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  • abhijitp
    07-23 07:13 PM
    I just asked my lawyer and heard the same thing. Now I am being asked where I got this info from:p Does anyone know the URL to a document that says Employment Letter is a MUST and that your AOS can be denied for not submitting it?
    Got the answer on the previous page. Thanks fcres!
    http://immigrationvoice.org/forum/showthread.php?p=129722#post129722





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  • anilsal
    12-11 04:04 PM
    USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)

    INA should be changed which should be done through a legislative process, not through any rule making.

    I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
    http://www.americanlaw.com/aos.html

    I think this act is not the applicable one.

    So I think we are still green to discuss this. Do you interpret the same?





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  • uma001
    08-02 08:40 PM
    Mayhemt,

    Please dont talk without knowing the truth.
    I joined the company only for green card, I was a consultant for them before I became full time. They told me this 'We will sponsor green card, will you become full time' I said if you do green card I will join. But they did not keep their promise. Thatis give and take. They already gained from their investment, Thats y they dont want to sponsor anymore. They do green card for what we do for 6 years not for sticking with them for 20+ years.
    if I was in my company shoes , I would not take the documents, drag for 2.5 years and say 'We found candidates' . I would have either said in 6 months sorry we cant do or file green card.One need to have honesty. If I am that smart likemy employer I would ve started a company already and firing H1 guys left n right


    Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
    "Although these are our policies, these might change at any time, with or without written notice".
    End of story to all 'You promised me gold in your agreement' arguments.

    Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
    Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.

    It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.

    It is an unfortunate truth we all need to get accustomed to live with.
    I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..





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  • abhijitp
    07-23 07:13 PM
    I just asked my lawyer and heard the same thing. Now I am being asked where I got this info from:p Does anyone know the URL to a document that says Employment Letter is a MUST and that your AOS can be denied for not submitting it?
    Got the answer on the previous page. Thanks fcres!
    http://immigrationvoice.org/forum/showthread.php?p=129722#post129722



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  • immigrant2007
    09-10 10:20 AM
    EB2 I/C won't be current in the next 4-5 Years, the EB2 I/C demand till date (Today�s Date) is in the 100K - 120K Range. The EB2I/C demand till Jul/Aug 2007 is easily in the 40-45K Range so it will require a very over optimistic scenario to clear by Sep 2011. EB3 ROW will reach end of 2006 by FY 2011. So there is a very long way to go. All the movement is under many assumptions most important being the economy and unemployment, anytime this changes all spillover will collapse and there will really be no difference between EB2 I/C and EB3 I/C.

    One of the main things that could help us to make a correct guess is number of approved and pending I-140s per country per year of priority.
    USCIs shouldn't say they don't have this data and we shouldn't say we never requested this





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  • greencard_fever
    07-20 11:14 PM
    I'm having less and less faith in the claims made by members that USCIS is inefficient and clueless. ok, they have been and continue to be in many areas:):). However, they have a game plan this time. In retrospect, we know they had a game plan in June 07 also.

    There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.

    They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.

    Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.

    Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.

    Hello Gurus,

    I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:



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  • ItsLife
    06-10 09:34 PM
    Incorrect. You have to submit proof of employment. Basically a letter from employer. If you are unemployed that that will raise a red flag and you cannot renew your EAD anyways. So current and future employment letter is a must for getting EAD. Sometimes they even ask you for salary slips if they suspect your employment. In this proposed amendment the employer also has an obligation to record layoffs and inform government. That makes it very tough for EAD guys to renew their EADs. Even if you are not working for the same company that filed your EAD, USCIS record can show there were layoffs and your applications will be in trouble. Expect lot of RFE and denials. Remember AC21 denials last year?

    -----
    Once you get your EAD and move on you dont have to worry about this stupid memo. Anyone who is trying to fool you is scaring you including this stupid eastIndia. Dont spread false rumours.





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  • Roger Binny
    10-10 01:35 PM
    Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?

    That is the riskiest and BS advice one can give on forums, specially in these.

    Yes,exactly same including me my friends were asked for passport, we didn't know that we need to carry each one faced around 20-30 mins of interview.



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  • new_horizon
    10-20 02:36 PM
    I missed on some of the conversation here
    - '92-'00 was a good economic time because of the dot com boom.
    - the repubs were in charge of the house and senate, and they helped in part to frame/pass the policies during that time.
    - the housing sector debacle started in the clinton era, when the dems pushed the fannie may & freddie mac to lower the lending standards to give loans to the people who couldn't afford it. though it sounded like a good objective they all knew that at one point it would boomerang.
    - the dems did that for their own purposes:
    1. to gain the support of the lower income/middle income population which they did.
    2. to fatten their own wallets-they changed the compensation rules so that the more they loan out the more their compensation. the dem guy in charge of the loaning agencies earned 90 mil in 6 years.
    3. the top two beneficiaries of contribution from fm/fm were guess who chris dodd & barck obama (barack got 130K in just 3 years). not to mention the favorable interest rates on their mortgage loans.
    - the US has prospered so far because of its capitalistic philosophy. it has advanced innovation, and entrepreneurship, because innovators know they'll be compensated for their hardwork. barack recently claimed he want's to spread the wealth around which is a socialist philosophy...you've seen that in the communist countries (no growth, poverty, and low standards).
    - barack has had no accomplishment at all...no executive decision made, no major legislation (bills) introduced or passed (let alone through bipartisan efforts). so all of a sudden to assume he's going to bring change is ridiculous. hillary would have made a better president of course the press decides/controls everything now.
    - look at the huge spending plan he has (free giveaways to everybody)...to fund that he'll tax you and I (take away whatever money we've saved).
    - he's ambiguous on everything...he changed his initial position on almost everything, and not just once (again according to the audience)

    I don't think we need to go thru all this again. all i care now is my gc, and I don't think obama is for it. even if he says he's for it, you can't trust him. he'll change his position when it becomes unpopular.

    again be rational in your thinking.

    p.s with the limited time I had I wrote all this...so don't pounce on any gramatical errors (of course the dems like to do that).





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  • msyedy
    06-13 01:23 PM
    Senthil1, Pineapple

    Please let us not sound harsh and have a bipartisan :D discussion. It is just my statement I do not disagree with neither of you.

    Rule 2
    You mean Microsoft and Google and other companies want to stop outsourcing. They would not have build a huge team in india if they wanted to do this. The point that you are missing is that they need H1-Bs here because no american born is availabe here to fill those positions.

    Read my statement thoroughly.
    Big consulting companies(Bearing point....my list will go on) that are plenty in the US who hire and fire H1-B and american born if they cannot find another client for them after few days.

    What will happen to these companies .. they have to shut down

    Rule 2 will be a disaster for all these companies.
    These companies do not go to india to get H1-B's they get them when they come here brought by india Desi companies.

    It will be a mess. You might be talking about one company that will never displace and american and will garauntee an employee that he will never be fired once hired : Give me a break.

    What exactly is your point Senthil?
    If by reiterating (over and over) the "evilness" of "desi" companies insofar as impacting American workers is concerned and justifying absurdly and obviously restrictionist bills on the fond hope that it would have minimal impact on the "good" American companies who hire H1s in the exception, you wish to make it clear that you are an employee of the latter set of companies, you have certainly made your point, and do not need 364 posts to hammer it it.
    Ladies and gentlemen, Senthil is a genuine, bona fide high skilled person working for an honest American company which has high ethical standards, and is not, repeat, NOT displacing any son of the soil American.
    There - you can relax now.



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  • EndlessWait
    07-13 09:35 AM
    GCBy3000,
    Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:

    Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR

    Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?

    I know the Mahatma would have asked himself the same questions before hurling allegations.

    Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.

    AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.

    go figure..u jacko.. this forum is not give publicty to lawyers.
    pls close this thread





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  • logiclife
    12-27 12:08 PM
    was visiting India after 5 years..the visa on my passport expired in 2003.. no transit visa.. had the new Visa document with me though.. missed the connecting KLM flight in Amsterdam & the next available flight was the following day.. the Airline staff went through my Visa document & gave me a 24-hr transit Visa & did put me up @ a hotel outside the Airport.. 'twas a blessing in disguise as I could tick AMS off my 'to visit' list..


    So you were in Amsterdam for 1 day. ;) Did you visit any of the legal hesh bars? (Just kiddin).



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  • immique
    07-01 04:22 PM
    online petition is a very good idea. it is bound to gain increased attention as we make our views clear. having country quotas/limits in EB system does not make any sense. if not addressed quickly the people from retrogressed countries have to wait 15-20 years before they can ever see their green card while applicants from other countries get their green cards in a few months.





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  • mheggade
    07-18 04:17 PM
    I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.


    vdlrao,

    I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
    If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.

    The break up of outstanding I485 looks like this

    India :- 64k
    China :- 47K
    Mexico:- 47K

    As per my calculation Eb3 India do not have good outlook.



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  • Legal
    07-04 08:40 PM
    I dont think lost GC numbers can be revived, After a Fiscal year is over the GC's are dead.

    new legislation is needed to change that.





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  • rb_248
    04-09 07:26 PM
    No change. Wohi purani kahaani. Old wine in new bottle.


    Old wine tastes good. Does this VB tastes good to you?



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  • javadeveloper
    12-11 12:33 PM
    Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.

    Compare that with US consulate and DOS VISA bulletin and GC process...

    Agreed





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  • retrohatao
    02-14 10:23 AM
    eb3_nepa,
    FBI/Name check clearance is not a sub-issue. I have posted the link where you find tons of people waiting to get 485 cleared. See the linkif you need to understand the issue
    http://immigrationportal.com/showthread.php?t=174845
    It is not a sub issue and it is part of the green card process. I lament ( for lack of an apt word) your compariosn of name check to spouses not able to work.

    You will realize how big a problem when you reach there.

    Logiclife,
    This forum has started recently and did not address "name check" as an issue. Its one of the burning issues for many of us ( most likely will impact all those who just want to clear the hurdle of labour clearnace). Believe, I was stuck in labor for 2 years ( due to Bush adminstration's decision to leagalize illegals) and I really thought that labor was the only hurdle. Atleast you could contact USCIS to track your progress. Now I am stuck in security clearance AKA name check. Now I am in totallly in darkness and nowhere to check what is happenning. FBI used to repond to e-mails( 6 months wait period)/phone messages two years ago.Now they have totally stopped it.

    There are many like me and it is not just individual cases. Even at the bottom of my heart I feel those who are in labor stage whom you are representing should not have to face it. But the be realistic and I would see 80% of those in current labor would get stuck at this name check process unless some measure are taken by us.
    Good luck if you guys think it is a "sub issue"





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  • vghc
    07-03 11:23 AM
    The point is to not 'distribute pain', it is to reduce the pain of a group.

    Again, even though the benefits may go to one 'group', let me tell you that it is not a formal group and just as all ROW applicants are not one group, non-ROW applicants too are individuals and IT DOESN'T MATTER TO ONE INDIVIDUAL HOW MUCH OTHERS GOT BENEFITED.

    So your point of saying that one group is benefited is irrelevant, because GCs aren't given to groups and only to individual applicants.

    Your other point is absolutely right! Family should not be counted, and I'm in 100% agreement with that!

    I am sure if the EB GC's goes to the principle applicant we all won't be in this bad of a shape. Its because of the addition of wife or kids, the number pool dries up faster. So if one wants to petition of elimination of country quote under the notion that EB community is needed because of our skills, take out the family members, then it makes sense, if not, don't. My 2 cents.





    xyz2005
    07-18 10:37 AM
    Its getting dicey here

    My attorney says so far I have not received your rejection but not to say USCIS might have mailed one and we have not received it. If we get it then we will resubmit..if not then you will get receipt notice.

    He did not address whether we will be able to retain our July 2nd queue number or not.

    We all should be worried now.! Don't know what to say or recommend.





    imconfused
    07-09 04:16 PM
    I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.


    __________________
    Not a legal advice.



    legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...



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