Saturday, June 25, 2011

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  • hsm2007
    09-23 10:03 AM
    Hi All,

    Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.

    My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.


    If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.





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  • mbartosik
    10-16 01:51 PM
    U could get notarized at ur local banks or at ur work place if u ahve anyone who has a license

    i believe you dont have to put in any recpt # 's just your name...


    and also anyone knows the fax #??

    I've already got my GC, but will file this.
    Anybody can file a freedom of information act request. It is a general principle of democracy that the public needs to be in an informed position, and sunlight is the best disinfectant for government.

    I think that the receipt number referred to is the FOIA receipt number that you will get back after sending this, not your AOS receipt number.





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  • paulavijit
    03-17 09:08 AM
    Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.

    Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.

    So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.

    There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.





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  • stuckinretro
    10-15 07:54 PM
    I think you don't understand. USCIS has no control over the Visa bulletin. The reason India EB3 is doomed because of the percountry limitations set by DOS.
    Congress need to change that rule not USCIS.

    Know your facts before suggesting something that doesn't work!!!

    Guys,

    I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.



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  • chmur
    03-23 08:56 PM
    After arriving in US , typically It takes about a year or two before you start ur GC process.(Initial job/city jumping )
    So most of the applicants in 01-02 arrived during the halcyon days of 99-00.

    with this analogy, I don't expect too many applicant in 03-04





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  • eb3_nepa
    07-05 01:43 PM
    How is it different from my idea?

    Who said it was different. I liked ur idea and went ahead and enhanced it a little bit more.



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  • actaccord
    02-16 11:57 AM
    has metro access. Baltimore has MARC but it won't be that frequent and cost effective.

    Which airport should members be looking to book the tickets to? Baltimore, Dulles or Reagan? Which is the closest to the Capitol Hill or which airport has the easy public transportation access to Capitol Hill. I would like to go ahead and buy the air tickets.
    Thanks.





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  • Macaca
    09-26 11:46 AM
    I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
    The article is actually very well-written for H1B issues. Ask her to write a similar article about EB GC issues!



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  • Circus123
    02-20 04:31 PM
    EB3 india wont move further... With PD Sep 2001 EB3 Indi. Still waiting...
    Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.





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  • qesehmk
    02-08 08:24 PM
    Frankly I think that this lawyer is just posting provocative material to make himself popular. He has made many predictions and number of "useful" analysis in the past, most of which were found to be untrue. I used to read his posts until recently I figured out that the analysis was unreliable. This is just my opinion.

    I am tempted to think the same way ... although I am not sure.

    By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.



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  • TeddyKoochu
    03-12 10:15 AM
    It's a classic case of "khoda pahaad, nikla chuha"...(dug a mountain, only to find a rat)...:D

    Friends I think we should stop digging till the last quarter. I believe finally then all the optimism, hopes and dreams will come true. Best of luck to all, since we have all waited for so long 3 months are not so far, I feel many of us have burnt ourselves waiting and speculating this bulletin. The disappointment is really understandable. Many in the group are looking to just file 485 to get EAD/AP; I don't know when our day will come.





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  • rustum
    08-21 11:10 AM
    Hi,
    My company filed EAD for me and my wife along with 485 recently. I am on L1 and My wife is on L2. Is is possible to file one more EAD on L2 status. Looks like, we can get EAD on L2 faster than EAD with 485. My company attorney is suggesting me not to file one more EAD because one with 485 is pending with USCIS. Is it ok to file one more with L2? how long it will take to get EAD on 485 and EAD on L2. Any help??



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  • hpandey
    06-10 12:58 PM
    @hpandey : I dont think that this is any "racist" amendment. I think this amendment is more geared towards the perception that Microsoft (US) (and the simmilars) when firing ppl in US fire citizen and "hire" (H1B ppl immediately). I think if at all it needs improvement on what they mean by "same title" as within the same title people skills/trade would be different.

    I think it is racist because accordinging to Mr Grassley H1B= Indians .. that is how short sighted he is.

    Just think how many Indians and chinese would be affected and how many from ROW. What is it if not racism\discrimination whatever you might want to call it.

    If he thinks his amendments are going to bring jobs to America he is really ignorant of how the world works. If his idea is that these hundreds of thousands of H1b and AOS people are just going to pack up their bags and leave their jobs behind he is mistaken. Not everyone does a job in which he can be fired on Friday and on Monday someone else can replace him. A lot of us do jobs which cannot be replaced easily .





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  • chanduv23
    11-22 01:33 PM
    I dont think that is correct - as per my lawyer this is what she says -

    In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:

    1. Your I-140 must be approved
    2. Your I-485 must be filed and pending for at least 180 days
    3. Your new job classification must be the same as in the old job

    If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.

    So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".

    Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.

    Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.



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  • mahujam
    10-15 04:51 PM
    What are you suggesting? Please speak in lay man's terms.

    All I am suggesting is that people who need copies of their LCA/I-140 should apply for that now before the queue gets saturated with this request.

    Given this economy, there is a good chance that a whole lot of us will need to use EAD and do a AC-21. Not all of us have our job descriptions and O*net codes to do a successful AC-21 application.

    And my question is: will sending multiple copies of this make any difference ?? How many copies are really required to get their attention??





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  • Jerrome
    07-28 03:49 PM
    Good one..

    I am reading about 16th century stuff here in this thread.

    Let us go back to 10,000 B.C or further back (ice age or if possible even before).

    Was there any gods (known to us) then (any religion for that matter)?

    Gods came in to existence with human civilization. Initially as an answer to all things that were 'unknown' to human beings and then later as a 'tool' to insist discipline (in their own understanding as to what discipline is) among human beings.

    We talk about Iran, Iraq, afghanistan wars, bomb blasts in India, poverty in places like somalia and in all of these INCIDENTS millions of innocents died/die. What are/were the 'Gods' doing? Can They not stop this from happening?
    They won't. Because these are started by human beings and unless we stop it won't stop. Now don't direct me to a book or a PDF. Answer me straight.

    Human beings are the most cruel/selfish creatures on earth. We are animals - well worse than them - social animals. This thread does not make any sense.

    We are talking about our 'beliefs' here and that is decided by so many factors. Million people will have million different beliefs.



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  • makemygc
    07-05 11:29 AM
    http://digg.com/politics/Reversal_Fr...ard_Applicants


    thank you

    URL Incorrect. Plz repost





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  • virald
    07-18 12:40 AM
    This would be interesting as well as cause for concern for many of us. Do we have to go through the whole process one more time and file again?

    I don't know, I am trying to figure that out too.





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  • royus77
    07-09 04:45 PM
    I hope this lawsuit fails. Looking ahead this lawsuit, if it succeeds might do us more damage than good. Law of unintended consequences states that something can happen we haven't thought of.
    Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.


    what made you think so ?Do you think they are violating the law and allocating more than 7% to other countries?





    pappu
    12-14 10:54 PM
    Except for myself and Rajeev, no one joined the conference call tonight. C'mmon guys, we need some action here. We all ought to participate in these calls. Writing emails, coming and posting I am in is not going to help. We have to take actions here. I will set up a conference call on another day next week and please make sure you all attend.

    Thanks,
    Varsha
    Thank you for organizing the conference call. It is sad to know that only one another member attended the call. All if we do not participate actively in the state chapter activities we will only be hurting our chances for the bill next year. It is every easy to write long posts and several posts on the IV forum about ideas and thoughts but all this does not really help. What helps is the real work -- Meeting lawmakers. Forum is just a tool for us to communicate and share views. Pls all actively take part in chapter activities and attend the next conference call.





    pmb76
    03-15 08:28 PM
    The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !



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