Saturday, June 18, 2011

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  • msgrewal81
    02-18 05:40 PM
    this bill would allow to adjust status to GC, if you lived for the last 5 years continuously except for casual absence. It does not eliminate H1B, but makes it tougher at advertisement stage for EB.


    Where did you read that "except for casual absence". Because that might make it go or nogo for many people.

    There would be many people who might have gone outside US to India or so for a month or so for maybe twice in last 5 years. Will that count as casual absence and forgiven ?
    eg. my wife will be in US for 5 years in August'09, but she has been to India atleast twice for 2 months and 1 month respectively during these 5 years.





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  • andymajumder
    11-10 09:11 PM
    I am with you and willng to contribute, but unless we are united and willing to take some action here, there's no hope. Even people who get approved now, never come back to contibute a penny - there has to be some provision of visa recapture.





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  • HV000
    02-14 03:22 PM
    Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.

    I was talking about ONE line. How can you say ROW folks have an equal chance when majority are Indians, Chinese, Filipinos, and Mexicans? ROW will NOT be able to compete with MAJORITY (Indians/Chinese/Filipinos/Mexicans) put together. Keep in mind ONLY 140,000 can clear the checkout per year.

    This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.

    Your statement - "Unlike NOW, where some people wait 5-8 years and others 1-2 years" is very simple to explain. People wait longer because they usually belong to OVERSUBSCRIBED countries.
    Few ways to alleviate this situation is -
    1. Increase the overall quota beyond 140,000
    2. Increase the quota of oversubscribed countries slightly based on demand
    3. Recapture unused numbers from previous years

    What WILL NOT happen? - Removal of per country quota for EB Visas!!





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  • mirage
    02-03 10:38 AM
    I spoke to Congresswoman Zoe Logfren's staff few days, back and they specifically pointed out on the country quota issue. I'm sure lot of lawmakers are aware about this issue, I wan to give it a try, guys who think it is an unfair system, please PM me, this is my own initiative so no there is no arguement on whether IV supports this or not...



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  • silibili
    06-10 04:40 PM
    done





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  • americandesi
    12-24 01:46 PM
    Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.

    Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.



    You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351



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  • newbee7
    07-09 04:32 PM
    You chose to ignore this from your post
    when we were certain the process will be completed very shortly

    certain = 100%

    You are reading what you want to read.


    __________________
    Not a legal advice.
    Certainty is releated to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."





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  • chanduv23
    02-15 06:57 AM
    I moved to a desi consulting company after I got layed off in 6th year of h1b. Things have worked out well after that and I got extensions as well as good salary everything is good, 140 approved, paperwork excellent etc.... But recently I asked my lawyer for a copy of my L/C and i 140 petition and she refused to give, then my employer requested them to give it to me. They gave it but they started picking me for no reason, they got into a verbal rift with me and finally I had to talk to my employer and we deicded not to use their services anymore just for my case, because my employer was bullshitting to me that "Chandrakanth" is the only person having problem with the lawyer so "Chandrakanth will have a different Lawyer".
    In general, there will be similar problems to any consultant, in my case, just the fact that my employer does treat me a bit fair and is willing to help.
    So when you deal with consulting companies, be careful, not all employers will tend to support consultants.
    I am now looking for an excellent lawyer who will straighten out things in terms of documentation and avoid mis representation of facts on my petitions (485 - long way to go). Till date, my current lawyer considered me a pain only because I was going over every petition of mine checking for discrepencies and they were not comfortable about it.
    In general - based on what is going on in background during retrogression, consulting companies are under extreme sccrutiny for mis representing facts, so follow up ur petitions carefully.



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  • ashishgour
    09-10 02:03 PM
    Guess they had an extended lunch session...!!! Finally back..but no discussion yet...





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  • jungalee43
    06-11 09:45 AM
    Done.



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  • anurakt
    11-17 12:49 PM
    That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.

    I don't care if the company is kind enought or not. Damn it .....it's my life and I want to control my own destiny.... a green card , red card, yellow card cannot make me beg anybody !! I have decided that I will keep switching on extensions and keep getting three extensions ....

    If CIR / SKLIL happens , it would just be a bonus. But I will definitely help IV financially and morally all the time.....

    EVERYONE SHOULD CONTRIBUTE AND MAKE SURE THAT WE WIN OR LOSE IT DOESN'T MATTER ....... WHAT MATTER THE MOST IS THAT WE GAVE OUR BEST SHOT AT IT.... AT THE END OF THE DAY YOU DON'T WANT TO FEEL THAT U DIDN'T TRY ENOUGH TO KILL THE CROCODILE. !!

    I URGE THE MEMBERS TO KEEP CONTRIBUTIING TO IV.... NUMBERUSA HAS TON OF MONEY TO PUSH THEIR SIDE.....





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  • prinive
    02-21 10:22 AM
    Thanks... But I dont think so it will happen... Any how if it happens, a bag of sugar for you...

    Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.



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  • anurakt
    11-19 09:53 AM
    Well said anurakt! I did the same - recently changed my job and restarted the process. At the end of the day better prof. experience will give value add - not an immigration status.

    Having said that - I support IV and stand by it. I admire the attitude and am proud to be a part of the group. The immigration situation is very frustating but I'll not allow it to 'control' me.

    Cheers!


    It took a while for me to understand this situation. Now I am very clear on what I will be doing istead of tying myself to a bs immigraion system this country has. I ran after two things GC and Money ....running after GC didn't do any good....stuck with an employer.... salary below market value same position all the years....but I have decided I will run after money now.... so in current situation I have more money better position...less mental stress .... If I get GC... good ....else I will go back to my country with total financial freedom. Make my money as quickly as possible. We are all here for money and nothing else ...thus GC should not be an end to life....





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  • stucklabor
    07-24 10:15 PM
    .. there should definitely be some policy interpretation at the discretion of the USCIS

    1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application

    2) If you are interpreting it based on the words ....

    "an immigrant visa is immediately available to him at the time his application is filed"

    Then according to 245(a)(2)....

    "the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "

    ....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.

    Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.



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  • tikka
    07-04 08:32 AM
    Veerug,
    I understand your concern. But $5000 was just number put by me as target.. I am sure we need more then that.. I feel if we put some target then people contribute and try to achieve it. But core member never said we just need $5000. So please don't stick with that number.. That number was just target that I thought we could meet. If you ask core members they going to say that we need more then that. As you know everything needs money.. Core is putting their time and mmoney and doing this all for everybody.. At least we can do is act on their action items.

    Hope this makes little sense.
    Thanks.


    Based on the volume of folks logged in funding team sets a target.. to be reached.
    Veerug if you have not can you please DIGG!!

    if you have many thanks :)





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  • ronhira
    03-12 12:24 PM
    So now only paid people get access to information. Why don't you start contributing now?

    I am not on any side and seriously want atleast the bashing stopped. But don't want some piece of jerk doing this for sake of passing time. I would consider Ron Hira a better candidate to counter bashing. He is paid (thats what it shows on his status as "donor").

    More, I sincerely don't believe that paid employee of competitor can do this. 2 reasons:

    1. By any kind of conversation, site gets more traffic. Thats exactly competitors don't want.
    2. This could lead to serious legal issue and opposites can lose their shirts.

    I think the people on opposite sites are some old finger burnt people from IV itself like Kumar. Think what Kumar will do if he is banned from IV today for harsh bashing!


    gckaMara.... i love u for volunteering me for doing something.... not sure what..... but that's ok.....

    btw.... greyhair is just giving excuses...... but u look like someone who cares.... y r u not a donor....



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  • hsm2007
    09-23 10:03 AM
    Hi All,

    Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.

    My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.


    If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.





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  • imh1b
    11-16 04:25 PM
    To the original poster of this thread: Why don't you go to court first.

    I am sure after few days of visa bulletin, his anger will fizzle out and all these people talking about action will disappear.

    Has the lawsuit been filed yet?

    Someone please post updates on the lawsuit.





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  • dressking
    09-28 10:06 AM
    At the end of the day, its comes to ones preferences.

    The way i look at, after spending so many years in states, its just hard to pack and move. Over the period of time, we make friends, we have familes and above all we invest the best years of our lives.

    Pros and cons will be everywhere.
    India no doubt has changed a lot. One can debate about the pros and cons the whole day. I dont think money is a problem in india any more. The economy is growing like anything and will keep on growing. No doubt about it.

    I am sure folks who have spent 7-8 years in this country and are still trying to settle down, will love every oppurtunity to settle down here. Because this country is like our home now. We have given it everything. We have made sincere efforts in helping the American economy grow.

    Even if we move to other countries, there is no gurantee we will be treated good. We have to start from scratch, make friends, earn peoples respect and trust.

    Sometimes i feel sad when people talk about leaving the country, to whom they have given everything.

    I will like to ask everyone one question.
    Why not give one good shot at trying to fix the broken Employement-Based green card system? What are we all scared off? We never did anything wrong, so why do we need to leave the country?

    Folks think about it.

    I am sorry if i offended anyone, but this is what i feel.

    I believe in fixing things then running away from them. Thats my take.

    GO IV GO
    TOGETHER WE CAN

    You have said what exactly what I want to say. I have built a business here and it is been around for eight years. My customers, products, services, connections, knowledge and experience, etc., etc. I can not move them with me. They are from this country and for this country only.





    tikka
    07-05 01:57 PM
    Total so far approx. $300.
    Monthly contrib: $20 for over 7 months.



    This purpose of this post in not to boast about my contribution. It is to motivate others who are on the sidelines.


    for your contribution :)





    singhsa3
    02-21 02:08 PM
    Can some expert do the following analysis:
    a) How many projected EB2+EB3 (yes combined) for India for period 2003 and before, 2004 , 2005, 2006.
    a) How many projected EB2+EB3 (yes combined) for ROW for period 2003 and before, 2004 , 2005, 2006.
    The reason I am requesting to combine EB2 and EB3 is that it is impossible to know which labor was filled under which category, thus no point in doing that division.



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