Wednesday, June 29, 2011

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  • saileshdude
    09-24 12:11 PM
    Surabhi,

    Actually that is the more reasonable thing to do but USCIS has again disconnected these two things and left a loophole which makes it eligible to port an earlier priority date irrespective of whether it is EB2 or EB3. That is a flaw in the system in the same way it was in labor substitution. I don't mind people porting to Eb2 as long as they go back in the queue where they were really qualified to be in EB2. Say if you had experience BS+5 before filing in EB3 and for some reason because of employer or attorney you filed in EB3 but now want to go back to earlier date that is fair enough. What is not fair is someone who filed in EB3 because they were in BS+2 in say 2003, become eligible for Eb2 in 2006 but now decide to port in 2010 and are given the priority date of 2003. The fair thing would be to give the PD to that person of 2006 and not 2003 just because they have an approved I-140 of EB-3 from 2003.

    That being said, I also believe that the spillover be distributed properly and not just given to EB2. That is also unfair. These are some loopholes that are left when these laws are made. Some category get benefited and some are left out. So if EB3 people start porting we should not be complaining because they have also suffered because of inappropriate spillover rules and is justified if they want to take advantage of this loophole.





    I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

    Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

    This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.




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  • admin
    05-06 03:55 PM
    Another warning. We will not tolerate flaming wars or denigrating posts.

    Can't we work together civilly for this? The illegal aliens speak in one voice and are more easily heard. While immigrants who are supposed to be "highly educated" like us have to fight within ourselves over every issue.

    If you find some bad post, report it to us by clicking on the exclamation mark symbol. Don't retort.




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  • apnair2002
    05-06 09:35 AM
    http://www.baltimoresun.com/news/nationworld/bal-te.immig06may06,0,3245994.story?coll=bal-nationworld-headlines




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  • pcs
    03-08 02:15 PM
    This will really help. Simple things like posting on various web site forums about IV will be great



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  • knnmbd
    05-04 11:41 AM
    on
    http://www.aila.org/RecentPosting/RecentPostingList.aspx

    is a comparison chart for skil bill. Is there any way we can get that. it will help us analyse this better.

    (Chart comparing the SKIL Bill, introduced by Senator Cornyn (R-TX) on May 3, 2006, to other Senate bills, including the Comprehensive Immigration Reform Act of 2006. Chart prepared by the American Council on International Personnel for the Compete America coalition, of which AILA is a member. AILA Doc. No. 06050461.)
    Does'nt this require a log in name and Password....




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  • zeta7
    03-23 11:54 AM
    I would advise not to go for your landing. At this point you need to make a decision whether you want to pursue canadian GC or US GC. If you have applied for 485 then it best that you not do the canadian landing. You may have issues when you come back to US. They may ask you why you went to canada and you cannot lie and have to tell them the truth. This may raise questions on your intent to pursue US GC. It all depends on your luck as to who you get the IO. I have heard of a case where a person got RFE on 485 after completing the landing.

    If you still want to do the landing then you should be prepared for RFE or NOID on your 485.

    Thanks dingudi. If you know of a solid case where someone was RFE'd because of landing while on 485, then it looks like I might seriously consider abandoning it as well.

    One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?

    Again, I appreciate your input immensely. Thanks!



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  • xu1
    05-03 12:19 PM
    Section 205. Retaining Workers Subject to Green Card Backlog.

    This section specifies anyone caught in the backlog would be able to pay $500 to adjust status... So your husband is ok (again, should this SKIL ever become reality)

    However, I am confused this section 205 falls into Title II, "Retaining Foreign Workers Educated in the United States". Section 205 does not read like anything to do with a degree in the US..

    wow,

    what do you say, ordinary folks in EB3, without US Masters will not be able to proceed toward I-485 stage when visa is unavailable?

    Hmmm, I will have my Masters, but I cannot work, as I cannot get h1 because of the 6th year limit (just like so many h4's). My hubby does not have US Masters, so he will wait in EB3 forever?

    Can I slap my Masters to his name so he can proceed faster and I can finally get my EAD..?




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  • texcan
    09-25 09:28 PM
    All,

    Today my attorney received all 6 receipts.

    Case filed (485): NE (140 approved from TSC)
    Filed date: Jul 25, Received jul 26
    LUD on approved 140 - aug 5 & aug 12
    Receipt date Sept 17th for 485, 131, 765

    Online status: EAD -card production ordered on Sept 24th.

    Good luck to everyone. Looks like TSC is moving.

    let me know if someone has any questions.



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  • saketkapur
    03-18 11:27 AM
    Had opened my 2nd SR on March 1st....asked to call back on April 3rd if still no notices........:o




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  • eaglesvr
    08-15 11:06 AM
    Filed two EAD renewals to TSC: one on 07/06/08, another on 07/14/08.
    Both included only the documents required by the filing instruction, nothing besides.
    The first one was accepted, ND 8 Jul, the second returned with a request for a copy of I-485.
    Added and re-sent again- no receipt yet.

    Got emails today: Card production ordered for both applications



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  • decastod
    09-17 07:02 PM
    Hello All,

    I just got my finger printing notice in mail, where as I was actually expecting to get case number first. But anyway, here are my details :

    Priority Date : April 2006
    Type : EB2
    I485 received by USCIS on 3 rd July 2007 ( By R. Williams)
    I140 approved from Texas
    Sent I485 to Nebraska. transfered to TX.
    got EAD, Case Number and Finger printing notice today from TSC.
    finger printing appointment on 10/09

    I do not know when and where my checks were cashed from because my company lawyers paid for it and I am in no mood to talk to them.

    Hopefully everyone will get greencards soon. Good luck to all..... see you all in FBI name check forum.

    Thanks.




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  • vikramy
    05-23 01:48 PM
    Sent Emails to all including 2 AZ senators



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  • lost_in_migration
    05-01 04:35 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4

    PART 1

    Sec. 203. [8 U.S.C. 1153]

    (a) Preference Allocation for Family-Sponsored Immigrants. - Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allotted visas as follows:

    (1) Unmarried sons and daughters of citizens. - Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).

    (2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens. - Qualified immigrants -

    (A) who are the spouses or children of an alien lawfully admitted for permanent residence, or

    (B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence, shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).

    (3) Married sons and married daughters of citizens. - Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).

    (4) Brothers and sisters of citizens. - Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).

    (b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):

    (A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -

    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

    (iii) the alien's entry into the United States will substantially benefit prospectively the United States.

    (B) Outstanding professors and researchers. -An alien is described in this subparagraph if -

    (i) the alien is recognized internationally as outstanding in a specific academic area,

    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and

    (iii) the alien seeks to enter the United States-

    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or

    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

    (C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.


    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    (B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.



    (ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--

    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and



    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.

    [TO BE CONTD.]




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  • shukla77
    05-23 12:36 PM
    sent emails to 10 senators



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  • cram
    06-11 10:18 PM
    I mailed mine on May 25 and up to now I haven't gotten anything yet. My lawyer mailed it to NSC and since my I-140 is pending with the TSC, my lawyer said they will just forward it there. It's taking too long. Anybody in the same boat as I am?




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  • vicks_don
    04-21 09:50 AM
    Thanks. We are also looking for feedback from members who have already done this and any limitations and problems that they have faced. From employer point of view as well as your own point of view.

    Has anyone done this more than 1 times?

    How much % salary increase have you taken while changing jobs?
    How different was your job description and profile?

    What are the list of limitations that your own lawyers have given you that has limited you in your professional growth?

    The answers for this questions would really help. Any one who has done this ?

    Thanks



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  • obviously
    07-27 07:15 AM
    LEGAL AND STUCK IN - 7 YRS. ILLEGAL AND SNUCK IN - 7 MINS. CHOOSE!

    It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.

    Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.

    Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).

    So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.

    Thanks!




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  • ychuck
    05-02 11:45 AM
    Is there any thing on EB numbers and contry limit?




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  • mygc2006
    11-19 07:35 AM
    Emails sent for me and my wife!




    glus
    06-04 11:11 AM
    e-mailed my 2 NY senators with a personal letter explaining the problem in the new immigration bill. Requested changes to be made.

    G




    raghav0
    02-16 08:16 AM
    $50 - Hopefully more in the coming days. Not sure if I can make it to DC.....Thanks for effort!!



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