swede
07-24 08:05 AM
Congrats to your approval!
I'm just waiting for them to start working on the 2002 cases now, since everyone who applied later already got their greencards it seems. :(
I think it is sooo unfair that someone who applied in 2005 already got a green card and taking the visa numbers when others have waited 3 or 4 more years(!) extra have to wait even longer. That is something for IV to fight for...
I'm just waiting for them to start working on the 2002 cases now, since everyone who applied later already got their greencards it seems. :(
I think it is sooo unfair that someone who applied in 2005 already got a green card and taking the visa numbers when others have waited 3 or 4 more years(!) extra have to wait even longer. That is something for IV to fight for...
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tcsonly
07-21 04:49 PM
Here is a list of 53 members so far registered in SoCal chapter:
Jimi_Hendrix
GCSOON-Ihope
eagerr2i
days_go_by
485Mbe4001
yogkc
tcsonly
willgetgc2005
MY_GC_DREAMS
payal_nag
genius
Not2Happy
thirumalkn
meetdebasish
GC Process
baleraosreedhar
caydee
rkotamurthy
hourglass
murali77
satishku_2000
acruix
imv116
santb1975
amaruns
IN2US
twinbrothers
kumhyd2
xstal
mashu
zoooom
tcsonly
drona
DCQC
jasmin45
gctoget
rsamudrala
satishbsk
SDdesi
Progressive
abhisam
smuthu2000
hmehta
rfarkiya
eb3stuck
imv116
northstar1
manishs7
navkap
mangelschots
Pia
kkcal2002
GC_Applicant
I doubt if Jimi_Hendrix is still active in SoCal chapter.
-C.
Jimi_Hendrix
GCSOON-Ihope
eagerr2i
days_go_by
485Mbe4001
yogkc
tcsonly
willgetgc2005
MY_GC_DREAMS
payal_nag
genius
Not2Happy
thirumalkn
meetdebasish
GC Process
baleraosreedhar
caydee
rkotamurthy
hourglass
murali77
satishku_2000
acruix
imv116
santb1975
amaruns
IN2US
twinbrothers
kumhyd2
xstal
mashu
zoooom
tcsonly
drona
DCQC
jasmin45
gctoget
rsamudrala
satishbsk
SDdesi
Progressive
abhisam
smuthu2000
hmehta
rfarkiya
eb3stuck
imv116
northstar1
manishs7
navkap
mangelschots
Pia
kkcal2002
GC_Applicant
I doubt if Jimi_Hendrix is still active in SoCal chapter.
-C.
gctoget
07-30 07:29 PM
gctoget, we are actually 39 members now. 24 is the new members that have joined since a week back. If you look at the members section on our yahoo groups we have more. Keep joining folks, we have become very active.
Sorry about that Drona. "39 members" .....that sounds great!!!:)
Sorry about that Drona. "39 members" .....that sounds great!!!:)
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mohanty99
07-18 10:56 PM
This seems very unfair to people who had earlier PDs (2004 & 2005) and who have waited so many years to file. Now, people with PDs in 2007 will jump ahead of them in the queue just because of this fiasco, juts because they filed earlier. :confused:
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sirinme
09-10 05:33 PM
Just contributed $100 via Google Checkout. Can't make it in person to the rally, but thanks & best wishes to everyone involved.
harivenkat
08-13 08:56 AM
"08/12/2010: Wow, That Is Fast. H.R. 6080 Presented to President Today, and President to Sign 08/13/2010, Friday
* As soon as the Senate passed the bill, the Congress quickly cleared for White House and has already been presented to the President. Since it passed during the special session, everything had to be cleared out of the Congress quickly, I guess. USCIS must be busy to get ready for processing and collecting increased fees from these employers soon. The new filing fees will be a huge amount, especially when they decide to file a premium processing request. Can you imagine how much these employers will lose for a single case if the case is filed on premium and denied!! Ouch!
* The new fees will take effect tomorrow since the President is scheduled to sign it into law at 11:00 a.m. EST, tomorrow. "
- The OH Law
wondering if its time to leave....
* As soon as the Senate passed the bill, the Congress quickly cleared for White House and has already been presented to the President. Since it passed during the special session, everything had to be cleared out of the Congress quickly, I guess. USCIS must be busy to get ready for processing and collecting increased fees from these employers soon. The new filing fees will be a huge amount, especially when they decide to file a premium processing request. Can you imagine how much these employers will lose for a single case if the case is filed on premium and denied!! Ouch!
* The new fees will take effect tomorrow since the President is scheduled to sign it into law at 11:00 a.m. EST, tomorrow. "
- The OH Law
wondering if its time to leave....
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rongha_2000
04-30 03:21 PM
Only 95000 GCs? I thought the recap number is somewhere in the 200K range. Or is this family based GC for which 95K will be available?
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
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Libra
09-14 11:21 AM
bump
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ychousa
07-18 06:47 PM
Does PD exist just to be able to file I-485? Or as some members say, does it also play a role after filing I-485 for adjudication? Does CIS go by PD or RD when the visas are limited?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
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I_need_GC
02-08 10:41 AM
Yesterday I went to the Local INS office after making an infopass appointment. Requested the IO to expedite my AP he looked at current processing dates for Nebraska Center Aug 15 I applied on July 20 INS process date on receipt notice August 25. He told me they would start looking at my case soon. I mentioned to him I need it expedited he asked why I showed him a letter from employer that I needed to travel outside us he said its not life death emergency. I insisted that if i didn't go I would get fired lose my job, he wait let me check with manager after 20 minutes he came back and said his manager agrees to process as emergency. He took all my original supporting documents and told me he was going to fax them to Nebraska center and also email to them. I mentioned to him that I have to leave by Feb 11 again he went to his manager and he said thats the best I can do. He took my phone number. I have not heard for INS no LUD on my case yet. If i don't leave by feb 17 kiss my job good bye. Anything else you guys recommend i can do. I also faxed the Nebraska center a request expedite still haven't hear or seen anything. :(
Your inputs are welcomes.
Your inputs are welcomes.
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swissgear
08-24 12:00 AM
Context is everything
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
GK, All I can say about your disconnected arguments are one thing. Myself and Nathan are talking about fairness about the system and on how corporates exploit the loophole thereby exploiting the hardworking individuals like you and me. We never here scolded and ranted about the program and as a matter of fact we are having issues with the so called "LoopHole" But your arguments are going in a completely different direction. You can re-read all of our posts again and see where we mentioned anything about ranting against the program.
And BTW FYI, I never worked for TCS. And to let you know, I did my Masters in Soft Engg from BITS and Bachelors in Technology. When I say I got paid 65k for the kind of service I did to the company(5 yrs ago) , itself says a lot of things on how companies exploit which has no relation to the number of yrs of experience and qualifications.
All that matters for those companies is whether client is made happy or not, irrespective of what you undergo. FYI I worked company starting with W (top 3 IT companies in India at that time) .
Let me explain you how this works.....Exactly as to how it happened in my case.
First you are given ransom salary offer say 30-40% more that what you might be earning and an immediate on-site offer within 12 months of joining the company. You feel pretty happy with all of those initially.
Later they send you onsite as promised on L1 by making you wait for 1 yr, (even when they can sponsor you H1) so person would be eligible on L1. Things will look good until now.
While sending you to onsite, no one will let you know what kind of salary you would be paid. Things will start to get interesting from the moment you land in US.
You are paid just a week of hotel stay(extended stay) and 1 week car rental(only if you have valid DL). You have to beg / borrow for a ride or take public commute if available.
After 2 days of settling you will be given a salary letter stating that your salary is 50k with a bonus of 5k.
This is the catch. The companies feel that sending a guy on site itself is a big deal. Logically you think that person earning more at offshore than the other person will also get paid more. Its not the case, everyone at onsite are paid the same, irrespective of what their salary is are offshore(only 2 salary ranges exist).And there is no offshore component, and the pathetic thing about it is, you are paid basic salary at offshore deducting from your onsite salary.
Also, just so you know, and onsite person playing a manager role is just an additional responsibility and not a dedicated role. So this is on top of your regular technical role.
And now comes your GC step. After you spend 5 yrs onsite, since you have to leave back after 6 yrs, the company will file in EB1-A and thereby getting your GC. After you get your GC, you are already out of touch from the rest of the world except from your daily offshore/onsite issues and so on and you would not be able to know as to what exactly you can do with your GC. All that happens is you will not be fit to work anywhere except the place you were working at. This has happened to many of my colleagues. I was lucky enough to get out of that chaos after my 1 yr at onsite. All I can say is I'm very much happy now with GC filed in EB2 and making much more that what I used to ...
BTW your comment on someone working for $1 or 30k is for their own noble cause and you cannot expect everyone to have that.
And coming to a conclusion about someone who you do not know about is uncalled for...
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
GK, All I can say about your disconnected arguments are one thing. Myself and Nathan are talking about fairness about the system and on how corporates exploit the loophole thereby exploiting the hardworking individuals like you and me. We never here scolded and ranted about the program and as a matter of fact we are having issues with the so called "LoopHole" But your arguments are going in a completely different direction. You can re-read all of our posts again and see where we mentioned anything about ranting against the program.
And BTW FYI, I never worked for TCS. And to let you know, I did my Masters in Soft Engg from BITS and Bachelors in Technology. When I say I got paid 65k for the kind of service I did to the company(5 yrs ago) , itself says a lot of things on how companies exploit which has no relation to the number of yrs of experience and qualifications.
All that matters for those companies is whether client is made happy or not, irrespective of what you undergo. FYI I worked company starting with W (top 3 IT companies in India at that time) .
Let me explain you how this works.....Exactly as to how it happened in my case.
First you are given ransom salary offer say 30-40% more that what you might be earning and an immediate on-site offer within 12 months of joining the company. You feel pretty happy with all of those initially.
Later they send you onsite as promised on L1 by making you wait for 1 yr, (even when they can sponsor you H1) so person would be eligible on L1. Things will look good until now.
While sending you to onsite, no one will let you know what kind of salary you would be paid. Things will start to get interesting from the moment you land in US.
You are paid just a week of hotel stay(extended stay) and 1 week car rental(only if you have valid DL). You have to beg / borrow for a ride or take public commute if available.
After 2 days of settling you will be given a salary letter stating that your salary is 50k with a bonus of 5k.
This is the catch. The companies feel that sending a guy on site itself is a big deal. Logically you think that person earning more at offshore than the other person will also get paid more. Its not the case, everyone at onsite are paid the same, irrespective of what their salary is are offshore(only 2 salary ranges exist).And there is no offshore component, and the pathetic thing about it is, you are paid basic salary at offshore deducting from your onsite salary.
Also, just so you know, and onsite person playing a manager role is just an additional responsibility and not a dedicated role. So this is on top of your regular technical role.
And now comes your GC step. After you spend 5 yrs onsite, since you have to leave back after 6 yrs, the company will file in EB1-A and thereby getting your GC. After you get your GC, you are already out of touch from the rest of the world except from your daily offshore/onsite issues and so on and you would not be able to know as to what exactly you can do with your GC. All that happens is you will not be fit to work anywhere except the place you were working at. This has happened to many of my colleagues. I was lucky enough to get out of that chaos after my 1 yr at onsite. All I can say is I'm very much happy now with GC filed in EB2 and making much more that what I used to ...
BTW your comment on someone working for $1 or 30k is for their own noble cause and you cannot expect everyone to have that.
And coming to a conclusion about someone who you do not know about is uncalled for...
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GC9180
12-10 09:06 PM
In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.
If they are saying if spillover is used they would ensure eb2 I & C would have same PD dates. Since eb2 C is may 05 and for eb2 I to reach that date ( may 05) it would need at least 4k spillover visas...i think till then they would not a lot any spill over visas (1st 4k) to eb2 c .. and from that date onwards the spill over visas would be shared between I & C.
If they are saying if spillover is used they would ensure eb2 I & C would have same PD dates. Since eb2 C is may 05 and for eb2 I to reach that date ( may 05) it would need at least 4k spillover visas...i think till then they would not a lot any spill over visas (1st 4k) to eb2 c .. and from that date onwards the spill over visas would be shared between I & C.
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dipmay2002
09-07 01:37 PM
Today I completed 10 years in USA and still waiting for GC, PD Dec. 2004 EB3...:confused:
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senthil1
10-03 04:40 PM
Increasing green card numbers will resolve this problem also. For example doubling the Visa numbers will not have much impact when CIS wastes a few hundred or a few thousand Visa numbers. If Annual cap is 300k then also CIS may waste 5k Visa numbers every year on average. But without increasing gc numbers even full utilization of 140k Visa will not have any impact Indian PD as demand is high.
Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
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gk_2000
08-23 02:45 PM
How about people are using it as a loop hole and smack you down. Just because you have the option, it does not mean the right thing.
It is not the right thing -- from your perspective, because you can't take advantage of it. From the USA point of view multinational executives can potentially create jobs and that's why they must be allowed
You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!
It is not the right thing -- from your perspective, because you can't take advantage of it. From the USA point of view multinational executives can potentially create jobs and that's why they must be allowed
You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!
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gctest
09-15 04:19 PM
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
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mbartosik
03-26 04:34 PM
PD Dec 2002
45 day letter around July 2006
replied to 45 day letter within a couple of days
RIR EB3
Region NY
Currently on 7th year of H1B
45 day letter around July 2006
replied to 45 day letter within a couple of days
RIR EB3
Region NY
Currently on 7th year of H1B
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franklin
07-21 03:23 AM
Defense bill is currently on hold. This amendment is for HR2669.
Amendment Number: S.Amdt. 2339 to S.Amdt. 2327 to H.R. 2669 (College Cost Reduction Act of 2007 )
H.R.2669
Title: To provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008.
Sorry, I'm still confused, but it is entirely possible its my misunderstanding of American Senate and House of Representatives proceedings. How does a Senator add an amendment to a House of Representative bill?
Are we talking about 240,000 greencards to recapture or 2,400,000?
By the way - just because you make the letters huge and bold, it doesn't make it easier to comprehend.
Amendment Number: S.Amdt. 2339 to S.Amdt. 2327 to H.R. 2669 (College Cost Reduction Act of 2007 )
H.R.2669
Title: To provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008.
Sorry, I'm still confused, but it is entirely possible its my misunderstanding of American Senate and House of Representatives proceedings. How does a Senator add an amendment to a House of Representative bill?
Are we talking about 240,000 greencards to recapture or 2,400,000?
By the way - just because you make the letters huge and bold, it doesn't make it easier to comprehend.
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Imigrait
03-03 03:55 PM
It's stupid to have rules around which expect Immigrants from India and China to hold on to their jobs for 10 years without changing it when everyone around is losing their jobs.
darslee
07-07 12:18 PM
We are 6th year H1B, but we only have a PD date of 27th July 2006.
My son turns 21 on 13th January 2008. We have an I-140 pending since August 30th 2006, which is probably a good thing because I understand that it will help to "extend" my son's time, provided it is not denied. There is no valid reason why it should be, and we have not taken up Premium Processing for that very reason.
However, with this July Visa Bulletin fiasco, who knows how long it will be before our PD date will come up again (EB-3 ROW) and we can file the I-485
Thus, I am really interested in the outcome of your case and the CSPA draft you have come up with. I have registered with Expat's Voice, as per your request.
My son turns 21 on 13th January 2008. We have an I-140 pending since August 30th 2006, which is probably a good thing because I understand that it will help to "extend" my son's time, provided it is not denied. There is no valid reason why it should be, and we have not taken up Premium Processing for that very reason.
However, with this July Visa Bulletin fiasco, who knows how long it will be before our PD date will come up again (EB-3 ROW) and we can file the I-485
Thus, I am really interested in the outcome of your case and the CSPA draft you have come up with. I have registered with Expat's Voice, as per your request.
shadowboxer
09-27 09:16 PM
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
Don't talk like a lawyer to her. For all intents and purposes, wait time starts when somebody sets foot in this country with the intention of becoming a permanent resident someday.
Don't talk like a lawyer to her. For all intents and purposes, wait time starts when somebody sets foot in this country with the intention of becoming a permanent resident someday.
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