Monday, June 20, 2011

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  • alien2006
    10-24 10:19 AM
    I know a EB2 India application (obviously not mine) that was approved after this July fiasco and no where I could find his PD date current in those previous months (except July where everyone was current). After this guy got his GC, I am convinced there is no "system" in place. It is all random and you can't really predict anything. :mad:

    Congrats OP :-)





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  • coopheal
    10-07 11:18 AM
    Could be -ve too .We will all be surprised if we see a +ve movement.

    We have been watching VBs ever since Jan 2005 when priority dates were added.
    . 1/1/2005 10/1/2008
    ------------------------------------
    All - C 1/1/2005
    CH - 1/1/2002 10/1/2001
    IN - 1/1/2002 7/1/2001
    ME - C 7/1/2002
    PH - 1/1/2002 1/1/2005

    ROW has shown some progress, but CH, IN, ME is behind what was in 2005. Thats almost 4 years after re-introduction of priority dates.

    We need a solution now.





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  • malaGCPahije
    09-26 03:53 PM
    Why is llc less risk? i know that the legal paper trail requirements are lower... but i dont know of any other major benefit than ability to share profit and loss disproportionate to ownership stake... which could be a double edged sword too... what risk is covered in llc that is not covered in corp?

    in fact i chose corp because it was cheaper.... thats it.

    the low risk lies in the fact that any adverse decision you may have to take ever (God forbid) like bankruptcy does not affect your own personal credit history and assets. I am not sure whether the same exists for corp or not. So I may be wrong regarding the low risk factor of LLC. But I always had the notion of starting any venture as an LLC and then moving on to a corp.





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  • mihird
    09-15 10:28 AM
    Its very interesting to read about people�s different perspective about same thing we are all after.. lets ask ourselves.. honestly why we do want GC and I am sure we all would have multiple reasons for this in our subconscious but would not like to bring it to forefront because it would only undermine our own ability to fight it or make life more stressful.. but end of the day we all want this card.. for me I want it mainly for security and peace of mind�lets look at the different situations.. these might be extreme but we all might have thought about these situations atleast at some point in the recent past� .. and especially the people in the seventh year

    1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �

    2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..

    3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..

    4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC

    5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..

    1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
    2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
    3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..

    Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...

    We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�

    Good Luck and lets keep up the effort... :)

    First and foremost, if you lose a job, it doesn't matter what your immigration status, life is going to become difficult for you and your dependents.

    I lost my job in the 7th year of H1 but since I had well researched and planned for that scenerio before entering into the 7th year, I am still here in a new job with an anticipated 3 year extension from 2007-2010.

    If a lobor from your previous job has been pending for more than 365 days, you are able to port the benefit of the 7+ year extensions to the new job. This will let you survive the 7th year job loss.

    Likewise there is a "best possible" solution to all the hardships that you have listed above and that "best possible" solution will vary from person to person and hardship to hardship.

    Life takes planning, no matter what your immigration status.

    My friend who is an EB GC holder just sold his house and took a $40000 loss. Bad planning on his part. Purchased the house at the wrong time and sold it at the wrong time too.

    Since he sold his house, he is forced to move and so his kids schooling is distrubed too.

    Its been 3 months he has moved to his apartment and his other half doesn't like the apartment lifestyle after having lived in a house for a year.

    Did his GC help in all this???

    Compare that to me, I am not a GC holder.

    I am sitting on $240,000 equity in my house for which I have no plans to sell.

    I too was forced to move due to a recent 7th year H1 job loss, and miss my boating trips to the lake near my old house. My new job is a 100 miles away from my house so I decided to do weekend commutes to the old house, and still manage to hit the lake every weekend.

    My better half also didn't want to move in an apartment due to my new job. Good enough, we leveraged the equity in our 1st house & higher income from the new job to buy a 2nd house near the new job site.

    Did my not having the GC hurt???

    GC or H1 didn't matter, good planning is what has helped me, and bad planning is what doomed my friend...



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  • terriblething
    06-12 03:01 AM
    I was charged Class 1 misdemeanor with battery at California. If I finally reject DA offer (only waive Jail time, but keep the same charge and 52 weeks anger control classes plus 3 yr probation), I have to go jury trial middle of July.

    My wife and I just kid around at our apartment, she suddenly scream as pee on pants. (probably from my holding, but at least it is un-intent accident) but she did not tell me the reason that time. As she scream very loudly like be out of control. I try to comfort her but no result :(. Then 2 neighbors call 911. Cop comes, my wife said we kidding around, but not say the real reason for embarassment, sure there is no injury, no mark. But I am so stupid to describe the detail and said word "drag", In my poor English, drag is not that serious. Actually I just lift and hold my wife and try to move her to study room as she want to go there. That's all. But that time, I did not realize that serious. That cop record I am irritated and drag my wife's hand and push her to computer chair ( I really not said that push to chair thing), then she screaming! I was immediatedly arrested that time and leave the fingerprint at police office.

    Then I hired a criminal attorney, but DA refuse to dismiss or reduce my class 1 level charge. Only waive the jail time. My attorney said my own statement is not good for me and easy to be attacked.... he tried to persuade me accept offer... :(

    I feel really upset but hardly to accept DA's plead to guilty offer. Both my wife and I think I did nothing wrong. Now my wife try to contact DA through email.

    I prepare the worst thing, if lose the case in jury, will my GC gone? I filed 485 last June and fingerprint August/2007. The arrest happen at earlier March. And worst case, will I be deported immediately? Now I still in H1, expired at 2011.

    Really appreciated if you can give me any advice.:(





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  • mariner5555
    05-13 02:08 PM
    I fail to see what is unjust about this. They move unused numbers from EB1 to EB2 because it works this way.

    EB1 -> first level of preference
    EB2 -> second level of preference
    EB3 -> third level of preference

    Now are you saying they should skip level 2 and drop some unused numbers from 1 to 3 directly? Why? That would actually be unjust.

    To be fair, the US immigration system cannot be blamed because a lot of us desis have entered the queue.
    it depends on who is in which category ..I feel the above (1 -2 -3) is unjust ..not that I/we can influence how it flows. my view is that the category which is at the end should get more visas ...and I would support this even if things change tomorrow (EB3 current and EB2 severly retrogressed or EB-wwide - retrogressed ..not that it will ever happen !!)



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  • HawaldarNaik
    02-25 01:06 PM
    I think its high time now that we do something more concrete rather than send flowers/Pijjjaaa/ Vada Pau/ Pau Bhajeee/Medhu vada etc etc....

    Form small teams who will start interacting with men who matter...make a roadmap among themselves and start discussions or convince the men who matter that its high time we get things moving

    I am willing to be part of a team/core group that will escalate it to the concerned people rather than taking of flowers/bhelpooreee etc etc....





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  • mqualique
    09-20 09:48 AM
    .



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  • mallu
    10-23 09:14 PM
    I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.

    I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.

    who didn't fall to namecheck black hole.





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  • oldschool
    08-15 09:28 AM
    Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.

    Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?



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  • gc_coming
    09-23 08:22 PM
    Hi Gurus,
    I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help





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  • bindas74
    03-18 04:13 PM
    I am following from the start of the original post. This was a post by a new member who appears to create rift among the EB2 or EB3. The reason I believe is he just want to incite in such a way that few other folks will respond and keep the thread floating. Later few other posts by himself were created with different ids. just observe the trend and you will notice it.

    So folks dont respond any more and this rift creation will die down.

    I hope the admins keep this thread open and not kill it. I am not sure what the intentions of the OP ( some of you claimed that he wants to create a rift ), but this is definitely a valid concern for all the EB3(I) guys. This is a natural reaction to the frustrations of EB3(I) guys just like the mass upheaval during the July 2007 VB fiasco. Since it was across the board, there were no differences. Now since this involves only EB3(I), there is not much support from IV or others. But in my opinion, this is as much unfair as the Julay VB fiasco.
    Some of the EB2(I) guys are worried that their GC dreams would get delayed if there is any Admin fix for EB3(I). For all those individuals in EB2(I) who want to oppose any kind of admin fix for EB3(I), I just want you to think about it. Is it really fair? There are individuals in EB3(I) waiting since 2001 - a total of 8+ years. Don't get me wrong - but some of the EB2(I) guys who have applied as late as 2006 and 2007 are expecting/hoping to get their GC this year if there is a spillover. And I think these are the individuals ( not all of the EB2 guys though ) who are opposing any kind of admin fix ( please dont yell at me or curse me etc...if you are not one among those mentioned, then please dont worry..this is not about you::) Ofcourse i would like each one of us to get GC as soon as possible) to EB3(I).
    And I dont see why there will be a rift between EB2 and EB3 if each of us follows net etiquette in positng responses. Let's do some constuctive brainstoming - without getting into perosnal attacks or getting too emotional. Let's do what is right and not what each one of us thinks is right. Then I guess there wont be any rifts. The only thing I am asking is to get EB3(I) to advnace a little bit. I am not asking for it be on par with EB2(I). I hope some of you see a point in my frustration::))
    Do you really want EB2(I) to advance to 2005/2006 while EB3(I) guys are still languishing in 2001? That's totally unfair in my opinion. I know this world is not fair but how can anyone else try to divide us if we all stand united? And to stand united, EB2 guys should be willing to support any initiative to help EB3(I) move from stone ages::))
    Peace!
    ( I am getting ready with my body armour for all the brickbats various people are going to throw at me::))

    Regards



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  • gapala
    02-15 02:26 PM
    If you really look at who is paying less and misusing the H1-B and L1 to manipulate the job market, its the big offshore companies who bring the less experienced folks from India/China and other asian countries into US. These biggies pay way too less (52 to 57K) to these folks than what the conultants who work for local consulting companies make.

    They apply for 1000's of H1B's and L1's showing the positions in US but 60% of the folks works back in their offshore centers in China or India with H1B/L1 stamped on their passport. Question is, if they applied for H1B / L1 based on an existing position in US and gets approved, why is that folks are still working in India or China center? Doesn't that mean they faked the position?

    When we consolidated the vendors and excluded all the local consulting companies to include only two of the big offshore companies, we have seen their consultants brought onsite leaving them after few months at our group to join local consulting companies for better pay.

    To me, they manipulate the job market displace americans much more than the local consulting companies.

    I truely hope CIS look deep into these manipulations and frauds as well.





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  • saimrathi
    08-27 09:13 AM
    I beg to differ.. My PA DL is based on my Work Visa, hence it expires on the day my visa expires.. I tried to renew online and the system said since you are not a citizen u have to go to the DL Center for a renewal... Maybe your DL is from the time you were student or otherwise...

    The best thing about PA is through online.

    Visit the below link
    http://www.dmv.state.pa.us/driverLicensePhotoIDCenter/renewNonCommercials.shtml

    and click on renew online. Here you have to enter your details and pay through credit card. You will receive the confirmation letter (DL60A/DL60R) through regular mail with in 10 days. Take the letter and go to the DMV for photograph.

    The photograph folks don't ask any immigration documents, just the SSN original card. That's it.



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  • thomachan72
    07-31 07:50 PM
    I think they will adopt a new system. Old one has turned out to be boring.

    EB1 Current
    EB2 (India/China) Very current
    EB3 (India/china) Very very current
    ROW (what the heck there is no need of ROW anymore)





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  • ilikekilo
    04-14 09:34 PM
    Thanks you all for the responses and help. We are searching for employers who can help me out in the situation. Most of them are thinking twice bcoz I am pregnant and have to take maternity leave within a 2- 3 weeks.

    Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.

    YOu stated " 3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages".............

    THAT IS NOT TRUE. here is the fact

    1) Under HIPAA ACT , pregnancy CANNOT be considered as a pre existing condition by GROUP HEALTH coverage . This means you can also get health insurance by applying while u r pregnant.

    2) you have 30 days to enroll the baby after birth

    refer to these:
    http://www.dol.gov/ebsa/publications/newborns.html
    http://www.dol.gov/ebsa/cobra.html

    Although, in my opinion the important thing you may want to know is "what is the waiting period for your husbands group coverage at his new job, is it 30/60/90 days?

    bottomline: if there is a waiting period for him(which means for you too inorder to enroll in his insurance) then you still have nothing to worry, you have COBRA.

    Either way you are SAFE and should be covered

    Like the other OP mentioned, Obamas adminstration passed a law where in you can tax deduct the cobra expenses too.

    So I dont see any problem whatsoever. So be cool, good luck to you and your family.

    I know some OP's are suggesting legal options, with all good intentions ofcourse, but personally, I would not think about it, atleast for now as you may agree that EOD mom and baby's health are paramount.











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  • helix
    06-13 03:55 PM
    According to the report, there are 100K to 150K applications pending to be processed (guessing PD is current and hence includes dependents) and 500k to 750k applications expected if PD becomes current. If we assume 2.1 dependents on an average, this comes to 1M - 1.5M applications if PD is current. So is the total 1.1M - 1.65M? Does that sound right?





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  • qualified_trash
    09-15 10:37 AM
    I am not sure any one one of the people who made the above posts have their GC......... I would actually agree with mihird.

    if you plan your life, you can overcome most obstacles, not having the GC included. it is folks who do not plan long term that are in trouble





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  • masala dosa
    03-27 02:37 PM
    Wow PCS, your case is great example!!!
    I vote for PCS





    legal_alien_007
    07-09 03:30 PM
    I agree. There is no point in this. I am really afrid that we are moving away from core abjective of IV. why we are getting inthis fiasco, there is no value in this

    Please explain why?? We are still working towards our/IV's common objective.. just in a different way...





    h1techSlave
    06-10 08:30 PM
    Thanks for your informed comments. Like you, I am also surprised to find many people in this forum, who are interested in fire arms.

    I don't own a fire arm and not planning to while the immigration status is not yet Citizenship. I don't want the authorities to give another reason to look into my case. I just go for fishing once in a while.

    But our family owns two guns in India and have worked with guns from childhood.

    Another point is I am very much impressed with how the Americans manage wild life and the nature in general. They enjoy it while preserving it. India does neither. We just destroy it, and write eloquent speeches on nature protection.

    Federal law does allow H-1Bs to purchase firearms if they have lived in the US (Same residence, if you move, the clock is reset) continuously (if you leave the country, the clock is again reset) for 90 days and fall under one of the 4 exceptions listed below.

    - Possess a valid (unexpired) hunting license issued by any state in the US

    - Are a Law enforcement officer from a foreign nation, here on official duty

    - in the US to participate in a shooting sports competition

    - get a waiver from the Attorney General

    The easiest of these 4 exceptions is the Hunting license exception.

    Once you meet the above mentioned criteria, you are okay, per federal law to possess a firearm. Doesn't matter what non-immigrant visa you are on (H-1B, F-1, AOS).

    Next step is to check whether your state has additional restrictions. I don't think any states completely bars non-citizens from possessing firearms (atleast none of the states that I have lived in do), although some states have restrictions on the type of firearms non citizens can buy. e.g. in MA, non-citizens (including GC holders) can't buy handguns or high powered semi auto rifles (ARs, AKs) but they can buy non-large capacity rifles and shotguns.

    As someone pointed out, trying out guns at a public range which has rentals is a great way to introduce oneself to the sport, learn basic firearm operation and safety, and to try a wide variety of guns and calibers.