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  • ssa
    07-13 10:59 PM
    I agree. It would be 100 times easier to re-file under EB2 and port your PD individually than to get USCIS/DOL to change their rules (howsoever they choose to interpret it). Just see what % of our previous campaigns were successful in the past in spite of all our efforts...

    On a related note, after reading this long thread I couldn't help but wish all other IV campaigns (admin fixes, fund raising, house bills) could arouse such passion and involvement from IV members. Now, I'm NOT saying any particular category (EB2 vs Eb3) volunteers more than the other - its just matter of individual initiative, period - but it seems somehow our collective psyche is at ease as long as we all are stuck in the rut as a whole. Efforts to get ALL of us out of this mess do not fire up this much passion..




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  • unitednations
    07-19 02:07 PM
    It looks like this thread has really started to make peope think of the "status issues".

    A lot of people have sent me PM's to assist them. However; I can't take this off-line; therefore, please resist from sending me PM's.

    Reason I participated in this discussion was to highlight some of the things that people should think of and determine best courses of actions.

    attornies and the like are very busy doing their current work. There is a high chance that they may not do the proper due diligence or ask you the proper questions before they file.

    You all need to have a very thorough discussion with your attornies and take second opinions where necessary. I can tell you that depending on your attornies case load; how many phone calls they are taking; they may provide you advice that would suit their own needs (ie., get you off the phone the quickest and let them carry on with their normal duties).

    Unless the law changes; everyone will be stuck in retrogression for a long time. If UScis should pre-adudicate and deny 485's then you will lose the opportunity to re-file for quite some time.

    This is an important topic as this is what uscis mainly looks at in the 485 stage. I suggest people discuss it with their attornies and make sure you have every situation covered before you file the 485.




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  • mariner5555
    04-09 11:29 PM
    we may be thinking that the points below are a worst case scenario but according to the famous economist Roubini - this is a likely one.
    on the lighter side - if this really happens then even the mighty GC would finally become just a card.:rolleyes:
    --------
    1. We are experiencing the worst US housing recession since the Great Depression and this housing recession is nowhere near bottoming out. Housing starts have fallen 50% but new home sales have fallen more than 60% thus creating a glut of new –and existing homes- that is pushing home prices sharply down, already 10% so far and another 10% in 2008. With home prices down 10% $2 trillion of home wealth is already wiped out and 6 million households have negative equity and may walk away from their homes; with home prices falling by year end 20% $4 trillion of housing wealth will be destroyed and 16 million households will be in negative wealth territory. And by 2010 the cumulative fall in home prices will be close to 30% with $6 trillion of home equity destroyed and 21 million households (40% of the 51 million having a mortgage being underwater). Potential credit losses from households walking away from their homes (“jingle mail”) could be $1 trillion or more, thus wiping out most of the capital of the US financial system.
    2. In 2001 it was the corporate sector (10% of GDP or real investment) to be in trouble. Today it is the household sector (70% of GDP in private consumption) to be in trouble. The US consumer is shopped out, saving-less, debt burdened (debt being 136% of income) and buffeted by many negative shocks: falling home prices, falling home equity withdrawal, falling stock prices, rising debt servicing ratios, credit crunch in mortgages and – increasingly – consumer credit, rising oil and gasoline prices, falling employment (now for three months in a row), rising inflation eroding real incomes, sluggish real income growth.
    3. The US is experiencing its most severe financial crisis since the Great Depression. This is not just a subprime meltdown. Losses are spreading to near prime and prime mortgages; they are spreading to commercial real estate mortgages. They will spread to unsecured consumer credit in a recession (credit cards, auto loans, student loans). The losses are now increasing in the leveraged loans that financed reckless and excessively debt-burdened LBOs; they are spreading to muni bonds as default rates among municipalities will rise in a housing-led recession; they are spreading to industrial and commercial loans. And they will soon spread to corporate bonds – and thus to the CDS market – as default rates – close to 0% in 2006-2007 will spike above 10% during a recession. I estimate that financial losses outside residential mortgages (and related RMBS and CDOs) will be at least $700 billion (an estimate close to a similar one presented by Goldman Sachs). Thus, total financial losses – including possibly a $1 trillion in mortgages and related securitized products - could be as high as $1.7 trillion.




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  • anadimisra
    02-12 03:20 PM
    There was another thread calling Indians "Cheap".

    "Indian Origin People" is a very broad category of people and only being from the same community does not give you any right to defame the whole community.



    IT HAPPENS ONLY in INDIA(N) ORIGIN PEOPLE



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  • NKR
    08-06 02:14 PM
    Ok, Soni, the person with a heavy Phd head gives me a red, he/she could not argue reasonably in the form and so gives a red in private... so much for her/his phd




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  • willwin
    07-14 08:09 AM
    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.

    fine, then why are we working so hard to remove the per country limit? That was set by law too!!!

    We can't pick only those options that would favor us. Sometimes changes bring hard-luck.



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  • thepaew
    09-29 04:58 PM
    I am an Electrical Engineer by training and I manage and lead an R&D group at an American semiconductor company. We design computer-chips that enable about 50% of the world's cellular phones.

    I will definitely be moving out of the US when the Dems get elected as I do not think that they are capable of making the politically tough but necessary decisions on immigration. They are beholden to too many populist groups and will make the immigration issue a class-based fight. I've had enough of paying taxes, creating $$ & jobs for US-based companies - I've been waiting since 1999.

    I am of course thankful to the US taxpayer who has paid for my graduate school tuition and board, to the US-companies that have given me opportunities that are equal to native-born Americans, and to my American friends for their friendship and hospitality. But prudence demands that I hedge my bets and I will have to relocate to friendlier shores.

    Thought I'd share my experience. Good Luck to All.

    By the next Presidential Election I will have mostly gotten my green card. I know I won't be eligible to vote then, but I will still be eligible to donate to the election campaigns. I have decided right now that whatever may happen I will donate to that party which makes my journey to the green card easier and faster.

    I also have a plan B if I don't get my green card in next 24 months. I am a chemical engineer by education and profession with a US graduate degree in chemical engineering and more than 7 years of work experience in a premium organization in the oil, gas & chemicals industry. Everyone is more than aware how good the oil, gas & chemicals industry is doing worldwide. I very well know that I am a hot commodity in the job market in the whole world. Those who have traveled on Singapore Airlines must have seen advertisements in the Singapore airport displaying that oil and gas is their largest (next to Singapore Airlines) revenue making industry and they need qualified and experienced personnel. Job advertisements in the airport? Wow! Think why Alberta is the hottest place these days. I got an invitation from Canadian Government to apply for Canadian green card, citing my occupation. Australian Government has declared Chemical Engineering as the occupation with the highest demand in Australia due to their conventional mining and metals business and now the newly found gas reserves in north and west parts of that continent. This is my plan B. I have already secured an Australian Permanent Residency and that too in 6 months time. Hats off to the highly efficient immigration department of the Australian Government. In addition I already have 3 job offers there - one each in Brisbane, Melbourne and Perth.

    I have 2 burning innovative ideas in my mind - one related to biogas and carbon credits and the other related to water desalination. I have kept both of them on hold right now until I get the US green card. I know I will work on them but not sure which country gets the benefit - USA or Australia.

    Then why am I sticking around here in the US? 1. I have a US graduate degree, 2. Both my daughters are born here and are US citizens and 3. I can't deny that I have started to put down my roots here. 24 more months and will not hesitate to quit USA and settle in Australia. It will be tough, but can't help it being forced to do it.

    P.S. Two of my friends with similar background as mine, have left for Australia for good in August this year. They have settled in Sydney. Another acquaintance with occupation related to oil & gas, has migrated to Perth.




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  • file485
    07-11 08:03 AM
    pthoko..

    wait for UN's reply..

    but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..

    * i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
    * 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.

    btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..



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  • nogc_noproblem
    08-26 11:00 PM
    This is awesome�����.


    This is hilarious........


    http://odeo.com/episodes/7076453




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  • GCmuddu_H1BVaddu
    01-09 10:21 PM
    sunnysurya Hate Converting EB3 To EB2.


    A supporter of terrorism left a red dot with this message:
    "if u r so concerned about india and attacks on india,,,what are u doing in US? U should be in politics in india if u think so bad about the indian politicians,,,go get ur hand dirty in it first then blaim the politicians"

    My very simple reply to that person.
    ---

    I am in every right to express the concerns for my country of origin. Of course not blindly. It takes for ever to hang Afzal Guru and almost no concrete repsonse to the bombings in Delhi, Gujrat, Karnataka, Hyedrabad etc etc, which directly affect my freinds and family over there. If it is not politics then what it is.

    Finally, if Jews can express their concerns for Israel (which I also support full heartedly and unconditionally) so can we, with the same passion.



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  • number30
    03-26 04:48 PM
    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.

    We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.




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  • rvr_jcop
    03-26 07:21 PM
    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?

    Thanks for bringing this up. I hear so many explanations related to the work location.

    The GC is always for future job and you never have to work at that location until you get the GC in hand. So while on H-1 if you are at a different location, but with the same employer, there shouldnt be any issue. But if you are not working for the GC filed employer and if you never have any intention to work for them and used AC-21 to different employer, then that becomes difficult to prove the 'intent to work' at the time of 140 filing.

    The question I heard someone asking, what if the employer filed for Labor in a state where they do not have office but list the client location as the location that you work upon GC approval. I am not sure if that is a possibility. Probably UN could weigh in on this one.



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  • wellwishergc
    07-11 11:48 AM
    Please ignore my previous posting! I saw in one of the earlier postings that you are approved. Congratulations and Best wishes! and welcome back to this forum; Please help us here whenever you can.

    Thanks!
    Is your GC approved now?




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  • ArkBird
    01-09 05:05 PM
    so.. by your logic, Al qaeda has declared war on the United states (they did, OBL issued that declaration some time in the late 90s) civilians die in each war, so alqaeda had every right to kill civilians in 9/11?
    Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.


    American Army was not hiding in World Trade Center and launching rockets on the civilians in Saudi from there. There was absolutely no target of military importance in WTC. Civilians got killed in Gaza because terrorist were hiding among them.

    Quit hiding among women and children and fight like man on battlefield.



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  • learning01
    05-25 06:57 AM
    retrogression is there was no unified voice to atleast speak out, when the serious problems that the legal immigrants are facing was anticipated, write about these issues. Now we have one in IV.

    The only problem in what you advocate is this: while each of us is free to speak as we like, that dilutes our focus and produces a gaggle of voices. This results in lack of attention and gradual erosion of the effort. We don't have a full time paid director / administrators to brings things to order. All work here is at IV is voluntary. That's why we need to stop people from promoting Lou Dobbs. Remember, one swallow doen't make a summer.

    Also remember: these channels have (or may have) an hidden agenda. Rather than pure news and opinion disseminating channels, they are jockeying to be a opinion influencing channel. That's where they fail; when they can't convince people (how can you, in a few minutes of news coverage), they confuse poeple.

    Please do not focus on what Lou Dobbs is saying. If you think this is something that may bring harm to our goals just ignore it. No reason to get rude. Everyone has a right to express his/her opinion. We are in America so we can speak freely.
    It is all fine. Whatever others do say there is a reason behind it. It is either to support or not to support whatevere is being discussed. Some are very good at chosing the words to blur their intentions. Be smart! Read and conclude. Reply without showing your emotions as those may use against us. This is as simple as that.

    regards




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  • xyzgc
    12-22 09:35 PM
    With all due respect XYZGC, I never said Kashmir should be gifted to Pakistan. What I have said is for a UN supervised solution. And I did not change my mind on that. We have fought three major wars and spending crores to maintain the status quo but to what end. It just a pain in @$$.

    I share you concerns about Hindu minority in Pakistan and other Islamic society. But to make it clear neither I am against Islam (Though I DO NOT support the present Islamic Leadership structure) nor I beleive that it is not even remotely possible to covert India into a Islamic Society. But one should be prepared just in case.

    On the other hand , I do beleive that by declaring Pakistan a terrorist nation it will force them to take some drastic steps.

    Yes, we agree. I am also not against islam but against islamic leadership, especially the hardliners who seem to be ruling the Pakistani and drowning out the voices of the moderates and intellectuals there. In fact, nobody is against any individual.
    And you never used the word "gifted". You already provided your reasons for saying whatever you did.



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  • gc4me
    12-18 02:10 PM
    BTW, who is Antulay? I googled but no clue.


    True. No doubt this needs investigation. But Antulay's intentions were horrible.




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  • immique
    07-14 01:30 AM
    what a fantasy land we are in. Do you know what an Executive order from the President means? if any one on the forum has the influence to get an Executive order from the President then this retrogression would not have existed at all.

    It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.

    This is a small incremental step - but it may help with using up a few 1000 extra numbers.




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  • riva2005
    04-08 01:11 PM
    Guys you are unnecessarily raking your brain over this. This is a blatant anti immigrant anti eb green card bill disguised as h1 reform. The people who wrote this bill are the same people who were carrying placards saying "legal immigrants welcome, no to illegal immigration". Now do you really believe them? Even Jeff sessions was one of them and he is the number one opposer of legal eb immigrants.

    Pitha,

    You're going in the right direction. But a slight correction here.

    These guys...Sessions, Grassley etc dont really support or oppose anything on principle. Its not like they have made up their mind about what they think is right or wrong for the country. They are responding to their campaign contributors. Plain and simple.

    I can cite 2 such examples:

    Firstly, Senator Dianne Feinstein. She was against Amnesty. Thru and thru. Now, the spinach and lettuce growers lobbied her. Suddenly, she supported and sponsored Agjobs bill. And what does Agjobs bill have in it? Mini-Amnesty, but only limited to agricultural workers. And this change of heart didnt even take 6 months. Elected officials tend to be very flexible when you are suffering from weight of heavy and burdensome cash in your pockets that needs to be relieved.

    Another example, our own dear Senator Chuck Grassley from the State of Iowa. He is strong opponent of Amnesty. Believes in the rule of law. Always opposed to legalizing the illegals ... except when he doesnt. When does he not oppose legalization? When is co-sponsors Agjobs bill with Sen. Dianne Feinstein? You see, Iowa isnt exactly the Silicon Priarie if Bay Area is the silicon valley so he dunt give damn about them damn H1B scum. But Iowa does grow quite a bit of corn. And suddenly the corn has become a cash-rich crop due to Ethanol. So the farmers of Iowa had a heavy burden of the extra cash in their pockets. Senator Chuck Grassley relieved that extra weight of cash from corn growers and chose to co-sponsor the Agjobs bill that gives Amnesty to agricultural workers.

    This is the data from the Federal Election commission that tracks money in politics and www.opensecrets.org where there is a more user-friendly way to find out the same data of who gives money to whom in politics and lobbying.


    Senator Dianne Feinstein : 2005-2006 PAC Contributions
    Based on data released by the FEC on Monday, February 19, 2007.

    Obtained from www.opensecrets.org : http://www.opensecrets.org/pacs/memberprofile.asp?cid=N00007364&cycle=2006&expand=A07

    TOTAL Agribusiness $97,000

    Crop Production & Basic Processing $47,000
    American Cotton Shippers Assn $1,000
    Blue Diamond Growers $3,000
    Calcot Ltd $1,500
    California Avocado Proponent $1,000
    California Citrus Mutual $3,000
    California Cotton Growers Assn $500
    California Grape & Tree Fruit League $1,500
    California Rice Industry Assn Fund $1,000
    Farmers' Rice Cooperative $8,000
    Florida Crystals $1,000
    Louisiana Rice PAC $1,000
    National Assn of Wheat Growers $1,000
    National Cotton Council $1,000
    National Potato Council $1,000
    Nisei Farmers League $2,000
    Producers Rice Mill Inc $1,000
    Raisin Bargaining Assn $3,500
    Riceland Foods $1,000
    Southern Minn Beet Sugar Co-op $4,000
    Sun-Maid Growers of California $2,000
    Sunkist Growers $1,000
    USA Rice Federation $2,000
    Western Growers Assn $1,000
    Western Pistachio Assn $4,000

    Total Agricultural Services/Products $17,000

    American Assn of Nurserymen $2,000
    American Veterinary Medical Assn $2,000
    California Westside Farmers Inc $1,000
    Farm Credit Council $6,000
    Friant Water PAC $2,000
    National Council of Farmer Co-ops $1,000
    Nestle Purina PetCare $1,000
    Society of American Florists $2,000


    Senator Chuck Grassley : 2005-2006 PAC Contributions
    Based on data released by the FEC on Monday, February 19, 2007.

    Obtained from www.opensecrets.org : http://www.opensecrets.org/pacs/memberprofile.asp?cid=N00001758&cycle=2006&expand=P

    Total Agribusiness $34,500

    Crop Production & Basic Processing $1,000
    Dairy $5,000
    Poultry & Eggs $1,000
    Livestock $1,000
    Agricultural Services/Products $14,500
    Food Processing & Sales $8,000
    Forestry & Forest Products $4,000




    number30
    03-26 06:14 PM
    Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.

    That what our attorney's office said. One guy moved from Houston TX to Austin TX . Earlier we use to get LCA and keep it in file. when we asked the attorney last year he told us do H1 amendment. In doing this amendments filing etc company is losing the business. Now they are planning come out of H1 Business totally




    HawaldarNaik
    12-26 08:44 PM
    However crude the last statement may sound, it is very effective and 2 the point.
    I now beilive that some world powers are willing to work to gether to get this 'headache' resolved in some way (as most of them have now been bit by it one way or the other....though they were first sympathetic to the cause blah blah.....now they have been stung...so have woken up)
    one thing is certain as i specified above, we have to make sure that we put an end to this..and SOON.....otherwise the horror has just begun and they will really be encouraged to attack again...and this time it could be much worse (as u have seen it has progressively got worse)...so time is running out...
    Even if we target the terror camps, i think most of the world powers will not raise a hue and cry...... for that i must say hats off to our chief ('sardar'...means chief), he has really handled this with a lot of calm and composure at the same time effectively....got the world intelligence agencies to come down and validate what we have all along been saying.....and making the whole investigation transparent to the global powers.......NOW it is the time to act....and NAIL it to the opposite camp.........

    And i used to think he was the best finance minister we had....he has proved me wrong cause he could just end up being the best finance cum prime miinister for me



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