Thursday, June 16, 2011

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  • go_guy123
    03-11 11:50 PM
    Who said I am working on percentage basis ? Where did you read that ?

    I never said you are working on %age basis. I know many H1Bs work on %age basis like independent contractors. This leads to benching and USCIS is trying to crack down on
    that. If one is working on fixed basis and getting paid on bench as well, then for them there wont be major problem. But of course collateral damage will be there during the
    crackdown process.





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  • gvenkat
    11-09 05:28 PM
    When should I start rumbling?

    Filed Date : Aug 30th 2010
    Receiept date : Aug 30th 2010
    SLUD's thrice : 09/03,09/10 and 11/05
    E-filed, Texas Service center and sent in supporting docs.

    No emails or anything so far... Should i wait the whole 90 days before starting to make some noises?

    I filed my EAD on the same date at Nebraska recieved that last week.

    I just cannot understand why they need to do this filing and can't make EAD/AP a single doc and valid for two years.. Just plain frustrated. :mad:





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  • JazzByTheBay
    09-04 08:24 PM
    - best place to stay, hopefully in proximity to the rally start point
    - best return flight time to get back
    - do I need to rent a car?

    Guys what airline could one fly from San Jose? Which one have best connecting times so one can reach and leave at decent time? which airport is close?

    Is there a Motel nearby at the relly start point, what time does the rally end, and what flight have people from CA booked for getting back?

    :confused:





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  • hope_4_best
    04-02 11:45 AM
    sent both faxes



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  • willwin
    02-20 01:33 PM
    As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.

    Ramba, I agree with you for the most part.

    Well, there are CP filers with PD as back as 2003 (not sure if there are any 2001/2002 filers left) and these people were not aware that in July 2007, DOS/USCIS would open the flood gates and put them in this plight.

    Imagine this, if DOS/USCIS had not made the PD current for everyone during 2007, what do you think the 485 filers would be doing now? They would have had approved I140 or they would have filed one, but what more? Will be just waiting for PD to become current. When it becomes current (say after 2 years), the actual processes (of going through name check, USCIS delay, FP etc) start and may take atleast a year going forward. But, when PD becomes current, guys in CP queue would get their interview.

    So, it wasn't that CP guys knew this before and still made a mistake - back in 2003!

    Otherwise, I agree, with this unpredictable movement of PD back and forth, 485 would be a safer route with all the changes happening to 485 processes (faster name check, proposed EAD for 3 years etc).

    Your post was highly diplomatic than most of your queue-mates. Appreciate that.





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  • gc4me
    12-04 09:57 AM
    I called to (800) 375 – 5283. I really forgot the combination code. I was trying to reach a human. And he asked my I-485 receipt #.

    gc4me can you please send me the phone number and combination of codes so that I can get them to send my FP notice, i am July 2nd filer as well.



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  • kak1978
    06-01 11:29 AM
    Done. Bump.





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  • GCInThisLife
    07-19 02:23 PM
    This discussion should scare many many people. I can count so many people just over the top of my head who would have a similar problem.

    This discussion scared me now.

    I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.

    The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.

    AM I IN PROBLEM?

    Please comment and give me hope.



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  • regacct
    04-23 07:45 AM
    I doubt this law will cause any trouble. For analogy, there are laws around carrying current insurance papers. Once I didnt have my current insurance, since every six months new ones get mailed and I forgot to keep them in the car. I showed the police officer my previous expired insurance and mentioned that the insurance-id is the same. He accepted it and asked me to carry the current copy in future.

    The cop will fine you if you did not have the insurance card; under the present bill, the latino has a chance of being deported and not fined......huge difference!





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  • grupak
    11-19 01:59 PM
    I was also asked to appear for FP in my attorney's location. Instead, I went to the nearest ASC with my spouse whose FP was in the correct location ahead of my date. I successfully got my FP done. There is a thread "FP in wrong city" where other people had similar issues.

    From my experience, talking to lawyer, USCIS doesn't care as long as you get it done before the due date. Try the local ASC... its always the guard in front who may create an issue. Once you are in, fill in some forms, the ASC doesn't care where you were scheduled.

    Imp: Try the local ASC before your scheduled date so that you have time for plan B.



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  • Berkeleybee
    04-10 08:51 PM
    Bee:

    Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit.



    I'm afraid there I may disagree with you -- it is not clear that the CFR can be amended at will, or all the time, by the agencies. Most amendments to the CFR come from "public laws" such as the amendments that came about due to AC21.

    (i) This discretion of the agency thing can cut both ways. According to the GAO report, http://www.gao.gov/new.items/d0620.pdf -- see page 22

    "In July 2004, USCIS published an interim rule in the Federal Register that allows it more flexibility in establishing the length of validity for Employment Authorization Documents (EAD).Previously, federal regulations required USCIS to limit the time EADs were valid to 1 year for specific types of applicants who applied for employment authorization..... Although the flexibility to set the length of EAD validity is available, USCIS is currently restricting its EAD validity periods to 1 year."

    So there is a great to deal to be said for forcing the hand of an agency -- as AC21 did in enabling portability, extensions of visas etc.

    (ii) Plus as a matter of practical reality -- do you imagine the moving like slow molasses USCIS/DOS/DOL are more persuadable than fire and brimstone congresspeople? :)

    We can certainly toss this out at our next set of meetings, and see if our fate is better served at the hands of USCIS bureaucrats than Congress.

    best,
    Berkeleybee





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  • Gravitation
    12-13 10:12 AM
    I hope it doesn't retrogress in future.

    I still don't understand why is EB-2 not moving forward especially that EB-1 is current.

    Too many people converted to perm-EB2 when EB3 retrogression hit. Also, excess EB2 RoW are not flowing to EB2-India but to EB3 instead.



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  • titu1972
    07-25 10:55 AM
    NSC: E-Filed June 02
    Document Send: June 02
    FP Done: June 26
    PD Will be current in Aug. Namecheck cleared since Nov 2007.

    Mine got approved on July 23. Didn't receive physical card.





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  • Ramba
    02-12 02:58 PM
    The adv of 485 route compare to CP is EAD/AP/AC21. In CP, the applicant is getting immigrant visa in a foreign post/consulate. How can USCIS give EAD/AP for a person who is staying outside of US to grant EAD/AP?. There is no technical ground for this request. If you/IV want to lobby, lobby for EAD/AP for the guys whose 140 was approved and staying in US legally on a non-immigrant visa. This may be possible thro, USCIS regulation w/o law change.

    Though, law does not force any one to chose only 485 route, while you anyone already in US. Very very few guys will opt for CP while in US due to lot of hurdles in CP. Forget about retrogression, EAD, AP. Opting CP, cost you to fly to home country to get immigrant visa. There is no gurentee that US consulate will give you a immigrant visa based on approved 140 in CP process. That is always risk of denial at interview. It is something similar like, H1B approval by USCIS does not guartee the H1B visa at consulate.



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  • ragz4u
    04-01 12:49 PM
    Apologies to eb3retro and logiclife...I had to delete your posts to make this summary post

    We already have folks in the following firms willing to talk to their employers. If you are from one of these firms, why don't you join your fellow colleagues in approaching your decision makers. Send us an email and we will put you guys in touch with each other

    1) Siemens Power Generation
    2) Microsoft
    3) Barclays bank
    4) Oracle Corporation

    The following folks have already sent the fax, Count = 80

    Anai
    Ragz4u
    latina
    masala_dosa
    aparnak
    felix31
    radosav
    gc_bucs
    golgappas
    Superape
    Leena
    Nikhil
    xu1
    sats123
    pcs
    bkarnik
    traffic_engr
    shalini_s_b
    reachag + spouse
    lccleared
    reachrc
    aray
    raydhan
    raj123
    willgetgc2005
    bklog_sufferer
    lonedesi
    parrytee
    logiclife
    sureshksv
    bandya
    gc_bucs
    virtual55
    fightretro
    samnay
    glen
    sats123
    houston2005
    labor2003
    jnayar2006
    eb3retro
    posmd
    mariusp
    eb_retrogression
    khodalmd
    GodBlessYou
    aj_jadeja
    Higcoptimist
    sai
    anandrajesh
    nish17
    bkarnik
    prav27
    mali03
    manojp4
    brkl1935
    cmathew
    madhuri
    mwaikul
    satyab7
    jkays94
    gcwaiter
    GCwaitforever
    baburob2
    apnair2002
    ngodisha
    CWYGC
    rbms
    dibert_cal
    need_EAD
    laborfd
    n77
    jjjun
    rajbgp2002
    justAnotherFile
    nviren
    mygc2006
    learning01
    snallini





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  • go_guy123
    12-20 03:13 PM
    Was this is a change in the procedures of USCIS? If yes, could we not request them to increase the length of the EAD from 1 to 5 years? This will help many of us too. I need to get my DL renewed every year along with the EAD.


    Well there was court case related what constitues the 6 years where court said that only period of stay on H1b in US (so period of stay outside US on H1b) doesnt count.

    So the law didnt change its the interpreation of law that was changed by the court case.

    Same logic goes with H4 (they dont work on H1B ) so it was a matter of time someone would also challenge that on court and win.

    uscis decided to do that based on the interpreation of course case

    http://www.murthy.com/news/n_aaoall.html

    Based one that even this one could have been challenged.



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  • onemorecame
    08-10 12:42 PM
    Yes, I did use LS.

    But my motive was not to jump the line as I told my company attorney to purposefully find an LC from this year or last year. And since it was a multibillion dollar company with some xx thousand employees. They were able to find one.

    Not everyone's motives is to jump the line. I did this because I didnt want to wait another 10 years to apply for I 485.

    And on the top, dont even think that all who did LS were able to jump the line. LS involves lot of scrutiny and it was always safer to use one's own labor.

    Its so funny that some people think that people who cannot prove themselves for what ever reasons (education etc) with their own labor use LS. hehehe. This is even more riskier.

    And it was always legal to do it. And may be many people and employers misused it. Shout at those people.

    As for me, my labor was going nowhere and the company with which I worked for the past few years found an LS for me which was from last year PD and I do not regret doing it.

    And I bet, people who had an opportunity like me would do it.

    And also, THE THREAD WAS NOT OPENED WITH A TITLE "WHAT IS YOUR OPINION ABOUT LS, SHOULD IT BE BANNED". There were a number of threads on this forum where you can show these kinds of opinions. This thread was opened for a different purpose.

    And moveover LS is banned now. So dont waste your energyy but use it for some good causes IV is planning for.


    Hi


    I think you did good job that you accepted LS from your company.
    I never used LS even though it was available at that time. But I don't hate who accepted this LS, I know it was legal and it�s for the company who can utilize their labor instead for waiting for approval of another labor.

    I would like to say people who hate thus who used LS because they missed this or they never got chance to get LS, or they never had that much dare to pay the money and get that.
    Dude nobody is "DHARMATMA" here. And don�t try to show that you are clean.

    So please stop this non-sense and hating people who used LS. Just give your suggestion on post if anybody is looking for any suggestion. Otherwise just ignore it.

    Thanks to all:)

    onemorecame





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  • isantem
    07-29 01:56 PM
    Immigration and Nationality Act of 1965 - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965)

    Please look back at this country's immigration laws over the years. When Europeans were immigrating to in large numbers, they didn't have any issues with that. They never felt the need of country cap. When non-Europeans started immigrating in large numbers, america suddenly realizes she has to be "fair" to all countries in the world and fairer to whites in particular.

    It is such a shame that this country covers up racism with "diversity" in this 21st century.



    Probably you are right. But the issue is not the country limit!!!!!!!!

    Take example EB3, how you think will look like EB3 on the next visa bulletin without country limits. EB-3 probably will be June 2002.:eek:





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  • ArunAntonio
    09-05 12:40 AM
    Please think about the amount of effort that is going on to plan for this rally.

    - The mental effort required to plan the logistics of such a huge event
    - The physical energy required to make all this a possibility
    - The amount of time the members working on this are sacrificing.. time that they could have spent with family or other gainful things
    - The financial impact this is causing to the invloved members

    and all just not for themselves but for all of US.

    What is your contribution to this effort?
    Please show up.
    Think ..
    I am sure you can DO IT.





    chanduv23
    07-08 05:18 PM
    I do agree with your thoughts to some extent.
    1) Unless we get lot more folks involved, it will be a tough task. A small number for a DC rally or a phone campaign will not do much.
    2) Indian community (including GC holders, Citizens and highly placed individuals) would need to be involved if this has to become a visible voice.

    The best way to achieve these objectives is by taking it upon ourselves and reach out to these people. Unless enough awareness is generated, our campiagns will not generate enough heat to power the bills forward.

    People like pappu and the rest of the IV leadership have been intact "without" losing track or scope and have always believed in getting things done and not getting influenced by the negative vibes.

    These are the kind of people who lay a strong foundation and hold the walls intact.

    We need more and more of believers in the community





    saimrathi
    07-06 02:14 PM
    Thanks.. WIll def watch...



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