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  • We are trying to achieve our objective for our Freedom by Getting Greencards. Many of us experience that, we are not totally free to change the job evenif there is AC21 provision. We also do not have same privileges as US Permanent Resident. Ask the people, many of them have been turned down the Loans. Quoting my own example, my son is not eligible for College Federal Education Grants (FAFSA and PELL Grant) eventhough we have been paying all the taxes since 8 years. Even I cannot get a Private Loan for him, as we do not have Greencards. So by all means, we are feeling helplessness , because of not having Greencard. I support the idea of ItIsNotFunny. He should not be criticized for taking initiative or just for suggesting. We cannot succeed in getting any Legislation passed, is a different issue But We should always try. Who knows, we may find ourselves successful in one of our attempts.





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  • I talked to my Professor where I did my masters and he agreed to sign the online petition. He is one of top researchers in his field. Imagine if we can get signatures from such great . Professors, outstanding Scientists, CEO's and Directors of big companies, Journalists (like the one who wrote nice article in Washington post about legal immigration) and probably Bill Gates. This would create great attention for our cause. They are lots of people out there who support legal immigration and its time to bring them together and show it to the world in a petition.


    If anyone thinks this is a good idea, can you just leave a message saying that you support it. At least we know how many people are interested in this forum.

    I will gladly sign this petition as well.

    Can you please ask your professor to call Rep.Lamar Smith to voice his support for the Lofgren bills? That would be greatly appreciated.

    Thanks.





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  • But I do understand your point though, FYI. I already left them last summer in good terms and I still have good relationship with them. I also referred few of my friends (who had bad experience with their employers and wanted to come out) to ECG and never heard any issues from them yet :)

    Other than the above, I really do NOT have anything else with them, TRUST ME dude!!!

    Cool. Hard to find such Desi companies.





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  • I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?





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  • How come these people do not get caught during H-1 approval process or during visa stamping at consulate or maybe later during GC process?

    [QUOTE=chanduv23]Thats a new trend. They go to colleges and meet a group of Indian students who are about to graduate and take them out of drinks and dinner and give a presentation about their company. Then when these students come into OPT status, they are all given food + guest house accomodation. Then they are put under intense training for 2 to 3 months and made to do some mockup projects. Then their resumes are massaged with 4 to 5 years of experience ie experience from date they graduated in the under graduation and their MS education is stripped off on their resumes.

    As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.

    When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.

    With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.

    It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.

    There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.

    So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend





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  • In that case, employers should mention the following in the offer letter

    " In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

    This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
    Can these companies do this????

    Let me tell you my story

    I worked for a mid sized consulting company (not to be mistaken for desi contracting) and GC was filed in March 2004 (it was EB3 labor). I was in my 6th year of h1b in 2005 when this company got bought over and unfortunately I lost job in the 6th year of h1b with only 11 months of h1b left. At that time I was newly married and with no bank balance. Then I looked for a new job, managed to get a nice long term contract job in a month and got h1 transferred to a decent consulting company who applied for my 6th and 7th year of h1b using the labor already filed in the company I was layed off. When in my 6th year my new PERM got approved with this employer and 140 also approved and based on that I got 8th, 9th, 10th year h1b extensions. I managed to file for 485 in July fiasco and then after an year, I left the employer and started using EAD. That employer revoked my i 140 because I left them and then I had to deal with all the AC21 stuff and my journey still continues. Things were not easy, I had to maintain excellent billing rate, in one ocassion the client filed for chapter 11 and did not make payments to my employer and this strained my employer's finances and I had to make it up with a better billing rate with next client to keep my GC process intact and being consinuously employed on high billing contract jobs is also challenging.

    The diference between your situation and mine is - you are left with a choice and a decision to make, whereas me, I felt like was taken to a top of cliff and thrown from there.





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  • Look below the URL. If they are doing it. It is legal. But If some one is denied entry, they can also challenge the decision. Consultants especially will need to use proper/legal answers.

    http://www.golishlaw.com/statutes/ina212.htm

    (5) Labor certification and qualifications for certain immigrants.-

    (A) Labor certification.-

    (i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

    (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

    (II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

    (ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

    (I) is a member of the teaching profession, or

    (II) has exceptional ability in the sciences or the arts.





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  • Hold on..
    Not everyone visit this site. So any extrapolation won't make any sense. The idea is not to take polls but is that someone take up our issue, investigate and spread our message.


    The message is simple, you got the people with right stuff, standing in the line. Their wait is neither good for them nor good for anyone else.


    thats even worse. you are taking a poll of 500 people (*IF* you get that many respondents to this poll, my feeling is you wont cross 250) and expanding that to 1 million people in line for EB greencard.

    This is not extrapolation, its a joke.

    For the sake of the immigrant community, please dont drag CNN to Immigrationvoice.org to look at a poll that 200 people took of which 50 claim they would buy a house if they got a GC tomorrow. We all lose credibility if we make such statements.





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  • I also got my "Card production ordered" status few days back.

    however I also received a mail for biometrics appointment of 05/02?

    the biometrics letter date is 4/14 and my "Card production" status change was on 04/21.

    why would they send me a biometrics appointment and then approve my 485 and issue me a GC? is this common?

    should I still go for the biometrics appointment or just ignore it, I'm assuming that i'd have my physical GC in had before 05/02

    ---------------------------------------------
    PD - JULY 2003 EB2 RIR
    Concurrent I-140/I-485: No (I-140 Approved Earlier)
    Mailed From State: MA
    Mailed to (state NSC/TSC): NSC
    Received at (state NSC/TSC): NSC
    Transferred to TSC (state Yes/No): Yes
    485 Receipt Date : June 14th 2007
    485 Notice Date : July 2nd 2007
    MY FP Completed : 08/02
    485 LUD - 08/02, 08/02





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  • Berkeleybee,


    Just so that you know, I am caught in the name check too. This is a bigger blackhole than even labor processing. Becos atleast labor processing your Immigration Attorneys can write to BECs (You may or may not get a reply, that is a different issue, but atleast it is allowed). In case of FBI name check, you just cant do much. It is a much dreaded process in the whole game and needs to get enough focus. Eventually, it is going to be everybodys problem.

    Thanks.

    You are probably aware of these and have already tried it.

    1. Heard the attorney / employer can file for some extra paperwork to expedite name check. I am not sure what it is... Have you checked into it.

    2. Request your Senator / Congress staff to look ibto your case. I heard that often hastens the process. Some of my friends have had success with that approach.

    FYI: My employer (Healthcare) has had phenomenal success with I-485 approvals. Average processing time has been 6 months.





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  • I tell you what! There is nothing positive about having a green card. I have a green card and I don't see any difference. Same old stuff, except that I didn't gave my finger prints on my last visit abroad. I think they are extended that finger printing mechanism to green card holders too, so nothing special.


    Thanks for enlightenment about GC. See if GC makes no difference at all , then we have to start living life right away. Otherwise when we get GC it will be a small burst of happiness ( as other have mentioned), and then same misery again.





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  • This is great find. I am not sure why IV leadership (as an advocacy group) is not pursuing this to USCIS leadership as they are in touch with them regularly for other issues. Are we missing something here?

    Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.

    Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).





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  • I lost you there. Being silent and possibly getting arrested is protesting in a legal manner ? Why would you do that ? There are numerous other means of doing it.

    Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.

    Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.

    I am not sure if they asking me to step out for further questioning or even taking me to a police station would be consiered an arrest. i mean i don't think the event will be recordded in my history/profile in such a way that anyone reviewing my history will say "eb3_sep04 was arrested in NH in May 2009 for ....". I think detention is not same as arrrest, i view detention is something like cops requiring anyone wait reseonably longer (> an hour or so). they wouldn't handcuff me for not saying a word. Again these are just my thoughts, i am not an expert on those jargens.





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  • I am in. I am EB2 but I support this because this makes sense.

    Thanks for your heartful support.... we need more people like you to support.





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  • Until last year, it was important to announce a job change via AC21 to USCIS. This was because many sponsoring employers would revoke the 140 (even after 180 days) so that they could reuse the Labor for someone else.

    When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.

    This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.





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  • it will not move past March 2004....that is when PERM was started, and everyone with pending EB3's doubled-downed with a second EB2 application. Its time to feel the pain of that now!!!





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  • Rambha:
    First hats off to you to source information and then put it on this forum.

    However, how will this mistake be rectified?
    What happens to us who have spend so much money on preparations?
    Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
    In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.

    I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.



    In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.

    It is a really a good question. Unfortualtly no one going to pay back money, time. It is just a poor customer service. These are all the burdens we need to go thro, as a immigrants. We do not have much rights in a foreign land. I know, some guys sued INS for delaying 485 approval in early 2000. INS took more than 2 years to process 485 even it was not affercted by etrogression (entire 2 year PD was current). The law suit is not favorable to us.





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  • Any idea how far will it move? Will it come to Dec 2005 ;)





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  • Goldman Sachs is next. Then WaMu + there will be bank runs. It doesn't look good. We will probably see car makers in line. Home builders will be next. Dell, HP is laying off. We are totally sc----d. We have no hope of GC. We will be lucky to hold on to our jobs.:(

    Oh my God, i am screwed, end of the world, life sucks, dont know what to do, i am crying, i am bleeding, screaming, God, superpower help meeeee, save meeee

    Get a life dude, you werent born thinking america





    I carry my GC, passport etc even if i get out of my house to my lawn.
    I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?

    Cos, if you are not a US citizen, the burden lies on you to prove your legal status.

    This is the reason why US is losing out on tourism in a huge way.





    VDLRao is ONLY a stress reliever - not to be taken seriously.
    I am surprised that the community still does not realize the gravity of the situation and still thinks and plays the "positive attitude" game on their own lives.

    Hello - economy is tanking and right now, we cannot see any positive movement in near future.

    Please be prepared to protect yourself from job layoffs and immigration challenges rather than sitting and playing the predictions game



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