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  • diptam
    05-31 11:11 AM
    Guys -
    Dont lose "Hope". Its the most audacious word. I left the country in May 2009 with frustration , anger and the fact that whenever I was finding a contract in that tough times peoples were even NOT interviewing me the moment they heard that I'm a "H". They dont want to hear if I have EAD or my GC is going on - PERIOD. The vendors and contacts who loved me ( because they ripped high billing from me in 2000-2009) even started ignoring me.

    I felt harassed that i'm fighting on a "non-level" playing field. Eventually I got something at CA (I live at MA) for 55/hour and on the other hand I got a top notch salary offer from a US born Hardware company's Offshore office at Bangalore, India. They SHIPPED all jobs from US to India. I took that offer because I have my Old parents there at India and missed their company for 9+ yrs ( apart from regular vacations).

    However I could not adjust with several things there and ran back here after 10 months and found a truly EB2 job and ported my EB3 Mar 2005 Priority Date to EB2 in less than 1 year - I'm CURRENT ( YAAAYY !!) and Waiting for GC to come any day....

    By the way - I'm not M.S from US or any kind of masters degree holder from anywhere. I have a strong B.E degree from one of the Top 10 engineering colleges of India (not I.I.T though) and 11+ yrs US experience and 12+ yrs total IT experience in my kitty.

    Nothing is impossible - Wish Best of Luck to all EB3 India guys , you have the ability to turn the game , just play it truthfully and play it smart.

    Let me know if anyone needs any help - Email me or PM me.

    Regards,
    Diptam

    EB3 is not working, because we have no hope, not because we all went back or have ported.





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  • Jaime
    09-22 06:46 PM
    Yeah.. what next? shower caps? then groceries? C'mon man. Overdose of anything can be detrimental.

    Just conveying a message is not sufficent. It should be the RIGHT message in a proper way. Flowers was good, because it was the first time something like that happened and it was unique.

    No, we are not going to abuse this and we won't be sending stuff over and over. But stoppers have a very Specific significance: to educate and differentiate between legal and illegal. A stopper says "Stop the reverse brain drain"...A stopper would pique people's interest becase we are typically lumped in with illegals, and a stopper does not exemplify what illegals are. Illegal immigration's message is: "legalize us and help new guest workers come", our stopper says "We are already legal and are already leaving, fix this before we all leave"





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  • coolpal
    07-23 09:28 AM
    Mine was delivered to NSC on July 2nd at around 8:30am...
    EB2, PD: Dec 12th 2006

    Guys do you think we'll see receipt notice and FP Notice before Sep 28th? I have my vacation to India starting 28th... Hope It'd be cool :confused:

    pal :)





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  • newuser
    05-07 09:42 AM
    Count me in. Did attend the 2007 rally.

    Any one from Philly area for a car pool?



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  • pd_recapturing
    10-24 08:06 PM
    no-it is something else....attitude of positive expectancy... ;)

    often times i have noticed that the blissfully ignorant GC applicants come better off than rest of us- who act like chicken with the head cut off after every bad news!!! may be they dont worry too much and look at it from a whole another perspective...who knows...i wish i could be one of those, but i am too far in the game...damage is already done...:D
    Awesome observation !!! absolutely right !!! I guess, I also need some break tracking immigration web sites .. its high time ...





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  • nk2006
    03-04 03:10 PM
    ..........
    You mention your wife showed them a copy of rules pertaining to AC21. Can you post a link or post them here.

    My lawyer never advised me to carry any such documents.
    .

    As you may know, AC21 is not exactly a rule but is a guideline to the adjudicators in the form of some memos. As far as I know there are at least two or three memos addressing various issues concerning AC21. These are: William Yates Memo Dated August 04, 2003 and Michael Aytes Memo Dated December 27, 2005. You might get them by googling for those (could be in some threads or blogs on IV itself). In addition to these we also had all the documents that we sent to the USCIS as well (AC21 letter, copies of I140, old job and new job description). Yes its kind of too many documents to carry (and some might see that as a over cautious) - but after the last episode we are inclined to carry them along every time we go out of the country.



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  • gcgamble
    08-15 10:35 AM
    From everything I've read before, it is safe to stay with the sponsoring employer for at least 6 mos.

    There have to be extenuating circumstances to leave earlier than that, and be prepared to elaborate during the citizenship interview.

    Citizenship is going to happen only after 5 years . But by then it would be long time gone .

    the only way that they could find out would be based on your tax return.DO they really scrutinize to that extent?





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  • bugsbunny
    04-21 01:57 PM
    That's not correct. Such frequent reentry after exit will certainly lead to suspicion by an Immigration office at PoE. In fact the intent of 10 year visitor visa is not 10 years of permanent residence. If there is no convincing reason for such frequent reentry you are mostly likely looking at serious interrogation or deportation at the airport. There is no substitute for a GC for your parents if you want them to be with you permanently in the US. Visitor visa has a specific purpose and intent, abusing it could put your folks serious trouble. The other issue with such long term stay on Visitor Visa is - medical insurance - unfortunately there is no good, reliable and comprehensive medical insurance that covers elderly visitors on short trip.

    Health insurance is not an issue these days as there are several indian firms covering it for foreign travel



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  • NWISE
    05-27 04:28 PM
    I agree with va_dude.

    CIR will cater for a larger audience and as such it will most likely generate greater emotional response and debate. Also, given the current economic climate, "Employment Based" is not the most favorable buzz word for anyone on Capitol Hill.

    We have to keep in mind that unemployment might still not improve until second quarter of next year and if the CIR is brought up this year, "Employment Based" bits in the bill are not going to get a lot of support.

    In the end, the CIR may or may not even pass. So if we shoot for just one target and miss it, we lose our opportunity for this year.

    If this "family bill" has been introduced which surely does not go all the way, but still indirectly goes a long, long way in alleviating the current EB problems, why not back it? This bill too may not go anywhere but the support it generates might help in the end so that some provisions might even get included in the CIR. Also, given that it is termed as a "family bill", it might generate less resistance and in the end we might have a better chance of seeing it through.

    In the past both bills have been introduced and gone nowhere so it's better to try and shoot for both and hope that one hits or at least support for one has a favorable impact on the other.

    I think fighting for little bites rather than for one big piece of pie might see us through or at least help bring relief to some, albeit slower than we would like but relief nonetheless.

    I'm sure the IV Core knows more than I do and I just wish to point out that we should pick our fights wisely.
    NWISE





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  • alterego
    10-04 12:10 PM
    I agree that the current political climate is so screwed up that, they are not doing anything except in a reactionary way. Part of it is a lack of visionary leadership, "W" has hardly been able to unite the country behind much legislation. The Congressmen have been too entrenched in political gamesmanship and more interested in political survival than the broader national interest. Nothing illustrated this more than the recent bailout legislation. Noone liked it but clearly there was no other option either. The lack of conviction in the way congress approached it however means, they spent 840 billion (instead of 700) and even that seems too little too late. And it might even end up being the first of many more bailouts. Sometimes you indeed can be too late to help out and drag it out more than necessary. Much is all about perception and confidence. Finally, vocal special interests who have selfishness and ideology at heart have no doubt contributed to this toxic mess, and elected officials seem less and less able to divorce themselves of their undue influence (it was not always that way in this country).
    The one saving grace is that an election is in the offing. Honestly it will be a breath of fresh air, no matter who is elected. Someone can then project some leadership and actually get something done. This last 4 yr term has been especially useless in terms of getting anything at all done, not just on the immigration front but any front at all.



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  • chanduv23
    10-09 02:09 PM
    All the "I will try to make it" will be there. People like to play it safe always, thats why they choose that option.





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  • styrum
    02-09 08:23 PM
    Here I got it from CIS site. The position must require MS but if you have BS+5 you qualify for it and hence for EB2:

    EB-2 Eligibility and Filing

    The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."

    A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

    RESUME: To file under EB2, if the position by its code falls under job zone IV for the requirements to be "normal" it needs to require MS + 0 experience, but the applicant may have BS + 5. For zone V the position should require MS at least again, and may require experience. But, again, your BS + 5 will be counted as MS (you will need more than 5 if any additional experience is required, obviously).



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  • engineer
    02-28 07:07 PM
    Works Cited

    Arshad, Mehreen. Personal Interview. 2 May 2006.
    "Great Teachers Make Great Public Schools." National Education Association. 06 May 2006 <http://www.nea.org/teacherday/want2teach.html>.
    Murthy, Sheela. "Bill Gates Says End H1B Cap." MurthyDotCom. 29 April. 2006
    < http://www.murthy.com/news/n_bilgat.html>.
    Rosseter, Robert. "Nursing Shortage." American Association of Colleges of Nursing
    October 2005. 5 May 2006 <http://www.acn.nche.edu/Media/FactSheets/Nur
    singShortage.htm>.
    Shah, Shivali. "What is NADISA?" Network of Advocated of Dependent Spouses of America. 14 April 2006 < http://www.hvisasurvey.org/what_is_nadisa.htm>.
    Shah, Shivali. "VAWA 2005 Provision Will Assist Thousands of Battered Immigrant
    Women Married to Temporary Visa Holders." Network of Advocated of Dependent Spouses of America 5 Feb 2006. 4 May 2006 <http://hvisa
    survey.org/VAWA_PressRelease1.htm>.
    "Temporary Workers". U.S. Department of of State. 10April.2006 <http:/travel. state.gov/visa/temp/types/types_1271.html>.





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  • rongha_2000
    03-18 05:15 PM
    Thanks for your reply.

    I really dont care what my company policy says because as I look at it, it should be my decision whether to work on EAD or continue on H1-B. If they switch my work authorization without my knowledge, then it will be a classic case for lawsuit. Moreoever the policy is not documented anywhere.

    As long as you dont use your EAD, you can continue working on H1B.

    In fact, if it is the same employer as your GC sponsor, you dont have to do anything.

    The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.

    All this is assuming that your company policy can handle exceptions to the policy :)

    Thanks!



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  • funny
    09-26 04:31 PM
    all i can say is that your situation sounds like an illegal situation... if you are simply going to provide offer letter without actually having a job... but thats between you and your company and you may be perfectly legal and fine... check with a lawyer dude

    Why do you think that my situation looks like and illegal one....I would really like to get an analysis from you/anyone on why this situation is illegal.
    is it not ok to start a company on EAD?
    is it not ok to start a company on your spouse name and work throug it?

    Your explanations will be greatly appreciated.





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  • Mount Soche
    08-15 10:45 AM
    there is nothing on the N-400 form that asks how you became a resident and how long you stayed at the job.
    they will only ask you at the interview.
    some of us are working under very abusive circumstances and i'm sure the interviewer will understand your reasons for leaving earlier.
    i think the whole fraud/stay 6 months thing is just another ploy for some employers to keep using some of us for longer.



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  • paskal
    12-17 03:22 PM
    I believe congratulations are in order if I am not mistaken.

    Congrats! nashorn for your approved EB1

    Good luck.

    if this true congratulations are in order!
    it's great...enjoy it! :)





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  • coopheal
    10-01 11:25 PM
    Do you have a link to support upgrading databases til Oct 29?

    hope you are right my friend. EB3->2 are handful (no point really in going ballistic on them).
    Thought there were lot of BECs clearing out the older PDs and that's why they are shutting doors on us. And, of course, their databases are getting upgraded so they are stalling the process till Oct 29.





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  • ags123
    04-07 08:23 PM
    Till 2007 that was how it was being interpretted and then suddenly DOS realised it should be by category and not by country of chargebility.
    The earlier Eb1 ROW>Eb2 ROW>Eb3 ROW spillover is called vertical spillover
    The current since 2008 spillover Eb1>Eb2>Eb3 regardless of country is called horizontal spillover.

    However see in Horizontal spill over Eb2 India backlog takes of the numbers (14k in 2008)
    In vertical spill over Eb3 India backlog takes the numbers(17k in 2007)
    This is because Eb2 India or Eb3 India have older cases and spillover is given seemingly according to PD order.
    So either method wont help Eb3 ROW. Its a double whammy.





    walking_dude
    03-17 05:56 PM
    No. Bernankes support wouldn't hurt. But statements like these, by you, may give the impression that IVs approach is ineffective which is not the case.

    In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.

    I stand corrected that we still need to send letters and faxes to Senators and Bush. But a little push from the Fed won't hurt IV's efforts, would they?





    realizeit
    05-28 05:35 PM
    WeldonSprings has a very valid point!

    The following link shows the calendar entry for the senate hearing on "The Uniting American Families Act: Addressing Inequality in Federal Immigration Law".

    http://judiciary.senate.gov/hearings/hearing.cfm?id=3876

    Folks, democrats are really serious about this bill. This hearing is not at the Immigration subcommittee level instead it is at the FULL JUDICIARY COMMITTEE level. That says, they are really serious about this bill.

    Also, in my previous response (quoted below), there is an audio link in which Senator Menendez clearly says something: This bill S 1085 is a pre-cursor to the comprehensive immigration reform. That means, this is like building a border, which is the pre-cursor that anti-immigrants are asking for. Anti-immigrants often argued that, before dealing with the Undocumented immigrants issue, we need to make sure the problems with the Legal immigration should be fixed and the laws should be enforced including border protection. Democrats are using that point to fix the existing problems of the legal immigration system as a pre-cursor to the CIR which will deal with the fate of the Undocumented immigrants.

    So, folks even if there is no chance for the passage of CIR this year, passage of a PRE-CURSOR bill is very much possible. Now the Full Senate Committee hearing shows something - Democrats are showing the will to deal with this issue (at least at the Legal Immigration front).

    Iron is getting hotter....May be it's just a matter of time to find out when we can strike.

    There is so much momentum - I think, IV should join this bandwagon.

    If groups supporting employment based immigration like IV are not there to explicitly support this bill, during the mark-up of this bill, our recapture clause could get eliminated under pressure.

    The following two links show the amount of support from other family based groups:

    Conference call audio (including Senator Menendez):

    http://advancingequality.org/attachments/files/228/052009-9413590.mp3

    Group Website (Asian American Justice Center):
    http://www.advancingequality.org/immigrationpubs/



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