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  • sc09876
    08-10 02:42 PM
    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

    Let me just say I am not here to start a EB2 vs EB3 fight. I think the beef is that EB3 is still in 2002 while EB2 is now peeking into 2007.

    However, IMHO, if you extend that logic, since EB3 has much more filings than EB2, EB2 wait time would be unrealistically high. Just my opinion that it defeats the purpose of classification, since in the end, it will be PD based and not classification based.

    Instead the focus should be in "automatic" progression to higher classification if the PD has certain # of years. For example: If the job requirement had 3 years at the time of labor and 3 more years have passes since, 140 should automatically be allowed to re-classify to EB2 (filed or yet to file)

    This way, working for the same employer and adding experience will be an advantage and would not need to change jobs just to re-classify or port.





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  • pmamp
    07-05 01:56 PM
    In the time it took you to write all this up, mayb you coudl have enlightened a senator or two...

    Sai,

    I DO THAT PART. PLEASE DO NOT MAKE ANY ASSUMPTIONS. IF YOU ARE NOT ONE OF THE FREE RIDERS HERE THEN YOU WON'T BE BOTHERED BY DISCUSSION HERE. PLEASE EXCUSE ME FOR BEING RUDE ... YOU KNOW YOU REAP WHAT YOU SOW :(





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  • coolmanasip
    07-24 10:08 AM
    60 days...period of authorized stay.....check with the international advisor in school......





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  • mygc2006
    10-16 02:45 PM
    PD is Aug 2002 / EB3 India / I 140 Approved / 485 Pending



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  • pappu
    01-18 01:18 PM
    we need some more members to keep this effort stay ignited. This effort has helped us get several hundred members in the past few weeks. Pls continue to help. It will only take 15 min of your time.





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  • dreamgc_real
    07-06 09:45 AM
    sent the emails to my senators. Is there a way of sending it to the Senators Grassley, Harkin, Sanders themselves letting them know that we do not agree with their policies??

    (Not that they will change their the minds, but if they do not see our logic, they will never waver in their intent)



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  • go_gc_way
    02-02 02:08 PM
    Gentlemen,

    I visited a link that was posted long time back ... the count on each link increases every day.

    for example the following thread is accessed nearly 90 times, many more will visit it sure.

    http://www.indiagrid.com/cgi-bin/viewarticle.cgi?dmmy=ok&postid=6560&stq=&cat=art

    GIVE IT ANOTHER SHOT , POST IN ANOTHER WEB SITE.

    Increase IV membership, imagine another 10k joining you in the effort and keep it going, all the time





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  • sriramkalyan
    06-10 12:48 PM
    May be we should do some thing dramatic. Like sending letter to Canadian Government, here we are 1000 skilled people with extensive experience and International degrees. Collectively we going to bring in $1 million or more. Can you expedite our Permanent residency!!

    All US senators know that EB immigrants are going through Hell hole of USCIS. They are unable to do anything about it.



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  • yabadaba
    07-24 02:15 PM
    jc menon...have u ever taken a law class? do u have a jd? why are u then so adamant on thinking u "found" the loophole?

    we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.

    there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.





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  • sat0207
    04-27 03:16 PM
    from USCIS website check this link http://www.uscis.gov/graphics/public...ecks_42506.pdf



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  • abhijitp
    07-18 12:57 AM
    As in, if you have a delivery confirmation from Fedex/UPS does it have any significance? It is still not clear if it will be accepted/ rejected AFAIK.

    Have there been any applications that were not even "accepted" because the "packet" suggested it was an AOS application?

    More likely, applications can be rejected for being "improperly filed" but you would only come to know about it whenever they are rejected. No one would know this in advance, so no point worrying about it.





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  • walker15
    09-10 03:28 PM
    Still HR5882 not yet tabled, please stay tuned I will update whatever is happening.
    Still they are discussing HR6020(Illegal Alien left over at Iraq while on duty :)) and it looks like this will drag a bit. So Rep. Zoe Lofgren is fighting for that family.
    Hope there will be sufficient time to discuss HR5882.



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  • mirage
    02-03 01:21 PM
    Do you only do what IV support ? Did I say anywhere I want IV o endorse it ? Didn't we have these discussions over and over before? and the admins telling us to stop because IV goals are set and will not change?
    If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.





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  • sri1309
    09-10 05:27 PM
    Guys,
    The link isnt working for me too.

    I hope things work in favor with this bill today, but if not, we must ask for Citizenship instead of Greencards. Anyone with me.,

    We have all waited for 5-10 year and there are many who got it in one year and then Citizenship in 6-8 years from the day they got their GCs. That was the normal timeframe. But due to their inefficiency, we are waiting this much time. NOT our fault. Now dont you guys think we must ask for Citizenship.. I thought my case was too stressful, came 99, applied 04, waiting for 485 now, but I have seen so many many stories of ohter guys also here who suffered more. I feel we must ask them Citizenship. If we get, great, else atleast we end up with GC.
    Anybody with me,

    Thanks,
    Sri.,



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  • belmontboy
    03-21 04:38 PM
    Unless you have clearly written promise that they will apply for GC, you cannot fight in court. Secondly, even if they did give you in writing, there is no time limit on when they can file.....they can effectively file labor a month before 6th year of H1 and have you out of status and therefore layed off.

    Taking advantage of employees by making insincere promises is not illegal, but is unethical.

    It's good to know about these companies so that other's don't end-up with the same problem.





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  • h1techSlave
    11-10 10:20 PM
    Pushing for such small changes is the right thing to do.

    IV has people on the national advisory board that include the previous USCIS ombudsman, what is their take on this? I have not seen any thoughts from such experts that support this organization on this issue of quarterly spillover



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  • DUNBAR
    09-10 01:50 PM
    EB3 India is in the year 2002. For the applicaiton process, the Perm certifications expire if there is no I-140 filed with a speculated amount of time, I think it is 90 days. For EB3 I with a 2010 priority date now, how does this system justify filing I-485 so many years down the line, when the PERM certification itself was validated so many years back. This process just doesn't make any sense.





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  • chanduv23
    11-22 01:33 PM
    I dont think that is correct - as per my lawyer this is what she says -

    In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:

    1. Your I-140 must be approved
    2. Your I-485 must be filed and pending for at least 180 days
    3. Your new job classification must be the same as in the old job

    If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.

    So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".

    Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.

    Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.





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  • ajthakur
    07-14 06:54 PM
    So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.
    Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.





    mallu
    02-17 01:03 AM
    .... African slaves in US didn't become free because they fought with their owners. They became free since President Lincoln decided that slavery had gone on a bit too long.

    ...
    A better example would have been the civil rights movement by Dr. King .





    dvb123
    04-04 10:31 AM
    I think that there is little sympathy or need for the government to reform employment based immigration for IT people. I believe a lot of professors, researchers etc are stuck in EB2 category definately because very few people qualify for EB1. If IV collects a list of these people and then gets petitions from them I think there will be a good case to present to the Senators.



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