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  • mnkaushik
    08-26 02:37 PM
    I sent an email to my congressman immigration staffer on Monday, about my spouse's case ( EB2 I, Dec 2005). Got a snail mail yesterday that they did not get a response and are still waitng for a response. Today, i called their office and they said they got a response and the case is assigned to on officer and wait till September 10th. My wife had spoken to 2 tier support on Auguts 5th who said your case is assigned to an officer and you are pre adjucated. We also got a response to our SR created on August 5th, which says case under review. I guess the wait goes on.




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  • sam2006
    07-20 10:53 AM
    Sam2006

    I think you didn't notice my message.


    Looks like you haven't filled in your pledge amount. Could you do please ?

    Thanks
    Anzer

    but i had already paid 100 yesterday
    is there any way to divert the funds i paid yesterday to this funding drive ?




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  • vinabath
    04-23 03:34 PM
    any one who tells to be cautious is a desi employer or a silent partner. Any one wonder to ask the thread starter

    why in the beginning he chose a desi employer and signed a non-compete clause?
    why did not get his H-1 done with PF?

    every one( desi employer and h-1b employee) have weaknesses and strong points.

    H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.

    I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.

    I thought of starting a desi consulting firm and realised it is a lot of pain.

    Desi employee

    1. wants 80% and may be 90%
    2. bare h-1 cost
    3. bare gc cost
    4. bare insurance cost
    5. pay salary on time
    6. pay umemp, ss taxes

    in addition to the time employer has to spend time to do all the above tasks.

    end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.

    end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.

    it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.

    how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.

    every knows how the game is played.

    another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.

    another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL

    another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.

    I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.

    Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.




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  • sanjeev_2004
    10-08 01:15 PM
    It already does, if you have an approved I-140 based on your LC.

    For old PD, pending I-140 should not be bottleneck.

    PD should be first criteria but US experience should not be ignored completely. US experience should be giving less point then PD.

    10 points for each month for PD and 1 point for each month for being in US. GC priority should be created after calculating total points for PD and for being in US.



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  • fetch_gc
    09-05 11:39 AM
    Hi Guys,

    Self and Spouse 485/131/765 applications reached USCIS@NSC on July 16th,2007.

    No signs of any receipt notices yet??

    pls count me in.

    NSC EB3 INDIA
    (SUBST LABOR,NJ)
    PD:APRIL, 2002
    I-140 AD: OCTOBER,2005
    I-485/131/765: Sent (arrived )on 07/16/2007
    Notices??????




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  • ArunAntonio
    07-09 06:59 PM
    Amit,
    Can you post the template of the email you are sending to the reporters.

    - AA



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  • rs_123
    02-10 07:23 AM
    I am sending a $50.00 check today.




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  • chi_shark
    07-09 02:55 PM
    I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.

    IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.

    Fittan

    payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).

    the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)

    i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...



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  • harpomarx
    09-09 11:22 PM
    All 9 of my checks for myself, wife, kid were cashed on Friday.

    Filed at Nebraska SC July 6th (sent July 5th).

    EB3 RoW
    PD Oct 2003.




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  • dtekkedil
    07-03 12:11 PM
    Wouldn't hurt!

    Is there any way that we can easily let people see the link and the message etc? Instead of quoting it on every page?



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  • mksusa
    05-23 05:45 PM
    I mad phone calls to each and every senator mentioned in the list as well as to my states senators. Sent emails to all of them.




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  • the_jaguar
    12-12 09:04 PM
    If you think it is that ridiculuous, then you should tell the core members that. They did ask us to call him on the last day of LD. There is nothing wrong in writing to him. In fact, you are making a comparison that is not correct.

    Actually, it was an exceptional situation. As you are well aware of, we had to get an unanimous consent if the skil bill were to pass in the LD, so, we needed to have Session's approval. To deflect the situation, he just said that his office hadnt received any positive comments.. When we ended up jamming his phones and gave all the positive comments, what came out of that, nuthing.. he did not budge from his stance.. It was just a ploy and even if the entire US of A had called him, he would not have changed his stance.. He had to score brownie points from his supporters. He knows that the Skil bill will be passed next year, and may be some form of CIR even.. He can then blame it on the democrats and stand for re-election in 2009 with complete support from his supporters..
    Its all a gimmick for votes. This is politics, same thing in every country, just more sophisticated here...



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  • imconfused
    07-08 11:22 AM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.

    i agree.. thats being professional and ethical..




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  • belmontboy
    09-24 01:08 PM
    The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)

    I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.

    Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.

    This is very simillar to labor substitution...

    Thanks for your "sincere" concern.

    There is no abuse in porting, don't worry about it.

    Porting happens as prescribed by law, unlike Labor substitutions which was being sold for $$$. These days its not easy to get filed in EB2 - as the labor market is very bad. If someone gets through, then they really deserve it .

    Don't get paranoid about porting. Porting is there for a reason and will stay. Doesnot matter whether you like it or not!



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  • andycool
    08-24 05:58 PM
    Got the CPO email at 11 PST today (8/24) !!!

    Priority Date: Feb 12, 2006
    EB2 India, NSC

    I opened an SR on 8/9 but I haven't received any response to it. I didn't do anything else.

    A huge Thanks to IV and everyone here - you kept the hopes up.
    I'll contribute more as soon as I get my head out of the clouds :)

    Thanks and Good luck!

    Got CPO today..
    Priority Date: Feb 21, 2006
    EB2 India, NSC

    Thanks every one




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  • Lasantha
    02-05 11:36 AM
    I don't think the Canadian officers will ask you that question. But like someone else said on this thread that question may be raised by the US officers when you return. I am curious to know about this myself.

    Aslo (I don't want to scare you but thought you ought to know) there's another discussion going on here http://immigrationvoice.org/forum/showthread.php?t=17061 where the US officers at POE in SF airport raised an issue saying that AP can be only used for imergencies. This looks more like an isolated case but I want everyone to be aware of that case.



    In my case, i do not have a valid H-1B visa stamp. I recently visited India and used Advance Parole. Questions related to this

    1) do i need to surrender my PAROLE I-94 before departing USA?
    2) does canada immigration officer ask me why i have applied for canada gc while my USA gc is in process?:confused:

    Thanks.



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  • pani_6
    08-18 01:48 PM
    DO NOT post such baseless allegations.

    IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.

    Curious Techie..Core is you and me and dont post such things..but for the core EB-2 would not have been in a postion that it is today..they worked to get this done...you can request them in thier next meeting to bring this issue with USCIS\




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  • delhiguy
    07-07 08:53 AM
    Please go back .Why wait for the change in law .No one is stopping you . Dont discourage

    I am not discouraging , i said "i wish i am proven wrong"
    Even Attorney Khanna said the same.




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  • psgupta9
    05-23 04:39 PM
    SORRY Fellas, I cannot send this out unless the provision for H1b nenewal be added to it. I know IVs main concern is reg the backlogged GC cases, however, I would request that future of the H1b should also be addresed. I now feel that even contributing to the IV was a mistake because you are not taking a broader view of this issue. Please try to include the clauses affecting H1bs also in your letters. Particularly simple technical aspects like renewing H1b beyond the 6 years period is a MUST and one of the things that can be MOST easily achieved if asked for.
    Guys,
    The H1B renewal beyond six years is very important. People's Labor has been Pending for 5 years or more. Mine has been pending for over 4 years now, and I am already on 10th year H1B.
    The Section 419(D): which talks about AC21 for renewal is really important.

    This Bill is being done, to help people who have not followed a single rule, and this thing is going to have people waiting in line, to be removed from the process is really unfair.

    This should not be allowed.




    pvpb
    09-26 10:55 AM
    Hi ,
    I have filed to NSC on August 2nd. Reached the cenetr on August 3rd. I see that many plp filed after me got RN's..anyone else in the same situation as me.

    Thanks
    Venkat




    hindu_king
    05-08 03:17 PM
    I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?

    Absolutely we should do it. It's going to be expensive but we should at least try to talk to a lawyer first and find out if this is winnable. Lawyers can quickly examine (for some hourly fee) and determine if indeed these Country Caps are a violation of US discrimination laws. If Lawyer says we got a point to argue then we can ask the lawyer what the costs are going to be to bring the lawsuit. Thats part 2 and thats a different story. If it's going to cost something like a 100,000 dollars, we can try to raise the money somehow. or maybe we can make it part of the law suit that if we win the case, the losing party will pay the legal fees. we need to talk to lawyers first about this issue and we can do it individually.



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