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  • Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)

    My co-worker tried that and now has 3 RFE's to respond to.
    Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
    Be very careful-





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  • Bkarnik,
    So did you ever get to contact aila. Or is there anybody who has contacts with aila taken up this issue with them?
    May be, everybody should contact their personal attorney and ask this question. We will see what their responses. If it is positive ,we can definitely contact USCIS and ask for clarifications.

    I am going to contact my attorney about this question.





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  • 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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  • When we file I485 its with Department of States and not USCIS which is part of Department of Home Land Security. In my opinion it is DOS who has to agree filing I 485 even if visa number not available.





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  • I am in agreement with JavaDeveloper on this. I am working on an H1B visa (4th year), and I have an approved EAD too. The problem is that until I get a GC, I am tied to chip design. While I have not finished 6 years on my H1B, I could move around at the cost of losing the EAD. But then my wife cannot work because she will lose her EAD, and she has already finished 6 years on H visas.

    So inherently if you anticipate wanting to change fields, America is not an option. If you guys have any other ideas on this, I would love to hear from you. The only hope might be becoming a manager and filing GC again through EB1, but that seems very unlikely for semiconductor firms.





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  • .





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  • I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?


    Yes sir. You have to carry atlest a copy of your papers, H1/L1 approval notice, copy of passport, visa page, I-94 while travelling.

    Just keep a copy of those papers in your office bag or in car's dashboard.

    Don't take it in the wrong sense. It is WORTH.

    I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.

    An officer's duty is to ask for papers. And for just few questions you are upset.

    Just think about in the other way.

    What if the officer gets upset when you remain silent....

    You don't have to post such experience as everybody knows what would happen.





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  • VEry well said.

    We can go all day, moving blame from Fresh students to desi consulting companies to US immigration policies. I feel that part of the problem lies on the hiring company/client as well. These days, they want to spend 40 dollars per hour for a person with 10 years of exp in Java + dot net + ETL + BO + Mainframe. Client wants that person to work like a superman during the normal business hour (8 AM to 5 PM) and they want the same person to work like a Batman (from 7 PM to 1 AM) with off shore. On weekends he also becomes Spiderman and flies to all corners of the US to support different clients/projects. Now....imagine a combination of Superman+Batman+Spiderman in 40 dollars per hours?? They get a 23 years old guy having 10 years of experience on his resume....through a desi consulting company. Who is at fault? The person who faked the resume? The person who tried to sell his resume? Or the entity who wants a combination of Superman, Batman and Spiderman in 40 dollars per hour? I am yet to find an answer!





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  • What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?

    I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.





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  • Be constructive and support the education of the masses in your country. Dont worry about things which you cannot correct.

    One such initiative

    http://ekalindia.org

    Jai Ganesh.





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  • Guys,
    The link isnt working for me too.

    I hope things work in favor with this bill today, but if not, we must ask for Citizenship instead of Greencards. Anyone with me.,

    We have all waited for 5-10 year and there are many who got it in one year and then Citizenship in 6-8 years from the day they got their GCs. That was the normal timeframe. But due to their inefficiency, we are waiting this much time. NOT our fault. Now dont you guys think we must ask for Citizenship.. I thought my case was too stressful, came 99, applied 04, waiting for 485 now, but I have seen so many many stories of ohter guys also here who suffered more. I feel we must ask them Citizenship. If we get, great, else atleast we end up with GC.
    Anybody with me,

    Thanks,
    Sri.,

    That is absolutely reasonable.
    Canada does exactly that. You need 4 years for citizenship, but if you were in the country legally before getting permanent residence that is counted.
    Unfortunately, US legislators don't care about what's reasonable, their only thinking is "will supporting this bill benefit or hurt my chances of re-election"





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  • A couple of documents about the

    Immigrant Visa Allocation Management System (IVAMS)

    This is the system that performs the analysis for the Visa demands/allocations etc...

    http://www.state.gov/documents/organization/109134.pdf

    http://www.state.gov/documents/organization/87963.pdf

    Just on a side note, maybe to address the quarterly-spillover issue, this system needs to be updated/changed and since it will be "a decade long task" for the DOS to do it, we might not see the spillover for a while...:confused:..

    Hope thats not the case though..





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  • From now on every year, we should send a copy of I797 (H1B) and our tax records to each and every senator and house representative so that they do not get carried away by the misinterpreted facts presented to them by Lou Dobbs, NumbersUSA, Programmers Guild and FAIRUS.

    Not a good idea. You identity might get stolen. You can't trust these people. They will simply forward your record to identity thiefs.





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  • Sent to California senators

    Forwarded to 5 friends





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  • ppl...don't wait till last minute...





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  • You don't have to struggle in home country. You were born and raised there and I do not see a need to struggle.

    And you are not struggling here also, you have come to pursue your dream, everyone here have jobs, we are just trying to fix a broken system here.

    I have 2 European co-workers. They both told me, "The only way we will go back to Europe is when we die".





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  • I'm not expert in advising but murthy.com is saying avoid duplicate filing that may lead to rejection. Would suggest to consult v.good attorney before you do.

    I have seen that on murthy too. I am not sure why they say that. Anyone else who ever submitted multiple AOS applications?

    I am sure people have submitted two separate apps in cases such as:
    1) both husband and wife working and eligible to file. One app submitted with husband primary, wife secondary AND the other app submitted with wife primary, husband secondary
    2) AOS for old labor + AOS under PERM

    In both cases I believe the USCIS will ask you to choose between the two when the time comes.





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  • Yes, I will send in the details for the telcon shortly





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  • OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America



    It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)

    and send the message out.


    Please post this link on other forums and mail to friends asking them to join this action item.

    Text of the Amendment on IV Wiki: http://immigrationvoice.org/wiki/index.php/US_Congress#Immigration_related_legislation.2C_con gressional_action_and_regulatory_actions





    I'll have a WIP screen up in a few minutes.. and then it's off to bed :sleep:





    Thanks...Excerpt from the same document

    Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)

    Source please... or are you just kidding ?



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