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  • 24fps
    03-08 11:27 AM
    The situation on the ground is this:

    L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.

    Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.

    Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.

    Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.

    I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.

    perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.

    IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.

    WOW thats rough! just recently a friend of mine who was on the o-1 visa (in the entertainment industry) applied for an extension as his third year was up, he got rejected!! this is unheard of in the o-1 visa (unless you commit some crime, which this guy never did etc) the o-1 doesn't even have the "displacement of american worker" clause that can be used to reject extensions, and once the "extra-ordinary" ability is proved how does it diminish??

    With all this BS going on they might as well shut down immigration for a few years.:confused:




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  • perm
    05-03 08:51 AM
    http://www.tmcnet.com/usubmit/2006/05/02/1632215.htm




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  • java_jaggu
    04-21 08:33 PM
    This thread just puts things in perspective. Getting a GC and beyond is a good thing, but in the larger scheme of things, enjoying the present moment and enjoying what you got is far more important. You never know when it can end !




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  • sanhari
    07-21 11:24 AM
    Use this forum strictly for discussions on support of EB spillover usage based on priority date. Others please look for other appropriate forums for your discussion. Not meant to hurt anybody's feelings, but to keep focused on the purpose of this forum.



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  • Vish
    08-28 06:42 PM
    My application reached NSC on 1st Aug.

    Checks have not been cashed.
    No Reciepts
    EB2 from India
    PD Oct 2003




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  • abhijitp
    11-21 03:07 PM
    You are turning a blind eye to his family, while also asking him to spend time with his family. You ask him to spend what he can on his treatment, while his insurance cover may go away if he quits his job and return to fiji/india.

    There is no easy answer here.

    But if he had his GC, he could spend all the time with his family, use his insurance cover at the same time, and not worry about his family going out of status.
    He COULD try to expedite the GC, while also exploring other options.

    Sorry for splitting things apart, Mehul. My best wishes are with you.



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  • gc_on_demand
    05-08 03:08 PM
    If I contribute will IV make EB2 unavailable?

    When ever IV go and seek advise from Law firm or lobby firm they charge some money. No one is giving free advise in USA. We cannot run random campaign becasue people will not participate if no out come. We need to find out perfect time. Also we , and IV are common people who came from foriegn country and have no idea of whole US immigration system but law / lobby firm do.

    If you and other sincere member contribute and participate activelly we may achive something. May be just giving few USD will not help. But there were so many anti coming to site and harming our agenda. since we have donor forum few anti come there. So if you are serious do contribute and get donor status. Participate in state chapter and work with IV and all of us. That will make date current for all.




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  • anilsal
    08-13 11:22 PM
    On aug 9 th, USCIS nebraska center issued a total of 4063 receipt nos for 485, EAD, and APs.
    see the link http://.com/discuss/485eb/20866725/
    From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.

    We need something similar for the Sept 18th DC rally. Can you guess? :)



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  • eastindia
    09-27 12:50 PM
    I think your idea is good. But this could be very difficult to implement, at least for USCIS.

    Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.

    Have you contacted anyone about your ideas? Allowing everyone to port from EB3 to EB2 will solve a lot of problems that America faces today. Except Global warming of course.:D




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  • obviously
    07-27 07:15 AM
    LEGAL AND STUCK IN - 7 YRS. ILLEGAL AND SNUCK IN - 7 MINS. CHOOSE!

    It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.

    Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.

    Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).

    So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.

    Thanks!



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  • smisachu
    10-08 04:55 PM
    I have the following questions to pick the brains of my fellow IV'ians:

    1. I would like to change careers. Since I can have multiple employments, can I have 1 job which fits the LC job profile and second which is in a new career.
    How I intend to do this is by consulting in the field of my current job (as per LC) and have full time employment in a different career.
    This leads to my second question.

    2. This has been asked before , but I did not see a good answer. Can you consult using 1099 or should you be on the payroll ?

    3. Thirdly, Assuming I have to consult through a consultant and not through 1099;
    I intend to use a consulting company. Since there are no consulting companies or I don't know any, in my current field of work (Automobile engineering) I will have to use a regular(read Desi) consultant. Is there any issue with this as the code for him will be different than the labor code of my present employer. I will put down that I am working as per the same code as my labor, but the employers code will be different. Consulting companies usually get a code which will say " Nature of business: Consulting-All kinds". Will this be sufficient?

    All answers will be greatly appreciated.

    Thanks




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  • jfredr
    11-21 10:51 AM
    Hi Mehul,

    I have heard in the past that Wife gets consideration in case of family problems like divorce.

    Definetly there should be a way check with Attorney.



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  • dval_dpal
    09-10 08:51 AM
    Eb3-I would move much slower then snail's pace.

    My PD is Jan 04, so I am not sure how many years would it take for my PD to be current. :(

    god knows how many years...but one thing i'm sure for my GC will come after 12 Years ...
    My son is 6 years old on this 12th Sep 2009 and he will file for my GC at the age of 18...

    till then no worry ...enjoy with kids....

    thanks

    PD: EB3 India June 2004.




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  • baleraosreedhar
    07-20 08:48 PM
    as gc28262 has indicated, that proper analysis and the correct interpretation of the law is needed to change such matters. Unless, EB3 people come out of the lethargic content/self pity and start working on the issues as if their life depended on it (it does) - just writing to the senators and representatives will not help. The legislative offices is not going to do the analysis (in the time that matters to us) and address it to the USCIS. However, if we do the ground work and then approach them, we may have a better chance of succeeding.
    Whenever EB3 asks for writing to senators and congressmen, EB2 folks will discourage, but when Eb2 wants to write to the same group everyone encourages.

    Why is this pathetic response to a Eb3 guy.

    Please remember prior to BackLog days there was not much difference in time span for getting a GC and Employers wanted to cut back on paper process and used to file in EB3 only.

    SO please never say High caliber as EB2. there are highly experinced and excpetionaal guys in EB3, but due to Employers negligence and bad luck they are in EB3.



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  • GCEB2
    09-11 06:49 PM
    Hi GCEB2,

    Please share you Infopass experience after you are done with it today. My case is exactly same as yours.

    I had info pass appointment today in Newark they asked my
    Info pass appointment letter
    I-485 approval letter
    Passports

    I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.

    I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.

    After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update

    Approved on 8-12-08




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  • h1bmajdoor
    09-30 12:59 PM
    I have recently been talking to members who have already filed I485 and have used AC21 to change jobs. I noted some limitations people face while changing jobs, getting higher salaries, making use of AC21 for changing more than 1 job.. etc etc.

    It seems there is lack of information on this subject. Let us use this thread to

    - share expeiences
    - List issues you have all faced so that IV can have this information while working on advocay efforts.
    - Make others aware of your problems and do's and don'ts in the community.
    - Interpretation of various lawyers on this and how they have helped you solve your difficult situations.


    Hope this information will help everyone

    AFAIK there is no "more than 1 job change" regulation. You can change as many times as you want.

    There is no need to inform INS. If you wish to be _extra_ safe you may, but be aware that "any information you provide will be used against you". Don't try to be more patriotic than the king.

    As far a salary goes, AFAIK you have to make as much as the LC requires you to.

    The job description has to be "similar". I guess that means if you were writing C++, you can't start driving a truck.



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  • yetanotherguyinline
    07-10 06:00 PM
    --
    Yes, we will finalize by tonight the text for the flyers for posting in the grocery stores. We need volunteers for putting out these flyers. If you want to help please PM me your contact details. There is a conference call t'night at 7:30 p.m. for allocation of duties.

    I already have four volunteers need more.

    I am in the bay area and can help organize this. I have sent an request to add myself on the yahoo group.




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  • alterego
    12-11 05:05 PM
    I feel more H1b visas alone and/or nurses visas only would actually be bad for us. It takes some of the pressure off the senators from the Tech Lobby/healthcare lobby. In fact one of the silver linings in this last week is that nothing at all was done. This is sure to keep the pressure rising in the start of the 110th congress.




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  • reddymjm
    06-08 06:07 PM
    My case was received by NSC on JUN 1st. They issued the recipt numbers on JUN 5th. I am still waiting on my wifes. They could clear on Monday.. Looks like NSC is also trying to speed up things. They are just one day slower than TSC in issuing recepts.




    Michael chertoff
    09-23 12:53 PM
    A lawyer posted this on his website

    Visa Bulletin Predictions and Updates from Charles Oppenheim
    September 23rd, 2010 | Category: Articles, News

    Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.

    We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.

    General Visa Number Trends

    Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.

    With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications

    Visa Bulletin Predictions � Employment-Based

    Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months� visa numbers, the rate of cutoff date movement may change.

    EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.

    EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months � by one or two weeks at a time for the next few visa bulletins.

    EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins � perhaps by one or two weeks at a time.

    EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.

    Visa Bulletin Predictions � Family-Based

    Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.

    FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.

    FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.

    Conclusion

    Mr. Oppenheim�s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.

    So basically . There will be no movement for EB2 india.




    utthesta
    05-20 02:12 PM
    I am a 2 July 2007 filer. Many SR's and calls later no FP.But I applied for EAD and AP renewal last week.I got the FP notice in mail today.

    So I think that the renewal may trigger a FP notice.


    -R
    Hi,
    I filed mine on 27th July, 2007;
    Do I need to apply for renewal now? How sooner or later we can apply for renewal?



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