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  • javadeveloper
    07-20 02:15 PM
    looivy, Please have a conversation and don't turn this into a pissing contest.

    What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..

    Again the original poster is correct in his statement.

    my .02$

    Correct me If I am wrong

    out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.

    Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....

    Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved

    Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.

    Many people are saying that EB3 members are not contributing that's why you are lagging etc...

    EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...




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  • Kodi
    07-24 11:33 AM
    EAD Paper filed at TCS EB2 ROW

    USCIS Receipt date: April 18, 08
    FP done: July 22, 08

    No LUDs, No EAD yet.




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  • nefrateedi
    09-18 05:21 PM
    Hello,

    As my lawyer has used his checks to pay my 485/765/131 fees, there is no way of knowing whether the checks have been cashed. I did called my attorney a couple of times last week and he told me that checks are NOT yet cashed.

    So I'm still waiting to hear from the lawyer abt the receipts.

    And it looks like your package was handled at NSC itself, instead of getting transfered to TSC or CSC, hence the LIN#.

    I will let you know once my receipts are in.

    Thx

    Yup, it was receipted at Nebraska. By the way, I tried entering my receipt #s on the website again, and this time it worked...:D




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  • jessie1981
    06-12 03:51 PM
    used to be at most 90 days. If not u could have gone to ur local office and get temp EAD. It changed no more temp EAD. You r at the mercy of USCIS.

    what can u do if u still have no EAD after 3 months? Endless waiting?



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  • kk_kk
    11-17 07:28 PM
    done. Thanks




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  • hiUS
    09-17 12:49 PM
    Call USCIS and enquire about your card and also verify if your address in their system is correct. Also, get an appt with local USCIS office. All the best!!!

    Called USCIS couple of times but I did not get the right response till now. They used to end the call abruptly.

    But just now I called again, she told that they need to upload the Biometrics from CSC and she will do that. She told that I will get the card in 30 days...may be the regular time which they mention.

    And she told not to take any Infopass appoitment and just to wait for 30 days.



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  • chmur
    07-27 12:08 AM
    If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.



    That is your take ....or they could end up distributing the spill over Visas equally among all EB categories because the original quota is equally distributed too. This benefits both EB3 and EB2.

    Please do not try to pass on your opinions as facts ...they are not.




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  • dingudi
    05-21 10:04 AM
    All who are still waiting for FP, a suggestion based on my personal experience. If you are calling TSC, then it will not make any difference as you will not receive FP notice even after calling and waiting for months. I would suggest take Infopass and get the FP scheduled. For NSC, sometimes if you get nice IO they may schedule you right away and tell you the date of FP on the phone itself. This info is all based on my past experiences of reading various threads and calling TSC. So I am not sure what the trend is right now.



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  • desi3933
    06-28 09:59 AM
    No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).

    What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.


    BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.

    Read I-9 form. Employee must have work authorization before he/she can start work.

    Read more here
    Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)


    My turn to ask you a proof.
    Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?

    I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.

    Regarding the hiring part,
    first read here about H-1 visa
    H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)

    The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.

    Now, read more about H-1B LCA here
    http://www.lca.doleta.gov/h1bcl_nw.pdf

    Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.

    On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.

    More about LCA here
    http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf


    Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.

    Hopefully, you will trust lawyer more than me.

    Have a good day!




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  • BharatPremi
    09-19 07:14 PM
    Any solid prediction on EB-3 I

    I think EB-3 I are hopless. Looks like everybody excited in EB-2 Jump and we are left to suffer ..:(

    By August 2009 buletin, EB3-I will settle between 2005 Jan-May.



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  • WaitingYaar
    06-07 10:28 AM
    AFAIK all 485 filings have to be sent to NSC. Also, does one need to attach the original I-140 approval with I-485 or a copy of it will suffice?




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  • doshhar
    07-08 07:54 PM
    Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)

    I can gather 100+ people from Chicago..



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  • gcnirvana
    05-30 12:57 AM
    1. I sent emails to Senators again.
    2. Sent another issue of my story to 50+ journalist/newspapers again.
    3. Sent Webfax again.

    Cmon people...this is the only change we've got and IV is the only hope we can hang on to. Please use it to the fullest.

    Go IV Go...




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  • conchshell
    05-09 10:53 AM
    I can read and feel the anger and frustration. But I have seen this every time a retrogressed visa bulletin was released in last ten years. Appeals for unity and and urgent need for action. However, it turned out to be a storm in a tea cup. Hope its gonna be different this time.



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  • vkjanam
    02-11 04:20 PM
    Here is my txn id.

    6AC8222127337981C

    thanks




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  • RockyRocky
    09-03 02:47 PM
    I got the welcome notice in mail.
    I got the cards in the mail.


    I did not get the 'approval notice' yet(mailed on aug 22).
    Does it matter?

    sk2006, could you please share more details ?? like when exactly you got card production email , when u got approval notice email and when exactly u received physical GC.



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  • gc_check
    09-24 08:32 AM
    ---
    Guys wake up and fight to make the porting rules very strong if not stop porting. The rule should be if I140 for porting is denied then the applicant 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 fraudulent applicants cannot port from EB3 to EB2.
    ---

    There are many genuine cases, who could have applied in EB2, but due to some erroneous counsel by employer or legal, ended up in EB3 category. Having an option to port PD when applying under alternate category is available, and people eligible taking advantage of this should be allowed to do it and encouraged. Given the market condition, if some one could qualify under EB2 and successfully secure a EB2 labor/I-140, then it must be welcomed and only genuine cases could do so. People with EB3 PD of 2001 or 2002 and waiting for GC might already have worked one or two years prior to starting the process and might be in country working for almost a decade and some even have done their Masters and have the experience. With all this, if they take advantage of this, then they deserve it. I am not able to understand your concern, and also expecting/requesting the porting process to be stopped !! Does not sound right.




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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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  • zoooom
    07-19 09:18 PM
    I will pledge $100 for this drive
    Thanks!




    GCStatus
    09-15 04:28 PM
    Is it possible to hard wire this thread?

    No reply from ADMIN yet?




    mygc2006
    09-18 08:52 AM
    I got EAD Card Production ordered email yesterday for my wife!

    EAD mailed to TSC - Aug 14th
    ND - Aug 19th
    Approval email - Sep 17th

    Thanks and wish you all good luck!



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