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  • BrazilianCitizen
    06-06 02:05 AM
    EB2 - PD: Dec/2004 - filed June/4. I will let you guys know when I receive the receipt notice.
    Thanks for starting this thread.




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  • vbkris77
    05-04 08:09 PM
    OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.

    Below is the link

    http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782



    TITLE 22 - FOREIGN RELATIONS

    CHAPTER I - DEPARTMENT OF STATE

    SUBCHAPTER E - VISAS

    PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

    subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS

    42.32 - Employment - based preference 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 indicated below.

    (a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.




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  • Sachin_Stock
    09-23 02:15 PM
    "EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.


    EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

    EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

    Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

    P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

    If portings from Eb3 to Eb2 are legit, and you still consider that to be fraud, then everybody's Eb-2 applications (resulting from with or without porting) are potential frauds.

    Thats a ridiculous assumption!




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  • krishnam70
    07-05 10:51 AM
    Guys
    this is pathetic.. wake up can you not spend 30$ from your pockets to make this thing happen? Why would you not want to do something that is so different and would be effective if all of us do it together.

    cmon, arise,awake.



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  • punjabi
    02-02 03:04 PM
    Well guys...

    I agree that India is a land of pollution - polluted air and polluted minds (corruption, jealousy, materialistic attitude), it is still a very native part of our life. No matter where we live on this planet, whatever hapens in India, we do get affected by it.

    I just visited India after 7 years. As far as India goes, I love:

    -- My parents living there, perhaps they will never come to USA to stay with me permanently, and
    -- The school kids I see on road in their school uniform, waiting for their school vans or walking as a group, making jokes and laughing out of their breath.

    I always wonder that they do not know what hardhsip lies ahead of them, when they grow up after finishing their school - competition to get college admission, studies, competitive jobs, corruption, ever rising cost of living, etc. etc.

    Most of my old friends in India have gone too busy in making money and 'rising on the top". It is as if they are in some kind of a race in panic, so they don't get left behind everybody else and what not.

    What does "rising on the top" mean anyway? Whom are you collecting money for?

    I recently bought the latest Samsung 3D LED TV to have a better movie experience. And I noticed that I enjoyed movies on small 22" inch TV more than I enjoy on a big LED TV - provided the movie is good and I have a good company.

    So my friend (who is leaving for India)...

    You can find happiness and joy in little things in life, irrespective of where you are staying. These commodities are not exclusively sold in India or anywhere else.

    If you have made a decision to move to India, be proud of it and do it! Just set a good example in india and don't get involved in the dirty corrupted cycles there.

    Good Luck!!




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  • vinabath
    04-22 03:16 PM
    Non-compete are notoriously hard to implement.


    Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.



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  • Ramba
    07-09 02:57 PM
    Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.

    BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.


    __________________
    Not a legal advice.

    In this enforcement climate, self-employment is risky too. The memo is not a binding rule. Having said that, even if any one chose to self employment, they must have very proper documents including long-term contract agreement with few clients, that explanis the service you provide shold be in-line with orginal I-140 job duties. In current H1B denial rate becuse of client letters RFE, the self employed AC21 cases shold be more prepared, in case of RFE.




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  • txh1b
    08-26 09:03 PM
    I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.

    In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.

    The filing date on SR is manually entered by the person opening the SR. It has got nothing to do with your real filing date. All that matters on the SR is your A#.



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  • webb4
    08-21 09:32 AM
    Category: EB2 India
    PD: 2/10/2006
    Service Center: NSC
    RD: 8/2/2007
    ND: 9/12/2007
    RFE: Oct 2008
    Interview @ San Jose Office: Jan 2009
    Interview Result: Pending Visa Availability.
    8/1: Created SR. Reply on 8/10 your case is under review, You will receive decision or notice of action in 30 to 60 days.
    8/2: Infopass Appointment @ San Jose -- IO bought the file to the counter and asked for EVL and also a letter from company stating they support my I140.
    I work for Top 5 company in Silicon valley. Company attorney got the required documents in 3 days. IO also generated FInger Printing appointment the same day.
    8/11: Infopass Appointment @ San Jose -- Submitted the EVL and other documents given by the company. IO made copies of our Finger Printing notice.
    8/19: Infopass Appointment @ San Jose -- Officer checked the status of our case and indicated visa number has been assigned. Files are with the same officer.
    8/20: Card Production ordered for my wife and myself.
    { 10 yr + 6 Months in this country ( F1 - Masters - H1 - Green Card)
    Thanks to VLDRao / Q for starting to predict dates in EB3- Eb2 prediction thread which really gave me hope of getting my green card.
    All the best to all you folks.




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  • dkshitij
    02-11 09:41 AM
    I donated for the first time yesterday. I intend to help out as I can. Could someone please let me know how the access to Donor forum works? Thanks!



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  • arc
    11-21 05:32 PM
    Mehul

    I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.

    - Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees.

    - There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.

    - Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.

    - Life in India will also be less expensive if you decide to live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.

    - I am sure you must have looked into cancer survivor stories, stem cell research, marrow transplant, blood transfusion and treatment options.

    - Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.

    God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.




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  • buddyinsd
    08-26 02:36 PM
    All the wait for nothing? SUCKS BIG TIME

    May be avoid and defer..



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  • BECsufferer
    01-30 07:49 PM
    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?

    Hmmm ... not generating salary, means you are not working currently. But your employer hasn't revoked your H1 ( or work authorization, i don't recall exact term), which mostly they do or are supposed to do. Which is good, if you have freindly terms ask for to be sent on un-paid leave. Plus if you have paid leave pending, maintain that so incase your employer has to issue pay check, he can tap into this.




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  • Dhundhun
    07-12 01:40 AM
    I was plannig to go to Canada to take care of the landing formalities, but happened to visit this website, http://www.notcanada.com.
    The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
    Can someone validate the details provided in notcanada.com

    Canada has been lacking of much opportunity and your friends may not open hearted to welcome you there and create opportunity. Perhaps they themselves feel at risk - or really lack of opportunity. I have been Canada for execution of couple of projects in early nineties several times.

    It seems that it is no longer true. My son has couple of friends there and now his friends are proactively discussing about opportunities.

    So I feel that for job scenarios will be very much different for 15 years experienced persons, 10 years experienced persons, 5 years experienced persons and recently graduated persons.

    It may be better for young graduates. If you have 15+ years experience better to explore more.

    This is based on personal experiences.



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  • ss_79
    05-10 04:19 PM
    Below is my post from one of the other threads and think might help the discussion here...

    I sincerely think that the reason why various immigration agencies are getting away with 'doing nothing' for Legal immigrants is because media does not discuss the backlogs in the immigration system. If we can focus on some really shocking statistics....data...and request some reasonable media personnel to discuss and take up as a story...it would be more helpful than all flower campaigns...and other forms of protests. I wrote to Fareed Zakaria today and you can do so as well. We can try other famous personalities on CNN such as Soledad O�Brien. If you know anybody on the Fox News side who might sympathize and investigate the issue, try them as well. Every media and politicians bracket us in the same group as illegals or fraud H1Bs...that image needs to change before something can happen...its absolutely bizarre and immoral in my opinion when the head of DHS cannot go to congress and say that there is an unfair situation for Legal Immigrants from India/China in the immigration system and she needs temporary assistance in fixing the system. Sec of State and Head of DHS surely have the authority to refer an unfair situation in the congress for a temporary legislative solution until the CIR is addressed.




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  • GCwaitforever
    12-12 06:17 PM
    :D

    Asking help from Senator Sessions for your G-card is like asking help from Bil Ladan to wipe out islamic terrorism. I w'd be extremely curious to read his reponse if you get one at all.

    This guy was talking about benefits of legal immigration and introducing Canada/Australia style G-card system only a few weeks ago when law makers were discussing illegal immigration. When it came to legal immigration, then he stood against it like a wall of ice. Talk of people using divide and rule, he is the perfect example of that.

    On a sad note, it seems even Dems are doing the same thing. When Cornyn wanted to put our bill in India Nuke bill, Joe Biden said dems will take that up along with CIR next jan. Same old game of promises and betrayal. Now even dems will not be taking up CIR next year as this has been turned into a very sentimental issue now by Lou dobbs and his xenophobic racist gang. Did not you see Nancy Pelosi's agenda for january? They are worried about their presidential and house races in 2008 and don't want to take any chance. Harry Reid might say this is one of the first things on his agenda next year and Tad Kennedy and McCain might keep meeting and talking over a cup of tea, but we have seen all this drama so many times that it does not thrill us any more.

    Bottomline, we are not needed the way we used to be in '70s and '80's and so be contended with the current pace of g-card processing. If you have patience and luck, stay here, else leave.

    Thanks for your advice. The intent of the letter is to show a different perspective to Senator Sessions. Nothing more or nothig less. He said he did not receive any feedback from legal immigrants. Fine, we say here it comes. If he continues to block legal immigration reform bills, he has to find another pretext, not "no feedback from immigrants".

    There is always a rational side in every human being. Senator Sessions is smart. Let us hope Senator Sessions surprises us by bringing his own version of EB immigration reform.



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  • mita
    08-12 02:31 PM
    Did anyone receive card mailed e-mail/status update? I saw one member receive that.




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  • VMH_GC
    07-06 08:47 PM
    People lives in Tri state, shall we have similar rally in New york City on July 14th?




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  • ramus
    07-07 09:27 PM
    I am sure we will get more member in DC. We can take a poll and see how many wants to join in DC. IF poll turns out to be large then we can plan.



    We will only come to this forum. We are 100 guys ready in DC.




    Chris Rock
    08-09 09:41 AM
    I agree with you 100%.

    If you or any one else is planning to move forward with some plans for helping EB3 folks, expect some serious opposition to your efforts. Many EB3 folks themselves do not see any need for EB3 only actions.

    A bunch of us talked to a lawyer regarding the INA and the initial reaction was not very encouraging. The lawyer was suggesting us to convert to EB2.

    Hilarious.... Hilarious.....

    1) EB2 with PD like 2007 and 2008 will certainly oppose. It is understandable. But why many EB3 folks themselves oppose it? Because they are with "looser mentality". EB3 folks, listen! No body cares about you. Then why do you care about other categories. Don't be a looser. Take care of your problem first.

    2) The lawyer was suggesting us to convert to EB2. You bet. Dont you know why?

    Most of the EB2 got their GC. The only loosers are EB3. With IV's reach it can easily help EB3. I told this many times before. But IV core is saying it will be very hard to even do a simplest releif measure. I simply do not understand. I hope and pray IV core will listen this time.




    drirshad
    08-13 11:12 PM
    Cool calculation ..............

    On aug 9 th, USCIS nebraska center issued a total of 4063 receipt nos for 485, EAD, and APs.
    see the link http://.com/discuss/485eb/20866725/
    From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.



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