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  • hsingh82
    05-08 03:33 PM
    I think we should protest in front of capitol with placards reading "End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race". We should set up a tent and do a huger strike.


    "End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race".

    I liked these, how about we send copies of our degrees, W-2's (-ssn) and resumes with one of these to Obama to prove the point that we actually are highly skilled people?




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  • gc_on_demand
    09-10 10:19 AM
    Folks...

    Dates move ahead means almost all people before 8 Jan 2005 will get their GC in Sep 2009.

    If that comes not true then DOS has given Spill over visas to Eb2 india on day 1 of new quarter and will do same for every quarter. If this is the case then date will move forward only in Jan 2010 bulletin.

    and if they moved date forward because there are only few hundreds case between Jan 8 and Jan 22 2005 then we will see very big movement in Aug - Sep 2009. There are very few Labor since Nov 2008. So Eb2 ROW will not utilize even 10k visas in next year thus Eb2 row will donate 20k + visas to Eb2 india and Eb1 do same ... if Eb4 and Eb5 doesnot get renewal before Sep 30th then expect 5k more visas total almost 55k Spill over to Eb2 india and China which will make Eb2 C by Sep 2010..
    :):):):):):):)




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  • desi3933
    07-10 12:14 PM
    same way you prove that in the case of I-140... by writing up letters exlaining job duties... and showing offer letter, pay stubs, company tax returns and/or quarterly tax receipts, client contracts... etc etc etc...

    Well, then you are covered.

    again: what is your true point? why do you suspect that this is difficult?

    Its not difficult if one is really running the business. It may be difficult for someone who is looking for job and opens a company to show self employment with nothing else going for that new business.

    .




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  • alterego
    03-08 06:27 PM
    Very well written. I can tell you through my observations of living in this society for 35 years:

    1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)

    2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)

    3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.

    4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.

    5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).


    Now I don't want to get people upset but let's look at some things that have happened since 2005:

    There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.

    In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.

    In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas

    Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.


    Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.

    Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?

    This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.

    In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
    As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
    In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
    This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.



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  • kshitijnt
    04-23 08:39 PM
    Guys one more perspective:

    1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.

    2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.

    3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.

    Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?

    Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.

    Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline

    When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?

    Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.

    I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.




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  • aquarianf
    04-23 12:21 PM
    I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
    I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
    I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF saying the upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
    Plz give me ur valuable inputs

    I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.

    If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.

    Also can you get in writing from you current employer that they will support you in case of law suite?



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  • wizpal
    11-21 10:38 AM
    Mehul,

    May God give you and your family the strength and power to come out good through this trying times...Best of luck.

    Do drop us a note if you need any help...




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  • masaternyc
    07-04 05:46 PM
    My application was received on July 2nd 2007 at 11:40 AM

    Priority Date:May 22nd 2006
    Self filed all to date



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  • gc_maine2
    08-13 02:45 PM
    LUD: Last updated Date.

    What is LUD?




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  • ski_dude12
    08-26 03:33 PM
    Even my case was transferred from NSC to TSC. My I-485 receipt has receipt date as July 3 2007 but the notice date is September 7 2007. My A# is on the receipt but no PD.

    I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.

    In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.



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  • amitjoey
    07-09 04:51 PM
    I really believe, that for this flower campaign to hit major news media, and make it a success, we all need to talk about it outside of IV, talk to reporters, email the pdf, and ofcourse talk to other friends of ours, let everybody know this is happening.




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  • xbeartai
    05-23 01:52 PM
    Link:
    http://topics.nytimes.com/top/opinion/editorialsandoped/oped/columnists
    /thomaslfriedman/index.html?inline=nyt-per
    By THOMAS L. FRIEDMAN

    Published: May 23, 2007

    First I had to laugh. Then I had to cry.

    I took part in commencement this year at Rensselaer Polytechnic Institute,
    one of America's great science and engineering schools, so I had a front-row
    seat as the first grads to receive their diplomas came on stage, all of
    them Ph.D. students. One by one the announcer read their names and each was
    handed their doctorate - in biotechnology, computing, physics and
    engineering - by the school's president, Shirley Ann Jackson.

    The reason I had to laugh was because it seemed like every one of the newly
    minted Ph.D.'s at Rensselaer was foreign born. For a moment, as the foreign
    names kept coming - "Hong Lu, Xu Xie, Tao Yuan, Fu Tang" - I thought that
    the entire class of doctoral students in physics were going to be Chinese,
    until "Paul Shane Morrow" saved the day. It was such a caricature of what
    President Jackson herself calls "the quiet crisis" in high-end science
    education in this country that you could only laugh.

    Don't get me wrong. I'm proud that our country continues to build
    universities and a culture of learning that attract the world's best minds.
    My complaint - why I also wanted to cry - was that there wasn't someone from
    the Immigration and Naturalization Service standing next to President
    Jackson stapling green cards to the diplomas of each of these foreign-born
    Ph.D.'s. I want them all to stay, become Americans and do their research and
    innovation here. If we can't educate enough of our own kids to compete at
    this level, we'd better make sure we can import someone else's, otherwise we
    will not maintain our standard of living.

    It is pure idiocy that Congress will not open our borders - as wide as
    possible - to attract and keep the world's first-round intellectual draft
    choices in an age when everyone increasingly has the same innovation tools
    and the key differentiator is human talent. I'm serious. I think any foreign
    student who gets a Ph.D. in our country - in any subject - should be
    offered citizenship. I want them. The idea
    that we actually make it difficult for them to stay is crazy.

    Compete America, a coalition of technology companies, is pleading with
    Congress to boost both the number of H-1B visas available to companies
    that want to bring in skilled foreign workers and the number of employment-
    based green cards given to high-tech foreign workers who want to stay here.
    Give them all they want! Not only do our companies need them now, because we
    're not training enough engineers, but they will, over time, start many more
    companies and create many more good jobs than they would possibly displace.
    Silicon Valley is living proof of that - and where innovation happens
    matters. It's still where the best jobs will be located.

    Folks, we can't keep being stupid about these things. You can't have a world
    where foreign-born students dominate your science graduate schools,
    research labs, journal publications and can now more easily than ever go
    back to their home countries to start companies - without it eventually
    impacting our standard of living - especially when we're also slipping
    behind in high-speed Internet penetration per capita. America has fallen
    from fourth in the world in 2001 to 15th today.

    My hat is off to Andrew Rasiej and Micah Sifry, co-founders of the Personal
    Democracy Forum. They are trying to make this an issue in the presidential
    campaign by creating a movement to demand that candidates focus on our
    digital deficits and divides. (See: http://www.techpresident.com <http://www.techpresident.com>.) Mr. Rasiej, who unsuccessfully ran for public advocate of New York City in 2005 on a platform calling for low-cost wireless access everywhere, notes that "only half of America has broadband access to the Internet." We need to go from "No Child Left Behind," he says, to "Every Child
    Connected."

    Here's the sad truth: 9/11, and the failing Iraq war, have sucked up almost
    all the oxygen in this country - oxygen needed to discuss seriously
    education, health care, climate change and competitiveness, notes Garrett
    Graff, an editor at Washingtonian Magazine and author of the upcoming book "
    The First Campaign," which deals with this theme. So right now, it's mostly
    governors talking about these issues, noted Mr. Graff, but there is only so
    much they can do without Washington being focused and leading.

    Which is why we've got to bring our occupation of Iraq to an end in the
    quickest, least bad way possible - otherwise we are going to lose Iraq and
    America. It's coming down to that choice.



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  • anzerraja
    07-20 02:36 PM
    See my other post. People responded very specifically because this drive was directed towards a certain cause. I think we need to respect that.



    Zoooom, Anzeraja & All pledgers,

    Thanks for driving this effort. Subsequent to Aman's post, we can direct these pledges to the normal contribution drive for IV.

    It was amazing to see such response to call for funds for Aman and other core members.




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  • gxtrader
    09-06 01:10 AM
    Anybody from August filers who got his/her Receipts already?

    My Aug 1 filer friend got his already....



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  • mariusp
    02-15 09:11 AM
    I actually did call in mid Nov. and opened a SR. I then got a canned response about a month ago on how the case is within processing time and blah blah... I call again this morning and apparently their system was experiencing some kind of problem and the rep. wasn't able to open a new SR although she did apologize and thought that 5 months is an excessive amount of time to wait for biometrics. She then transferred me to an IO who based on the service center processing times posted online told me that they're currently processing May 07 and my receipt date of July 12 is not up yet.... What a bunch of BS!

    Call them a lot of us did, when we got moved from one center (receipt notice) to another for processing. You should get a FP notice soon after you talked to them!




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  • intheyan
    08-26 12:55 AM
    I saw my friends received thier physical green card just in 1 and half weeks from the day of the Card production ordered status change.

    How long did it take for you to get the physical cards after 'card production..' mail?



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  • vkrishn
    08-24 11:12 AM
    Any approvals this week? Seems to be slow.. Wait continues!




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  • CADude
    03-26 07:15 PM
    Unless congress change law you are dreaming.. :D:D:D:D

    EB3-India with PD 2003 and before - Most will be out by December 2008 -
    Perhaps 10% may still rot in NC further.
    EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
    Perhaps 20% may still rot in NC
    further.
    EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
    Perhaps 5% may still rot in NC
    further.
    EB3-India May 2005 Onwards - Can not predict - It is good to look for other
    options and that option certainly MUST not
    be switching to EB2




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  • GKBest
    10-12 05:06 PM
    "PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>

    I'll ask my lawyer to do this since he still has some clients who are still waiting like us.




    amitjoey
    11-18 10:05 AM
    We need 3-4000 people viewing this thread and sending emails.




    xyzgc
    02-01 08:35 AM
    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!

    Good decision. I was opposed to going back but I think its good to do just that. You see lot of folks going back after getting their citizenship.



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