Sunday, June 12, 2011

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  • waitforevergc
    06-11 10:18 AM
    All,

    When this July bulletin was released, I had given the following points in that thread.
    I am seriously considering this. Indian economy is going to go leaps and bounds and I dont want to miss out on that. And wait here in the whims and fancies and their ridiculous illogical visa bulletins by these people. They shouldnt harass and take Indians for a ride. We are paying our taxes and all the fees and what not. Still they prefer illegals over us.
    Enough is enough. I have self respect.


    Looking at this visa movement for the past year and the current economy, I am just giving up hope to get GC in this country folks.
    I am seriously thinking about going back to India. The reasons I was proding over are:
    1. Well.. first and foremost, no hope of visa movement in near future.
    2. Employer uncertainty. The company is not doing too well.
    3. Tough job market and US economy will drag like this for another 2-3 years.
    4. If they lay me off, I will have to find another job first. I havent even applied for 485 yet, so no EAD and priority date is Feb 2008
    5. Restart GC again which is another excruciating process - moneywise, timewise.
    6. Wait again in the line for visa movement
    7. No career advancement because cannot jump companies and I am already early 30's. (I am non-IT). Career is stagnant, company doing very small projects.
    8. Cannot even think of having kids because job and life here is hanging by a thread.
    9. Cannot buy a house in this market. Its not that I dont have money, was thinking, if I lose the job, I wont get much time to sell it off and I will have to incur losses.
    10. India is doing well and going to to do well in the future.

    Is anyone else thinking on these lines?




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  • addsf345
    11-12 02:07 PM
    Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.

    LINK: http://indiapost.com/article/immigration/3783/

    "The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.

    If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."

    I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.

    Gurus, please disect this if what I understood is true?

    found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.




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  • eb3july2003
    04-17 08:13 PM
    All the best AllVNeedGcPc. I completely understand how difficult it would be to wait for this last step without knowing what is happening.

    1. Here are the email addresses that I used. Got a response from the NSC email address after three days that I need to wait for 60 days and have to send a written request.

    *ncscfollowup.nsc@dhs.gov
    *ebupdate.tsc@dhs.gov

    2. Yes, my lawyer did send a explicit letter. Bottom line on that letter was "A request is hereby made to interfile the latest I-140 approval with his "A" file. Kindly make sure that the applicant's pending I-485 file reflects the new I-140 approval which has a priority date of July 8 2003 and it reflects classification under Sec. 203 (b) (2).

    3. Also I didn't mention one other thing on the original post was that I have placed multiple call to 800-375-5283 to make sure that my I-485 is processed as EB2.

    Hope this helps. Let me know if you need any further information.




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  • gonecrazyonh4
    04-25 01:22 PM
    It's hard to believe that folks dont know anything about the Green-Card process when they come in. Let us say that you are right on, but they would have eventually figured it out by the end of couple years. I believe it is the situations like layoffs, move from one company to other for better prospects and salary will make them to enter the process late. It is their personal choice and I don't question that. But I believe they had options to apply for GC early in the process and they did not. So why penalize others who did before them. Please don't think Iam saying this because I entered late. I came during early 1998 and I did wait for 4 years to apply.

    It is not about being lethargic, it is about company policies and options available to employees.Many times the Labour applications are delayed by the companies on the pretext of impending layoffs or on the fact that there was no written offer on processing GC at the time of employment offer.IN many cases this happens inspite of verbal assurances at the time of employement offer. Sometimes these verbal assurances keeps going on for years but the process never gets truly started. Many comapnies prefer I would say to start the process late so that they can hold on to the employee for longer period of time... Several reasons contribute to the LC being filed late. If and when LC is filed use of H1 B Start date of employment as priority date should put and end to these practices.



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  • diptam
    07-06 10:27 AM
    See we can't work for bypassing "name check" process - we can work for improving the process !

    There is nothing personal - i'm already backlogged !

    Tell us the same thing when your application gets stuck for a decade on name check. Good luck!!!




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  • Libra
    09-12 12:54 PM
    thank you ska_iit



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  • chanduv23
    05-15 09:52 PM
    Looks like the effect of congressional office. I have soft LUDs on my I-485 and second MTR on 05/15/2009

    Well, there you go. I am sure your congress liason will give you some good news next week.




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  • insbaby
    07-06 01:49 AM
    I want change

    Change of what?

    30 mins lunch to 3 hour lunch ???



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  • gcformeornot
    01-05 08:19 PM
    I have been confused by some of the things Professor Wadhwa says -- being opposed to H1 visas and saying there are no shortages of engineers. I saw this video on Youtube which explained everything to me. He is acting like a true American -- like we should once we become citizens. He is advising America on how they can stay competetive -- like all of us want for this great country. But he is also saying that the real solution is for America to welcome immigrants as permanent residents rather than on temporary visas.

    Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.

    I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.

    Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY

    Gayatri

    Its completely conflicting. I think somebody edited it to suit themselves. There are contracdictions everywhere.




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  • zinchak
    09-11 09:06 PM
    I have also posted about this drive on boards.immigration.com



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  • 485Mbe4001
    06-10 12:07 PM
    Recapture is actually a non controvertial issue and most politicians support it in private. The business lobby was sucessful in getting it done (btw the democrats opposed it even then). These days we have the sword of 'amnesty' hanging over everything related to immigration plus the positions are so polarized that it is impossible to get anything done. The lame duck presidency isnt helping either, each congressman/senator has to worry about its own agenda and their people.

    With the internet every little bit of information is distributed immediately and the opposing forces can easly create noise to drown it...that in a nutshell is why nothing is working for us.

    As mpadapa mentions people satisfied with EAD/AP think that life is good and dont want to help. When people wait in EB3 for 7-8 years and renew EAD/AP for 4-5 times like i have, they will understand. Untill then we hope and pray and call

    Visa numbers have been recaptured in the past (year 2000, I think).

    Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?

    Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.

    Perhaps we can borrow some of their wisdom.




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  • a1b2c3
    08-17 12:34 AM
    Looking at the recent approvals looks like USCIS does the following:

    1. Pick up x number of files using a random algorithm.
    2. Arrange these files in a random order using the same random algorithm
    followed in step 1.
    3. Randomly pick any file arranged in step 2.
    4. Toss a coin.
    5. On odd dates if it is heads,approve the file. On even dates if it is tails
    approve it.
    6. If file is not approved in step 5 put it on the shelf to be picked up
    in step 1 in next cycle.

    I can only hope you are wrong :). I hope they sort first by PD and then by RP.



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  • GOTGC
    07-24 03:09 PM
    makes no sense.....

    EB3 India setp 2006 wasnt even current in Jun 2007....

    Since LuckyPaji mentioned his brother came on investors visa, I'm thinking even he applied under INVESTOR CATEGORY-EB5..

    Probably he is right that he got EAD, 140 and 485 receit notices etc...:) ..
    Anyway he is not sure about his category..So it could be EB5 which was NEVER retrogressed..




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  • Milind123
    09-16 02:27 AM
    Just made a one time contribution of $100
    Order Details - Sep 15, 2007 23:30 GMT-07:00
    Google Order #412727833594707

    Unfortunately I cannot be at DC, but Thank You all for the efforts.

    Thank you very much for your contibution. I really appreciate your contribution.



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  • hopefulgc
    07-11 01:24 PM
    If they are rolling a dice.. it sure reads 1, 2, 3, 4, 5, and then 900 dots on the last face.
    This bulletin rulz for giving a lot of people here (including me) false hopes.



    I do not get it either. They seem to have this very complex formula to determine where to move the cutoff dates or they simply roll a dice. Is there no transperancy. Sometimes I figure I should just not be bothered. It is black box!!. But I can really not do that!. Atleast we are participating actively in the call campaigns. But is that all we can do?
    EB3- June 2003, India




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  • lonedesi
    08-11 12:56 PM
    Hi All
    I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?

    Congrats. You are one of those lucky ones. Be thankful to USCIS that you got your I-140 approved so fast.



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  • vinabath
    07-20 03:43 PM
    Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.

    Again 'Chill out' dude. This has nothing to do with IV achievements. Please ignore this thread.




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  • sledge_hammer
    04-17 02:20 PM
    H4+ I-485 pending still is a valid status. Now what rules they have regarding approving the loan to someone who is not working (because of H4 status) is something I am unaware of and not immigration related, I guess.

    But if you are going to send them a copy of your I-485 application, that should mean SOMETHING in their eyes.

    Do let us know how it goes. It will also be helpful to others in your situation. Good luck!

    Thank you Mr. Hammer.

    My question was about H4 + 485 pending? Then what is the status? I have earlier given EAD, but they did not accept that. I am submitting 485 receipt with A#. Let me see how it goes.




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  • karanp25
    07-11 11:36 AM
    I can understand the excitement. I am also in EB2 2005 PD. But the fact is that, this seems like a temporary movement only...i don't think dates can stay at 2006, going by simple math.

    PPl can give me those red marks, but i think dates will retrogress again by Oct.




    santb1975
    05-22 03:12 PM
    This thread is mostly being bumped without contributions today :confused:




    NKR
    06-25 12:56 PM
    Fully agree with you.
    A thought comes to mind on reading your post.
    Is that what the average Amrican wants us to do? Do they want us immigrants to be kept away from participating in innovation? Do they want us to keep working mundane jobs? Do they want us to lag behind them?
    This is just a speculation no hard proofs but only a thought.


    Isn�t this what the American companies want?. They get qualified people who keep doing the same job for less and churning millions for the companies. Also, the big companies are fighting to get H1s quota increased, they do not care about whether these people get GCs are not, being in H1 for long serves them right.

    Isn�t this what many people here want?. They can boss over us for many years even if you are more qualified then them since you cannot change your profile.

    Isn�t this what the government want?. American companies are making money, many people are happy. Then why change the situation?.

    How much percent of the immigrants who get GC go on to become innovators and start their own company?. I would say less than 10%, that also could be a far fetched figure.

    America gains more than it loses.



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