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  • srt57
    02-09 01:36 PM
    Hi,

    I have applied in EB2 category with job title of Sr. software engineer. and I have frnds who have applied for EB2 under, Programmer analyst, team lead.

    But all of them had Master of science from USA.

    And all of us have our I140 cleared and waiting to apply for I485 when its gets current.

    Reno, could you please give us more information about your and your friends' experience :

    - What your qualifications are.

    What the Sr. software engineer job requirements were. Things like:
    - Education
    - Experience

    and also more info about your experience with PERM:
    - Processing center. Chicago or Atlanta?
    - Processing time.
    - Any audits?
    - Any business necessity documentation requirements?

    I know I'm asking for a lot of info but I think it would be extremely helpful for many folks who are preparing to file under EB2 to avoid regression.





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  • krishnam70
    03-25 08:11 PM
    Just because OP steals office supplies ( his bad habit of shoplifting) he is accusing all immigraants. I take offence to that and when someone asks others to make a choice to marry a hooker or a shoplifter wife as a defence to that shoplifter. How crazy is that?

    And you are defending a guy who has committed shop-lifting with this? You should have probably come out with more ammunition than this. Because of ppl like the OP and maybe you, we Indians are getting a really bad rep everywhere. I am sick and tired of defending our community, when ppl like you and the OP defend (or even condone, in the name of an immigration query) such acts with no compunction. Shame on the OP and for defending him, YOU!

    OP, please get lost from this forum and from this country. This country is not for criminals like you (there are enough already). I wish you had gotten a stricter sentence than what you got. And those of you that want to defend the OP or the folks that condone such acts, in the name of immigration, dont need to lecture me on taking this stance - just get lost, will ya!

    I wish the Admins delete this thread and not encourage such postings!

    To the original Poster
    I think you have received some good and some useless advise on this post. It is in your interest to go to an attorney and find out what is the best scenario for you and act accordingly. The offense has been committed and the law has judged you .You have to deal with the consequences whatsoever.

    I did some reading on it and here is the murthy.com advise on this issue
    http://www.murthy.com/news/UDshoplg.html

    do what is right for you..

    - cheers
    kris





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  • bestia
    08-16 08:50 PM
    Talk to a lawyer and get the answers.

    I do, but I don't get all the answers.


    But if you're on travel and questioned by immigration upon entrance if you're still working for sponsoring employer, depending on the circumstances, they can take your GC away. So that's another scenario separate from an audit or citrizenship interview that GC jeopardy may arise.


    Didn't think about that. but... why would officer ask "do you work for the sponsoring employer"? Isn't your GC same as family based, asylum, etc. green cards? Does officer even have that information right away? What do they ask usually?



    If circumstances change, like you getting laid off or fired, that's a different story. If the sponsor's intent changes, and that does happen, then obviously, you're free to move on. But you should be able to prove that, with say a termination letter, for example.

    I don't see the difference between being laid off and leaving yourself. In case of being laid off, your employer has to show intent of employing you forever. If any document will surface, that he had plans to lay you off before applying for I-140 or without you invoking AC21 at moment of AOS, then you are in the same trouble.


    All the way one keeps thinking that you are free to start a business, look for more exciting opportunities, go work in starbacuks...( yeah all that )...once you get a GC..

    But, now everyone is talking about again sticking to the sponsoring employer, a green card being revoked while entry...and umpteen scenarios...

    So, where does it end..when can one really feel you can flex yourself and do something without worrying about my employment history...


    These issues are raised not to start freaking out, but just to know them and not to do some silly things.

    In general... take this philosophically - it never ends. If not immigration, then something else will always be. Just know the law, keep your paperwork in order, don't talk to government employees without a lawyer, flex your mind, and do your thing.





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  • ilikekilo
    05-13 01:41 PM
    chandu, would u mind sharing what the company u are working or worked for? so that we wont be facing hte same in the future



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  • getgreensoon1
    05-10 08:06 AM
    Try to respect others and feel sorry about their situation.

    Try to respect people who are trying to 'buy' an MS degree for the purpose of greencard ? Instead of feeling sorry for their situation, you should feel sorry for the legit EB2 applicant who these guys screw up by taking this backdoor approach.





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  • SGP
    02-16 06:20 PM
    Thanks Bhasky25.:)
    _____________
    If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved

    Labor is done via perm process and they are now centrally processed (only prevailing wage is state dependent). Your company can apply for it online and you should get a result in 3-4 wks if the case is not audited. Good Luck to you.



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  • desi3933
    06-25 07:15 AM
    My wife does not ahve paystubs from Oct 06 to Dec 06 and no W2 for year 2006. SO I would need a absence letter. Any for mat of letter would be appreciated.


    We have paystubs from jan 07 to Jun 07 and plan to leave in July after filing 485 and plan to re enter in August using unexpired H4 visa.

    I know of someone who used unexpired H4 visa in spite of being on H1 before leaving US


    Any issues with above scenario?

    What is the approval date for her H1-B?

    Using unexpired H4 visa for re-entry is no problem. At the time of entry in US, it does matter what status you were on last visit as long as one has not accumulated > 180 days in unlawful presence (i.e. stay beyond I-94 date).

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com





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  • go_guy123
    07-30 12:31 PM
    It will bring down the workload? Can you explain how? If anyone in the world is eligible to apply for the GC without sponsorship, the system will be flooded with applications, irrespective of whether they carry any merit or not. What makes you think that an organization that cannot process 140K applications per year can handle millions?

    The point based system sounds great in theory, but cannot be implemented efficiently by the U.S. as long as it remains the most desired country for immigrants. It works for Canada, Australia and the U.K. because fewer people want to move there.

    Anybody wont be eligible. Canada has been fine tuning the immigration since 2002.
    Now only people who have studied or worked in Canada on work permit are eligible.
    family based is greatly restricted unlike US where around 80 is non-skill based.
    If they want they always reform but the exiting H1B is so good for American Companies that they will fight to keep the existing H1B-GC servitude instead of
    any point based..

    Plus there is politics of vote bank: Moment the CIR comes, the sheer stampede of illegal lobby like the bulls of Spain, H1B folks get crushed. Last time, moment the CIR came, H1B people started opposing it because it literally made illegals ahead in line line with more points in the point based system.

    That's why I am skeptical of CIR as of now. H1bs don't have much chance in front
    of the madness of illegal lobby vote bank. Based on my observations of how the
    US politics works I don't see promise in CIR (one of main reasons I left for Canada)

    Not to mention, a lot of antis are not that against EB reform but moment CIR comes
    all anti-s get united in opposition. The illegal bobby hold H1Bs as hostage unless they get what they want. It is such a deadlock that I just don't see how it can be fixed.
    Unless there is another super powerful lobby helping us like US industry (supreme powerful lord in US politics) which currently wants the existing H1B system I don't see headway.



    PS: In 2002 Canada passed IRPA where they delegated the rule decision making to the executive branch unlike US where any change has to be legislated.



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  • shana04
    02-23 09:39 AM
    Hi All,

    I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
    I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.

    Can some one please let me know how i can handle the period that i was in bench in 2008.

    Thanks,
    Chandra.
    Facts:
    Labor: July 2005
    485 File Date: Aug 2005
    I 140 Approve Date: <Mon> 2007
    On Bench: Jan 2008 to Jun 20th 2008
    Working with new employer since: June <last week> 2008
    RFE: Dec 2009 (for EVL) filed AC21
    second RFE on last 5 yr employement, W2 and Tax returns

    Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney

    Questions:
    1. When did you start using EAD

    2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.

    If you filed taxes appropriate to 2008 then you are just fine

    talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.

    Please provide all the facts before some one can help

    good luck and keep posted with updates





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  • razis123
    09-05 04:09 PM
    My AP says i can enter prior to Sept 14 so can i enter on Sep 13th or is this considered risky. I know if i miss any flight or flight gets delayed, I am doomed.



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  • Sandeep
    01-06 12:55 PM
    Guys, we have 200+ members on board but only a fraction have contributed. So does that mean that the rest do not know about this?
    Please pass on this message to your friends
    **************
    As you probably know, Employment Based immigration is currently showing years of retrogression; more than 350,000 labor applications are stuck in the backlog centers and there is no information on when we can see even a ray of hope. Applicants have to wait for their green cards for as many as 4-7 years, depending on the country where they were born. With retrogression, applicants are unable to complete their final phase of green card even if they have cleared all the previous hurdles. We, a group of volunteers at www.immigrationvoice.org (http://www.immigrationvoice.org) . We have set up a non profit organization to work towards resolution of these problems.
    In the past we have seen that due to a lack of professional representation, employment based immigration issues have been ignored by the lawmakers. The latest example has been dropping of section 8001 & 8002 from the Budget Reconciliation Bill passed by the congress in December 2005. With comprehensive immigration reforms on the anvil in the early part of 2006, the time to act is now. However, with the current political scenario and the overpowering debate about illegal immigration, this is going to be an uphill battle. We have already initiated talks with professional strategists who have in the past been able to achieve goals similar to the ones we are working for. We feel that these are the following ways a professional strategist can help:
    1. Identify feasible goals that can be achieved and are representative of the people in this forum. We should not have to piggy back on H1s or illegal immigration - we need an identity of our own
    2. Identify the champions amongst the lawmakers, alliances, organizations who are willing to shoulder some or all of the responsibility in passing provisions to solve retrogression & address labor backlogs centers.
    3. Identify opportunities to meet/interact with those mentioned in point no 2.
    4. Help us in putting our points across cohesively and in a way relevant to the political situations
    5. Keep a close monitor on the progress and the situation so as to identify the opportunities as they arrive.
    Hiring professional strategists requires several thousands of dollars. If we hope to counter some of the anti immigration propaganda, we have to accumulate funds to the tune of atleast about $100k. Keeping this and the short deadline in mind, we would urge you to contribute at http://www.immigrationvoice.org . To lead by example, the volunteers have themselves come forward with contributions - in one night we had a collection of around $5000 from 20 contributors. This is a tiny fraction of what we as an organization need.
    We also need your contribution in terms of your ideas and efforts by registering you as a Volunteer. Please be assured that funds and their utilization would be transparent in this process. All the volunteers will be provided a weekly update on the funds collected and their utilization. We look forward to you helping us and yourselves.
    Please contact us for more info at info@immigrationvoice.org

    Thanks
    Your Name
    **************





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  • ItIsNotFunny
    01-15 03:00 PM
    I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.

    I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.

    whome do you want to kill buddy?



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  • chanduv23
    01-13 01:32 PM
    EB2 -- Dont run fast, you will fall down again ...

    I'm EB3 , with PD Oct 18th, Off by 3 days since last 2 months ...

    I don't think dates will go back again unless they drastically move the dates forward. The dates could remain stagnant for a long time though.





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  • shreekhand
    10-03 11:07 AM
    This rule of having at least one parent Indian citizen is in existence since atleast 2006. Just search around. I also know this as one of my close friend's OCI application was his kid was rejected based on this rule more than a couple of years ago !


    You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?



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  • unseenguy
    08-10 08:51 PM
    Good attitude guys. Its kind of funny to see the eternal optimists play the game again for 4 years since the retrogression has kicked in to kick us out. :) All the best guys!





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  • Blog Feeds
    10-09 12:30 PM
    President Obama wins the Nobel Peace Prize. Solving seemingly intractable international problems is chief on the President's foreign policy agenda. Hopefully, solving the immigration problem will remain chief on his domestic agenda.

    More... (http://blogs.ilw.com/gregsiskind/2009/10/congratulations-mr-president.html)



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  • srinivas_o
    07-08 02:05 PM
    Thank You, WeShallOvercome. Your words really made me relaxed.





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  • franklin
    09-13 02:50 AM
    And, would you mind explaining why would ROW get affected? If they were current all along, all the ROW candidates must have already filed, even before july fiasco, right? So, just exactly how do they get affected?

    Sorry for the outburst, but I sometimes get tired of people just throwing out speculations :eek: as if they are stating facts. So, back up your statement with logic.

    Um... ROW has been retrogressed for some time too (at least EB3), so there is no need to "wait for it to get affected" - wait for that to become current before significant change in other areas of chargeability. But I've been waiting for that for years too.

    You could wait, or you could come to DC and help us to get it changed!





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  • admin
    03-28 10:09 AM
    Mindblowing. Do people really believe the Oct 2007 deadline? Haven't we seen many deadlines come and go? This is extrememly unfair to those stuck at BEC; don't go around spreading this impression that the BEC issue has been resolved.

    If indeed the majority at IV believe that BEC is not a problem, then it would not be a stated goal of IV. Let me repeat, so long as it is listed as a goal, it is the moral responsibility of all of to support and work towards resolving the issue.

    This is important. Don't just pretend to support IV and play down what matters to others. Your must support all the goals we have at IV and not pick and choose what you like.

    Also please don't repeat the false logic of "labor certs will be taken care of by PERM." If that is the case why would we at IV have BEC resolution as a goal? The least you can do it not try to dilute the seriousness of the BEC issue, even if you don't care much about the problem.

    anai,

    Resolving the BEC problem is definitely one of IV's main goals. There is no way I will believe in DOL's claim of clearing all the back logs by Oct 2007.

    IV has had a number of discussions with lawmakers and administrative officials, first to understand the issue and next to solve it. From our discussions, it has become clear that the lawmakers still view this as a temporary problem and are not willing to legislate for getting any more into this. Never the less all of them did agree that the efficiency of the BECs left a lot to be desired. So we were working a bi-partisan coalition of lawmakers who were willing to put pressure on DOL and USCIS on the need for efficiency and transparency.

    All of this was before the crazy pace with which the Comprehensive Immigration Bill began to move. We do have to realize that this bill is a golden chance to have our provisions in place and we have less than 2 weeks to works on it. Frist wants either of the Immigration Bills to be passed before Apr 7th. If we do miss out on our goals in this bill and this bill gets passed, we will not be able to revisit our issues for a long time. So right now a lot of the attention is being given to it. This does not mean that BEC is forgotten. Hope you do understand.





    ItIsNotFunny
    09-22 05:15 PM
    Called everyone on the list.

    Nice! guys, we built the momentum. Lets not loose it. Keep calling.





    BharatPremi
    10-11 03:52 PM
    BharatPremi/PavanV: I had to open an account here just to let you know that what both of you said is the voice of reason and it seems that this forum is just filled with people who have the attitude of attacking the person rather than the argument.

    Folks, until you have a US passport in your hand, you can profess love for this country as much as you like but the bottomline is that you are not a citizen. You will not be treated like a citizen and you will not have the rights of a citizen. Even after you have the US passport, "legally" your allegiance is to the US but that is not true of what the US feels about you. Your precious naturalized citizenship can be revoked at any time but that is not possible for a natural born citizen. This divide is real enough that if you kid asks you, "Daddy, why can't you become president?" then you need to know it that no matter how white your brown heart beats, the country on whose soil you were born is the only one which gives you every single right that is given to all its citizen, NOT the USofA.

    A. K. Mozumdar - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/A.K._Mozumdar)
    "In 1913 Mozumdar became the first Indian-born person to earn U.S. citizenship, having convinced the Spokane district judge that he was in fact Caucasian and thereby met the requirements of naturalization law then restricting citizenship to "free white persons." Ten years later, as a result of the U.S. Supreme Court decision in United States v. Bhagat Singh Thind, stipulating that no person of East Indian origin could become a naturalized American, Mozumdar’s citizenship was revoked. A decision on his appeal to the Ninth Circuit Court of Appeals upheld the revocation"

    So, yes, you can kiss as much ass as possible, it will not bring your precious greencard any faster.

    Jai Hind

    Yes, unfortunately all of them lack the understanding of immigration, reasoning and height of ignorance is that they do not have a clue what is the definition of "NATION" OR the meaning of "citizenship".