Sunday, July 3, 2011

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  • chanduv23
    07-08 11:23 AM
    I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.



    Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.



    This is really a very unfortunate situation.

    The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.

    Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.

    On the practical side, vast majority of employer have no issues with such EVL letters.

    Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.



    It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.

    There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.

    I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.

    ---------------
    Life is not fair; get used to it. - Bill Gates

    Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates


    .

    Your perspectives go well beyond what an average immigrant thinks about the whole EB system.

    I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.

    In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.

    I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.

    A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.

    I am not blaming an employee or employer for this but this entire EB based system is set up in that way.




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  • Saralayar
    08-28 03:13 PM
    Filed I485/EAD/AP on July 30th @ NSC.
    Check cashed :NO
    Receipts : NO

    can we add two polls within the date subcategories - one which tracks how many people received receipts, and another to check if they are NSC or TSC?

    Or are there other polls like this already for July 17 - Aug 17th I 485 Filers?

    There is no option to create another poll in the thread.




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  • sankap
    07-09 08:35 PM
    Desi393, FinalGC, Ramba:

    You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, is a "legitimate" employment? Could you quote a USCIS resource?

    Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.




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  • 485Mbe4001
    03-08 02:24 PM
    very well said... i encounter this all the time when i talk about IV to others...(extreme ignorance, indifference, lack of optimism, lethargy, let someone else do my work and finally superfical sympathy)

    We have everything to gain and and little to loose, still no one cares...

    your quote "After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker."
    sums it all up.

    Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.
    ....
    .



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  • krish.d.rao
    12-18 06:01 PM
    I too have been in this country since 1998 and have a priority date of 2004 EB-2.
    The one way I cope with the endless stream of bad news from the monthly visa bulletins is by remembering that with every passing day the the reality of having a GC is getting closer and not further. Many times I have contemplated giving it all up and going back to my upper middle class comforts of good old Bangalore, but then I remind myself that I have probably endured most of the pain and quitting at this point is like walking away from a marathon with the finish line only few miles away (or maybe not).
    Comapre your GC wait to a marathon and decide if you are too close to the finish line to give it up or if it is so far away that alternate avenues need to be pursued.
    Admittedly DOS is moving the finish line like a baby brandishing a new toy, but lets be realistic in assuming that EB India priority dates have been pushed much further back than needed. This maybe a knee jerk reaction due to the July fiasco.
    Anyways, all I am trying to say is that hang in there and dont give up. If you still feel depressed seek medical help.




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  • fetch_gc
    09-05 05:38 PM
    PLease see signature for more details



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  • psaxena
    09-10 07:41 PM
    Deepak,
    Simple thing, I don't comment all the bull that goes on , on the open forum, discussing Vonage to anything, who cares. Put up the opinions no problem. But there has to be a limit on how and what are you putting up.
    Despite IV doing so much for the community, the post from gvenkat, jyoti and including yours and lot others (guys you know whom I am talking about) actually demotivate the group and this way you contribute to IV but all NEGATI VE When I see this type shit I just cannot stop myself and I think would be a shame on myself if I do so.

    Also , one time donation are not helping. IV needs more donations, more volunteers. Come on join in, everything is flexible here for volunteers, so please contribute and donate.IV core has got it to this point with least support and proved that yes it can be done now what else do you what IV to prove. After this still you are looking for something for them to prove. then its nothing to prove all BS excuses for not being the part of it.
    If that is the case , then who cares about ones opinion???



    I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?

    If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"

    I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.

    Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!




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  • pappu
    10-08 02:50 PM
    Nothing is as easy as it seems. Even for a small ask item, there is a lot we have to invest. If people show up for chapter meetings, come for lobby day and rally, contribute and volunteer for the cause.. then we can increase our chances of success.

    I looked at the profiles of people on this thread and a lot have not even completed their profile information. While we want IV to do things for us, we do not want to do what IV asks us to do. One cannot expect to get things done by anonymously posting a want list and expecting others to do the job for them.

    If anyone wants their ideas to be the agenda of IV, they must come forward and get active in the state chapter. Through state chapters you will know the updates and have an opportunity to help, suggest and even lead your ideas in IV.



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  • knnmbd
    05-03 10:53 AM
    I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.

    Master's Degree in the US from an accredited Instituiton plus three years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.

    What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...

    The Master's degree + 3 years experience will be a requirement that the USCIS will have to be exempt from the cap. It does not matter if you�re employer has filed with min. requirement as say a B.S + 2 years exp. When you hit the 3 years of experience in related field and ALSO previously have a M.S degree from the U.S university you will be able to file for your I485 regardless of whether your initial LC said that the min. qualification for job said just a B.S. Please correct me if I am wrong.




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  • hindu_king
    03-06 04:38 PM
    You are seeing it from a complete 180 degrees than I see it. It's not us who's discriminating, it is the laws which are discriminating. I am asking them to treat us all equal, I entered the country on an H1B which was an employement based application it did not hav any country quota, then why should green cards for EB have country quota. Why should a person from India wait for 10 year and a person from Romania get it in 1 year....I think your ROW friends shold understand our position.

    We are not asking for discriminating ROW. All we are asking is to end discriminating Indians.



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  • akhilmahajan
    02-11 03:18 PM
    Thanks a lot Hopeful1

    Grand Total - $1601

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.




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  • gc_5050
    08-02 01:57 PM
    Hi Nogc12 !
    Hope the info you got from customer service is correct.

    As I am still waiting for my receipts,
    which are filed on Jun19 @ nebraska.

    Dont know how the service centers(customer service) are disclosing the processing dates,
    I asked the same questions they said don't know.



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  • nish17
    06-22 01:47 PM
    My situation is similar too.

    The employer is not ready to file the 485, thinking that I may leave the company after 6 months.

    I have the I-140 receipt notice , but no approval notice.

    There is no way he is going to issue a employment letter , still debating my options.




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  • nixstor
    06-22 01:57 PM
    My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.

    As now the dates are current, my employer is trying to exploit me.
    He is not responding to my mails, and not picking my phone.

    Last modified message which I got from him is that:

    The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.

    you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."

    I am very much in tension and he is talking to me.

    Can someone suggest what may be the option for me?

    If this is the exact verbiage from his email, You can sue him for lying that filing for your 485 is a loss to company. Talk to a lawyer like Rajiv Khanna or Shusterman if he doesn't hep you file 485 before PD retrogresses. Get as much evidence as possible in email mean while, to set the record straight with a good law suit. If I were you, I would naively try to send an email explaining him that you have no intentions to abandon, company's financials are not affected because of your 485 (its totally personal) and get more crooked responses. Disgusting mo fo's. The most f#$%^ing irony is these AH's have gone through this and know the pain.



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  • gbof
    08-27 09:40 PM
    I'd suggest u guys take ur card magnetization talk onto another thread instead of making other current and still waiting ppl feel bad about the fact that they still dont have cards but here we have others talking about their plastic cards.

    My dear friend,
    Did you NOTICE the best wishes for those who are current?. Take the things in right sipirit........even ...If you can not appreciate




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  • Redeye
    08-18 03:36 PM
    funny thing, this SunnySurya guy happens to be from a small consulting company with 8 people out of which everyone got audited and at one point he says he does not know if his application is Eb3 or Eb2 and he is trying to figure it out.

    Then he comes with filing a lawsuit against porting from EB3 to EB2

    Funny guy, once you get your hand in the cookie jar you want no one near it eh?

    What are you really afraid of?

    I will help you in this but do us all a favor and don't reply to any more messages....



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  • arung
    08-13 11:23 AM
    True, like I still have a EDD letter talks about my first case for GC was filled on Aug. 2001 as wanted to immigrant but what is the use, as I have to file new one as even if I have transferred my employment to my parent companies client, USCIS has no rule to transfer labor process or priority dates until has approved i140, they requires to file new one which surly takes time. And I am sure mostly people completed even 10 years of working waiting for GC have the same issue.




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  • yabadaba
    08-02 10:30 AM
    I called customer service yeasterday and the response is that they were processing June22 cases and they would get to July 2 in 2-3 weeks.
    which customer service...texas or nebraska?




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  • gccovet
    02-09 12:50 PM
    Only five guys so far....pathetic.

    Guys Wake...are you the one want to fix the problem or just another free rider

    Thank you Snathan, hrushi_j, Mightykandy, Mhkumar.............

    Only 6 so far....

    IV Handle Date Amount Unique Transaction ID # Pledges?
    AkhilMahajan 2/9/2009 $20.00
    GCCovet 2/9/2009 $21.00 Pledge $50 when 5K
    hrushi_j 2/9/2009 $21.00 59F40058D17019301
    Snathan 2/9/2009 $20.00 5G807044SR6324537
    Mightykandy 2/9/2009 $50.00 2TK69366JX343500H
    MHKumar 2/9/2009 $21.00 3D0578784M4536128




    nixstor
    08-19 07:15 AM
    Guys,

    There is no point in fighting over the inconsistency of CIS in picking applications. All of us know that a lot of people got approved last year during visa gate and many were left over even though their PD's are current. No one knows how USCIS picks an application for adjudication. It is clearly neither completely RD based nor PD based. It's up to the whims and fancies of CIS.
    If IV were to make agenda's on the inconsistencies of USCIS, the list will be endless.

    I have 04 PD and am waiting. I have friends with 06 PD's who got approved. I know its frustrating to watch your friends get approved and to have your own case pending for no reason. But this is NOT some thing we should be surprised about. CIS is trying to maximize visa number usage and trying to approve as many applications as they can. All of July 07 filers have passed the 180 days since the FBI name check has been initiated and ideally CIS should be approving applications with old PD's. We all know that we don't live in an ideal world. Imagine all these visa numbers going wasted. I personally (NOT IV) will try to get an answer to this FIFO issue, but the situation itself is short lived and probably will not exist by Oct 1st 08.




    karanp25
    07-15 05:02 PM
    Did you get your EAD/AP approval yet? I filed in 1st week of May, but nothing yet?

    I applied for my EAD and AP renewal on the second week of May 2008. Again, I am not sure if EAD or AP renewal triggered the FP notice. Good luck to you.



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