Wednesday, 26 October 2011

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    vejella
    07-11 01:14 PM
    They either have to reject the application or provide the receipt notice. Cannot hold the applications without any actions for long time.


    This can reduce the impacted percentage to people from Retrogressed Country /Category ...

    May be some thing we can ponder on ....





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    sledge_hammer
    01-31 09:46 AM
    - from immigration-law.com

    After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
    The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.


    1. I was wondering how this rule would affect people like me. My labor has been approved and its been about 50 days. I will be applying for I-140 this week. Will this 45-day rule affect me?

    2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.





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    like_watching_paint_dry
    12-09 11:13 AM
    I read about your intense desire for GC and was thinking to myself... is GC something that someone has to be so very obsessed about? But after reading about your ordeal on this thread, I am starting to see why this is such a joyful time you in you life. Congrats!!! And I wish you all the best ... hope you will get to taste the better fruits of life now after having gone through so much crap.

    This is a standing testimonial of the kind of negative impact this broken, fu**ed up immigration system brings to the life of individuals. Core IV team, I think we should package this person's story and use it as an example of how bad things can get in this system and publicize this incident. Maybe mail his story to all the incoming senators and house reps and make them see the kind of shit every single person undergoes in this system. This almost makes Abu Gharib prison system look like a Christmas fete ... atleast they KNOW the kind of crap they will have to endure each day. With the US immigration system, you never know what they will hit you with next.

    LWPD





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    GCBy3000
    11-16 09:33 AM
    I appreciate your enthusiasm. IV has directed all its members in the past to do what and when? They have also established a webfax mechanism and also asked IV members to contact the senators / congressmen. They have gone into the level of seperating statewise members and asking only certain state members to contact.

    Once again I appreciate your thoughts. But the members should follow one direction and it should come from core IV. Do not do certain things without the consent from IV as it may back fire.

    NOTE: What do you mean by contact woman? :D

    Man/Woman, I see so much energy here or could be just shouting. It would be in the best interest to use the energy to contact respective congressman/woman/senator of their area, ask them / request them to bring/pass legislation like SKIL and PACE. Tell them why this bill is needed. Tell them your problem. If everyone of us call congressman and woman and follow up with them on the progress that would be great. Am I doing it? Yep..Not joking IV members are involved.

    IV guys can you develop questionnaire which we should ask the operator. What I did is I asked to operator to connect me someone who can help me in bringing immigration legislation. That is how I approached the operator. IV associates what I am getting at is how should people reach right person? As IV people have interacted with many senator office they have better idea what are different staffer there and how they are addressed, and how to reach them.

    Let me know what are people thought? I think instead of wasting time, lets get to work. Help yourself by calling senator/congressman/woman. And this is oppurtune time.



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    caliguy
    10-28 06:54 PM
    @ vikki76

    Where is your case? I am sorry if you have already mentioned it before. If its TSC, please send me a message and I will give you the name of the officer. Please try to call around 4 PM tomrrow.

    For all those who have sent me pvt. messages, I will mail you a copy of the letter I sent out to Secretary Napolatino and first lady in the evening today.

    wow!!!..just amazing. But irony is that while your case was pending, nobody informed you that why case was sitting on the shelf.
    Never mind- sometimes, no activity is actually good. I am seeing repeated LUD's on my approved 140 and now wondering what is going on.





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    InTheMoment
    05-07 09:13 PM
    And...can you please tell where you got this translation and what verse are you referring to ?!!!


    I totally understand the emotional point of someone being want to be a Indian Citizen but I have to stress there is no other country in the world like U.S.A. This is the country where every human being is treated with utmost respect (don't try to show me exceptions - U.S. is a country where most of things are close to being perfect imaginatively), have freedom to say anything they want without getting intimidated and U.S is a country I believe will be the last bastion for humanity when terrosists/fundamentalists spread their tentancles and take over the world by force or other means (if not now probabbly in the next 100-150 years). Hypocrisy is relatively less. We Indians live in a dream world nurtured by the Indian politicians, who try to inject doses of patriotic non-sense into the masses while they themselves stove away million of dollars in Swiss banks. 70% of Indian population lives below poverty line and the educated masses of India think that their country will become a super power by 2020. Politicians like Mayawati play caste politics and dream of taking the top most post while our liberal media, without a wee-bit of shame, extends its highest support for them. Corruption is part of our daily life and we are part of the everyday corruption but we still find no fault in our society. Our population growth is beyond control while not a single politician is concerned about the stress it is going to create on our natural resources in the future. Our education system is in shambles but our great politicians fight for increasing the reservation system to different castes just for the sake of garnering more votes. And the list goes on. Alas???God help India.

    FYI: I am a Indian and haven't even started my greencard process, for the same emotional reasons you mentioned, intending to R2I soon. Given a choice and circumstances, I would have opted for U.S.C as "I have no hope for this world neither do I wish for it" - quoting Bhagawan Krishna from Bhagavad Gita.



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    mallu
    12-04 10:47 PM
    Here is the link to Cao v. Upchurch ruling.
    http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf.





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    Sunx_2004
    04-18 04:46 PM
    that is the only way out for EB3s

    Way to go JimyTomy.

    For all well qualified EB-3 folks it is a good and legal way of getting out of this EB-3 India mess.



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    Steven_jd
    06-12 11:15 AM
    because I'm a green lover here's a greenish from me (-:


    thats looks nice dude as we say in the other world (star wars)

    may we part in peace
    and may the forum be with you

    nice post lol





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    JazzByTheBay
    12-13 04:21 PM
    <Deleted Deleted Deleted>

    Sorry for the extra bit of sarcasm here, but I seriously expect us to raise a million $ for our efforts from the 25,000 members (or at least raise our targets significantly... ), and get some more ideas on resolving some of the communication and logistics issues - so any ideas that help us towards such a goal are welcome.

    jazz

    I agree. I feel that the only thing that would be acheived if IV became a paid website is loss of membership. Then our PR documents will start with "IV is an organization of 200 members who are affected by ... "

    Human nature is such that a few lead and others follow. We should recognize this and move on.



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    santb1975
    02-01 02:08 PM
    I am planning on sending some question so the Hillary Clinton Townhall. I will check in with the experts before I send them in

    Employment based immigration is a very small part of legal immigration.

    Here is a break down of legal immigration #s for 2006 according to Yearbook of Immigration Statistics, published by Department of Homeland Security's (DHS) Office of Immigration Statistics (OIS) (available at Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007).

    1,266,264 immigrants were granted legal residence in 2006.

    159,081 immigrants who received green cards through sponsorship from their US employers accounted for 12.6% of all legal permanent residents.

    However, 87,702 (or 55.1%) of the employment-sponsored immigrants were spouses and children of principal applicants.

    The share of employment-preference immigrants has varied between 3.3 percent (59,525) in 1991 and 22 percent (246,878) in 2005.

    The other categories are family preference (802,712), refugee + asylee (216,454), Immigration Reform and Control Act (IRCA) of 1986 + parolees (43,546) and Diversity Lottery (44,471).

    Employment based immigration is legal. However, it may help to add legal to the title.

    Employment based immigration is skilled. I think employment based immigration includes cooks, priests, .... They consider themselves to be skilled just like everyone else!

    If you just ask for improving legal immigration, they will improve family based or asylum.

    As some persons learnt yesterday, legal immigration has very low priority as compared to undocumented. Similarly, employment based immigration has no priority in legal immigration!





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    misanthrope
    10-05 12:45 PM
    Ok, someone left a red saying "So you mean finding a loophole in the law makes you superior, even though you lie about your intention at your F1 stamping?".

    NONE of these statements are true. I NEVER made a statement about superiority or abasing any category. My posts are directed towards individuals, I couldn't care any less about their categories.

    Go read all my posts and do post here your deductions. I expect them to be logical, please.



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    PrinceVA
    03-30 08:39 PM
    Alex,
    good to see you going to homeground but hate to see you go at this stage though.

    We have many helpers here on this forum. I still suggest you to find another H1B holder, start h1b transfer and it will take 2-3 months to get the approval or denial, you have some time to find a job here. At least make money that you have spent for getting H1B.
    If you work here for 6 months, you will at least get what you have paid.

    I know you have made up your mind strongly, but just asking you to think over it again.

    And if you decide to stay back and try for 2-3 months, Please let me know. I will share your email id with all recruiters and see how it goes. I will try my best, and sure there are many other helping hands here.

    And as far as your employer matters, I say SCREW that B***, M***F***. Many of us, including me, do want to do but unable to do that either because we are at some stage of GC or some financial reason or frankly saying.. are little coward to go through that process and investigation. Only way I see is help one another.

    I ask you to think over again and ping me if you decide to stay back and try before calling it off. Nope, you are not a looser, not the one afraid to fight, but this is frustating process and this is how it works here. Some good people come together, form IV like non-profit organization and fight for us but still number is very low and people like me come on this forum when in trouble (And then stays here for long :) and believe me IV has helped a lot.
    Not only fighting for GC cause but also to boost your morale, make you confident and provide with all the good advise that they have learnt from experience.

    What ever will be your next step buddy, All the BEST and there is a bright, very bright future awaiting you.

    Prince.../

    @bugs
    Yes i do have the entire H1B application in originals with LCA and offer letter from employer

    @HRPRO
    Yes friend i have decided to go back , and i am not looking anymore i will rather have this energy saved for myself finding jobs in my homeground again

    However does anyone have the first hand experience of reporting to DOL, please share your experience too with the kind of paperwork that should aid your application.





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    va_labor2002
    07-28 01:36 PM
    What other investment options are available for a GC waiting H1B person.
    Can we start a company ? Is it legal ? Can we start a Online web based company ?

    Any advices from Gurus !!

    I agree house prices are falling across US, if one wants to make a quick buck, house may not be the best option. If the prices and interest rate swing, u will loose big time. It is a nice coffee talk however.

    Take for example my friend pays 40 K mortgage per year, and the house price depreciated by 60 K here. he bought it in 2004. Now if he sells he makes 60 K less, + deposit, 80 K two years rent... so in effect, he cud have lived happily for 1200 rent per month, paying abt 30 K for two years and saved the moeny and headache and now he is not finding buyers - as there are lots of houses on sale. This is one of the best areas near San Jose.

    So moral of the story is use commonsense. It is easy to give simple advices, if you do not weigh all factors age, job, how long u can repay etc, it will give u insight into affordability and the risks. We folks always look at an X or Y who made money, there are X-n people who also lost, which we tend to overlook for our convenience.



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    cinqsit
    01-17 02:28 PM
    hey snathan

    how about a addnl category in the survey

    people who are not on h1 but willing to contribute

    I am sure there will be some ;-)

    cinqsit





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    reddog
    03-11 11:22 AM
    Why do you bring Malice with you, everywhere, seriosly how does your family stand you ?
    I have seen your posts earlier, they are full of abuses, unjust full of most useless comments, let me tell you one thing, it is a very well known truth people who are most abusive on cyber space, are most fattoo & have been beaten up kind of people because they spend their life in threat but on cyberspace they become Lion. You are a typical Cyber Sher... But in real life I can guess....

    well, regardless of what sanju said, this response of yours is totally uncalled for.

    THis gives me a feeling that members on IV who are contributors and or are volunteers/activists are getting their way with foul language on this forum.

    And Sanjus last post loudly mentions that. So sanju, you being a helper to the community gives you a right to speak and behave anyway you want?

    Mods are simply looking the other way. by simply deleting his posts full of foul language.



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    apb
    02-16 03:22 PM
    CPO mail for both of us.
    Thanks everybody for all the wishes.





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    gc_check
    04-19 11:51 AM
    Dear Friends,

    Got Green cards and Welcome notices for me and my wife .
    Surprisingly no uscis e-mail and online status is still "initial review"

    Our journey in short :

    How long in US : 10+ years

    First Labor in 2002 . Changed job in three years before approval of labor
    Second Labor in 2004 . Approved in 2007
    Filed I140 and 485 - in July 2007

    Since then I was enjoying EAD / AP with no complain .

    I donate to IV now and then , but for some reason only once (for few days) got access to IV-Donor Forum . But always had a faith that IV is doing good work .
    From non-donor IV forums and other forums I noticed that USCIS are transferring leftover Visas to other EB categories . I waited to see some thing coming to EB3 but ......nothing came .
    My Lawyer told me that I can port to EB2 and it is a normal a process.

    1. New Perm
    a. Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )
    b. Requirement : 4 years Engineering + 5 years minimum experience

    2. EB2 I140 (TSC)
    a. Filed in March - Premium Processing
    b. My Lawyer sent interfiling letter along with I140 filing
    c. Approved in 7 days (A# and Priority Date retained)
    d. Same week got Green Cards and Welcome Notices:) - Super-fast Approval
    e. No email and no updates on USCIS website

    Not sure about the USCIS and Lawyer fees . My company paid for every thing.
    Hope every one get the desired freedom asap and don't have to wait like me for 10+ years

    Wish you all the best ......to everyone who is waiting for GC.


    Thanks,
    Jimytomy

    Congrats for getting GREEN CARD. Good to see another old PD (EB3) person getting greened. Looks like the upgrade route worked in your case.





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    mirage
    10-06 07:42 PM
    What you are seeing right now in US, you'll see that in India begining next year. Indian Property market is ripe for a crash. I wouldn't invest a penny until the dust settles...





    Jerrome
    03-13 10:49 AM
    If this bulletin is true I guess the guy at this link has predicted properly.

    http://immigration-information.com/forums/showthread.php?t=4285





    sidbee
    06-13 08:31 AM
    I am 2007 PD EB3. I know i am screwed :-) , but our discussing out unfortunate luck here , wont change it.

    I am not even dreaming about my GC. I am just enjoying my life today, as i have no control over tomorrow. The irony , i was qulaified for EB2, but my lawyer didnt want to do an extra work(BS + 7 Years) , so he put me in EB3.

    Let EB2 get there GC's first , and may be the illegals also get it before EB3, I really dont know the point of discussion of this thread.

    Thank God somebody didnt write , thats its really unfortunate that we were born in India.



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