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Sunday, July 3, 2011

1974 Jeep Cherokee

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  • hydboy77
    08-11 01:40 PM
    Dream on about porting from Eb3 to EB2. On an average it is taking more 9 months to get labor clearence that too if it is eb3. if you are trying eb2 that is almost a definite audit. We have a case in our company which was stuck in audit (eb2) for more than an year now. our company and attorney are no longer filing eb2 (offcourse it is a different matter than they are no longer filing any green card application because of layoffs). So unless you are working for a desi "con"sultant company not many american companies (almosy none) are filing eb3 green card perm applications leave alone eb3 to eb2 conversions. Even desi companies are scared shit because USCIS is knocking the living daylights out of them. Even desi companies are scared of filing eb3 green card perm applications leave alone eb2. So good luck with your eb3 to eb2 dream.

    If dates are not favorable, i am considering moving to EB2.
    I am afraid , folks like me when rush to EB2 ( which has been going on ) the VB for EB2 will show back ward dates again after 6months from now.

    Mine is EB3 , Oct 03, India.

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  • houston2005
    12-19 11:49 AM
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  • chanduv23
    02-05 09:13 AM
    How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.

    Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.

    However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.

    In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.

    Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.

    In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.

    If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.

    While what you say is from a very neutral perspective as you see things from the other side of the wall, it may not be 100% true in what you think it is. These agencies or companies are a creation of the system, tons of people come from India to fill job positions and systems have been designed to accommodate that. Companies like Wipro, Infosys, etc... have HR people stamp their own H1b visa and send people in a bunch to the consulate for verification.
    Indian companies do not 'FAVOUR" Indian workers, but take advantage and try to "EXPLOIT" Indian workers to cater to businesses.
    The way the system works is, there is always available pool of talent for American businessess, these happen with rules being framed to accmomdate skilled workers.
    Just like how Jewish people good in Financial stuff, Indians have been immigrating in skilled worker category.

    While from your perspective you seem to think that it is some sort of Mafia trying to break rules and taking law in its own hands, favouring thier countrymen, it is because you don't have such a big infrastructure in China or Philippines etc... it is again the same Indian companies that are opening up branches in Singapore, Malaysia, Shangai, etc.. and reqruiting people from there too. Chinese consulting companies are now operating in full fledged manner these days and there seem to be companies that cater to Chinese Canadians looking for jobs in USA by providing them a TN visa letter and bringing them to US and place them in Client locations.

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  • dontcareanymore
    08-13 04:38 PM
    Dear friends and fellow members at ImmigrationVoice,

    Finally got the email today, Aug 13, 2009, from USCIS indicating that the card production has been ordered for me. No word yet about my wife's GC. Case still pending.

    Relevant data for me:

    India, EB2 - Priority date April 14, 2004
    Texas Service Center.

    Short of divulging my social security number, I will be happy to answer any and all questions about my journey so far.

    Good luck to all of you.

    Best Regards

    NB to admins! If this is NOT the appropriate thread for this info, please let me know. I will remove this post. Right now this thread seems to have a lot of traffic and that's why I posted about my card process email here.

    Congratulations to you !!! The PD for EB2 India for Aug 2009 is "01OCT03". I am wondering how they processed your application.

    Are you sure your PD is Apr 2004 , category EB2 and chargeability is India ?
    Your PD will be current for the month of September.

    Join date Jul2009 and only 4 posts. Hope this is not a joke :)


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  • deecha
    07-20 01:04 PM
    Can someone comment on this one.

    Is there a way to fix this issue. Can she send an "amended" form with correct dates. Does it matter after all?

    Appreciate any advise

    Originally Posted by looivy
    A friend had an issue between changing employers. Employment with Employer1 ended jan 05 and the first paystub from employer2 came in Mar 05. For feb 05 there was no paystub and her H1 approval with employer2 also started in Mar 05. However, she has a offer letter from employer2 stating start date as feb 05.

    In 485 stage, she has mentioned her employment dates for employer 2 as starting from Feb 05. Will this be a problem?

    I think you should be fine.

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  • gimme_GC2006
    08-25 04:47 PM
    EB2 for india and China is U as of Aug 21st..maybe that's why..see my post in a seperate thread

    holy cow..if the visas are already U for this Month..

    I am thinking about the probability of the officer opening my case next month and then approving the case? I cant see that happening anyway..

    Very near yet so far..I guess now I clearly understand what that means. :cool:

    Good luck to all of you for your GCs ;)


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  • potatoeater
    08-13 11:43 AM
    This constant pestering about filling up our profiles totally pisses me off. What exactly is the idea? That a person who is not waiting for a GC can't post in these forums? What if you are not even interested in GC? Or what if you are already a US citizen? Or may be just somebody happily living in Timbuctoo, and visiting these forums just for social networking? Is this site out of bound for them?

    Give me a break guys.

    Hi uma001

    Why you don't fill all your details?

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  • looivy
    07-17 07:21 PM
    Awesome Effort Iv Core. You Guys Kick Butt.

    Let Us Now Also Fight On The Visa Recapture Front.


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  • r_mistry
    07-22 10:41 AM
    Hello Everybody,

    This is my story,

    1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
    2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
    3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,

    Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
    On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.

    4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.

    5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.

    6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.

    Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?

    Please provide your input on my case...many thanks!!!

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  • Bharam
    12-19 01:55 PM
    Contributed $100.

    Good luck


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  • gimme_GC2006
    08-25 11:41 PM
    One Psycho gave me this red dot for posting my interview experience.

    I'm really happy to hear this. Serves you right for making calls and taking InfoPass all the time. You are unfairly trying to get ahead of others and lowering the productivity of USCIS. Let them work.

    See the attachment for screen shot...red_by_psycho.jpg and enjoy.

    Hey..Sicko..get some help.:D:D

    Also, my message to you..

    Instead of me letting USCIS do their work (in a way, i am calling them to remind their work..or probably you should tell IV folks to shut down everything and let USCIS do their work..a**hole....) probably you can quit job and go back to your country..I am sure you will do a great job of Lorry driver or cleaner (their psyche seems to match yours..sorry, lorry brothers no offense to you)

    I guess you can shut your pie hole now..

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  • greatguy
    12-20 11:01 AM
    Not all members are loging in around this time. Admins, think of sending out emails requesting for funds.


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  • vijjus
    12-19 06:38 PM

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  • ksircar
    12-19 07:36 AM
    Wake up friends ... contribute.

    This is your last chance to pay atleast $20 and save thousands on H1B Transfer Fee, Attorney Fee, other INS fees.

    BUY ONE for at least $20 AND GET MANY MANY FREE!!!

    Going once, going twice ...

    (BTW I have already sent my fourth contribution of $100 on 12/18/2006)


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  • unitednations
    02-04 11:53 PM
    I came to the conclusion just based on section INA 202 (a) (5) (A). Nothing more nothing less. You came to funny conclusion of "quaterly basis".
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    You are critizising H1B indians and their employer screwing the system which is not relevent to what we are talking here. If you feel so, then attack who ever spoiling the system and regulate those. Instead you are trying to justify your interperataion is right and what DOS is doing is right. I will be the happiest person if they ban labor subsitution and ban desi consulting companies or H1B dependent employer participating in GC sponsering. Then this mess might have not happened.

    Because this discussion has happened so much. That is this exact discussion when everyone was trying to determine whether they should go for eb2 or eb3; the common prevailing attitude was horiziontal rather then vertical.

    What made everyone shut up including me was what was written in november 2005 visa bulletin. It was there for everyone to see how it was going to be interpreted. Anothe law firm had reported chines usage year to date and it was concluded that they may fall short of the 11,000 visas (ie., 7% cap). With all this available; not one lawyer has decided to sue department of state or uscis over this. Why is that? Maybe what they are saying is correct and you are reading into it what you want to read into it.

    Any time someone gets around to explaining the system; they are automatically branded anti-indian. Funny but everyone I know through immigration is Indian. Therefore, whenever someone brands me anti indian or even comes close to it; I get a very good chuckle out of it and so do the people who know me that frequent these boards and

    How the visas are being allocated actually is pretty relevant because it helps everyone to understand how it all works and comes together. I had been on the record that maybe people shouldn't get too worked up about this. The louder one becomes the more scrutiny starts happening. Once the scrutiny gets wratched up a few notches; are you ready to counter it.

    What is this scrutiny that you may ask?

    Newspaper in Maine did very thorough investigation of companies who sponsored labors through Maine. It was very hard hitting whcih asked for comments from Department of labor and USCIS. Both are investigating it. Essentially it said that companies rented out a cube and filed 60 labors and 100 h-1b's when their real offices were in other states that were taking a long time to get labors approved.

    Backlog reduction centers are challenging companies to prove that their headquarters were where they said they were? They are questioning whether there is a permanent job. Companies are not responding and letting the labors go. Don't you think department of labor will start going into the approved labors and start scrutinizing them.

    California service center denied many cases for two companies that I know of who had revenues of over $20 million. Reason for denial was that they are temp. agency and no permanent job. No permanent job; no I-140 approval. Companies have gotten a good dose of H-1b RFE's from california service center regarding this. Many have gotten the h-1b's denied because they can't even substantitate they have a job for the person. If they don't have a temp. job then how can they have a permanent job. Chennai consulate is giving very difficult time to staffing/consulates. It has gotten so bad that back in early december; consulates in india said if you are good in english you can go to ther consulaes in india. Guess what? Chennai it only takes two days to get an interview now because everyone refuses to go there. Just a matter of time before new delhi and mumbai catch up. if consulates are refusing visa stamping for temp. jobs what do you think will happen when they start ratcheting it up a notch to the permanent jobs.

    Main reason they haven't gotten into the permanent jobs yet is because nurses which are really in demand also get greencards through staffing companies and are outsourced. Since, nurses are needed; uscis doesn't want to give a hard time to the staffing agencies; therefore, they don't want to be accused of double standards. We will see how this will change if at all as retrogression and increasing visas and studies are performed how people are getting greencards come to light.

    btw; I have been on record that as long as country cap of 7% is maintained; it would have disasterous consequences for India/China to allow 485 filing without priority date. Since the 7% cap applies then that means someone who enters usa today from ROW and files an eb2 labor will get priority over you. Anyone can file a 485 as long as they have a labor, 140 and they are in non immigrant status. I know of three people through other forum who were from ROW; came on visitor visa found someone to file perm labor get approved in a couple of weeks and then go straight to 140/485. Since they can file 485 right away they get precedence over india/china. Anyone on visitor visa would be eligible. This would number in the millions. It would be quite possible that there would be never ending retrogression for India and China.

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  • psagarn
    04-16 12:19 PM
    What exactly do you mean to do? Throw in your ideas and nothing will be spared...

    I was watching TV the other day and saw an infomercial from National Association of Realtors promoting some kind of reform for home finance. They had interesting stats like "Home ownerships contributes ~ 2 trillion USD towards nation economy. So anything that promotes home ownership should help economy come out of recession". I am thinking if we can gather some useful stats around how much NRIs (non-GC holders from US) have invested in Indian Real Estate and how much of that could have been invested here in US (and other numbers like these), and then use them to convince those in power that an expedited GC process for those who want to be a part of main stream US resident population would help US economy.


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  • sanjay
    08-13 01:54 PM
    I am confused now!:D

    I thought that with the Sept 2009 bulletin ( PD shifted to 01 Jan 2005 for EB2 India), my PD is current!

    Am I missing something?


    Of course Fred. Your PD will be current in next month September. So, they should be approving cases from Sept. 1 and not now.

    Is TSC again playing a false sport as they did last year by consuming most of the numbers by giving GC to 2006 filers ?

    It's actually more scary to me. May be again the deserving candidates will have to wait for another spill over next year.

    Congratulations. No complaints for you, though.

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  • gcisadawg
    04-12 12:09 AM
    1. they have country limit for diversification. >> us(culprit) immigration is broken.
    2. substitution labor >> desi employers(culprit) sold it.
    3. my employer did not file for GC because layoffs couple of years back. >> general public are culprit. they caused our employer to get loss.
    4.other employers filed GC for other people. >> other employers are culprit. they filed GC to retain their employers.
    5.EB2 category : if they do not exist, I would have got spillover visas.
    6.EB1 employers : employers are filing in EB1 category for the same skill set as mine
    7.EB2 employers: employers are filing in EB2 for the same skill set as mine.
    8.Dollar : Seriously. Dollar is a culprit. Last year Dollar value is less. So many foreigners are able to afford dollar and they filed for investor visa. Without that I would have got spillover visas
    9.140 portability : many people are porting 140, PD from previous employer to new employer. They are able to retain old priority dates than me.
    Any others??
    How can I get GC with all these things.

    Folks, this is for your information. not for the argument.

    just kidding. :)
    How about stopping the disscussions which divides the community.

    I can understand the frustration of long wait for GC. The fight is for immigrant and non immigrant visas. Everyone(individuals like you and me), desi employers, desi MNCs, american companies wants to play by rules. The system is not fair. thats the reality.

    Well, I thought OP had a good point. Do you support substitute LC?

    Disclaimer: I'm not a beneficiary of a substituted labor certification.


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  • kosars
    08-14 01:15 PM
    This is in reply to sam2006 above. I had an LUD on my I140 on 7/28/07 but my application was mailed to TSC directly.

    09-11 08:10 AM
    To those of you'll willing to send this out .. hold on until I post the final version of the letter as it appears to require some editing.

    Once again, whats the email of the Ombudsman? I would also like to send this to the USCIS. How do I go about it?

    06-20 07:10 AM
    I think with in this short time duration, i am going to proceed as such with my wife's name problem, and once the 485 has been filed, will go ahead and try to get a name change done for the passport from the indian embassy. I was told by one of the members on the forums, that you need the following things:-

    1. Advertisement in a National Indian News Paper.
    2. Advertisement in a USA Local News Paper.
    3. An affidavit from you, but if you are married and have the original marriage certificate, then it should take care of the affidavit.

    I think the costs to get it done is $70. If some one can suggest some other options that will be great.


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