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  • bobzibub
    06-11 04:04 PM
    I keep reading we should fight for out rights and all. I am just curious
    where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
    And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.


    People don't come here to work for someone else. They come to work for themselves (and eventually) hire Americans. If USCIS released their internal data as they've been asked and the numbers show that you've got to wait two decades for a green card, that is tantamount to them hanging a sign saying: "We don't serve Indians; We don't serve Chinese." They might as well just close and wind down operations.

    People come for economic opportunity, and economic opportunity when you work for someone else is limited. Certainly less than in Canada, India and China when you work for yourself. People bring their creativity and ideas and hard work and the US benefits immensely from this skilled labour pool. They've also come because USCIS has put the foot ball in front of them, only to pull it back after we're years into the process.

    A sign saying "We don't serve Indians or Chinese" *is* discrimination. But I would also use the word "fraud" for that is what it is: We paid for an advertised service. We spent years waiting for that service. We did not get that service. Pretty simple.




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  • pappu
    08-12 10:57 AM
    Senate just passed the border bill which also applies the new 50-50 rule with additional fee for companies having employees on H1/L1 visa.

    The bill is now headed for President's signature for making this the law of the land.




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  • agc2005
    07-15 09:25 AM
    Mailed my little contribution $10.

    agc2005




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  • yabadaba
    02-18 05:07 PM
    i had run these numbers a while back. for sure EB2 will reach the end of 2005 this year. i just hope its done systematically so that they clear everybody with an EB2 2005 PD this year.



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  • amitjoey
    06-05 04:28 PM
    There is a lot of merchandise under $20 that members can buy, proceeds (only a small- portion) goes to IV.




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  • vinabath
    07-20 12:59 PM
    Not trying to be pessimitic her but any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight.
    Also, there are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated.
    All these add to the time.

    You are not pessimistic. I know how federal contracting happens. If I am the federal contractor to USCIS and I have a contract with them. Lets say contract 's scope of work to process 485, 140, 765, 131 apps. USCIS can always add money to existing contract and ask for more man hours for the contract year. Most of the time Federal Installations have extra space to accomodate new temp resources.

    So in 2-3 months they can add more resources to take care of this shit. But I can say for sure that dont expect EAD or AP in 3 months.



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  • ndbhatt
    09-09 12:43 PM
    My 2 cents.

    From what I have read and learned from my experience, the dwelling (house/condo/apt, etc) prices are sensible and affordable (read payable) if it is between 2-3 times household annual income. I think this applies universaly with few exceptions.

    Average household (family) income in India metro cities is around 6-7 INR lacs. For folks working in IT, it would be 'X' % more depending on his/her work. Let's take liberal amount of 12 lacs p.a.

    This means that buying a property for price over INR 36 lacs would carry significant risk of defaulting. I have heard many of my friends give me argument that our income will grow significantly over years and should be able to manage higher loan amounts.

    I am really aghast at the rate at which NRI's are investing in India. I can speak to Mumbai, where there are thousands of NRI bought properties that are vacant for years and there is no justifiable ROI. Having realised that there is no ROI due to resale or renting, sooner or later they will start pulling out their hard earned money. I wouldn't be surprised to see many foreclosures, in years to come, and RBI may have to bail out ICICI, IDBI, etc - a scenario similar to Fannie Mae and Freddie Mac.

    I have thumb rule for myself - Don't buy property which is 3 times more than current annual income.

    P.S. This isn't applicable for folks who have inherited a fortune. :D




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  • ras
    10-16 05:47 PM
    Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
    Issue/Background:


    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.


    Should you have any questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number



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  • s_r_e_e
    08-10 12:32 PM
    I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.

    I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.

    Thanks a bunch

    If you are around houston, it would be better to go in person. I think they accept the applications only until noon. They would tell u a Pickup date or u have an option to get it mailed. The passport is ready for pickup in 10 working days or so.




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  • gcseeker2002
    04-04 05:30 PM
    how come you joined the company in 11/2010 and applied on 12/22/2010 ? my lawyer is in the 3rd week and finalizing job description. she says advertising takes 30 days, pwd takes 6 weeks, etc etc, and that it cannot be approved without atleast 90 days of prepwork.
    no answer ?



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  • Caliber
    07-15 08:11 AM
    Posted $50.00 Check. With this my total contribution till now is $1200.00.




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  • h1techSlave
    10-01 01:42 PM
    IV is looking in the right direction in the long term.

    IV, sure is looking at a long term solution. I did not criticize that strategy. IV should continue to work for a permanent fix.

    Currently for IV, this long term fix is the #1 priority. I was suggesting that IV should make the long term fix a #2 priority. And make #1 priority as improving efficiency at USCIS.



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  • GOTGC
    07-24 03:46 PM
    EB5 doesn't need I-140. In fact EB5 does not apply with I-485, EB5 application# is I-526. Either we are missing out some crucial information on LuckyPaji's case or he is having little fun at our expense. They haven't even completed receipting June 29 cases. This guy is just playing with us or his dates are completely wrong.


    Since it is absolutely impossible with EB3 Sep 2006 PD I thought he might have applied in a different category..Do not know the specifics of EB5...Incase what you said is true whatever that guy said is just a JOKE!




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  • Gravitation
    12-18 11:12 AM
    I'm a great believer in Gandhi's beliefs.

    They're not applicable in this situation however.

    You need to hunger-strike when your lawmakers don't listen to you when you have no representation.

    Here, lawmakers will listen if you know how to lobby.

    A lot of people try to copy Gandhi's actions literally. Copy the philosopy if you must, not the direct actions.



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  • desi3933
    08-04 04:07 PM
    What is wrong with bonded to 1 job type ? You file AC21 but job type should be similar. You cannot become a company's Vice president if your labor was for Programmer, why are you picking on things ?

    If one is lucky enough to get a job of company vice-president then I am sure, in that case, company can do another I-140 and get PD ported.

    BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.


    The guy sitting next to my cubicle is here more than 7 years, he's waiting for his 140, he's stuck with my employer while he wants to move since he has a 3 years degree than a masters, He was considered a EB-3 I. Don't you think he wants to know how many decades it will take for his dates to get current ?
    If it doesn't apply on you doesn't mean these are not facts...

    I wish that he (guy in next cubicle) gets I-140 approved soon.

    >> He was considered a EB-3 I. Don't you think he wants to know how many decades it will take for his dates to get current?

    If his qualifications does not match with EB-2 job qualification, there is nothing much can be done in that case.

    I am sure that many people would like to know when their PD is going to be current, but this can not be answered by anyone. Visa Bulletin dates depends on various input factors and they keep changing every month.

    The PD uncertainty is, obviously, a part of GC process and kinda unknown factor.




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  • ashutrip
    06-22 10:35 PM
    Is it true that people who have applied in march are screwed....as per on blog website.....March applications are on hold....they have divided the applications in two batches
    1. Jan thru March
    2. April thru June
    if its tru its bad news for we march guys



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  • vjkypally
    07-20 01:48 PM
    And same with Chinese, Mexicans and Filipinos




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  • psaxena
    03-03 01:42 PM
    The first bulletin with Eb1 and Eb2 spill over.
    Last year:
    Mar 2008- India Eb2 U
    Apr 2008- India-Eb2 01 Dec 03

    This year may be:
    Mar 2009- India Eb2 15 Feb 04
    Apr 2009- India Eb2 28 Feb 05 (My PD :))

    What about EB3, any predictions????:)




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  • yibornindia
    11-25 01:51 PM
    The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.

    I agree with Chandu, we should try to get this from CIS. Just don't know how:(

    I am on EAD with an employer who doesn't understand or willing to work with any immigration issues. If my 485 will get denied in error, I will surely loose the Job, as leave without pay is also not an option for me. I wonder if I loose my job this way, will CIS consider this after an MTR or will again reject my 485 stating 'no job' as a reason?




    rajesh_kamisetty
    07-14 07:42 PM
    Just galon of gas...




    jonty_11
    07-05 12:56 PM
    Send email using AILA link to 20 senators an counting...Please continue to do...this is as important as campaigning for SKILL Bill...
    Lets make ppl aware of waht injustice has been thrust upon us by the impotent DOC and USCIS combo.



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