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  • Lasantha
    02-06 10:46 AM
    If you use AP you enter the US as a "parolee". (Is that how you spell it?).
    If you use AVR I believe you enter as an H1B. I would prefer to enter as an H1B
    since I have not yet used my EAD or AC21.


    Just wondering if anyone on the forum has experience at Ottawa international while returning with either AVR or AP. Also, is there a preference if you have both AVR and AP, what to use to enter back into US? Thanks.




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  • 485Mbe4001
    03-26 02:07 PM
    i know for a fact that 2 of my friends who were stuck in namecheck and had current PD got their GC approval emails 3-4 days after the rule was passed. I have EB3 PD of mid 2002 and was stuck in NC for 3+ years, i got a soft LUD one week after the rule was passed. it was the first LUD after 2 years.

    NC was hell and i hope people dont go through what we went.

    It is on main web page of IV.. How come I can be ignorant even if I wanted to be?:)

    Yes, it would "improve" Name Check with coparision to what we have observed so far. But it still have following loop holes and flaws.

    Reference:

    http://blogs.ilw.com/gregsiskind/files/Mocanu_New_USCIS_NC_Procedures.pdf

    Now I generally read and analyze. Do not just read.:)

    (1)180 days period is from the "Date of FBI Name Check initiation. It is not
    from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
    Check. So I see a big playground for USCIS to play if it decides to play.
    What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
    Do we have a way to know or keep an eye on USCIS about this? At least I
    do not know and if somebody has the information please share it.

    (2) "If 485 Otherwise is processable" then USCIS can go ahead without
    waiting for NC check... What if USCIS decides to keep 100000 cases on
    rack eating dust just by not moving the processing date for particular
    service center? This you can see right now.. USCIS is making Texas slow
    day by day not moving processing date. I remember Texas was ahead
    with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.




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  • rc0878
    08-27 02:31 PM
    Filed I485/EAD/AP on July 19th @ NSC. Checks not cashed yet...No receipt#




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  • unitednations
    03-08 06:41 PM
    In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I.
    As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
    In the mean time, those like me have dealt with a barrage of other processing changes that have affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
    This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.


    I feel where you are coming from; I am also from the waited four years to get approved from filing 485 club.

    btw; every person I know of from India who has gotten green from October 2008 were those eb3 guys who converted to eb2 through perm labor. I have a feeling that this is going to cause a lot of stress to eb2 as many people have been able to obtain old priority dates through eb3. Maybe not much solace but with perm labors taking 9 months to get approved now (most recent approvals were filed in July 2008) it does help India a bit. It is taking longer for eb2 ROW to get into 140/485 que and would cause more visas to be spilled over. If labors were getting approved fast then there would be less spillover in this fiscal year.

    Department of State is really playing with people with their continuing change of how they are interpreting the law with regards to visa spillover. In Mid 90's I left USA (one of the reasons; not main reason was because I was told it would take about three years to get greencard; looks like a small wait compared to now).



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  • desi3933
    06-29 08:51 AM
    The link in my earlier post is a job advertisement which clearly states that EAD folks need not apply. There are 1000s of folks out there who are eligible for that position, but for the EAD restriction.

    My question is -
    what are these "1000s of folks" doing? Are they waiting for someone else to work for their cause?

    If they believe they were wronged, they need to take action. Without any action, nothing is going to happen.

    And, yes, these is discrimination on the both side of the lines. Have you looked at the hiring practices of leading desi outsourcing/consulting companies in the US?


    __________________
    Not a legal advice.




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  • desi3933
    07-10 09:15 AM
    INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

    (1) the alien makes an application for such adjustment,

    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

    (3) an immigrant visa is immediately available to him at the time his application is filed.


    [Emphasis added]


    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6778c6078a6f941bf84dd5cec7c73 772



    ___________________
    Not a legal advice.



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  • dixie
    12-11 10:59 AM
    It would be naive and untenable for us to openly ask the lawmakers to limit H1-Bs even while we ourselves on the same visa (and will be for the near future) - it amounts to tacitly acknowledging that H1-Bs are somehow harmful to this country. It wouldn't be any better than numbersUSA saying out with the immigrants even as they themselves are descendants of immigrants.

    Our "friends" would love a deal like that .. first use all legal immigrants to oppose the 12 million illegals, then use us to get rid of H1-B, next use us against FB applicants and finally when EBs are too small a group to stand up for themselves, crush them with a sledgehammer !! Cant think of a more elegant application of divide and conquer. So, sorry we are not going to strike any sort of a "deal" with the other side - because the only deal that works for them is out with ALL immigrants. H1-B or GC, legal or illegal are nuances that simply dont exist for them.




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  • gcbikari
    04-24 11:44 AM
    Another silent deshi employer here trying to scar H1s not to sue. I guess he created his ID (Join Date: Apr 2008) just for this.
    Go and create another website in favour of deshi blood su&^%$rs called reverse-IV.org. Don't try to mock here.

    Oh Boy. What I wanted to know was if attorney is willing to work on contigency basis (couldn't get that word right), then we can risk. I wish I was a desi employer. I know in a chaos situation everyone is a suspect. I didn't give more accurate info in my profile because, i know some of my colleagues spy for my employer. I am in my 9th year on h1 and still struggling. though i said example of my friend, i personally paid 350 to a labor attorney last week to evaluate my non-compete. no matter who says what, i again repeat u either have to spend money and or loose job if you violate. ofcourse each case is different and has to be reviewed.

    BTW I believe H1 issue and non-compete are different. I think (y)our desperate situation and anger on h1b process is leading to this reply. but non-compete comes under labor and employment.



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  • senthil1
    01-30 11:10 PM
    Basically optimistic projections predict that 1 million high tech new jobs are created in a good economy in 10 years time. That means 100k per year average. There are 85k H1b and another 80k L1b are coming every year to USA. Also some of 140k immigrants are new. So Opt and TN visa unlimited number of persons. Apart from this there are some USA people are studying here and trying for job. And number of Indian students also increasing gradually. For the 100K high tech jobs 500K persons may compete. If they expand H1b it is going to increase the compettion. Nowadays resume of inexperienced persons are much more attractive than those who are really working(So many thousands of fake resumes). I do not know how it will end


    Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...

    So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man

    dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains




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



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  • vbkris77
    05-04 10:52 PM
    (d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


    This basically tells me that they need to be given the same status only if they can't given immigrant visa in other category. But if they can be, why should they be used in this category? As someone said earlier, FB for Family is actually better than EB2. So this basically rules out their rational on giving EB2, EB3 dependents on this VISA.

    I am not talking about EB1 here.

    Naveen, I haven't given you any Reds. I feel sorry for your situation. Guys, lets discuss and analyze in a constructive way and don't go personal. None of us here will get GC twice by chasing someone's moral down..




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  • krishnam70
    07-02 09:02 AM
    That thing is there for quite some time now... like more than a day. nothin new about it. just search the forums and you will be able to see what it says.

    true



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  • dpp
    07-28 03:09 PM
    As far i know in the whole world, nobody thinks about the group unless it is beneficial to himself(herself) first. This is natural human mentality, there is nothing wrong in it. Only exception is "Saints". I don't think we are Saints.

    The visecral reaction to my thread (not threat!) has only gone to prove my hypothesis - self interest is the ONLY binding factor amongst 'highly skilled' workers

    No one can claim to be 'superior' by virtue of their EB classification and take refuge under the current system by preaching that "it is what it is, you accepted it, so play by it!". What a sudden love fest for a system that you cared to fix not too long ago? So, what changed? The sudden realization that there are a few erudite and vocal EB3 I's that can speak their mind and ask the difficult questions?!

    Willwin is a rare gem that could see the point in my earlier thread ... Others, my post is not 'ugly', it is the reflection that you see when I hold a mirror up to you. Dont like it? Dont blame me.

    Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.

    Dont worry. Sleep easy, no one is going to call Ron or a shrink. I have exposed the duplicity that defines your being ... and you can rest easy knowing that your sense of 'logical reasoning and moral outrage' cannot stand scrutiny on a simple b-board, let alone a court of law ...

    Lets get together to help fix this problem. Let EB3 I's find their voice and make the appeals that they need to. They DO NOT need the approval or outrage of EB2's trying to protect their new found turf. Get the drift?

    Many EB3 I's have waited 5+ years in dead end jobs and possibly single incomes only to see EB2 come hither and walk easy. No jealousy or blame. Just the hard question to those that holler back "dont complaint EB2 was meant to be a higher category" ... want to respond to a "higher calling" ... i.e., holding up your petitions to objective scrutiny not prejudiced by narrow goals?

    After all, one would find that MOST work done by EB2 I's does not really require a Masters degree. Just ask a high school Java whizkid.

    I rest my case and will not waste my time responding to emotional outbursts or getting dragged into the cesspit of poor logic. Got it?

    Peace!




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  • reddymjm
    06-08 12:19 PM
    looks like NSC is not working at all on receipts today.



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  • svg108
    05-23 11:18 PM
    Sent emails to all the senators in the list.

    Nicely done Logiclife.

    Thanks

    -SG




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  • n_2006
    06-27 10:29 AM
    If you are consulting and not getting bench period salary, try to be out of project for some time and ask him to pay for that period. According to H1B he supposed to pay the salary. Probably at that point he has to let you go.


    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.



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  • kshitijnt
    05-09 07:25 PM
    Dear Readers, Hillary Clinton is a secretary of State. It is historic fact that Clintons have been long supporters of India. She, as a secretary of state has considerable clout in the present administration. I encourage everyone to write to her. Maybe she can get something for us.




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  • danila
    07-08 08:15 PM
    AFAIK when you file the A number is allocated. That is the "visa number", and it comes from the country/EB quotas.

    once that is exhausted for a country/EB, you have to wait.

    it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.

    'A' number is not the visa number, it's the alien registration number assigned by USCIS. Visa number is allocated only when the AOS application has been approved.




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  • gccovet
    02-10 02:24 PM
    Sent $25 check via bill pay.

    To IV members watching from the sidelines: Contribute now so that IV can expand its efforts to fix this mess!

    Thank you needhelp!

    gccovet




    senthil1
    12-10 11:22 PM
    This could be one side of story. There were other posts which was mentioning about some fake resumes given by some Indian consultancy companies. So all those are isolated cases and we cannot take into account. I am seeing lot of hard working Americans and Indians as well. Also a family person with 2 kids cannot spend 12 or 16 hours per day compared to Bachlors(Most of the Bachlors who are spending 12 to 16 hours are H1b persons). If assesment is done based on that then that does not make any sense. Then do you thinkyou need to fire more than 35 year Old people and recruit 25 year people That is not American way. This country for long time Top rankholders as well as school dropouts also could survive and Lead a decent quality of life. I knew lot of Indians most of them gc holders and some H1b also those who were just average in skills had tough time in getting job between 2000 to 2004 because of more number of H1B people and also economy was bad. So there is no surprise some Americans also might have similar situation. But past 2 years everybody I knew were able to get job and survive well. This is because of economy and also because of limited H1b. But Corporations are asking too much h1b(unlimited by 20% automatic increase every year and exemption for MS people). Certainly that will kill the demand in job market and bring down the rates. I think H1B increase should be compromise between demand and supply. Otherwise there is going to be huge opposition. Congress cannot only favor Business. But as a Senator they have to take care of all groups of people. There may be a possiblity that H1b increase may happen but EB relief may not happen not that much strong lobbey from Business compared to H1B. American companies lie Micosoft, Intel culd not get H1B people because Indian consultancy companies grabbed all the H1bs in first few weeks of April and May not because of numbers. So that is a differentind of problem




    Beleive it or not I found this posting in http://www.steinreport.com/


    My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.

    My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.

    My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.

    Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.

    According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.




    gsc999
    07-09 01:01 PM
    Please do not start new additional threads regarding the flowers campaign. It dilutes the focus and creates confusion, at least for me.:confused:



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