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  • FinalGC
    07-07 01:03 PM
    Please be considerate to your good employer and good attorney of yours. You do not want to burn bridges, when you leave. Give them at least 2-3 weeks notice. That is the least or at least work with them for 6 months since that is what the law would require you after getting GC.




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  • eager_immi
    02-12 10:54 PM
    I agree with you, there are enough people who do h1b bashing really well, we are here to fight a cause let us do that right.

    We do NOT support H1b increase without first reforming the EBsystem - we are neutral on this issue. There is nothing for us to gain by either supporting or opposing H1-b increase. We cannot support it because it worsens retrogression. We cannot oppose it for the simple reason that we are ourselves on H1-B. If someone thinks H1-B is bad, then how on earth can you justify giving GCs to these H1-Bs ? Why don't we start by deporting ourselves then ?

    The reason zazona and numbers USA are "successful" is simply because they are citizens groups - and they have a sympathetic audience of folks who lost their jobs, as well as sympathetic mouthpieces like Lou FOULMOUTH. Politicians are bound to give weightage to these people's concerns (valid or not) if they wish to remain in power.

    Lets leave H1-B bashing as an exercise to the zazona,foulmouth and co. We have scarce resources to begin with as it is, and they are best spent on something constuctive.Unfortunately, we do not seem to have any shortage of ideas on what new items IV should be working on.




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  • amulchandra
    05-18 09:58 AM
    Done




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  • dixie
    09-28 01:06 AM
    We do not have sufficient expertise to answer such specific queries .. Your company's immigration lawyer should be the best person to answer this. You could also try posing your query to an attorney during our conference calls.

    In any case, a good employer would prepare for the worst case eventuality - that is assume that an audit notice is sent. If your company and its lawyer have been scrupulous about all the information they furnished during the PERM app there should be little trouble responding to it. In case they fail to satisfy USCIS, your company will get blacklisted and will be barred from filing PERM applications for some length of time (not sure what that is).I do not know of any direct consequences for the beneficiary himself.

    My company went through a 10% workforce reduction company-wide just when my PERM application was ready to be filed. Although nobody from my group has been affected, 2 people with the same job title from a different group in the same office were affected. Their job descriptions are entirely different. I have about a year and a half before my H1B expires. I would appreciate anybody answering the following questions I have:

    1. In Form 9089, should the answer to Item 26 be 'No' since nobody in my group or area of expertise was affected?

    2. If the answer to Item 26 should be 'Yes', is it sufficient to notify and consider the people laid off? I am confident that they will not qualify for the position. How long should this 'notification and interview' period typically be?

    3. I have heard that my company can be sent an audit notice. In such a case, is it sufficent to justify that the area of expertise is different. What is the success rate for this?

    4. If the audit response is rejected, what happens then? I have been told that the employee will have to return to his home country immediately and cannot refile his PERM application.



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  • vparam
    03-14 04:00 PM
    I dont think many labors were filed between september 2001 and Dec 2002. Due to bad market and frequent layoffs during that time. My guess is EB3 will get to 2003 soon, may be before end of this year.
    Would love to see that happen... waiting with PD of aug 2002 :-(




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  • indyanguy
    10-05 07:26 PM
    any help with my queries is really appreciated.. :confused:

    A very surprising thing happened in our company today. Shocking it may seem, they laid off 5 employees in my department today without any notice. Today's happenings makes me want to gather as much info as possible in case something unexpected might happen.

    I am a July 2nd filer of 140/485 concurrently. No I140 approval yet. Received AP and EAD for both me and my wife.

    If I request my employer not to revoke I140, will I be able to use my EAD for my next job?

    Can someone give suggestions on what other options I have if something terrible happens to me?

    Thanks



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  • immigrationmatters30
    02-14 07:49 PM
    Nice Post hydboy!! Quick question though, Would you have put the same argument if you have not filed your EAD during july 2007? Guess not..Let us stop this..now.I agree with what you are saying,by the way.

    I hear some people saying childish things like hijacking this thread if anybody says anything different from what they say. What do you prefer, should I open another thread with title "oppose prefiling AOS", nobody wins neither will I or you when somebody does that. Please tolerate others views then they will tolerate yours.

    Without strengthening AC21 if you allow everyone to file AOS then anti eb folks like Grassley, Sanders, Sessions, Durbin will move from targeting H1b to targeting EAD. It takes 6 months to get Perm approval, with pre filing AOS everyone can get EAD in 6 months, anti eb folks and USCIS know that people will be jumping to EAD to escape H1 crackdown, what do you think they will do, they will add amendments and Bills to put restrictions on hiring EAD just like they put restrictions on hiring H1b. We cannot make EAD into another H1b like hell.

    Prefiling should be done to give relief to people who missed July fiasco only after
    1. Remove\dilute same similar job requirement
    2. Make sure EAD is extended without any rfe. USCIS will invent thousand things to issue rfe, EAD should be in a different league to h1 and it should not turn into another h1 where you are slapped with rfe left right and center. Example Pay stub rfe, ability to pay rfe, customer Purchase order RFE etc etc etc, Green card holders don�t have any problem working in these same jobs so why should EAD people face this nonsense (otherwise it is just like h1). Before people complain this will become like a green card, lets me answer in advance, if a person from ROW can get his green card within 12 months of coming to US, why cannot people from India\china who have worked in US for the last 5 to 10 years get the above mentioned relief on EAD. EAD should be superior to h1.the only restriction should be you should work in the same field, i.e. if your labor certification is for Software engineer, programmer analyst etc , then you work in a software related job and cannot become a greeter in walmart :-)

    Without strengthening EAD\AC21 with the above mentioned items you are turning EAD into just another h1.If we push for prefiling AOS without strengthening Ac21 it is a big disadvantage and slap on the face for all the people with older priority date. Because of July fiasco when everybody got current and filed for AOS, USCIS issued GC to people from 2006 leaving behind people from 2003, 04 and 05. USCIS should have gradually moved the dates from 2003 to 04 to 05 that way people with older PD would have got it first. With prefiling AOS it will become a lottery like in August 2008 where 2006 PD got GC over 03,04 and 05 in eb2. Safeguards have to be put in place for order of priority date otherwise USCIS will indulge in this lottery mode and excuse there behavior by claiming they did this to save visa wastage.




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  • kak1978
    02-29 10:04 PM
    I sent my letters today..



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  • NolaIndian32
    11-10 05:33 PM
    Nola, your intentions are good, but I do not agree with your conclusion. You are biased against yourself and other applicants.

    1. who, applicant or cis, is required to make sure gc process is properly followed?

    2. also, if someone goes thru' "pain of gc revocation" due to cis error, isn't it ethical (and legally required) to provide "ead/ap" (so person can continue to work and feed his family, be in status), "reinstatement of (again) pending 485" etc. to that person by cis?

    3. are these legal & ethical norms only applies to one party or both parties involved in this process?

    I understand what you are saying. Both, the applicant (or applicant's attorney) and CIS shold follow the correct procedure. However, there should be no elation to getting a GC when the PD is not current, hence there should be no distress for its "revocation" - which again is a matter of semantics, there is no GC, hence there is no revocation.

    I commented on what the applicant and the applicant's attorney should do based on what is ethically and legally appropriate. I did not comment on what USCIS may or may not do to resolve such a situation.

    I understand the struggle you metion; I have been in the US since 1994, i lost my priority date of Aug 2002 due to impatience with the backlog center. I started my GC process in 2001! I had a job loss due to Hurricane Katrina. I am married to a US Citizen, but cannot get sponsorship from that marriage due to DOMA. The pity list goes on and on for each and everyone of us. So believe, me, i understand the aspect of "struggle" that each of us has had to endure or is still enduring in order to get a GC.

    I don't see how I am biased, especially against myself - that doesn't make sense. I am not an attorney, obviously, but i work very closely with attorneys, well it is essentially my job to work with them and the bottom line in every contractual arranagement or when applying the law, comes down to what are the obligations of the entities involved whether it is a contract or the practical application of the law.

    -Nola




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  • neerajkandhari
    06-25 08:04 PM
    I Got The Bad News Today Too
    What A Waste Of Money



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  • ksiddaba
    06-14 12:29 AM
    Hi:

    My I-140 has been approved and my PD was Jan 2006. However my company merged with another company recently and I was told I have to re file for a new I-140 with the "new" company. What is your opinion on this matter?

    Also my wife is in India right now and needs to go for H4 stamping. Should I wait for her to come back before I file for I-485? Can she file a I-485 later once my I-485 has been filed even though the dates have retrogressed?




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  • sunny1000
    06-10 01:25 AM
    I can tell your case. If you apply now by EB you will get gc within 3 to 7 years time. If you apply by point system after 5 years of USA experience and you will have employer sponsor you will have 16 points more than those who are coming fresh to USA. So both point system and EB system you will get at the same time period. Process delay will be minimal as no labor or I140. But initial period there will be delays as it is entirely new and untested. We cannot compare EB and point system now. Only point system comes we will know the problems

    First of all, it is not "my" case. I have been waiting in line for my green card for the past 5 years with my labor stuck in BEC. So, under the current CIR draft, I will be one of the biggest losers as I have not filed for my I-140 and so, my whole application will go down the drain after 5 years of time, money, energy and emotional stress.

    How do you come with a math where I will be able to get a GC immediately after 5 years if I apply under the points system? Did you even read the draft bill? How will I or anybody else for that matter, manage for next 5 years without a GC when they are squeezing out the H1B (fee increase, removal of dual intent etc)?? Next would be the per country hard quota that will put us in an eternally long line.

    I would definitely compare the current mess of a EB based system with the untested point system and take the current system any time as it is a known devil. The merit system is no angel either. Atleast in the current system, if I wait long enough, I know that my turn will come.

    How do you know that process delay would be minimal? USCIS's current delay is not because of process, it is because of the sheer volume of applications and lack of man power. The PERM system takes one month. If you pay premium processing, it takes them 15 days to clear your I-140. So, where is the delay in process? All the delay is from the past backlogs which this bill fails to address and at the I-485 stage where they have to do background checks. That will exist in the points system as well. After you discover the problems in the point system, what will you do then? Ask for another CIR bill??

    You don't have to tell what "my" case is. I live my case...



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  • chanduv23
    09-04 11:43 PM
    We should attend. It matters a lot.. Even uneducated farmers fight for their right. Why should we not show some solidarity and let the nation hear our voice?


    Your IV profile says you are not attending the rally, please update your IV profile to say YES so that core will have a head count :)




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  • RandyK
    03-20 05:08 PM
    Dude, don't judge everybody with the same yard stick.

    Gotcher has been very helpful for a lot us who are looking for anwers. You may not agree with his analysis for personal reasons, just keep it that way.

    Don't try to just come up with stories.

    Even if he gets some publicity so what? Atleast he is earning it by helping a lot of people.


    i dont think its a controversy. mr. Gotcher does not agree with the interpretation. Maybe its a way to generate some additional revenues for his firm by increased traffic to the blog and potentially a class action lawsuit on behalf of the ROW people.



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  • mirage
    02-11 08:43 PM
    Guys,
    There's no doubt CIR is going to be brought in this year. How much of it or any of it will get passed, is the issue. Congress, as last year is determined to amalgamate us with the illegals so they can freely oppose the bill and indirectly kill both kind of immigration. I think we should put all our resources towards lobbying and make as many friends on the hill as possible.




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  • Pagal
    05-30 02:18 PM
    ^^ bump ^^



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  • jayram123
    09-20 12:52 PM
    While we are at discussing participation, a question I heard at DC comes to my mind. A member ( anil_sap?) asked another Texan member ( forgot name) - 'What takes you to become an Active member?'. To which my friend answered - 'Isn't he active alredy. He is here'.

    That made me think - is being active a nebulous concept. Who's is the real active member of IV? The Core and near-core that strategize, plan , co-ordinate and conduct the business? The guys subscribed to monthly payment but missed DC? Guys who were at DC but not monthly contributors? Guys who were there all 4 days? Guys who visited for a day? "Lunch-Break" agitators? Who is 'active' among these will depend on whom you ask!

    The following portion is in humor. Don't take it in bad spirit.

    I did a self-evaluation, and guess-what, I realized I was a different breed. A 'Know-Nothing' IV member!

    Being a IV member

    1) Do I know why was such a mass mobilization done on that particular day? Is it because there was a push for STRIVE act as speculated in the forums here? Or is it SKIL we are pushing?

    Ans - I KNOW NOTHING

    2) What is the criteria for getting selected for Lawmaker meetings? Why weren't some selected after following the USCIS-inspired process? ( inspired by Marks skit)

    Step 1 : Submit Labor petition E-IV-LOBBYDAY ( twice)
    Step 2 : Verification by Labor department (or is it Name check)
    Step 3 : Receipt Notice ( Talking Points)
    Step 4 : Waiting...
    Step 5 : Followup with RO (Rally Officer). You are still under Processing Time
    Step 6 : Waiting...
    Step 7 : More followup..
    Step 8 : Retrogression due to insufficient (visa) numbers

    Ans - I KNOW NOTHING

    3) Didn't some members from my state attend Lawmakers meetings? What was the result? Where they positive or negative about our cause? What should we do to followup with them?

    Ans - I KNOW NOTHING


    4) What does it takes to become an 'Active' member as defined by Anil? What will take for IV to trust a member enough to let him know of the purported plan for World-Domination? Or should we just remain content gossiping (with near-core members) and making our own guesses?

    Ans - I KNOW NOTHING

    5) Does my State chapter even exist as of today? Or is it an IV version of Flying Sphaggeti Monster, that we should worship without questioning?

    Ans - I KNOW NOTHING

    With so many 'KNOW NOTHINGS' to my credit, I feel like the member of a secret American political party in the time of the Whigs.


    Hey, You are one of the most sensible forum members I have come across. Keep up the good work and keep the posts coming. I was there at the rally and I agree 110% with you on everything you said above.




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  • sam_hoosier
    11-15 04:04 PM
    Doesn't it sound rude... they celebrate, feast and we fast. If we admire this country for giving us so much we should also show our support and adopt the culture and celebrate with them to show we are tax paying Americans who enjoy in American way.

    We can show our protest by sending 1-wish for our own GC ( may be in the form of Christmas tree ornament) to all law makers. Everybody makes a wish and our wish is GC.

    IMO, it is not rude but definitely brings out the irony of our positions.




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  • guesswho
    06-03 07:36 PM
    I wish there was a better way to establish priority date other than an approved I-140. Anyways...

    I am worried that if I get laid off or other people at our site are laid off, how will it affect my I-140 processing which is pending at TSC? Has anyone been denied I-140 because of layoffs by the company?

    The company said they will not revoke the 140 application and will send me the approval if it comes later (so I can at least retain the priority date if I have to do this all over again at a new company).

    Another thing that worries me is that the company is refusing to do premium processing of the I-140 application, even if I am ready to pay for the premium processing fees. I am at loss how to convince their dense mind what it means to lose the priority date.

    This sounds unfair. Because of the backlogs, you have waited 6 years. Now you got laid off and you lost everything. Would that be the situation if there was no backlog and you were able to get your green card within, say 2 or 4 years?

    I think those government agencies should take responsibilities and compensate for your loss.

    Anyone thought about that?

    :mad:




    akhilmahajan
    12-20 07:53 AM
    Were you on H-1 or EAD? Just curious? If on EAD did you keep on working or had to sit home.

    Will really appreciate your reply.

    GO IV GO.

    Hi guys,

    Thanks for your help guys.

    My MTR has been approved after 70 days and I-485 has been reopened. Though online status has not been changed yet but attorney received an MTR approval notices.

    Ram, have u seen any online updates?

    Thanks,
    Prince




    god_bless_you
    06-30 12:01 PM
    Shadegg Introduces ‘Skil Bill’ To Keep American Workforce Competitive
    Rep. Shadegg – “We stand to potentially lose the next technological giants like Yahoo! or Google if we do not keep America’s workforce competitive.”


    Washington, Jun 30 - As the United States works to maintain its economic competitive edge, U.S. Representative John Shadegg (R-AZ) introduced legislation yesterday to help retain the innovative minds of foreign-born nationals here in the United States.


    “We have benefited greatly from the many foreign-born scientists, engineers, health care professionals, and teachers that help keep America moving forward,” said Shadegg, a member of the House Energy and Commerce Committee. “To our detriment, current policy mandates that we educate and train these brilliant individuals and then send them away to other countries to compete against us.”


    H.R. 5744, The Securing Knowledge, Innovation, and Leadership (SKIL) Act, addresses this growing problem by increasing the allotment of H-1B visas, returning to the prior, higher level of 115,000, with potential for future increases. The bill would also allow foreign nationals who graduate from U.S. universities to stay in America and contribute to our economy by joining the American workforce.


    “Unfortunately, we are not graduating the number of Americans with advanced degrees in math and sciences that our high tech and medical industries need to compete. Until we can fix the problem of not having enough highly skilled American graduates, we need to pass the SKIL Bill.”


    Shadegg went on to say, “We stand to potentially lose the next technological giants like Yahoo! or Google if we do not keep America’s workforce competitive. We must maintain our edge by providing opportunities to highly educated and skilled individuals interested in staying here in the U.S.”


    In 2005, foreign nationals earned more than 40 percent of the master’s degrees and 60 percent of the doctorate degrees in engineering awarded by U.S. universities.

    http://johnshadegg.house.gov/News/DocumentSingle.aspx?DocumentID=46437



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