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malaGCPahije
03-13 12:04 PM
Good news and I am very happy for all Eb2...It seems like EB3 has not much hopes. It is moving at snail's pace, but with all the overflow from EB1 and ROWW going to EB2 only, looks like EB3 will take a long time to reach 2004/2005. If few of us in EB3 category get to see the GC before they leave the US, we should consider ourselves fortunate.
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willwin
03-13 12:12 PM
That is correct, 9 months and then I will return to my country for good.
I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.

Cheers

You are absolutely right!

It is absurd. You need people, so accept labor application and approve it. Then you authenticate the individual by approving I140. Then because this 'number' not being available you let the individual and his/her family in limbo state for 5-6 years.

The mistake is not on their part; it is on our part. We are so desperate for the GC.

I would blame all the dirty politicians back home who have not let the country flourish and thus forcing the so called 'smart' people to seek residence else where on earth.

It is too much for a social animal to go through in 'its' life cycle.
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franklin
07-17 06:12 PM
Help us carry on the fight! We've won a major battle, but its not over.

Talk is cheap guys, put your money where your mouth is so we can continue fighting for us all!

http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute

:D
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arrarrgee
07-17 12:25 PM
As someone mentioned on the other popst..DREAM ACT is for the children of illegal immigrants...not for the legal ones...

Yeah, we have to focus on long term relief. Getting AP and EAD is not a long term solution. I was hoping 'capturing unused numbers' or something better would happen with this July fiasco fix, does not seem to be happening now.

Hopefully this DREAM act will trigger more amendments like 'no limits on STEM EB visas' to get into pending bills...
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shree772000
10-09 04:46 PM
You are right on - most of conversations/analysis on RE market in India (especially Hyderabad which I am familiar with) center around how NRI/IT employee money has spurred the prices. its a big urban legend. Majority of these "investments" were with black money - corrupt govt employees, local businessmen, and politicians of all parties, and ultra rich actors. They saw a chance in converting their black money into white and pumped up into RE projects as "investments". I saw a report somewhere which said that these black-money transactions can account for atleast 33% of RE transactions in hyderabad (with another 1/3 coming from companies/FII's and only the other 1/3 from NRI's + local rich professionals like IT employees/doctors/lawyers etc). In the apartment and SF homes market most of the projects are in the mid-way thru completion -with majority of apartment projects scheduled to complete in 2009-11. During that time there will be abundant apartments with not many people living in them - expect to see rental prices go down even more.

Of course these investors would eventually try to cash their assets - and deman vs supply equations change dramatically to drag down prices. In addition to this - the current global economic conditions are bad (to put it very mildly) - the argument that it will not touch India may not be correct. Our economy is a lot smaller than other economies like US/europe and depend a lot on those economies - more financial companies bankruptsies would affect IT companies revenues. Also there were direct investments from some of the failed companies in India - for example Lehman Bros had a investment in one of apartment project in Hyderabad. Morgan Stanley, Merrill Lynch, etc. all have tie ups with RE companies with huge "promised" investments. Now that they themselves are in trouble - dont think that they would venture into indian RE market anymore - this can also potentially drag down prices.

I could be wrong (was saying that this would happen for last one year - it didnt happen so far ;)) - but I think buying an apartment/house in Hyderabad/Bangalore/Chennai now in 2008 as an "investment" is not a great idea. If the buy is to live there - then its another matter (I never look at my home as an investment - its more of a life style choice whether in India or in US).

On the same note.... On my last trip to India, Hyd specifically...I went around and asked some people I knew for an estimate on a property...I saw people just pulled the numbers out of thin air. I donno how they came to the number, there was nothing to track the real value, like revenue records etc.

I think this also causes the bubble we are seeing, as some people who have cash and are willing to pay may buy it at that price and that will cause people to think that its actually worth that much.
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sbindval
07-14 01:41 PM
good luck guys! may the force be with you
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tampacoolie
09-29 01:13 PM
Was your previous approval based on an extension ? [Pending LC/Approved I-140 etc] ?
Yes. It was pending LC and they approved my I-140 last week. The status update happened immediately after my I-140 approval.Does your current transfer require documents from the previous employer ? [LC/Approved I-140] ? Yes. It was LC that was pending with my previous employer. Were you paid the prevailing wages mentioned in the LCA of previous H1B ?
Yes. I was getting paid little more.
Can this be supported by the W2 of last financial year [Not the paycheck].
Yes.
Did you have I-94 attached in the previously approved H1B ?
Yes.

Please answer these questions it might be helpful in finding what might have raised the red flag.

See the answers
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smbaps
08-12 01:36 PM
EB3 india, Oct 2003 PD
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485Mbe4001
08-13 01:47 PM
I agree, there is slim chance that 5882 could pass, we must do our best and not let it slip out of our hands. Keep writing and calling. At this rate EB 3 I will not move more than a couple of months per year. The new visa allocation policy will retrogress EB3 ROW too and as EB3 ROW starts getting retrogressed there will be less and less available for EB3 I.

If you can porting to EB2 is always a better choice.
For EB3-I's with PD > 2005 it is worth the risk even with the gray area that USCIS may not accept the porting. An EB2 I PD of 2008/9 will always be better than EB3 I PD > 2005.

HR 5882 is the only solution for all atleast for this year.
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masterji
04-15 07:06 PM
Exactly same thing is going on with me, getting a soft LUD almost every day! (to be precise three times since they received my RFE response). Not sure what's going on?
Ok here is my experience,
had a hard LUD and received RFE for 325A and birth certificates,
Replied to RFE - USCIS received the mail on the 8th, same day in the evening, received a hard LUD saying, RFE response received and is under process.
Till today, I have been seeing soft LUD on our case, I dont know what is going on !!!
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sri1309
10-06 07:17 PM
pls post in property related forums..
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pappu
01-30 09:08 AM
finally, something good by DOL for us.
Yes it is good that they are changing the rules despite opposition from lawyer association. Lets also hope that it gets implemented soon since there will be some opposition until it comes into effect. A lot has been changing in these agencies. Decoupling of H1 and H4 time, now Labor sustitution, premium processing, classification of service centers Etc. (we dont have a long list yet!) All this is also due to the phone calls people have made, letters people have written, articles media has published about inefficiencies and broken system, lawmakers people have met and aired their problems. Lets hope the wheels of change start moving fast enough for us.
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vbkris77
03-10 10:39 PM
As I thought about this further, I figured out the data is even worse than I thought earlier, as this may not have any 2007 numbers. People who filed their labors in 2007 were still waiting in july of 2007. So this data is only upto late 2006. Now the figures could be

EB-3
5000 2001
20000 2002
20000 2003
20000 2004
5000 2005
5000 2006

EB-2
10000 2004
30000 2005
30000 2006

Check your Calculations, Per PDF, only 51K EB2 are pending till July 2007.
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mrajatish
04-18 11:35 AM
How about this - let us have a couple of volunteers call/email people asking for $25 contribution. If we can get 1/2 of 3000 people contributing $25 each, we will get to about 120K. I am ready to take initiative in this - core group, can I get this initiative going?
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roseball
04-18 04:03 PM
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
Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )

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!!!. Mine was approved in similar fashion as well last September without any interfiling letter (EB-2 I-140 and 485 approved concurrently at TSC, New employer EB-2). Enjoy the freedom.
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sundarpn
06-01 10:31 PM
Cool.

How does one go about writing to the senator's office for an individual's case?
Can you share how you went about this?

thx

Folks - another update on my case.

As i had been following up my case with the help from my Senator's office, they requested USCIS to give a written decision on my MTR.

Here is the written decision that USCIS gave

"On March 27, 2009, you filed a motion to reopen. You indicated the use of the applicant's ability to "port" under section 106(c) of the American Competitiveness in the 21st Century Act (AC21). The requirements were met and the motion to reopen was approved.

CONCLUSION: It is concluded that the grounds stated for denial have been overcome.

ORDER: It is ordered that the motion to reopen be approved. The Form I-485 is "pre-adjudicated" awaiting visa availability."

I hope this encourages people to go ahead with AC21
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black_logs
04-18 07:48 AM
We are languishing close to 85K. It is very important that we reach 150K very soon. There are some big decisions pending because of that.
Does anyone know how close are we in achieving this target, did we atleast cross 100k?
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msp1976
02-01 12:21 PM
Please donot let this thread a self-flogging ritual...
We the H1Bs are the victims of the this system. We did not create this system. It is true that there are social costs associated with this system. Abolishing the system is not the solution. Reform and making the system just is the solution..That is all we are asking for....
Blaming the victim of an atrocity for the atrocity is sheer stupidity....
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ss_col
01-31 09:02 AM
Hi,

Does anyone know what qns # it is at present at or the heading it is under. I could not find either of them.

Thanks

Contributed $300, Sent flowers.
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485Mbe4001
02-13 05:42 PM
Please dont BS for the sake of BS'ing.
Think before you type. The core team mentions $$ and ground work. Most are not interested in doing anything besides reading these forums. Realize the enormity of the task, the efforts required, then look in the mirror and ask yourself what you did besides BS'ing


As mentioned In Logiclifes first post in this forum,
Organizations who have Millions of dollar In budget for pushing and lobbying their Issues failed also for whatever reason ( He did not mention reasons ).
Does that mean that having a fat budget does not Impact the outcome ?
What It proves Is Its really the Politics, election, People's focus on the Issue which matters and NOT the lobbying with big fat budget.
And If its the case then our issue will be taken care of on its own merit when all above factors are in our favour, regardless of lobbying.

Just a thought, I hope I am not upsetting the general trend of praising efforts.
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desi3933
01-28 04:05 PM
....
E-E is the most controversial item in the USCIS memo which also is illegal.

[From the pdf file]

H-1B beneficiary. Under 8 C.F.R. fj 214.2(h)(2)(i)(F), it is possible for an "agent" who will not be the actual "employer" of the H-1B temporary employee to file a petition on behalf of the actual employer and the beneficiary. However, the regulations clearly require H-1B beneficiaries of "agent" petitions to still be employed by "employers," who are required by regulation to have "employer-employee relationships" with respect to these H-1B "employees." See id.; 8 C.F.R. $8 214.2(h)(l) and 214.2(h)(4)(ii) (defining the term "United States employer"). As such, the requirement that a beneficiary have a United States employer applies equally to single petitioning employers as well as multiple non-petitioning employers represented by "agents" under 8 C.F.R. fj 214.2(h)(2)(i)(F). The only difference is that the ultimate, non-petitioning employers of the H-1B employees in these scenarios do not directly file petitions.

Therefore, in considering whether or not one is an "employee" in an "employer-employee relationship" with a "United States employer" for purposes of H-1B nonimmigrant petitions, USCIS will focus on the common-law touchstone of control. Clackamas, 538 U.S. at 450. Factors indicating that a worker is an "employee" of an "employer" are clearly delineated in both the Darden and Clackamas decisions.
503 U.S. at 323-324; see also Restatement (Second) of Agency 5 220(2) (1958). Such indicia of control include when, where, and how a worker performs the job; the continuity of the worker's relationship with the employer; the tax treatment of the worker; the provision of employee benefits; and whether the work performed by the worker is part of the employer's regular business. See Clackamas, 538 U.S. at 448-449; cJ: New Compliance Manual, Equal Employment Opportunity Commission, ? 2-III(A)(l), (EEOC 2006) (adopting a materially identical test and indicating that said test was based on the Darden decision); see also Defensor v. Meissner, 201 F.3d 384, 388 (5th Cir. 2000) (determining that hospitals, as the recipients of beneficiaries' services, are the true "employers" of H-1B nurses under 8 C.F.R. ? 214.2(h), even though a medical contract service agency is the actual petitioner, because the hospitals ultimately hire, pay, fire, supervise, or otherwise control the work of the beneficiaries).


http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug132009_05D2101.pdf


_________________
Not a legal advice.
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