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  • gc28262
    04-11 09:03 PM
    Thanks for your reply. I appreciate your question. Let me explain you in details.
    I am not sure about Mexican illegals but I can tell about Indian.

    Normally person come here illegally alone. Very few people are coming here with spouse. it is absolutely sure that their kids are at backhome with other family members. Many illegal people have used 245(i) and all have priority date before April 2001 as before 2001 they should have to file labor. Fraudulent practice was prevailed in the small business community. They used to file labor certificate in dummy name and once it approve, they are selling to others (labor substitution was legal at that time). Most of 245(i) cases have purchased labor with big $$$. All the 245(i) were approved from 2002 to now. Their case is counting in EB3 category. Once persons case is approved, he will file I 824 (Follow to join family members) for wife and/or kids who are waiting in India. Once I 824 approve, case is transferred to respective CP at back home. It is slow process and take any where from 1 year to 4 to 5 years in some cases. This cases are consuming EB3 quota. We don't know how many cases are in pipeline. But I know few people whose GC was approved under 245(i) and their kids are waiting at Back home. This is the reason why EB3 India is struck around 2001 for many years. If still lot of 245(i) derivative cases are in pipeline, it can retrogress back to April 2001.

    I am highlighting truth so that we should not make any mistake in next CIR (same channel and resources for EB legals and 13 millions illegal). if history repeat for CIR, it may not hurt all legal EB community who are reading this post today but future generation EB legal have big blow.

    My dear friend Ron Hira is calling me racist !! I always laughing for his immaturity (In fact, I ignore his post). Insisting for following rule is racist. Opposing people who kept EB legal provisions hostages since 2005 is racist??? people in this forum are much smart who is talking what !!!

    I remember Mahatma Ganghi's quotes:

    " I can wait 100 years for freedom but don't want it through violent route"
    khodalmd,

    Thanks for the clarification. I think you are right in terms of "follow to join" 245(i) cases. EB3-I may not be out of 245(i) bump yet.

    Here is a USCIS memo regarding 245(i)

    http://www.uscis.gov/files/pressrelease/245i.pdf

    Relevant portion:

    "Many aliens with pending, grandfathered petitions or labor certification applications will marry or have children after the qualifying petition or application was filed but before adjustment of status. These "after-acquired" children and spouses are allowed to adjust under 245(i) as long as they acquire the status of a spouse or child before the principal alien ultimately adjusts status."

    On another note, wouldn't the spouses/children of 245(i) applicants be eligible for "follow to join" applications when the primary applicant's application is still pending ? Why would they wait till the approval of primary's AOS application ?





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  • myvoice23
    08-07 12:03 PM
    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On August 7, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    PD: July 2004
    RD: July 3rd 2007
    ND: Sept 12th 2007
    I-140 Approved May 2007
    Service Center: NSC
    Name check: Pending (when I had infopass a week ago)

    Thanks guys. I wish every one good luck, and I am going to contribute my advise, and suggestions.

    I opended SR 3 weeks ago, On Monday I used POJ method to talk to IO. She said, my case has been assigned to officer. Today got this status updated.





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  • sanju
    11-12 08:38 PM
    The above post is senseless !! who cares who votes for whom and who does what ?? what democrats do and what republicans do is not in our hands - nor do we decide who comes in power. our aim should be to try and come up with a plan and act on it. whether it succeeds or not is not in our hands ...doing something is better than nothing. so if u have a better plan come up with it and we will support and act on it.

    "Who cares who votes for whom and who does what?"

    My Dear Friend AlbertPinto,

    Things don't move in vacuum. How people vote has everything to do with how lawmakers vote and how lawmakers vote has everything to do with what bills pass. You just want the bill so that you can get green card, end of story. And anything other than that is "who cares".

    Look, without making and attempt to understand how things work in DC/Congress, sending flowers and cards to Obama, don't expect things to change. Tunnel vision is very dangerous, just like half knowledge.

    Although we do not control who comes into power, if we wish to have our issues addressed, we have the responsibility to understand why/how someone or some party won the elections. Please stop behaving like and IT project manager where someone will come up with a silver bullet solution/plan and then implementation of that one silver bullet will fix everything. Getting bills passed in congress is not an IT project. I think the plan has been laid by the core team. I understand that core team has repeatedly told us to get more actively involved, raise money to help with advocacy and create awareness of the issue. Posting few messages on the web forum is not the measure of how involved someone is. But it appears most people on this forum do not want to do what the core seems to be telling us. We just want to come up with an way way out, a silver bullet solution, well defined project plan, and at the end of time and money, we must see the desired result. Maybe that's why some of the folks keep asking for the "plan". And discussion about who won the election and how people/lawmakers vote is seen as out of place and unnecessary.



    .





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  • sweet_jungle
    02-20 12:59 AM
    How come these people do not get caught during H-1 approval process or during visa stamping at consulate or maybe later during GC process?

    [QUOTE=chanduv23]Thats a new trend. They go to colleges and meet a group of Indian students who are about to graduate and take them out of drinks and dinner and give a presentation about their company. Then when these students come into OPT status, they are all given food + guest house accomodation. Then they are put under intense training for 2 to 3 months and made to do some mockup projects. Then their resumes are massaged with 4 to 5 years of experience ie experience from date they graduated in the under graduation and their MS education is stripped off on their resumes.



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  • msyedy
    06-13 01:23 PM
    Senthil1, Pineapple

    Please let us not sound harsh and have a bipartisan :D discussion. It is just my statement I do not disagree with neither of you.

    Rule 2
    You mean Microsoft and Google and other companies want to stop outsourcing. They would not have build a huge team in india if they wanted to do this. The point that you are missing is that they need H1-Bs here because no american born is availabe here to fill those positions.

    Read my statement thoroughly.
    Big consulting companies(Bearing point....my list will go on) that are plenty in the US who hire and fire H1-B and american born if they cannot find another client for them after few days.

    What will happen to these companies .. they have to shut down

    Rule 2 will be a disaster for all these companies.
    These companies do not go to india to get H1-B's they get them when they come here brought by india Desi companies.

    It will be a mess. You might be talking about one company that will never displace and american and will garauntee an employee that he will never be fired once hired : Give me a break.

    What exactly is your point Senthil?
    If by reiterating (over and over) the "evilness" of "desi" companies insofar as impacting American workers is concerned and justifying absurdly and obviously restrictionist bills on the fond hope that it would have minimal impact on the "good" American companies who hire H1s in the exception, you wish to make it clear that you are an employee of the latter set of companies, you have certainly made your point, and do not need 364 posts to hammer it it.
    Ladies and gentlemen, Senthil is a genuine, bona fide high skilled person working for an honest American company which has high ethical standards, and is not, repeat, NOT displacing any son of the soil American.
    There - you can relax now.





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  • amitjoey
    11-11 01:49 PM
    YES! We can, we should go to court. But time and again, IV Core (I am not one) has evaluated individual issues and told us that we dont have a strong enough case to justify the money involved. If and only IF we have a strong case, we can get media attention, we should spend the money. Otherwise the money is well spent lobbying. We are talking 50k and more.

    Do you know how effort intensive taking USCIS to court is. We are talking about complete dedication of our time and resources. We are talking about 10-15 committed IV members spending a minimum of 15 hours every week researching, doing paper work with the lawyers. Also, we would need volunteers to come forward give interviews, appear in court (if need be), travel and stay out of home.

    We have trouble getting members go to their local lawmakers office to petition and lobby. Should we not first prove to IV Core that we can come up with 15 committed members and atleast $10k.

    I do not want to discourage anyone in going this route, infact I want us to sue USCIS, BUT before we do that we should all first go and meet our lawmakers. Get some attention to the issue, maybe we submit this letter to their offices while we are there.



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  • pappu
    07-03 06:01 PM
    If anyone has any questions we will be happy to talk to them.





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  • NKR
    03-17 10:50 AM
    Before retrogression started in "October 2005 Bulletin, Nov 2005 effective", there are quite a few people who applied for I-485 and had PD upto sept 2004. Those cases are approved. I know couple of cases myself.

    I think I was current then and I missed out on that date since I was stuck in backlog elimination centre. you could be right.



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  • leoindiano
    03-17 09:59 AM
    Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).

    Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.

    That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.

    Below are 3 categories left in 2004 as per my analysis....

    1) the applications filed in or after july 2007 OR
    2) applications had a PD after sept 2004
    3) Namecheck delayed cases.





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  • Lasantha
    03-07 10:26 AM
    Is it true that in some cases after you file for AC21, CIS would send a RFE for the financial details of the new company (to stablish that the new company can pay you - company tax details).

    I think I heard this on the last IV attorney conference call with Attorney Prashanti. So if that's is true, what if the company does not want to send this kind of confidential information to a third party attorney (your attorney)?

    Or if the company is a big one they may not want to help you with these details at all. You know, they may not want to be bothered with that sort of hassle.

    Have any of you heard of a case where CIS asked for ability to pay supporting information for AC21?



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  • Hermione
    09-26 10:44 AM
    [QUOTE=BharatPremi;173398]Hermione,

    How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.[QUOTE]

    Yeah, and everyone is out there to get you.

    Honestly, I think it is a waste of time to try to educate Americans what is what in immigration system. We need to push for our issues by proving why it is a good thing for the country, and not get caught up in this vs that. OK, so you convince the editor that the rally was not about H1Bs. All he will do is wack the sentence about the rally out of the article, because now it does not refer to the topic of the article, which is about H1 visas. Would that be an achievement? Hardly.





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  • pmb76
    07-13 12:00 AM
    People, I think it is best we not doubt the intentions of anybody willing to speak on our behalf. It is a critical hour and we will take all the help we need. Murthy could've just not sent the letter and kept quiet. What would you say to that ? What do you say to other lawyers who have not even done this simple thing of writing a letter to Chertoff ?
    Atleast she's not trying to add millions of hits to her website by writing sensational news every hour, unlike some other lawyers :)
    I think she deserves a "Thank you" for this nice gesture.

    Full Disclosure : My lawyer is not Murthy. I have spoken with her once long time ago and decided not to go with her for other reasons.



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  • nojoke
    10-20 01:36 AM
    nojoke dont get emotional. we have no bone to pick with either obama or mcccain. We are talking about who is better for eb immigrants, so either you talk about what obama can offer or has offered to eb immigrants, unfortunately you cannot because obama is anti eb immigrants, so you are spewing the democratic talking points here and changing the topic. This is not a political site please dont bring politics here and concentrate on eb policies of the candidates.

    Do you all ever wonder why 1996 to 2000 was great and the economy never went to quite the 2000 levels? It is because of useless wars and getting the job shipped to other countries. That is the republican agenda. If you think you will have a better chance of green card under Republican rule, you are sadly mistaken. The economy will continue to go down, while there will be another Iran war to turn the attention from problems with economy. We need someone who can think clear and be steady. It doesn't matter if the republicans have pro immigration stance or not. The economy is going to dictate if companies are going to keep us employed here. You need to see the bigger picture.
    Moreover it is during the democratic president that immigration got relaxed. At one point the H1 quota was raised to 200 thousand. It takes 8 or more years to get green card under republican rule. It wasn't the case during clinton years. Before you say that it is the house/senate that decides immigration policies, republican had control from 2000 to 2006. What has been done that has our chances improved?
    If the topic posted is political, then the discussion is bound to get political.





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  • paulinasmith
    08-08 08:50 AM
    If you are just another desk jockey, your company made a big mistake sponsoring your H1. H1 visa is only given to people in high demand with special skills where company cannot find a US citizen. Greencard is sponsored by a company when company proves that no USA citizen is available to do your job despite lot of advertising for many months. It is company wanting to keep you permanent instead of just 6 years and not you demanding to be permanent. This is Employment based Green card where employer sponsors you. You do not sponsor yourself unless you are extraordinary in EB1 and world's best. Why can't people get over this and stop demanding greencard as their right. Greencard is a benefit you get for having specialized skills that are in high demand in the job you do. If you think you are unique and no American can replace you after giving ads for several months, what is stopping you from finding another company and challenging them to try advertising for few months for your position. If they find someone, you will happily quit the job and vacate for the American citizen. And if they do not find someone, then they should sponsor you for Greencard. Do you have such courage to talk to HR or CEO of your company?

    I agree that there is no direct route or path defined between H1B and green card. In my opinion one have to concentrate on making maximum money USD$.USD$ is the only thing thing country have left remaining with.There are other secure economies where you can invest maximum USD$ (from here) and get better return (better interest rates). Chasing American Dream should be now over after living in the dark harsh realities of US.Many indians are putting their savings in India...



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  • kavita
    12-11 04:13 PM
    If US does not benefit from giving the visas, are they doing it as a part of social service?
    All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. !





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  • pd_recapturing
    01-17 10:30 AM
    I read your story (every line and every word) and portray my self in that but few small changes.

    Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...

    but I would certainly pray for you to get a job ASAP. I know the pain.
    I thought, Slumdog was able to save his job !!



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  • anurakt
    01-17 03:11 PM
    Sent PM... and FYI... I am not a non-contributor as well


    I have sent you a PM , please call me ....





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  • user1205
    08-17 05:52 PM
    I have the same frustration ... rules that are so vague and that USCIS doesn't even follow ... and I got all worked up about it when the predictions for the October bulletin came.
    But then I told myself I have no control over this and the only thing it does it's ruining my days which makes it a lose - lose situation for me.

    And before someone tells me that I have the power to change things by joining IV efforts, I'll tell you that I already did that.


    [QUOTE=cessua;149683]I don't get it.
    How can:
    VB-April07 EB3-ROW PD be Aug-02
    VB-MAy07 EB3-ROW PD be Aug-03
    VB-June07 EB3-ROW PD be June-05

    ..and then:

    VB-Sept-07 EB3-ROW PD be Aug-02





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  • thadipalam
    11-19 10:40 PM
    Hi lwpd,

    Is this true?
    "If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you "

    Thanks
    -JB

    You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.

    abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )

    I wish you all the best with your life.

    lwpd





    javadeveloper
    05-15 10:11 AM
    jD, I dont think desi unversities went online yet..but if you are here, why dont you think of doing an American or European MBA? ;)

    all the schools I mentioned above went online

    Reasons for exploring

    1.Cheaper(for SCDL fee is $1600 for 2 years)
    2.They are reasonably recognized at least in India , As I have intentions to settle in india
    3.Easy to get admission(at least in SCDL)





    seeker999
    08-11 03:11 PM
    Based on the members in competeamerica . I honestly believe they will give a damn about GC. Simple reason is they will loose their reigns on us.

    More practical is someone in IV EB3 talk to some lobbyist or politcians and figureout how to push this. Especially the ones in DC.



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