Friday, July 1, 2011

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  • aspire_sam
    08-09 10:56 AM
    Sanhari. I can very well understand the problems that you and every1 else face in EB3 category. But the way you are trying to put your case forward is wrong. By comparing with EB1 and EB2 priority dates you are just trying to show your frustration and not making a case at all. There is a reason they have different categories and similarly have priority dates for those. If you are eligible then port to EB2 else join IV with immigration reform or the latest fight to "Recieve EAD even if dates are not current". Please do not confuse teh congressmen or the senators who are already confused. Be proactive not jealous :cool:




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  • sc3
    08-18 05:18 PM
    I am an EB3 (so go ahead with your Red dots!)...

    For any lawsuit, there needs to be a basis. What is the basis of your proposed lawsuit?

    It has been standard operating procedure to process applications on a FIFO basis, subject to some granularity. People who feel they should get their GCs first because their PDs are older are sadly mistaken. Processing by USCIS is based on RD/ND. Not PD. So any lawsuit complaining about PD-FIFOs is not going to fly.

    I highly doubt that any lawsuit which complains that NSC is slower than TSCs is not going to fly either. Each Service center has certain amount of staff, and allocation to jobs, they will be some discrepancy. If someone is able to make a lawsuit stick on this basis, let us know, we will build a avalanche of lawsuits because labor was not being approved in an orderly fashion in 2001-2004 time frame, all of which will then have a direct impact on all the 2004-2006 filers.

    Go ahead and help us out. File your lawsuits, EB3s will join the party with our own lawsuits.




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  • felix31
    09-09 07:39 PM
    LOL

    EB3 ROW went to June 2002

    :rolleyes::rolleyes:

    Since I will never get GC, this may be a good time to plan the big change for my life. :D:D

    Good luck, everyone!
    :D




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  • rustum
    09-27 03:25 PM
    How much tense I should feel!!! Applied on July 23rd at NSC and no news so far.

    Anyone in the same boat?

    Thanks,
    -rk.
    Application reached on 27th NSC. I am also waiting for news.



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  • hiUS
    09-12 02:57 PM
    I had info pass appointment today in Newark they asked my
    Info pass appointment letter
    I-485 approval letter
    Passports

    I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.

    I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.

    After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update

    Approved on 8-12-08

    Hi GCEB2,

    What else do we need to carry apart from Info pass appointment letter, I-485 approval letter and Passports? I will plan to take an Infopass appointment and get my and my wife's passport stamped.




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  • Becks
    08-03 04:56 PM
    My AP's receipt date at TSC was 6/30. It was approved on 7/13 and I have received APs from attorney last week. BTW, my EAD/APs were sent to NSC on 6/15 but only AP was forwrded to TSC and I got receipt date as 6/30 from TSC. So it took 4 weeks including forward time from NSC to TSC

    Are AP's being approved faster ?
    When did you apply ?



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  • desi3933
    06-28 06:46 AM
    desi3933,

    Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).


    "(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --

    The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.

    Thanks for your reply.

    H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.

    Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).

    Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.

    Now, coming back to your quote
    "(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.

    In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.

    It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.

    Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.


    Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.



    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • Powersa
    07-08 10:40 AM
    even if AILF wins in say 2 years:
    0. there are people with 2006/2007 India PDs, for whom I-485 filing is going to take 4 years or so, and this ruling, even if it comes in 2 years, cuts down the time by half!

    1. USCIS wont f@ck with future generations the way they did with us. We wont have to eye the VB with suspicion everytime its published.

    2. Its delayed, but its atleast justice and puts blame where it should lie. If this goes unchallenged, then essentially what USCIS did would be right/correct when people look back on this.

    Precisely. Hopefully it will lead to some positive things for "future us".



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  • manderson
    10-05 01:38 PM
    nk2006,

    please post contents of that yale article (your link is not working).

    On the topic of “getting some of our measures during lame-duck session”, I am seeing some speculation (on other sites) that there is a chance these measures getting discussed during that session. I know these are just educated guesses, but it’s encouraging. see following:
    ================
    From another thread on this site got this link, about Yale/Ivy League grads not getting H1B’s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
    http://www.yaledailynews.com/Article...rticleID=33577
    The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.

    =======================
    This is from a leading corporate immigration law firm’s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:

    The Road From Here:
    On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
    ====================

    your comments / speculation / educated guess.......??...




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  • gcformeornot
    02-18 06:57 PM
    for FP for myself. Dependents did month ago....



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  • Ramba
    07-09 02:41 PM
    Getting a letter is not a big deal. What if I am a full time consultant in that company?

    consultant does not consitute employer-employee relationship. This WILL NOT satisfy the full time permanant employment.




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  • GCBy3000
    04-06 02:56 PM
    Well said eager_immi. Getting GC and getting job and earning is not the only thing in life. I have seen many many couple who are gc holders and citizens, giving up their career to bring up the kids for the first few years. This segment includes US citizens ( US Origin) too. Most the of the americans here have their spouse at home to take care of their kids first few years. It is not worth anybody's time and money to have a kid and put them in daycare from day one and go out and earn and pay half of it to daycare and the remaining half you are left with is not even come close to the amout of time you spent away with the new born who needs your warmth and does not have words to express. So the time spent with your new born for the first few years is priceless compared to the dollar you dream to earn at the cost of having child.

    Enough of above, even my wife is CPA and we are married for 5 years now. She came to US dreaming about working in professional CPA firm. But my ignorance about GC process then cost her her career. She was depressed initially. I am an easy go guy and convinced her not to worry much about job. We planned and now we have 3+ year girl and a 3 weeks+ boy. Her mind is all set towards taking care of our kids and I am free from those job hunting depressions. Once both of our kids reaches 5+, she may again start to think about career. May be by then, by Gods grace, I hope to have my GC. I bought a house this year and we all live happily knowing all the uncertanites of H1. We knew it is risk to buy a house. But ultimately what is going to happen. Is anyone going to behead you in case you default or loose job? What the heck, file bankruptcy and go back to home country. At least the days we live here, we live in peace and enjoy. If you have this mindset, you will think clearly and will take positive decisions. Otherwise, everyday is hell in US for immigrants with the current GC process.

    Getting GC and earning is not everything. It is only very very small part of life. Forget about it and live today's life with what you have. Worry about things which you can control. All other things will follow you automatically. Having kids is in your hand and you have to have this sooner or later. Always, sooner the better and you can use this retrogression as an opportunity to execute those projects instead of worrying over it. GOOD LUCK.

    Listen, everyone is frustrated but to take your lives for a GC is crazy. If you guys are so depressed please seek medical help. If you have kids they will be US citizens they can sponsor you 18 years later so why are you that frustrated. When your wife is on H4 that is the best time to have kids because she is at home and you don't have to pay daycare. It is the woman in H1B that my sympathies are with bc they cannot go part-time or get more that 6 week maternity leave. So please buckle up or seek help, I don’t think your logic makes sense.



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  • go_gc_way
    06-23 12:21 PM
    I would say that Social Sec Taxes and Medicare are unfair taxes. Some H-1Bs (read people from India and China) are not treated the same way as citizens, Green Card holders, and othe H-1Bs (read from Western Europe). Since they wont give us GC's.., we have to eventually go home. This implies, no Medicare or Social Sec benefits. Going by a conservative estimate.. there are about 500,000 GC applications in the blackhole for an average of 3 yrs. Each pays on an average $4,200 SC and Medicare taxes. So the state owes us $6.3 Billion... We sincerely request that we be treated fairly and our money be given back to us.. OR.. easy for them, give us GC

    $ 6.3b !!!!! How and where did one get that figure, I am not sure. But I certainly feel SSN money may be considered to given back to H1's who have stayed here for significant number of Years and acchiveing nothing -- GC.

    I feel that is fair request. I hope this becomes a formal request to appropriate Office to consider. What do you guys think on the Forum.




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  • calgirl
    07-28 06:48 PM
    Wishful thinking.. But I hope you are right!
    Although I doubt it.. We are just not hearing back due to the volume of applications.. Not coz they plan on giving us greencards.. But..Wish you are right..

    Gurus:

    Does anyone, who has PD getting current (under EB2- I/C) during Aug/Sept. got their EAD Renewed, and cards received. ?? If so, what's your EAD-Renewal Appln Date / RD and Cards Received Date.

    I suspect, USCIS is NOT issuing EAD Renewals, to probable Current PD holders, any more. :D hopefully. This is a good Sign, if true. Does anybody agree with me.. Let's Party out. :)

    This is becuase, my EAD Renewal Appln. RD is June 18th.. and till date I have NO LUD of whatsoever, and PD would be current during Aug.bullentin

    Is this something to cheer:)



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  • bindoke
    08-23 02:45 PM
    Hi team,

    Just wondering usually how long does it take to get approval notice of I -485 once PD become current ? Any idea or any comments will be really helpful.

    Thank you.
    no one can predict that. It could be days or months.




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  • jindhal
    09-24 01:35 PM
    I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

    Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

    This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.

    Thank you!!



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  • apahilaj
    11-06 02:23 PM
    dingudi,

    I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?

    Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.

    I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.

    Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?




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  • logiclife
    10-08 01:45 PM
    Excuse me for being a little blunt...but

    People really need to stand up and see what it takes to bring about change. People are loathe to drive 10 miles and attend a state chapter meeting, and you want to overhaul a system to the extent that you get credit for time/experience in US?

    I am not saying its a good or bad thing. What I am saying is, what you are asking for is a major overhaul. GC is driven by A PARTICULAR POSITION offered by A PARTICULAR EMPLOYER, where its proven that NO US CITIZEN WAS WILLING, QUALIFIED AND ABLE TO do the job. How can your previous job get you credit for such a position and petition driven GC process? If you want that, then system needs major change where GC is not drive by one particular job offer from one particular employer who sponsors you.

    So basically, you are looking for a RADICAL change in the system. Nothing wrong with dreaming, but kindly show some friggin activity and effort on your part before putting up new ideas on forums.

    Otherwise if you are sitting around and

    1. Offering new innovative ideas for GC reform on forum posts that lawmakers dont read.

    2. Never go to lawmaker meetings in DC or locally or attend any local meetups of IV.

    3. Cancel recurring contributions as soon as your EAD card shows up in your mailbox.

    Then please, keep your really creative and excellant ideas to yourself. Because Ted Kennedy is not going to change the system and give you credit for working here since 1999 or 1929 and reset your PD to 1999 or 1929 BASED ON YOUR BRILLIANT IDEAS on forum posts.




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  • Maverick1
    10-09 12:50 AM
    ................................ The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.

    :D Classic logiclife :):)




    eb3_nepa
    08-18 01:47 PM
    Nope, you are wrong. Anyting spoken in this website concerns every aspirant immigrant member. You need to get that straight!

    Well said!




    wait4ever
    08-14 07:49 PM
    My question is - has anobdy got their cards without getting the CPO e-mail - I have recd the approval notice on 11th in the mail - but I have yet to get the cards also I did not get the CPO e-mail:confused:



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