Thursday, June 16, 2011

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  • chanduv23
    08-04 09:33 AM
    I dont think USCIS is thinking that way. They are just picking a stack of application ( mix of all EB1 2 3 for all nationalities) and validating the applications to see if anything is missing or if there are potential reasons to deny it. If they can deny it they will do it promptly and that is one less case to be shown as pending. If they need additional info they will issue RFE and get updates. If they feel satisfied they can pre-adjudicate application and claim that count in their yearly review as acheivement.

    Preadjudication is done to maximize visa utilization and avoid rapid movement of dates. DOS moved dates in July 2007 to maximize visa utilization keeping CP applicants in mind, but did not have a count of AOS applicants.

    But the fact with EB is most applicants are AOS as compared to CP.

    By preadjudicating they are able to have a count upfront to hit the CPO trigger.

    Now when your dates become current, the officer may want to review your situation again or may not - this is pure speculation and is a possibility.





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  • roseball
    02-11 05:21 PM
    Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.

    This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.

    Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.

    Now coming back to the OPs case, I observe the following from the information posted so far:

    - Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
    - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
    - Sponsoring employer revoked approved I-140
    - USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
    - USCIS denied the pending I-485 based on incorrect I-140 approval

    If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.





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  • h1techSlave
    10-05 10:37 AM
    This is a very good development. And this time, they are not talking about a complete overhaul of the system. Just increase H1B visas and increase EB visa numbers.

    Hope this is a less bitter pill for the common American populace to swallow.





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  • Goodintentions
    04-20 06:11 AM
    Politicians always want to keep issues alive! If issues go away, there is nothing to fight, nothing to talk in the elections; without issues you cannot get "bulk" support from any specific group! So, the so called CIR will remain a "perpetual carrot". It will never happen in our life time.

    We are all mature, educated people from a highly politically conscious environment! So...we are not naive, I am sure!

    I take this opportunity to summarize a few things which have happened in the context of "long term indentured" labourers like us:

    1. Quantum jump in terms of H1 ---> about 8 / 9 years back [happened because of pressure from corporations and their lobbies, nothing to with us. they wanted cheap labour and more profits!]

    2. "Free for all" L1s ---> There is no cap, no specialty skill requirement. Not even sure if this has a min wage like H1. Why? Only because it serves the interests of the corporations to import 80% of the work force in any project!

    3. Yearly H1 extensions based on Labour approvals / 3 year extensions for I 140 cases ---> When the "slaves" started returning after 6 years (without GCs being approved) the corporations growled and again the lobbies worked day and night. This has nothing to do with our pleading!

    4. AC 21 ---> This is a good feature with a humane angle, but again there is NO WRITTEN MEMO permitting the employees to switch jobs 6 months after receving their EADs! This has been clearly articulated in a new item by Murthy.com! So AC21 is NOT a fool proof mechanism!
    If the employer withdraws his I 140 there is a fair chance that 485 might be denied. (as per Murthy.com, there are a number of cases where such denials have happened). Again INS will never issue a memo, because it will antagonize the corporations

    5. EAD / AP merger ---> this is a minor change in procedure, an admin fix! This is not a policy change. Full credit to several immigration forums and pleadings. However, this is not going to help many of us as our AP / EAD dates vary by several weeks and we might not be able to file them together

    So, after 10 + years pleading, we have been able to get an admin fix :) That is amazing!!! Under the circumstances we cannot even dream of any legislative support or correction! Instead of Chinese / Indians in the endless line had citizens of the EU nations been affected, everything would have been fixed ages back!

    Everyone is interested in the illegals and their "hard working" school children! That is because of the money, muscle, vote power they wield! Even if they were to have 1% of the law on their side, they would have achieved their objective ages back! They are holding us hostage because we have 100% of the law on our side and they have 0% of the law on their side. Otherwise, why should we law abiding immigrants be grouped with people who jumped fence?

    Think...does this make sense at all? Correct me if I am wrong! I will accept my mistakes with all humility!

    How is the CIR even relevant in our case? Did we do anythng illegal????

    What are we all waiting for? ~ ~ ~

    Honestly, NOTHING but the WILL of the SUPREME POWER can help us !!! (more than 99% of the population are believers, anyway)

    Youngsters in the early to mid 30s with "non US citizen kids" please think seriously. Do not waste your time in this mess for decades. We have all suffered for 10 - 12 years now and have no options. If you cross the age of 40 then you cannot immigrate to any western country because you will lose in the "points system". It would be a good option to live in countries who have a clear cut time bound program which does not discriminate on the basis of your nationality.

    When the corporations wanted you and I, H1 was increased - no one was bothered about your nationality at that time. Today when we want a future for our family and kids, people talk about quota and diversity! This is what is known as "Having the cake and eating it too"

    Remember, the system has been designed to support and ensure long term indentured labour to sustain the greedy corporations! There is no place for empathy or compassion. It is business! It is money! Free market enterprise works this way!

    If we are expecting miracles, we are chasing a mirage!!!

    May the SUPREME POWER bless the EB2 / EB3 communities and give them the strength, resilience and the patience they badly need!!!

    ================================

    Hi all!

    Please visit this link !

    Comprehensive immigration reform probably doomed - Yahoo! News (http://news.yahoo.com/s/ap/us_obama_immigration)

    THis is precisely what I had said yesterday! The issues HAS and WILL be kept alive, FOREVER!

    In a way it is good because, now we can plead with both parties to think of LEGAL WORKERS like us!

    If this ends the "hostage drama" by the "illegals" we should be more than happy!

    What next???

    Thank you!!!



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  • hsingh82
    10-01 07:04 PM
    If you want OCI, there are a few hoops to jump through -

    1. Apply for an Indian passport first.

    2. Once the Indian passport is issued, apply for the US passport.

    3. Return the Indian passport after the US passport is issued. The consulate should return the Indian passport back to you, but keep a photocopy in case they don't.

    4. Now you can apply for OCI on the grounds that your son once held an Indian passport.

    Absolutely wrong. Lot of misinformation here. You can very well apply for OCI for your child even if both of you are Indian citizens and the 4 steps mentioned above are just wrong. I would prefer OCI over PIO as mentioned in the other reply too, on PIO your child will have to register with the police station evry six months if stay is longer. OCI is valid forever while PIO is valid for 10 (or 5) years and OCI means you have all the rights but can't fight elections and vote.





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  • enthu999
    04-14 07:18 PM
    Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
    I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
    When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
    As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
    1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
    2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
    3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
    4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
    5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
    I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
    Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.

    Given that you got your 140 approved and applied for 485 and it is more than 180 days, you are in relatively safe situation.
    Rememeber GC is for future employment, as soon as the dust settles..you need to find a job!



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  • dallasdude
    06-12 12:56 PM
    If they get continus apps from Eb1 in each quater how can they set up cutoff date ? ( I mean their demand with in range of supply ) .. isn't that illegal ?

    Most recently, the cutoff dates for EB3-India was set on Jan 05 bulletin and for EB2-India on October 05. Not sure about the other categories, but it seems to me that they either do it at the start of a quarter or at the beginning of a fiscal year. Based on their comments, it does seem like demand is starting to exceed supply for those EB1 categories.

    I feel like EB1 India and China will have cutoff dates beginning October 09.





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  • H1b Guy
    11-15 03:26 PM
    The Pain you are taking in defending our fellow desi blood sucker companies.....it seems that you are yourself a Big "Dalla" sitting somewhere in new jersey.
    I have some Requests to people like you (All "Dalles")
    Please Stop living on Employees 'Hard Earned Money' .
    Treat Employees nicely and stop your Arrogance
    Tell your employees the actuall billing rate
    Stop Harassing them and Torturing them
    company Guest Houses are look like a Shit....they are not livable...
    Stop putting 10 people in one Guest House...
    start giving them standard Benefits( Health, Vision,Dental)

    I dont think so there is gonna be much impact of my Requests to these comapnies becaue all they care is how much maximum money then can make on employee in short time.......



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  • camarasa
    07-20 05:38 PM
    Guys
    Don't worry about this bill being rejected. I am pretty sure one way or the other they need to increase the EB visa number soon, else definetely USCIS will be in big trouble with thousands of applications sitting there for them, now having said that USCIS will find a way to get some bill which will have EB visa count increased passed in congress, so untill then cheer up and complete your filing.:) :) :)

    Or they will find a way to make to make it more difficult to qualify...





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  • dhirajs98
    03-10 10:49 AM
    thank you, dhirajs. What was the amount (so that i can add it to the total)? Thanks..

    $50



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  • deba
    10-23 09:38 PM
    This is all very interesting indeed. Your had your FP in Sep and it got cleared that fast? within a month? I am a July 2nd applicant and had FP in Sep too. Please post your details after receiving your GC.





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  • hebron
    06-29 03:23 PM
    CNN Political Ticker: All politics, all the time Blog Archive - Obama Immigration speech Thursday � - Blogs from CNN.com (http://politicalticker.blogs.cnn.com/2010/06/29/obama-immigration-speech-thursday/?iref=allsearch&fbid=rwJsrFt2oZa)



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  • chanduv23
    10-09 04:21 PM
    ^^^^^^^^^^^^^^





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  • ItIsNotFunny
    12-30 03:55 PM
    Maybe we are not looking at this article in the right context.

    This artilce was written for the purpose of Russian version of 'The Daily Show with Jon Stewart'. So it was written in the context of commedy. Lets read it and laugh about it as was intended by its author.

    ha ha ha ha ha ha, it means I just finished reading the article.


    .

    Agreed



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  • RandyK
    10-05 10:19 AM
    Finally some positive news





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  • krishna.ahd
    09-06 09:53 AM
    Well, I like you because you are just a straight shooter. If you are such a straight shooter then let me do some straight talk, so just catch this.

    Your American mid-size company or Desi small size or super size company will get $180/hr but you will not get even $50/hr from the same client even when you go direct. So no matter how "highly-skilled" you think you are, your non-compete argument is not good enough for you not to be able directly market yourself, because there are gazillion other companies using BI, Cognos, BO, Informatica, Datastage and every similar crap. You can impress a few people by naming some technologies that maybe hot but they don't mean a &hit if you market them yourself. Here is why. A lot of people blame the lack of GC as a reason to be exploited. That is part of the problem. The other part of the problem is that most hiring managers in large companies get commission from these small, mid-size or large American, Desi or European consulting companies. That's why in most cases they always hire through one of these companies. They will not hire directly because the manager thinks you to be a stingy desi, and if he hires you directly the hiring manager will not see a dime, so why will he hire you directly? This is a big cycle of corruption and everybody is part of it including lawmakers who get contributions from lobbyist/representatives of these small, mid and large size companies. You think lawmakers don't know what is going on? You think client doesn't know that you make 85K when the middle company get $180/hr? You think the big-bosses at the company/client doesn't know that the hiring managers are getting favors from middle companies? You think lawmakers doesn't know that immigrant worker waiting for long delayed GC is bonded to an employer that buys employee retention insurance policy for the employer? They all know it. But you see every player in this movie, you, your hiring boss at the client site, the middle company, the lobbyist, the lawmaker and many more, they are all being paid from that $180/hr which you think that you are entitled for because you know Oracle BI and Congnos. Do you realize how easy this ETL, Informatica bull &hit is but somehow you seem to think that its worth $180/hr. And you seem to think that your problem is that other than you, everybody else around you is faking resumes. If you are so smart answer this, how will you avoid using two bitmap index on two columns in two tables when used in the same query? And why would you want to avoid using both the bitmap indexes? Na Na, now don't go to Asktom.com to look for an answer, you are highly skilled, you deserve $180/hr for knowing Congnos and Informatica, shouldn't you be knowing atleast this.

    Sorry, did not mean to put you on the spot, just trying to highlight that the problem in this entire debate is, every player in the picture stands up for his/her position always trying to project self-righteous image highlighting the part of the movie in which he or she is the hero and all others are villains. And BTW, now some "super-genius" branic at IEEE - some Ron Hira or NumberUSA or someone with the name Matloff will selectively cut paste from yours or mine post and use it to prove his/her agenda to make name and career for himself as if he is the savior of the world and ALL IMMIGRANTS are evil. And the story goes on and people continue to wait for something to happen when the cycle of corruption continues.... Best of luck my friend, you sure should get $180/hr on EAD, GC and when you are a citizen. It the turn of the idiots at Programmers Guild to read this thread thinking why they are not getting $180/hr. And those geniuses still don't get.... and they blame us for their problems. Well, its not their fault, they have to find and label some group of people as their enemy before they can play a victim card to get some sympathy and relief from nationalistic group of politicians.
    Very Well Said Sanju . ( not to offend valuablehurdle or infact anyone else )

    Yes GC/EAD gives to room to look around / negotiate the higher rate , to sustain and move up will require a lot more than that.

    Look at the aveage compansation for any area.
    Assess your expertise ( not to compare with you the guy sitting next to you)
    Try to move up in the ladder
    Keep updating your tech skill
    Diversify to more ( but related ) skill.
    Add niche like PMP / Six Sigma.

    Top of all , little bit of Luck , to be right place at the right time .

    I dont think , i have mentioned anything here extra ordinary , only "CS"

    Wish you good luck



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  • snathan
    09-05 07:26 PM
    It would make more sense to compare and brainstorm if you can post the skillset you have in mind and the rate you wish for?

    I agree that being on EAD or having a GC puts a person in a better situation compared to H1B but the bottom line is the skillset in context, demand for that skillset and expertise that one has in that skillset.

    it depends on the skill set and your experience. I accept the fact being on EAD or GC will give advantages. But I dont think GC only make the wonders. you might get 10-20% extra.





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  • GCplease
    10-24 09:35 AM
    I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.

    I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.

    Congratulations to Shimul99. Good for him.

    Did he have a aging out kid who filed for 485 along with him. I have heard thoses cases get prioritized.

    In any case, I am happy for him.





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  • jonty_11
    06-18 10:55 AM
    please post source...always.





    diptam
    08-25 02:08 PM
    This strategy worked for lot of folks. But there are some States like CO where no DMV office understands our problem - NJ is not like that at all.

    Good Luck !

    My friend was in a similar situation last yr, He took his all his documents to Trenton DMV and they have given him 90 days extension.

    Try that, Good Luck

    Other Option is convert your H1 Extension to premium and get the approval before your H1 expiration date





    nixstor
    09-15 03:44 PM
    I will be very delighted if folks can utilise the private message option to exchange emails and phone numbers to explore real estate.



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