Saturday, June 11, 2011

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  • eastindia
    01-12 10:07 AM
    Please refer to this link
    U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.dol.gov/dol/topic/discrimination/immdisc.htm)




    Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation (aka I-485 approval).


    If you don't agree with this, I would suggest spending $200 with an attorney to get initial consultation and get the answer to enlighten yourself.




    ___________________
    Not a legal advice.


    I agree with you.

    Country limits is a law. A court has to follow the law. Court does not decide if the law is fair or unfair.

    If you want to change the law, go to congress.

    BUT SOME PEOPLE HAVE TOO MUCH MONEY TO THROW AWAY TO LAWYERS.

    And whats with big lawyer names? Just because a lawyer has a website and writes on a website, does not mean he is a big lawyer. Look beyond the marketing of lawyers and see their skills, track record and genuine concern for your long wait. You are asking the same lawyers to help you whose bread and butter comes because you are applicants in a long line.

    Highly educated innocents!




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  • arrarrgee
    07-18 01:12 PM
    LOL...Couldn't help myself after reading this thread... Guys who are frustrated..i totally commiserate with all of you who are stuck in BEC..All the july filers would be eligible to file for their 485s and would get their EAD's ad AP's a couple of months earlier than the folks stuck in BEC.The BEC folks would get them too when the dates move starting Oct 1st.

    Its ultimately the PD thats important for the green card..since you already have your PD much before than the june fliers,you always have your place in the GC line. Unless you guys come and join us its not gonna move...




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  • MLS
    09-25 02:06 PM
    Hi Nat,
    Fragomen took about 6 months in getting "prevailing wage info" for my case in 2001. My manager ( Canadian who had gone through US GC process himself) finally talked to them and asked them to file without waiting for DOL's reply on prevailing wage. (That was a risk but we agreed to take it at that point)

    That six months delay costed me 6 years in GC processing ! But thanks to my manager , otherwise I dont know how many more years I would have waited.(One of my co-worker still awaits his labor cert !)

    The big law firm goes by predefined steps , which are probably the safest way for most cases but may not be the fastest way. You need somebody who has been through this process and can understand and asks good questions to lawyers and can help lawyers to think for your perticular case. Check if you have somebody in your org to do that.

    All the best.



    My company started the PERM process for me about 2.5 months ago. I contacted Fragomen about 1.5 months after approvals within the company and they said they are working on establishing min requirements for the position. I then contacted them 3 weeks after that day and they said they have established the requirement and will request the DOL for prevailing wage info (this was 2 weeks ago). After which they are going to start the recruitment process. So I'm not sure if the time line is okay or should I be chasing them more frequently? Please advise.

    Regards
    Nat




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  • browncow
    05-30 12:13 PM
    Well one can avoid Air France if it 'makes you feel better'

    The Crux of the matter is 'Indians discriminate Indians !!!!'. You see that everyday.....

    1.Indian embassies in US...
    2.Air India service is better for Goras and Goris than us...
    3.Even in a website called IV and the list goes on and on.

    Its been long forgotten that we were once the richest country in the world with a amazing history and cultural background.

    Bottom line: Once a fellow Indian starts respecting another fellow Indian 'others will follow'.

    Cheers!!!

    Here, please write to AI about everything you faced:
    http://home.airindia.in/SBCMS/Webpages/ContactUs.aspx?MID=207#



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  • nonimmi
    03-20 03:30 PM
    Considering a new labor is approved in EB2 (through same or different employer), can another I-140 be filed with older EB3 PD? In that case what happens to already filed I-485 application (EB3)? Can it be adjusted with new I-140 in EB2? I was wondering if anyone has done that.




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  • Ahimsa
    11-08 03:12 PM
    ...Ahimsa, I hope you understand this is a platoonic conversation between us...

    If you mean "platonic", yes ours is no doubt a friendly conversation.
    I agree CIR will be modified but our EB reliefs (for existing EB applicants) are not controversial (ilegal immigration reliefs and H-1B increase are the most controversial), right?
    I hope there would be some form of CIR with EB reliefs that both Dems and President would agree on.
    Thanks



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  • Leo07
    03-28 05:53 PM
    Was hoping people could take this post in a lighter vein, apparently not:)
    If it helps any...("nahi bola tho suntha nahin?")
    YouTube - Hyderabadi Mushaira comedy (http://www.youtube.com/watch?v=7qEoCinCkK0&feature=player_embedded#at=272)

    bade mia, tere bataan sunke bohut kush hua main. Pottey yahan key alag hain. questionnah poocho nakko boletho suntha nahin kya? subah ka nashta katham nahin hua, spilloveraah key baarein mei baata karraa?
    3 mahiney key baad milna, spillover key baarey mein baata karne ka ha tho.




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  • JazzByTheBay
    12-10 07:32 PM
    Not to take away from the spirit of your posting, but just to set the record straight - it was Immigrants Support Network.

    cheers!
    jazz

    People feel as if they have achieved something big after getting an EAD. EAD is not a visa and EAD status is not a valid status. You in fact lose your h1b valid status once you invoke AC21.

    I have personally seen people change their attitudes as if they have achieved a gold medal in Olympics and talk big about "'Fingerp[rinting", about AC21, as if they have written the AC21 law. Does anyone know how AC21 came into picture on the first hand? There was an advocacy group called "Immigrant Social Network" that was behind the AC21. Prior to that, EB rules were extremely stringent with no portability.

    Everyone browses this website, gains knowledge and behaves as if he/she is an immigration expert and has achieved something big.

    We have been cajoling people. To what extent?

    Words cannot describe the amount of effort "needhelp" has been putting in. She still continues to be the same and claims that her morale will never go down and her commitment levels have increased. All the cowards, and so called smart asses - try to learn some good lessons from people like her.

    Life is not all about shopping at Macys, talking about fingerprinting, and watching TV, and spending hours on phones talking about how dealstobuy is different from buy.com or not about how CVS pharma sells the same item for less rate than rite aid. Life is not all about "sitting here doing nothing and talking about how different countries are rising and why one MUST not care for his own good"

    IV is a volunteer organization and every member is equally responsible member. If you try to elude, and act smart - it only reflects your dirty character.

    If you are here, do something. Yes, atleast something that you feel you can do. Please do not cheat those who are working extremely hard for your cause.



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  • jchan
    02-14 03:25 PM
    dear hydboy77, after reading your posts, I agree with another member -- that you have totally different goals and concerns from the pre-application of AOS. It would be the best to start a new thread for your concerns, and leave this thread soles for AOS pre-application.


    Getting rid of semilar\same job requirement is going to be as easy or as difficult as getting prefiling AOS.

    Getting rid of same\semilar job is not semilar to getting to green card. If you are a software person then you can put a restriction that you have to work in a software related job, in the same way if you a civil engineer then you should work in the civil engineering field. But the way USCIS does same\semilar job is job code match, responsibilities match etc etc etc, the problem with this is it is a very grey area, it is almost like doing labor all over again. It has not become that bad yet but it will sooner or later, how many H1b rfe\denials did you know in the last 2 years, I bet there are more H1 denials in the last 2 months than the whole of last 4 years.

    I understand you are not being selfish but why would anybody want to use EAD instead of H1 other than for getting rid of visa stamping purposes. The overwhelming majority of people are going to use EAD to switch jobs because of layoff . When people are transfering H1b because of layoffs they are getting rfe\denial notices, when you move from H1b to EAD because of layoff USCIS might hit you with the same\semilar job rfe (when you file ac21, when previous employer revokes H1 or I140), that is my point.




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  • go_guy123
    09-12 03:42 AM
    Seriously...both r of no use as far as legal immigration is concerned

    very true...both are mainly interested in the vote bank politics and EB immigrants are too small in number to be of interest to them.



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  • Rb_newsletter
    08-05 07:59 PM
    I have suffered, and I would like to help others avoid this suffering, if possible.

    Sorry to hear that you had some bad experience. May I know what kind of bad experience you faced.




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  • navyug
    06-12 10:16 PM
    First - EB2s stop replying posts that were written in frustration and you understand why, They will not affect and take away your GC. Since you are not frustrated you have to start first.

    Second - EB3s - Frustration will never bring you anything and you can not move PD faster. Instead capatialize the situation that EB2s are getting GC. How you have to think and focus.

    I can give my example. I made network of some who got GC and have some influence in recruiting. After working 9 years for a big Pharma and got layed off, My one buddy got GC long back in EB2 , helped me and received job through him though I have to drive 220miles everyday.

    Am I frustrated yes!! More than anybody else here but has to calm down and think positivily.

    Hope my post will help you to reduce some frustration.

    I can understand the frustration among Eb3s. Honestly I do not want to aggravate their feelings. My only objection was for someone to generalize all Eb2s as being dishonest.



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  • arunmurthy
    10-01 05:56 PM
    You still dont know how to write Hindi. I was appreciating psaxena's hindi comment.

    Arunmurthy, Yes i can. chaval kha ke soja balak. Eat rice and sleep. please dont make any noise.

    Tu dhokla kha ke so ja cheeee
    Cheeee bole to Chakka in Mumbai language
    :)




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  • kams
    06-19 07:50 PM
    You need to file for I-140 before 10/1/07.
    For that you need to have an aproved Labor.
    Bear in mind this is just one of the opinions out there (albeit the most prevalent)
    Nothing is final yet, untill CIR passes both houses and signed by the president before 09/30/07. (Though it looks highly likely now)

    I have gone through the text of old bill (page 265) and new bill (page 291). There is no difference b/w the two.
    I believe cut off date will be Jun 19, 2007.
    Please read page 286, line 40-44 and then read Section 502 d, on page 291 line 40-44.


    Sigh...



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  • ncrtpMay2004
    03-26 12:23 PM
    Just to add.... porting process is legit for EB-2 as well. EB-1 is current now. :p

    ***
    The Indian CRAB is the story of how a fisherman kept a basket with crabs, uncovered. When asked, he replied " They�re Indian Crabs - If one tries to climb out, the others will pull it back in, hence there�s no need for a lid "
    ***
    The Indian CRAB - Contribute - MSNIndia (http://content.msn.co.in/MSNContribute/Story.aspx?PageID=222e21f3-f981-4a9c-9f9b-a5706f249433)



    Porting process is a legit process and for well qualified EB-3 india folks thats the only ray of Hope.

    You can rant about it but noone going to stop the porting process becaue the folks who initially filed under EB-3 are now eligible to get Job promotions , new roles and responsibilities in their Career and in some cases new Sr. Job positions which are qualified EB-2. By the way they do file new PERM labor and new I-140, it is not a automatic qualification just based on number of years waiting in the endless EB-3 india queue.

    Under the current circumstances where EB-3 india doesnt get any spillover numbers or any such relief like VISA recapture bill, do you expect them to go behind the lines with new EB-2 PD? What about the wait period in the backlog centres, in the PERM process and for few I140 stage waiting period? Its the law and people are following it. You can try porting to EB1 if you are qualified enough and port your EB-2 PD to EB-1.

    Just because you are qualified initially for EB-2 doesnt mean others are inferior and they are not eligible to port to EB-2.




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  • sreddy
    07-17 08:23 AM
    Rajiv Khanna/Mathew Chacko at Immigration.com



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  • Jaime
    09-11 03:40 PM
    Are you EB3? Your wait just got much longer! (October visa bulletin), what better reason to change your mind and come to DC????




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  • javadeveloper
    10-29 11:03 AM
    I sent the following documents for AP E-Filing
    2 Passport Photos


    Do we need to write A# on back of the Passport Photos??? I missed to write.




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  • grupak
    12-11 04:55 PM
    Members, it will be a big help if we just follow the small steps IV has outlined. Big ideas are great but lets start with the easy things first.

    December Visa bulletin is obviously frustrating for all of us. After the recent accomplishments in July visa bulletin and the tons of approvals that we saw after that, we hoped that everything will be alright.

    But that did not happen. Some of us in the community were taken by surprise, but this was expected. Afterall there are only 140K greencards available every year. EB2 for India and China is already used up for the quarter. EB3 is badly retrogressed for everyone.

    Believe me, it will not get any better. It will get worse with time if there is no immigration reform.

    IV can only do what its members empower it to do. If members want us to be just a site for question and answers for individual visa problems we can stay like that. If members want us to come together and do a rally in DC, we will help organize it. We did a rally in DC on Sept 18 and made great progress. However we cannot just sit back and admire one effort. We need to continue it and capitalize on it.

    Now is the time for everyone to decide if they want a greencard. If you need a greencard, and want to do something about it, then you must join this effort and help yourself by helping everyone.

    Our Plans

    Our next hope is year end bills. If we can get some provisions in those bills we can certainly look forward to a happy new year with fast movement of visa dates. Next year is an election year and it will become much tougher for any immigration bill to pass. We will need to make super extra push next year for something to happen. So the time to act is NOW.

    We have achieved great successes when we all came together and did something. If you need proof read Macaca’s post with compilation of our achievements. http://immigrationvoice.org/forum/showpost.php?p=181953&postcount=216

    IV only asks 3 things from each one of you. Having these 3 pillars of support from members we will be able to increase our chances for an year end push.
    ================================================== ===============================
    1) Please sign up for monthly contributions. Monthly contributions help us plan ahead of time and commit our resources. Your participation will determine how big of a push we can afford. Just $50 every month per person can have significant effect on the overall push that IV can plan so please consider contributing.. http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
    Please post on this thread, if you have signed up for monthly contributions.
    ================================================== ===============================
    2) Join your state chapters now. Get together with your fellow community members and meet your local lawmakers. We are a grassroots effort and can be successful if each one of us makes a sincere effort to meet our lawmakers and apprise them of our issues. http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
    ================================================== ===============================
    3) Consider yourself part of something big. What we are doing is something big. We have already done what was difficult to think when this organization was started. Today we have become a big force and a voice of legal high skilled community. Each one of you defines what IV is. Your posts, your talks with media, your talks with your friends about IV, your talks with your employer about immigration problems, your time and effort you put in for IV defines who we are. Each one of you is important for the success of this effort. Each one of us is a voice and we have converged our energies to make a strong voice. Please consider yourself an integral part of IV and actively participate in the effort.
    ================================================== ===============================
    Let us start a massive effort in this direction and make a year end push!




    desi3933
    03-20 10:13 PM
    Dude, I have to tell you the same, do not give misleading information. you need to have a full time position for H1B. there is a minimum number of hours per week that you specify on your Labor condition. 2 part time doesn't cut it. As I have mentioned before, you may have multiple sponsors but one of the sponsors should be primary and you work full time with him or the minimum number of hours per week as per LC. other one could be part time. But there needs to be 2 separate independent I-129's filed by both employers for you to do this.

    >> you need to have a full time position for H1B.
    Incorrect. H-1B can be filed for part time position. Refer form I-129.

    >> you may have multiple sponsors but one of the sponsors should be primary and you work full time with him
    Incorrect again. There is no requirement to work full time with one of the Employers. Hours are determined by job offer and hence mentioned in LCA. But hours could be 12 hours for both Employer A as well as B.

    Again, there is no requirement that one of the job must be full time.


    _______________________
    Not a legal advice.
    US citizen of Indian origin




    mrane1
    09-21 06:39 PM
    I didnt attend the rally because I thought there isnt much that would come out of it. The expense was too much to fly from CA. However, if it was in the BA I would have gone...



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