Thursday, June 23, 2011

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Thanks for your response. ;) So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?

Can someone respond to this question, please? thanks.

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nojoke

02-27 09:11 PM

I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.

Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!

I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.

>> Are you saying that we as a IV community do not have any responsibility for the funds or any other important issue excluding pin point specific personal situation questions? <<

If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.

>> Can you please be more specific about what kind of perspectives, idead , opinions that can be helpful to others ? The so called helpful perspectives lack hte basic perspective that this is a community effort and lets do our part. How many called a senator's office or a congress man's office? How many sent email to media? Those who will pay will always pay. Thats why we might never win, because a segment of IV community is not stronger than the whole IV community <<

IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.

>> Forcing? Are you serious? Would we work for some one for free? We are helping ourselves, working for ourselves. There is absolutely no sense of "ourselves" in your wording. Forcing?? You realized that every one is worried about it but dont do a jack about it. Instead of encouraging people to contribute, you are using terms like forcing. I filed my 485 myself and I have gotten a lot of help from people on IV. I dont understand how losing a bunch of people will be the biggest loss on the face of earth. <<

Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.

Thanks, Jayant

Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.

Jayant,

I totally understand what you are saying. We have to streamline our energy and you can see a lot of people are hot right now. Do not consider my response as an intention to flame you. I am concerned that we are not going in the right direction. The media drive threads and the funding threads go out of the home page in one sec. Why? 3 or 4 people has to keep on bumping those threads. When will that stop?

I had a talk with my lawyer and he told me that the salary can be increased. The only condition is that it cannot go below the salary specified in the Labor petition.

Title is always handled internally so that should not be a problem

It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.

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dummgelauft

08-21 12:51 PM

I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485. Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest. If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so. My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it? Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.

Okay, It is still a bit fuzzy, but lot clearer than your initial post. Almost all of us here on this forum are professionally qualified Employment Based applicants, with fairly straightforward, albeit extremently slow moving cases. Nearly all of us have been sponsored by our employers and we make sure that we are legal, in this country, every day of the year. Now, coming to your case. I am certain this "disabled man" you are caring for, had all good intentions, but he screwed up royally. You can not just "apply for a I-485". There has to be a basis from one of the following (1) Family based (2) Employment based (3) Humanitarian / Refugee (4) Diversity Based It is still not clear, what CATEGORY he applied for you under. (a) Can not be family based (you are not his spouse, child, sibling etc) (b) You CERTAINLY DO NOT qualify under Employment based application. (c) You absolutey CAN NOT apply under Refugee or Diversity (Canadians are shut out of diversity visa quota) So, it is now time to stop pretending that you "were needed here". Nobody is indispensible. Get your self back in to Cananda and work towards building your life back up. Bon fin semaine!!

Thank you all for the warm response. I appreciate it and wish the same for absolutely all of you. I hope my heated discussions with various officials about TSC's lack of action will clear some logjam for everyone else who is current but still waiting.

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ss777

05-12 03:04 PM

Online MBA from University of Maryland University College matches the criteria you mentioned (to a larger extent). Also you can have MBA degree in 2 yrs. The course work is demanding and one would need TOEFL if not educated in US or few other countries. GMAT is not required.

Please let me know if you still need someone to call members. I am available until 4pm EST today.

Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.

The current case is over 50% of H-1B issued to Indian and Chinese every year. And that is why now most people here are waiting. Do you think RoW H-1B applicants should shout loud and ask for the country limit to be set on H-1B?

That would be one way of preventing the creation of two different classes of skilled immigrant workers in the workforce. Please note that the distinction between these classes is not based on profession or skill level but based on country of birth.

It simply defies common sense that the quota is not enforced anywhere in the immigration pipeline except the I-485 approval. I would be more accepting of this policy if it were applied uniformly - while issuing student and work visas, PERM and I-140 applications along with the I-485 application.

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h1techSlave

02-03 11:32 AM

Sorry to put some damper on your enthusiasm and efforts. But I think it is better if we can get the blessings of IV leadership on our efforts.

It might be difficult to convince them. But only with active support from majority of IVians, we can accomplish some thing.

The Obama administration is boasting on 'Equality amongst unequals', I am going to ask as many lawmakers I can, where is the equality for us, why immigrants are not eqal, where are our human right ? where is our Liberty ? why a Fijian who reports to me got in the country last year and got his green card and I'm waiting for 6 years now...

In lot of cities we are having India day celebrations. Especially in Major cities. Senators are being invited. We should take this opportunity to explain and leave a flyer or something. One such example is

Welcome to India League of America - Michigan... (http://www.ilamichigan.org/events/index.html)

I will be there and make sure the voice is heard. Do we have any standard document or something.

I personally know that almost all congress men call and ask the presidents of these organizations what is it that your community needs...so this will be right opportunity to push the presidents and the politicians of these organizations...

Hello Everyone, Many thanx to Varsha, Sanjay and all others. I am uploaded the updated flyers. As we have discussed over concall last week, we shall be meeting at Bridgewater Temple...

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gcseeker2002

12-28 02:49 PM

I had similar problem with United last year. I was flying thruogh Malaysian airlines and United charged me for extra 20 LBs. But it was checked in till India. Delta is more helpful that way, one of my friends family had separate tickets on Delta and Malaysian, but the delta checkin guy checked in for both flights upto India, and even allowed the 70lbs on the delta part of the flight.

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moonrah

07-01 10:32 PM

Online petition is a great idea. But what will it accomplish?? Ultimately all those questions have to addressed in the form of a bill and that needs to be passed in the Congress. Is it a coincidence, we already have a bill HR5921 addressing those questions raised by OP All we need to do is channel our energy to make this bill along with the other Rep. Lofgren bills a success.

IV is already raising all those questions mentioned in the petition with the lawmakers. So what is new in this petition?

Even after thousands of calls, what if they don't pass the bill? I am not pessimistic but I want to have this pass desparately. Lets think about all the possibilities and have solutions or atleast plan for all of those. Just think about this, if someone files a lawsuit on us, we will be sweating and running here and there even though we know we are gonna win. lawsuit will make them think, make them spend money. Trust me nobody wants to go through that husstle. And if we win, they have no way but do something about per country quota limit whether congress passes the bill or not. On the downside, if we loose, they can worsen the situation for us in which case they have to face anger from business community and during election season, goverment wouldn't like to do that.

All I am saying is if we have a case we should pursue it. Otherwise there is no point of fighting loosing battle.

sureshj

06-08 02:18 PM

To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:

1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.

2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.

3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.

I could'nt agree with gcdreamer more...

Consider this... 1. FBI, I believe, has 2 rookie analysts dedicated to processing name checks and I heard USCIS pays $25 per name check. 2. FBI has distributed databases in NY, CA, FL, etc. that are not networked. So they have to request name checks individually out of these databases. 3. Name check ranks least in their priority list. 4. FBI has increased their name check criteria from 2 (First name and Last Name) to, I think it is, 7 or 8 (part of the first name, part of the last name and few other combinations). This increases the chances of your name generating "hits" and falling into this blackhole. In addition to the above FBI (which normally receives ~1.5m name check requests per year) received ~6m in 2003. They are still recovering from that deluge. So now you see what's causing the delay.

For USCIS this works out fine, since they rake in 15% of their annual revenue from EAD/AP renewals. They do not want to mess with this "free money" and reduce the processing time. And to top it all they can transfer the blame on FBI.

In addition, to secure this "money train" USCIS cleverly issued a public memo earlier this year indicating WOM cases will be fought in court. To most this would have seemed like the end of WOM, but it is not. Applicants have since filed and won these cases. However the memo probably had its' desired effect...to discourage a majority of the applicants from filing WOM.

I think USCIS has to be made accountable for the money they earn. The $25/name check is just not sufficient. More funding is necessary so that FBI can allocate more analysts to the job and also upgrade their IT infrastructure. Excuses such as "ball is in FBI's court" is just not acceptable. "Conditional Green card" (as suggested by gcdreamer) is excellant idea to alleviate the problems the "name check" victims face over the ~2 to 4 years they spend in this blackhole.

PS: Just in case you are not aware of Senator Obama's initiative to address this problem here is a link where you can sign-up for whatever it is worth. http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1

mariner5555

03-04 05:27 AM

Instead of criticizing the idea, please submit your votes! Only 300 odd people sent flowers to the USCIS and we know it worked. This site has a lot of one time visitors so don't expect 25000 votes, but it does not mean this idea is crappy. Heck, I want to buy a house myself, but I cannot even think about borrowing 300k+ when I may be asked to leave the country on a day's notice (remember no time between jobs when you are on H1B). I agree with the above !! an idea is like a spark ..once one media picks this up others will follow and you never know what it leads to. opposing an idea is Worse than doing nothing. BTW the way things are going ...GC may soon lose its grand appeal (it will still be in huge demand though ). the following article is a must read - if you have few minutes to spare --written by prominent economist. maybe a worst case scenario --but as scary as a horror movie http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D&dist=MostReadHome