gunabcd
06-02 08:35 PM
Looks like most people are scared because of some kinda assumption that the politicians are determined to screw Indians and so have given the common sense a back seat. When the PERM system came in effect did they force the old labor petitioners to file in the new system? I've never heard of a law/provision that made people file a new and the money and time spent in earlier filing was wasted. It just does not make sense (there will be a class action law suit, if it happens).
So here's what i THINK: As long as immigration is accepting the I-140 petitions and you receive the receipt notice, you are in the old system, meaning your application is still valid and you are in line for GC. They will have to keep the old system running for the applications filed before the new system came if effect. This May 15/May 21, 2007/2008 cut-off date discussion just does not make sense.
It's possible that if your labor got cleared(backlog or PERM) after the new system is in effect, and in the new system there's no need of labor, then your labor will be obsolete (or wasted), but as per the old system concept you haven't lost anything as you can still go for the next step and file I-140 in the new system (although that I-140 may get processed based on new points system).
Looking at some of the ridiculous ammendments that have been added in the bill, i think the chances of this bill being passed are less than 50%, just my feeling.
-Gunvant
EB3 Labor filed Sep 2004
Labor approved(PBEC) Jan 2007
I-140 filed Apr-19-2007
PP filed May-31-2007
So here's what i THINK: As long as immigration is accepting the I-140 petitions and you receive the receipt notice, you are in the old system, meaning your application is still valid and you are in line for GC. They will have to keep the old system running for the applications filed before the new system came if effect. This May 15/May 21, 2007/2008 cut-off date discussion just does not make sense.
It's possible that if your labor got cleared(backlog or PERM) after the new system is in effect, and in the new system there's no need of labor, then your labor will be obsolete (or wasted), but as per the old system concept you haven't lost anything as you can still go for the next step and file I-140 in the new system (although that I-140 may get processed based on new points system).
Looking at some of the ridiculous ammendments that have been added in the bill, i think the chances of this bill being passed are less than 50%, just my feeling.
-Gunvant
EB3 Labor filed Sep 2004
Labor approved(PBEC) Jan 2007
I-140 filed Apr-19-2007
PP filed May-31-2007
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ItIsNotFunny
07-06 02:25 PM
Guys,
Please stay away from hard language. Having suggestion for election is a completely acceptable but please lets not accuse anyone. If anyone needs accoutability, I don't IV Core people would have any issues to give you those in person. I know they are really really shy discussing them openly.
Please don't forget end goal, to have a fair GC process. Any suggestions for action items are encouraged like snathan has a nice action item suggested for visa re-stamping. Please support.
You don't need IV core's approval to do something good for community. They are only concerned when you use IV's name.
Please stay away from hard language. Having suggestion for election is a completely acceptable but please lets not accuse anyone. If anyone needs accoutability, I don't IV Core people would have any issues to give you those in person. I know they are really really shy discussing them openly.
Please don't forget end goal, to have a fair GC process. Any suggestions for action items are encouraged like snathan has a nice action item suggested for visa re-stamping. Please support.
You don't need IV core's approval to do something good for community. They are only concerned when you use IV's name.
willwin
09-12 10:49 AM
Let us continue a debate on
a) Pros of this idea
b) Cons of this idea
c) Alternative we might have.
Also, please do not get emotionally attach to an idea let democratically select that is best for the community.
Please limit to those ideas that are executable and within the bounds of law.
In my opinion, we should do this:
Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:
1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.
2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
Ask a question (larger font) on the same page, why keep us on limbo?
This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.
If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.
We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.
As always, ignore this idea if you guys dont like it.
a) Pros of this idea
b) Cons of this idea
c) Alternative we might have.
Also, please do not get emotionally attach to an idea let democratically select that is best for the community.
Please limit to those ideas that are executable and within the bounds of law.
In my opinion, we should do this:
Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:
1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.
2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
Ask a question (larger font) on the same page, why keep us on limbo?
This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.
If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.
We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.
As always, ignore this idea if you guys dont like it.
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BEETU
08-02 05:18 PM
Sirkondoji,
Good job and thank you from my heart if this is going to be true. Please find me one more thing, where can i have info for my wife and son's I 94 going to get it, my H1B extension approved on 28th April 2007. Please.
Thanks
Good job and thank you from my heart if this is going to be true. Please find me one more thing, where can i have info for my wife and son's I 94 going to get it, my H1B extension approved on 28th April 2007. Please.
Thanks
more...
Keeme
03-04 12:34 PM
Not sure if something is cooking at USCIS, last week an USCIS office called my attroney to get clarification on why we (my wife and I) are residing at separate addresses. We are in the process of relocation (company moved), my wife chose to continue her employment while she's searching for opportunities in the new location. The officer stated that they are trying to adjudicate the cases ASAP, hence he's inquiring to ensure there isnt any marriage fraud. My attorney responsed back will all the possible evidence to proved we are together.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
A soft LUD today 03/04 on my/wife's I-485 application.
I see lot of cases of EB2-I with PDs of 2005/06 and EB3- I with PDs 2003/04 have recentely received LUDs/RFEs.
Let's wait what next visa bulletin says !
Any one else with recent LUDs on their I-485s ?
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
A soft LUD today 03/04 on my/wife's I-485 application.
I see lot of cases of EB2-I with PDs of 2005/06 and EB3- I with PDs 2003/04 have recentely received LUDs/RFEs.
Let's wait what next visa bulletin says !
Any one else with recent LUDs on their I-485s ?
rb_248
06-10 08:13 AM
Atleast EB2 is not moving back. I hope EB2 moves forward begining this October.
EB3 guys - Hope it dosen't nove back from where it was last month come October for you all.
EB3 guys - Hope it dosen't nove back from where it was last month come October for you all.
more...
Sunx_2004
03-04 12:54 PM
I noticed soft LUD on 485s last week for me and my wife...not sure what that means..
A soft LUD today 03/04 on my/wife's I-485 application.
I see lot of cases of EB2-I with PDs of 2005/06 and EB3- I with PDs 2003/04 have recentely received LUDs/RFEs.
Let's wait what next visa bulletin says !
Any one else with recent LUDs on their I-485s ?
A soft LUD today 03/04 on my/wife's I-485 application.
I see lot of cases of EB2-I with PDs of 2005/06 and EB3- I with PDs 2003/04 have recentely received LUDs/RFEs.
Let's wait what next visa bulletin says !
Any one else with recent LUDs on their I-485s ?
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twinbrothers
07-09 06:42 PM
I live in Pasadena, CA. Email me at twinbrothers@gmail.com
more...
john2255
07-23 10:47 AM
NY/NJ/CT/MA Members -
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
This is also a very good idea. By the way how many wrote to their senator's.
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
This is also a very good idea. By the way how many wrote to their senator's.
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kshitijnt
04-30 03:48 PM
One guy asked Aytes are you going to take time for making suggestions, as long as it takes to process a visa? LOL Kick
more...
munnu77
03-16 10:20 AM
I just called ....
They said they r trying to fix it...
They said they r trying to fix it...
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bondgoli007
07-05 05:32 PM
I am very intrigued by this thread and I would love to see a change in status quo too. However, I am missing one very important piece of information....Who are the proposed candidates and what is their agenda??
Mbawa, please don't take this as criticism but how exactly would a change in the IV core improve the current status quo? If you have any ideas, what has stopped you from using IV as a platform and taking a lead?
Again, I would love to see things improving for the EB folks but I really missing the point on how this suggestion would get us there. I have great respect for the IV core as I know it and personally I will never be able to do even 10% of the job they have done. SO if there are folks who can do better than the present core, I would love to hear their ideas and contribute to the cause.
If this is just one of the several threads that are started with no real effort or thought put in to come up with an actual and feasible solution, then this is doing more harm than good. Again I am really open to listening like a lot other silent/passive members.
Cheers.
The idea is very brillinat and this actually benefits the current IV core too.
Usually, people get tired of leading a non-profit, too much of ones personal resources go into it.
A new leadership will bring new energy in form of people getting a title and make them more accountable to needs.
Every current commitee(current IV core) actually is the backbone of a non-profit, cos they carry lots of assets, in terms of connections they have developed, money they have accumulated, goals that they have set, etc...
So the current IV core can support the new commitee and take their help to take the organisation forward.
And as I previously mentioned, the organisation does not or should not cease to exits once our goals are met, they should then be lead by other non-immigrants who will have a whole different set of issues.
usually, a non-profits exec committee is elected by its members.
for eg. the 2009 members (paid), can vote for the IV president and the committe.
it doesnt make sense for evey EB immigant to go and start a new non-for-profit.
Mbawa, please don't take this as criticism but how exactly would a change in the IV core improve the current status quo? If you have any ideas, what has stopped you from using IV as a platform and taking a lead?
Again, I would love to see things improving for the EB folks but I really missing the point on how this suggestion would get us there. I have great respect for the IV core as I know it and personally I will never be able to do even 10% of the job they have done. SO if there are folks who can do better than the present core, I would love to hear their ideas and contribute to the cause.
If this is just one of the several threads that are started with no real effort or thought put in to come up with an actual and feasible solution, then this is doing more harm than good. Again I am really open to listening like a lot other silent/passive members.
Cheers.
The idea is very brillinat and this actually benefits the current IV core too.
Usually, people get tired of leading a non-profit, too much of ones personal resources go into it.
A new leadership will bring new energy in form of people getting a title and make them more accountable to needs.
Every current commitee(current IV core) actually is the backbone of a non-profit, cos they carry lots of assets, in terms of connections they have developed, money they have accumulated, goals that they have set, etc...
So the current IV core can support the new commitee and take their help to take the organisation forward.
And as I previously mentioned, the organisation does not or should not cease to exits once our goals are met, they should then be lead by other non-immigrants who will have a whole different set of issues.
usually, a non-profits exec committee is elected by its members.
for eg. the 2009 members (paid), can vote for the IV president and the committe.
it doesnt make sense for evey EB immigant to go and start a new non-for-profit.
more...
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rick_rajvanshi
07-06 05:41 PM
7/06/2007: Temporary Restraining Order of July Visa Bulletin Lawsuit Filed in the U.S. District Court for the Northern District of Illinois as Separate from AILF Class Action
* On July 6, 2007, the attorneys of Azulay, Horn & Seiden lawfirm filed this lawsuit individually in Illinois.
* On July 6, 2007, the attorneys of Azulay, Horn & Seiden lawfirm filed this lawsuit individually in Illinois.
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Napoleon
03-10 09:38 PM
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
more...
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gcgcgcgc
07-21 05:30 PM
Hi Tina,
Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.
I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.
Any input would be greatly helpful.
Are there any Schedule A professionals who are filing this July?
Any ideas/news you can share?
Any ideas for those stuck in 40 days employer posting requirements, that will end sometime in August.
Any input will be greatly appreciated.
Thank you
Do you know any employer or recruiting agency (in NY) who can help sponsoring physical therapists for 140 & 485.
I got a NY work permit and got my crdentials evaluated but unfortunately that emplyer is no longer having job vacancy. Now I am stuck and don't know if I can get benefit from some other employer.
Any input would be greatly helpful.
Are there any Schedule A professionals who are filing this July?
Any ideas/news you can share?
Any ideas for those stuck in 40 days employer posting requirements, that will end sometime in August.
Any input will be greatly appreciated.
Thank you
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Rajeev
08-12 02:18 PM
My guess is that we have discussed enough about the bill. Next in the line is the dream act for children of undocumented immigrants. Do we want to have a campaign to add children of legal immigrants to the bill or we want to only discuss the implications about the act, once it is passed by house and senate.
more...
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bpratap
04-25 02:38 PM
I was dealing with GMAC Bank, But I know friends who used Wells Fargo & BAC with the status of AOS pending.
these People generally get nervous when they see a pending status, Approved I-140 will definitely help.
Good Luck !
these People generally get nervous when they see a pending status, Approved I-140 will definitely help.
Good Luck !
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belmontboy
05-13 11:05 PM
� I-140 filed 05/04/2007
� I-140 approved 09/04/2007.� I-485 filed on 07/02/2007.
� Changed jobs on 07/14//2008 (after 1 year of pending I-485)
� Soft LUD on I-140 02/03/2009 (possible revocation of I-140 from my previous employer)
� got I-485 denial notice on 02/18/2009
� filed MTR on 02/27/2009
� MTR dismissed on 03/26/2009 (on the grounds that I-140 was denied on 09/04/2009)
� filed second MTR on 04/23/2009
� soft LUDs on the second MTR on 04/27/2009 and 04/28/2009
was ur first MTR denied in error?
as per you, your I-140 was never denied.
� I-140 approved 09/04/2007.� I-485 filed on 07/02/2007.
� Changed jobs on 07/14//2008 (after 1 year of pending I-485)
� Soft LUD on I-140 02/03/2009 (possible revocation of I-140 from my previous employer)
� got I-485 denial notice on 02/18/2009
� filed MTR on 02/27/2009
� MTR dismissed on 03/26/2009 (on the grounds that I-140 was denied on 09/04/2009)
� filed second MTR on 04/23/2009
� soft LUDs on the second MTR on 04/27/2009 and 04/28/2009
was ur first MTR denied in error?
as per you, your I-140 was never denied.
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conundrum
09-15 05:21 PM
I do believe that each person has the right to champion for whatever cause s/he believes in. But don't you think that instead of this class war we should fight the USCIS system and ensure FIFO. I believe if we have a transparent and smooth USCIS functioning then a lot of our problems will be solved. At least we will know where we stand without the uncertainty!!
gc28262
08-12 11:40 AM
He has already been able to pass the law. Now whether he calls them chopshop or backtracks, or praises them.......it does not do anything. This will soon be a law.
By the very nature of this senator, he didn't even have to rephrase it. If he did that, there is a reason for it.
By the very nature of this senator, he didn't even have to rephrase it. If he did that, there is a reason for it.
syzygy
09-15 04:05 PM
GCTest and et al if you have really raised 600 $ talk to good lawyer to sure the hell out of USCIS for its un accountability. This EB3 - EB3 rift is not going to help anyone but only USCIS. Take a chill pill and think carefully who has screwed us most -- IT IS USCIS. If you sue USCIS for unaccountability, changing rules at will and worst of all racial discrimination or new term for country based discrimination -- it is history waiting to happen.
There is no value or point in creating Eb3 - Eb2 rift. No category is better than either - all are equally and royally screwed by USCIS.
There is no value or point in creating Eb3 - Eb2 rift. No category is better than either - all are equally and royally screwed by USCIS.
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