h1b_forever
09-01 08:41 AM
Landed on H1b in 1998, still stuck in the muck
Jimi_Hendrix
11-16 02:33 PM
Let us keep working.
jthomas
06-11 01:32 AM
Can we collectively find alternatives to move to other countries or going back home. I really don't think anything is going to happen for EB-I
we should collectively aim our approach to get SSA back and use up other benifits
J thomas
we should collectively aim our approach to get SSA back and use up other benifits
J thomas
.jpg "Runs – Special WallPaper")
kchakrav
09-28 08:25 AM
Came to the US in 1998 Feb.
Applied for GC under EB-3 category in Jan-2001.
Still waiting. Next month my date will be current. Keeping fingers crossed.
Applied for GC under EB-3 category in Jan-2001.
Still waiting. Next month my date will be current. Keeping fingers crossed.
more...
CADude
11-14 05:21 PM
It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
langagadu
09-15 11:01 AM
Whay are you jealous of people who are porting? Why can't people go from EB3-EB2?
This is different from the Labour substituation, if a person filed in EB-3 in 2001and gained 7 years of experience, if the company is promoting him to the next higher position, it is very much acceptable for USCIS to promote his EB-3to EB-2.
I don't think USCIS will not give any shit to anything you are trying.
Once you have approved I-140, that date is your's buddy. Jealousy suckers.
So what you are saying is, everytime you apply for a I-140, all your previous I-140's should be dropped. Is that you want. Do you realize they can not do this as an Admin fix?
So basically you want to get Green card and be happy and everybody else should die in the f***** queue.
WHY DON'T YOU USE THIS F****** ENERGY FOR SUPPORTING (EMAILS, CALLS TO THE SENETAORS) THE RE CAPTURE BILLS.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
This is different from the Labour substituation, if a person filed in EB-3 in 2001and gained 7 years of experience, if the company is promoting him to the next higher position, it is very much acceptable for USCIS to promote his EB-3to EB-2.
I don't think USCIS will not give any shit to anything you are trying.
Once you have approved I-140, that date is your's buddy. Jealousy suckers.
So what you are saying is, everytime you apply for a I-140, all your previous I-140's should be dropped. Is that you want. Do you realize they can not do this as an Admin fix?
So basically you want to get Green card and be happy and everybody else should die in the f***** queue.
WHY DON'T YOU USE THIS F****** ENERGY FOR SUPPORTING (EMAILS, CALLS TO THE SENETAORS) THE RE CAPTURE BILLS.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
more...
qasleuth
05-14 01:38 PM
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
nirenjoshi
03-09 10:12 PM
Of all the wrongs in April VB +ve thing is EB3-I moved. It moved to the extent it moved last year (http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data).
So for EB3-Is take console on these
1) Horror or 245(i) (http://immigrationvoice.org/wiki/index.php/245(I)) are over.
2) EB3-I may be over 2001 by start of next year.
So EB3-I may move only by 2 months for the rest of the year?
So for EB3-Is take console on these
1) Horror or 245(i) (http://immigrationvoice.org/wiki/index.php/245(I)) are over.
2) EB3-I may be over 2001 by start of next year.
So EB3-I may move only by 2 months for the rest of the year?
more...
Green.Tech
06-11 08:36 PM
a small contribution for now I will set up recurring soon. Can't thank you guys enough for being such a great support network. Not to be preachy, are we the same people who stood an united front against the Brits?
Paypal Receipt ID: 3JA591826E386220Y
Thanks jayZinDC...Hope your contribution inspires a few others!
Paypal Receipt ID: 3JA591826E386220Y
Thanks jayZinDC...Hope your contribution inspires a few others!
sanju
07-24 10:38 AM
This is so out of whack. Employment based green card issue is not about India or Indians. Our issue is about America and us i.e. highly skilled people from all countries waiting for their green cards. STOP BRANDING EMPLOYMENT BASED GREEN CARD AS "INDIA ISSUE". Such an attitude doesn't help at all and it is a big turn-off for people from other countries. Let’s be mature about solutions to the issue.
Also, people who give money to campaigns - Hillary, Obama or any other candidates, they are not giving the money to change any policy for getting green cards sooner for employment based categories. Our issue is not even on the radar screen of most "ethnic communities". And problem gets worst when news media, people like Lou Dobbs try to misguide the general public with their hate mongering propaganda - again with the objective to increase the value of his own stock. Often times Lou Dobbs will try to make it all look like "conspiracy theory" being hatched against American middle class - just to get their attention. For example Lou says that people from Indian American community are contributing to Hillary to promote outsourcing????? Hello!!!! Who is in the world is idiot enough NOT to believe that increased outsourcing affects everybody in US, including Indian-Americans. Sometimes news media will call Hillary as senator from the state of Punjab and other similar bull shit but catchy news items. And it is ok if majority of the middle-class Americans shake their heads in disbelief (because they are ignorant about the facts), as if a massive conspiracy theory is being hatched against the middle class. But people who have any common sense have the responsibility to think rationally and filter "real news" from news intended to increase ratings of a news shows/channels.
Also, the idiots who give campaign funds do so to buy proximity to power to increase their own profile. People who give money to campaigns are SICK and corrupt. These people are simply taking pictures with the candidate or a politician (not a lawmaker - there is a difference) to increase the value of their own stock. Too often this forum has mentioned the name of Chatwal being close to Clintons. Guys, lets face it, Chatwal is doing excellent marketing for himself. I don't think he is as close as he projects and as most people think he is. The way system works, anybody who is ready to give $1000 for a campaign can get their pictures with the "POLITICIAN", especially during campaign season. And these photo-ops freaks do not care about anybody other than them self. Therefore, the so called "indian lobby" exist only in the imagination of people who read news articles that are written by paid journalists.
About Cornyn amendment, this was clearly a party line vote. It had nothing to do with the position of a Senator on the issue. Did you notice that Sen. Grassley voted in favor of the SKIL bill? Anybody knows why???? As most people here may already know, Sen. worked overtime to derail the CIR. Because of that, leaders of the Democratic party in the Senate are upset with him on immigration issue. And thus, most democrats voted to oppose Cornyn’s proposal. That is how things work in the Senate – which is no different than the way things work at the any other workplace. Vote on Cornyn amendment had nothing to do with the stand of a Senator on an issue.
So, it is ok if Conryn amendment did not go through – “this time”. There will be more opportunities in the future. The thing is, Democratic Senators like Cantwell need to lead in pushing EB provisions. That may help to easy out the partisan vote on such proposals in the future.
Just my take on the situation.
NY/NJ/CT/MA Members -
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
Also, people who give money to campaigns - Hillary, Obama or any other candidates, they are not giving the money to change any policy for getting green cards sooner for employment based categories. Our issue is not even on the radar screen of most "ethnic communities". And problem gets worst when news media, people like Lou Dobbs try to misguide the general public with their hate mongering propaganda - again with the objective to increase the value of his own stock. Often times Lou Dobbs will try to make it all look like "conspiracy theory" being hatched against American middle class - just to get their attention. For example Lou says that people from Indian American community are contributing to Hillary to promote outsourcing????? Hello!!!! Who is in the world is idiot enough NOT to believe that increased outsourcing affects everybody in US, including Indian-Americans. Sometimes news media will call Hillary as senator from the state of Punjab and other similar bull shit but catchy news items. And it is ok if majority of the middle-class Americans shake their heads in disbelief (because they are ignorant about the facts), as if a massive conspiracy theory is being hatched against the middle class. But people who have any common sense have the responsibility to think rationally and filter "real news" from news intended to increase ratings of a news shows/channels.
Also, the idiots who give campaign funds do so to buy proximity to power to increase their own profile. People who give money to campaigns are SICK and corrupt. These people are simply taking pictures with the candidate or a politician (not a lawmaker - there is a difference) to increase the value of their own stock. Too often this forum has mentioned the name of Chatwal being close to Clintons. Guys, lets face it, Chatwal is doing excellent marketing for himself. I don't think he is as close as he projects and as most people think he is. The way system works, anybody who is ready to give $1000 for a campaign can get their pictures with the "POLITICIAN", especially during campaign season. And these photo-ops freaks do not care about anybody other than them self. Therefore, the so called "indian lobby" exist only in the imagination of people who read news articles that are written by paid journalists.
About Cornyn amendment, this was clearly a party line vote. It had nothing to do with the position of a Senator on the issue. Did you notice that Sen. Grassley voted in favor of the SKIL bill? Anybody knows why???? As most people here may already know, Sen. worked overtime to derail the CIR. Because of that, leaders of the Democratic party in the Senate are upset with him on immigration issue. And thus, most democrats voted to oppose Cornyn’s proposal. That is how things work in the Senate – which is no different than the way things work at the any other workplace. Vote on Cornyn amendment had nothing to do with the stand of a Senator on an issue.
So, it is ok if Conryn amendment did not go through – “this time”. There will be more opportunities in the future. The thing is, Democratic Senators like Cantwell need to lead in pushing EB provisions. That may help to easy out the partisan vote on such proposals in the future.
Just my take on the situation.
NY/NJ/CT/MA Members -
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
more...
cbadari99
06-24 09:40 PM
Hasn't this been discussed already?
It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.
The delay causes anxiety & frustration only for us applicants. So the impact is only on us.
America is not bothered about losing outstanding researchers.
It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.
The delay causes anxiety & frustration only for us applicants. So the impact is only on us.
America is not bothered about losing outstanding researchers.
ramus
07-06 12:10 PM
Please change subject of this thread or close it . It seems like we have new visa bulltein from DOS..
more...
Jimi_Hendrix
11-14 01:59 PM
Our count is now at 9 members. This is fabulous. I am really looking forward to some communication from core team about action items.
manderson
01-03 03:52 PM
I thought the Background check and AP are independent of each other. Perhaps one of the gurus can confirm this.
Now I am worried too... man the surprises never end!
Does anybody know whether USCIS do background checking on AP application or not ? It seems for my case they are doing as the IO told me.
Now I am worried too... man the surprises never end!
Does anybody know whether USCIS do background checking on AP application or not ? It seems for my case they are doing as the IO told me.
more...
gk_2000
08-23 09:32 PM
You call the guy with Bsc/bcom and have the 4 programmers reporting to him is the multinational executive. As you might get benefit from it you can call whatever you want.
You are down to demeaning Bsc's and BCom's. Remember, to manage an enterprise is no joke, or else even you would have done it long back. All the noises that are coming from you are nothing but sour grapes. When nothing else is left, you turn to demeaning
For the other guy who mentioned working on L1A: Your perspective is blinkered by offshoring model. You too, need to see the larger reality outside of your TCS
You are down to demeaning Bsc's and BCom's. Remember, to manage an enterprise is no joke, or else even you would have done it long back. All the noises that are coming from you are nothing but sour grapes. When nothing else is left, you turn to demeaning
For the other guy who mentioned working on L1A: Your perspective is blinkered by offshoring model. You too, need to see the larger reality outside of your TCS
skv
06-22 11:22 AM
Still per my attorney it shows "In-Process". Mine was filed on Feb 5th...
Visa Bulletin suggests that severe cut-off date retrogressions are likely to occur early in FY 2008, which starts on October 1, 2007.
So we still have some time on our side.
Visa Bulletin suggests that severe cut-off date retrogressions are likely to occur early in FY 2008, which starts on October 1, 2007.
So we still have some time on our side.
more...
glus
07-06 01:05 PM
What the USCIS has done today is what they call "Locking the stables AFTER the horse has bolted" ;)
What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.
This is going to drag forever. Now, the USCIS will surely get investigated, as they approved some applications without FBI check complete....bunch of idiots in fact. I wonder when Chertoff will resign.....
What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.
This is going to drag forever. Now, the USCIS will surely get investigated, as they approved some applications without FBI check complete....bunch of idiots in fact. I wonder when Chertoff will resign.....
GayatriS
01-05 11:02 PM
Ok then, why did you come to America to study at Duke? Why did you spend all this money? The reason our people invest crores of rupees in American education is that it is better.
You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
Ok, so I saw the video. I am confused by his analogy and I am a scientist. Maybe it is the lack of data analysis and graphics he keeps referring to. He is not a great speaker. I stopped watching it midway.
BTW, I am a student from a so called 'garbage' Indian education system and a graduate of Duke University.:p
Go figure!
You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
Ok, so I saw the video. I am confused by his analogy and I am a scientist. Maybe it is the lack of data analysis and graphics he keeps referring to. He is not a great speaker. I stopped watching it midway.
BTW, I am a student from a so called 'garbage' Indian education system and a graduate of Duke University.:p
Go figure!
mrdelhiite
06-25 11:49 AM
Got approved just now. Labor filed EB3 on 23rd Feb Govt job. Thinsg are moving ... Best of luck to all !!!
-M
-M
fightforit
04-30 03:06 PM
I faced a similar response when I called Senator Scott Brown's office. His staff member categorically stated that he is against amnesty, but is 'sympathetic' to the cause of legal immigrants. I explained that as members of IV, we are working towards legal immigration reform since the process is stagnant (without trying to diss illegal immigrants). Its an awkward situation trying to separate the two...but I think we really need to.
However, my greatest fear is that even though legal immigration reform may garner bi-partisan support, who in Congress will take it up on its own if CIR gets shot down?? Legal immigrants are in much smaller numbers than illegal ones..and will anybody take up our cause without the other?
However, my greatest fear is that even though legal immigration reform may garner bi-partisan support, who in Congress will take it up on its own if CIR gets shot down?? Legal immigrants are in much smaller numbers than illegal ones..and will anybody take up our cause without the other?
GoldRod
09-10 02:38 PM
Green card is a gold rod. anybody knows why?
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