Sunday, June 26, 2011

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  • optimist578
    01-03 03:01 PM
    I am confused and think about this daily. I am here in US for the past 8+ years and I am 33 now. All my friends who have stayed back in India are in very good managerial position and earning well. Money is not the issue now, but the career.

    I thought about going back to India and when I started the job search, I ended up seeing myself aged out. Being stuck with my GC, I am now continuing as a Sr Software er for the past 8 years. I did not move up an inch all these years and I did not think it is going to affect my career till now. Now if I look back, I sometime think that I have made wrong choices unknowingly.

    In India:

    1. I am not fit for Sr Software Er position as guys from college with 2+ years of experience fills that position.
    2. I dont want tech lead / team lead as I hear from my friends there it is going back 5years for me for my age.
    3. I am not getting project manager position as I do not have any managerial experience.

    If I get a good position in India, I am ready to go back. At the same time, I have two kids who are born here in US and I own a house (technically I am proud owner of mortgage debt not house) here in US. I have to close all my debts before I decide to go back.

    I AM NOT IN CLEAR STATE OF MIND. MAY BE GETTING GC WILL HELP ME OUT.

    Exactly same thoughts cross my mind too. I am planning to finish my Masters, on a part-time basis, after which I have to decide my direction for good. I don't have any kids so that is not a factor to hold me back to this country. But I face my biggest discouragement about returning to my home country, when I think of a typical workplace atmosphere there. If you are working for one of the software firms delivering services to international clients, you might end up as someone who simply follows the orders from overseas clients - working 14-15 hours at least 6 days a week. Add to that the living conditions, feudal bureacracy and you have conjured up a recipe for formidable hardship and frustration. On the other hand, US has a growing economy and newer opportunities come here first. Also I have quite a few friends here who have got theirs GCs and are doing good. So, that serves as a sort of inspiration for me.
    So, overall, I am also confused. My wife is my driving force, positive about making it big here- business or corporate world and my only hope. But she has been put up at home, now for more than 4 years; pretty hard to imagine especially with MPhil and an MS from US universities.




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  • franklin
    07-16 01:59 AM
    ...let your Nor Cal members know - I'm trying to prepare a comprehensive document with lessons learned from the San Jose rally. Sort of a post mortem "what went right, what went wrong, how to improve" thing. It may take a few days, as we are all recovering and catching up!

    Feel free to pm or email if you need anything or have questions.

    I don't want to sound like a know-it-all, but we are more than willing to help out however we can.

    Drona, from SoCal, was up for the rally and integral in helping out as well.




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  • InTheMoment
    07-18 02:23 PM
    Yes..a fairly correct and concise way of putting it !:)

    So now guys realize how RD becomes crucial within the PD current window !
    If the window is too current say 06/07 than it may not be fair to older PD's
    if it around 2003 the window is not too wide and quotient of fairness increases.

    He is absolutely correct. 485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.




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  • inthehole
    05-20 12:03 AM
    First of all congratulations to ind_game.

    Today I received NOID for not submitting AC21. My I-140 is not revoked. I received an RFE last month for birth certificate & updated g-325a form. In the g-325a form I mentioned my current employer which would have triggered NOID for AC21.
    I left the GC sponsored employer after 9 years on May 2008 well after 180 days and joined an insurance company. The company got hammered by financial crises. So I left that company and joined other stable company on Dec 2009 as a full time employee.
    My current job description is similar to the one mentioned on ETA but not same. I am not sure if changing 2 jobs will be a problem.

    If anyone had submitted any documents for AC21 please share. I will really appreciate it.



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  • ramkigr@hotmail.com
    05-10 05:27 PM
    HSBC has rejected my refinance application because neither I hold a valid H1B nor a GC. They are rejecting, if you are in AOS not have one of the above docs. BEWARE. Don't loose time and money trying with this bank, if you are in this situation. I heard some success stories, with other banks though. Good luck.




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  • desi485
    11-18 03:50 PM
    We must also step forward and work towards resolving other things

    (1) Create blog on how to report Employer wage violations to Wage and Hour division

    (2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues

    (3) Any other pressing issues....

    Folks please add anything you feel must be addressed

    One more update: Found another thread on RG's forum. This one is very specific.

    http://immigration-information.com/forums/showpost.php?p=25447&postcount=7

    Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21

    --------------------------------------------------------------------------------

    Let my try to clarify my answer, since I didn't do that good a job previously.

    An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.

    For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.

    In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.

    Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.



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  • dpp
    07-06 12:15 PM
    I have changed the thread title.

    Thanks, i don't want to confuse, but i just put something to post it initially.




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  • Alien
    03-12 10:31 PM
    Its not a rumor. This is real. Coming to think abt it, he had filed a labor in 2000/2001 time period and had abandoned it when he switched companies. I am wondering if USCIS takes the oldest one an applicant had ever filed.



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  • kumhyd2
    09-09 04:19 PM
    Contributed $100




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  • jonty_11
    07-05 01:38 PM
    just called CO senators offices....
    talked to Immi incharges...and explained the fiasco.....
    Expecting a call back from Sen Salazar's office...will update on this later.



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  • gc_on_demand
    12-10 04:38 PM
    HOW IS THE PER-COUNTRY LIMIT CALCULATED?

    Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

    - The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.

    - INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?

    Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.

    WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?

    Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.


    In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?

    State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.

    In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.




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  • axp817
    05-14 12:15 PM
    Just an update from my side:

    I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.

    Guys,
    If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.

    That is the attitude, my brother.

    Good luck with the MTR, it is sickening to see such blatant errors on their part.

    I'm sure the eventual outcome will be in your favor, and it is good to see that you are still in good spirits.

    Best,



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  • ragz4u
    03-15 08:32 AM
    Did anyone else get through? I was trying www.capitolhearings.org Dirksen226!




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  • priti8888
    07-23 06:30 PM
    This is aboslutly not possible; he/she is trying to fool every one. Before retrogression, the last date to file a 485 for a EB3-Indian with PD 08/2004 was 12/31/2004. From Jan 2005 till July 2007 EB3 Inida was retrogressed for his PD. So he/she could not apply 485 in Feb 2005. The other optins could be he/she may be in EB2 catagory or a Schulde A nurse.

    I was in similar time frame; So I know the date well....




    correction..I got the EAD in Feb 05, My RD is Dec 04.



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  • ArkBird
    09-01 03:27 PM
    - Came to US in 1997.
    - Had Labor + 140 approved in Dec, 99.
    - tricked and lured by start-up in silicon valley. Abandoned everything and came to California in Jan, 2000 made the deadly mistake of not taking the copy of approved I-140 (I still slap myself every morning for that mistake ;) )
    - Found out they have only one customer
    - Founder wasted own 20 Million dollars but never increased the tally for the customer from 1
    - "Startup" went under in 2002.
    - Joined new company (the only customer of start-up) and filed labor in March, 2003 and enjoying every minute of it... :)

    Cheers

    ArkBird




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  • pbojja
    09-11 04:10 PM
    I m in ...They really dont know what they are doing ...How hard is it to find pending applications in thier database ?

    Move to 2006 and approve 2006 cases and move it back to 2003 ...wow they really need help



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  • 485Mbe4001
    06-10 12:07 PM
    Recapture is actually a non controvertial issue and most politicians support it in private. The business lobby was sucessful in getting it done (btw the democrats opposed it even then). These days we have the sword of 'amnesty' hanging over everything related to immigration plus the positions are so polarized that it is impossible to get anything done. The lame duck presidency isnt helping either, each congressman/senator has to worry about its own agenda and their people.

    With the internet every little bit of information is distributed immediately and the opposing forces can easly create noise to drown it...that in a nutshell is why nothing is working for us.

    As mpadapa mentions people satisfied with EAD/AP think that life is good and dont want to help. When people wait in EB3 for 7-8 years and renew EAD/AP for 4-5 times like i have, they will understand. Untill then we hope and pray and call

    Visa numbers have been recaptured in the past (year 2000, I think).

    Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?

    Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.

    Perhaps we can borrow some of their wisdom.




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  • bp333
    03-04 12:20 PM
    Is your case at NSC? I have definitely noticed a pattern of pre-adjudcation activity from NSC for cases filed in July-August 2007.

    My application is filed with Texas Service Centre.




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  • 24fps
    02-08 11:23 PM
    wow!!

    after reading all this i think its best that i land up marrying an american/european girl , atleast they dont have all this inlaw/dowry crap going on

    and then i'll get my GC taken care off as well ;) :D




    HawaldarNaik
    03-04 01:15 PM
    bole to sub ka current booking main chance lagta hai....ticket milega...subko...:)....bahoot jaldi....




    h1techSlave
    05-01 09:48 AM
    I have some black dots in my Control Panel? What is the meaning of a black dot?

    And how does one give black dot to some one? When I try to add reputation to a post, I can only see I approve or I disapprove options. I would imagine I approve=green and I disapprove=red. Where does a black dot fit into this scheme?
    how do u know if someone gives u red?



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