Saturday, June 18, 2011

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  • jsb
    08-07 10:48 AM
    ...
    Bottom line:
    If Job opening is for Software Engineer with BS with 2 y experience, it will go with EB3 no matter you have MS and 10 year experience.
    ....

    Yes, that is perfectly correct. If an employer needed somebody with BS and 2 yrs exeperience, and no US person applied. You (with a BS and 2 yrs experience) applied. Employer filed your I-140, which is approved. Now you wait for 4 years, and in the meantime you get your MS. Technically, you are now overqualified for the position, and employer may decide even not to consider you any more (leave alone upgrading to EB2). Note that entire process is for future employment after you get your GC, until then if you are working, you are working as a guest worker.





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  • gg_ny
    10-12 02:24 PM
    This posting is not to dishearten anyone but to make everyone aware of the obstacles on the path. I followed up on Science article and talked to Jim Austin, the
    lead for ScienceCareer efforts of Science journal group. The baseline of my conversation goes as: there is limited funding, limited opportunities even for US born scientists, then is it wise to "import on permanent basis" scientists from abroad?Yes, it is good to have the best here, but what we (USA) require is education and training of US-born first ...

    Take home message for us guys is this: These are the people the congress hears out first when they want to make policy changes. These are the people who were able to convince NIH to double its funding in 5 years time a couple of years back. These are the people who are now saying that there is no job and money for US-born, so first get more fundingand training for us citizens, before you get foreigners to carry out research ...

    It is obvious that the issue is becoming more and more acrimonious, entangled with a lot of other issues - both political and economic. Unless the retrogressed are willing to take this to heart and put up an intense effort, in coming years the matter is going to get worse. Next few months could be the only ***healthy*** window of time to achieve a remedy for retrogression. Not only the economy is driving anti-highskillimmigration groups more vocal, we are slowly finding the pro-immigrant support base thinning out because of very bad fiscal situations.




    great work everyone. thank you nycgal and others that took initiative and pushed this effort further. committed members like all of you in this thread help us a lot by sending emails to reporters. several letters highlighting a particular issue generates interest in reporters and media orgs and they choose to write about us. It is not easy to get even a single article published in newspapers and it is due to the efforts of our members, we are able to generate awareness. There is still a long road ahead of us and I am sure with active participation from everyone, we will surely succeed.





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  • eb2waiter
    05-14 03:05 PM
    you are right. People in such situations are hesitant. But the important thing to know is you have all the rights as would a citizen or PR, to fight illegal actions.





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  • hebron
    04-27 02:13 PM
    Can anybody answer this question - If an employer decides to port an EB3 case to EB2 for an employee not using the experience gained at the job, does the new EB2 role have to be 50% different from EB3 role?

    ^^^^^^^^^



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  • franklin
    07-10 02:54 AM
    CIS director is saying that he has made arrangements to pass on the flowers set to CIS office to the US war-wounded soldiers.

    I think we should start a blood donation campaign to impress upon him that aspiring immigrants will not be found lacking in caring for the US army soldiers.

    Any thoughts?

    It could be a good idea, however there are various restrictions that we might be caught out by including:-

    Living in Europe (most countries)
    Travel within 12 months to malaria countries (including India)
    Living in Malaria countries within last 3 years (including India)
    MMR within the last 4 weeks
    Any conditions found in the medical report.
    the list goes on...

    I've tried donating blood before and have been denied through the 1st and 2nd point





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  • reddog
    06-12 05:37 PM
    Are you kidding me?
    What does your lawyer say about it?

    Does your lawyer know that your wife supports you?

    If the person you committed the Violence on, is not ready to accept it, how are they even offering you battery?

    If you did beat her, were there any witnesses? And do not respond to this question in positive.

    There is definitely something missing here. You are either not saying the complete truth, OR your wife is not supporting you, OR you are suspecting that she will testify against you.




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  • superdoc
    09-19 06:05 PM
    I suppose it depends on your employers LOA policy, but in most cases you are not allowed to work for another employer when you have taken a leave of absence. And if it's not illegal it would certainly be unethical.
    y would it be unethical ? If I take LOA I will let my employer know that I am working in another town for one year (due to personal reasons) and will be back after a year. There is a provision in our company which allows us to go on LOA. Also y should it be illegal?





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  • ivslave
    09-11 04:18 PM
    I understand.... but you know how one thinks..... when you are deciding something... you look around.... ask around.....



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  • BharatPremi
    10-10 08:25 PM
    What do you mean "heart, mind, soul, ethics were sold"? How do you know that? Just because someone called the U.S president "his president" does not mean he/she sold anything, let alone someone's soul and ethics. That is their right to call the U.S president his or hers.

    What you said is totally uncalled for. If you are so patriotic, why are you applying for a green card and going by your own words, doesn't that mean you sold your ethics, heart, mind and soul too?

    Are you kidding us? I do not know what level of education you have achieved so far in your life but it looks like you are not enough educated to differentiate between the definitions of permanent residency, citizenship and perhaps working on work visa as far as legal stay in USA by outsider is concerned.

    What would be the "legal" reply from US Supreme court,if you ask US supreme court that whether citizen of other country can call US president a "My president"? . And What would be the "legal" reply from Supreme court of country A,if you ask that whether citizen of country A can call US president a "his/her president"?

    USA expects someone to abide by the land of the law while s/he come to US to work legally. And what is expected legally is one is not involved in "Anti USA" activity whatsoever it may be.USA legally never expects citizen of other country "to love" or "show fidelity" towards USA when s/he is still the citizen of other country.

    PavanV is right in his argument, in a sense, that when some person is citizen of country A at this moment his/her fidelity naturally must be for his/her country A. This is the legally expected human behaviour in every society and country. It would have been perfectly o.k. and "legal" about rsharma's statement if he would have already been US citizen at the time when he stated what he stated.

    Such ridiculous, unnatural, premature, unethical and spineless behaviour can only be shown by the people who are already morally sold.

    First of all when somebody comes here in USA on work visa, s/he has come on invitation from USA base legal employer's willingness and is ethically, legally and morally obligated to provide professional class and quality of work for what s/he is hired. Nothing more or less is legally expected by USA and employment system within USA. USA and its whole society is well aware that these persons are citizen of other countries and so they never expects any kind of fidelity from them at least "legally" and at the same time they even do not grant the rights what US citizen nornmally have. Now out of that bunch many people prefer to go for permanent residency as permanent residency bring little bit stability in living and flexibility in employment and international travel. If one becomes a permanent resident of USA then also USA still only expects that person abide by the law of the land and do not involve in "anti USA" activity. It still does not expect "fidelity" towards USA in legal sense.There is no legal or social or political or any kind of pressure from USA or any governmental or non governmental institutes within USA on any particular person coming from other country to become its citizen. One can stay on permanent residency forever till death(At least based on current prevalent law) and legally work and s/he does not have to become a citizen for working legally. And I do not know about other countries but in India it is not considered "illegal" and/or "unpatriotic" to go in other country(Except Pakistan and Bangladesh) for legal work so coming to USA for legal work whether on work visa or becoming a permanent resident in USA while maintaining Indian citizenship simultaneously is not unpatriotic or illegal. Simultaneously USA's legal system allows an Indian to remain as citizen of India while residing in USA permanently for legal work.

    Now if somebody decides to become a US citizen, there is nothing wrong in that. I do not see anything wrong when rsharma states that "I have decided to become US citizen in future". But if he is mature and human enough then his fidelity at this moment should be towards India (Assuming he is a citizen of India currently) as he is a citizen of India at this moment. Showing this kind of behaviour perhaps may not be a outright unpatriotic in terms of "Indianness" but it certanily signals probable but strong disloyality towards India.

    And I do not think that USA citizens are that naive that they consider the people "not mingled" if citizen of other country do not call USA president a "My president" while holding the citizenship of other country.

    If calling US president a "My President" by non citizens would be the barometer of "mixing" / "mingling" then USA would not be today's USA. So please do not kid USA and us .





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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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  • PavanV
    08-18 05:10 PM
    This my personal take on it, I want a GC, i have been in this country for the past 8 years, landed in 2001 finished my masters and have been employed since then. Life is good here, well thats what i think, sometimes better than home (i still call, because i was born there), i am not dissatisfied with the money i am making, although i think i get underpaid (i work in southern calif as permanent employee).
    I came to this country so that i can survive in life, i.e. too much competition in India which means you need to really work hard to keep up with the competition (i am really lazy :D) , now with the fight for GC and all, added with the daily stress and chores, i am really thinking is the effort worth the reward, i keep getting this thoughts, i mean i am the only one with the thought that the effort/patience/sacrifice is not equal to the result ?.
    I really wonder if all this is worth it, the stress is just too much. Reading other's stories makes me laud their patience, i know my struggle has just started, kudos to others who are still holding on :)





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  • atlfp
    04-26 08:35 AM
    Nicely done



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  • miththoo
    11-04 02:19 PM
    One simple suggestion which is less comlicated than all those above.
    BTW you don't need rbi clearance.
    You can send an overseas wire from india through your bank a/c where the cost would be minimal( only exchange rate diff and cost of wire($25-50).

    Your parents can safely gift you $100,000 a year. Your bank only would need a letter from them saying its a gift.

    I have tried this to repatriate my assets and it works all the time.

    No need to open nre or nro a/c or anything.
    ps. don;t entertain any solicitation on this site for reverse hawala or anyhthing as you don;t know who will cheat you!
    just my 2 cents

    I know this is possible although I did not try this. I think you need to get a certified letter from CA. But can you give the money from your account and again have them gift you ? I mean wouldn't the bank check this is the same money that you gave to your parents previously.
    Btw, you can get upto $100K from your NRE account without RBI's permission. Also you deposit your Rent, interest etc that you get in India, into the Repatriatable NRO account and repatriate here in USA.





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  • walking_dude
    10-05 07:38 PM
    Vive la R�sistance. Vive la IV. ( Long live Resistance. Long Live IV.)

    It gives me hope that we can - TOGETHER - silence even LIAR Dobbs one day. It's important to keep firing those fiery E-mails (without getting abusive) till we can cure MMS ( Main Stream Media) from "Lou Dobbs Syndome" (LDS) - spreading canards and half-truths regarding H1B and other legal Immigrants implying their non-existent "illegality" to increase viewership/readership. Most likely it will need 2000 of us to march (again ) infront of the "Communist Nativist Network" (CNN) HQ in Atlanta with our ONE sentence Media Education ( and LDS de-contamination) Package

    Which Part Of LEGAL and HIGHLY SKILLED you don't understand ?!

    I hope that day comes when we can shove LIAR Dobbs lies up his natural wastage disposal mechanism!



    "AMPLIFICATION: The above Washington Wire item on the letter from House Republicans to Speaker Pelosi urging passage of an immigration bill to "help and retain" high-skilled workers refers to legislation that would increase the number of H-1B visas and green cards for high-tech and other skilled workers. The question in the WSJ poll referred to a separate effort, pushed by President Bush, to revamp the immigration system and provide a path to citizenship for those in the U.S. illegally. The item wasn't intended to imply high-skilled workers are illegal immigrants"

    They just updated with the above correction....:cool:



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  • yabadaba
    07-21 02:41 PM
    can we at least get the facts please before the naysayers votes us down?

    I had a question.

    It says u need a police certificate for the application:

    do u request it before or after the application has been submitted?

    also

    do u need one from every place u have lived in since u were 18?

    does it apply for ur spouse?

    how can i get a certificate from india and dxb





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  • drirshad
    11-11 06:02 AM
    http://www.mercurynews.com/mld/mercurynews/news/politics/15983342.htm

    Democratic victory may pave the way for Bush's immigration plan

    By Dave Montgomery, McClatchy Newspapers (MCT)

    WASHINGTON - If President Bush can find a silver lining in the Democratic takeover in Congress, it could be this: The outlook for enacting his sweeping immigration plan, which House Republicans blocked for two years, suddenly looks brighter.

    A 700-mile border fence pushed through the Republican Congress also could come under renewed scrutiny. Although Bush signed the fence legislation into law, Democratic leaders opposed the measure and may hold up funds for the project, which is expected to cost at least $2.2 billion.

    "I can't think of another issue that could bring together the Democratic Congress and the president like immigration," said Frank Sharry, executive director of the National Immigration Forum, which supports the president's initiatives. "This election has really changed the immigration debate forever."

    Pro-immigration groups such as Sharry's predict that the next session of Congress will be far more receptive to the most volatile elements of Bush's immigration plan: a temporary guest-worker program and conditional legalization for millions of undocumented immigrants now in the country.

    Since Bush first unveiled his intentions in 2004, those proposals consistently have collided with resistance in the GOP-led House of Representatives, which refused to consider a Senate-passed bill that largely embraced Bush's initiatives.

    Now Democrats will take over the House and Senate in early January under leaders who've expressed support for a comprehensive immigration overhaul.

    Presumptive House Speaker Nancy Pelosi, D-Calif., has called for legislation offering illegal immigrants a "pathway to earned legalization and citizenship" if they fulfill "tough requirements," such as paying fines and back taxes, staying employed and learning English.

    In a post-election press conference on Wednesday, Bush again listed immigration as a top priority, describing it as "an issue where I believe we can find some common ground with the Democrats."

    "I do think we have a good chance," Bush said.



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  • ras
    03-18 01:23 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.





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  • nnan
    05-25 10:42 AM
    Hello ,
    yesterday i was watching Cspan 2 and debate about immigration.one of the senator (i don't remember the name ) was telling about a story of a woman with six children migrated from some poor european country ten years back to America.unfortunately her husband died after coming here.She move on in life and went to idhao and opened a cattle ranch and brought up her children well.Now she is very proud and successfull business woman and mother of six grown ups whom i am sure will be well establish them selves.
    i listened the story and thanked the God that she didn't came on H4 VISA.otherwise she couldn't achieve the same.
    For H4 this land is certainly not land of opportunity.Rather i suggest all H4 including my wife to burn their masters in business administration degrees and PHDs ,start doing cleaning jobs like illegals and eventually apply for Z visa.
    Nobody is listening to us on capital hill .H4 are inanimate objects who came here to USA to accompany their fellow husbands or wife.No matter if it is for one year or 30 years.
    And in the end no reform for H4 in this bill and no hopes for getting GC to their spouse.
    I am not sure whether you should so frustrated that you should step aside and do other odd jbs just to get a "GC".

    Should be you downgrade your education because of a GC? Is India in such a bad state that after receiving PHDs etc one stands to ge nothing?

    Arise Awake ( Swami Vivekananda's quote), India is doing great.
    Yes I am waiting for GC, I understand the frustrations ( I am one in your boat), but I only have a B.E and cannot afford to pursue an MBA ( time is the cost, not money alone), & I still don't feel a B.E has no value.





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  • chanduv23
    04-26 09:04 AM
    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???

    As such, Canada does not really have as many jobs as in US. Offcourse it is a fact that PhD and Doctors drive cabs in Canada because they can't find jobs, but someone who is not a US citizen finds a good job in USA because it is simply the land of opportunities.

    I am not saying points system is the best, but opportunities play an important role and thats why US has so many jobs compared to other countries, though so many jobs are outsourced. There is always growing demand and the economy is huge and accomodative.

    Canada on the other hand is still slow to add jobs it the pace America does because of the lack of infrastructure (As I have not been in Canada, I don't have much information on how things work, but I know for sure that getting jobs is very difficult)

    We must have a seperate thread on merits and demerits of points based system over the existing system and the issues being faced in countries like Canada etc..





    ganesha
    08-23 04:51 PM
    Same with me too. My application was moved from NSC to TSC and has been lying there since then. Hasn't been assigned to an officer yet:mad:

    I never had any RFE, but my case has been bounced around for no reason. From TSC->CSC->TSC and I am told that it is not even pre-adjudicated not even assigned to any officer as yet. I have yet to see any more illogical organization other than USCIS. :mad:





    panky72
    06-24 03:18 AM
    There has been time check used to be payable to:
    U.S. Department of Homeland Security - USCIS

    Now at some places it is shortened to:
    U.S. Department of Homeland Security

    And at other places it is shortened to:
    USCIS

    I think, they are interchangeable.

    On USCIS site: Fees should be made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services. refer to first dotted instruction of http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    It does not talk about putting US in front of Department of Homeland Security. Going exactly by USCIS instructions, lawyer did mistake - but it is OK.

    Look at the PDF file for I-765 and I-131 Instructions from USCIS website (Checkout page 8)
    http://www.uscis.gov/files/form/I-765instr.pdf
    http://www.uscis.gov/files/form/I-131instr.pdf

    Here is the relevant info from the USCIS instructions:

    Use the following guidelines when you prepare your check or
    money order for the Form I-765 fee:

    1. The check or money order must be drawn on a bank or
    other financial institution located in the United States
    and must be payable in U.S. currency; and

    2. Make the check or money order payable to U.S.
    Department of Homeland Security, unless:

    A. If you live in Guam and are filing your petition
    there, make it payable to Treasurer, Guam.

    B. If you live in the U.S. Virgin Islands and are filing
    your petition there, make it payable to
    Commissioner of Finance of the Virgin Islands.



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