Thursday, June 23, 2011

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  • chanduv23
    09-02 12:32 AM
    All the NJ members - it is very critical that you all attend the rally. As this chapter has been lying dormant for a while, we decided to merge this into the tri state and a lot of NJ members are in the tri state chapter. Those of you who have not joined the tri state chapter, please do so by joining the tri state chapter at

    We are also in need of volunteers to help us in the flyer campaign in the tri state area with main focus on New Jersey.

    Please vote your willingness to attend the rally at

    Also if you want to ride the bus please visit the thread

    Please PM me or tnite or mpadapa or singhsa3 if you want to volunteer for action items.

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  • puddonhead
    08-10 02:25 PM
    I think it will be a lot easier to focus out energies to port ourselves to EB2/EB1.

    Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.

    Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.

    So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.

    I think that discussion will be far more productive than any wishful reinterpretation of the law.

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  • gsc999
    09-26 08:55 PM
    Here's a classic example ..

    If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.

    I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.

    Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.


    Thanks for your feedback:
    "I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."

    Your comment doesn't make sense to me. Please explain.

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  • thadipalam
    11-19 10:40 PM
    Hi lwpd,

    Is this true?
    "If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you "


    You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.

    abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... )

    I wish you all the best with your life.



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  • h1techSlave
    04-07 04:45 PM
    Congrats buddy!
    Finally just received THAT email. "Current Status: Card production ordered"

    PD Sep 2001

    EB3 India.

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  • getgreensoon1
    05-23 02:12 PM
    All these years in US, getgreensoon1's expertise in IT ?
    cntrl C and cntrl V !

    That is what these computer workers do. Go to forums, steal code, copy that at the appropriate place, change variable names and screw up all the copyright issues.


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  • texanmom
    09-26 11:40 AM
    Please deluge both the author (Eilene Zimmerman) and the editor with emails pointing out the misrepresentation of IV's agenda.

    Using words like 'defamatory' , "unethical reporting" and 'misrepresentation' catches their attention since they are always afraid of law suits.

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  • ganguteli
    01-25 01:02 PM
    Another good idea is to post about action items on sites like Trackiz. I did a search and did not find any posting of IV on that site in last 6 months. So either nobody posted or postings are deleted. We need to keep posting on all such sites because not everyone visits IV.

    We neeed to spread the word.


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  • sukhwinderd
    03-18 08:42 AM
    please PM vin13

    I can donate about 30K Continental miles. Please let me know the procedure.


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  • sanju
    02-03 05:28 PM
    Alright guys you seem to have more Political understanding than I have, that was one reason that I was talking 20 people, I have 6 people now, when we'll talk these things will come, as these 5 people may have your kind of Political knowledge

    Look mirage, I want to help in anyway I can, and I know your intensions are good, but good intensions and mere frustartion arenot enough to produce the desired results. The effort has to timed well. Bush had good intensions, atleast thats what he said, but the outcome was not how everyone desired. I am telling you, conserve your energy for the right time, don't lose steam and willingness to do something about the issue, but do not waste your energy. Use it wisely. Although, I must say that I have witnessed a lot of gurus in these forums. Sometimes I see them logged in, but they do not always post. If I were you, I would do my hiomework, get those folks on board, chose the right time, and put in the best effort.



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  • webm
    03-17 04:56 PM
    Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.

    Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.

    So legal pattern for spillover is as under.

    EB1 -> EB2
    EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
    larger demand.)

    Note: Nothing goes from EB3 to any category and practical reality is that
    nothing extra comes to EB3 as EB2 is always hungry:)

    In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.

    USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.

    well said dude!!!

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  • xela
    03-19 10:33 AM
    I assume there are more people like me out there that originally filed in 2003 or 2002 for ROW EB3 and then there came Perm
    Since nobody had touched my 2003 file (backlog), my lawyer advised me that PERM would be a good way to go, it also would give me a chance to file with a new job descroption that fit my by now different position.
    Bad thing was that she did not advise me to recapture my 2003 date but rather kept both applications in the running saying that we could cancel the 2003 when they finally got to it, which was June 2007 and at that point I could file in July for 485 with the Perm. Now my 2003 case was a regular one so we would have had to redo the hiring we did already for the perm.

    I have this feeling there were many older backlogged cases that people ended up cancelling last year since their PERM ones are further along and they did not want to go through any more hiring processes or lawyers payments. Or because they gave up?


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  • sprash
    01-30 02:35 PM
    Wow! Thanks a lot for posting such detailed RFE information. This really helps a lot in understanding what I may be asked.

    My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.

    Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.

    Yes, I believe thats what they might be doing - preprocessing. There was no obvious 'trigger' event that caused RFE on my case either. They raised these RFEs even though I had not changed my sponsoring employer or transferred my h1b. I have a feeling they preprocessed mine too.

    I don't mean to scare you (just prepare you for the worst) --- you might want to talk to some desi consultants and make an arrangement that in case the RFE is employment verification, they give you pay stubs from the time you were laid off. As you can see from my RFE, you might need to show your recent paystubs and employment verification. Yes, it will be a financial loss for you, but without these I believe your case can get rejected (gurus correct me if I'm wrong!).

    Again I am is just hypothesizing your situation, your case might be entirely different. This is 'just in case'.....

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  • transpass
    04-09 10:20 PM
    This is an "Ouch..." visa bulletin.

    Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...

    However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.

    EB1 used up all its numbers last year and we dont know what will happen this year.

    EB2 ROW usage looks low, but then again no movement in EB2 India...

    Patience and persistence....

    Good Luck to all of us.

    Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...


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  • grinch
    03-14 02:55 PM
    I'm kind of dissapointed people are voting due to realistic proportions... I wanted people to vote on artistic show

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  • kumar1
    12-15 12:19 PM
    Chandu-I agree to most of what you say.


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  • Ramu25
    04-26 10:52 PM
    Can I apply for the adjustment of status by my self without the H1 - employers Notice.From L1 to H1.

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  • chanduv23
    03-07 06:23 AM
    From what I understand, Rajiv and Sheela are highly experienced and know AC21 in detail. They have seen successful AC21 cases and thats the reason they are pretty confident.

    It is always safe to keep all paperwork intact and updating USCIS during job change but there is also possibility that it increases burden if you keep changing multiple jobs.

    A good way of invoking AC21 is
    (1) Have the Attorney prepare the letter template - Attorney will make sure the letter is right.
    (2) have it signed from your employer - this should not be a problem - I have noticed that employers have issues with h1b visa because they require extensive paperwork and money, but signing a letter must not be an issue.

    A lot of employers are not aware of AC21/EAD and may get worried. But there is absolutely no issue. All you do is to educate them. So many people have started using EAD and changing jobs and slowly eployers will understand this concept.

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  • njboy
    09-26 11:49 AM
    here we are busy trashing each other, while in the cnn artile, everyone has joined together and is bashing us...

    I have not seen a single person say positive things about the h1-b program. Instead of infighting here, can we all go there and try to justify the need for skilled labor? Everyone seems to say..they should hire from US...but they forget that there is noone in US to hire. This one sided bashing by anti-immigrants/ racists will only damage our position.

    07-27 07:33 AM
    Really need urgent help on this. These folks are asking me to sign a 1 year contract with them. Wanted to ask if anybody has any experience with this company.

    Do they really sue if we break the contract?. Is it legal in the US to have a binding contract to begin with?. Please let me know. I need to make a decision in a few days as I am packing my bags from Texas and flying to Santa Clara to attend their courses...

    03-12 02:39 PM
    Here we are again "Mentally" bruised and beaten by yet another VB.
    USCIS talk about some unknown cases in district offices..tomorrow they will say they have more pending unknown cases at some local attorney general office. And then we have no spillover happening, just asking for a disastorus wastage of visa in the last quarter. That's all ridiculous and making a mockery out of us.

    Wish I had the power and money to pull USCIS in court and ask them to actually clear the scene to all of us.
    Can "IV" in some way provide us with the "Power" to question USCIS and publish the answer in public? If the answer is Yes, then I am sure many people can contribute for the cause.

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