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  • ganguteli
    02-05 08:03 PM
    Help!!

    Is any company filing new PERM applications in this economy? I was told that my current company (a really big one at that) is holding off PERMs indefinitely because we had some layoffs- indefinitely!

    My H1 runs out in Oct 2010, and I heard that I have only till end of Nov 2009 (including what I found out is called recapture time) to file.

    Now, I found out that my company have do newspaper/online ads for positions to demonstate that they tested the labor market etc etc (all stuff that I heard from the attorney), and I got the impression that she has no idea when they are going to do this and start filing again, and I got something like a best of luck look from her. I am freaked out now.

    Any of you out there know if any companies are still filing PERMs? I am on a EB-2 in Software.

    Also, if I join a new company, can I file a PERM immediately? Or is it just best of luck to me?

    Looks like I have to look into a Canada visa / Australian or UK visa or better go back and spend sometime in India. Any thoughts from any of you more enterprising folks out there? I have little knowledge of the process (my fault!) but I am stressed and freaked now.

    You are undergoing what a lot of H1Bs go through.
    They do not care about greencard on H1B thinking that it will come whenver the company applies until it is too late. They enjoy the first 3 years of H1B enjoying America and dollars and do not bother about IV or advocacy or contributing money to IV. I have seen such people even telling others it is a waste of time and making fun of IV. After 3 years they renew H1B thinking that they still have 3 more years. But once 6 years are about to expire they worry that they will have to leave US of A and the land of opportunities. It is at that time they try to start greencard process and check out IV. These same people then start contributing to IV and take this effort seriously.

    You still have time of 1 year and 9 months and that is good enough to get your labor through. Good luck and hope you find help from people here.





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  • WillIBLucky
    11-22 01:12 PM
    Lets not deligate things to others. What ever you feel will help IV and the problem of retrogression, just go ahead and do it and post a note here so as to encorage others to come with similar ideas.





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  • kshitijnt
    06-04 02:55 AM
    Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.

    You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.

    Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.

    To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.

    because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect

    Well he got his GC. Dont be jealous.

    Congrats !





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  • WillIBLucky
    01-05 07:59 AM
    I surely may have missed something here. Has been a bill placed already that will allow us to file 485 and get EAD?
    Sorry, I am really having tough time coming to IV these days.
    Its law the day when it is signed by the president unless there is clause in the bill to postpone the impelmentation.



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  • sai
    05-26 07:18 AM
    when is "House-Senate Conference Committee " scheduled ?





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  • ronhira
    09-23 02:23 PM
    What do you think we should expect from a president who is "socially conservative" and "fiscally liberal".

    I expected Obama to be another FDR, but I now feel he is very far from being FDR.

    FDR had 8 years & over 55 years after his presidency to make his impression today..... u r judging obama with his first 2 years of his presidency....... where is fairness here?

    previous administration created this situation where the economic cycle had literally stopped..... people were not spending money, banks were not giving loan, companies were not expanding/hiring, companies were laying off causing unemployment..... in such times economy needs fusion of cash so that there is enough money in rotation for the economy to continue before customers return and the economic cycle is back on track...... bush (as seen in the video), McCain or any other person would have done the exact same thing becoz there is no other way...... the only other option of not doing anything would have ended up with the country in economic depression....... then u would have blame obama for creating economic depression......

    lets talk @ "fiscally liberal"..... darling of the right wing, george bush.... started two wars..... spending over 2 trillion dollars, gave 1.4 trillion dollar tax-cuts to the top 1% who are rich..... this is around $3.5 trillion dollars of unpaid spending taking this country into massive national debt...... and now u r blaming obama for being "fiscally liberal".....

    this world would stop if it were for the ideologues..... "fiscally liberal" is just one idea which works during specific times, it doesn't work all the time...... but the situation obama inherited "fiscally liberal" was the need of the hour, otherwise we would all be in economic depression..... today people have the luxury of being an ideologues becoz this country is not in economic depression...... but wasn't it "fiscally conservative" republicans who led the country to the economic depression by spending their way to verge of collapse..... y blame obama for being "fiscally liberal"?

    @ social issues, he has so much on his plate & his focus is economy...... but he has shown leadership on gitmo, don't ask don't tell, stem cell research etc..... in his first two years....... don't hang by his neck....... give this guy a chance......

    after 2 years of bush presidency... if people would say anything about bush.... they were branded as unpatriotic...... now with 100 times worst situation at hand.... u'll not give this guy a chance but rather throw dirt all over.......



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  • go_guy123
    12-25 04:31 PM
    I am getting mentally prepared for much much longer wait.
    Thanks

    meaning you are also planning to marry a US citizen....nothing wrong
    This trend will accelerate more in years to come.

    When i first came in 1999 marrying us citizen was sort of heard of by IT folks.
    by 2003 i was coming across so many cases of marrying us citizen.

    among non indians its very common resulting in their PD being more recent.
    In fact my friends who went for marrying citizen ...are way better placed in life.

    It become so hard to marry from india now with contract jobs lasting short time and salary being so low after cut form h1b vendors. eventually teh pain will reach the point of yield.





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  • gc_dedo
    04-28 08:08 PM
    http://www.flcdatacenter.com/

    Query for your company name and based on your priority date, you can get info about the job code etc.I had the same situation wher my employer did not share that info and i found out frm this one.
    Can you please provide details how to do the search at the site based on company name?



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  • getgreensoon
    03-09 09:40 AM
    Here is what I found from Murthy Forum --

    According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
    (1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
    (2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
    (3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
    (4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
    (5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
    Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
    Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.

    (6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
    (7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
    equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
    (8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
    [Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
    Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:

    These are just guidelines from a law firm. Most of the law firms were making money in porting cases for last two years, as number of new applicants were less due to economy. That does not mean that USCIS is going to approve these cases based on number of years of education. Porting within a company is a risky deal. Even though lawers dont make it sound like a big deal, for getting new clients. The old eb3 job that was used to file the first labor needs to be filled. If you are working with a desi bodyshop, be careful. You are inviting an audit.





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  • chanduv23
    02-07 03:15 PM
    Chandu is one of the active folks/volunteers who is helping us more that we are helping ourselves... His push and constant nagging are coming as +ve reminder who couldn't send letter due to hectic schedule or are still Procrastinating ( there is a huge chunk of people like this ) . At the same time there are a certain gang of folks who will never send letter , never support anything - just eat the fruit of other's labor and be proud and happy !!!

    My personal request to Chandu would be - Pls continue the push and nag but keep it above the beltline. Let's not create 5 threads but do the push 5 times in 1 thread.

    I'm a supporter of Chandu and other IV folks like Chandu - so dont take me wrong.

    Thanks for the encouraging words :) I promise, not more than 5 threads :) Come on folks lets have atleast 5 threads.

    I have not been very active on this campaign because of a personal situation but want to do what I can.

    At times, people just need a push. When they see 5 therads with bold topics, they do feel the push otherwise - people just carry on with hectic schedules and forget to do it even though they intended to do it.

    Like a member "crystal" said sometime back "even eagles need a push to let them know that they can fly" .

    I am stopping with these, but it would be great if members take it up from here.

    IV is for everyone and we want everyone to participate.



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  • skc526
    02-13 07:47 PM
    After some procrastination, finally i will be posting the mails out tomorrow. You guys are doing great jobs. I will talk around to my friends to send out too.:)





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  • waitforgc1
    02-10 01:34 PM
    The main difference is maintaining the similar job profile until you get GC while switching jobs.



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  • Hinglish
    08-07 08:49 PM
    People do not agree and have different ideas - sometimes to the point of personal hurt! - this is natural. They have different interests and even when they have shared goals, sometimes their paths to those shared goals may diverge - this is natural, too. Yes, differences, discussion and divergence can lead to a final separation and then two or mroe new groups are born - and it can happen naturally and it does not have to be rushed or forced through censorship and persecution. But sometimes debates and differences actually help the whole group to stay together and find a better path or a better solution - in the heat of the discussion and in the fight of the dualling arguments a new idea, approach or solution is born. I do think that a lot of the most contentious discussions on this forum are actually the most important and interesting ones because those are the oens that will cut to the heart of the problem and reveal the real depths of the issues. Suppression of diverging opinions is the hallmark of dictatorships.

    As if the comments people write are really going to affect things ....
    As far as I am concerned ... let the dogs bark ... when they start biting ...f$@king gas them ....meanwhile take a look at the "Lighten Up" thread... it should cool things down ....





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  • Dhundhun
    07-10 12:26 PM
    How do we know if you have 40 credits?


    Where do we check or compute this?

    It is very simple calculation.

    Every year if you earn more that certain amount it becomes four credit. I don't know current amount, but it used to be very low between $5000 and 6000 per year. Usually people in computer industry might be earning 4 credits in first month (Jan) itself.

    You can't get more than 4 credit in a year. It takes 10 years to accumulate 40 credit (basically it become 10 tax returns).

    Low wage people earning less than $5000-6000 per year take more than 10 years to accumulate 40 credit.

    Also this 40 credit need not be contineous.

    F1 students and on OPT usually don't pay Social Security Taxes and so don't earn tax credit points.



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  • LostInGCProcess
    06-17 05:24 PM
    I do not think this is standard. I worked for a consultant company for 7 years and never saw an agreement like that!!

    Yes !!!Also to me, it feels very fishy. The topic of this document is very misleading too..."Time Sheet Agreement" and they have included all the 'bonded labor' clauses in it...Thats why I have posted it here in this forum to get some feedback from experienced people who might have come across these nonsense.





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  • spicy_guy
    07-12 02:01 PM
    Live EB2 live!

    EB3 I.. we poor guys.... always dormant.. :D



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  • tabletpc
    09-19 12:35 PM
    :D:D:D:D:D:D:D:D
    Buddy let me know ASAP if its really going to make a difference, I will try to speed up the process.:D





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  • caydee
    03-07 06:00 PM
    I have similar situation - I applied for 140 in July 2006. My daughter will turn 21 in July 2007. As I have applied for 140 before she turns 21, she is safe for GC, but will loose H4 status when she turns 21. As per my lawyer's advice I have applied for her F1 so that she can stay and continue her studies in US. When I become eligible to apply for 485, she can be included in the application - but, not as a dependent of H1B holder.

    Can you apply for AOS for your daughter with your 485 application after she moves from H4 to F1?





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  • lskreddy
    03-19 08:33 PM
    I guess you are bummer !!!!

    Bummer is a word used to express disappointment.

    He was not name calling. It takes a while to pick up the slang but it sure helps you to assimilate better.

    And, if you were already familiar, before you go on a tirade on me, please hold your horses..





    Dhundhun
    09-19 02:54 PM
    We would like to know the count of GC waiting applicants with US citizen children.

    Is there any plan to propose another class to USCIS in addition to EB1, EB2, EB3, ...?

    I may have to wait for 25-30 years for my grand-childrens to sponsor me.





    milind70
    10-17 02:41 PM
    I got an RFE for I-131 for both myself and my wife. They have asked for absolutely everything (I-485 receipt, I-140 approval, I-94s, I-797s, marriage certificate, Passport copies etc). As my lawyer said "they have thrown the kitchen sink at you".
    I dont even know why - but the amount of documentation they have asked for seems absurd just to issue a travel document.
    BTW - my EAD from the sample application was approved!

    ______________________
    EB3 India (PD: 05/01/2004)
    I-485 Receipt date: 07/23/2007
    EAD approved: 09/04/2007
    FP notices: ????
    I-131 - RFE
    GC: god knows when

    Which Service Center has asked for these docs???
    NSC or TSC ????



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