Saturday, July 2, 2011

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  • franklin
    06-08 02:10 AM
    noob question: your signature states a PD of 4/04 and EB3.
    How can you file your I485 now?

    Am i the only one not up to date?

    Simple - ROW (aka Rest of World). Different "countries of birth" have different current Priority Dates

    You'll notice from the excerpt below that the current (June 07 bulletin) for my particular category is June 05

    ROW China India Mexico Philippines
    3rd 1JUN05 01JUN03 01JUN03 01JUN03 01JUN05




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  • desi3933
    07-09 11:19 AM
    it says nothing about who can file an application.
    it only says the "status may be adjusted" IF.....

    I-485 application is nothing but application to "adjust the status". Section 245 govern the area of I-485 filing and approval (or denial).

    Also, read (3) again in previous post
    an immigrant visa is immediately available to him at the time his application is filed.


    Do you know that "his application" means here. Right, it is I-485 application.


    ______________________
    Not a legal advice.




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  • diptam
    09-29 11:46 PM
    Your employer do NOT have to give LC or Original 140 to you for invoking AC21. If you have 485/AOS receipt ( which is your personal property) and you got a copy of 140 receipt ( if not approved) / copy of approval notice and that 485 shows more than 180 days from RECEIPT DATE you are good to switch Jobs.

    Just keep in touch with Attorney in case if any RFE comes - so that he contacts you now instead of your previous employer. If you are a self-filer or have hired your own Lawyer even you dont have this headache.

    When changing Jobs - be responsible on your own , so that you can respond to the RFE satisfactorily. Also make sure you get a letter from new employer that they want to recruit you on a permanent basis quoting your Salary and Job description.

    If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.




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  • gauravster
    11-17 05:53 PM
    Done..



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  • vij
    06-15 07:49 PM
    This is what i have been asking since last week.

    My attorney told me that apart from employer i would also get a receipt notiece. I want someone to confirm this.

    My petition was sent on June 4th and i haven't received anything yet

    Is this true?




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  • mattresscoil
    11-18 08:23 PM
    Hello group:

    Got this response from Ander Crenshaw - Member of Congress
    What does this mean? is he going to support or not? should I follow-up and ask anything else?
    =================
    Thank you for contacting me to express your concerns about immigration policy. I appreciate your taking the time to share your thoughts with me on this matter.

    The basic law governing immigration and naturalization is contained in the Immigration and Nationality Act (INA) of 1952. The INA establishes a flexible level of permanent admissions. The Act provides for a permanent worldwide level of 675,000 immigrants each year. The worldwide level is flexible in that it may be exceeded in certain circumstances. The permanent immigrant level consists of the following components: (a) family-sponsored immigrants, including immediate relatives of U.S. citizens and family-sponsored preference immigrants; (b) employment-based preference immigrants; and (c) diversity immigrants, those immigrants with low admission levels who must have a high school education or its equivalent or a minimum of two years work experience in a profession requiring two years of training or experience. Additionally, the INA establishes per-country levels that are applicable to family-sponsored and employment-based preference immigrants only. The per-country level is not a "quota" set aside for individual countries. According to the State Department, the per-country level is not an entitlement but, rather, a barrier against monopolization of the immigration by one country in any given year.

    Legal immigration has had a positive impact on the United States and our economy. Most immigrants come to this country with a support system already in place (e.g., family-sponsored and employment-based immigrants). The majority of the other legal immigrants are permitted to remain in this country for humanitarian reasons. Studies have also shown that within several short years, most immigrants are net producers, rather than net consumers, in our economy. While there is certainly a legitimate debate regarding the appropriate level of immigration, most would agree that an immigration policy which promotes family unity and requires a certain degree of self-support is generally acceptable.

    However, there is a significant difference between legal and illegal immigration. Since my election to Congress in 2000, I have worked with my colleagues to ensure that our border is more secure and that we do not encourage people to come into our country illegally. Illegal aliens place a tremendous financial and social burden on our society, and we must work to stop this unfair practice.

    The best way to get illegal immigration under control is to secure our borders. Our porous borders have allowed more than ten million people to cross into our country with no oversight, no accountability, and no record. We simply have no idea who they are, where they came from, and most importantly - why they entered our country illegally. I believe we must increase the size of the Border Patrol to 18,000 agents, we must actively construct a double barrier wall and utilize technological innovations, such as unmanned aerial vehicles, to conduct surveillance operations along the remaining border.

    Once we have secured our borders, we must turn our attention to the more than 12 million illegal immigrants already residing here. There are varying proposals currently being debated here in Washington as to what is the most economically feasible approach to addressing this situation. I do not support amnesty for those individuals who have broken our laws and will work to deport those individuals who have become a financial and social burden on our society. I believe that we must establish an Employer Verification System that is easy to use and provides timely feedback to employers. Any employer that continues to knowingly employ illegal aliens should be assessed heavy fines and penalties.

    I look forward to debating this issue during the year to come and assure you that I will continue to support revisions to our current immigration policy that provide meaningful reform and offer maximum protection for our borders. Additionally, I will oppose any attempts to provide amnesty to the more than 12 million illegal immigrants currently living in this country.

    Again, I want to thank you for taking the time to contact me. Please feel free to contact me if I can be of any further assistance on this matter or if you would like additional information on this topic or other issues facing Congress, please visit my Web site at United States Congressman Ander Crenshaw - Florida's 4th District (http://crenshaw.house.gov).

    Sincerely,
    Ander Crenshaw
    Member of Congress
    ==================



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  • IfYouSeekAmy
    02-01 12:25 PM
    :D
    2012??? - According to the Mayan calendar the 2012 will bring the doomsday !!!! :D

    I have been thinking in similar lines for quite sometime now. I have decided to wait till September 2012 to see if dates reach my PD which is October 2007.
    If not i am strongly looking at New Zealand too...At least for me i want to work/live in a western country as locums and relax in India when i am off...I dont see myself working in India full time, at least not at this point.
    This may not work for most folks but being in Health Care, i have this option.

    I wish you the very best !




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  • Naveen
    05-04 07:59 PM
    Hello Sir,

    While opinions are good and welcome. My requirement is to see the exact INA language.

    I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?

    Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.

    Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.

    I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?

    Thanks

    Hello Madam,

    22 CFR 42.32 a(2),b(2),C(2) page 224

    http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.


    Hope this helps you sleep better at night.

    Thanks

    P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?



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  • BondJ
    09-18 08:23 AM
    Paper filed EAD for me and wife on Jul21..TSC RD -Jul22..CPO on Sep17.
    Good luck!




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  • Rohan99
    10-10 09:33 PM
    I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
    Hope every one of us will receive our receipts, EAD and AP asap.

    Congrats bluesky1!!!
    Can you tell us more about your application like RN on receipt? TSC or NSC?



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  • nashim
    06-02 08:44 AM
    Please share your experience, if any one come across this situation




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  • yetanotherguyinline
    07-10 06:35 PM
    --

    I just sent a PM to him with the details. yetanotherguyinline, please check your PM.

    got it, thanks....



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  • vjkypally
    07-20 09:37 AM
    Please keep this thread on the top




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  • zoooom
    08-13 02:01 PM
    No Receipt notice yet..Mine reached at 7:55 AM on july 2nd. (NSC)



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  • nomorelogins
    04-30 01:49 PM
    I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual.

    quick question is it 2003 or 2004? since perm started in 2005?




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  • iptel
    06-23 05:16 PM
    Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.

    Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.

    Buddy you reached this thread also. What part you dont understand involving foreign influence can have catastrophic effect.



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  • sayantan76
    07-08 02:46 PM
    It all comes down to priorities. If someone's aim to have GC at any cost, he/she will do everything to get to the finish line -- i.e. 180 days past I-485. In my opinion, GC process should be part of life, and it should not hijack 100% of time of highly skilled professional. No wonder, we see so many posts where person is waiting for AC-21 so as to get rid of "blood-sucking employer". For a neutral person, both employee and employer are using system to suit their needs.

    Some people will go the extent of using term "slavery", whereas, actually, their thought process is slaved to the GC process.

    And, employers know this very well and try to use to their advantage.



    >> have 2 years of experience or so, think that they have certain skills and employers would not live without them
    You have described it very well. I have met many of such professionals while interviewing them for jobs. But, the reality is, these same professionals are scraed of their jobs being outsourced.

    Some are simple cookie cutter prgrammers and compare themselves to reasearch scientists and technologically superior.

    Another thing, I have noticed is that while on H-1B, vast majority of professionals claim that they are getting paid prevaling wages, but, on the other hand, they also claim they can make upto 50% more, if they had EAD or green card. Ironic! Isn't it.



    You are right. These are the rules set by current EB immigration system.

    With this so called "exploitation" by whole Employment Based Immigrations, these professionals turn blind eye to whole thing after getting Green Card. Afterall they are, rightly, professionals.

    How many times we see any green card holder or citizen supporting fellow immigrants?

    H1 does not care for F1.
    EAD does not care for H1/F1.
    GC holder does not care for EAD/H1/F1
    Citizens wonder why immigration level is so high.

    Taking a quote from MTV Roadies program, each professional (roadie) is alone and has to look after his own best interests.

    .
    The exchange between Chanduv and Desi3933 has been a refreshingly objective discussion and is a welcome change from the typical hyper-reactionary posts one sees more frequently in this forum.

    One of the features of the fight for EB immigration reforms we all need to be cognizant of is - that most (99%) of the members are in this fight to solve an immediate personal problem (visa situation) in a timely manner - most of us are not in it because we believe it to be a cause larger than us and a cause that demands personal sacrifice - and hence the lack of collective passion (lukewarm responses to IV sponsored drives, donation efforts etc.)

    While - many have tried to compare this cause to India's independence struggle or Gandhiji's movement in South Africa - but the fundamental difference is that in both these struggles - people who led the struggles led it at a personal cost (Gandhiji willingly gave away a lucrative career to take up the struggle and so did Nehru; Netaji Bose was a Civil Services Officer and gave it up) - even the vast majority of revolutionaries (Bhagat Singh et al) were college educated professionals who could easily have had nice careers in British India.........and therein lies the fundamental difference......not one of us would willingly give up what we have for this struggle - we are in it because we are stuck in a system and want some resolution.......as soon as our particular situation gets resolved...we move on....(maybe there are a few exceptions and hats off to these folks).........and hence Desi - the answer to your question why H1 does not care for F1 and EAD does not care for H1 and so on.......it is not a collective cause - it is just a collection of individual causes - thats all - we would be fooling ourselves if we had some other grandiose visions - calling this group a cause would be the same as calling passengers on a bus one group - they are in the same bus simply because they share a part of their journey - thats it




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  • cr52401
    06-09 07:11 PM
    My recipect number start from SRC. whrere is that center? I thought texas starts with TSC.




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  • h1bmajdoor
    07-07 08:57 PM
    All officials have talked about processing 60k visas in a month to avoid visas going waste.
    None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
    So, why the mad rush to give out all visas by 06/30?? We all know why..

    some people say this was because of the Kennedy-Bush bill... to get good press for the bill.

    IMO that may be true, but having seen the way US works, i'm willing to bet 25 cents that some high official's bonus depended on ending retrogression. So he did it, for all of 2 weeks.




    sobers
    05-02 10:42 AM
    The Brownback and Bingaman amendments need to be incorporated into this bill.

    ===

    Compete America Praises Introduction of Cornyn Legislation to Reform H-1B and Green Card Systems

    'SKIL Bill' Would Relieve Crisis Facing U.S. Employers of Highly Educated Foreign Nationals

    Washington D.C. - Compete America today praised the introduction of the "SKIL Bill" by Senator John Cornyn (R-TX) to reform both the H-1B visa and employment based (EB visa) green card processes. The legislation is cosponsored by Senators Allard (R-CO), Allen (R-VA), Bennett (R-UT), Enzi (R-WY), and Lott (R-MS).

    The SKIL Bill is the latest indicator that both the United States Senate and the Bush Administration are prepared to fix the visa system for highly educated foreign nationals. In addition to the SKIL Bill, Compete America has endorsed measures contained the Senate's comprehensive immigration legislation addressing H-1B and EB visa issues; and has also endorsed President Bush's call to ensure access to talent as part of the Administration's American Competitiveness Initiative.

    "Senator Cornyn clearly understands the contribution highly-educated foreign nationals make to the U.S. economy and to Texas," said Texas Instruments CEO and President Richard K. Templeton. "The Senator's bill reaffirms America's proud tradition of welcoming top talent to this country. The reality is that most scientists and engineers with advanced degrees from U.S. universities are foreign born. The competition for talent is truly global. If the U.S. wants to win, we absolutely must encourage these advanced degree holders to stay here and get their green cards - not send them home to compete against us. The 'SKIL' bill really advances that goal."

    Both the H-1B and EB visa/green card programs have been responsible for bringing much needed foreign talent to live and work in the United States, and most importantly, to make significant contributions to the U.S. economy and global competitiveness. However, H-1B shortages have been well documented, and backlogs in the green card system are getting worse, forcing thousands of valued foreign-born professionals - including researchers, scientists, teachers and engineers - into legal and professional limbo for seven years or more.

    Among the provisions of the SKIL Bill (Securing Knowledge Innovation and Leadership) endorsed by Compete America are the following:


    Exemptions for U.S. educated foreign workers with advanced degrees in math, science, technology and engineering fields from the H-1B and EB quotas so their talent can be retained in the United States.

    Creation of a flexible, market-based H-1B cap so that U.S. employers are not locked out of hiring critical talent.

    Extension of foreign students' post curricular optional practical training from 12 months to 24 months to allow them to go more easily from student to green card.

    Exemptions for EB/green card immigrant spouses and children from the annual cap, thus making more visas available for the professionals we need.
    The SKIL Bill contains many of the provisions for reform of the H-1B visa and EB/green card systems that are present in the two versions of comprehensive immigration reform introduced by Senate Majority Leader Bill Frist (R-TN) and Senate Judiciary Committee Chairman Arlen Specter (R-PA).

    "The Senate is ready to address the problem facing U.S. employers of highly educated foreign nationals," said Sandra Boyd, National Association of Manufacturers Human Resources Policy Vice President and Compete America Chair. "It is incomprehensible that Congress would address broad immigration reform without fixing the system that brings legal, highly educated workers to the U.S. We are grateful to Senator Cornyn and the other cosponsors of the SKIL bill as well as those who have supported the inclusion of similar provisions in comprehensive immigration reform."




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