Wednesday, June 8, 2011

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  • ramus
    06-13 08:18 PM
    Great....

    Way to go guys... I am very glad to be active member of IV.
    I called some of my friends and they didn't know about the news.

    IV keep is so well informed... Its like big family..


    Order Details - Jun 13, 2007 5:39 PM PDT
    Google Order #920448462249067




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  • IfYouSeekAmy
    08-06 08:39 AM
    Canada and Australia are good backup options. You want to apply for one of these countries as a backup while waiting for your GC.

    I m a new applicant for EB 3 gc born in india.....just starting my process......with my PD being sometime in later half of 2009,do u think canada is a better option?......EB 3 india right now looks like a good 10-12 years wait time!!.......pls advice about canada immigration and is it a viable option?




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  • pmurgai
    04-26 03:23 PM
    Thanks IV.
    Here's my one time contribution of $100 (receipt 5Y898678VG019823F)

    Keep up the good work...




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  • needhelp!
    06-23 03:17 PM
    paskal.. It is in the works. We have some enthusiastic members from Austin who have taken this up already.

    the 21st district appaers to include san antonio and austin
    any hope of someone going to the office for a meeting?



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  • gk_2000
    03-26 09:15 PM
    Here I will summarize why we are unable to work with each another


    Agreed 100% Porters will eat everything, there will be no movement.

    By this and a later post MC is showing openly brazen attitude toward EB3 applicants. Such posts should be first of all, banned from IV and I am going to report all such posts.

    Based on Visa Bulletin report, it seems like massive retrogression is likely for EB3 as well as EB2 :( for the rest of the year. Many have ported and some hibernating applications are now active. :(

    You wouldn't show this :( expression if it were YOUR hibernating application. Also see if Mr. Nathan's comment below would apply to you

    When I said that there should be one Item in IV agenda to Ban Porting, everyone got mad.

    I still say that they should be allowed to port but should go back in line. they are disturbing the balance. I am not against them, if they were EB2 candidates why they didnt file on EB2 category at first, if now they think they are qualified then they should start new process.

    BTW. they will create a big retrogression for EB2 then EB2 people have to port to EB3

    Red dots are welcome.

    Thanks

    This is the brazen post I was talking about earlier. Even MC himself acknowledges that this post is "unhelpful", and he is deliberately doing this. This gives a negative impression of how serious this person is. I would urge him to buck up and learn to work with everyone, and quit watching "balance" from his sole viewpoint

    I have done some study and can understand not many are porting. But there are few.
    But if we raise our voice against porting, they will raise theirs with double the intensity against spillovers. So I dont think we should throw stones on their houses, when ours are made of glass. Moreoever if we see the statistics, there is a HUGE # of EB2 applicants in 2007 onwards I think. Unless we all act together, its not going anywhere.
    I know many cases where newer applicants applied in EB2 and were much lesser in hierarchy than their bosses who are in EB3 and waiting. I think we must respect that, and more importantly as soon as raise our voice, they will not keep quite, right. You would also not keep quite if in their shoes.
    Best will be if IV comes up with some programs to reduce this backlogs.

    This is an "us vs them" argument. Not upto the standard desirable from IV point of view

    People with EB3 applications should be allowed to port. But these should be EB3 applications which were genuinely applied and not substitute labor which opened during July 2007 fiasco.

    Because a EB3 application with substitute labor in July 2007 has a priority date of 2002,2003,2004,2005 or even 2006. Where as a genuinely applied Eb2 prior to that, had the qualifications / job requirements before July 2007 and they are still waiting.

    USCIS should realize their mistake in 2007, it encouraged a pay to play scheme, which is putting genuine people at great disadvantage.

    Porting like any option was started with a good intention, but because of loop holes it has lost its meaning. There are people who landed in this country during the July 2007 fiasco, paid for the labor and have green cards in their hands now.

    Or at least provide the same level of stringent requirements to port like (EB2-->EB1) . Technically a EB3 can port to EB1 also, but porting to EB2 is easier. That way Eb3's can consume Eb1 number and stop spill over to Eb2.

    L1A is another one, where people qualify as global project managers with very minimal effort, could have less experience than a EB3 or in some cases they have reported to people in EB3 queue here from 2002 and are ahead of the EB3 within 6 months.

    Understand the realities here: IV is struggling to make even the most legitimate views heard and you are sitting and talking away as if USCIS and lawmakers are your servant. Go for the ONE thing to wish for that will solve all troubles, because you have only one chance.

    You wont talk about this crap/crab if you are on the receiving end.

    Good dialogue. Ironic how it applies to so many posts here arguing in the opposite direction

    The CRAB STORY also applies to EB3. Whenever somebody talks about spillover to EB2, all the EB3s are against spillover and making comments that it's not happening this year. It feels like EB3s do not want EB2s to get GCs. If porting is legit, then spillover is also legit and EB3s need to accept that.

    Porting was always there and porting must not be more than 300/quarter this year (other wise EB2 PD dates would have retrogressed or gone back). Porting was not something started in FY2011 or FY2010. However, I do accept that the frequency of EB3-EB2 porting has increased slightly due to more US companies outsourcing IT jobs (bad economy -> more outsourcing to reduce costs{check the stock of CTSH!} -> demand for consultants -> resulting in firms like CTSH and small consulting companies agreeing to EB3-EB2 porting to keep talent). Outsourcing will not always result in all the US jobs to completely move to outsourced countries (I guess smart people in this forum already know that).

    There will be spillover this year and EB2 PD reaching DEC 2006 by end of FY2011 is a real possiblity. There is no need for EB2s to get all worked up when somebody ports or EB3s to get worked up when somebody talks about spillover. There is GC pie for everybody. Just be patient or do something to solve fundamental problems with GC process ( by participating in IV campaign).


    -CinBoy
    "all the EB3s are against spillover and making comments that it's not happening this year. It feels like EB3s do not want EB2s to get GCs."

    are you yourself convinced of this? I highly doubt.




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  • andy garcia
    09-25 02:36 PM
    Most countries do not have 9,800 EB applicants every year - in fact, most countries use well under 1,000.

    The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.

    From the last report of FLC.

    80,029 cases certified between Oct. 1, 2005, and Sep. 30, 2006.
    55 % were issued for workers from just the five countries of India, China, South Korea, Philippines, and Mexico.

    _-Country ____ Cases ______%
    Of Origin ____ Certified
    India _______ 22.645_____ 28.3
    China________ 7,434______ 9.3
    S. Korea______ 5,330______ 6.7
    Philippines_____4,601______ 5.7
    Mexico________4,388______ 5.5
    Total _______ 44,398 ______ 55



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  • CaliGC
    06-14 03:17 PM
    Vinn,

    Here are just a few that I can think of rightaway.

    1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.

    2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.

    3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.

    4. Fee of EAD is being hiked to $340 per year.

    5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.

    6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.

    On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.

    EAD allows you to work any type/number of jobs that is the big PLUS though!

    TIA




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  • transfer
    06-01 02:31 PM
    Hi
    I may be layed off from Company A in a weeks time. They will immediately revoke the visa. If company B applied for my H1 B transfer an few days before this happens, what will happen to my status.

    Please reply immediately since this is urgent.

    Thanks



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  • bestofall
    06-23 05:42 PM
    I think we are making good progress

    Request every one to act on for our own cause/for our future




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  • gc_maine2
    05-01 01:24 PM
    we should not be slow

    Here is my Small contribution to a LARGE BILL

    Receipt ID: 5CM844923L690873H
    Amount: $100
    We are slow. Aren't we??:confused:



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  • H4_losing_hope
    03-03 10:13 PM
    I sent my letters today....

    Every letter counts to make a difference. Cheers :)




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  • gc genie
    06-13 07:40 PM
    Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
    lc approved for the future job
    i 140 pending.
    Are we eligible to apply for i 485 ..ead for a future job etc.
    I am on h4 .
    Thanks People.
    Thanks to iv



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  • desi3933
    03-20 10:13 PM
    Dude, I have to tell you the same, do not give misleading information. you need to have a full time position for H1B. there is a minimum number of hours per week that you specify on your Labor condition. 2 part time doesn't cut it. As I have mentioned before, you may have multiple sponsors but one of the sponsors should be primary and you work full time with him or the minimum number of hours per week as per LC. other one could be part time. But there needs to be 2 separate independent I-129's filed by both employers for you to do this.

    >> you need to have a full time position for H1B.
    Incorrect. H-1B can be filed for part time position. Refer form I-129.

    >> you may have multiple sponsors but one of the sponsors should be primary and you work full time with him
    Incorrect again. There is no requirement to work full time with one of the Employers. Hours are determined by job offer and hence mentioned in LCA. But hours could be 12 hours for both Employer A as well as B.

    Again, there is no requirement that one of the job must be full time.


    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • a_yaja
    07-05 08:04 AM
    I am planning on sending my spouse's application and my application on July 27th so that it reaches USCIS on July 30th. Anyone else planning to wait till the last minute to send the application even though they know that it will probably be rejected?



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  • gandhig
    05-01 10:42 AM
    Receipt ID: 5HW16907AP031790K
    Contributed: $100




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  • piyu7444
    08-05 12:10 AM
    If you are on WEST COAST (CA) I highly recommend KELLY WACHS.

    She will talk to you at length to answer your questions and will do every possible thing to make sure that your paperwork gets submitted to USCIS without any ERRORS. She is quick with email/phone calls.

    518 Ocean Street, 2nd Floor, Santa Cruz, California 95060
    Telephone: 831-457-2253 Fax: 831-457-0103
    kellywachs.com




    If you are on EAST COAST (NJ/NY) I highly recommend RK LAW and in particular POLLY CHAN / Shirley

    http://www.rkalaw.com/

    RUBIN, KAPLAN & ASSOCIATES A PROFESSIONAL CORPORATION

    200 Centennial Avenue, Suite 110
    Piscataway, New Jersey 08854-3950
    (Middlesex County)

    Phone: 732-463-7511
    Fax: 732-463-7648
    Email Contact:
    Shirley Yu - syu@rkalaw.com
    Polly Chan - pychan@rkalaw.com


    Polly is smart & will asnwer all your questions + will help you as mush as she can. If she does not have full info. on any item she will find out & then call you back with accurate information. Whatever information/answer she will have for you will be 100% reliable/accurate.

    I have had chance to work directly with both the above mentioned lawyers and have had EXCELLENT experience. I actually never had any problem with my immigration lawyers. :)

    If you need more information feel free to contact me.

    Good Luck!



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  • jkays94
    07-21 08:43 PM
    I think it is very important that all those seeking to file a case against the DOL review the Liberty v Chao ruling (https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2004cv0915-41). It will be very difficult to file and win a case prior to September 2007 unless one files a case in a different federal circuit. Note that the 485 and DOL cases were in the DC circuit which lawyer Rajiv has been cited as noting are averse to decisions against the executive branch of government.

    I quote from an ILW analysis (http://www.ilw.com/immigdaily/digest/2005,1011.shtm) (I believe I had posted this elsewhere):

    However, the plaintiffs in this case have made it somewhat easier for future litigants similarly situated in that DOL has provided the District Court with a projected timeline for adjudicating the massive DOL backlog, the failure to do which may make future courts more sympathetic (see p. 16). This case also provides a helpful list of cases arguably on point which other district courts in other circuits may find more persuasive than those cited by the District Court in justifying its decision (see p. 15).




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  • sheela
    06-26 02:59 PM
    I don't know how to start a new post so place here....

    I was working on a H1B.
    Husband - who is the premary person applied for Green card. When his priority date was current he applied for I-485 for both of us.

    After getting my EAD I started working on EAD for 1 month and got the paystubs for past one month. Now looking for new job.

    Which status Am I - H1B or EAD...:confused:

    Now If I am on EAD can I take a break for 3 months before the next job offer.

    Thanks for your replys in advance....

    Once you start working on EAD you are no more on H1B. Your future employer can apply for H1B for you. Your previous H1B is automatically 'abandoned' as you used EAD




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  • nixstor
    06-26 01:38 PM
    Lets do the best we can. If it does not work, we are no worse than where we already are.

    A group of us just went to Lamar Smith's Austin District Office and detailed his liason about the bills, benefits and information about IV. She said she will have them Fedex'd today to their Washington office and keep us informed about congressman's stand.

    Great job LSK,

    Please follow up with the local office and encourage your local friends/family to call.




    sanan
    06-14 08:53 AM
    Yes they do!
    I have the same question - Do dependent spouses get EAD even if dates retrogress after applying for I-485?




    wizpal
    07-02 09:34 AM
    Rep. Smith hasn't made a stand on these bills yet and his support is instrumental. If you already called him..make follow up calls. More calls is always better.



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