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  • kumar1
    03-16 05:56 PM
    I am impressed to see that our buddy Infinite_Patience_GC is not using F** words today. Good job!


    Infinite_Patience_GC,

    Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.





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  • BharatPremi
    09-26 10:08 AM
    It is not about politics, it is about ignorance of the people (including reporters). It is explainable, though - what do you know about... I don't know, laws around transporting hazardous materials, something you have never been exposed or subject to? Next to nothing. That's what an average American knows about immigration - their closest brush with that law was when their co-worker adopted a child from abroad. Of course, they do not know the difference between worker visas, and employment based immigrant visas (don't they even sound alike?).

    Hermione,

    How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.

    I belive, IV MUST talk to CNN and force them to accept the "error" in that article publicly by publishing at earliest.





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  • rweworld1
    07-12 04:38 PM
    Hi,

    My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?

    thanks,

    Rwe





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  • abc1125
    05-17 09:37 PM
    Presume you got your GC last year. I am in the same boat this year - PD is current and expecting an RFE. Did you have to submit anything more than the Employment verification letter?



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  • GCBy3000
    07-12 11:32 PM
    This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.





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  • El_Guapo
    11-13 10:25 AM
    The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.

    I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.



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  • texanguy
    06-08 06:26 PM
    I thought the spillover starts at July, but it doesnt look that way. When would they do the spillovers? in next two months??? i thought we are done for 2009 quota...

    That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.

    Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
    Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.





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  • pitha
    02-21 04:05 PM
    I agree with you but I am not frustrated but pointing out the realities. See what happenned to labor substitution. People misused it and the end result is there in no labor substitution any more. The way people are misusing eb2 it is just a matter of time when it would be almost impossible to get eb2 even for genuine job requirement. USCIS and DOL know what happenning with EB2 and they will crack down.

    pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.

    The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.

    All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.



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  • imv116
    04-04 11:05 AM
    Well, if we start to talk what is ethical and unethical. The entire immigration system and IT consulting is unethical.

    That�s the down side from the client side on going for consulting and contracting. Every wise manager knows that! If every one were to hire full time, no matter H1B, EAD or PR, we wouldn�t be in the situation looking for a new assignment.

    I agree that it is unethical on there part, but there is a much bigger unethical part on the part of the client companies for not hiring new grads and willing to train them in the areas of there business. New grad hiring doesn�t happen here as it happens in India.

    Simply putting it, they don�t have a choice.

    House wives with EAD�s and PR cards have started to get into contract jobs with 5-6 years of experience. Most of them are probably not even academically CS educated. Forget about the huge career gap they have.

    No one, be it experienced or new grad likes to be code striped at client place, but for some one who is willing to take that risk of humiliation, I see nothing wrong in taking such a step to advance there career.

    But there should be an optimal level that one should project them selves too in order to be accepted, can manage to get a decent time to learn things etc.

    Also, client companies if they are serious should be more careful by calling for an on-site interview and testing them on the basics with a written test.





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  • WillIBLucky
    11-22 01:23 PM
    I dont think that is correct - as per my lawyer this is what she says -

    In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:

    1. Your I-140 must be approved
    2. Your I-485 must be filed and pending for at least 180 days
    3. Your new job classification must be the same as in the old job

    If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.

    So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".



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  • StarSun
    02-07 12:47 PM
    IV calls for a couple of volunteers to collect the miles and purchase tickets to confirmed participants. Please contact me.





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  • GCKaMaara
    04-08 09:26 AM
    A few years back the IO's at Portland Oregon started harassing visitors. A Chinese businesswoman was sent back for no apparent reason. This lady came back through LA and sued the USCIS. The upshot of what happened at Oregon was that all international flights stopped coming to Oregon. So I wonder if the IO's ultimately got to keep their jobs!

    When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.

    Makes complete sense.



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  • indio0617
    11-22 10:40 AM
    Ok. Here is a question I have.

    I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -

    Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?

    I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?

    Thanks.

    Yes. You are correct. 3 year extension after I-140 approvals can be granted only if you are unable to file for I-485. Things will be complicated in the scenario you outlined which would require some prior planning.

    It is all a big mess, forcing us to stay in this perpetually uncertain state, putting our lives on hold. Of course we all have a choice : factor out the GC from our career / life equation and move on without all the complexities. I guess we will see more and more people taking that route now given the gloomy scene on retrogession.





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  • mail2me_Ds
    09-17 03:03 PM
    When they issue RFE, does the case status online shows Card/Document production?. My status changed to Card/Document production 10 days ago and I did not receive any document or card yet. And the level 2 officer said that my application is still pending?. So I am confused with the online status.



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  • Lollerskater
    10-20 01:11 PM
    Highly Skilled workers:

    Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.

    Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.

    Increase available green card numbers to reflect employer and employee demand.

    Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.

    Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.

    The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.

    It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!

    Do you really believe what that website says? Seriously? You don't think that's a little to targeted towards pulling our heartstrings? With no solid action plan to back it up? Just like a hooker ad on the freeway?

    John McCain does NOT know how to use a computer. That webpage has been designed, scripted and QA'd to specifically get that reaction from you.

    The Republicans have been using this tactic for the past 8 years. They pretend to cater to your needs and then leave us shortchanged. Eg. WMD. Terrorism. Did that benefit us, really? Do you feel safer? Or do you feel just about the same except that gas has gone up about 300%, food 200%, unemployment 5%, housing market crumbled and economy about to "crater"?

    He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?

    Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.

    Have you had a look at the candidates' actions though? Barack has been realistic and truthful so far. He's went a gotten a good VP to back up any inexperience he may have. He's been addressing issues at hand, and I can't really fault him for ignoring the immigration scene when the financial scene has gotten so bad.

    McCain has been a total disaster. Sarah Palin? Really? At McCain's age, if anything untoward happens to him, she'll be your president. She'll be taking care of the mortgage sector and finance on wall street. All those companies the govt bailed out? Yes, she'll be taking responsibility for all those. Is that really where you want to spend your GC life in?

    On top of that, McCain has been acting erratic and weird. He's suspended his own campaign, gotten his crowd so rowdy that he got himself booed by his supporters, refused to look at Obama in a debate... is that how a maverick works? Is that how a tried and tested veteran behaves?

    And then he's done the Bush thing again. Flat out lied to everyone to benefit himself. See David Letterman's case, where he stood the poor host up.

    Folks, look at the BIGGER picture, and not your own selfish needs. There is no point getting a GC to a land that was not the one you had in mind.





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  • another one
    02-15 05:46 PM
    I agree.

    What's the use of merit or supply/demand in capitalism. Everything should be by quota, college admission, immigration .. use of toilet paper etc




    I don\'t think it\'s fare to allow natives of one country to consume more then a half of the world\'s quota. The Congress has the same view on this problem :)



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  • sri1309
    09-10 06:27 PM
    Actually even the Brits. have a rule in their immigration process stating that if you have spent a total of 10 yrs in that country, that alone is a basis for a PR card there. Citizenship is another 1 yr after that(there is currently some debate about making it 2 mainly over spousal PR cards). This rule is based on the premise that if you have been part of the society for that length of time then you have contributed sufficiently to warrant peership. So by this score, many of those who posted that they have been here since earlier than 1999 would have been eligible even absent the employers assistance.
    Given that we have been tax paying, law abiding and patiently waiting through a bureaucratic system that has to date not approved 500K visas that they could have, we have a legitimate grouse to any fair minded person. We have contributed tremendously through our purchasing power and in many other ways to this economy.

    As it stands however the system is mainly screwing EB India. Ideally they should start up a Country caps for H1b visas also. Only then will the foolishness of per country quotas for EMPLOYMENT BASED immigration be fully apparent. I see potentially another example of this "managed overflow" system at work here.
    It seems likely on the Oct. VB that EB3 ROW would have been afforded a much more generous PD than EB2I. Based on the USCIS's assertion that henceforth spillover will be horizontal before vertical, the presumption can then be that EB3ROW would basically be limited to 28% of 140K, on that basis and recent retrogression for EB3ROW, those numbers should be used up rapidly. I'll bet that this will not happen. A whole lot of "managing" is going on.

    I see good response to Citizenship slogan in this short time frame. THATS what we deserve guys after this much screwup.

    Also understand there are so many many fully frustrated and screwed up by these delays unable to take it anymore and left the country. They are not typing here, but they took the shots. They too dont deserve this. Remember how thrilled we felt when we first got the Visa(whoever you are). If we all voice together for this, I am very sure it can work.
    Lets push for a new rule 3+ years GC, 8+ years Citizenship. We shouldnt be paying for other's disservice. But lets hold on this till 5882 passes or fails.. In any case, we must be pushing for this.





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  • alterego
    03-16 12:44 AM
    A few things.

    Ignoring folks who are full of themselves is the best way to make them go away.

    There are many reasons why people with priority dates before 2004 are stuck in queue. Some I can think of are:

    1) Backlog labors that were completed as recently as late last year.
    2) Background check stuck applications.
    3) Labor Subs which were allowed as recently as last summer.
    4) EB3-EB2 cases, where PDs are transferred.
    5) Other applications that cannot be approved due to time specific requirements such as physician NIW cases.
    6) Some cases that just slipped through the cracks of USCIS inefficiency.

    Many of the above causes are being/have been addressed, however their impact will be with us for some time yet, unless there is a visa recapture legislation to make up for the unused visas.





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  • ursosweet
    07-16 10:24 PM
    i suggest rather than talking big words, lets do something.
    like someone on immigrationportal has drafted a letter to time warner stating the misrepresentation of facts by that rascal lou dobbs about h1b visa holders.
    IV core team, once this july fiasco is dealt with, lets draft a long letter and send it to these senators with a copy of our pay stubs showing them that we pay what americans pay.

    i had written letters to my senators and congressman and to NPR abt. the July 2007 fiasco. The more we stand by each other, the more difficult for anti-immigrants and racists to penetrate.

    PK





    nojoke
    03-01 03:57 AM
    What a lovely change. Every time Obama and his press Secy opens their mouth, markets dive into red. In this country Main Street and Wall Street are in bed with each other :-)
    Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D

    Stop watching faux news.
    Bush has done tax cuts to the investor class and look where it has taken this country.





    tsnaresh
    03-18 10:17 AM
    Is there a group created for Ohio state? I have sent an email to "IV-Ohio@googlegroups.com" but email was not delivered (invalid group). Also, any one interested in car pooling from Cleveland, Ohio?
    Thank you



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