 485??

    What does your lawyer say?





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  • darslee
    07-06 02:17 PM
    Thanks IV & thanks Dr. read about his story yesterday -- hope something good comes out.
    I second that!



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  • Here is my ride at the Spring



  • pappu
    11-16 06:09 PM
    Non-immigrants are routinely charged a hefty premium on mortgages and loans just based on the fact that their stay in the US is limited in time - irrespective of what your credit score and other usual risk assessment metrics have to say.
    could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.

    infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.

    - mortgage rates are one.





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  • saketkapur
    11-21 04:25 PM
    I-485s Not Tracked by Priority Date

    A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.



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  • MeraNaamJoker
    08-12 10:49 AM
    Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?

    You can revnew your GC after an intial period of 10 years. You are at your free will and wish to remain on your GC. You will be eligible for Naturalization after 5 years. That does not mean that you have to use that oppurtunity.

    Now to the original question of this thread.

    It is highly recommended that one must stay with the original sponsoring company for atleast 6 months after the GC is approved. If you leave the company in good terms with them or rather if they do not create any fuss, then you are safe.

    Say in my case, my original employer laid me off and I ported my process with AC21 to another company, where I am working for 3 yrs and just got my GC approved. I am not obligated to stay with this company as they are not my original sponsor. And again they cannot revoke my GC.

    Having said that, the employers can create problems for you, if they decide to hunt you down. But that will not do them any good other than the 'revenge' they may enjoy on you.

    My collegue was planning to leave his company after GC approval and his employer cancelled the GC process by withdrawing the application. The USCIS has informed him about this officially to him. He was panicked and was about to start another application and one fine morning, his GC approval came to him through snail mail.

    What I am trying to say is there are laws, rules, processes and methods. Not everything will be applicable everytime or does not happen all the time. It truly depends on your luck too.

    GOOD LUCK!!!





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  • eb3retro
    04-12 11:48 AM
    Werc:

    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.


    very nice analysis.



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  • seetheavatar
    12-21 12:23 PM
    Yes all the above/below said happened to a foreign citizen(you) not to their own citizens when they apply for passport renewal.

    But indian consulates show their skills to their own people.No other consulate/government offices in the world treats their own citizen in similar manner.


    The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.

    I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.

    Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.

    Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.

    I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.

    So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.

    Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.





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  • Pineapple
    05-10 09:26 PM
    There is something seriously wrong here.....one gets red dots for even simply truthfully recording answers to some questions asked by administrator......or are the red dots simply to protest/ express displeasure with the fact that my GC process was not as difficult as some other people.......its like "misery likes company" - i am miserable bcos i dont have a GC and hence am pissed off at this guy who despite not being crazy about GC got his in 7 months.........so i will give him red dots..............

    Guys - get over it.........look at the general tone of posts from all on this particular thread - GC did not make any "big" change to most folks.......

    For the more rational beings - i genuinely hope that you get your gcs within reasonable wait times and the waiting time does not take away from the personal and professional successes you deserve!

    I gave you a green, if that helps.. perhaps someone did not notice the EB category in your signature. In any case, I agree it was unfair.
    I hope you will stay engaged with the IV community, and help the rest of us in achieving our goals. We need everyone, not just those waiting for a GC, in this effort.



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  • sheela
    02-21 11:26 AM
    Thanks Sheela. Was that visit to home, a part of your employer audit as well as it was mentioned by bujjigadu123 or something else?
    Not sure whether you got a chance to ask the officer about the reason for this visit? Was it a part of random check or any investigation on fund transfers or any other program etc?

    Now, I think it is a random check and nothing like 'employer audit'. I never asked him -at that time I thought it was a part of background check.

    I believe they are always doing these checks probability could be 1/100,000 although i have no idea at the frequency.





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  • ychuck
    07-02 04:52 PM
    Medical Exam: ~800 (me + wife)
    Photos: 60
    birth/marriage certs: 200
    paid working hours off: 400

    Pain before and after: lot!.





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  • OLDMONK
    06-27 03:21 PM
    using a flash is ok, just be careful if you wear glasses (you might need some retakes before you get it right). and turn on red eye removal. 3.2 mp for the size (2x2) of picture is good enough.. Even 1 mp is good enough if you are zooming in to take pictures. but if you are cropping a 1 mp picture to take out surroundings, its better to use 2mp plus camera.

    When using a flash you get harsher shadows, to counter that have light source both from left right and top and do the picture in daytime with atleast some natural light. Remember stand atleast 2 feet away from the white background.

    Flash results specially in home environment without proper lighting won't be good at nighttime unless you use multiple synchronised flash guns.

    I guess the other persons remark regarding flash may be related to lighting / over exposures/ shadows. (make sure you wipe your face if you have oily skin - no kidding )

    In the end if you really want to make your pictures look good and per specifications go to a portrait studio.





    lotsofspace
    01-04 09:45 AM
    I wish....;)

    Don't wish it loud......it might just come true :)





    nefrateedi
    07-19 12:05 PM
    Thanks for the responses. How about this question ?
    Is it out of status if one gets paid from 2 companies with
    2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .

    If you're getting paid while you're on bench with Company A, and Company B has transfered your H1, and is paying you as well, that's not a problem. The problem arises if you're on bench and are not getting paid. On H1, one has to be paid even if he/she is on bench.

    Hope this helps answer your question.



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