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  • chanduv23
    07-08 11:23 AM
    I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.



    Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.



    This is really a very unfortunate situation.

    The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.

    Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.

    On the practical side, vast majority of employer have no issues with such EVL letters.

    Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.



    It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.

    There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.

    I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.

    ---------------
    Life is not fair; get used to it. - Bill Gates

    Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates


    .

    Your perspectives go well beyond what an average immigrant thinks about the whole EB system.

    I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.

    In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.

    I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.

    A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.

    I am not blaming an employee or employer for this but this entire EB based system is set up in that way.




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  • LC2002
    08-15 08:08 PM
    Got CRIS email today Card Production ordererd for my EAD renewal. Spouse's EAD filed in June still pending thanks to USCIS LIFO policy.

    No updates in I-140/485.




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  • meridiani.planum
    08-25 01:25 PM
    ,... I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.
    ....

    its the same script, just the actors change.

    P.S: Remember you from your days on immigrationportal.com... thanks for spending time on IV. The new-kids-on-the-block are always jumpy and eager, many old-timers who have been beaten into submission by USCIS appreciate your expertise and words of caution...




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  • nosightofgc
    11-17 03:12 PM
    Done. Also forwarded the message to colleagues.



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  • purgan
    10-16 01:26 PM
    IV

    I have a feeling that the restrictionists may seek to attach HR 6283 along with the SKIL Bill to any appropriations bill...the restrionists have long been trying to cut family immigration (which they call chain migration)..what do you think?

    NUmbers USA are asking members to send this fax to their representative...

    ====

    Dear Representative XX

    I believe that cosponsoring H.R. 6283 is the single most important immigration action you can take right now to remove injustices caused by too-high immigration and to move US toward environmental sustainability.

    Until the late 1950s, America's immigration tradition of family unity had only included spouses and minor children. Since then, however, immigrants also have been allowed to sponsor send for their siblings, parents and adult children for legal admission into this country.

    Because each of those can then bring in their own adult relatives and nuclear family, a single immigrant can eventually be responsible for the arrival in the United States of his/her aunts, uncles, nephews, nieces, first cousins, second cousins once-removed, in a spiraling chain that eventually could reach most of the world's six billion-plus residents.

    Our immigration policy, particularly as it pertains to �chain migration,� is out of control. Please put an end to it by supporting H.R. 6283.




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  • royus77
    07-07 09:37 PM
    Yes, if we work on our state chapter and get some idea how many members can join in DC then we can talk about it to core members and see what they think.

    Let start a Poll for the DC rally for next week end ( poll end date tuesday night) .We will take a call some time then.Putting on the main page will enables nearby states people to join



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  • viveckj99
    10-02 10:16 PM
    Hi Vivek,
    What time was your package delivered on July 16th

    It was reached on July 16, 09:00 AM Lincoln,Nebraska,no RN yet :(




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  • hmehta
    07-20 12:45 AM
    I pledge to contribute $100.



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  • mnq1979
    09-23 01:52 PM
    Hi mnq1979,
    The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
    It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
    I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
    More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).

    GOD!!! to be honbest with u my situation is same like urs....like my wife is also too happy that we have received our receipts # for i485 and that we will soon get our ead hopefully....now she has started tellign me that she has jst # of days left of being dependent on me!!!! man it was fun to have 1 dependent as u can rule her...but now is smeeling freedom...anywaz....hope for the best.....thanx




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  • chi_shark
    07-10 11:28 AM
    so this case has some merrit, however, the very core of this case is based on the employment being annually renewable. which means that the petitioner had to take periodic active action to be employed with the university employer... thats where the argument broke down for the petitioner... further, it is VERY GOOD to know that USCIS actually made an attempt to consider this emloyment for I-140 approval. it is good to know that they deliberated and then decided to reject instead of summarily rejecting on prima facie facts. one more very good thing to know (and avoid for ourselves) is that the petitioner in this case represented himself (no lawyer). its possible that if there was a laywer involved, they could have brought up some more documentation or at least shown the light to the university's staff as far as requirements are concerned. further still: no talk was engaged into as far as ability to pay is concerned. FURTHER FURTHER still: this case is about I-140... and we are all talking primarily about I-485 and AC21 cases within....

    looks like this case actually tells me that maybe we could do self-employment easily...

    Link to EB-1 case where I-140 was denied because job offered was not "permanent".

    Link
    http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf

    As per this document
    .



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  • rsharma
    09-23 01:33 PM
    "EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.


    EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

    EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

    Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

    P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.




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  • rustum
    09-25 12:46 PM
    Case might have got transferred to CSC. I applied on Jul' 23rd and no news yet.

    Thanks,
    -rk.

    Rk,
    Thanks for your reply. Lawyer sent 140 to Texas. But, it was transfered to NSC and got a receipt from NSC for 140. Do you think it is transferred to CSC not toTSC?



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  • amitjoey
    07-09 06:02 PM
    Which is fine but the order by ground shipping will probably reach a week later.

    Oh!!, That's no good. Anyways, lots of florists have same day delivery for real flowers. So lets stick with real flowers, If I had a choice, I would send them fake flowers.




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  • vbkris77
    05-04 10:52 PM
    (d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


    This basically tells me that they need to be given the same status only if they can't given immigrant visa in other category. But if they can be, why should they be used in this category? As someone said earlier, FB for Family is actually better than EB2. So this basically rules out their rational on giving EB2, EB3 dependents on this VISA.

    I am not talking about EB1 here.

    Naveen, I haven't given you any Reds. I feel sorry for your situation. Guys, lets discuss and analyze in a constructive way and don't go personal. None of us here will get GC twice by chasing someone's moral down..



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  • Ushakiran
    05-10 01:28 PM
    Apparently, that guy is from ROW, and pretend being an Indian. otherwise, why he does not know India itself is a huge country with so many different languages, cultures, etc? isn't that diverse enough?

    EB based GC should NOT have Quota (.) We are already IN the system. How will it effect diversity. Diversity visa are meant for divesrsity. EB is skill based and only skill should be cared for,




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  • zoooom
    07-19 07:39 PM
    Done
    Also..How can we let other members know that a thread like this exists...



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  • sam2006
    07-19 08:13 PM
    Thank you

    waiting4gc
    gcsomeday

    comon guys we will aim atleast 5 more today




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  • srikondoji
    07-05 11:08 AM
    I sent it for Friday deliver.

    http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=0&Go.y=0

    cost 24.99 to be delivered Friday 7th. Search for F488

    Merchandise Subtotal: $ 24 .99
    Service Charge Subtotal: $ 13 .99
    Discount Subtotal: $ (5 .00)

    Your Order Total: $ 33 .98 All prices are in US dollars

    Message to Emilio

    Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.

    -- let the campaign begin..




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  • legal_gc_seeker
    05-11 05:31 PM
    Guys,

    VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.

    Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.

    I need IV Core help for this.

    I don't think this is as simple as you say. Probably this would not affect young married couple who may have very young children and some may not even have one. This will affect children of those immigrants who are reaching 18 or 21. The law says you can get the dependent GC only if you are under 18 or 21. All of them will be affected. (I was not sure of the age if it was 18 or 21). They will be in limbo.

    The best thing would be not to count them in any quota like they do for immediate relatives of citizens.




    VivekAhuja
    09-17 01:42 PM
    Vivek Ahuja - Apparently you didnt read the note completely or misunderstood it. All we are saying is be consistent or give our money back.

    Yes, we chose to come COZ we were offered to come. We are not complaining here. We want them to follow basic rules.

    On a side note, if they dont need immigrants not sure why they created H1B?

    No one is doing anyone any favor here. We want everyone do their job.

    And not sure whats your agenda of sending this note other than being extremely rude and ignorant.

    *********************

    I know the truth hurts but just because it is the truth does not mean it is rude or ignorant. Be realistic!




    gcspace
    10-17 09:31 PM
    I'm very glad to hear the news. Let us see when my checks are going to be cashed. By the way, was your 485 packet signed by F.HEINAUER @NSC on July 16th?

    I did called NSC IO yesterday and she said that my packet must have been in caught up in the front log.

    Looks like all our 485 packets have been xfered to TSC from NSC. Hence SRCXXXXXXXXX

    fetch_gc,
    My packet delivered on July 16 signed by R Pitcher 9a.m. at NSC.
    I am hoping yours and Vivek.. package was also in the same bundle.

    Just curious, what is a front log ??



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