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  • FinalGC
    09-01 10:58 AM
    How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.

    Pooja.......The way you are going, very soon, you will start saying Northeast guys vs MidWest vs Mountain Time people vs...Pacific Time people.......If you continue with this attitude, all you do is DIVIDE, rather than UNITE.....Maybe you need to understand that such comments are considered racists




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  • mani_r1
    07-19 11:18 PM
    Count me in for $100.




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  • mirage
    03-06 03:33 PM
    I did not want to respond you but here's what can be achieved by lifting the country caps even for 2 years. If you lift the country cap, oldest PDs get the green Cards irrespective of their country, considering it's Indians & Chinese who are stuck the most, believe it or not, India will get all of 140K Visas, you can easily expect India and china to come at par with ROW, I know with your intelligence level, it is hard for you to understand, but if you are in a line, you are always going to get benefited if more people before you get eliminated fom the queue...

    ------------------------------------------------------------------------------------------------------
    Please DO NOT join this selfish effort aimed at fixing the country limits till MIRAGE gets his green card.
    ------------------------------------------------------------------------------------------------------


    Removal of country limits temporarily and permanently, will both require the support of the majority of both houses of the congress. It will require as much effort to to remove country limits temporarily as it will require to remove country limits permanently.

    Some folks here just wants to remove country limits till the time they get their agree card i.e. for the span of 2 years. If removal of country limits is good for EB community and America, then why only remove it for 2 years ONLY.

    Such a campaign is likely to divide this community. PLEASE DO NOT divide the community by supporting this mis-directed agenda.

    If country caps can be removed temporarily then they can be removed permanently. But asking for less than what key lawmakers have already proposed less than 6 months back is like shooting ourselves in the foot. PLEASE DO NOT throw others under the bus. PLEASE!!!!




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  • mirage
    03-08 10:23 PM
    While your story is interesting, but I beg to differ again, because, immigration is not something which would be discussed in the Congress for the first time, if we are successfull in bringing something. Each and every single lawmaker in this country understand immigration to the extent that you may not even start to guess...People who oppose us have been putting their restrictive bills again and again so they are going to continue doing that despite of us do something or sleep, do you think Numbersusa wait for us to do something, their anti.... mill will keep churning.

    Let me give you a story:

    On one of my teams; there was a super star supervisor. He was accused of having inappropriate e-mails.

    HR wanted him fired and opened up a big investigation. His manager comes to me and tells me that we have to do everything possible to save him as he is a very key person and irreplaceable.

    I went upto HR with my boss to tell them that this particular person could not be fired under any circumstance and that we should let this indiscretion go.

    They should be and my boss the e-mails. The e-mails basically were so male chaveunistic and racist. I probably had sent these types of funny jokes in my career and so had my boss and probably so have all of us. We didn't think it was a big deal when taken in context but we had to risk our own credibility and fight with HR to save him. In the process of doing so; we would have lost our credibility with the evidence against him. Even if we fought it; we would have still lost but it would have stained our reputation with HR area by trying to fight for this guy.

    Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.

    Take my example of adopting newphew. As I said this isn't the only case; when they start seeing that number of people from India is due to many causes (arranged marriage and adding dependents always from India after they arrive here; staffing companies, h-1b violations, etc, etc.,); the circumstances are not on your side. This is the fourth recession I am living through in this country. In just about each one; immigrants bore a dispropritanate share of blame for the countries ills.



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  • Sakthisagar
    08-09 10:59 AM
    Why are you not taking EB1 into account where the diff is 9 - 10 years. I came to US on L1 in 2001 Then applied for EB3 in 2004 which was deneied in 2006. Then started in EB2 in 2006. So if you consider, I have been here since 2001 not that I just come in 2006. Like the same way you too move up in your career and then apply for EB2.

    Read this once more...


    That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! :-)




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  • seahawks
    07-08 09:54 AM
    if there are more than 200 people then weekend works too, it will get coverage, but otherwise anything in DC must happen beginning of the week. Senators congressmen usually leave town Thursday night. So if the intent is to show tourists or if the intent is to show lawmakers is what we need to decide. If the numbers are high on a weekend, then automatically there will be press coverage. Somebody needs to prepare press statements and so on. It not about convenience more than needs, lets weigh in how many people can we get to participate first, firmly.



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  • diptam
    06-27 12:08 PM
    I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"

    They also told me over phone that they have the capability of revoking
    140 and complaining against me to INS if i try to leave before getting the actual GC.

    Can they do that - after 6 months they lose that control - Right ??

    There are many points on which this agreement can be defended.
    1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
    2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
    3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.

    Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.

    I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.

    Good Luck.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com




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  • skgc
    04-01 01:33 AM
    Hi All,

    I have a question about invoking AC21 using EAD vs AC21 using H1B.

    My status is as follows:
    - approved 140 from a BIG company with BIG lawyers, but company going down.
    - more than 180 days since filing 485
    - H1B valid till March 2010.
    - I have been on H1B since 2001
    - WILL BE LAID OFF THIS WEEK.

    I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.

    My question however is regards to the EAD/H1B usage after revoking AC21.

    I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.

    So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:

    1. Can I go back to H1B again after using EAD
    2. Will I be subjected to the cap?
    3. What should I do to get back to H1B?
    4. Can I do it without leaving the country?
    5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
    6. Any other advice, anyone?

    I would really appreciate if someone could help me out.

    regards,
    ssk

    ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.



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  • GCStatus
    09-14 04:19 AM
    No single person can do this alone. A big group like IV should / must sue USCIS.

    Welcome aboard Friend - We certainly are




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  • kshitijnt
    05-02 12:54 AM
    Hey,

    Just keep in mind those dots doesn;t count...what will count is how in the world are we going to tell USCIS our pain and this hostile situation ....

    Americans and agencies generally better understand the language of lawsuits. Polite requests and working with congress does not make sense to them.



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  • buddyinsd
    08-26 01:47 PM
    Whats ur PD? U r not current in Aug right?

    No. It is a good company and are very careful with things. I have never been in consulting. One good thing they did unlike other companies is they anticipated career growth and filed GC for a higher position and I could gladly accept promotion in my career.




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  • jsb
    03-10 01:25 PM
    Sayantan,

    It ironic that you, of all people who got a GC through EB1, are questioning the importance of intellect over physical labor. It is no secret that human civilization has progressed and prospered only because some people have thought hard and attempted to invent new things. And the current EB preference system clearly reflects that importance of intellectual advancement to any society.

    The cabbie or the waiter, with due respect their profession, is a mere cog in the wheel; a facilitator. But you my friend, the high skilled immigrant, have the ability to innovate and help your society progress. You have the education and understanding that can be passed on to future generations.

    It is not to say that the waiter cannot invent, but the fact of the matter is five years on and he is still waiting tables.

    I wonder if you were waiting in limbo for five-six-seven years, would you have still made this callous remark?
    The waiter is waiting at the restaurant table for five years. You are waiting at home (for a GC). Who is better?

    Anyway, you are mixing two different issues. The Nepali guy came to the US on diversity grounds (no matter what his education is). US law promotes diversity, meaning faces from all over the world. Family and Employment are other two categories. In EB category, of course, higher education stands higher priority. Family and Diversity are diffrent categories with criteria.



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  • nogc12
    08-02 10:27 AM
    I called customer service yeasterday and the response is that they were processing June22 cases and they would get to July 2 in 2-3 weeks.




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  • Caliber
    05-01 08:55 AM
    thanks akred for refering INA. I went through it now

    In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
    is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
    and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).

    IV Core. Can something be done to highlight this issue in your conversation with authorities ?

    This is good idea. But Family GC's have a wait queue of 10-15 years. Only immediate family members of Citizens does not have queue.

    But this is a good point to note when our Lobbyists discuss with USCIS.



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  • fetch_gc
    10-17 10:04 PM
    fetch_gc,
    My packet delivered on July 16 signed by R Pitcher 9a.m. at NSC.
    I am hoping yours and Vivek.. package was also in the same bundle.

    Just curious, what is a front log ??

    Hi GCSPACE,

    Just wanted to let u know that when I called NSC IO today, she was kind enough to give my 485 Recpt # and asked me to wait a couple of weeks to get them in mail. She told me they(both my wife and mine) were just entered into the system.

    Also I asked her abt my wife's pkg, she said it also got cashed, but my wife has to call to get her Recpt#.

    frontlog refers to the folks who have filed between July2nd -July 16th.

    Thx...




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  • anilsal
    12-11 10:57 PM
    What about folks who say - "I will accept anything when it happens".

    They will accept that the laws can change when they change.



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  • Rohan99
    02-01 03:43 PM
    according to movie, India will be better place because we can make to the arks in Himalayas faster. From north America it will take longer time and we have to find Yuri to get ride. Astrophysicist Dr. Satnam Tsurutani, who discovered solar flare in India, was among the dead, he didn't make it to arks.



    :D
    2012??? - According to the Mayan calendar the 2012 will bring the doomsday !!!! :D




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  • chanduv23
    07-09 09:12 PM
    Desi393, FinalGC, Ramba:

    You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, what do you mean by "legitimate
    " employment? Could you quote a USCIS resource?

    Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.

    sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
    the "permanant" job means "the job is always there" as per projection.

    even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.

    The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.

    So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.

    Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.

    Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now




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  • jaihind
    04-24 11:41 AM
    Dear Friend:

    Do not give up hope.

    Take a second opinion.

    Go to India and spend time with your loved ones. Many times that heals things in a magic way !

    On your GC situation do these :

    1)Send an appeal to your local senator under CC to the Secretary of State, Homeland Security and the President to intervene and do some thing
    2)Send an appeal to the Director of USCIS in charge of AOS explaining the situation
    3)Consult a good attorney to know the options in the exiting scenario

    My entire family will say a prayer for you today at 8 PM. I request all IV members to join the prayers if possible.

    God Bless You

    Balaji




    ski_dude12
    08-26 03:33 PM
    Even my case was transferred from NSC to TSC. My I-485 receipt has receipt date as July 3 2007 but the notice date is September 7 2007. My A# is on the receipt but no PD.

    I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.

    In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.




    surabhi
    04-23 04:30 PM
    You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )

    This is not a personal advice but general appeal to all would be employers.

    I hope you have researched and understood obligations of an employer.

    By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.

    If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.

    For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.

    I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.



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