Thursday, June 16, 2011

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  • gconmymind
    08-13 07:04 PM
    The only practical solution, IMHO, is to move over to EB-2. Like they say, If you can't beat them, join them.


    ______________________________
    US Permanent Resident since 2002
    N-400 Oath Date on Aug 19th, 2008

    IMHO, yes, please move to EB2 if you can find a new job within your company or outside. EB3 is in limbo and not sure how long it will take to get resolved.

    I am lucky enough to have an EB2 job with current PD. Several of my friends who are eligible for EB2 could not find suitable EB2 jobs and could not file in EB2.




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  • amits
    07-19 10:27 AM
    Thanks for your contribution!

    I am sure others will be coming to support IV soon...
    We're 21000 in numbers.

    Definitely more should be coming with contributions!

    Come on friends...



    Just contributed $100

    I think IV has done a lot in just 19 months and with the core team, who understands every issue (BEC, retrogression, namecheck, etc) and working diligently to bring a practical solution, should bring a sense of comfort to all of us that our prayers are answered in the form of IV.

    Google Order #831603791059224




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  • vdlrao
    06-10 11:23 AM
    DUI(Drive Under Influence)




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  • desi3933
    12-21 04:39 PM
    desi3933,

    Most likely your employer needed to file a new labor as well when your profile changed, right?

    Thanks


    Yes. That is correct.

    New I-140 can only be filed with new labor.



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  • satishku_2000
    01-02 08:04 PM
    For me its about the higher prize...thats citizenship...

    I want to be here for good unless asked to leave. But at times it frustrates me to think that I will be well over age of 40 when I get my green card (Assuming that nothing will happen to alleviate the retrogression issue)...

    And I keep asking myself whether its worth the wait (Waiting for 10 or 15 years and working for same employer and same position) ... I think its a valid question.




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  • validIV
    03-04 11:58 AM
    Thats ridiculous. I recently bought a home and got FHA loan from Chevy Chase Bank. They did not ask me a single immigration related document or any proof of legal presence. All they ever asked was a valid ID during closing, and I showed them my drivers license.

    LOL. I think you meant JP Morgan Chase :) CHEVY CHASE is an actor.



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  • kartikiran
    07-11 11:07 AM
    Not to put any dampers here, but this is extremely frustrating for the EB3 India folks. I mean how freakin long do WE have to wait before we get our turn!

    I agree with eb3_nepa...waiting with EB3 PD March 2002..original labor certification...people who applied after me getting citizenships...it is frustrating.




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  • beppenyc
    03-16 09:34 AM
    I see, still nothing on the real player.



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  • gova123
    08-02 05:33 PM
    Bumping ^^^^^^^^^^




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  • akhilmahajan
    10-24 05:32 PM
    Same with me, have been getting red dots. But red dots should not deter us.
    People giving us Red Dots for our efforts means we are doing a good job in our efforts.

    People who are lazy or just don't understand the magnitude of the problem, will do nothing except giving red dots.

    So, lets keep on going with this campaign full steam.

    GO I/WE GO.



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  • krishjack
    03-26 07:38 PM
    PD Sept 2003
    45 days letter received/replied on March/23/2006
    RIR EB3, filed in MD. Now in Philladelphia BEC




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  • yabadaba
    07-11 12:01 PM
    heres the thing..we have been talking about the 2004 hump for eb2 for a while now. if you download the perm data from 2005 you will see only 7000+ PERM approvals for India. this included a significant number of EB3 other worker categories like pipe welder, cook, etc ( i am assuming they were eb3 -other worker...correct me if i m wrong)

    this was the breakdown per month for perm 2005

    March-1
    April -13
    May-72
    June-324
    July-351
    Aug-833
    Sept-1172
    Oct-1212
    Nov-1541
    Dec-1771

    7290 - includes everybody - eb2, eb3, eb3 other workers

    the whole question was the hump of 2004-march2005

    ithis is the first time since when retrogression started on oct 1 2005, that the dates have moved beyond 2005.



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  • beppenyc
    03-02 12:47 PM
    it`s not working




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  • desi485
    11-18 10:31 AM
    Desi we definitely need to get clarification on this. Can you post a message with interpretations from differnet lawyers? Maybe we can get more people to ask their lawyers like Fragomen, Shusterman, Siskind ..... we will then match.

    I will do this by this weekend. Thank you Chandu for your wonderful suggestion, this way we will be able to share knowledge base from various sources.

    Meanwhile, let me mention this. Ron Gotcher clearly mentioned that, one can continue to work on EAD if CIS makes an error and denies 485.

    If the denial is illegal - and make no mistake, these types of denials are clearly illegal - then any subsequent employment without authorization falls into the "due to circumstances beyond the applicant's control" and cannot be used against the applicant later. (http://immigration-information.com/forums/showthread.php?t=6461)

    This makes sense, as a candidate should not be punished without any mistake of his own.



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  • gk_2000
    08-23 10:50 PM
    Then why you are fighting for the spill over rules as they stand. Because its going to help you :confused:

    Read all the pages and let us know where anyone is stating to close the program. All we are saying is to close the loophole.

    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




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  • gc_check
    07-21 07:27 AM
    Thanks all for the updates. Also the loan agent I am working seems to understand, the underwriter is the one causing issue. I-140 approval has already been submitted along with EAD copy and I-485 receipt, Still they need the visa copy, which is expired in my case.
    Will try talking to them again. I have sent an email to Bank of America customer service wiith details and hope fully they respond back.



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  • bestofall
    07-15 11:39 PM
    Gentle Bump , to see the total 2000 $




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  • lelica32
    12-10 04:19 PM
    I'v send a letter today. Let see if the Ombudsman will send me a answer.

    I received a answer after 2.5 months.
    The Ombudsman said, Proccesing times August 2, 2007, EB3 ROW, my I-140 is processing on time. My I-140 EB3 ROW was filed on August 22, 2007.




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  • santa123
    07-05 03:25 PM
    mbawa2574 for IV president. Anyone?

    Dude if you do not like something, why don't you start your own aggressive organization. You do not do squat on IV and only whined.

    ganguteli for IV President and Public relations:D:D
    Anyone? why not?




    lazycis
    11-24 03:24 PM
    Here is the link to USCIS AC21 memo from 5/30/2008:
    http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf




    manderson
    09-18 08:52 PM
    vparam/ anyone,

    i have 2 questions

    when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?

    also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?

    thanks in advance,
    manderson

    -----------------------------------------------------------------------------------
    Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
    �MurthyDotCom
    In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
    Source: http://www.murthy.com/news/n_yatmay.html
    I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.



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