Sunday, June 12, 2011

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  • mirage
    06-30 04:53 PM
    I think they have different rules(for themselves) for AP and EAD. As my AP was approved for from the date of expiry....That's ridiculous. Forget abt the 2 year EAD that you didn't get, you also lost 3 months? They probably hired some part time workers for last weekend who might have screwed up. I did some research before and am pretty sure they started issuing documents with a start after expiry of the first one a long time ago. Even on our AP's which were approved, the start date was september 2008. I got them mid -may..




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  • Jaime
    09-04 03:34 PM
    Please share what's on your mind! What is preventing you from wanting to attend? What will it take to change your mind? A lot of us are willing to work with you, donate money, transportation, housing, etc to get you to attend! Let us know and we will help make your trip easy, painless and even free. We just would love to have you! Please post on this thread or PM, we will make it work for you!!!




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  • immigrationmatters30
    02-14 07:49 PM
    Nice Post hydboy!! Quick question though, Would you have put the same argument if you have not filed your EAD during july 2007? Guess not..Let us stop this..now.I agree with what you are saying,by the way.

    I hear some people saying childish things like hijacking this thread if anybody says anything different from what they say. What do you prefer, should I open another thread with title "oppose prefiling AOS", nobody wins neither will I or you when somebody does that. Please tolerate others views then they will tolerate yours.

    Without strengthening AC21 if you allow everyone to file AOS then anti eb folks like Grassley, Sanders, Sessions, Durbin will move from targeting H1b to targeting EAD. It takes 6 months to get Perm approval, with pre filing AOS everyone can get EAD in 6 months, anti eb folks and USCIS know that people will be jumping to EAD to escape H1 crackdown, what do you think they will do, they will add amendments and Bills to put restrictions on hiring EAD just like they put restrictions on hiring H1b. We cannot make EAD into another H1b like hell.

    Prefiling should be done to give relief to people who missed July fiasco only after
    1. Remove\dilute same similar job requirement
    2. Make sure EAD is extended without any rfe. USCIS will invent thousand things to issue rfe, EAD should be in a different league to h1 and it should not turn into another h1 where you are slapped with rfe left right and center. Example Pay stub rfe, ability to pay rfe, customer Purchase order RFE etc etc etc, Green card holders don�t have any problem working in these same jobs so why should EAD people face this nonsense (otherwise it is just like h1). Before people complain this will become like a green card, lets me answer in advance, if a person from ROW can get his green card within 12 months of coming to US, why cannot people from India\china who have worked in US for the last 5 to 10 years get the above mentioned relief on EAD. EAD should be superior to h1.the only restriction should be you should work in the same field, i.e. if your labor certification is for Software engineer, programmer analyst etc , then you work in a software related job and cannot become a greeter in walmart :-)

    Without strengthening EAD\AC21 with the above mentioned items you are turning EAD into just another h1.If we push for prefiling AOS without strengthening Ac21 it is a big disadvantage and slap on the face for all the people with older priority date. Because of July fiasco when everybody got current and filed for AOS, USCIS issued GC to people from 2006 leaving behind people from 2003, 04 and 05. USCIS should have gradually moved the dates from 2003 to 04 to 05 that way people with older PD would have got it first. With prefiling AOS it will become a lottery like in August 2008 where 2006 PD got GC over 03,04 and 05 in eb2. Safeguards have to be put in place for order of priority date otherwise USCIS will indulge in this lottery mode and excuse there behavior by claiming they did this to save visa wastage.




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  • weilai
    06-22 03:57 PM
    My wife had a H1B working for company A from 08/2003 to 07/2005 (from I-94) and she filed another H1B application to work for company B in 05/2004. She got the notice, stopped working for company A and started working for company B. However, she never got the aprroval notice for the second H1B application. Actually this case is currently still pending. She worked for company B until 07/2005 which is the expiration date of the first H1B. She changed to F2 later in 07/2005. I was wondering if there is any problem about status or employment authorization for this period of time from 08/2003 to 07/2005.



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  • MLS
    09-25 02:06 PM
    Hi Nat,
    Fragomen took about 6 months in getting "prevailing wage info" for my case in 2001. My manager ( Canadian who had gone through US GC process himself) finally talked to them and asked them to file without waiting for DOL's reply on prevailing wage. (That was a risk but we agreed to take it at that point)

    That six months delay costed me 6 years in GC processing ! But thanks to my manager , otherwise I dont know how many more years I would have waited.(One of my co-worker still awaits his labor cert !)

    The big law firm goes by predefined steps , which are probably the safest way for most cases but may not be the fastest way. You need somebody who has been through this process and can understand and asks good questions to lawyers and can help lawyers to think for your perticular case. Check if you have somebody in your org to do that.

    All the best.



    My company started the PERM process for me about 2.5 months ago. I contacted Fragomen about 1.5 months after approvals within the company and they said they are working on establishing min requirements for the position. I then contacted them 3 weeks after that day and they said they have established the requirement and will request the DOL for prevailing wage info (this was 2 weeks ago). After which they are going to start the recruitment process. So I'm not sure if the time line is okay or should I be chasing them more frequently? Please advise.

    Regards
    Nat




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  • gunabcd
    07-17 10:09 PM
    Some of the core members are also stuck in BEC. But they still worked selfleshly. And don't preach injustice to me, I came here to study in 1999, got one labor (PD 2002) rejected on technical grounds, went in for other labor PD 2005, so my situation is probably worse than you.
    Are you the guy who came up with a stupid idea of creating an entire thread for banning people? You probably don't even know the definition of Freedom and Injustice and you say you studied in US (did you pass?). and hey my earlier post was not a response to you.



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  • zbd
    06-13 10:59 PM
    But I still have not make a decission how to apply, CP or AOS ?
    My 140 was indicating that I was going thru CP but I will have re-think since date might come back and retrogress.

    What it your thoughts GURU's ?




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  • sxk
    09-26 12:51 AM
    All law firms hired by the employer will only respond or react to employer and not to the employee. Fragomen is very conservative (not 100% ethical) and will not take any chances with GC processing. Employers will always take the law firm's adivice because they dont want to take any risk either. Fragomen represent almost all of the fortune 100 companies, all of BIG4's, BIG 3's and all major consulting firms.
    If you (personally) hire Fragomen directly they will respond to all your queries in timely fashion. You will not talk to the lawyer at all. You will only talk to the paralegal. This is the problem with all big law firms.


    Again, the prestige of the law firm you hire does not have anything do with your application.



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  • mrajatish
    03-21 11:34 AM
    Exactly my thoughts - we should try our level best to get one of these bills passed (Specter or Frist) with our clauses in it.
    1. AC 21 clause reinstated or atleast have a fair distribution policy
    2. I485 filing after a certain wait time.

    If none of these bills pass this year, there is a chance we will be stuck for a long time in BEC/140 stage.




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  • days_go_by
    07-17 10:10 PM
    It would soon be 9 years for me to be here in US, my 2001 app is in DBEC. I have been with the same company for almost 7 years, have survived through rounds of layoffs, and so many other personal issues, I can not even count.
    Despite this I am willing to stay here and give it some more time.
    For the first time in last many years, while my app was rotting at SWA, I have seen an concentrated effort by an organization to raise immigration issues.
    I am willing to see what IV does and how far reaches in it's goals, at least various lawmakers are aware of our problems now.
    Keep the faith, hang in there, this is a really long tunnel but after so many reversals, it about time we see something positive done for us.
    As for the those who say, "US doesn't care, i will go back, US will get hurt", I don't buy that argument, US will not get hurt, despite so many problems US still remains a magnet that attracts talent from all over the world.
    If you leave, or if I leave will have very little impact. And even if u go back and start working for TCS or Wipro, they will send you back to US on a project.
    Unless you want to start your own business, I don't see much benefit in going back and working for the big consulting companies. And if you want to start business, why not start here, who is stopping you? ok, i know there are limitations on H1 etc, but there are many loophopes work around those.

    And what if things change in India? if things are not in your favor there, where will run from there? where will you go?

    My point being that we have a pretty decent chance to getting some immigration relief here, IV is working towards it, instead of saying "forget it" I am leaving, let's all learn to fight.
    Let's all learn to work to solve this problem. Work with IV, work yourself to get one of these bills passed.
    If nothing else, lets's all make it a point that every 2 weeks, we will write a letter to our lawmakers explaining the problem and asking for relif. every other week write to a media channel.
    Even if you are not great at writing letters, just write what you can and send, it doesn't need to be perfect.
    Eventually, someone will notice, eventually someone will do something about it.
    So, for all those who are thinking of running away, I am saying, how about stay here and fight here. Let's stop taking the easy path out everytime, if you want your benfit, stay and do something positive.

    your's truly,
    Sangam.



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  • senthil1
    09-13 10:56 AM
    These news are common when anyone is in politics. When some one get sudden familiarity other group try to spoil the name. First they tried that her 5th child is not her child but her daughter's child. She immediately announced that her daughter is 5 months pregenant. After that they started that she has immoral relationship. It may be or may not be true. But until it becomes true she may be considered as good wife and Mother.She is inexperienced that is true but if we consider that Obama also inexperienced. So it is just selecton of better evil. But Politicians here is much better transparency,less corrupt,better skilled than majority of countries in the World.

    Just to add, Not sure if this is true but there is news that Sarah Palin cheated on her husband, and had a relationship with the business partner of her husband. She is not a good mother, not a good wife, cunning & opportunist politician, with very little experience and a heartbeat away from her finger on the nuclear button when she is ready to go to war with Russia. Watch some 'Sarah Palin' youtube videos and see for yourself.

    Now please don't call this "deep sexism", did anyone see Dick Morris around?

    There is something about politicians who cannot pronounce the word "nuclear" properly. They all seem to somehow become Presidents. Maybe we should start pronouncing the word "nuclear" differently, it may help us to us to become president. :D




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  • lkapildev
    04-17 01:02 PM
    Trust me you are in the better hands. Everyone is suffering no one happy with their attroney.

    Once i called USCIS for my AP using BUNNYBOY sequence. The USCIS officer was rude and asked me who is the attroney. When i mentioned fdbl then he mentioned that fdbl is a respected within fdbl.

    They take the process long but their success rate is 99.99%



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  • indyanguy
    10-02 07:09 PM
    A very surprising thing happened in our company today. Shocking it may seem, they laid off 5 employees in my department today without any notice. Today's happenings makes me want to gather as much info as possible in case something unexpected might happen.

    I am a July 2nd filer of 140/485 concurrently. No I140 approval yet. Received AP and EAD for both me and my wife.

    If I request my employer not to revoke I140, will I be able to use my EAD for my next job?

    Can someone give suggestions on what other options I have if something terrible happens to me?

    Thanks




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  • sc3
    07-18 01:43 PM
    Excellent response. I have been a silent admirer of IV for some time. IV has represented the aspirations of all the EB applicants. people should understand that the US allotment of visas to foreign Nationals is only based on what is fair for the country (US). It does not matter to them to what country the applicant belongs but what matters is the qualifications and their benefit to the advancement of the US. I am appauled to see some of the members racheting up this irrational discussion about the spillovers when DOS clearly stated recently what the intent of the law was. the sooner they get over this issue, the better for them and for every one on the forum as the existing rules will NOT change regarding the spillover. we have to concentrate our efforts on how we can improve conditions for every body affected by this retroression. efforts aimed at one category and that too one country will almost certainy fail. I am also shocked to see a few EB3 I expressing anger over dates moving for EB2. personally if I see a person from my country getting his visa approved, then I would feel very happy for him even if I am waiting for some time. I know it will be difficult, but atleast spare some joy for your country men and women who are getting some well deserved relief after such a long wait. one of my old friends told me once "if you have a friend from India, don't rely on him to help you, because you will not get much help moreover some people will only try to pull you down, but if you take people from other countries, it is exactly the opposite as they try to help each other in every possible way". I agree that it is very distressing for every one that the dates are retrogressed, but now that EB2 has moved, all of a sudden some people woke up from a deep sleep and started making these arguments that have no legal basis. None of these people expressed their anger when EB3 ROW was being preferred over more qualified EB2 I and C and making EB2 unavailable. I know a lot of people from EB2 protested at this wrong interpretation of the law, but I don't remember anyone ever criticizing IV for not taking up their cause even though we knew all along that spillover from EB1 to EB2 retrogressed countries was the right interpretation of the law. now some people are asking IV to take up an issue that is straight forward illegal as was clearly explained by DOS in a recent bulletin. instead of wasting time and efforts on such futile suggestions, people should concentrate on making some constructive effort along with IV helping every one involved in retrogression.


    Ok, firstly, if you are really honest about your feelings, no one is really happy for another unless what the other has done is useful to you. You can wax your eloquence with claims to contrary, but you know it is true. So stop this pretensions.


    Ok, you want a constructive suggestion? Rat on everyone who is doing fake jobs, is a body-shopee, bought his GC etc. That should get rid of at least 20-30% (conservative numbers). How many will support it? I guess not many.

    How about asking USCIS to make the priority date of the substituted applications to be the day 140 is filed? Any takers there? I guess not.

    And then people have the gall to tell us to be happy for Eb2ers, and that we are jealous.


    PS: I realize that substitution is no longer possible, I mean to ask USCIS to retroactively apply the priority dates for such cases.



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  • go_guy123
    08-08 11:11 PM
    Only option left for us is making 750k and invest in business in US, You get green card . Otherwise go bakc to india.

    Yes if you are born in India, then US skilled immigration is closed for EB2/3...its over..finished. I realized this in 2005 itself and started preparing, applied for Canada
    PR in 2006. Took GMAT and applied for MBA. I only applied for Canadian schools...not 1 US school...I learnt my lesson...fool me twice shame on me. In 2007, I got my Canada PR
    and well my MBA admission. I paid resident tuition fees, got loans from Banks as I was a PR. The plan worked picture perfect.

    Interestingly when I was applying for my MBA in Canada, one friend of mine was preaching to me to do in US and not Canada....well guess what ...he got his a** handed over to him and lost his job and is back in India. He applied to US top schools and thankfully he didnt get admission. Overwise I dont know what would have happened.

    I am in touch with Indian student in US B-schools like Harvard as well. Their life is living hell now with 20+ lakh loans in India with parent's home as collateral. Employers run away like seeing ghosts moment you mention H1B.




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  • njboy
    06-29 09:43 PM
    God bless him



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  • BharatPremi
    12-10 10:52 AM
    Anyway one thing comes to my mind, it still amazes how Mahatma Gandhi was able to inspire people out of this lot to do what they did

    You tried to bring up very fundamental question. That requires pages and pages of debate but in short answer to your curiosity lies in the "set of people". Mahatma had to address a very different set of people and very different set of conditions. Let's stop this there.




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  • desi3933
    03-20 10:17 PM
    Desi, with due respect, I have to clarify this, I am not talking about H1B status here I am talking about "unauthorized work" part upon change of sponsor.

    Please explain.




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  • Hinglish
    03-21 02:40 PM
    The more I read this form, the more I become disgruntled with this community! To say that someone from a lower class of visa and not from an "Oversubscribed country" (and I am assuming you mean India) is less skilled and less deserving than someone from a higher class and oversubscribed country is ludicrous to say the least. Each and everyone of us (and I mean "legal immigrants") have our own skill sets and contribute equally to the American society. As long as we are competent at what we do, then we are all SKILLED in our own way. The only real defining difference among the visa classes is the level of education not skill. To suggest one is better based on education alone is arrogance and nothing else!

    The U.S. immigration system is not without its flaws and despite the delays and frustrations, it is FAIR! The per country limit is to ensure that citizens of ALL nations have an equal opportunity to immigrate to the U.S. and not just a select few. The only thing that I have found unfair as far as immigration in this country is concerned is the politicians' focused efforts to do something for the "illegal" immigrants at the expense of the "legal" immigrants.

    We are all in this together and the insults and innuendos that dominate this forum divide us so let's stop them and focus on the real issues!

    sorry for your disgruntlement ...

    It is USCIS that decides the categories and it is they who say that EB1 is more skilled and valuable than other categories
    Again ... like I said in my post .... It is NOT NOT individual's qualifications or Country that matters, it is the JOB descr they do that decides the EB category. IF USCIS places more value on EB1 than EB2/EB3 category jobs that is not my problem .... but thats the way it is (doesnt mean that it is in anyway right)... and that was my point ..

    The innuendos are being spread by people like yourself .... and reflects your own insecurities and frustrations.




    H1BLegal95
    02-11 01:34 AM
    1. Bush is a lame duck president now.

    2. He is not going to do anything for anyone in his last few months. Especially for us who are not in anybody's radar.

    3. The white house is better staffed to handle mail and has a larger team to scrutinize mails. Truth is Bush meay never hear about 25K mails sent over a month.

    25 K Mails sent in 2 days well may be.

    This is a good effort but wrong target. May be ppl sense that and are holding off.

    4. We cannot be just an internet forum anymore we need meet n greets..periodic meetings that bring ppl together face to face.




    a1b2c3
    01-13 02:02 PM
    Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
    Does someone has answer for this?

    If your job profile demands seniority (which it must be - going by your EB3-2003 PD), you are better off refiling under EB2, instead of *just* (read just) spending couple of thousands on IV campaigns and beating up on people who are not contributing as much you have done to IV. That is not to say we stop contributing for the general cause. Don't misunderstand and start flaming at me, won't do any good.

    I have not done this myself with the same employer, I changed my employer for a senior job position and I had also acquired a masters degree in comp engg from a reputed university before I became eligibile for EB2. But as a fellow IVian, who understands the EB3-I issue, I would surely advocate this not only to you but to all other EB3's with older PDs.



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