Sunday, July 3, 2011

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  • mpadapa
    10-09 10:33 AM
    This thread is very interesting. Ppl are coming up with various hypothesis to get their own GC fast. Come on folks, the GC system was good when it was devised in 1990. It is just that the system never kept up with the changing times. The inflows to the GC system kept changing (more H1's, L1's....) but the outflow (visa numbers) are still fixed, and hence there is too much overflow and choking in the system. Isn't it time for us to unite and stand as a single voice and work towards removing the bottleneck (visa numbers).
    It is easy to say on forum how USCIS should work, but in reality can it work. For example Just try to convince U'r colleague (sitting in u'r adjacent cubicle) or even U'r boss how to perform his/her work. Then see how the response is. If we (IV members) aren't aligning on basic issue and solution, how much credibility would we be having to go and ask USCIS how they should run their office.

    Come on folks, be realistic. We all know a legislative fix is the only way to solve the current front-log so why can't we organize at various levels (county, state, national) and work towards such a legislative fix. The key to that is to get active in U'r state chapters and do grass-root level work towards a legislative fix.

    If the system is streamlined the out of order processing worst case might be in weeks (can we not tolerate that) compared to yrs now...

    INSTEAD OF SAYING IV SHOULD DO THIS OR THIS etc.... WHY DOESN'T ANYONE SAY THAT I/WE WILL DO THIS SO THAT IV CAN ACCOMPLISH say TASK x




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  • gc28262
    06-28 11:35 AM
    desi,

    All the points you mentioned are valid and sensible from a business perspective.

    However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?




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  • apahilaj
    11-25 08:51 PM
    Apahilaj,

    I got the SR response letter saying I contacted them and they are responding by saying that I should wait for the FP if I have not received one yet. So basically I am where I was 2 months ago.

    If you read my earlier posts, I did have doubts that FP and NC may have some connection together.

    But I think this seems more of a glitch in the TSC system in generation of FP. I mean either its NC or glitch that is causing this delay. Anyway, the NSC at least generates one for you after you speak to an IO. We are unfortunate in that also.

    Dingudi,

    In your response letter, did they anywhere mention about biometrics or finger printing notice specifically? In my letter, they did not mention about finger printing at all...All they said that the decision on my case has been delayed due to ongoing background check...I am not sure if they even knew that I had opened up the SR for not receiving FP notice.

    Yeah, I was thinking about your earlier post last night when I was reading the response letter..:) But I just can not subscribe to the idea that FP and name checks are even remotely connected...

    Well, we just have to wait and watch...good luck to all the fellow sufferrers..




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  • desi3933
    08-24 07:55 AM
    You are talking about 2004, 05. What about 2001, 2002 and 2003? There are so many people with 2002 priority dates still waiting just like me. Mine is 02/2002

    What a unfair/unethical/inhuman system. I curse everyone who is causing this delay. They will all land up in hell.

    >> You are talking about 2004, 05
    SunnySurya is taking about 2004, 2005 because his PD is Oct 2005. Its that simple. Just self-interest.



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  • raj2007
    04-24 05:16 PM
    I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.

    Your case is different becasue you filed your I-485 with them. Here he has not started 485 at all.I don't know how he can maintain good relation with them. Some employer are too torugh to deal and same goes with some employees too.




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  • i99
    09-25 04:00 PM
    July 2nd, R Williams, still waiting.

    Can you tell us what time it reached NSC on July 3rd. Looks like lot of people July 3rd at 9:03 received by R.William are waiting for receipt. Are you one among them?



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  • ArkBird
    04-21 06:50 PM
    Guys,

    I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008

    Admins, please close/archive this thread. It's painful




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  • a2006
    05-02 11:31 AM
    Hello, we are not asking for a change. We are asking for a correct interpretation of the law.
    I am not disputing your interpretation of the law. I just wanted to clarify its effect on people from countries whose numbers are not retrogressed.



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  • Naveen
    07-09 05:54 PM
    go for it!!. hope Naveen wont mind.

    Darn it! I will be careful next time :) Thanks for correcting my mistake.




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  • vandanaverdia
    11-21 03:36 PM
    I agree with people who say that "Miracles happen"....
    We had a really close friend who was diagnosed with the fatal disease. His will power alone made him survive for over 2 years more than his doctors told him he would...
    Miracles DO happen...
    And remember... you will be in all our thoughts & prayers....



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  • ramus
    07-08 05:57 PM
    I was working on DC but so far just received 30 votes..

    Like I said I will talk to core members if only we have 1000 members who wants to do it in DC on July 14th.. So many members are online but they don't even want to take a poll.. I don't know what to expect from members..


    Hi,

    I have thrown a challenge to IV DC chapter about who will get a bigger gathering on 07/14, San Jose or D.C.

    Our Chinese friends are also posting this at Chinese grocery store, on websites and also at local news forums.

    I need volunteers in bay area! Please send me a PM with your e-mail address, if possible phone numbers and a good time to contact so that we can spread the word in Bay area. I already have one volunteer need more.




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  • GCard_Dream
    12-11 11:07 AM
    I thought "Staying the course" was not an option anymore.. that's from the Iraq study group, democrats, and the president himself. Motto now "We need to change our tactics". :)

    Seriously I think we need to do the same and pursue the non-controversial goals first and then attempt the Home Run.

    If Microsoft with all the money and power can't get visa increase, it's naive to assume that we can do that in one shot. Let's just fry the small fish first.

    I forgot to say that I am going full speed ahead and staying the course.



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  • lasvegas
    02-05 08:59 AM
    Thanks to all who responsed.

    I will be sending private msgs to those who have asked me to do so.




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  • kshitijnt
    05-09 08:49 PM
    Roger and BECsufferer, I hear your arguments and you two have a valid point of view. We need to do something at the least. Not doing anything is not an option.

    However, please understand, we are asking for "fair" and "equitable" treatment for those who are already inside the country and devoted sufficient time of their life here. To me this means "justice." If you are constantly denied justice then there is constitution to protect the rights.

    We are not asking for their "help" or "favor". Although immigration is a privilege, there is a law that governs it and it seems it is possible that EB Indians are targeted by this administration. Infact in good times of this country we have done it a lot of favor instead of our home country. Now is the time to ask for "rights" for our contribution.

    My question is, if Americans are distressed and EB India are cause of it, why did they let us in in the first place? So is it something that immigration is privilege when they need it and then chuck us out when they dont? Are you upto accepting that we are commodities to be used and thrown when they like?



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  • man-woman-and-gc
    09-15 12:15 PM
    Friends,

    I have created a Shared Spreadsheet with the list of people who have pledged in favor of this effort.
    http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#

    Everyone can view it, but unfortunately, i didn'y think it was ideal for everyone to edit. I will be more than happy to grant Edit access to a few more folks who are willing to help. Also, from security point of view, i think we should add our IV handle instead of real name. Since we have email ID's and ph#, we can be in touch as soon as it it time for action.

    Please keep sending me ur details to add to this list. Remember, we only proceed if we have atleast 1000 pledged members.

    I will keep publishing this sheet from time to time on this thread so people know.

    Please keep pouring in with ur suggestions.




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  • vbkris77
    07-19 10:49 PM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.

    Even though I am waiting under EB2, I support this initiative. However INA clearly tells CIS/DoS to follow their current approach. Otherwise, this would have been in our first question to administration. Read below the text from INA with emphasis added.

    Now I don't think it is fair. So I think we need to ask IV Core to analyze the proposal of adding the required text to CIR to make the process level playing for everyone. Recapture of visas coupled with removal of country limits would actually clear the current backlog. But to avoid future backlog I think it is only fair to make Spillover of the visas available beyond 28.6 % of visas available for any category be applied to the applicants with oldest priority date irrespective of the priority category.




    INA Sec 203

    (b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):

    (A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -

    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

    (iii) the alien's entry into the United States will substantially benefit prospectively the United States.

    (B) Outstanding professors and researchers. -An alien is described in this subparagraph if -

    (i) the alien is recognized internationally as outstanding in a specific academic area,

    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and

    (iii) the alien seeks to enter the United States-

    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or

    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

    (C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.


    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    (B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.



    (ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--

    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and



    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.


    USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)



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  • nixstor
    12-10 10:05 PM
    Hallo I am new to IV. B'cause I live in DC I will go and visit as many congres and senate or I will certainly visit their office workers. How do U want me to prepare to talk to these ppl? Waht papers do U want me to take along?

    Please post in your state chapter. Do you live in DC/VA/MD?




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  • prom2
    08-02 10:21 AM
    /\/\/\/\
    Bump

    Just checking if anyone in this thread got his/her check encashed this morning.

    I saw a user in other thread. Received at NSC on Jun 25th, transfered to TSC, got checks cleared today...




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  • diptam
    06-23 10:51 AM
    I believe we did sufficient Brain storming on this and the following bottom lines came out to extract EMPLOYER LETTER :-

    a) Tell them softly you will bear expense for 485 on your own as you feel for company interests and growth perspectives and that may get hampered if company has to bear the cost of 485 for most employees together and request them to just issue you the EMP letter.

    b) Tell them that your well Educated wife is getting frustrated day by day sitting at home and this 485 will give her the much needed freedom to go for a job or start some small business.

    c) If they ask for a bond - talk to them sweetly , negotiate the bond wordings as much as possible and sign it - Try to keep some emails / voice mails saved and later on ( after Porting Jobs) use them to let your employer know that you are going to DEPT of LABOR to expose the whole story if they bug you or threaten you too much.

    Following 2 are little more aggressive approaches (Single's can pursue)

    d) If you have 2 yrs of H1B left tell them that you are simply leaving them because these days Perm + 140 takes 3-4 months for right employer and PD are all current.

    e) Tell them that you are working with another company for a Labor substitution unless they issue EMP LETTER

    Following one is a extreme risky approach and is not recommended

    f) Some one mentioned about somehow getting a Letter head and helping
    yourself .... But your whole efforts and money could be wasted at a later point of time.

    here's my 2 cents.

    There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.

    it may work.




    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".




    Macaca
    12-10 10:17 AM
    I forgot to say that I am going full speed ahead and staying the course.

    I am doing the following even if there are 0 takers.


    Educate lawmakers about retorgression.
    Prioritize interim options based on controversial factor. Some forum posts have good ideas.
    Start right now. I don't know how to enjoy holidays without any hope.


    I don't understand all the issues (like EAD). In order to proceed, I am trying to understand (= validate + document) the

    process and platform (senate/congress) on which retrogression will be addressed.
    process and platform on which interim measure can be introduced.
    effect of each interim measure.



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