Thursday, June 30, 2011

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  • kdprasad
    08-13 07:58 PM
    My wife got her receipt notice today

    RD: July 2nd, ND: Aug 6th.

    Did the checks get cashed?? I rcvd the receipt notice for both my wife and myself but the checks are not cashed for my wife (I cannot check on my checks that are provided by the company)




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  • BECsufferer
    05-09 07:46 PM
    I am appalled by this development, but their is little in our control over this development. Evidently, it's repurcussion of mass conversion of EB3 to 2. But again that is not what we want to discuss over.

    Their were couple of good suggestions, re-initiate Thank You/ Rose campiange and write mass letters of concern to Admistration. Petitions or challanges in court won't work, as immigration is not a right but previlage granted by USA. And USCIS will have sufficient data to back its claims.

    Can we re-surrect mass letter campiange to Senators and Adminstration?




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  • dhesha
    08-27 12:05 PM
    Yesterday we got our cards for myself and wife. Good luck to all who are still waiting.




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  • greenguru
    04-30 01:53 PM
    I guess it should have been 2004. As perm started in 2005.



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  • delhiguy
    07-08 05:54 PM
    No onde denies that we cannot vote. But we have the basic rights, like being treated "equally and fairly". For example, if some employer violates labor law and did not pay you for your work, I am sure you can sue, even though you are not a citizen. There are some basic rights that everyone has, esp. if you hold good fainth and are damaged. Statement that you do not have any rights as you are not a citizen is just wrong. I am wondering how this will impact people's (esp. people from other countries) perception about this. :confused:

    Sir,
    What i said are my views after reading through the internet, I may be wrong.
    We would now have to wait for the lawsuite judgement , to know where we stand.

    I planned to sue my previous employer and i called a labor lawyer , when i told him i am on h1b , he said that i need to call some lawyers who specialize in h1b labor law, as his expertise is in labor law specific to us citizens..




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  • permfiling
    12-16 02:11 AM
    Well...I came in 2000 as a student...infact I had more stress in US ...never worked so hard..worrying about everything ...so i would put that I had a good time in india only...as I never imagined that I will be doing hi-tech bonded slavery..play to your mgr/employer's whims ...

    Going to india atleast every 2 years, I see lot of potential and oppurtunities for business...tatas, mittal, infosys are buying companies in US so money is in asia now so you see all US companies flocking to tap Asian mkt. Having said this, I think I am looking back to go to india after couple more years of stay.

    Cheer up as wherever you are, you make your surrounding good....

    At the end, all bogs down to how happy you are !..:cool:

    contributions $500


    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?



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  • suresh1
    08-20 09:29 AM
    140- approved by TSC 6/06
    LUD - 7/28/07
    485 - sent to NSC on 7/03..
    No response yet..




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  • BrazilianCitizen
    06-06 02:05 AM
    EB2 - PD: Dec/2004 - filed June/4. I will let you guys know when I receive the receipt notice.
    Thanks for starting this thread.



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  • chunky
    08-14 08:30 AM
    Do remember that their is different receipt for 485, 131, 140 and 765 which means they need to generate more than 80K receipts for July 2nd filers only. I filed in late July. Looks I have to wait more

    On aug 9 th, USCIS nebraska center issued a total of 4063 receipt nos for 485, EAD, and APs.
    see the link http://.com/discuss/485eb/20866725/
    From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.




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  • n_2006
    06-27 10:29 AM
    If you are consulting and not getting bench period salary, try to be out of project for some time and ask him to pay for that period. According to H1B he supposed to pay the salary. Probably at that point he has to let you go.


    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.



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  • GCStatus
    09-15 12:26 PM
    Friends,

    I have created a Shared Spreadsheet with the list of people who have pledged in favor of this effort.
    http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#

    Everyone can view it, but unfortunately, i didn'y think it was ideal for everyone to edit. I will be more than happy to grant Edit access to a few more folks who are willing to help. Also, from security point of view, i think we should add our IV handle instead of real name. Since we have email ID's and ph#, we can be in touch as soon as it it time for action.

    Please keep sending me ur details to add to this list. Remember, we only proceed if we have atleast 1000 pledged members.

    I will keep publishing this sheet from time to time on this thread so people know.

    Please keep pouring in with ur suggestions.

    And we will proceed if its more than 1000 too ;-)




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  • TheOmbudsman
    10-26 11:08 AM
    Your points are correct. The real question is how many more can the country take without going unsympathetic to immigration. That's their country and their decision you know.

    You guys migh want to read this, if you haven't done so that already. Great article that helps you understand the shift in posture. I am afraid that things will get rougher for us. Fortunately we are in the best position possible, if we learn how to take advantage of this situation (assuming that we ever get the GC!).

    http://www.spiegel.de/international/0,1518,439766,00.html
    Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.

    The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.

    US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.



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  • Rohan99
    10-02 11:59 PM
    If you are still waiting then please add your name

    Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,

    here is list of July 3rd at 9:03 received by R.William
    --------------------------------------------------------
    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1

    July 5th
    --------
    chalamcharla

    July 16, 9:00 am at Nebraska signed by R Pitcher
    --------------------------------------
    viveckj99




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  • drona
    07-09 06:13 PM
    Done. It was on the original press release but I went ahead and removed it anyway.



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  • SGP
    09-27 09:45 AM
    saw an interesting video on youtube the other day. The first thing that came to mind was the eb2-eb3 fights. If only we can fight together rather than each other ! ;)

    youtube - every indian must see this video (http://www.youtube.com/watch?v=dc4ultkrjsw) exellent one. United we stand divided we fall. The british too took advantage of our non-unity. Let's learn a lesson from our history.:)




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  • h1bmajdoor
    07-07 08:57 PM
    All officials have talked about processing 60k visas in a month to avoid visas going waste.
    None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
    So, why the mad rush to give out all visas by 06/30?? We all know why..

    some people say this was because of the Kennedy-Bush bill... to get good press for the bill.

    IMO that may be true, but having seen the way US works, i'm willing to bet 25 cents that some high official's bonus depended on ending retrogression. So he did it, for all of 2 weeks.



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  • desi3933
    07-09 12:24 PM
    Section 245.1 (g)

    (g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
    245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.


    [Emphasis added for clarity]



    ______________________
    Not a legal advice.[/QUOTE]




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  • alterego
    03-08 06:27 PM
    Very well written. I can tell you through my observations of living in this society for 35 years:

    1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)

    2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)

    3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.

    4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.

    5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).


    Now I don't want to get people upset but let's look at some things that have happened since 2005:

    There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.

    In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.

    In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas

    Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.


    Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.

    Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?

    This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.

    In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
    As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
    In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
    This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.




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  • rsayed
    08-26 06:32 PM
    Finally -

    Received CPO mail today, for both myself and my spouse - Aug 26th @ 4:30pm. Here are the details -

    EB2-I
    EAD Renewal - Receipt Date - Jul 8th, 2008
    Notice Date - Jul 9th, 2008
    CPO E-mail - Aug 26th, 2008

    Total processing time - 49 days

    Don't know if it's one or two years validity. Will post once I receive the physical cards.




    vjkypally
    07-20 09:37 AM
    Please keep this thread on the top




    leoindiano
    01-26 05:35 PM
    called USCIS on jan 4th, they said they are scheduling, it will take 3 weeks to get the notice, till now nothing.
    called yesterday again, this time they said 45 days. Opened SR. I am hearing no use with SR. Not sure what is going on?
    Meanwhile, i gave this procedure to a freind and they got notices.

    Can anybody tell me if there will be an LUD on i-485 when they issue a FP notice?



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