Wednesday, June 29, 2011

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  • vkrishn
    09-25 12:21 PM
    Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
    You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.

    Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
    It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..

    If it doesn't suit me it's injustice.

    "Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
    It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake.. "

    Agree.. Most of the Top companies file based on the skill set and Qualification and do file EB2 for people who satisfy that requirement. Its the Desi consulting companies who do all the crappy stuff on earth.

    Top companies file EB2 for M.S Degree holders and thats what the law says. If one employer does not file under EB2 even after you are eligible for it move to another one. If you have the correct skillset you should be able to find another job.




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  • godspeed
    07-21 05:46 PM
    Paper filed, and uscis received on jun10
    got our EAD's for 2yrs on July 18th




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  • yetanotherguyinline
    07-11 11:23 AM
    Is this rally still on? On 14th? Then please update the first post on this thread which still says July 7th - it is confusing.

    Also, considering that there are only 4 more days to the rally if it is on 14th, we need considerably more publicity in the media and on blogs on this.

    This rally will be a watershed event because as far as I know, this would be the first of its kind by skilled, legal immigrants and it should get the media attention that it deserves.

    I second this. It took me full 15 minutes to figure out that the rally was on 14th not 7th.




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  • SunnySurya
    08-18 01:32 PM
    I don think this issue concerns you. So , with all due respect, please BACK OFF.
    Sunny Surya,

    With all due respect let me make a couple of observations here.

    1) First you file a lawsuit that prevents fellow Eb3's from porting to Eb2 at a later date, even though those individuals may have advanced in their careers and would be eligible for better jobs.

    2) Now that you have successfully broken a united community into two factions, you want the IV core to now further take up the "Eb2 cause" against the USCIS, because YOU cannot file a lawsuit against the USCIS (the 500 pound gorilla) an organization that doesnt give a c**p about the immigrants and even its own internal processing "rule"?

    3) Let me ask you, WHY should the IV core help ONLY the Eb2 at this point. You and some other Eb2 members were and are flexing your muscles against the Eb3 members who have been suffering in the EXACT same manner. What exactly have YOU contributed towards uniting the Legal employment based community and what have YOU done to help the Core team so far, that you now ask the core team to specifically take the Eb2 non-sequential processing up with the law-makers?

    If you see a problem with the non-sequential processing, why dont YOU write to your own senators/congressmen and ask them to follow up on your individual case?

    One more thing, if you are planning on replying back saying that "This is my last post on IV" so be it. IV does not need members who think of just themselves. And yes if you are planning on giving me red/gray/green dots please feel free to do so.

    Thanks!



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  • chmur
    07-27 06:28 PM
    Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it

    1. Revert back to the vertical spillover rule. OR
    2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
    3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.

    Let me offer my answers to the questions above:
    1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
    2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
    3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.

    I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers


    None ....

    Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.

    As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.

    I am baffled that you think anyone of us can actually dictate DOS what to do.




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  • SunnySurya
    08-24 09:19 AM
    Please don't get me started now. Almost everyone on this forum lurks because of self interest. If one has to do public service , I would join a organization like CRY etc.
    Regarding yourself, you lurk on this forum to show you are better than others now that you have your "citizenship". I doubt you have contributed even a single cent to the cause or written any letter or contacted any lawmaker. And I don't blame you because you have no reason to do that.
    But I strongly suggest that you should get a life!!!


    >> 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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  • GCStatus
    09-16 04:39 PM
    Someone reading the thread for the first time should be able to figure out what the plan is.

    man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?

    Someone who is logical, reads the first port




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  • BharatPremi
    03-28 11:20 AM
    You have predicted that EB3-India cut of date would become June 2003. But your PD is July 2003. Usually people do not predict that way. They predict their own PD would become current pretty soon.:D

    Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)



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  • dixie
    12-11 12:11 PM
    Lets take another view of this "realistic" angle : Its common sense to go after the low hanging fruit first (I-485, filing EAD etc), but what we conveniently forget is in that case we will not have any support whatsoever from the corporates,AILA,health care industry etc. It will have to be a solo effort from IV for which we would need the support and active contributions from at least half of the one million EB applicants affected by this mess. So far, we have piggy-backed on CIR and SKIL both of which were to a large extent driven by corporate interest. If you take these realities into consideration, provisions like 485 etc are not low hanging fruits any more, because we no longer have a stool to stand on. Given the infamous intertia of the lawmakers, introducing our own independent provisions will take a lot more than a membership base of around 6-7K, a contributing base of around 2k and a free-riding/blissfully ignorant base of 900k+.

    Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.

    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.




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  • mrajatish
    05-01 09:41 AM
    Yes, Any idea on when this bill come on the floor?



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  • dtekkedil
    07-05 02:01 PM
    If this guy from USCIS (Emilio T. Gonzalez) is an anti immigrant then he might think this is an appreciation from anti immigrants. dont you want to convey to him that these flowers are actually from people who got screwed by him and uscis

    There will be no mistaking because we will send mails to every media email address we have about what we are doing. The message will be in there! The flowers are to attract attention!




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  • stucklabor
    06-27 10:10 AM
    First up, thanks to everyone for resolving this issue on their own, in a reasonable and civil manner.



    In a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).

    1. Allow people to file for 485 and get EAD even if visa numbers are not available
    2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).

    The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.

    With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?

    By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.

    Santosh

    Santosh, those are good suggestions that I will take up to the IV team.

    1. The idea of a democratically elected IV goals is a good one but there are huge practical problems. As it stands, the present IV goals are those that most people have indicated are those that the organization should strive for, and from our discussions with Congress/Senate staff, these goals are achievable. With democratically selected goals, the IV core team would have the unenviable task of fighting for whatever goals the populace decides is right, without regard to the achievability of the goals. For instance, if the junta votes on goals, many people would say 'Full portability of GC' or 'Automatic clearance of all pending labor cert applications in the BECs'. Those would probably not fly. Our current talking point is that our goals are small changes to the process; we do not skip any steps; and we do not change the process significantly. A full portability to any job changes the process significantly. Even yesterday, Spgtopper met the staff member of a very powerful House member and the staffer was quite positive on our goals - we do not ask for more green cards, we limit our goals to ones that are reasonable.

    2. IV goals are not written in stone. Name check is definitely an issue but it is an issue that not many of our people face. If our membership's problems changes from retrogression to name check, then we would have to work on that. It may be smarter to anticipate the magnitude of the problem and start work early. If you would be kind enough to partially lead the effort, that would be great. Logiclife is working on this issue on his own, and WaldenPond is also working on this. Please PM them. Logiclife is on vacation so he may take a while to respond.



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  • laborchic
    07-11 10:11 AM
    Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.

    Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.

    An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.

    Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.



    This one was the best... Where did this come from??




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  • sanhari
    07-26 09:43 AM
    GCperm, Thank you for your inputs.
    I actually got this input of contacting congressman to implement this change, from USCIS only(their blog). I will also contact the ones mentioned in your posting. I also request all EB folks affected by this spillover usage not based on priority date, to contact them in addition to their local congressman. Let's not leave any stone unturned to make this happen, to help us all out. If this happens soon to create an impact, we may see some light in the upcoming bulletins. So all of you please do your part to contact them today(if not done already), I am on it now.

    Sanhari,

    If we go with your feeling, and run the Campaign right way then following is summary.

    1) What you mentioned was there is no need to Legislative change for your solution only Interpretation of INA need to be changed challenged.
    2) EB3 Folks want only on using Fall Across / Down /UP visa's to be allocated based on PD, rather then category.
    3) Removing Country quota will need legislative change and EB3 folks don't want to take it on hand at this time.
    4) You and EB3 folks are good with division created by this Campaign.

    Now, If above summary is true then You need to be doing following,
    1) READ INA and Find where is violation or Incorrect interpretation in Applying VISA to EB2.
    2) You need to be contacting DOS - Mr. Charles Oppenheim / Hillary Clinton their 2007 interpretation of Applying VISA to EB2.
    3) You need to be contacting DOS Liaison to Challenge their 2007 interpretation of Applying VISA to EB2.
    4) If EB3 Guys are confident of incorrect INA interpretation, collect Money and Prepare for Law-Suit if needed.
    5) As there is no Legislative changes needed, there is no need to contact Law makers (Senators, House members).
    6) There is no Process improvements so no need to reach out to USCIS ombudsman.
    7) Its About VISA allocation by DOS, so contacting USCIS won't help either.



    Now Contacts for DOS,

    Followings are Contact Information for DOS Liaison,

    Palma R. Yanni (dl), DOS Liaison Committee Chair, AILA Past President, Washington, DC Contact Information (http://www.palma-yanni.com/contact.htm)

    Jerome G. Grzeca, DOS Liaison Committee Vice-Chair, AILA Board of Governors, Milwaukee, WI http://www.grzecalaw.com/contact_us.cfm


    Following is the Link to Send email/Questions to Department of State.

    Contact Us at the U.S. State Department (http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=4Eiijc*j&p_accessibility=0&p_redirect=&p_lva=264&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTYsMTE2JnBfcHJvZHM9JnBfY2F0cz0mcF9wdj0 mcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ub CZwX3BhZ2U9MQ)


    Following is the Contact information for DOS

    http://www.state.gov/documents/organization/111781.pdf

    Oppenheim, Charles W. CA/VO/F/IV L415(CHIEF SA-1 (202) 663-1087


    Good Luck and God Bless.



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  • Vsach
    07-09 09:46 PM
    Let's organize...




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  • Rohan99
    10-02 04:30 PM
    I took a printout of the receiver's signature image and the tracking information from the Fedex website just in case.
    My attorney also mentioned that he submitted my case to the NSC liaison (I think he is referring to the AILA liaison of the NSC center) for follow up to see if they can help confirm the status of my application.
    I'll keep you posted on the progress.

    Thank you "Lutherpraveen" for info. I will react on this situation after OCT 10th (traveling right now). I will contact my lawyer and see what can be done. Keep posted on whatz happening..

    here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name

    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest

    If we hear nothing then we may have to take collective action. If any of you guys receive RN plz update as ASAP.



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  • karthiknv143
    09-28 02:35 PM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D




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  • rtarar
    05-19 01:31 PM
    I am a July 2nd Filer.

    No FP yet.

    Details in signature.




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  • tabletpc
    11-21 02:10 PM
    Just like everyother memeber has expressed opinion, i was shocked to read your posting.

    May god give you the courage to handle the stress and resposibality you have now.

    I keep trying to convince.."Did i realy read that posting or was it just a bad dream"..unfortunalty its not a dream..!!!

    Do get it checked from well know doctors. Here is a youtube version of comenecement speach given by Steve Jobs. Even he was diagnized with cancer and he spent whole day thinking of his resposibality. But that evening the doctors realzied it was curable cancer and were in tears ..!!!
    http://www.youtube.com/watch?v=D1R-jKKp3NA

    be strong...




    delhiguy
    07-08 08:47 PM
    macaca, This is really good point


    There could be 3 reasons , which i could think of

    1. The CIR, which was providing amnesty to aroun 12 million illegal residents in the US,so they wanted to keep the legal residents happy.

    2.The DOS wanted to force USCIS to finish its backlog, if the dates were current and USCIS would have to accept our applications then they would have to process a lot of EAD/AP and would required a lot of work, They could put the 485 in queue but not AP/EAD. So the only way for USCIS was to process the backlog(At least many legal residents got GCS)

    3.USCIS wanted to avoid accepting these applications till July 30, to get more fees( I think this is the least possible reason)




    praveenuppaluri
    11-17 04:23 PM
    sent emails.. will post the letters also. Thanks



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