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  • letstalklc
    07-20 11:09 AM
    Sanhari,

    If GCs were sold in stores I would buy you and your family a bunch of them.
    You are in the EB3 category, do you ever wonder why somebody who is more educated than you or me, makes more money? Can we say, hey you I was born in 1890 I should make more money, it does not fly, EB3 is not a reflection on your skills but more the job you hold.

    The question you should ask is why have EB1, 2, 3, etc?

    Why do you not include the family based categories, isn't family first, why not the EB spill over to to FB first then whatever trickles down comes to EB, is not this fair? I am sure there are a lot in the FB queue who have waited for longer than you. Now dont tell you you are better than FB because you are highly skilled, pay taxes, etc.


    You signed up for this knowing what was in store.
    You think writing a letter or starting up a thread is going to help?

    I just wonder, is IV some kind of therapy? something like weightwatchers,
    maybe we should call ourselves GCWatchers, for frustrated GC folks from India.

    Tell me this, are your bosses fools to sponsor you in EB3, do they not know it will take years? No they are not, ask yourself why?

    India is shining, not a bad proposition at all.

    Well said my friend.....




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  • desi3933
    06-23 12:19 PM
    Can an employer revoke the I-140 after 180 days of I-485 pending?

    Yes. However, AC-21 can save the I-485 for the beneficiary even if I-140 is revoked/canceled as long as the date of such request is dated after 180 calendar days of I-485 filing date.

    Not a legal advice.




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  • sanhari
    08-13 10:23 AM
    Dear EB3 folks, please don't get discouraged by the Sept visa bulletin, let's keep our focus contacting congressmen/women, USCIS and DOS to push on a fair policy, of using the visa spillover against cases with older priority dates. Also for all other folks, who don't support this, we are just trying our best to get a push somehow to stay along with others in the queue, moving forward, instead of quietly watching, so please do not discourage. If you don't support or have a better solution, please start your own forum for further discussion instead of discouraging the folks in this forum.




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  • minimalist
    01-30 04:40 PM
    I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
    There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
    As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
    It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.

    Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.

    The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
    Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
    So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.

    Peace out.

    PS:Aksham,this is not directed at you.
    I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.

    Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.



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  • nixstor
    07-08 11:24 AM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.

    Absolutely, Those who filed in June 2006 had a visa number available which were exhausted by the month of Aug 2006. I am not saying that there is a one to one match between availability of visa number and adjudication of visa number. To be more clear, DOS and USCIS might have took 30K applications when there were 20k visa numbers. I am totally aware of this. How ever, all these went unnoticed because there was not a deluge of applications like this and USCIS did not care much about the extra 10K, who will wait until they are available. It could also be possible that they were doing this so randomly like they have done right now, with out proper communication and have not hurt each other. But the deluge of applications sure did bothered USCIS and hence they worked over time to exhaust numbers. As we all know, there is no rule to say that if there are 20K visa numbers, stop accepting applications once you reach 20K, they have to honor the VB for that month even though they get 200k applications. Thats why they exhausted the number by July 1st and when they could not complete by Jun 30th. I feel that USCIS will have a tough time answering

    a) How USCIS used the numbers before the start of the quarter, even though they are not authorized to?
    b) How USCIS approved some folks on July 1st , when the July VB is already effective?
    c) lastly the poor communication between agencies and the grievances suffered by every one involved, if at all.




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  • chanduy9
    07-03 12:50 PM
    Order # FNM1314828


    Guys do it..lets try our best.

    Thanks,
    Chandra.



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  • Refugee_New
    08-18 03:07 PM
    All we are asking is to support some kind of action against the USCIS...
    we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something

    we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...

    for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3

    What USCIS practise is unfair and unethical. Approving 2006 cases and leaving all those old cases is really an inhuman act.

    What is the gaurantee that it will not happen to EB3 in the future? Let say in october EB3 becomes current and they start approving cases filed in 2006 and 2007 and leaving 2001, 2002 and other old cases, will you just keep quite?

    Currently its happening to EB2. There's a 200% chance that it may happen to EB3 also. Becasue bloody whole immigration system is broken and we are taken for granted. There's no accountability here.

    So its better to fight it out collectively. There's no point in dividing the community. Just think about it.




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  • keerthisagar
    02-08 09:52 AM
    going back to india is a personal decision, and each case differs. circumstances are key in this decision process. one or more members' past experience in india will not apply...

    for the people who decided to go, if you want to share your decision, please do and may be post on your experience once you have reached and settled in india.

    my.02c



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  • thomachan72
    11-17 03:54 PM
    Sent. Thanks!!




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  • GCard_Dream
    12-11 11:54 AM
    Can't agree with you more. Since 9 or so mandatory spending bills are pending for 110th congress and it will be the first order of business when congress opens in January, including minor provisions like these, which doesn't require any visa increase, should be considered as a possibility and pursued. If we just want to hit jackpot, it may not be happening anytime soon.

    Well said actually!

    From the past couple of years and efforts it is VERY clear that any kind of Quota Increase is a BIG no no with the Anti-immigrants. This now divides the IV users into 3 groups

    1) This group has already applied for the I-485 a Long time ago but has not seen their GC in the mail yet.
    2) This group has not been able to file for I-485 coz of retrogression.
    3) This group is stuck in Labour Certification stage and cant do anything about it.

    How about for starters if we try and alleviate the pain of people in groups 2 and 3, i.e. ask for people to be able to apply for stage 3 (and ead etc) without the PD mess. For the labour people we ask for a similar benefit. As for group one, well i know that you guys do not benefit under this, but consider this, you are already in a much better situation than the rest of 2 groups. I know you have to go for fingerprinting etc and renew the EAD every year, but consider this: People stuck in LC and stage 2 have to spend much more on renewing H1/H4s coz of lawyer fees. Maybe, if we reduced our demands to asking for 3 things

    a) Filing for stage 3 regardless of PD
    b) Relief for people in the LC mess
    c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)

    This might go under the radar as no quota increase is being asked for. I know this point has been discussed ad-infinitum before and we concluded that no more band-aids for the immigration process, let us get a permanent solution. Well permanent solutions take their time, especially with a Much more powerful lobby opposing those changes. For all we know this permanent solution may NEVER go through. Lets face the facts here:

    1) The big corps are pushing ONLY for H1B increase.
    2) Anti-immigrants are opposed to ANY kind of increase in numbers.
    3) Currently the political climate is such that it is either, deal with legals AND illegals or nothing at all.
    4) Currently FAR bigger problems stand in front of the lawmakers such as the war, stem cell, abortion etc etc etc.
    5) Currently the average American is OPPOSED to even legal immigrants for fear of losing their jobs to them.

    In light of all this, does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? I mean atleast if the husband and wife Both have H1bs and jobs, you will still be making a ton of money. U use things like approved I-140s to switch jobs with 3 year extensions or u use the EADs. Let us seriously think about this solution.



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  • mygoodluck
    08-14 11:57 AM
    ^bump^

    any updates where last date stands for NSC to TSC transfer cases?




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  • nomorelogins
    04-30 02:34 PM
    gcbikari ,

    Your argument is wrong. From the PERM FLATDATA Center DATA,

    These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:

    2003--->62912
    2004--->43,582
    2005---->6133
    -----------------
    1,12,627
    ---------------

    but these numbers you quote are certifications not applications right? many applications during these years may be in BECs?



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  • man-woman-and-gc
    09-17 03:49 PM
    For those wondering what's going on in this thread...here's a brief synopsis:

    We are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.

    There is a current list of members who have pledged support on the link below.
    http://spreadsheets.google.com/ccc?k...8fcKLTQ&hl=en#

    If you would like to help in this effort, please send me a private message with the following info:
    1) Ur IV handle
    2) Ph#
    3) Email ID
    4) Amount you would like to pledge.

    Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.

    Once again..we have nothing to lose...but a big gain if we can gather enough support and raise our voice against thsis open injustice.




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  • rustum
    09-25 12:46 PM
    Case might have got transferred to CSC. I applied on Jul' 23rd and no news yet.

    Thanks,
    -rk.

    Rk,
    Thanks for your reply. Lawyer sent 140 to Texas. But, it was transfered to NSC and got a receipt from NSC for 140. Do you think it is transferred to CSC not toTSC?



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  • lazycis
    11-30 09:03 PM
    My prayers are with you, man. Do not lose hope and fight for your life! You condition fits a reason for expedite processing. Fax expedited request to the service center where your I-485s are pending. Attach supporting documents. Call the USCIS customer service, they will tell you all the details, including fax number for this.




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  • akhilmahajan
    02-09 05:25 PM
    Thanks a lot srinivas.

    Grand Total - $649

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.

    Paid $50 through Bank Of America bill pay.

    Confirmation number: 8MT87-N97Y8



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  • obviously
    04-21 06:26 AM
    kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.

    It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).

    Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.

    If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
    It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!

    Sabre rattling might get you out of this one, but the world still remains a small place!




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  • JazzByTheBay
    12-16 10:47 AM
    Ditto - been here since 1998... Finally when one does get a GC, it's not really a high point of life - just another pending task accomplished so one can move on.

    One of those things - having it will not make a HUGE difference to life, but not having it does have its consequences. Funny how this works... :)

    jazz

    I have been in US since 1998 as well and I have a EB2 PD of Nov 2006. I keep myself healthy and happy. To me if there is no work here there will be work somewhere else and if there is no growth this country there will be growth somewhere else. Cheer up buddy :-)




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  • capriol
    09-13 02:32 PM
    Dear All:
    I am starting this thread ONLY for those who filed their 485's to the TSC from July 5th till July 31, 2007. If you have receipt notices for your filings in between these dates, please reply here. I am concerned with what's happening with our submissions at the TSC? Thanks.




    zoooom
    07-20 02:32 PM
    Zoooom, Anzeraja & All pledgers,

    Thanks for driving this effort. Subsequent to Aman's post, we can direct these pledges to the normal contribution drive for IV.

    It was amazing to see such response to call for funds for Aman and other core members.
    So whats the verdict..Do we ask all the members to donate towards the core fund..Anzzeraja what do u say...SAM??




    willwin
    07-28 11:31 AM
    I disagree.
    Why is it not easy to change from EB3 to EB2?
    We have to decide what is important in life for us. Current job/salary/promotion/ status quo or Geeencard?
    If someone wants EB2, they can change their job and apply again. The law does not prohibit that. So stop blaming unfair laws.

    So the only reason why a lot of us are in EB3 is becasue we have chosen to stay with the current employer who pays us well and do not want to take the risk of a new employer. So it is our choice and not injustice. The system allows us options. We cannot want a cake and eat it too. I am also trying to find a new employer to change my job and file in EB2. Everyone is free to do that.

    And stop claiming that you are fit for EB2 but are stuck in EB3. If you are fit for EB2 then why don't you apply in EB2? If you have a masters degree you can find a new job with EB2 that needs a masters degree. Anyone who does not have masters degree then get work experience and change your job to file in EB2. Ultimately we have to decide what we want.

    yes, technically that is possible. But practically it may not be possible for the same reasons you said.

    And to me they are valid. So you are asking some one in EB3 2002 to quit his current job and apply for EB2 because the system is inefficient and cannot grant him GC in 7 years and if tomorrow he does not get under EB2 as well, you will advocate him to file under EB1??

    You are asking to adjust my body size to fit a dress instead of altering the dress itself. Just because the system provides 100 loopholes/opportunities/possibilities, does not mean one has to explore everything to get justice from the system. As I said, not EVERYONE can do that. Nevertheless, it is easy to give advise.



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