Monday, June 27, 2011

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  • neel_gump
    07-21 04:44 PM
    We, people with EB3-I priority dates in 2002 2003 2004, should not blame others for our problem. The only way out of this mess for us, I think, is to port from EB3 to EB2. We all need to do it before they scrap that law. We are being too loyal to our original employers. Most of us were working for more than 8 years in the same company. It is time to move-on and search for greener pastures. We checked that there are around 20,000 EB3-I applications in front of us. That, @ 3000 applications per year, means more than 6 years of agonizing wait. We are already waiting for 8 years and I don't know whether we can take 6 more. I think only a mass-porting from EB3 to EB2 should be the answer.




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  • h1techSlave
    06-29 10:43 AM
    The answer to your question is: Nothing. They may be waiting, because of many reasons like, they are scared, do not care, there are other opportunities, tired of this immigration crap, lack of enough knowledge regarding their rights.

    Now, I do not think the onus correcting such mistakes is 100% on the EAD folks' shoulders. I remember reading how slavery ended in this country. Slavery died, not because the black people fought for the abolition of slavery; slavery ended when the white man realized that slavery is wrong.

    Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.

    My question is -
    what are these "1000s of folks" doing? Are they waiting for someone else to work for their cause?

    If they believe they were wronged, they need to take action. Without any action, nothing is going to happen.

    And, yes, these is discrimination on the both side of the lines. Have you looked at the hiring practices of leading desi outsourcing/consulting companies in the US?


    __________________
    Not a legal advice.




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  • GCStatus
    09-14 10:13 PM
    How many admins do we have here?




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  • tonyHK12
    02-24 08:46 AM
    thanks isantem, indrachat_75, also for your efforts in getting other people involved. This is the best way to get more volunteers.
    The car pooling and air miles are being tracked on this thread
    http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904645-advocacy-day-air-miles-carpooling-and-hosting-members-in-dc-5.html



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  • alex99
    04-30 02:06 PM
    gcbikari ,

    Your argument is wrong. From the PERM FLATDATA Center DATA,

    These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:

    2003--->62912
    2004--->43,582
    2005---->6133
    -----------------
    1,12,627
    ---------------




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  • manderson
    10-20 02:34 PM
    If there's a recession (even with a soft landing) in 2007, as many economists and Wall Street people are saying, and we don't get SKIL Act through congress during lame-duck session -- what will it mean for us? Will business lobbies still have a strong case to sell to lawmakers amid a recession?

    I am not trying to bring everybody down. Just weighting my options in case Plan A (i.e. SKILL Act) doesn't work. This looks like an analysis thread and a good place to play the devil's advocate...



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  • Legal
    07-28 10:18 AM
    It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.

    If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?

    Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.

    For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?

    I know only of Java coffee:). I promise you Ron Hira wouldn't be interested in my application.

    It looks like EB2-EB3 having overlapping qualifications is a major source of frustration for you. I have similar issues with EB1-EB2 overlaping qualifications.




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  • immi2006
    11-21 11:37 AM
    I think courage to fight back can cure.

    I came out of a rare disease myself in the last 2 year battle for which there was no cure.

    You got to fight it out. My prayers are with you, hope the outcome is positive.



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  • jsb
    11-08 12:52 PM
    When some one decides to apply AC21 by having an offer from another employer, it is not clear if one is required to inform USCIS about it. Some say one should, others say, not required. Has anyone seen any USCIS position on it? If not, perhaps we should make this as a question for next Ombudsman's conference call.




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  • krishnam70
    07-07 10:51 PM
    Great news: IV core is supporting the flower campaign - see this thread (http://immigrationvoice.org/forum/showthread.php?t=6191). :)

    We have until tonight to place in the orders so that the flowers can be delivered on Tuesday.

    Everyone who kept the faith - thanks and lets continue sending emails or calling people to let them know about it.
    People who said that they will send the flowers only if IV core supports it - please send flowers asap.

    BTW, I am curious as to who first proposed this idea.



    Good going.

    Prashant was the first person to propose the idea. good idea dude
    dtekkedil was amongst the first to support the idea and address of Emilio came from him
    I was probably the first to send the flowers

    Anyway this is not about trying to get the credit.. we all can make a sumbolic gesture and thats what this is about. I am happy the media coverage its getting and hope it gets more coverage and people notice it



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  • gc28262
    06-28 01:04 PM
    Do a search on Dice with Citizen as the keyword. You will find lot of openings with Citizen and GC only requirement.




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  • go2roomshare
    07-05 01:49 PM
    i do not understand the fuss about it. why do we over react to it. Big law firms like FDBL ( fragmon) all said the lawsuit is not winnable no chance , DOS can change VB any time as per federal law. whats the use of all this??
    we should find some way through congress, not just fighting USCIS for short term beneifts for EAD/AP's etc.



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  • lsbk
    10-02 04:10 PM
    And what time? Hopefully, I will be in that box.

    :(Iam so sorry GKBest. I did ask my attorney's office about who received it and at what time. But they did not provide me any details about it and just said it was received at Nebraska on July 3rd morning. Hope you get your receipts soon.




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  • november
    07-02 11:26 PM
    I was plannig to go to Canada to take care of the landing formalities, but happened to visit this website, http://www.notcanada.com.
    The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
    Can someone validate the details provided in notcanada.com



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  • texcan
    09-13 12:53 PM
    Everyone,

    It will be a great help for everyone, if you all update
    case information in signature.
    Information helps get a perspective to others who are reading it,
    all info in one shot.

    Please Please Please update your signature and add it to posts.




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  • cjain
    11-01 03:59 PM
    ^^^^^^^^^^^
    what happens if one changes job after 180 days but the I-140 has not been approved?



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  • stucklabor
    06-27 10:10 AM
    First up, thanks to everyone for resolving this issue on their own, in a reasonable and civil manner.



    In a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).

    1. Allow people to file for 485 and get EAD even if visa numbers are not available
    2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).

    The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.

    With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?

    By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.

    Santosh

    Santosh, those are good suggestions that I will take up to the IV team.

    1. The idea of a democratically elected IV goals is a good one but there are huge practical problems. As it stands, the present IV goals are those that most people have indicated are those that the organization should strive for, and from our discussions with Congress/Senate staff, these goals are achievable. With democratically selected goals, the IV core team would have the unenviable task of fighting for whatever goals the populace decides is right, without regard to the achievability of the goals. For instance, if the junta votes on goals, many people would say 'Full portability of GC' or 'Automatic clearance of all pending labor cert applications in the BECs'. Those would probably not fly. Our current talking point is that our goals are small changes to the process; we do not skip any steps; and we do not change the process significantly. A full portability to any job changes the process significantly. Even yesterday, Spgtopper met the staff member of a very powerful House member and the staffer was quite positive on our goals - we do not ask for more green cards, we limit our goals to ones that are reasonable.

    2. IV goals are not written in stone. Name check is definitely an issue but it is an issue that not many of our people face. If our membership's problems changes from retrogression to name check, then we would have to work on that. It may be smarter to anticipate the magnitude of the problem and start work early. If you would be kind enough to partially lead the effort, that would be great. Logiclife is working on this issue on his own, and WaldenPond is also working on this. Please PM them. Logiclife is on vacation so he may take a while to respond.




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  • Kodi
    08-15 11:18 AM
    Received email from CRIS: EAD Card production ordered on August 14, 2008 for both myself and husband.

    I applied April 18th and did FP July 22, 08.




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  • sam2006
    07-19 06:58 PM
    count me in also ....




    krustycat
    10-08 12:39 PM
    same here :(

    July 3rd at 9:03 received by R.William
    --------------------------------------------------------
    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1
    greener_pasture

    July 5th
    ------------------------------------
    chalamcharla
    mbsac

    July 9, at 11.07 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    krustycat


    July 13, at 11.11 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    gcnm04

    July 16, 9:00 am at Nebraska signed by R Pitcher
    --------------------------------------
    viveckj99
    gcspace

    July 16, at 11.16 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    fetch_gc




    desi3933
    06-27 11:41 AM
    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.

    There are many points on which this agreement can be defended.
    1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
    2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
    3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.

    Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.

    I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.

    Good Luck.

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

    desi3933 at gmail.com



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