Wednesday, June 29, 2011

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  • kuhelica2000
    01-30 02:37 PM
    You are absolutely right. These frauds need to be stopped. Because of this fraud H1b quota is used up on the very first day and EB3 India has a backlog of seven years. If USCIS weed out all the frauds, I bet the wait for EB3 india will be no more than 3 years.


    You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.

    There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.

    BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.

    Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.




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  • PD_Dec2002
    08-15 06:38 PM
    FYI...

    My friend and his wife received Receipt Notices for 485, EAD and AP on August 10, 2007. The Received Date (when application reached NSC) was June 25, 2007. And yesterday (August 13, 2007), his wife's EAD was approved. They still haven't gotten their FP notices as yet.

    BTW, their packet was transferred from NSC to TSC since the I-140 was approved from TSC. It appears TSC is faster in processing EADs/APs than NSC.

    Other details: I-140 was PP-approved from TSC in June 2007 and the application is EB2.

    Thanks,
    Jayant




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  • chaukas
    05-23 11:49 AM
    Done. Sent to all .




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  • HawaldarNaik
    02-04 12:09 PM
    I take frequent trips to India and all of them are extremely satisfying, and many times the thought has crossed my mind about the possiblity of moving back but it will take some time for changes to happen for the good and that is because i think,
    We, Indians have a basic mental flaw wherein we shy away from unpleasant confrontation regardless of the merits of our case or the adverse consequences that such inertia engenders. The net result is that we are unable to translate our moral convictions into practical reality allowing law abiding citizens to be held hostage to the tantrums of a belligerent and corrupt minority, who call the shots in most places, right from the bottom to the top , in any sphere or area...(rather than talent and merit that should call the shots )



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  • gccovet
    02-09 04:03 PM
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  • manishcp
    09-10 12:05 PM
    Follwoing user name person got his check cashed.
    "rajvepa"
    His appication reached at NSC 11:14AM and signed by F HEINAUER



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  • royus77
    07-08 09:03 PM
    Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)

    I can gather 100+ people from Chicago..


    Forget aboit other cities ,Here we are not able to get enough people in DC , which is having a decent community .If you planning to get 100 in chicago , can you make i to DC nbext weekend .




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  • BharatPremi
    03-27 03:27 PM
    Unless congress change law you are dreaming.. :D:D:D:D

    If my dreams can bring smile to somebody in our furstrated community even for a moment, it is worth to dream..:). kidding aside, I strongly believe this pattern nearly followed by USCIS.. with yes ofcourse a margin.. Yeah, I can't predict that margin..:)



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  • alterego
    03-08 06:27 PM
    Very well written. I can tell you through my observations of living in this society for 35 years:

    1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)

    2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)

    3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.

    4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.

    5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).


    Now I don't want to get people upset but let's look at some things that have happened since 2005:

    There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.

    In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.

    In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas

    Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.


    Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.

    Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?

    This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.

    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 + C.
    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, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! 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 also 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.




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  • jungalee43
    11-17 03:24 PM
    Done. It correctly showed the representitive and the senators. But I am not sure it went. Particularly the screen of advacacy to send mail to 6 frineds kept on coming up. If I don't receive confirmations to my account, I will send once again. Or I will call them also.



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  • prashanthg
    09-17 02:01 PM
    Folks

    Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.

    ITS ABOUT TIME.

    As an employee, Except for the 485 filing, you are not supposed to pay for anything for the GC. The company that sponsers you pays for all that.
    It is illigal for an employee to pay for the GC process.

    I am not sure what you are trying to get. Are you going to write a letter to USCIS that you commited an illigal act? And you want to involve bunch of people along with you?

    I am utterly confused here.




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  • conchshell
    07-11 11:17 AM
    With a successful flower campaign to USCIS, we must draw our conclusions from this success, and use the outcome to make the San Jose rally a success.

    Please note that legal immigrants is a small handful set of people. Just a usual rally/demonstration will not make a dramatic impact. We have learned from the flower campaign that if we use innovative-peaceful ways of demonstrations, and manage Public Relations and Media well, we can be successful once again.

    Please think and try to come up with some ideas. I have come up with these four ideas:

    1. Project Martin Luther King Jr. as our hero in these rallies: Please understand that local Amrican people better understand about Martin Luther King Jr. andhis idealogy then M.K. Gandhi. My suggestion is that we should include large picture posters of Martin Luther King Jr. with a slogan "We legals too have a dream". We should also take Gandhi's posters. There is a possibility that all Black American organization may lend their support to us.

    2. An act that attracts media attention: Please remember the scene from Gandhi movie when protesters led by Gandhi peacefully burned their resident permits in South Africa. To do something similar and show our symbolic protest against USCIS, we can publically burn a Photocopy of our H1B approvals (I-797). Please note that we are not asking people to burn the original I-797 approval but a photocopy of the document. This will send a message that taking the great pain in obtaining these legal documents are not helping us getting a better treatment by USCIS. This act will perfectly portrey the pain of legal immigrants and once again will attract media and newsprint to keeps us in headlines. This should be part of our demonstrations.

    3. Waive American Flags: Please understand that recent media reports that only Indians are responsible for the flower campaign may hurt the campaign in the longer term. Please waive small American flags and show our solidarity with local Americans.

    4. Distrubute a flower with a pamphlet to the people passing by at the demonstration site. A well worded paper will be required that can project our problems to the people.

    Please share if you come up with innovative ideas to make these rallies a huge success.



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  • deepak
    09-10 07:58 PM
    YOu are a USELESS fellow. Thats right.. Immigration voice core are the ones who are doing whatever they can for you thankless idiots like YOU!!

    Why do you care if they care about EB3 or not.. do you care? Seperate effort.. what will you do in that.. again a back bench behind the alias pushing others to do something, without donating or contributing. Who gave you even the right to write here and put your views when you cannot even can consider it trustworthy to donate 2 cents.

    BTW keeps your "2 cents" to yourself. I hate reading the post like these.

    I am trying to put this as honestly as possible. And trust me, there is no sarcasm here, I am just curious, if you hate to so much, why exactly DO you read posts like these?




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  • sridhar68
    09-10 09:15 AM
    I don't know what this means. This is what it say in the Mumbai website.
    Category India Most Other Countries
    F1 22 July 2003 22 July 2003
    FX 1 March 2003 1 March 2003
    F2A 1 June 2005 1 June 2005
    F2B 22 August 2001 22 August 2001
    F3 15 Janurary 2001 15 Janurary 2001
    F4 15 April 1999 15 April 1999
    E1 Current Current
    E2 22 January 2005 Current
    E3 22 February 2002 1 June 2002
    EW 1 June 2001 1 June 2001
    E4 Current Current
    E4-Religious Current Current



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  • chi_shark
    07-10 11:49 AM
    desi,

    so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...

    what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...



    The problem with self employment is demonstrate
    1. AC-21 job is in same classification as original labor/I-140
    2. New job is bonafide

    In order to show that the new job is "real", one has to show
    1. The business is real, not just paper shop
    2. Business Plan, Funding to support employees
    3. Any contracts, orders etc

    If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.

    The burden of proof, in case of RFE, lies on beneficiary.


    __________________
    Not a legal advice.




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  • REDS
    11-06 01:47 PM
    I too am sailing in the same boat.
    Opened an SR yesterday with USCIS for FP.

    my 485 was filed with TSC on july 17 and have got EAD and AP but no FP so far.



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  • gcbikari
    04-21 04:40 PM
    I have a friend who got offer like u. He is cautious and paid $350 and met an Employment attorney re. non-compete. If u work at same desk and perform same duties as with ur prior employer, attorney told it comes under violation (as per his aggreement, if it says 'directly or indirectly' ). If they sue you u have to pay the loss and leave the job. The question is will ur employer Sue? He might get sued back for violations he did like missing payments to you, and many other dirty tricks to save money!!

    The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.

    Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.




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  • sgupta33
    11-07 02:10 PM
    i am pasting the format. just higlight the receipt date in all cases. no need of metioning notice dat. it should not be counted at all.

    Dear Mr. Prakash ,

    My name is xxxxxx and I am currently working at xxxxx as xxxx.

    My I-485 was filed on July 2,2007 as an employment based application. My wife, xxxxxx, application was filed as a derivative applicant. It has been over 4 months and I have not yet got an apointment for finger printing. I called up USCIS and got a response from Nebraska Service center, where my application is currently pending, that my case is waiting for an opening at local ASC.

    We, residents of Bay Area, are suffering a lot from fingerprinting backlog, due to presence of few ASCs.
    Also, my case was receipted at CSC and transferred back to NSC. Such cases are taking unusually longer for FP appointments. This is quite frustrating as there are other people directly receipted at NSC in August who have got fingerpinting.

    I would greatly appreciate if you could take steps to speed up the process of fingerpinting appointments.

    My details:

    xxxxxxxxxxxxxx
    xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

    My wife's details:

    xxxxxxxxxxxxxxxxxx
    xxxxxxxxxxxxxxxxxxxxxxxxxxxxx


    Thanks a lot for your time
    xxxxxxxxxxxxxxxxxxxxxxxx

    Thank you for this information.




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  • Googler
    06-17 01:41 PM
    Hi Gurus,

    I was looking at the processing times for the NSC 485 applications and it shows March , 2007.

    Does it mean that all June 1st filers will be getting their 485 approvals by September ( barring any RFE and name check delays)???
    Or is it Wishful Thinking???

    It would be great if we kept this thread for receipt issues only but..

    Please read the Ombudsmans 2007 report pgs 17-21. These are not real processing times.

    BTW, I can't believe there are *still* people on this forum who haven't read this report -- it spells out absolutely everything that is going on/wrong with all our greencards, and you can't be bothered to read it?? :cool:




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    Rohan99
    09-17 04:13 PM
    Hello, Anyone on July 3rd R.William 9:00am NSC has not received receipt...please let me know.
    Now I am worried, I called today(17th sep) but no news on my record.

    PD:May 2006
    140: Aug 2006
    i-485 : @ NSC july 3rd waiting for receipt

    July 3rd R.William 9:00am NSC



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