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  • Michael chertoff
    03-19 12:55 PM
    Question on AOS processing based on PD/RD - Currently, EB2 INDIA is Dec 03. Assuming May 08 VB goes to Jan 03 (EB2 INDIA) , will the EB2 INDIA AOS applications with Feb - Dec 03 PDs still get processed??

    Any chance of EB2 India moving forward to April 05 by October 2008??

    Why not july 2006??





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  • logiclife
    01-30 04:42 PM
    Another thing about your situation.

    I am assuming your spouse is on H1. If he is having a stable job and GC process in queue, then your dependence on this potential desi employer significantly reduces. That gives you more power to bargain. For everything. Better paycheck and other perks. Most importantly, do negotiate the terms of starting to work. Make it clear to them that you will work ONLY AFTER you have I-797 approval and not before. If you dont negotiate, they would start marketing your resume even before your H4-to-H1 transfer petition reaches the USCIS service center. And you probably dont want to go along with that and work illegally.

    Use that independence to your advantage.

    If the primary applicant is on H1 and has the GC in pipeline, then the negotiating power significanly reduces. For you, the employer knows that you dont care if you have to go to another desi bodyshop paying better money for the same project and you dont care in worst case if you have to quit and go back on H4.





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  • jasmin45
    03-05 09:24 PM
    My letter to realtor.org
    � Average education level: At least undergraduate


    I always believed that everyone out here is atleast a grad with a degree. Isn't it what the minimum requirement for EB Category 3 ?

    Correct me if I am wrong.





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  • sc09876
    08-10 02:42 PM
    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

    Let me just say I am not here to start a EB2 vs EB3 fight. I think the beef is that EB3 is still in 2002 while EB2 is now peeking into 2007.

    However, IMHO, if you extend that logic, since EB3 has much more filings than EB2, EB2 wait time would be unrealistically high. Just my opinion that it defeats the purpose of classification, since in the end, it will be PD based and not classification based.

    Instead the focus should be in "automatic" progression to higher classification if the PD has certain # of years. For example: If the job requirement had 3 years at the time of labor and 3 more years have passes since, 140 should automatically be allowed to re-classify to EB2 (filed or yet to file)

    This way, working for the same employer and adding experience will be an advantage and would not need to change jobs just to re-classify or port.



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  • wellwishergc
    08-02 02:42 PM
    :D :D

    Why don't we nominate your name for the post of 'Director' of USCIS?:D

    The visa numbers for Indians in EB2 category is 'unavailable' currently. Every month the USCIS estimates (rather guesses :rolleyes:) the demand for visas in each category adds to it their own forecasted work pace and based on some super secretive formula comes up with a cut-off date....as we all have seen this formula is by no means accurate (knowing how it went from being current for all employment based category in sept 05 to unavailable for eb3 indians at begining of they year to the dates moving 5 years for chinese eb2 in a few months..etc ..etc)

    Wouldn't it be nice if USCIS gives themselves a break from the stressful guess work ;) every october and instead of giving cut-off dates, just make eb1-3 'available' for all across the board...then all of us waiting with approved i140's can file 485...get EADs..our wives can work...we can change jobs per will and live happily ever after...May be they can use the data gathered from all the petition received to forecast a better cut-off date for the remaining 11 months...And if they repeat this every year....the most one would have to wait with an approved I40 to file I485 is one year....I am sure lot of guys with pending applications at BECs would also jump on this idea and file new perm petitions...effectively reducing the backlog..if not eliminating it.

    Mean while I am proposing all this in humour and not advocating IV to adopt it in their agenda :) ...so don't start pounding on me just yet...





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  • gcdreamer05
    03-19 07:29 AM
    This is the power of Immigration Voice. Not everyone has the knowledge of all these situations, so we need to gain knowledge from the past experience of others.

    I am sure thread's like this will help a lot of people who have plans to join few Full Time Employees who promise but cannot keep it up.

    Please continue to share...



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  • user1205
    08-15 05:38 PM
    The spill over goes from EB2 ROW to EB3 ROW to EB2 India to EB3 India .. at least that's how some people explained it.

    Also I'm pretty sure country quota of 7% is for all EB categories combined.

    I guess the logic of USCIS is beyond logic and rules.





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  • kuhelica2000
    01-09 11:20 AM
    As a fellow and genuine member of the IT profession, it's our solemn duty to save our profession. I would suggest whoever is in hiring capacity, please do ask for copies of paychecks from previous employers to weed out false experiences. Also, always conduct a face to face interview even when you are hiring contractors.


    [QUOTE=sweet_jungle]How come these people do not get caught during H-1 approval process or during visa stamping at consulate or maybe later during GC process?



    As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.

    When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.

    With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.

    It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.

    There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.

    So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend



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  • Karthikthiru
    09-11 11:37 AM
    Numbersusa site says that it will be back on Sep 18





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  • sunny1000
    01-19 10:40 PM
    Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

    On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

    On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

    One of the TSA security personnel’s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

    I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

    Sir, are you a US citizen?

    I said, No

    Then, he asked me, can I see your immigration documents.

    I have shown my passport to the police officer.

    He looked at H1-B visa and I-94 and asked me; who do you work for?

    I said my employer’s name.

    Later, he gave me my passport back.

    Now,

    I have asked the Police Officer few questions

    1. Sir, I’m in domestic traveling, is it mandatory to carry my immigration documents at all times?

    Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

    2. What would you have done to me, if I had failed to present my passport?

    Police office said, I could have DEPORTED you.

    3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

    Police office said, No. Technically, you must carry original documents at all times.

    I would advice you to carry Passport at all times.

    I did not know this until Police Officer told me about this LAW.

    P.S: BTW, the Department of Homeland Security (DHS) level is in “ORGANE”.

    Are you sure that it was a police officer and not a CBP inspector? The reason I ask is that the fact that you mentioned that he said that he could have deported you. Also, it was after the security check where CBP inspectors are present usually.

    I was stopped by a cop for allegedly speeding in Vermont. The second question after asking "do you know why I stopped you" was that "what nationality I was" and "am I a U.S citizen"? I answered him and he asked what was my profession. After that, he just took my drivers license and issued a ticket. He also gave me a break and reduced the speed reading by 5 miles in order for me to pay lesser fine. He did not ask for my passport or immigration papers.

    I flew into JFK last week from India and there was a CBP inspector standing at the yellow line where I usually wait for the next available inspector. He asked for my passport to see the visa and then, he let me go to the immigration counter for processing by another inspector. This is pretty new as I flew back to JFK from India in Nov and I was not screened before getting to the immigration counter.



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  • prioritydate
    12-20 04:31 PM
    Have you been out of country anytime after this...??If yes then you are fine.

    Once you re-enter US..all previous records will be cleared....!!!

    Yes, I did. In fact, many times.





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  • rmscandy2006
    04-08 10:11 AM
    I think -We have to come to our senses. The law wants to treat us as slaves. Do the work and go back. They do not want to give the opportunity to have the american dream. They do not have problem with mexicans, or arabic country people, or anybody. All they want is - we do not want smart talented ones to take our white collar jobs.
    We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
    When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
    Choose life !! is the better option !!



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  • BharatPremi
    10-25 04:41 PM
    Interesting thing (not in a good way) to note is most EB3 India (even whose priority dates are as back as 2003-2002) have filed in June/July.

    Reason: All of us(between 2002-4) were rotting in BEC for years...BEC just
    vomited us out between Jan 2007 to September 07.





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  • kavita
    12-11 04:02 PM
    Kumar,
    I am sorry if my choice of words hurt you in any way.
    I am a physician and I know there is shortage of physicians in US. At my place, we are looking for new candidates all the time. I am sure my employer realises the importance of a number of Indian physicians who have filled their advertised positions time and again, thanks to education system in India and a population big enough to be able to send some to US.
    It will be different if US lawmakers start to blame Indian or China for huge populations, and I doubt they will ever do. If they do, only then I will think of going back. Just because they bailed out bank or now automakers, does not mean that what is going on with legal immigrants is justified.
    I feel the major philosophy of immigration voice is to remove discrimination based on country of origin. So lets stick to that and try to make our case to the lawmakers.


    Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!

    The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.

    Please attack my thought, do not attack me or my self esteem!



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  • yabadaba
    09-10 04:07 PM
    thx for catching that.. i m sending it now to my school





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  • sunty
    11-11 10:28 AM
    vin13,

    I am aware getting participation from the members is a tough one. But when people will sense a hint of success, they will come.

    The biggest example is IV itself. When Aman founded this, it was just a small website for people to discuss EB immigration issues facing them. Look at IV now.

    Similarly, we have to start somewhere. Recapture and CIR are far dreams for now. At this point, if we can do anything to have any sort of respite, it would be a good thing...



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  • abhishek101
    12-27 12:14 PM
    Just to clarify on all the confusion:

    If you are legally here i.e. on H1B yu can have any account and any mortgage. I can pretty much vouch for it because I am one of the persons in the bank incharge of enforcing the credit laws. The only requirement while giving a mortgage is what kind of credit scores and history you have. BOA is quite conservative in giving out loans while someother smaller institutions are not so conservative and hence the rejection from one and acceptance by the other.

    For giving mortgage to illegals I do not know any reputable institution doing so. Yes there is always the grapevine.

    I recently travelled to Delhi from SF using British Air in Dec. I chaged from Terminal 1 to terminal 4 while going and reverse while coming. Nobody asked for any visa, as far as I know it is not required. It was not required before then the requirement came in and now it is no longer there.

    But I do have a valid visa on my passport.

    About Hongkong it takes approximately 5 minutes to get a 15 day visa and the process is very smooth.

    Singapore does not require any visa.

    No visa for Germany, Middleeast and most of the East Asian stops.





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  • hopefulgc
    03-16 10:04 PM
    awesome parallel... very clear thinking.

    It's like asking Martin Luther King a few decades ago "Slavery has been there for centuries, why do you need equality now?". Your tone is exactly like that. It's just an analogy, we have definitely not suffered as much, but I am just trying to tell you that a wrong should not be prolonged, it needs to be corrected.





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  • seahawks
    01-28 11:36 AM
    In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.

    For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.

    Persistence, patience, hard work, financial support, timing and combined efforts with one voice representing us will pay off! Lets all do our part. I feel I don't have skills to be in the front, taking initiatives, talking to people, volunteering my time. We must salute all that IV is doing, whatever little we can, we should support to make those efforts multiple folds. If we don't believe in the cause or the people, we fail. If you read a few threads closely you will find out, IV cannot publicly post all the efforts or progress being made, you cannot publish a game plan that everyone can read and groups working against IV can muscle in their amendments. I totally understand doubts when the going gets tough, but hangin there and all of us do our part, not just the money alone! IF you have the skills to volunteer and organize things, contact the core group too, everything they can get is valuable.





    jonty_11
    03-18 03:35 PM
    it will not move past March 2004....that is when PERM was started, and everyone with pending EB3's doubled-downed with a second EB2 application. Its time to feel the pain of that now!!!





    suriajay12
    04-04 08:59 AM
    immigration-law.com says:.. Please read the second part which is more relavant to us.

    04/04/2009: Congress Passed Concurrent Resolution, H. Con. Res. 93, to "Conditional" Recess Until April 20, 2009

    * The 111th Congress has passed most of key and time-sensitive bills in the first three months. The last important bill which the Congress passed was the Obama Administration's FY 2010 budget proposal. Both the House and the Senate swiftly passed the budget in the last two days. It is historical in that the single most hot button legislative bill is a budget for the government and it tends to drag the legislative process for months. This week's Congressional action on the FY 2010 budget recorded a history.
    * Having resolved most of hot botton legislations, yesterday the House and the Senate passed by unaimous consent a concurrent resolution to go into recess "conditionally" until April 20 for the Senate and April 21 for the House. "Conditionally" means when any hot issues develop, the leadership of the House and the Senate can always call back the Congress into the session during this period. Accordingly, unless such event develops, the Hill will remain quite for almost next three weeks in the legislative activities.
    * The members of the House and the Senate are returning to their neighborhoods to recharge their energy in their political constituency. This presents a golden opportunity for the pro and con immigrant advocates to work with the legislators to support their immigration agenda when they return to the Hill after April 20th. These legislators never rest. Recess does not mean that they can take a time off to enjoy sleep for extended hours or enjoy a vacation. In fact, they tend to get busier in their community to harden and expand their political roots. It is time for the immigration advocators to roll up their sleeves to work with these legislators in their neighborhoods on person to person basis.



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