Monday, June 20, 2011

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  • saimrathi
    07-10 11:48 AM
    Any news from the men/women on the "front line"?





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  • bkr
    08-30 11:01 PM
    GO to Trenton DMV (theoritically every DMV), they will give you a DL till 6/20/2008. Due to these delays in H1b Extensions, NJ DMV's extending the DL another 90 days expecting that will suffice

    Thank you Pappu and Teachmeamerica07. Luckily my H1 got approved after responding to the RFE in the first week. Hoping to get the papers by next week.

    Wish you all the best for those who are experiencing this problem.





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  • aadimanav
    08-15 06:28 PM
    * bump *





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  • amitkhare77
    12-30 11:56 PM
    true, my green card was filled EB 3 Software Engineer, today I am an architect, jumped 3 level up . I dont know why you can't get promoted.
    You can still get promoted while on H1B just don't give up hope. If you're not getting promoted even if you're performing well, then there's something fishy going on with your employer.



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  • waitforgc1
    06-12 11:57 AM
    Ron Gotcher said something similar... they may be trying not take any more
    applications from 2000-2009 until they finish the backlog. That may be one of the
    reasons why they may have retrogressed to 2000. Just my 2 cents.





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  • chanduv23
    05-13 02:50 PM
    Thanks for your advise and i agree with your thoughts.

    I thought of leaving this company several times, but I am working in this company for 6 years and the only company I worked after coming to USA. I invested so much for this company, like working beyond work hours, working in the weekends, making up the project deadlines for the incompetitive colleagues etc. etc. and now just waiting for my Green Card. There were so many times I thought if I get my Green Card I am going to leave this moment. Years passing by and with this retrogression thing, there is very little hope of getting it soon...

    The positive thing is, my direct supervisor is very nice and I can voice my opinion and she understands me and completely supports me. I am just praying god that I should keep working for her till I get the GC.

    I would only say "Hang On", or move on if you can. A lot of people in same situations, never want to discuss issues openly.
    Patience does help, and maybe all the good is stored for future.

    Most important is how you deal with stress associated with racial slurs, difference in treatment, and all the above issues. This has direct impact on health and many people in these conditions are victims of stress.

    The h1b - GC situation is well known to everyone and they know you are indentured, some managers are called problem solvers (they pretend to hear ur voice, help you from their side and get the work done and try to ease pressure off you if they have an option), whereas some managers are called problem creators (they add additional pressure on you and make u miserable so that they get the work done). The reason companies support their American workers who involve in racial slurs is to avoid issues. It is easy to kick you out and blame you rather than catering to ur problem.



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  • greyhair
    05-18 11:53 PM
    I just signed up to join everyone in Washington on 6th, 7th and 8th June. My family is joining me. I want to find out if a 2 year old child is allowed in these meetings?

    Go IV





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  • gc101
    08-01 06:44 PM
    I think most important things you need to consider: (Considering the fact that PD will be pushed back to stone ages in September Bulletin)

    a) Hope that your I-485 Application is not approved before your PD becomes current. If this happens, it's a royal screw up until your wife keep's her own status (F1, H1).

    b) Earlier, it was predicatable when your PD would become current and it allowed most of the folks to add their spouses at later time.

    c) Bigger question is whether they would process on the basis of PD or RD. I think it's unfair to do it on basis of RD as most of the people would be jumping lines. Currently it's done on the basis of RD, but USCIS might change their SOP because of this July VB Fiasco.

    d) As others suggested, make sure to maintain your H1B status as long as possible without invoking your EAD. This way, you can continue to keep your wife on H4 status (Unless she can keep her own status for atleast another 2-3 years).

    I am in the same boat with EB-2 PD of Aug 2005. My spouse is outside US to get her F1-H1B stamping as her OPT Expired few weeks back.

    Hope, USCIS would allow filing for dependents at a later stage even your PD is not current. :confused:

    a) That is what I am hoping. If not, I am screwed. I planned to go ahead apply for I-485.

    b) ??? :(

    c) If USCIS doesn't go by PD, everybody is screwed....

    d) as long as possible --- What does this mean? I have to keep on extending my H1B , that's all , right. Or while coming back from India, will the Immigration officer force you to start using EAD?

    Comments would be appreciated.

    Thankyou,
    gc101.



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  • dagabaaj
    01-23 11:13 AM
    The discussion is what we should do to act on these issues. IV core has been (I assume) assembling data for some time now to have valid numbers for some action items. Let's get on with the action items now and see where they take us. If that is deemed unsuccessful then we go for the next. We keep trying. That should be the motto. My 2 cents.





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  • ps57002
    10-07 08:00 PM
    will be there.

    Do update the poll if planning on attending :)



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  • amitjoey
    06-30 01:13 PM
    I am not sure about this but one thng can certainly happen with Admin Fix.
    Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
    Or
    AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
    USCIs can make these fixes but they dont want to do it. Its simple

    I wish it was so easy. USCIS cannot just do fixes on their own. Getting the administration to support us and get some fixes is what IV is working on.

    I wish more people had come to the advocacy event. They would have seen first hand what amount of hard work has been put in. The kind of commitment and personal sacrifices members have put in to not only get the ball rolling on the admin fixes but also building relationships on the hill.





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  • a.j.2048
    10-02 05:31 PM
    Did you try the same.

    No. This was the recommended workaround by a parents group that intended to file a PIL at one point. I will be able to try this next year though. I will send out the letter above too.



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  • EkAurAaya
    05-14 05:20 PM
    Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!

    My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?

    Also what are the wait times for CP in Mumbai India?

    Thanks!

    May we all get outa this mess :cool: and move on with life!
    =======================
    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.





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  • Marphad
    01-13 05:54 PM
    are logic life ko nahi jaante aap?

    logiclife is a bhagwan .... he is sabka baap .. sabse bada saanp.... aaj kal chup chaap :D:D


    (translation: ramblings in hindi language ... the crawling vb has made me sick & delirious)

    I think you meant "saab" and not "saanp" ;). Or it was a deliberate mistake :D Just kidding.



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  • jetflyer
    07-02 10:24 AM
    I support this for point #6, to me if USCIS + DOS worked slow and wasted 200K visas then we shouldn't be paying price for that. They need to make it up and correct their mistake. Its not that hard but we need to raise voice, if the culture of this country suggests that we should go Lawsuit route then we should follow that route.

    I think USCIS is also looking at closing loop holes, and to avoid a lawsuit that USCIS is purposely delaying GC and milking thru EAD/AP renewals they have changed to one-time fee structure. So we should hurry before they bring some kinda memo to block recapture route too.

    my 2 cents!




    6. Lost EB visas for USCIS / DOS mis-handling.





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  • stormlake
    10-01 12:09 AM
    yahoooooooooooooooooooooo :D:D:D



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  • vghc
    01-14 01:48 PM
    We are so screwed!!!!
    But look at the bright side....at least we have a job.:o





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  • BharatPremi
    10-24 07:27 PM
    PD - EB3 from Bangladesh
    i140 got approved on Sep 2007
    Fingerprint Sep 2007

    Congrats buddy for your freedom from this hell. You mentioned that your I-140 approved in Sep 2007. When did you file your I-140?





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  • eb3_nepa
    07-10 09:20 AM
    Lets not hope for results just act. If Gandhi could drive Britishers out of India using this approach, USCIS is also made of human people and sure they will do something to lessen our pains.

    The British were a bit smarter;). Here we have problems explaining to the average American (which include the officials of our Senators and Congressmen), the difference between h1B and Green card. Everytime I send a fax to the Senator regarding the Green Card, i get a reply about how they do or do not support H1Bs.

    In this whole flower sending campaign, we want the message to be LOUD AND CLEAR. Gandhigiri alone did not drive the British out of India and even if it did, let us not forget in that case the British were on Indian soil, here we are doing Gandhigiri in another country ON THEIR SOIL!!





    praveenuppaluri
    04-08 01:41 PM
    What is anyone willing to do to get the updates ??

    ...we could leverage the enormous dedication of the core team and multiply it several fold, ....

    Completly agree with this point.. no questions there.. we need to have more people who can help multiply the efforts of CORE..

    ...
    there are several ways in which we could implement the update process so that information is only shared to a predefined "pool" ... I know this takes work, but if the Core is looking for a person to pull together a Conference Call to compile this update and send it out, I would be glad to volunteer my services.


    lets wait to hear how CORE wants to have that pool generated.

    my thoughts, people can contriute, (a) money only (b) money and some personal time (to gather data and compile them) (c) money and personal time to organize state chapter meetings and meet with local autorities or senstors (this is state chapter leaders today) and (d) money + lot if time + lobbying (CORE)...

    I have seen some emails in GA chapter for some meetings.. Working actively in those state chapters and contributing should be a good "pool" who can get these updates... also, this will encourage genuine people to participate proactively in state chapters and grow IV, which is the main goal for any grass-roots org.





    jonty_11
    06-28 12:37 PM
    With this rule in effect from july 2nd, what happens to the cases filed before in PP but it is in pending status with an RFE.

    I had received RFE on my I-140 on June 1st and replied back on June 6th but there is no update since then from USCIS.
    dotn worry...this stuff normally is for any new applications only!!!



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