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Wednesday, June 29, 2011

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  • gaz
    04-20 12:01 PM
    it is the job profile that dictates whether the case is eb2 or eb3 - the applicant should meet the criteria for the job. not the other way around.

    My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.

    If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.

    However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.

    Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).

    However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)





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  • ssingh92
    03-15 10:44 AM
    Thanks xlr8r!! I am filing today. Dont have I140 receipt number.

    Did your luck shine !!!!





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  • crazyAbtUS
    12-16 11:07 AM
    Buddy,
    everyone loves their money....but think if nothing will change how much of your loved money you will spend every year to renew EAD and AP...just do the calculations and you will think that it is worth to part some of our loved money..


    No offense Nik..but dude my company actually pays for it..so no loss..in renewing EAD..but unfortunatly my EAD is not yet approved..so I am not yet there.....SAD





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  • Macaca
    10-05 04:42 PM
    Thanks for the blog link....posting on thier blog would help create some awareness of the issue upfront- where other "misinformed" readers can read it and get the facts right!
    High-skilled versus illegal is not the only issue.

    Post your personal EB GC issues. They may cover EB GC issues separately.

    Post, Post, Post, ...



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  • planets
    04-19 08:14 AM
    Somebody knew already....

    Obama to hold meeting on immigration reform | AP Texas News | Chron.com - Houston Chronicle (http://www.chron.com/disp/story.mpl/ap/tx/7527577.html)





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  • meridiani.planum
    08-26 02:36 PM
    65 pending cases for 2004 here. Even if we multiply by 10 - 650 cases?. Fair deal?

    I have also been wondering how to extrapolate this to total numbers. Its probably a good reprsentation of spread. (ie. 1% is 2003 and earlier, 20% are in 2004). but actual numbers???
    if you choose to multiply 2004 by 10, we should also multiply the total votes (300) and assume that wehave only 3000 pending485 applications... that does not seem right. More like x75 or x100 based on whatever we have been hearing...

    Note that in some cases this is just one person who responded to the poll in a family of 2 or 3. Their PDs are the same (most probably) but the count of cases would need to be adjusted.



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  • Openarms
    06-03 02:43 PM
    How come Sonia Gandhi can be a member of parliament and if there was no BJP then she might as well became Prime Minister of India? I wonder who wrote these laws??





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  • logiclife
    02-01 12:44 PM
    Gurus,

    At PortOfEntry, CBP officers are QUESTIONING IF you are working for the sponsoring employer and many folks just switched jobs with AC-21 with no valid H1B anymore.

    Questions:

    1. What are the Consequences at Port of Entry on travelling with AP and NOT working for the ORIGINAL GC sponsor?

    2. Can anyone share thier experience what was the outcome at Port of Entry when the answer is "NO - I am not working with sponsoring employer anymore" Were they held at Portof Entry indefinitely ?

    3. What Steps can anyone take when at CBP office/Immigration Official is NOT allowing you to re-enter US on Valid AP (I-485 pending) and you are NOT working for sponsoring employer and no valid H1B?


    Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?

    I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.

    Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.

    If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.

    Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.

    What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?



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  • Nil
    03-19 01:57 AM
    What are you talking about? Let me have two of whatever you are smoking or drinking.
    You have it all wrong. Your experience or qualification DO NOT QUALIFY you for EB2. It is the requirement of JOB that matters. GOT IT.
    Now go scream your lungs out in front of the Capitol, Yelling "DISCRIMINATION".:mad:

    Well this is a good point, and a true one: The requirement of the job. Before PERM, in many cases, the employer was willing to consider an EB2 if the candidate qualified for it. For those who would have qualified, but were put into EB3 on grounds of job requirement, it can feel very frustrating.
    i am sure there are cases where the employer-lawyer nexus has taken advantage of the backlogs to retain an employee. Let us focus on this, instead of trying to look at 'discrimination'.

    End of the day, we'd like to have a transparent process with flexibility to change jobs, so that we get the best for ourselves.

    EB2 or EB3, if any one moves well, can be good for the other category in the long run.





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  • GCmuddu_H1BVaddu
    03-26 09:10 PM
    Man, everyone gave me REDs for opening this thread and I am surprised it is keep coming to the top. I can see this going to several pages :confused::confused:



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  • stldude
    07-19 10:29 AM
    My signature says it all.. Service Center - NSC





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  • 21stIcon
    02-21 09:42 AM
    Question to champak,
    Is it separate policy or more coverage for employer sponsored policy which you bought from your employer?. if it is binded with employer policy , how could you move to new employer or take out along with when you leave firm?

    thx



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  • k94
    12-15 09:43 AM
    Denied licenses, legal immigrants sue state Registry
    Say status wrongly contested
    By Yvonne Abraham, Globe Staff | December 15, 2006

    Massachusetts Registry of Motor Vehicles employees are routinely and unlawfully denying driver's licenses to immigrants who are here legally, according to a class-action law suit filed yesterday.

    According to the suit, Registry workers asked the immigrants for proof of legal residency when they were not authorized to do so. The workers then denied licenses to the applicants, incorrectly concluding that the immigrants had not demonstrated they were in the United States legally, the suit alleges.

    In all cases, the immigrants' lawyers said, the Registry workers were overstepping their legal authority and violating the immigrants' constitutional rights.

    "They don't have the authority to enforce federal immigration law," said Sarah Wunsch, staff attorney for the ACLU of Massachusetts, who is representing the seven immigrants who brought the suit. "But they've taken it upon themselves to do it, and they're doing it wrong. It's not an isolated case here and there. This appears to be policy."

    Wunsch said hundreds of other immigrants have similarly been denied licenses.

    A spokeswoman for the Registry of Motor Vehicles declined to comment, saying Registry lawyers had not yet had a chance to review the lawsuit.

    Under state policy, applicants for a driver's license must present proof of their identity by providing a valid Social Security number, which the Registry checks against a Social Security Administration database.

    In order to obtain a valid Social Security number, an immigrant must be in the country legally. Applicants must also show proof of their age and address.

    All of the plaintiffs presented valid Social Security numbers when they applied for licenses, Wunsch said. Even so, Registry workers rejected their applications.

    In some of the cases, applicants were not given any reason why they were rejected. In the others, Registry employees improperly sought additional proof of the applicants' immigration status and then said the documents were not adequate.

    Registry spokeswoman Amy Breton, speaking generally, said Registry employees do not enforce immigration laws.

    But she added: "Certainly, we've had to become more familiar with immigration documents. We want to make sure we are issuing licenses to Massachusetts residents, because that is what the law calls for."

    She said the Registry has been responsive to complaints that immigrants have been treated unfairly. On Wednesday night, the head of the agency, Registrar Anne L. Collins, met with about 300 immigrants and their advocates in Hyannis to hear their concerns about the license application process, she said.

    In many cases, Breton said, immigrants who feel they have been unfairly denied a license can file an appeal, which costs $50.

    Lawyers for the seven plaintiffs say their clients should not have to spend money to challenge what is clearly a discriminatory practice.

    "The Registry seems to be asking immigrants to produce justification for their presence in the United States," said lead attorney Kenneth Berman of Nutter McClennen & Fish.

    The lawyers said that the problems demonstrate the danger of having state employees who are not trained in immigration law taking on enforcement of that law.

    Two immigrant advocacy groups are also plaintiffs in the suit, alleging that the Registry's discrimination against immigrants forces them to divert time and resources from other activities.

    "This is extremely common," said Desmond FitzGerald, an immigration lawyer who represents four immigrants who were denied licenses in a separate case to be heard early next year. "We want the Registry to regulate the safety of our roads, not enforce immigration rules."

    One of FitzGerald's clients, the wife of a prominent Spanish scientist who is in the United States on a visa reserved for persons of exceptional ability, was denied a license because Registry workers who asked for proof of her legal residency did not recognize her visa. After she sued the Registry, the agency settled the case, granting her a license.

    One of the plaintiffs in the class action suit filed yesterday is an immigrant from Zimbabwe who has a pending application for asylum. The woman, a nurse, has work authorization and had already been granted a driver's license.

    When she tried to renew that license this week, she produced her old license, her Social Security number, and proof of her car insurance coverage, which showed her address. Still, she was asked for her passport.

    The woman, who fled political persecution in Zimbabwe, does not have a current, government-issued passport from that country. She showed the Registry employee a document showing that the US government had granted her permission to remain here. Her application was still denied, as was her daughter's application for a learner's permit.

    "Given how dependent we all are on the right to drive an automobile, the denial of a license is causing real hardship to the people I represent," Berman said.

    The issue of driver's licenses for immigrants has become highly charged over the past year, as the national debate on immigration has grown more fractious.

    The question of issuing driver's licenses to illegal immigrants was a matter of fierce dispute during this year's gubernatorial race, in which Governor-elect Deval Patrick said he would consider giving licenses to those who are here illegally. He was pilloried for that suggestion by his opponent, Lieutenant Governor Kerry Healey, who with Governor Mitt Romney has taken an aggressive stance against illegal immigration.

    Immigrants' advocates said they worry that the Republican administration's zeal is causing Registry employees to punish immigrants who had followed all the rules.





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  • dilbert_cal
    04-05 11:45 PM
    P.S: Just to be clear, I am referring to Regular Updates to DONORS i.e CONTRIBUTING MEMBERS

    Cant help but chuckle on your choice of words - DONORS = CONTRIBUTING MEMBERS.

    So, others who volunteer their time, ideas ... are not CONTRIBUTING MEMBERS if they haven't paid 25 dollars in March ( since DONOR status started from March and 25 dollars is what is required to be a DONOR )

    From a person who is in senior management position I'd expected better choices of words.

    Now on to your point of more regular updates -- let me ask you this - do you give weekly updates to your subordinates every week ? Do you share your strategy plans every week ? I believe whenever their is a material update to be shared, IV core will share it - predicting the frequency of it OR assuming that you will get an update every X days and see a progress is not a good practical idea.

    My apologies to you for my reply here and given your PD and the wait you had been through I can understand sometimes its hard to have any more patience but asking for more regular updates or calling DONORS as the Contributing Members is not going to help us in achieving our objectives.



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  • pappu
    10-13 07:40 AM
    The silicon link does not work. Have they removed the article???
    try now

    http://management.silicon.com/careers/0,39024671,39163118,00.htm

    management.silicon.com/careers/0,39024671,39163118,00.htm





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  • skd
    12-31 05:18 PM
    OK.What you visualize when someone says God or when you do prayers to god?.Just curious...

    As you Said God means different to different religions followers like for Christian God means "Jesus" Hindu God means "Shiva/Vishnu/Bramha ..." for Muslim "Allah" , But the Word is Still the "God".

    For them "God" is the one that has created this world , for you its nature that has created this world.

    Same as what to visualize , when you say "nature" creates "nature" . I visualize the nature/god that can create all these "Nature" things.



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  • sledge_hammer
    02-23 07:45 AM
    I have to agree with you on this. Its not like Bollywood did not make movies before Danny Boyle made one about slums and poverty in India. There were so many good movies made by Indians with not a single white or foreign contribution, but never even released outside of India. It took a white man to come and show the world the poverty stricken children of India that the world stood up and took notice.

    My hope is that things will change now. Just as the world has realized the technical talent Indians have in IT and Business, my hope is that they realize that we have others talents too!

    All said, congratulations to ARR and Pooktty. I hope Danny Boyle really keeps up his word to those kids to help in thier education.

    I just dont get it. A.R Rehman has been doing amazing work for ages now and it needed a British movie to take him to the world stage. Really, his work in Dil Se...was way better than what he did in Slumdog.

    Bollywood sucks and how!!! They need to figure out how they can take their cinema to the world audience. They've been failing miserably in promoting their movies in the west. Americans welcome change and encourage talent always and our bollywood producers/directors need to tap that.





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  • Springflower
    10-24 10:46 AM
    Congratulations shimul99.

    We could be one of those lucky guys too.





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  • chanduv23
    11-08 12:30 PM
    Lets all pledge that we will work towards a world that will not have any religions like Christian, Hindu, Muslim ..............

    There will be only 2 religions

    (1) man
    (2) woman





    bsbawa10
    01-14 11:48 AM
    This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.

    Exactly, it is a mockery, they are playing with carrers, time and our money on H1 extenstions , EADs and Advance paroles.





    PresidentO
    03-11 12:02 PM
    Heights of stupidity



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