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  • belmontboy
    02-15 03:58 AM
    http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=Outsourcing&articleId=9127943&taxonomyId=72&pageNumber=1

    Now that Desi consultant companies are under scanner, i hope employees working for them get their long overdue justice.

    H1B has become synonym for visa abuse bcoz of these moron's. I hope the system comesout clean.





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  • singhsa3
    08-13 10:25 PM
    Good job Macaca. Just one thing though, it looks like 1M includes all pending AOS and not just EB. Please see http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3b_backlog s.pdf

    Employment Based (EB) Green Card (GC) Numbers Situation

    The yearly EB GC quota is 140K. This includes visas for spouses and children. On an average, it is given to ~ 60K families.
    Each country is allocated 7% (of 140K) GCs with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Each country gets approximately 9800 GCs (~4K families).
    The Ombudsman estimates submission of 500K-750K (yes 500K) AOS applications between June 1 and August 17 2007. Most of these applications will be from India and China.
    According to Ombudsman's 2007 report, there were ~1M AOS applications pending as of March’07.
    So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
    The security check backlog appears likely to get worse, if a new immigration bill is enacted as millions of undocumented immigrants would also apply for legalization.
    If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
    USCIS is a self-funded organization i.e. it runs on fees it receives and is short on resources.


    What do these numbers mean?

    There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. That is, priority dates (PD) will remain retrogressed for several years.
    Those who could not file their I-485 now will now have to waitttttt…..
    Due to resource constraints, security checks may take years.
    Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
    Endless cycle of EAD renewals and Advance paroles.
    If working on EAD and for any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
    You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
    EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
    Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
    So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.

    Legislative Efforts

    EB Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
    IV grassroot effort (flower campaign and SJ rally) was a very important reason for retraction of July Visa Bulletin.





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  • GCplease
    10-24 02:05 PM
    hi guys,
    The PD current for EB1 in the month of Oct.
    I have filed my I-140,I-485 on Oct10 2007 in the category of EB1.
    But until now i did not receive any confirmation notice..
    Can anyone say what should i do now or have to wait for some more weeks?

    Thanks in advance...

    Give them some time.

    It has only been 15 days since you applied. They can take upto 2 months to send you the 485 receipt notice due to the huge influx of 485 applications they received over the past 2 months.





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  • spdy_mn
    06-28 12:59 PM
    Does it mean they would stop processing I140 premium applications which have already been sent. My I140 was pending for 6 months and I changed it for premium after the dates became current, it was sent by my lawyer this Monday (25th) and received by USCIS on 26th. Does this mean it will not be processed or does this mean they will not accept any premium processing applications from July 2nd.

    Yours will be processed as you have already submitted. You should receive your decision in the next week. When you do, please let us know that it is approved :)



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  • vikram2101
    09-19 05:50 PM
    Everyone thank you for the quick replies...

    How about if I send in Ac 21 paperwork and still be on leave of absence from my present company which sponsored my GC. It only gives me peace of mind because in case the new job does not work out I can still come back...

    I suppose it depends on your employers LOA policy, but in most cases you are not allowed to work for another employer when you have taken a leave of absence. And if it's not illegal it would certainly be unethical.





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  • HRPRO
    02-23 04:20 PM
    ----------
    Hi sertha1,
    I have a similar situation. Can you please tell me how you resolved this problem?
    Thanks
    r

    If you knew you wanted to convert back, you should have filed a 539 along with your husband's petition. Not too late, you can still do it but to revert back, they may come back asking for last 3 paystubs to prove you were still in status ona H-1.

    HRPRO



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  • superdoc
    09-24 07:56 AM
    Hi,
    The notice doesn't say that I-485 was denied. for I-140, it says notice of Automatic revocation. For I-485 it says Acknowledgement of withdrawl. It looks to me that my previous desi employer actually withdrawn the I-485 application and thats the reason it says the I-140 is automatically revoked.. But how can they withdraw my I-485 application ?

    Thanks in advance for your reply.
    did you file a new g-28? if not do that right away..maybe they denied accidentally
    I think MTR will be successful in your case..it will just be a few anxious weeks...

    Remember worst case scenario..go back to INDIA which I think is not too bad as a software engineer !! Cheer up...

    DESI employers are the biggest dousche bags around..i have decided that I will not work for another desi





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  • acecupid
    07-19 01:39 PM
    I was under the impression based on some posts I read on other websites that even if your I-485 is approved before you applied for I-485 for your spouse, you can still add her if you were married before your I-485 approval date. Can someone confirm this ?? I feel the best way to handle the situation would be to apply for the I-485 of spouse on the date the PD becomes current. Keep all documents and applications ready and file on the first date. Since visa bulletin comes out 15 days in advance its good lead time to make preparations even if the movement of date is sudden.



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  • gaz
    04-20 12:01 PM
    it is the job profile that dictates whether the case is eb2 or eb3 - the applicant should meet the criteria for the job. not the other way around.

    My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.

    If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.

    However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.

    Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).

    However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)





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  • pappu
    03-09 11:56 AM
    Not much good news for EB2 and EB3 India. I hope folks realize and do the lobby day seriously.

    Here is the timeline for folks that are not serious

    EB2 India: Waiting for July - October spillovers thinking that most EB2 will be current. The prediction threads have hyped this a lot. Many will benefit this year. But many will miss this bus too. Some from those who will miss this bus, would be back wanting to do something in Nov - May timeframe. Others will waste their time on predictions and trackers and make those site owners rich.

    EB3 India: Many who filed in July 2007 are still happy with EAD status. They worry and contact IV only if their I140 is revoked, I485 denied or if EAD renewal is delayed. Some still sulk or want to blame someone (even IV) for their delays. Those who have not filed I485 yet are few in number. Many new Eb3s still do not know the extent of the backlogs. With time they will slowly learn about the backlogs and wait times. When they suffer due to lack of EAD, they will all make noise on IV asking for some action. This is the reason why the I485 filing action item thread is still weak and pre-mature. I would give another 2 years for the non-I485 folks to have retrogression sink in.

    Retrogression is not going away. If it goes away, only applicants will benefit from it. And these applicants are too weak and small in number to even raise their voice. So why would anyone pass a law to make these people happy that do not even want any law changed. After 2 years all the folks who are not participating in advocacy days and contributing, will contribute to IV. At that time, if we in core are still around, would rather ask them to lead the effort if they can and if they are really serious. The current advocacy day campaign and contributions are a measure of seriousness for us to plan our next agenda items.



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  • getgreensoon1
    04-21 08:21 AM
    Say in clear and simple words -- are online degrees from University of North Dakota, University of Massachusetts, North Eastern University etc. legit ? Yes or No

    Your beating around the bush and twisting words just show you have no argument. Didn't your MBA teach you that there is something called logical argument? Or was your degree from the like of TVU ?

    It is only YOU who think that online degree does not have recognition . If you are yet to understand the power of Online educatoin you are probably living in stone age.


    BTW, I do not have a online degree (though I plan to go for an online MBA) but I am pissed off when I see some so called educated people are so eager to get a GC that they will probably kill others to make their way.

    May your online MBA make you so powerful that you can compete with all the top of the line MBAs.





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  • floridasun
    12-30 07:38 PM
    I always loved this board for what it does - especially the Gurus who always spend their precious time giving input to member's queries. Well... this is not query. I just want to vent my frustration, helplessness to fellow friends in this board. In spite of graduating from a reputed univ with a Masters and very good GPA and also having 7 years of professional experience, I am bound to be a slave to my current Employer without any promotions, career growth or anything remote to that for next (God knows how many Decades) several years. ppl who are junior to me in every aspect are growing left and right and are also getting brighter opportunities. I dont care if you guys think I am jealous of them.... But does God really exist ? sorry for wasting your time with this depressing note. I guess there is a limit to how unlucky I can be !! call me a cry baby but I am one real unlucky individual !



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  • needhelp!
    01-22 12:25 PM
    The compressed view in tracker is a very useful feature.
    Similar thing can exist while filling out the information as well, and RFEs can be part of advanced.





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  • BharatPremi
    05-29 08:00 PM
    .....Just thinking aloud : Out of 11 finalist 8 were kids of immigrant parents (7 of them indian). is it just co-incidence ?....

    No they are not Indians. All those 7 kids are Americans.



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  • superdoc
    09-19 03:23 PM
    Here is my dilemma--

    MY INFO---
    Occupation -- Physician
    EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007

    I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:

    -New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)

    -New company can only give me a generic letter for employment (EVL) ---
    "To whomsoever ---etc..it may concern..and only briefly describing my title and job description"

    --- My questions to respected IV members

    1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed

    2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ? Also If I do take a leave of absence should I send in AC 21 paperwork or no?

    PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!





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  • dilipb
    06-23 11:10 PM
    Not true! You will have to pay $340 or whatever the fee is at the time you renew your EAD again.


    Yes I stand corrected.

    As of now if u read this description from USCIS website

    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765"

    Then yes forever until we get our GC, for each EAD application we will have to pay 340.

    So sorry for the incorrect information.



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  • vivache
    09-24 04:30 PM
    I read the views .. that talking to lawmakers makes the difference.
    I'm a little surprised here.
    The long wait for the GC is an age old issue. I know folks who came here in the 80's and 90's and went through the same issues. There were brief periods when the process did speed up .. but by and large it has been the way it is.
    Lawmakers can say .. 'oh I did not know it took 7 years to get the green card." But I find that tough to believe that no one knew this until we went and said this to them? (h1 quotas get extinguished in a day .. and everyone knows this ..
    The situation is still the same. CIR also puts out there .. the need for Immigration reforms. So pretty much everybody out there knows what the issue is. Now what can we do to make them move on it quickly.

    I agree that getting together educated folks is difficult .. since they have no Union (like workers) and are not as close as blue collared folks. And that's the main reason why an illegal immigrant rally can get a million people on the street .. whereas a legal immigrant one gets in a 1000 people or 2000.

    To summarize:
    1. I think people in concern know that the immigration process is inefficient
    2. Unless there is sufficient sustained pressure, nothing can change.

    I would say this .. the question is this ... how can we get a huge rally going in key cities in successive weeks, so we get noticed and we can send across a stronger message?





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  • gc101
    07-18 12:32 PM
    Ideally you would like her to come to states at least for 2-3 business days to get court marriage and filing of docs, but if thats not the case then this is your best option.

    Raj3078/anybody,

    Let's say, I am not able to do that. But, do you suspect that they might APPROVE my 485 BEFORE my PD gets current? If they don't then, I am in no trouble, isn't that right? If they don't approve, then, I can add her into AOS when my PD gets current again assuming I don't file for EAD (I won't - I like my employer for now).

    gc101.





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  • Hassan11
    02-09 08:31 AM
    I filed an apeal for my first PERM too and preparing to file another one (through another company - you can't file another PERM via the same company while your first PERM is in appeal). Your's is there for longer than mine. I heard 4 to 6 months would be the time. Please let us know when and how yours is resolved.

    Styrum: Why did you file an appeal on your first perm and why are you planning to file another appeal? Maybe I am not understanding something here. was your first LC denied? (on what ground?) why your second LC denied?? Please explain. it seems that we are on the same boat but my appeal have been there longer (now over 6 months)

    does anybody here has any idea how long the appeal on the LC decision takes?? any information will be greatly appreciated.





    abhijitp
    08-22 02:27 PM
    If there is an answer, it is closer to Franklin's estimate of 7 years than to 3 years!
    Well said Franklin, it is getting harder & harder not to attend the rally:)

    Aadimanav, please attend the rally if you aren't already planning to.
    As someone has said...

    Attending the DC rally... even a caveman (Aadimanav) can do it... no offense... just kidding buddy:)

    Go here and submit your vote
    http://immigrationvoice.org/forum/showthread.php?t=12441

    Thanks





    NNReddy
    09-15 03:03 PM
    I am trying to say something about my financial success instead of lifestyle.
    But I have a good lifestyle too. I socialize, have parties all the time, have 2 nice kids and a nice house and a nice family. What else you want in life.
    but after some time, you get bored by these things, you want to go up in your career(I am just maintaining status quo), want to do some other things, for which I need GC.



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