Tuesday, June 28, 2011

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  • pvpb
    10-01 10:08 AM
    My friend filed on July 2nd to NSc..she called the level 2 support and they said that her information is still nto in the system and that they are busy with lot of applications and asked her not to worry...

    I applied on August 2nd and still nothing....

    Donno how long we need to wait for?


    Venkat




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  • Janisaris
    09-11 02:51 PM
    This is really good news. Since I have not received any receipts I am hoping that my application got transfered to CSC. Filed on July 19th. Anyone got receipts from CSC during 17th, 18th or 19th




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  • chi_shark
    07-10 11:28 AM
    so this case has some merrit, however, the very core of this case is based on the employment being annually renewable. which means that the petitioner had to take periodic active action to be employed with the university employer... thats where the argument broke down for the petitioner... further, it is VERY GOOD to know that USCIS actually made an attempt to consider this emloyment for I-140 approval. it is good to know that they deliberated and then decided to reject instead of summarily rejecting on prima facie facts. one more very good thing to know (and avoid for ourselves) is that the petitioner in this case represented himself (no lawyer). its possible that if there was a laywer involved, they could have brought up some more documentation or at least shown the light to the university's staff as far as requirements are concerned. further still: no talk was engaged into as far as ability to pay is concerned. FURTHER FURTHER still: this case is about I-140... and we are all talking primarily about I-485 and AC21 cases within....

    looks like this case actually tells me that maybe we could do self-employment easily...

    Link to EB-1 case where I-140 was denied because job offered was not "permanent".

    Link
    http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf

    As per this document
    .




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  • caydee
    07-09 11:16 AM
    A news article from San Jose Mercury News...........

    http://www.mercurynews.com/news/ci_6331029?nclick_check=1

    (apologies for posting this here. I couldnt find the link to News Article Thread - 3. Moderators please move this to the right thread)

    IMMIGRATION REFORM'S COLLAPSE GETS FIRMS LOOKING ABROAD
    By Frank Davies
    MediaNews Washington Bureau
    Article Launched: 07/09/2007 01:29:41 AM PDT

    WASHINGTON - Reeling from the collapse of a massive immigration bill, major tech firms plan to press for more visas and green cards for foreign workers - one element of the failed legislation - but admit they face political resistance and an uncertain future.

    "We face a serious problem this year, Congress knows that, and we just have to keep pushing," said Robert Hoffman, an Oracle lobbyist. He said restrictive caps on H-1B and L visas for skilled workers and the long waiting time for green cards for some were limiting companies' growth and sending some jobs overseas.

    But Ralph Hellmann, who lobbied on the Senate bill for the Information Technology Industry trade group, sounded an upbeat note. He said a separate measure increasing visas and green cards "is probably a better product now that we don't have to ride on a compre hensive bill."

    Hoffman, who co-chairs Compete America, a coalition of businesses seeking immigration reform, said he hopes to meet with key congressional leaders on the issue, including Sen. Ted Kennedy, D-Mass., sponsor of the failed Senate bill, and Rep. Zoe Lofgren, the San Jose Democrat who chairs the immigration subcommittee in the House.

    "We'll have to see what's in the realm of the doable, whether it's long-term or a stop-gap," Hoffman said.

    Lofgren sounded a note of caution Friday, saying progress on any component of the comprehensive bill may be difficult.

    "We're in an assessment phase right now, and I don't know what can proceed - that's up to a very diverse group of people in the House and Senate," she said. Other provisions of the failed immigration bill have champions who now see an opening for separate legislation.

    Taking separate action

    Sen. Dianne Feinstein, a California Democrat, said the shortage in farm labor is a crisis that means her "ag jobs" proposal for more foreign workers "should be moved before any other immigration-related legislation."

    She said she will work with Sen. Larry Craig, R-Idaho, a co-sponsor, and industry and farmworker groups to push soon for that bill.

    Lofgren said "there's a compelling case for the Dream Act," another part of the comprehensive bill that would allow some children of illegal immigrants to achieve legal status and make it easier to enter college or the military.

    Several South Bay students last week launched a fast to show their support for the Dream Act, and they demonstrated Tuesday in front of Lofgren's San Jose office.

    Immigration hard-liners who oppose any legalization process for undocumented workers said the failure of the Senate bill shows the need to improve border security and workplace enforcement.

    Rep. Brian Bilbray, a San Diego Republican who chairs the House Immigration Reform Caucus, said a congressional consensus exists to pursue those goals this year.

    Workforce in jeopardy

    Meanwhile, thousands of highly skilled visa-holders who filed paperwork last month for green cards had a more immediate problem this week. Because of a dispute between the State Department and Immigration Services, and a huge backlog of applications, they were told no more green cards are available this year.

    Large employers, including some in the tech sector, were told this year by the Bush administration to help pass the overall bill to secure some of their key goals. Those include almost doubling the number of H-1B visas to 115,000 a year, exempting 40,000 people with higher degrees from any restrictions, and speeding up the employer-based green card system for workers already here.

    With the demise of the bill and uncertainty over future immigration, some California companies may shift operations to other countries, Lofgren said. Microsoft announced plans Thursday to open a software development center in Vancouver, British Columbia, which would "allow the company to recruit and retain highly skilled people affected by the immigration issues in the U.S."

    In 2006, Microsoft secured 3,117 H-1B visas for its workers - the third-highest total - according to the Department of Homeland Security.

    Lou Gellos, a Microsoft spokesman, said immigration uncertainty was "an issue, but not the defining reason" for opening the Canada center.

    Criticism has also mounted over abuses and fraud in the H-1B visa system.

    Sen. Dick Durbin, D-Ill., citing government surveys, said that "job shops" and other brokers were misusing the system to bypass U.S. workers, bring in foreign workers for substandard wages, and outsource some jobs.

    "Our immigration policy should seek to complement our U.S. workforce, not replace it," Durbin said last month during the Senate debate.

    System left in limbo

    After behind-the-scenes negotiations, tech companies acceded to some of the proposals from Durbin and Sen. Charles Grassley, R-Iowa, to improve oversight and enforcement of the H-1B program by the Department of Labor. All companies would have to pledge to seek U.S. workers first for openings, and if an employer's visa-holders who are paid entry-level wages exceeded 30 percent of its workforce, a Labor Department audit would be automatic.

    That agreement is now in limbo. If a serious push for an increase in visas makes progress, Durbin would want to include his proposals, an aide said.

    Hoffman said tech representatives would agree to more enforcement "that is not punitive."

    Lofgren, who represents tech executives and workers, said she could support "reforms and changes" in the visa system.

    "It needs a good review - I've never thought that just increasing the numbers was in the cards," she said.


    Contact Frank Davies at fdavies@mercurynews.com or (202) 662-8921.



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  • h1-b forever
    08-31 09:35 AM
    My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.

    Congratulations mnkaushik?

    How many such cases are with uscis? And what happens to the one you filed for yourself?




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  • chanduv23
    07-08 11:23 AM
    I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.



    Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.



    This is really a very unfortunate situation.

    The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.

    Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.

    On the practical side, vast majority of employer have no issues with such EVL letters.

    Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.



    It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.

    There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.

    I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.

    ---------------
    Life is not fair; get used to it. - Bill Gates

    Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates


    .

    Your perspectives go well beyond what an average immigrant thinks about the whole EB system.

    I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.

    In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.

    I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.

    A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.

    I am not blaming an employee or employer for this but this entire EB based system is set up in that way.



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  • sk2006
    09-03 06:51 PM
    sk2006,

    Can you provide more details about you PD, RD, ND, category and did you see any soft LUDs before you received your cards in the mail?

    Srini.


    PD August 2004 EB2 India.
    RD 7/24/2007 Nebraska
    ND 8/21/2007 Nebraska.

    Soft LUD on approved 140 on July 28 2008.

    Approved Aug 19. Got welcome & cpo mails on same day. rcvd welcome notice on 25th, Got Cards on 27th.




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  • satish_hello
    09-08 02:08 PM
    I Just checked all my checks are encashed for me and my wife.

    It shows my check WAC. i don't know what service center this is from.everyone will get it soon.It is on the way

    Regards
    -satish
    ----------------------------------------------
    EB2/PD-Sept'2004/I-140 approved @NSC
    I-485 - Delivered july6th at NSC
    CheckCashed-?
    RD - ?
    ND-?
    AD -?
    Edit/Delete Message



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




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  • bskrishna
    09-15 12:08 PM
    I have sent my contacts ..



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  • prom2
    09-08 04:43 PM
    Hello All,

    Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.

    My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.

    Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?

    Thanks and good luck to all.

    No, I-485 and EAD have different receipt numbers and each case status is different.

    Good luck !




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  • andycool
    08-24 05:58 PM
    Got the CPO email at 11 PST today (8/24) !!!

    Priority Date: Feb 12, 2006
    EB2 India, NSC

    I opened an SR on 8/9 but I haven't received any response to it. I didn't do anything else.

    A huge Thanks to IV and everyone here - you kept the hopes up.
    I'll contribute more as soon as I get my head out of the clouds :)

    Thanks and Good luck!

    Got CPO today..
    Priority Date: Feb 21, 2006
    EB2 India, NSC

    Thanks every one



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  • amitjoey
    07-05 03:04 PM
    We will each individually send flowers to Emilio Gonzalez to be delivered July 10th. There is a suggestion to use a paypal account where we contribute money. However no one has come forward to take over the account so far.


    The theme of the note attached to the flowers should be Sympathy or Get well.

    Preferred Message(Sympathy): All the best for future Employment Based visa estimates

    I do like the "Get Well: Hope USCIS recovers from its insanity" message as well

    July 07th - Last day to mail flowers (I doubt if they can deliver on Tuesday if we order on Monday)
    July 08th - Draft the letter to be mailed to media.
    July 09th - Finalize the letter and mass mail it to every media email addresses we have.
    July 10th - hope the media take the bait!



    Great!! People are already talking about the flowers to USCIS. By the way, there are flower websites, with same day delivery.




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  • arsh007
    12-16 01:35 PM
    also focus on the positives ..for eg I am happy that because of these delays I didnt run and buy a house in usa (which is one of the worst investments that a person can make).

    Just like to correct you here my friend - Its incorrect to suggest that a house is a bad investment in the US. On the other hand, why treat it as an investment like so many foolish real estate speculators out there. Think of it as a place to live and be part of the American Dream. If not for this dream, many of us would have packed up and gone home back to our own countries.



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  • raj2007
    04-21 03:34 PM
    I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
    I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
    I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
    Plz give me ur valuable inputs

    Can you get the copy of non-compete agreement from other coworker?
    You should have copy of any agreement or any paper you sign with employer.




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  • psk79
    09-12 02:48 PM
    I am in exactly same boat, with no idea about my pending application.
    Absolutely hate this feeling.

    Don't worry! It will soon be up. Its just where your app is located in the stack of stuff.. I worried so much until a couple of days when the checks are cashed..however no receipts yet...its just crazy..some spouses got EADs while principal applicants status is still pending...



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  • Hopeful567
    02-14 01:56 PM
    Contributed $ 50 for Advocacy Day in DC. Will contribute another 100 $ in March


    Transaction Details


    --------------------------------------------------------------------------------



    Charge From Credit Card (Unique Transaction ID # 17L53889GG005330S)




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  • walking_dude
    10-08 02:42 PM
    Have you been hit on the head by a hammer? I see a future Ron Hira in you.

    GC was, is and will be a game of Inky-Pinky-Ponky with or without retrogression. There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.


    ..... I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky.....




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  • BharatPremi
    11-08 11:47 AM
    Thanks SIRINEME for Sharing your experiance.
    Quick Question though,
    What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.

    Thanks,


    In my opinion, This Job code/description related facts ONLY relates to immigration related paper work. In real life , practically one may be handling the load of directing or managing people though for immigration pupose s/he may just be a software engineer or programmer. But in this kind of scenario one has to be extra cautious to have "Software Engineer or programmer" on offer letter till s/he gets done with immigration. Now some companies may prefer to go by book then one may not have a lot of levarage or choice other than performing the things what offer letter says.. And in that case one should not accept the oppertunity of higher skill and/or function inspite of its lucrativeness as to conclude immigration successfully.




    summerof98
    06-07 09:45 AM
    It depends on where ur I140 approval came from. What I mean by lag is they receive the application on 1st jun, they are working on assigning the lin # after 6 days. If they were at the same pace they should start working on the new I485 recived on Jun 1st today.

    reddymjm,
    I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.

    If anyone else has had a similar experience, please post your update here.

    Thanks.




    tonyHK12
    02-19 01:33 PM
    Your transaction ID for this payment is: 3MV80945BW982313X.

    Thank you.
    Members please reach out to other organizations, lawyers and your company to support us in this cause. I am in touch with a lawyer and will post it here, if they agree to support us.
    This is an individual effort needed from everyone. More so if you are not participating in any way.



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