Thursday, June 30, 2011

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  • knnmbd
    05-03 10:53 AM
    I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.

    Master's Degree in the US from an accredited Instituiton plus three years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.

    What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...

    The Master's degree + 3 years experience will be a requirement that the USCIS will have to be exempt from the cap. It does not matter if you�re employer has filed with min. requirement as say a B.S + 2 years exp. When you hit the 3 years of experience in related field and ALSO previously have a M.S degree from the U.S university you will be able to file for your I485 regardless of whether your initial LC said that the min. qualification for job said just a B.S. Please correct me if I am wrong.




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  • aspire_sam
    08-09 10:56 AM
    Sanhari. I can very well understand the problems that you and every1 else face in EB3 category. But the way you are trying to put your case forward is wrong. By comparing with EB1 and EB2 priority dates you are just trying to show your frustration and not making a case at all. There is a reason they have different categories and similarly have priority dates for those. If you are eligible then port to EB2 else join IV with immigration reform or the latest fight to "Recieve EAD even if dates are not current". Please do not confuse teh congressmen or the senators who are already confused. Be proactive not jealous :cool:




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  • mike_2000_la
    06-12 01:12 PM
    My attorney told me it should be 1.5 months after the receipt date. But with this unprecedented volume, who knows...


    I dont think there is the so caled "unprecedented volume"




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  • nk2006
    10-05 02:45 PM
    nk2006,
    please post contents of that yale article (your link is not working).

    Try this: http://www.yaledailynews.com/Article.aspx?ArticleID=33577
    That article is too big, so I avoided copying. I am pasting some sections that discuss about future course below (again the article maily talks about h1b visas and how the lack of number is affecting foreign fresh grads, giving example of Ivy Legue colleges like Yale and Harvard):

    Future of the H-1B program:

    The H-1B visa issue might be slow to change because it is tied up in the larger debate over immigration reform, Yale-Loehr said.

    "A lot of immigration issues are not being solved until the larger issues are solved," he said. "It's like anything in Congress - it takes a long time to pass a major bill that seems controversial."

    In the past year, both the House and the Senate passed immigration reform bills, which are still pending in Congress. But the two bodies approached the issue of immigration reform in very different ways.

    The House bill - passed last December - focused on the strengthening of border control, while the Senate bill - passed this past May - took a more comprehensive approach to immigration reform.

    If enacted, the Senate bill would increase the number of H-1B visas to 115,000 for one year and use "a market-based calculation" to determine the cap for each subsequent year. The bill would also increase the quota by 20 percent if the previous year's quota is reached and would exempt aliens with advanced degrees in science, technology, engineering or math from the H-1B limit.

    The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
    Schuck said he thinks the immigration debate is often more political than practical, and divisions do not necessarily fall along party lines.

    "Immigration has strange political alliances," he said. "I would guess that there are a number of Democrats as well as some restrictionist Republicans who have supported the restriction of these visas."

    The Bush administration has supported comprehensive immigration reform and increasing avenues for foreign workers to gain employment legally, according to CNN and the Washington Post, respectively.

    Alumni differed on how much the H-1B shortage affected their lives. Some students, like Konieczny, said not receiving H-1B status was highly disruptive to their lives and future plans. But others said that while changing their plans was inconvenient, not getting a visa this year will not affect them greatly in the long-term.

    "I am doing the same kind of job, just in a different office," Yue Zhou said.

    Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.

    "Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."

    Bicalho said students should be proactive and involved in the application process.

    "Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."



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  • ca_immigrant
    02-01 11:48 PM
    All the best asdcrajnet.. Both countries are equally good, we have lived in both.. so we know how to adjust..

    Few points that you may need to find out before you go..

    1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
    If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
    2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.

    Everything is good back home but there are few issues which I see are a problem,

    1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
    2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
    3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.

    For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.

    All the best in whatever decision you make. Everything is for good :)


    Is OCI an option ? I am actually a little confused as to what happened to the OCI option now a days ?
    My daughter is 5 and is a US citizen and we got an OCI for here in 2006.

    Now we have a son who is 5 months and looks like OCI is not an option anymore...and we will have to get a PIO...

    Also I think for the PIO route....you have to report to the police...only if you are above 18....

    On bribery...I know it was a big issue before...but I thought people are more scared to take bribes now a days due to the way there are hidden cameras everywhere...
    I magine taking ur iphone and trying to bribe a cop back home (while recording) .... -:)

    yes, I myself have bribed some idiot policemen , when I was still in India in 1999-2000.
    ek tho paise lethe hein aur upar se chilate bhi hein...they take moeny from you and also yell at you...(yes when you are quite younger they do not respect you and just take money from you for all weird reasons)
    ...I wish I had a iphone then which could record the @#%#$^%$^




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  • hindu_king
    05-08 05:36 PM
    Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.


    Subject: Discrimination of Indian Immigrants

    Dear President Obama,

    I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.

    One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.

    President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.

    Thank you President Obama and you are doing a wonderful job!

    Sincerely,
    Xxxxx xxxxx



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  • crystal
    07-07 10:10 PM
    If nothing works I want #3 :D . I lost 2000$ for this crap .:mad:




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  • franklin
    06-17 08:06 PM
    It would be great if we kept this thread for receipt issues only but..

    Please read the Ombudsmans 2007 report pgs 17-21. These are not real processing times.

    BTW, I can't believe there are *still* people on this forum who haven't read this report -- it spells out absolutely everything that is going on/wrong with all our greencards, and you can't be bothered to read it?? :cool:

    Yes sir - off to do my homework:D



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  • rcr_bulk
    09-10 10:32 AM
    I am pretty for EB3 folks. This is really not fare to those genuine guys (not substitute ones) waiting more than 7 years. I am know few friends applied with me in EB3 have lost green card hope. They are eligible for EB2 when applying but only reason that stopped them is their company don't want them to apply in EB2 category. Praying god is the only thing I can do for them..




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  • akhilmahajan
    02-09 12:12 PM
    Thanks a lot. Please ask your friends and family to also contribute.

    GO IV GO. TOGETHER WE CAN.



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  • hopeforgcfast
    08-20 10:19 AM
    We finally got the CPO email for my wife and I today morning.
    Had done all the follow-up like SRs, Infopass, Congressman inquiry. Not sure what worked.
    After 10 years, we are finally greened. I sincerely hope for everyone who is current to be greened in time.

    Some details:
    EB2, priority date Oct 22, 2005
    NSC
    FP done only once in 2007




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  • tiny
    11-19 01:14 PM
    Done



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  • pappu
    08-18 01:35 PM
    IV Core is Busy withdrawing money from the bank account.

    DO NOT post such baseless allegations.

    IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.




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  • diptam
    08-18 03:53 PM
    Hi SunnySurya,
    Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.

    The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??

    Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...

    Thanks and Good Luck !

    Just want to let you know that I am still VERY MUCH against porting. But neither that is the issue we are handling here nor the other issue is as urgent as this one.



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  • raghav0
    11-17 03:50 PM
    Done - Thanks!!




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  • EndlessWait
    04-29 04:54 PM
    bump



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  • googlegc
    08-26 12:44 AM
    Consulting Company, but does it make a difference? FYI, We attached my client's letter with the application.

    Is it for direct employee or consulting company?




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  • wandmaker
    08-18 08:12 AM
    My question is - has anobdy got their cards without getting the CPO e-mail - I have recd the approval notice on 11th in the mail - but I have yet to get the cards also I did not get the CPO e-mail:confused:

    I have received with a CPO email - Full sequence at http://immigrationvoice.org/forum/showthread.php?t=20706




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  • rangaswamy
    09-12 05:03 PM
    It seems that the delay was cause by the USCIS itself. It should have made known to applicants where to "correctly" send the application such as if your I-140 was approved in TSC, send your application to TSC. What happened was a lot of applicants sent their application to NSC, but was transferred to TSC. This cause a big delay in Receipting.

    My application was sent to the right Service Center. Therefore, I believe, this resulted to my Receipt Notices being received according to the USCIS Receipting Update.


    My lawyers sent all their applications to NSC, irrespective of where I 140 was processed. In reality i dont think there was any directive from USCIS askingthem not to do so.

    Anyway.. my application was also received by M Schweitzer on Augs 1st 9am.
    my I140 was cleared in Texas. So far nothing.

    Its good to hear July 31st people getting updates.. gives me reason to cheer!!

    A




    GCBy3000
    04-06 02:56 PM
    Well said eager_immi. Getting GC and getting job and earning is not the only thing in life. I have seen many many couple who are gc holders and citizens, giving up their career to bring up the kids for the first few years. This segment includes US citizens ( US Origin) too. Most the of the americans here have their spouse at home to take care of their kids first few years. It is not worth anybody's time and money to have a kid and put them in daycare from day one and go out and earn and pay half of it to daycare and the remaining half you are left with is not even come close to the amout of time you spent away with the new born who needs your warmth and does not have words to express. So the time spent with your new born for the first few years is priceless compared to the dollar you dream to earn at the cost of having child.

    Enough of above, even my wife is CPA and we are married for 5 years now. She came to US dreaming about working in professional CPA firm. But my ignorance about GC process then cost her her career. She was depressed initially. I am an easy go guy and convinced her not to worry much about job. We planned and now we have 3+ year girl and a 3 weeks+ boy. Her mind is all set towards taking care of our kids and I am free from those job hunting depressions. Once both of our kids reaches 5+, she may again start to think about career. May be by then, by Gods grace, I hope to have my GC. I bought a house this year and we all live happily knowing all the uncertanites of H1. We knew it is risk to buy a house. But ultimately what is going to happen. Is anyone going to behead you in case you default or loose job? What the heck, file bankruptcy and go back to home country. At least the days we live here, we live in peace and enjoy. If you have this mindset, you will think clearly and will take positive decisions. Otherwise, everyday is hell in US for immigrants with the current GC process.

    Getting GC and earning is not everything. It is only very very small part of life. Forget about it and live today's life with what you have. Worry about things which you can control. All other things will follow you automatically. Having kids is in your hand and you have to have this sooner or later. Always, sooner the better and you can use this retrogression as an opportunity to execute those projects instead of worrying over it. GOOD LUCK.

    Listen, everyone is frustrated but to take your lives for a GC is crazy. If you guys are so depressed please seek medical help. If you have kids they will be US citizens they can sponsor you 18 years later so why are you that frustrated. When your wife is on H4 that is the best time to have kids because she is at home and you don't have to pay daycare. It is the woman in H1B that my sympathies are with bc they cannot go part-time or get more that 6 week maternity leave. So please buckle up or seek help, I don’t think your logic makes sense.




    delhiguy79
    08-01 11:11 PM
    Guys,

    If we r landing by road and as we dont have address and we give our friends address, right?

    So do we have to give address as

    My Name
    C/o; Friend's name
    Friend's address

    Or we just give

    Friend's Name
    Friend's address


    Please anyone can throw some light on the issue.

    Thanks in advance.



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