Monday, June 13, 2011

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  • mirage
    04-02 12:07 PM
    If only I had sent flowers to USCIS they would have been in trash, but you know where those 1000s of bouquets landed. I will certainly write them, on this forum everybody's is throwing ideas if an idea is good and like by others we get support and that's when a campaign start. Regarding predicting, wouldn't it be good for us to know if they received 20K EB2 application for India with PD 2003 and 40K application for EB3 in 2003 so instead of looking at Visa cutoff dates we can pack our bags....
    Why don't you write a letter to USCIS? I have already pointed that out to you on my earlier comments.

    Also, to stop predicting, I guess you just have to stop predicting.




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  • GOTGC
    07-24 03:09 PM
    makes no sense.....

    EB3 India setp 2006 wasnt even current in Jun 2007....

    Since LuckyPaji mentioned his brother came on investors visa, I'm thinking even he applied under INVESTOR CATEGORY-EB5..

    Probably he is right that he got EAD, 140 and 485 receit notices etc...:) ..
    Anyway he is not sure about his category..So it could be EB5 which was NEVER retrogressed..




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  • AabTuAgaGC
    01-04 12:46 PM
    I called in yesterday to the tollfree # - this was the bottomline after the long chat :(
    "your case is 1 day beyond the normal processing time- we'll open a SR and send to the IO - please call back after 60 days to check back on the status of the service request"

    They gave me the same reply as well! :mad::mad:




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  • maddipati1
    11-19 11:09 PM
    This scenarios is for those who used all 6 years on H1 and got H1 extension due to a pending AOS application. they may have EADs too..

    Ron Gocher quotes:
    "Again, to be clear, my point is that if your AOS is denied, you immediately lose all eligibility for post sixth year extensions of H status. All time spent in H status counts against the six year limit. If you burn up time in H status while you are waiting for an AOS adjudication, you may well make it impossible to go back into H status if your AOS is denied."

    My interpret...

    Rule 1 :

    > The max limit for H1 is only 6 years.

    > You can only extend H1 beyond 6 years if there is a pending AOS
    this means if there is no pending AOS, u r not eligible for H1.

    On thing is clear, if AOS denial is valid, then thats it, no more H1 (after 6yrs)

    but surprisingly Ron doesnt use the same logic for EAD too.

    > EAD is also given as a temp relief for those who has pending AOS
    so if there is no pending AOS, no more EAD too.

    he thinks EAD is valid even after AOS valid Denial.


    THe BIG QUESTION is, If AOS is wrongly denied and MTR is open,

    What is the status of the dude?

    Is the status AOS, coz its been denied already...

    But again, if the dude's out of status due to AOS denial,
    how come CIS allow to file MTR? Coz they know the guy who is
    filing MTR is out-of-status due to AOS denial :-)

    Its like a software u tested a lot with all kind of scenarios,
    but there is one scenario still not tested.

    Like in software, the dudes who initially wrote the code and the dudes who initially spcified requirements, are long gone to a different jobs. and after a few years (5,10 etc), a new set of dudes trying to wonder why this scenarios is missed, coz the whole biz process is already changed totally.

    so, the dudes who wrote these rules and regulations are long gone and retired. and there are hell lot of things changed afterwards like AC21 etc etc.

    thats is why systems need to be re-evaluated in a regular basis.


    can this shit be any more tangled.... :-)



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  • r_mistry
    12-27 01:05 PM
    I applied I-485/EAD/AP on July 24th at Nebraska. Have received EAD and FP done but AP is still pending.

    I noticed couple of soft LUDS on my I-140 (which was approved in Dec, 2006) and I-485 in last few days but nothing on AP. My PD is Oct, 2005 ROW.

    Still waiting.......




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  • priti8888
    07-23 03:35 PM
    one of those who got labor approved fast from BEC...and slipped thru quickly....yes, I mean quickly even though it took 2.5 years


    We suffered a lot as well..We applied first in 2001 and then my husband got laid off and had to start process all over again. We are on our 9th year H1 , so it was'nt all rosy for us ..



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  • mirage
    08-04 04:53 PM
    IV is you me and everybody else. We saw since morning how people are trying to scuttle the idea by giving various and weird reasonings. What is important is writing them. And telling them the gravity and urgency of the situations. words like bonded should be bolded as the truth is 'Yes' in this free American Society we have lived a 'bonded' life...




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  • ragz4u
    03-08 01:26 PM
    Senator Coburn is asking for an amendment (#06175) expedited removal of Illegal aliens

    Senator Kyl wants some barrier in certain cities of Arizona

    Senator Cornyn supports Kyl amendment for barrier only at a few places and not across the entire border



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  • ItIsNotFunny
    03-12 10:13 PM
    I already did. I just dont like this DONOR based thread idea. for reasons already stated.

    Why reddog is not marked as "Donor" yet?




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  • lkyme
    04-25 12:13 PM
    That is a wonderful proposal and should be given due weight. Despite the early arrival, an individual may not filed his/her GC due to several reasons. Most commonly found / heard are
    1. Company closures/ Layoffs / Transfer to different state
    2. Employer / attorney delay and / or fraud in filing GC
    3. Delays in processing Labor in certain states / backlog centers

    This proposal seems a ray of hope for people in the above category. God bless Rajeev74 and all. Let this be heard and got attention at the policy level.



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  • stldude
    07-06 02:56 PM
    Anything we can do to get through without having to spend sleepless nights till Oct'.......




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  • sbindval
    07-06 11:31 AM
    As the saying goes..."Justice delayed is Justice Denied"

    Considering our opportunity cost, many of us may be better off packing our bags and heading back - this may have an impact on the feds, the companies and people at large who think that WE are a burden on the society. All these artificial barriers and hurdles are a reflection of this.
    Its quite apparent that there is no end game in sight, there is no motive here(ref to subash and gandhi message by asharda), no end game...it can only get worse. The Feds have succeed in Scr....wing US.

    bottom line - Do we really add value to the society here?
    convince the people and this will be the ONLY solution to our problems.


    My brothers in blood, please calm down� Mahatma Gandhi had his own way of fighting for freedom and so did Subhash Chandra Bose. They must have agreed and disagreed with each other on many things. But at the end of day, their motive was the same �Justice and Freedom�.

    We might have our differences, our opinions and ways of doing things, but we need to understand that our motive is the same. We should stop bickering with each other and concentrate on the main goal. We should keep encouraging our members to join hands and unite and fight for the cause.

    Though you might not agree with each other, you still need to see how severely the issue must have affected the other person which is why they are here and ready to fight.

    Please pull your swords to fight the injustice rather than fight with each other.

    PEACE!



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  • nyte_crawler
    04-25 11:33 AM
    Coming in through H1 does'nt show your intention of becoming a permanent resident of this country. It only happens when the LC is applied. Although the entry date is an ingenious way, it will only create more issues. Now some one who comes in F1 can also ask for the same benefit when they move to H1, to take their entry date in F1 as their priority date. I believe the culprits are the labor substitution and the labor certification sales. Those are unfair. Stop labor substitutions, and if they need one, then use the 140 RD as the PD. That should solve most of the problems and people from using labor sub to jump the line.




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  • chocolate
    06-03 03:39 PM
    Well this is very confusing.
    What if a person files the I-140 after May 15th and his/her I-140 is approved. Later assume that I-485 date becomes current for that particular person (before Oct 2008), he/she files for the AOS/I-485 (before Oct 2008). While the I-485 petition is pending the date Oct 2008 comes what happens then? Will this nulify the filed I-140?

    Thanks
    My labor was approved 8 months ago. Although i submitted all the documents to my attorney 5 months ago My employer is yet to file. the fact is i am eligible to file for 140/485/ead/ap. So now i am stuck. Will this affect me.Thanks in advance.:mad: :mad: :mad: :mad: :mad:



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  • spicy_guy
    09-13 12:31 PM
    Hi All,

    My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.

    Thank you.

    Pardon my lack of knowledge. Is this from beginning to end?
    I think advertising and stuff takes some time. Right? and thats not included in this 2 months. Right?




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  • TeddyKoochu
    09-07 11:39 AM
    I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.

    This in my opinion has helped smart folks among us:

    - They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.

    - Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.

    - Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.

    - People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.

    - Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.

    - If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.

    - Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.

    Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.

    -

    Pappu excellent post full of true facts. Being smart in my opinion means being knowledgeable and aware of the current situation at any given point of time rather than being ignorant and indifferent. Most of the time doing some basic research can lead an individual to the right option that is legally consistent and correct, it’s really never too late to correct course. Yes there will be street smart people (Sub labor being one example) who will game the system but besides other things let’s accept that they know how things work. Life is about learning and then What Next? It’s really about continuous improvement and trying to move in the right direction. Not having the desired end result is fine but not doing anything or not trying is bad. Very nice and motivating stories from some of the veteran’s you give us the motivation to hang on. OP you seem to have started a nice discussion.



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  • Ram_C
    10-01 05:09 PM
    Let us wait for the statement from USCIS

    are they going to release one at all?




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  • sanagani
    03-05 10:43 PM
    Even though my priority date is 2005 dec under EB3 , i have one soft LUD on my and my dependentcaseon feb 10 amd one more soft LUD on primary applicant case on feb 27 09...




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  • ajay
    04-30 08:59 AM
    I did call and left a voice message as suggested by Pappu.
    Hope for the best. Support IV as always.




    bobzibub
    04-01 06:56 PM
    I'd look at it a different way. Without USCIS u and I wudn't have made it to the US. When u came to the US, u implicitly agreed upon the rules and regulations of USCIS. When u applied for ur GC, u very well knew what USCIS is and how they function.They have an immigration system which has been going on for several years now and all the immigration aspirants have played by their rules and never questioned how it worked though their cases were delayed for whatever reason. Why shud the USCIS even entertain somebody questioning them now? They'll simply say...Who are u to ask? We have been functioning like this for ages now. If u dont like it, just say good bye...but this is how we function.

    That is what every government wishes their citizens would do--just accept like obedient little sheep. I say that one should choose not to give them a free pass. Otherwise they'll continue to walk all over you. Citizen or not, being a sheep is not an option. Besides, we did not move to a dictatorship. We moved to a democracy--or at least it is trumpeted as such. Let them walk the walk.




    pappu
    12-11 12:16 AM
    It looks like they have heard from IV members about the spillover rules and their clarification about the QUARTERLY spillover is useful. Also them categorically stating that any spillover visas would be used in strict order of PD is reassuring. Whether they actually practice or not, it is good that they have gone on record as saying that is the way it should be.
    In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
    This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.

    I agree. It was interesting to see them use our style of predicting with and without spillover. It seems they have paid attention to the recent report we had published. We should continue to ask questions and provide suggestions to the administration officials.



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