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  • xyz_123
    07-21 04:50 PM
    I work for a Fortune 100 company and they have recently denied my request to convert my application to EB2 because its very hard to complete the recruitment and also they are afraid of an audit.

    If there are options outside I wouldn't even think for a second, but there aren't that many employers willing to deal with the green card mess.




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  • SleeplessinSeatle
    08-18 12:12 AM
    LUD on 08/05/07

    Other details are in signature.




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  • unitednations
    03-08 06:41 PM
    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.
    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! 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 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.


    I feel where you are coming from; I am also from the waited four years to get approved from filing 485 club.

    btw; every person I know of from India who has gotten green from October 2008 were those eb3 guys who converted to eb2 through perm labor. I have a feeling that this is going to cause a lot of stress to eb2 as many people have been able to obtain old priority dates through eb3. Maybe not much solace but with perm labors taking 9 months to get approved now (most recent approvals were filed in July 2008) it does help India a bit. It is taking longer for eb2 ROW to get into 140/485 que and would cause more visas to be spilled over. If labors were getting approved fast then there would be less spillover in this fiscal year.

    Department of State is really playing with people with their continuing change of how they are interpreting the law with regards to visa spillover. In Mid 90's I left USA (one of the reasons; not main reason was because I was told it would take about three years to get greencard; looks like a small wait compared to now).




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  • waiting_4_gc
    08-26 10:49 AM
    July 5th filer.

    Checks cashed on 08/13
    Receipt notices received on 08/20.



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  • franklin
    07-11 12:49 PM
    http://immigrationvoice.org/forum/showthread.php?t=6365

    Admins, can we close this thread and replace the action item link with the thread above for this coming Saturday's rally.




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  • akkakarla
    10-08 04:54 PM
    Nobody is opposing it..it should be based on years of exp in US..I applied mine in 2001 and got laid off and now I have a priority date of jan 2007..is that FAIR?

    So you are laid off so what is the big deal? You should be able to negotiate somehow or escape layoffs by doing something or the other. There are people in my company who survived 6 layoffs. Your layoff is your problem and nothing is fair in the globalization.



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  • sandiboy
    09-07 11:22 AM
    Hi all,

    Got my EAD (the actual card ) and the AP today in the mail. Details are as follows:

    EB2 India - Filed Sept 06
    140 Approved by TSC in Apr 07
    485/EAD/AP Filed on July 2nd at NSC (R Williams 9 :02 am)
    LUD on 140 - 08/05
    Recd EAD and AP - 09/06

    Have not received 485 receipt or FP notice. EAD and AP are from CSC - I recide in CA.

    Good luck to all those still waiting !

    Do your receipt nos start with SRC or LIN in this case?




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  • nousername
    02-02 01:14 PM
    Minimalist....
    First off, do not generalize H1 to IT industry only.. Trust me, Indian are present in other fields also and they are doing well there :)

    Now about your comments, so I guess you truly believe in jungle raj.. Basically, do whatever you think benefits you.. Forget about what other people might need. May be you don't understand the mean of "society" and what makes humans different from animals. Sad, very sad..

    About your example, I hope that does not happen to anyone but if it does then yes the employer should pay for the return flight back home but please do not mix two separate issues.

    Anyway, I do not think I need to waist any more time with you because you fail to understand the underlining issue.

    Good luck with you immigration because that seems to be the focus of your life.

    nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?

    Ideally your employer should rescind your offer and buy you a ticket back home.
    But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.

    Is it illegal? Yes. But there is a risk for the people involved.

    Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.

    In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.

    You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.



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  • piman2100
    11-18 09:56 AM
    Sent the email. Will communicate it to my friends.




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  • knnmbd
    05-03 03:53 PM
    Thanks bkarnik,
    Does it mean those who PD is not current can pay more and file for AOS or those who pay more get faster adjudication?
    --MC
    Only if PD is current!!!



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  • chi_shark
    07-10 11:28 AM
    so this case has some merrit, however, the very core of this case is based on the employment being annually renewable. which means that the petitioner had to take periodic active action to be employed with the university employer... thats where the argument broke down for the petitioner... further, it is VERY GOOD to know that USCIS actually made an attempt to consider this emloyment for I-140 approval. it is good to know that they deliberated and then decided to reject instead of summarily rejecting on prima facie facts. one more very good thing to know (and avoid for ourselves) is that the petitioner in this case represented himself (no lawyer). its possible that if there was a laywer involved, they could have brought up some more documentation or at least shown the light to the university's staff as far as requirements are concerned. further still: no talk was engaged into as far as ability to pay is concerned. FURTHER FURTHER still: this case is about I-140... and we are all talking primarily about I-485 and AC21 cases within....

    looks like this case actually tells me that maybe we could do self-employment easily...

    Link to EB-1 case where I-140 was denied because job offered was not "permanent".

    Link
    http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf

    As per this document
    .




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  • smsthss
    10-01 01:34 PM
    Hi

    Both and spouse and I received my receipts for our I-485, I-140, EAD, AP 09/19/07. On 09/24/07 we received fingerprint notice and on 09/27/07 we received our EAD card. I am quite surprise by how fast it came. Here are my details :

    Priority Date: 10/15/04
    Type: EB3
    I-140/I-485: Concurrently filing at NSC. Receipt date 07/07/07
    Checks cashed: 09/10/07
    Receipts received: 09/19/07
    Fingerprint appt: 10/09/07

    Fittan
    both me and my spouse also got our receipts for I-485/EAD on Sept 24th. Filed on July 20 (NSC). We received transfer notices (CSC TO NSC) for I-485 on Sept 28th. Received EAD card on Oct 1st. Did not receive FP notices yet. Any idea how long will it take to get the FP notices after receiving all the receipts and EAD card?



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  • forever
    08-03 03:10 PM
    I hate to get into the intricate details of how our receipt notices are going to be processed at NSC,TSC or LUDs etc., But after going through so many threads for 2 weeks, I thought I can write up something on Friday afternoon.
    LUDs: This may mean some processing on our files whether it is approved I140 or approved H1B. My first H1B of year 1998 got LUD as 07/07/07, year 2002 H1B got LUD in June 2007 and I-140 LUD as 07/28/2007. But in the current 485 context, I think NSC is updating our I-140 files based on current residence and putting some flag to segregate files for NSC or TSC. Seeing few threads, what I noticed is if someone living in NSC jurisdiction states like Illinois, Arizona etc, NSC started issuing receipt notices irrespective of where his/her 140 approved. So here is the matrix.

    Living in I-140 approval File destination

    NSC NSC NSC
    NSC TSC NSC
    TSC TSC TSC
    TSC NSC TSC

    If someone has contradictory scenario, please speak up.




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  • alias
    08-18 01:12 PM
    Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
    There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
    Several of us have writtent to Ombudsman, Director but of no avail.
    Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.

    Didn't someone took up the EB3->EB2 porting issue already; can't this issue be clubed along with it? ek teer se do shikar!!



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  • StarSun
    02-23 08:21 AM
    Transaction ID: 0HV49363NW0956225
    Description Unit price Qty Amount
    Donation to Support Immigration Voice (User: imm_pro)
    $500.00 USD 1 $500.00 USD
    Subtotal $500.00 USD
    Total $500.00 USD
    Payment $500.00 USD
    Payment sent to donations@immigrationvoice.org


    I will not be able to attend the event due to personal reasons;so am trying to compensate for it by atleast contributing sincerely to the event.Hope this will inspire some of the members who are still trying to decide wether to contribute/volunteer or not.

    Thank you imm_pro for your generous contribution.

    Thanks to all the members who are helping in any way possible to make this advocacy effort a success.

    Thank you Tonyhk12 for keeping track of the contributions.




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  • JunRN
    10-04 08:22 PM
    EAD Receipt # is different from i485 Receipt #. What i know though is that i485 receipting is a pre-requisite of EAD receipting.

    Congratulations!



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  • anzarafaq
    03-11 08:54 PM
    The annonymous member who posted this message has not even logged back in to this website after posting the message and we are discussing this topic for days. If you start a new thread, dont just start it and run away. Try to see and respond to the discussion. If you post a question and your question is answered, it is always good to thank members that answered your question. All this helps build the community.

    Well, I am not annonymous and not ran away :). I read all the posts here and having a sense of "belonging". And the word "helpless" comes to mind.

    Thank you ALL for responding to my post.

    I also sent an email to my congress-women and lets see if go through.

    Thanks again to all of you out there.




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  • siva008
    11-17 03:27 PM
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  • sanjeev_2004
    10-09 12:26 PM
    how about based on salary?

    everybody maximize their own utility.

    do you include bonus in salary or not? i want to understand more clearly.




    smbaps
    08-01 04:32 PM
    I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
    if I-140 is approved at Texas.
    Has anyone have any idea?




    grupak
    08-08 10:06 PM
    GCCovet/Mahujam,
    - How did you find out about the LUD?
    - What is soft LUD vs. hard ?
    - what are possible reasons of an LUD ?

    Thanks in advance!

    Go to uscis.gov, click on the "case status online" link on the left, then click on the "register" link on the left. Then follow instructions ...

    Once you have created a "portfolio" with the SRC/EAD numbers... there will be atable with LUD dates. Soft LUD is just a LUD without any change in status message. Hard LUD is when there is an actual update in status.



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