Thursday, June 30, 2011

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  • mike_2000_la
    06-12 01:12 PM
    My attorney told me it should be 1.5 months after the receipt date. But with this unprecedented volume, who knows...


    I dont think there is the so caled "unprecedented volume"





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  • morchu
    05-09 04:12 PM
    Well... you can do nothing to bring McCain back. So there is no point in blaming Obama now.
    The right thinking process should be how we can educate Obama administration, and bring him to your favor.





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  • rajesh_kamisetty
    07-02 09:08 AM
    Hindi math bol. Yeha peh sirf English bholna jaruri hai :D

    Just kidding.... Please use English for the benefit of non-Hindi folks. And I am not just talking about Desis.

    Tum log baawle ho gaye ho jo package tracking ke liye thread khola hain. You need serious therapy.





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  • diptam
    06-27 12:26 PM
    Another clause which dreads me ... "Waiver of Rights"

    5. Employee also understands and acknowledges that there are other state and local human or civil rights laws as well as other statutes which regulate employment, and understands and acknowledges that the common law of contracts and torts may regulate employment in some fashion. Employee hereby waives and releases any rights he may have under these or any other laws or contracts with respect to his employment and termination of employment at the Company. He agrees to give up any claims he may have against the Company, alleging that they have (a) discriminated against him, (b) breached any contract with him, (c) committed any civil wrong (tort) against him, (d) sexually harassed him, or (e) otherwise acted unlawfully toward him.


    >> Can there be agreements with open ended time periods
    No. Usually agreements define maximum time period or a condition (whatever happens first).

    Here is one example. An actor may agree that he won't sign any other role until this movie is completed or 12 months from the agreement date.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com



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  • maverick_joe
    05-12 12:37 PM
    are they talking abt EB3 I or ROW or both here?

    E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

    Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.


    June VB is out !
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html





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  • peacocklover
    09-09 02:48 PM
    Important thing that needs to be changed from USCIS side is for EB GC applicants who get their 140 approval and waiting to file 485 from certain time period like two yrs or more USCIS should allow them to file for 485 irrespective of the current rule 'PD has to be current to file for AOS'.
    Otherwise it's a clear loop whole in the EB process..People can't wait that much long to file for AOS for changing business trends or in this economic downturn (which force them to change of job).. USCIS does not loose anything in that case and can make more money if the applicant resumes the process with different employer. Biggest mistake was made by USCIS in July 07 by allowing everybody to file for 485 with out caring people who were sincerely waiting in the line and who were waiting for PERM approvals in full time positions unlike most of Desi consulting based GC applicants ( who used substituted labor by paying 1000s of dollars to their body shopping based companies who misuses the system always) . DOL and USCIS should examine and punish each applicant of substituted labor (who got their GC in 2 to 3 yrs time period through desi body shopping companies).

    Sufferers of the existing system are EB2-I,EB2-C, EB3-C and EB3-I GC folks (Indian and chinese applicants). Existing system neglects EB3 folks.. it's gonna take 10yrs for them to wait and apply for 485 as per Today's date. :mad::mad::mad:

    You are wrong. There have been lot of changes. Two year EAD for one. And how about EB2 category moving to mid 2006 so most of the EB2 people before that have got GC or will surely get it next year. The only thing that hasn;'t changed is EB3 India. It was stuck in 2001 at that time and still is in 2001. It will crawl to 2002 in the coming year but that's that.



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  • ujjvalkoul
    06-26 05:14 PM
    Everyone is just frustrated....I pity our condition.
    But just live life King Size....dont think about it too much. Almost everyone of us has family back home we can always find a great job and go to.

    There is positives to everything....





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  • FrankZulu
    08-25 12:39 PM
    Folks

    Can anyone advise on what docs to take along for an Infopass appointment?

    The result of my SR was a recommendation by them to set up an Infopass. Going there this Friday.

    Thanks for any advise and guidance.

    Photo ID (Lic. or PP)



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  • sam2006
    08-30 05:10 PM
    Hi Lisap
    How come you have EAD card even before the Checks have been cashed?
    i thought Uscis first cashes the checks
    thanks



    FYI I received my EAD card this morning!!! I know yours are all coming soon! It never updated online it just said that the approval notice was sent- it never said card ordered.





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  • test101
    07-08 12:08 PM
    I think more than anything we need organization. We need group of volunteers that focused on different tasks. for example a group of people call congress and follow up and post updates.

    group of people lead the flower campaign and anther group wrk on informing the media

    there should be a group organize the rally and contact people to sponser.
    Again avoid the 21 of july because the media would cover HP book instead of the protest.

    here is gazalion post of the same subject.. we need organization

    Guys I am looking at this thread for the first time today and want to put some comments:

    1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.

    2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.

    3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.

    BUT, you know what we are missing?:

    1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?

    2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?

    3) No usage of the library notice boards.

    4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?

    I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.

    Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.

    As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.

    P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.



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  • vicks_don
    06-09 04:34 PM
    probably Texas, that is where my I-140 was approved.


    Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.

    Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.

    Don't want to lose another dime on cancellations and re-bookings.

    Advice and share your thoughts.

    Not sure when you are planning to return to US. They will send you fingerprint notices with in a month I guess.





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  • blacktongue
    11-18 01:39 PM
    I will donate 100 dollars if they make any changes in DREAM Act wrt to Employment based immigration.
    Even I participated in the campaign, but I don't think it will impact anything for us.

    To who?

    And why only $100?

    Is Greencard $100 worth for you?



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  • vikramy
    05-23 01:48 PM
    Sent Emails to all including 2 AZ senators





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  • gc28262
    07-19 07:56 PM
    My thoughts:

    I understand and share the despair and hopelessness felt by EB3 guys.

    Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.

    Spillover issues:
    Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.

    If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.

    Here is an official IV discussion about spillover rules:
    ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)

    Visa spillage rules
    There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.

    If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.

    Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).



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  • raju123
    07-09 06:42 PM
    woowww great news. keep up guys. tomorrow will be our day. I am sure media will have big attention on this issue!!

    It would be great, if few people remain present at USCIS HQ. DC, VA, MD people please it is golden chance !!




    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD



    Message from USCIS Director Emilio Gonzalez

    I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

    +++++++++++++





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  • hydboy77
    05-08 04:13 PM
    This is nothing but blatant discrimination. There is always a great fight among Americans about affirmative action. Affirmative action is not reservation quota like in India, its about trying to do something to help minorities. There are no fixed quotas in affirmative action. Even for this there is fierce debate.

    Now we have to make our case to the American public and politicians. Even if a nominal affirmative action can rile up the whole American society from state and local politics all the way to the Supreme Court how discriminating is it for half of million Indians who are tax paying legal workers to get only 7% of the yearly visas. This is outright discrimination. Maybe the framers of the law did not see this situation coming but thats exactly what happened and we should make our case for the removal of the 7% limit. Only then will American dream triumph. Ignore the ROW people (I am not insulting ROW by saying ignores them) obviously they have a good thing going so they will oppose it, ignore them and highlight our plight. we EB immigrants are not diversity immigrants, we came here on h1b or f1 which has no country limits, when we are hired we were hired based on qualifications not based on country of birth so why discriminate in the EB green card visas which are purely for employment purposes. Let’s devise an action plan which highlights our pitiable situation, for example here is my case

    Came to US in 1999,
    Graduated with MS degree
    Living in US for 10 years now and still nowhere near a green card.

    I am not articulate enough to capture our suffering in an essay\letter but we should formalize this and do a campaign like flower campaign or write 100's of thousands of letters and try to get media publicity like during flower campaign to highlight our plight, otherwise nothing will come out of it. I have not seen a single article about the exact reason for the green card delay for Indians. there are only general articles but nothing specific about this 7% limit which is causing this problem. Unless this is exposed Indians will end up in this mess for ever untill we die or are kicked out with endless Employment verification letter, birth certificate rfe etc etc etc.


    The EB-2 category for Indian nationals has retrogressed four years and will be set at January 1, 2000 for applications received beginning June 1st. If you are from China, the backlog is five years less - February 15, 2005. And if you are from any other country in the world, there is no wait at all. I am really appalled that Congress allows such an unjust distribution methodology to remain the law. No country is permitted to claim more than 7% of the numbers in a green card category. That means tiny countries like Andorra and Botswana get the same...

    More... (http://blogs.ilw.com/gregsiskind/2009/05/june-visa-bulletin-reveals-terrible-news-for-eb2-indians.html)



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  • mashu
    08-13 02:55 PM
    Yes, I've read it before in this post that there is no connection between LUD(Last Updated Date) and Receipt Notice.

    This is my concern: why LUD should change and REALLY changed on my more than month ago approved I-140:confused:





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  • test101
    07-09 05:17 PM
    awsome ...did you get the list of emails i sent you via email :)





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  • akhilmahajan
    02-10 04:43 PM
    Thanks a lot AK_GC.

    Grand Total - $1260

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.
    Unique Transaction ID #0LL24091H0267991J





    walker15
    08-26 05:22 PM
    I think anytime 6 months before the expiry of your current H1B extension.





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    Try this link one more time ..

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