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  • dallasdude
    05-14 11:35 AM
    bringing bk the discussion to more serious point. We can all agree that on the surface immigration system here is seems unfair towards Indian, Chinese and Mexicans. Whats the reason behind it? why only three countries which suffers from long waits. Its demand and supply. If there were no country caps, all the visa's will be absorbed by these three countries. Even though it has cost me time and money, i think its the right policy. for a moment imagine there was no country limit, can you imagine for few years to come immigration will be from only these three countries. i think its only fair to limit how many people can come from one specific country.
    and one more point, we are never going to get treated with respect and equality, just get used to it. every American knows we left our country to come to his. he is always gonna look down upon us. Immigrants are never treated with love, respect and dignity, no matter which country they go to. Case in point, Bangladeshi and Nepali migrant workers in India. We treat them like dirt back home, so discrimination against immigrants is part of immigration process. hopefully our ABCD offspring's will face less of it :)

    Big Ups for voicing your opinion. nitinboston for president!!





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  • greenlight
    02-18 02:07 PM
    Suppose you work for Company A on H-1B. You get out of the U.S. and come back with AP. You become parolee at that time. File an H-1B extension with Employer A, get new I-94 that indicates your status is now H-1B.

    6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.


    I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.

    This is her opinion in quotes:
    "I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."

    I hope this helps.





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  • ab_tak_chappan
    08-13 06:51 PM
    chaanakya i fully agree with your assessment!

    Yes, that is right, I said �plight of EB2-India�.

    I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...

    Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.

    Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.

    There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).

    All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.

    For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!





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  • satishku_2000
    07-27 02:42 PM
    My I-140 got approved even though my company also did not file 2006 Tax return. My company is a small(less than 30 employee) loss making company. Our company secretary just gave a letter that company has not filed tax return for 2006 and has asked for extension, attached request for extension. If you are meeting any one of the three criteria of the yates memo, there are very high chances of I-140 getting appoved. Search for yates memo and you will get more details. Is your current wages more than prevailing wages? If yes, then you will be fine. Your lawyer has do a very good analysis of companies ability to pay prevailing wages. So work with your lawyer and you will be fine.

    Hey

    you have any link to the memo?



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  • VINJE76
    06-20 12:11 AM
    Bah. Skinned the stupid click wheel. What is it with you guys and the click wheel.. IT DOESNT WANT TO BE PAINTED

    It is called STICKERS, they go over the buttons.





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  • mheggade
    07-17 01:25 PM
    i am with you. we should request that USCIS recapture unused visas!
    Guys , I think this issue has been discussed lot of times.
    1) USCIS do not allot immigrant visas, It is alloted by DOS.
    2) DOS needs a fix in the current EB laws to capture unused visa.
    3) I am not sure if we can push any change in law, given the current Iraq war quagmire.

    But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).



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  • rajagopal_04
    12-27 07:50 AM
    My wife went for H4 visa on Dec 19. I booked flight ticket on 28th. So it seems like I need to postpone the date by at least a week.

    Your comments are welcome...Thanks!!

    I am still waiting for the passport.:( I contacted both VFS and US consulate for status. Hope i will get it soon.:confused: Please someone who also waited long, could you post your waiting days, this would give me an estimate days i may need to wait. Thanks for your help.





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  • wellwishergc
    12-16 06:20 AM
    That was a very interesting roller-coaster ride. By the way, if you ever decide to make movies, count on me to watch them:). Your story-telling talent is fabulous.

    Your experience does give hope to lot of us. Thanks for posting. Enjoy your freedom and the holiday season!!!

    When GCSOON-Ihope becomes GC-IgotIt!

    Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies �.and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
    What did I feel then? Really indescribable�Happy? It goes way beyond that.
    I feel more relieved than anything else, like if I had a ton of lead off my shoulders�
    May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
    As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
    So, please, enjoy the holidays: as long as there is life, there is hope.
    I know something about it:

    Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
    Find dream job in dream company. Hired directly by CEO himself.
    Company loves me and applies right away for H1 and then Labor Cert.
    Life is beautiful. The start of the American Dream. Not for long.
    Attorney has been working for company for years. Always successfully.
    Picks me for his first failure: screws up completely.
    H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
    OPT runs out: company still loves me but�I am now out of status and�fired too.
    Welcome to America. Life has turned dark. The start of my American Nightmare.

    I am disgusted. Decide to go back to my home country (France).
    I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
    H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
    Not for long. Exactly 2 hours (no kidding).
    Find out that company is a sweat-shop and boss is a crook.
    Pays me half (yes, half) what he was supposed to.
    Go to INS to complain: �If you are not happy, go back to your home country�.
    I swear that it is exactly what I am told.
    Consult attorneys for a possible lawsuit: � Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don�t waste your time and money in a lawsuit, just find yourself a new job�and be more careful this time�.

    I am broke. Can�t even go back �home� and anyway I don�t want to.
    Not with just my tail between my legs for the second time.
    Home is here. I want my American Dream and I will get it, no matter what.
    Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can�t afford anything as I am hardly surviving.
    Employer wants to fire me: �you are always complaining about the money�.
    I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on�).
    Imagine in what kind of atmosphere I am working�but I need this job to remain legal until I can find something else.
    For sure, I will be out of there within a couple months at the most.
    Don�t know yet that this nightmare will last�2 years. Still can�t believe it.
    Had I known, I would have fled the first day, no matter what.
    In my specialty, jobs are not easy to find.
    Not to mention that this time, I have to be very �choosy��
    Companies that I approach:
    a) don�t want to hear about immigration or
    b) don�t want to pay attorney fees or
    c) don�t want to pay at least prevailing wage or
    d) all of the above
    All doors seem to be closed.
    I have never felt that bad in my life: go see the doctor.
    �You have all the symptoms of someone who is having�a nervous depression.
    Do you want me to refer you to a good psy who could help you?�
    No, thanks. I know why I am sick.

    Finally find new company that loves me: apply for new H1 and they pay all fees.
    H1 approved.
    This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies�and no GC in sight.
    Job is nice, company is nice. Recovering from depression.
    Boss loves me: decides to start for me RIR Labor in�.May 2001.
    Yes, one month after that damn month of April 2001. You know what I mean.
    Six months of advertising.
    PD is January 2002.
    Labor Cert approved �in July 2004. Concurrent filing I-140/I-485 in August 2004.
    Get EAD. FP in September 2004.

    Things change: company is now going down. Boss still loves me but�lays me off.
    (Re)(Re) Start of my American Nightmare?
    Attorney says: �Don�t worry (!!!) Employer loves you. Won�t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens�.
    This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
    Later, previous company nicely recovers: got rehired!
    Only thing: I will have to pay all fees from now on. Don�t care. Back on the right track.
    Do Medical in April 2005.
    I-140 approved in May 2005�but visas are now �Unavailable�. Nothing to worry about.
    October is around the corner and new numbers will be available, right?
    Just a few more months and I will have my GC. Wrong.

    October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
    I swear that I almost s..t in my pants. When is too much�just too much?
    How much more frustration and anguish can I endure? More, much more.
    By rage and stress, I pack up an extra 20 lbs in just a few months.
    Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
    Second EAD. FP again in October 2005. Life is paced by visa bulletins�
    September 2006 bulletin comes out: EB3 World has now passed my PD.
    I am holding my breath again. Rightly so, for the umpteenth time.
    Third EAD.

    Wait 2 weeks and start inquiring about the status of my application.
    Call so-called �Customer service�: as usual they know jack s..t.
    �Your application is still pending�. Thanks, I already knew that.
    Make Infopass appointment at Los Angeles downtown office.
    �Sir, I can�t tell you anything specific because your case is at the Laguna Niguel office.
    Contact them at: CSC-XII@dhs.gov�

    E-mail #1 on 09/18: (�) Status of my case? (�)
    Response on 09/27: �the I-485 at question is still pending FBI name check clearance.
    Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case�.

    E-mail #2 on 09/27: (�) When was that initiated? (�)
    Response on 10/02: (�) On or about 08/19/2004. (�)

    This time, I surprise myself: I am one more time devastated but remain strangely calm.
    Even laugh about it. Nervously. Too much is just too much.
    I had heard about that Name Check aberration before but had ignored it.
    Like most people involved in that GC mess, I refused to worry in advance.
    One bridge to cross at the time, please.
    Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
    I call my lawyer and tell her about those 2 e-mails: �That�s good enough to file Writ of Mandamus. That summarizes the whole situation, we don�t need anything else�.
    WOM is filed on November 1st.
    (I requested FOIPA and contacted Senators, President, Vice-President etc, etc�
    only later just in case we would have needed more ammunitions).

    After that, things go fast:
    11/ 29: without any warning (!), LUD: �Your card has been ordered�.
    12/01: confirmation from the Assistant US Attorney that my case has been approved.
    12/04 LUD: �Your case has been approved�.
    (So, they notify you that the card has been ordered�before notifying that the case has been approved�).
    12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
    12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable�).

    What a timing! Could I dream of a better Christmas Gift?
    Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
    :) ;) :) ;) :) ;) :) ;) :)



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  • Bokke
    06-15 04:30 AM
    Quick someone tell me which one I should put in the poll, the carbon pod or the orasquare ?

    The OraSquare Pod !! :)





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  • GCSOON-Ihope
    12-09 09:07 AM
    GcSoon-Ihope is from France. I thought that retrogression is mainly for India with some effects on China, Philipines and Mexico.

    Please explain why bulletins are applicable to you. Thanks.

    Merry Christmas!


    Look more closely at a visa bulletin. You will see that in EB3, all countries are retrogressed...



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  • lazycis
    10-09 02:30 PM
    A good read on the subject with references to applicable law and USCIS memos/policies:
    https://www.ilw.com/articles/2007,0109-nadalin.shtm#_edn29





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  • 485Mbe4001
    10-16 04:58 PM
    i am a victim too (NC started Jan 05)...i have almost given up now.

    Are there only 3 people suffering from namechecks?
    This issue can be pushed if we have strong support for it.



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  • optimist
    06-11 04:30 PM
    .
    .
    .
    Only questions I have now are:
    1. Any idea generally how long these things can go on?
    2. During the trial will there be any restrictions on leaving the country (In genuine emergency situations)?
    3. In the worst case if I am willing to give-up my GC..would it still make sense for us(my spouse and 2 kids) to go thru all this emotional stress all over again by staying here and thinkign about what will happen tomorrow...?

    Last thing you want to do now is to lose hope. You have gone through a lot of stress, but you've got to fight this out!

    1. This could take about 1.5 - 2 years to resolve. At the end of that, there will either be a settlement or a trial.
    2. There will be no restrictions to leave country, but you might be expected to be in court on trial dates. Again remember, a very small number of such cases actually go to trial- most are settled out-of-court. If yours doesn't end up in a trial, you will never have to actually go to court.
    3. No need to give up your GC dream! Since you do not have any property/assets here, you have nothing to lose.

    Cheer up!





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  • sertasheep
    07-19 04:54 PM
    I'm not writing this in my capacity as a core member, but just as a regular individual. Aman has selflessly worked towards EB immigration reform, at the cost of precious personal time with family, as well as taking vacation time in order to make the numerous trips to Washington DC. He has not asked for reimbursement for expenses incurred during numerous previous trips to DC.

    The skilled professional community, those who are members of IV, and those aren't yet, must be extremely grateful to Aman for this selfless act.

    He may not like me stating this, but this is true.

    Several volunteers have spent hundreds of dollars out of their own pockets without disturbing IV funds for press releases, travel and so on.

    One important thing: Money is an enabler for several things including operating expenses, infrastructure mobilization, etc., However, at the end of the day, solidarity and efforts count.

    While IV will continue to require funds, members are encouraged to assist in other non-monetary ways as well. That would be even more powerful information for us when we get in touch with policy influencers. A recent example was the stories requested by Cong. Loefgren's office, for which we had to prepare several stories, requring us to get in touch with you all. Completed information will help easen this process

    a) Please discard your cloaks of anonymity and complete your profiles with your information. That's the first step.
    b) The next step is to increase awareness among the community, law makers and influencers.
    c) Get more members to enroll.
    d) Assist in non-monetary ways: How many of you have non-working spouses, friends, et al who can contribute focused time and effort(not money). In other words, volunteer time and effort?

    Please write to info@immigrationvoice.org



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  • anandrajesh
    01-29 07:14 PM
    Why will it move PDs faster than now? Thanks.

    Because consulting companies dont necessarily cancel pending labor applications when somebody quits. They let it run through the process and use that to substitute to a new employee. If they cant use it due to this new law, nobody else would jump in front of us in the queue.

    Not sure whether this will help to move PDs faster, but will help a little. At this pace, if you can expect GC in 15 yrs, if Labor substitution is eliminated you might get ur GC in 13 yrs. :( (Saves you a Whopping 2 yrs of wait time)





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  • santb1975
    12-08 11:27 AM
    I will send my story too



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  • rmscandy2006
    07-15 09:28 AM
    done





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  • anandrajesh
    02-13 10:50 PM
    Attack my ideas and not me. Then we can have a debate conducive to achieving our goals.

    Anand, there is a conference call scheduled this Friday. Pls join the conference call and pour in your ideas. Sure if your ideas are good and conceivable Core team would defly work on implementing it. Dont be an outsider, try to get more involved. Again if you want to be part of the Core Let Aman & Co know, they should be able to delegate you some responsibilites.

    Just like you, everybody is frustrated with the lack of progress. But we do understand our limitations, we can only educate the lawmakers with our issues, but we cant arm twist them to do something favorable. We have to keep our expectations right. As Logiclife told if big corporations like Microsoft cant achieve what they, want who are we? Does this mean we shld quit and resign our fate. Live another day, Fight another day till we achieve what we want.

    I contribute, i participate in the calls, i write to the reporters, i send faxes and emails to Senators/House Reps, Appear in Newspaper & Radio interviews and most of all Spare a Prayer to God to improve my situation. That is all i can do and if every one of us does what is needed sure something positive will happen. I am not a CORE member, just an ordinary member like YOU.





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  • masouds
    09-17 02:18 PM
    you mean LEGAL aliens...:)

    s/LEGAL/slave/ :-)





    aadimanav
    10-16 12:57 PM
    How do I find out that I am "suffering" from namecheck? :confused:

    PD: EB3 --> April 2004 --> India
    I-140 Approved.
    I-485 Received on July 2, 2007
    Fingerprinting --> DONE
    EAD --> RECEIVED





    greencard_fever
    05-25 11:01 AM
    Good development. Lets see whether they follow up on this or not.
    CIR is difficult due to political landscape. piecemeal approach has the
    most likelihood of success especially it is attached to FB category.

    On the downside, such bill are tabled every year and they die a natural death.
    Visa recapture might since 1992 might greatly reduce the backlog.

    How to track the progress of this Bill? can some one post the link to track.



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