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  • brit_gc
    08-12 10:12 AM
    All,

    i received approval for EAD today for myself and wife See sig for details.




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  • gc28262
    06-28 10:48 AM
    desi,

    I am not trying to make an argument here. I am saying what I am seeing in law.

    Security Clearance.
    I didn't say GC holder can get security clearance. I was listing one scenario where employer is exempt from the requirement as per law.

    <quote>
    Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.

    </quote>

    On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?

    Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.




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  • JazzByTheBay
    09-28 04:36 PM
    Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.

    If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.

    As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.

    It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.

    jazz

    First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.

    The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.

    However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.

    Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.

    I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...

    Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.

    Also, IV should advocate on not to have any restrictive interpretation in final regulation.




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  • cram
    06-12 11:00 AM
    Originally Posted by cram
    Fortunately, my PD became current on May 1


    Did you get your receipt?

    No, I didn't get my receipt yet. I called my lawyer and she said that the checks haven't cleared yet. It's taking toooo long. I don't know what's going on. Anybody in the same situation?



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  • neelu
    12-15 12:49 AM
    You are absolutely right, but that is not the sort of solution that Corporations see as what would raise american competitiveness. That is what this whole thing is about.


    I feel that even if the SKIL bill passes, there will be another bill in a couple of years to bring down the number of H1s. That is because, the American public will raise their voice.

    It all goes in cycles!




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  • marlon2006
    06-21 11:36 PM
    Wait until November for Democrats to gain control ?
    I am sorry, but that is the opposite of what 4 recent elections have shown. In spite of Republicans bad reputation, the American people seem to have replaced incumbents based on their position on illegal immigration/amnesty, not necessarily on their party. Those of us waiting to see Democrats regaining control may be heading towards a disappointment. I am not sure if others understand what we are up against. That's exactly what members of the House want:if you wait after November, more likely than not a number of incumbents may be kicked out of the office. Then it would be easier to pass a House enforcement bill.

    Is the only hope. Reality is that we have to wait for November and hope that Democrats will gain power at the House. Is important to undestand that only the conservative repubblican are blocking and killing the bill. We have to hope for the Democrats to gain control.



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  • wc_user
    07-27 07:35 PM
    Nobody cares about EB3. It is very apparent now. We, who filed in EB3 are on our own.




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  • adusumilli
    09-13 07:12 AM
    mailed on 2nd july received 3rd july notice date 10th sep sen to Nebraska receipt number from Nebraska. delivered at 11:14 am on July 03, 2007 and was signed for by F HEINAUER

    Thanks
    Gopi



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  • sertasheep
    05-05 06:35 AM
    Most of us can relate to the discomfiture and concerns that our members have. Hang in there, I often listen to either Natasha Bedingfield's "Unwritten" to find inspiration (or Shahrukh's Kal Ho Na Ho title song). Find inspiration in something, direct your energies towards something positive, and your quality of life will get enhanced even amidst duress. Write about your experiences, share your grief, and make your voice heard via the various media efforts at IV.




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  • narendra_modi
    02-09 11:54 PM
    Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW

    hahaha...who said that..I am here with you sitting with you guys - in the heart of capital of the world ....I don't need any entry permit ....And in India, no body can dare me even touch to me..they know the consequences ....Sooner or later you will see me in New Delhi's PM chair..believe it or not ..Let them indict me in Godhara & post Godhara & world will remember that day as a turning point of Indian politics !!!



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  • psaxena
    02-09 10:13 AM
    Your transaction ID for this payment is: 32R78275M69540623.
    donated $50

    I will be in India around that time so cannot attend the campaign in person.

    All the best to IV .. hope we get the justice ASAP.




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  • Leo07
    09-11 02:49 PM
    Let's NOT be hypocrites. We are just venting out our frustrations of these never ending Visa Bulletin life...
    We all know that we respect each other and value much more than these occasional emotional outbursts. Donors or Non Donors, USCIS treats us as same shit.

    My take would be, if people want to Donate or find that their Donation could help their cause, they will Donate. We can only request people to Donate and put forth our 'Selling points', which I think Pappu, Ameya and others are doing it already.

    Please don't stoop down to the level of hating each other on the basis of 'Donor' Vs 'Non-Donor'.

    I honestly, think IV should rename that to 'Paid member' or 'Privileged' or 'Subscriber', IMHO, it's NO DONATION. People Donate because they expect something in return...we all want other to donate so that we can have bigger impact, but this is definitely NOT the way to go about it.

    Hope it makes sense.

    Cheers!



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  • bugmenot
    12-11 10:39 PM
    I have mentioned IV to a some Indians. They have no interest. Some of them are not bothered about retrogression. They exepect the GC to fall in their lap while they are sipping tea and eating samosa.

    Also, it is hard to trust a mainly Indian set up. The Indian contracting companies have set a very shameless level. I told my friends that IV appears different but it is hard to change your opinion when you see something else 10 times a day.

    I apolozie to the sensitive Indians if I this is breaking news. But this is the general feeling and a reason for hate in the blogs: where there is smoke there is fire. It is embarassing.

    LOL




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  • EADplease
    09-20 10:39 AM
    wow. Congratulations.

    I also heard from my attorney yesterday that the checks are being processed now. I don't have any information other than that. Can I also call them and get the receipt numbers -- what information do I need to get the number? My case was sent to TSC...

    Thank you!

    Today I saw that my checks were cashed and I called USCIS to get the receipt numbers. The IO was very polite and gave me the numbers. Although I had filed at the Nebraska center, the receipt number starts with SRC (Texas).


    EB2 ROW (Cross Charge)

    PD: 1/11/07

    I 140 Approved (Texas): 8/22/07

    AOS sent (Nebraska) : 7/26/07

    Receipt /Notice (SRC): 9/17/07



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  • gondalguru
    07-02 08:42 AM
    Sent july 28th
    Delivered to NE July 2nd, 7:55AM
    Signed by R Williams




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  • sam_i02
    07-10 08:33 PM
    Just got back from Canada.
    All went smooth. Upon arrival at Toronto (Pearson) Airport, the Landing procedure was very smooth and pleasant. No questions asked about our business in the US at all and about how long we were going to be in Canada. We dealt with 4 different Canadian officials at various points in the landing process and all were very pleasant and easy going.

    We stayed in Canada for a week. Liked it. Did a lot of sightseeing and research all over Ontario. We will be going back in December to British Columbia to check that side of the country out and decide where we would live if we move to Canada.

    This afternoon (07/10) we flew back to the US. Once again we got no questions about our business in Canada. The US IO did ask how long we were there for.
    The AP processing took about 45 minutes and after that we hopped on the puddle-jumper and landed in Baltimore. The US IOs were actually the nicest i have seen (had not left the country since 2000) and i noticed that all the IOs were minorities (middle-eastern, Indian, pacific rim origins).

    Overall good trip + we have Canada in our back pocket in case there is no progress with our US GC in the next 12 months. I recommend others to do the same, our whole process took less than 2 years. Plus we did it on our own without any attorney. It is quite straightforward.



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  • arnet
    05-23 12:32 PM
    Thanks IV. Sent email to 10+2 and also to the following state senators: AZ,AK,CA,IL,AL,CO,CT,FL,ID,MA,PA. Will try to sent to other state senators too.




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  • RandyK
    05-23 08:52 AM
    :cool:




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  • immihelp2
    12-16 01:55 PM
    Thank you all for your wonderful responses, I am overwhelmed by the feedback. Some of you have posted such detailed things and personal information, for which I am very grateful. I intend to print out the thread and keep it on my desk for instant inspiration :)

    Matthew Oh has summarised the predicament of folks in a situation such as mine:

    12/16/2007: India EB-2 Retrogression for Two Years and 2002 and 2001 Priority Date Applications

    Traditionally, the legacy INS and USCIS have been exercising its discretion more or less expediting those cases whose visa numbers would be retrogressed substantially to relieve them from the hardship. We have no information available about the number of Indian EB-2 cases with the priority dates between January 2002 and January 2000. These cases are available for adjudication in December 2007. These cases could have been those received approval of the traditional labor certification cases which were approved before October 1, 2007 by the DOL Backlog Elimination Centers. Unfortunately, the huge retrogression will occur during the nation's most celebrated year-end holiday period when the working days and adjudication resources will be very limited. We trust that the USCIS leaders are and will be doing everything possible to adjudicate these Indian cases before the end of the year.




    CADude
    10-12 03:24 PM
    My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.

    Please don't miss this chance:
    Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless. Not for today nor for future.

    USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D




    rc0878
    09-17 09:44 AM
    Do let us know incase your receipt numbers start with WAC

    Hi,
    My Checks are encased on Saturday 09/15th. My Applications received nebraska on July 20th. Since My I-140 is from Texas, the case transferred to Texas.

    Just Checks are cashed, not yet recieved any Receipt Notices yet.



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