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  • sundevil
    05-31 04:51 PM
    Me too! :confused:

    From definitions it does not seem that bad to lay on the table. Seems to indicate that it can be taken up for vote and establishes a priority over newer motions(amendments in our case). May be I need a law degree to understand this.:eek:

    I am confused. it is very contradicting.

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  • GCKaMaara
    03-05 07:26 AM
    I also got the same letter from USCIS today.

    Where is the core who advised us to fax letter to USCIS. Please let us know what the action plan is ?

    I am ready for $25.

    I think we need to contact Ombudsman with this letter. This is ridiculuous.

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  • psaxena
    09-30 02:10 PM
    Is this a serious discussion on the immigration portal about airlines.

    Why don't you shut the fuck up!!@#@# and get on with your "SERIOUS DISCUSSION" about AI, Vonage,Lingo, Shahrukh Khan etc etc etc..

    Serious!! yeah damn serious to be on this forum... guy like you are a shame and disgrace to the whole community where they just can't contribute but yes can definitely try to distract, deviate and derail the efforts.

    You got all this bashing for the reason, I dun consider this conversation as "SERIOUS" and was trying to add up humor to lighten up the thread. But the A**H***E like you and other 2( who gave you the green on the comment) are totally stupids to understand on where to discuss what.

    I am proud donor of IV, if that makes you feel ashamed when you look at the mirror, then I can't help you.

    Guys like you are a disgrace.
    When a serious discussion is going on, do you really have to post??
    Just shut up and donate to IV by selling your jet!

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  • Hinglish
    03-21 03:55 PM
    Im going to try again ....This whole discussion got so twisted here is the gist to bring everyone back on track.
    USCIS's interpretation of law for the "redistribution" of unused visa numbers is as follows (FALL ACROSS) : arrows denote transfer of excess numbers from categories

    EB1 -> EB2 ROW/IN/CH
    EB2 ROW -> EB2 IN/CH (proportional)
    EB2 ROW/IN/CH -> EB3
    EB3 ROW -> EB3 IN/CH (proportional)

    Ron thinks that this is wrong and it should be as follows (FALL DOWN):

    EB1 ROW -> EB2 ROW -> EB3 ROW
    EB1 IN -> EB2 IN -> EB3 IN
    EB1 CH -> EB2 CH -> EB3 CH
    and at the end then cycle through unused visas to single state categories

    I believe that USCIS's interpretation preserves the intent of the law makers to create maximum benefit to the US employers.


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  • pdFeb09
    06-16 04:33 PM
    Is it possible to upgrade from EB3 to EB2, if person is working on EAD after AC21 is invoked and H1 is expired?

    I believe it is possible if your company is willing to do it. Having said that, you would be better off asking this question to a qualified lawyer.

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  • webm
    03-14 05:36 PM
    Yes 27 EB-I approvals seems pretty low. Hopefully DOS would move EB3-I cut off date in May.

    Yeh let's hope for next May VB cheerup and so on....:(:)


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    06-01 11:14 AM
    Isnt this Ironic that Air France Flight went missing on coast of Brazil.

    I think someone up in the sky has whipped at Air France.

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  • easygoer
    07-14 05:08 PM
    Hi mheggde,

    You gave very good answer we were searching since morning. Thanks


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  • glus
    07-05 10:43 AM
    I don't know why you are wasting your time calling uscis. The fact is that USCIS released a statement they would reject all applications. Please don't waste your valuable time and focus of media and your senators. Please don't count on miracles. For now uscis may hold the applications for a few days because of the congressional action by congresswoman Lofgran, but we should keep the momentum and increase the awareness of this important issue.

    Contact you senators and the press like others did! Thank You.

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  • techbuyer77
    06-12 03:42 PM
    Please help!!!!!!

    I just filed i-485. My pD is Jan 2004
    i-140 has been previoulsy approved. I was laid off but my original employer agreed to give me evl, but with the way the economy is going they are not doing well.
    I have another employer which I am working now with.
    How likely is to get an approval (or an rfe for paystubs?) before 180 days.
    I am eb3 row
    Thanks, I am very depressed it took too long I guess and the economy changed and now the whole future of my family is pending


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  • breddy2000
    05-31 08:39 AM
    I am a master's from US in STEM too with more than three years oof experience but I am not thinking like you.
    We all should benefit.


    Reallocation of Immigrant Visa Numbers

    Immigrant visa quotas would be substantially realigned under S. 1348. Our current law provides for a baseline annual quota of 140,000 immigrant visas for foreign nationals immigrating on the basis of employment. In the past several years, a backlog has developed in several employment-based immigrant categories, with multiyear waits for some prospective immigrant workers. The Senate bill would, in the first five years after enactment, increase the quota for merit-based and employment-based cases, in part to address existing backlogs. An estimated 247,000 numbers would be available for work-related immigration. Beginning in the sixth fiscal year after enactment, however, the quota would drop to 140,000 numbers per year. This level would remain in place for at least two years, until approximately the eighth year after enactment, when the quota would rise to a baseline of 380,000 per year, with additional numbers made available for previously undocumented immigrants who become eligible to apply for permanent residence.

    The bill would also realign quotas for family-sponsored immigrants. Visa quotas for family-based immigration are currently set at a baseline of 480,000 per year and are subject to very lengthy backlogs, ranging from five to upwards of 20 years for some family categories. The Senate bill would initially increase visa numbers by more than 100,000 per year in order to reduce the family backlog; however, after the conclusion of backlog reduction efforts, the family-based quota would fall to 127,000 per year.

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  • PD073102VA
    03-19 10:49 PM

    I hope you are right and I am wrong. So, "special handling"
    cases do not go through labor certification at all. Do professors have to go through "special handling" labor certification?

    If you are right then it means that an advanced degree holder in STEM from a US school with 3 years of prior US experience will be able to apply for I-140 and I-485 right away.

    Thanks for clarifying.

    Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.

    Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.

    An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.

    Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.


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  • andy garcia
    06-13 09:26 PM
    Can I485 be applied through local USCIS office instead of the service center? if yes, whats the procedure?


    Employment-Based Applications

    If you are filing for lawful permanent resident status based on an offer of permanent employment in the US, you should submit your I-485 to:

    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    This includes an EB I-485 if you are filing a Form I-140, Petition for Alien Worker, concurrently with your I-485, or an I-485 filing based on a pending or an approved Form I-140.

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  • unitednations
    03-24 06:24 PM
    Can you throw some light... I am scared. Looks like you got some insider info.

    Not insider information but I do have access to a lot of rfe's and issues that are going on in the EB community:

    USCIS revoking approved I-140's
    USCIS adding up all 140's together and asking companies to prove ability to pay for all candidates together

    department of labor auditing just about every eb2 labor

    vermont and california service center giving very difficult rfe's to h-1b's - change of employers and extensions (they are actually denying them to)

    Consulates sending complaints to department of labor when h-4 goes for visa stamping and they see primary hasn't received paystubs from entry into usa

    companies closing down because fines/penalties from department of labor are too much.

    random visits from department of labor and ICE to employee homes

    IRS auditing per diems

    It really seems that the government is making a concerted effort in giving the employers and employees a very difficult time. Started getting tough in 2004 but have really ramped it up a notch in last nine months.


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  • devang77
    07-18 01:24 PM

    On the same evening.....Seeta and Geeta are shopping for tamarind in a nearby aisle....for some reason (I cant be more vivid than this) they notice eachothers tatto's; one has EB3 and one has EB2..........CATFIGHT


    Chicks with tattoos..catfight!!!...doesnt sound too bad now does it...not to hijack the thread but the example had a lot of 'skin' in it for me to resist...

    People that have been saying that IV supports this and not that please re-look at IVs agenda, nothing is hidden. The stated agenda is to try to make the employment based process better, the ENTIRE process. A piece meal approach does not work (proven in the past by legislation that tries to fix a portion of the system). The holistic approach may appear to be locally sub-optimal will be the best for the entire employment based community.

    In the interest of full disclosure and at the risk of incurring more back lash I must state that I am in EB2-I category.

    Cheers and hang in people...all of us are in this together..

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  • Tito_ortiz
    12-01 11:07 AM
    I agree. I realized that I was paying too much for my MBA from a top 15 school and I decided to put on hold for that exactly same reason. I received job offers from employers which were willing to pay 100% of the MBA. Of course I had to decline due to my status.

    Also, interest rates in private loan banks are very high. I thought more about it and decided to put the damn MBA studies on hold and wait until I can change jobs and let an employer pay the thing for me.

    My advice is for people to watch out carefully. MBA can get very expensive and you may just actually making your hosts happier, not necessarily you !


    Improving your own skills by doing Double MBA would not be gandhigiri.

    A course in history will teach us what Gandhi did for rights of Indians in South Africa, who were oppressed and had to pay more taxes than anyone else. He fought for those people. If we could even manage to perform a percentile of that , we maybe able to get our community's problems resolved. I am sure the people working in farms in SA had no rights and were treated like slaves, we however, are in much better position and different times than the late 19th century. Not sure we can get a Gandhi to lead us, but if we strive for Unity among the Retrogressed community we can defintely improve our situation.


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  • sandy_anand
    05-17 01:31 PM
    Pretty easy. It's the least one could do to hep themselves.

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  • sunnymit
    05-20 01:10 PM
    Me too... $50 contributed

    BTW, am not sure if everyone who is donating always comes back and updates this thread with their donation info. So the total number might be higher than expected..


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  • PlainSpeak
    03-29 08:05 AM
    Please Donate to IV Advocacy or participate in the Advocacy in person. This is for your own benefit and you are working for your own green card

    Garv Se Bolo Legal Immigrant
    Garv Se Bolo Regular (Not Highly) educated Skilled applicant for GC
    Garv Se Bolo EB3 I

    01-26 04:36 PM
    The problem is, that for all my efforts, people just don't seem to care. The only reason I had any success was the embarrassment I caused the government because of all the soldiers who were excluded. Immigrants in the US are viewed by most people as an unwanted scourge.

    My employer has also been no help at all. I have been looking for work outside of the US, but unfortunately, the economic situation makes that a bit more challenging. Sorry if I sound pessimistic. That is just my personal experience.

    I agree with you, immigrants (legal or illegal) will always be viewed inferior in this country and we will always be immigrants. I am not sure if I want this tag with me, my kids, their kids all their lives. Sometimes I wonder if this GC path is even worth it. Going through so much trouble every time there is renewal, there is stamping, stamping delays, so much scrutiny, no certainity of coming back once you visit home country, so much even after living here for 6 years and now this back log.

    If you read any news on immigrants and read comment section after it, you will realize the hate from people here in this country. Is it really worth it to live in this country, when people here do not want to accept us? No acceptance in community, such high crime. Yes sure there will be some exceptions along the way who will rise to top.

    Just to point out the difference the amount of celebration among blacks after Obama won. Was there such kind of celebration after Sonia won or Manmohan became PM from their communities? This shows the kind of differences people have. I am not saying things in India are great, or else I would not be here. Just wondering on my random thoughts if its even worth it.

    06-10 03:17 PM
    Looks like I will need to wait one more year :(

    Congrats to folks with PD before Oct 2005. Hopefully you should be getting your GCs soon.

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