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  • shana04
    02-23 12:59 PM
    I believe this would be an interesting question for IV admins or attorneys who are helping IV and senior IV'ans who have done AC21

    Scenario1:
    If you are on H1 in your 6th year with EAD (not used) then after 6th year will be applicant be on EAD or does he has to fill I-9 with employer

    Scenario2:
    If you are on H1 in your at the end of 6th year with EAD (not used) then before the end of 6th year an applicant loosed job. then from that point will he be automatically be on EAD or does he has to do some thing to file till he gets a job (because once he find a job and he might apply for new h1 or join with EAD and he can file I-9)


    Scenario3:
    If you are on H1 in your at the end of 5th year with EAD (not used) then before the end of 5th year or in 6th year an applicant loosed job. then from that point will he be automatically be on EAD or does he has to do some thing to file till he gets a job (because once he find a job and he might apply for new h1 or join with EAD and he can file I-9)

    Can IV answer these questions with the help of an attorney or any one who has gone through this can shed some light

    This would be useful info for most of us

    Thanks in advance





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  • caydee
    05-28 04:51 PM
    I am amazed by the effect the writer has had on stuckinmuck. More amazing is the fact that the writer validates his own point by claiming that he is with HR. Wonder how many real HR professionals reveal their company secrets.

    Hi,
    ........... My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.





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  • greenkard
    03-17 01:55 PM
    Thanks for inputs in the forums.

    EB3-India cannot be discriminated.
    Anyone in EB3 after 2-3 years waiting is qualified under EB2-I. And we see people waiting for much more. How can we be discriminated then. We have to do something.

    We are able to get very good number of people with like minds in Edison, NJ and other big cities with big concentration. We are planning to start a drive against this discrimination, in about 2-3 weeks from now. We would like to write to the honorable policitians and processing centers like Texas and others and to USCIS to treat all fairly.

    1. EB3 India cannot be treated unfairly, wheras EB3-China is much ahead. Why is this.
    2. EB2-India is Feb 2004, wheras EB3 India is Nov 2001 for many years. Why is this.
    3. Why are allowing family immigration when skilled immigrants are waiting.
    4. Why should greencards be counted head-wise, whereas H visas are not.
    5. On the whole, why backlogs and punishing us.

    These are the lines in which our group plan to drive this.,send more ideas.

    For this we need money and more impo'ly efforts, so please contribute smartly as we request below.
    We have teams in all major software hubs like NJ, DC, Livermore, CA, TX, Detroit, and and will need volunteers. We will soon come up with a yahoogroup to communicate.

    We plan to send 10,000 letters and other awareness programs letters to the concerned people.
    We plan to have our small booths in temples where many people will come.
    We will print all the letters, you just need to buy the stamp from us and mail it.
    Or give us an envelope with the 42c stamp. We need about 5-10 from you all.. So its will be $5.00 per head. That way there will be no quesiton of transparency. But if you want to donate more, you are welcome, instead we will prefer you put your efforts in creating strenghr and pass the word.
    We cannot keep quite like this. There is no reason why EB3-India will move forward in current situations and with current rules.
    We know EB2 will be upset, but based on your contribution, we can fight together, else we will go alone. EB3 is big enough to go by itself.

    We plan to wear white dress with white caps.. for peace.. So we can be easily spotted. Give us a envelopes and stamps.. or we will give you addresses to send and the document.. As you wish...Or buy the stamps from us and take the printed content from us in free envelopes.





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  • poorslumdog
    03-17 10:43 PM
    I am glad that some EB2 guys can empathise with us....EB3(I) is completely hopeless....but I doubt if IV will take this up...even a small admin fix like applying the spillover to EB3 this year...that will take away some stress on the EB3(I) pipeline....

    No matter whether you are in EB2 or EB3, if you lose job then you are going back to stone age. So we are all in the same boat. The only hope is to fix the leak.



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  • delhirocks
    07-06 10:44 AM
    On a similar note, I just learned that my lawyer filed my application today. Her reasoning being very similar to that of Vin_a_99’s.

    I am one of the skeptics, and do not believe this lawsuit will do any good from CIS front, but I will throw my hat in the ring as I believe at the very least this will bring our issue to light.
    On a side note, since my application is filed, I am now eligible for company reimbursement for all my expenses…great news and its Friday…lots of pints coming up.:)





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  • h1techSlave
    09-29 02:02 PM
    Do you have to go thru an accountant to start a company?

    I started an LLC earlier this year. Much easier and less risk with an LLC. It is still early to say whether the company will make it to higher grounds or not. But I sure am trying. I have me and my wife as manager members. No employees at the moment.

    Best of luck to you all. GC or no GC, we can still make the entrepreneur dream happen.



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  • uniqueuser
    05-02 01:01 PM
    I'm sorry for posting my question here. I know its not a right thread for my posting but I don't find any link for new thread.

    I'm a July 2007, I-485 filer with PD dec 2004 EB3. I have been working as sr.project engineer for the past 4 years with an MI based company. At present my company is not doing good business started downsizing. i don't know when I'll be victimized. So, I have started searching for new jobs vigorously and got an offer for Designer position ( Permanent position with all benefits) with slight increase of pay. I don't have to use my EAD as employer is willing to transfer my H1B which is valid till 2010. Friends my question is -

    There is a degrade in position, Does it effect my Gc process? I know, no one will be in this type of situation. my heart bleeds to accept the lower level position but, the fear of going out of job with wife and two kids is forcing me to accept the offer... If it doesn't effect my GC process..





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  • akgind
    11-01 08:22 PM
    You should fill out a form with the Ombudsman. Just google for it. They should help you with your case.

    Is your NC cleared? Have you taken an infopass to confirm your biometrics and NC is all clear? There have been cases where fingerprinting was done but it wasn't reflected in the case status.

    I was very disappointed at infopass five months ago for 140. The person did not even know the difference between EB2 and EB3. So, I am reluctant to waste any further time. My job keeps me traveling out of town 3 days a week.

    Fingerprinting for my EAD was in June08, spouse and daughter in Sep07. Is there a separate Biometrics required for 485? How do I find out about NC clearance? Thanks for your help.



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  • arunmohan
    01-21 07:14 PM
    Thanks gcisadawg for Stats. I do agree with gcisadawg , EB3 will get again 3000/4000.

    I do agree with kartikiran, if we don't do team effort, it is not going to happen anything.

    IV team: Please consider this, please make a plan and designate the people.

    I am ready to do for AZ Senator and House members.

    We start writing if someone open a new thread for EB3, that thread would be active for one or two days and after 2 days that thread would be dead.

    Group please come together and keep this thread active.





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  • GCHPLC
    12-14 01:28 PM
    I know for sure that local office send an e-mail to processing center, it is not in Nebraska or Texas, it is at National Benefits Center (MSC). Mine and my husband's status of EAD was "no decision" . The e-mail sent to MSC with request to finalize the decision. I did not take any evidence, I did not know at that moment that I could. But it worked and I had my EAD after 7 days to be exact.



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  • BharatPremi
    07-06 11:26 AM
    Guys,

    Here are my thoughts:
    ---------------------

    There are Four group of people (Became current with July bulletin) who are affected and suffered.

    1) The people whose applications reached to USCIS before 10:00 AM
    07/02/07, i.e. before USCIS's new revision/update.

    Note: Legally this group is the SAFEST one as their file reached to the
    USCIS table on time while USCIS's first bulletin was in effect. Their
    case is strong as far as "Law and Justice" is concerned.

    2) The people whose applications reached on 07/02/07 but after USCIS's
    declaration of new revision.

    Note: This group can be fit in a category "Who did not receive ample
    notice from USCIS for its intention to change the bulletin. And so
    may be considered "Probable beneficiaries" by the judiciary

    3) The people whose applications reached or will reach to USCIS from any
    time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.

    Note: This group will have a "Strongest" weak argument and case. Their
    act of sending files perhaps may not be considered "Law-abiding" as
    they have already received ample notice from USCIS and clear
    statement of USCIS about "Rejecting applications upon receiving"
    then also this group sent the applications.

    4) The People who will not send applications at all with respect to the
    USCIS's revision.

    Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
    be considered "Law-abiding" and who acted as per USCIS's
    instruction within the periphery of respecting legal authority.

    Now other points to be noted are as under:
    -----------------------------------------

    DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what is stressed on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a weak case. Now USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS declared "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".

    Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.

    Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out or everybody looses it. Same argument goes for people who are not filing. By not filing they are obeying the legal instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....

    If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able to save its own face and limit on visa numbers will automatically send whole bunch of files for eating the dust for years.

    I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)

    Any thoughts?





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  • sanju
    07-14 06:13 PM
    Ok paskal, just because you are saying so. Otherwise, posts from the paid employees of these guys are very aggravating. These guys are making the situation worst and provoking guys like me to respond. I will not respond if these idiots will stop singing songs about the greatness of these opportunist guys who were no where seen in last 2 years. Now all of a sudden, when something is happening in the media, rather than joining the cheerleading squad, these hypocrites have emerged from a black-hole claiming to be champions of this community. Idiots…..



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  • mikesin
    04-07 08:37 PM
    500 Eb1 numbers are unused
    500 numbers spills to Eb2
    There are no 100 Eb2 India cases and 50 Eb2 China cases and Eb2 ROW/phillipines/mexico is current
    Now Eb2 India+Eb2 china uses up 150 numbers and

    350 numbers spills to Eb3

    Now there are 1000 Eb3 India cases from 2001 to 2003
    Eb3 china,ROW etc there are 1000 cases fom 2003 onwards and none from 2001 to 2003

    As spill over needs to go by PD Eb3 India takes of the 350 numbers and may be moves by 1-2 months and Eb3 ROW doesnt get any because no older cases.

    DISCLAIMER: this is only illustrative and highly oversimplified, Actual scenario will have many many variables


    OK thanks for this explanation. I think I need to get a few drinks now!!;) Thanks ags123





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  • psethi
    02-28 09:55 AM
    Contributed on sunday



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  • styrum
    02-08 01:10 PM
    it is the experience after the MS that counts.

    PS: Also, if someone takes 4 yrs to do MS when it should not (exceptions health-related gaps) take more than 2 to 2+1/2 yrs, red flags may arise.

    No, they count MS REQUIREMENT FOR POSITION as 4 yrs toward total SVP time according to that doc link I posted. These 4 yrs include 2 for BS plus 2 additional for MS. It is how they count. Nobody knows or cares how long it actually took you to get MS.





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  • ronhira
    05-29 11:21 AM
    This whole spelling bee thing is the stupidest thing I have ever heard of. By any standards, it is pure and simple torture to subject the kids to memorizing thousands of words and their stupid spellings. And what use is that? Have they never heard of something called SPELL-CHECK in Microsoft Word and other email services ?

    Or are they afraid that their kid will go to a job interview and someone might ask them to spell the word that no one on the planet ever uses and is only present in the Oxford Dictionary.

    Those who subject their kids to such a regimented, rigorous, scripted childhood are preparing a next generation of work-force that would only know how to follow the orders and accept directions.

    85 % of the fortune 500 CEOs are not MBAs. And the other 15% that have an MBA, only 3 of the 15 have done MBA from an IVY LEAGUE school.

    What that tells you is that too much education and scholarly childhood increases your job security, in that sense that you will never be unemployed, but it decreases the chances that you will be on the top or you will be a billionaire.

    The biggest prize goes NOT TO people who can follow directions and know everything, but who can GIVE directions and get things done.

    That a decent logic. Why do we have olympics and celebrate the winner of 100m dash? Don't we have cars/trains/planes that can go faster than 100m in 9.2 sec. Then why race to find out who runs faster than others. Its the same reason for Spelling Bee, I guess.



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  • jonty_11
    06-18 11:17 AM
    I think now EADs will get delayed...surely..

    If its not one thing its the other....we just too many in number....God save us..





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  • agiridhar
    04-28 10:50 PM
    Point based system!!!! Is this is joke???? Tell me this is not true and this is just a bad dream, please!!!!

    Let�s see what a point based system has done to people..... Whom do we have here, a doctor, an engineer and one MBA. OK!!! Lets see what Point based system did to these guys -

    Doctor
    http://www.youtube.com/watch?v=EX6h-Ut-ZaE

    Engineer
    http://www.youtube.com/watch?v=lCkmtQ4um9w

    MBA
    http://www.youtube.com/watch?v=ZP9cQelrmc0


    No offense to anybody from Canada. I am simply trying to illustrate the rationale about the GREATEST IDEA OF THE CENTURY, THE SILVER BULLET, THE FINAL FRONTIER TO ALL IMMIGRATION PROBLEMS - "point based system"!!!!! Oh really???

    guess they are talking about the point system for the people who are here in US and not for the people from other countries to come here.
    feel free to confute or comment





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  • delax
    07-19 03:07 PM
    In the signature





    mirage
    02-23 10:05 AM
    Rehman is a Super Star....But Slumdog Music is far far below his standards. I'm sure he never took this movie seriosly and might have done those scores and music just in few days as a sidea thing...Slumdog's score and music doesn't come even close to the superb work he has done in 'Rang de basanti', 'Jodha Akbar', 'Dilli6', 'Dil se', 'Rangeela', 'Bombay', 'Roza'....List is endless, I wouldn't even put slumdog in this list, it's just doesn't sound like him...





    morchu
    08-15 07:52 PM
    When you use AC21, you mention a new employer, and that is the employer you "intent" to be employed for an infinite period of time, after getting your GC.


    [QUOTE=Slowhand;147322]

    If you already used AC21 then? how would you explain to IO. I think what matters is your explanation and there should be no reason for denial of citizenship if you are able to explain.

    cheers



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