Monday, June 20, 2011

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  • AuntyDan
    02-12 08:13 PM
    I am in eb3 row, have a job waiting for me in the usa, but i am in england, Have a PD of june 06, am terrified that my job offer will be withdrawn if i dont make some progress soon. Have had job offer for 1 year this week.

    Could EB3 row become current soon.??

    You don't indicate what stage your application is in (LC/PERM, 140 etc.) Is there a reason your prospective employer has not applied for an H1-B so you can start work before you get a greencard? (This is what 99% of EB applicants have done.)

    Assuming they can't or won't, to answer your specific question here is my opinion (FWIW I'm English, EB-3 ROW with a PD of May 2003, on my 8th year of H-1B employment in the USA.):

    My guess is the odds are about 50/50 that some form of immigration reform will be passed by the US government "soon" that would positively affect EB3 ROW. The practical definition of "soon" in this case is by September 2007, which allows time for debate, compromise, Presidential wanking around and who knows what Kafka-esque delays in actually enacting the law.

    IF this happened there is still no guarantee this change would be positive enough to entirely clear the backlog that so a PD of June 2006 might still not to become current by September 2007.

    IF this doesn't happen there is practically 0 chance of any changes that would positively effect EB retrogression prior to March 2009. (After the new government is elected in November 2008 AND then convenes a new session AND then deals with more urgent business than immigration reform.)

    So some (hopefully) practical advice:

    1) If you can get an H-1B now then do so

    2) If you can't get an H-1B start studying for a Masters NOW. This will help you in the long run even if you get your Greencard through EB-3 because higher degrees from the UK are very valued in the USA. And if there is no improvement in EB-3 you at least have a chance at EB-2.

    3) If you have no family ties and just want to go someone in North America you would almost certainly be eligible for permanent Canadian residency. You can just go to their website and fill out a simple, points-based questionnaire online. Then you can always visit the Disneyland from Canada!

    HTH, GL.

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  • GCard_Dream
    01-31 10:40 AM
    From what I understand, once the law comes in to affect, labor substitution will no longer be allowed so desi companies can't sell labors anymore. But the 2nd part of the puzzle was that approved labor will only be valid for X number of days (like 45 days as originally proposed) and I am not sure if this impacts the existing labors or not. 45 days expiration may only apply to new labors but no details has emerged yet so we'll have wait and see when the details come out. If it also applies to existing labors then we are home free because after the expiry date, all labors will automatically be canceled. Well, let's wait the for the fine details to come out first.

    As for you, it appears that as long as your substitution is approved before the law comes in to effect, there won't be any problem. If not approved by that date then it's kind of fuzzy as to what will happen. If you haven't filed already, just file premium and I am sure you'll have your 140 approved before the law takes effect.

    2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.

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  • gc_boy
    04-07 03:58 PM
    now we know the reason for my wife's RFE. They want to prove the validity of her marriage to me. We were married only for few months before we applied for I485 ( july fiasco ). My attorney had asked for few documents. Let us see how it goes.

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  • bestia
    12-05 01:52 AM
    Hi I've been a NC victim for almost 3 years. I have heard all kinds of speculations on the real reason behind USCIS/FBI decision,like the amount of the tax you pay, your political view, your education level,etc. all influence the result. Could that be true or it's just purely a bureaucratic backlog? Something interesting to think about I guess.

    Oh, come on. I think situation is much more simple than that. I wonder if FBI really got ONE bad guy among H1b poor souls. FBI perfectly knows that it's just stupid to suspect a person who lived on same place for years, personally went to fingerprinting, submitted all kinda information about himself and humbly waiting for GC in being some "threat".

    Because of that FBI considers us "low priority", simply - they don't care about us. But the law requires them to check us, so those who got "no match" automatically pass without any human intervention. But those who by some reason "matched" are awaiting for some FBI dude to push couple of buttons on his computer. But since FBI dude will be first considering more important things to do, those couple of "button presses" might take couple of years.

    This is how I see it. If that's true, then ironically if some of H1bs would be involved in drug trafficking, prostitution or would really posses any threat - namechecks would be going really quick.


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  • jnraajan
    03-13 05:35 PM
    Good Questions. Would you be willing to jump into the field and start motivating people to be part of IV and be actively involved in IV Action Items?. Would you be willing to find out what is stopping people from getting involved with IV?. We are always short on Volunteers to work on IV Activities and we definately welcome newbies willing to work for this cause. We have a few highly dedicated volunteers who spend time educating other people about IV, forming state chapters, recruiting members into state chapters, organizing chapter events, raising funds and the list can go on. These volunteers have 24 hours in a day just like everyone else and they have full time jobs, families, careers, schools to attend etc. Would you be willing to go out and recruit volunteers for us?

    Sure. Like I stated before, I have been educating people about IV here for quite some time now. Let me know what needs to be done. If you all can share your experiences, I can work on it.

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  • srikondoji
    06-08 09:45 AM
    Well if we were to carry your reasoning a little bit further ...being a citizen of a country, any country, is only a privilege and not a right as you have to follow the rules and laws of the country.

    The actual difference is in the definition as has been pointed out earlier.....
    "right" - is something you can ask for because you think it is reasonably fair
    "privilege" - is something you are not entitled to or deserve but nevertheless get because someone condescended to give it to you.

    By the above definitions what would would classify getting permanent residence as.... the answer lies in the broader way of how we look at life and live it.
    Do we always live in fear and cower in front of real and imagined threats - the GC is then a privilege.
    Or do we live an honest life - do the best we can - and stand up for what we think is right or wrong irrespective of whether our lives are directly affected or not. The GC then is a right.

    Getting a GC in United States is our dream. Following rules and following laws of the system is all what we can do. We can only highlight the defects in the system and ask for a change.

    We live a honest life not out of fear of getting caught, but because we believe that that is the right thing to do.

    If you are a citizen and stand up for what is right or wrong, then the concerned authorities should seriously look into it.
    But if you are not a citizen and stand up for what is right or wrong, then you may be appreciated for that and receive a thank you note. The concerned authorities may or may not pay attention to your concerns. I may be wrong but this is what i feel about it at this time.
    Convince me otherwise and i will change my thinking.
    In the later case, if you approach authorities in a systematic and professional way and place your concerns like how our immigrationvoice is doing, chances are we will succeed in our efforts.


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  • mpadapa
    09-24 12:01 PM
    This fellow who wrote this might be one of those arm chair critics who just criticizes everything if it doesn't favor that individual. What a moron. I am sure this fellow is clueless about how much effort is put into to make a legislation.

    There has been lot of work done by many IV volunteers just to get a bill introduced. It is so stupid just to trash talk the efforts put in by the selfless IV volunteers.

    All IV members has to be proud that we have been able to get a bill that addresses the GC backlogs. Hey one year back lawmakers were clueless about EB GC issues. Now majority of the lawmakers atleast have an understanding about EB GC issues. It is a matter of time before we succeed.

    The easiest guage for the success of the IV efforts is to see the response U get from the lawmakers when U write to them about GC issues. Earlier U used to get a generic reply about undocumented workers and broken borders, nowadays U would be getting replies that talk about EB immigration. Isn't that an achievement. As a professional aren't U proud that U are give the respect U deserve rather than getting clubbed with undocumented workers. Ask for U'r self? :mad::mad:

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  • nk2006
    04-12 08:41 AM
    Sending my contribution. Thanks everyone for the effort.

    Sent emails to 180 people urging contribution and become members if they are not already. It seems most of members/contributors are people whose GC is stuck currently, why dont we try to tap other immigrants (people who got their GC's but have gone through this process and know what we are talking about). It could be difficult as it does not affect them anymore, but having support from these members might be more effective. From my conversations with many such people they are in-principle sympethetic to what we are doing (but I guess they forget the next moment). We should motivate them to contribute in some way (sending faxes/writing to employers/at least monetary donation). Just a thought.


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  • pappu
    02-02 11:59 AM
    Please see the response that I received from

    The SKIL Bill is a proposed piece of legislation that would increase the
    number of H-1Bs and green cards. It is included in the comprehensive
    immigration bill Congress is likely to consider this spring and will
    hopefully pass in the fall.


    Greg Siskind

    Gregory Siskind, Attorney at Law
    Siskind Susser Bland - Immigration Lawyers
    Telephone: 800-748-3819 or 901-682-6455
    Fax: 800-684-1267 or 901-339-9604
    note the words I bolded in your lawyer's response. :)
    we have to continue to make efforts and not wait for others to hep us get out of this mess.

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  • jonty_11
    11-16 10:56 AM
    we try to mention in our media interviews about us paying all the taxes and playing by the rules, still the anti immigrants pursue this misinformation campaign against us. We will all try to ensure that in every media interview we say that we pay all taxes..
    And lets stop answering back to those hate monger anti immig. people on It serves no purpose for us to boil our blood and reply to those retarded posts.


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  • StuckInTheMuck
    04-30 09:05 AM
    almost 1735 days away from N400.the form looks very long. is there again a long line for it?
    My wait time is as long as yours, so I am not thinking about getting ready for citizenship just yet (lot can happen in 5 years). If the USCIS processing times are to be believed, they are supposed to take between 12 and 15 months to decide on a currently filed application (the server seems to be down now, so couldn't verify the latest status). There may be additional time differences depending on where you are located. And knowing how USCIS operates, backlogs are not unheard of (

    Here is a comforting thought - and someone correct me if I am wrong - but unlike the hectic GC process with all the "inequalities" among various EB categories, naturalization process is a level-playing field where your specific skills do not matter. Everyone is considered equal here, whether you have got your GC via EB, FB or even amnesty route. This makes sense too, considering that your value (to this country) as a citizen rests primarily in your voting right, and someone who can cook is just as good to vote as another who writes smart computer codes (no knock on the cook, my wife is a fantastic cook herself). This is why the "priority date" for your citizenship application is set at 5 years (of continuous residency) from the date printed on your PR card, irrespective of your GC category (the wait is 3 years for those with USC spouse). The only condition that permits some arbitrariness in the evaluation process is in establishing a "good moral character", which makes point #6 in my original list important.

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  • Gravitation
    10-22 01:29 PM
    How about the following:

    Some IO was just playing around at MySQL database prompt. Just browsing without modifying any data... but it was recorded as LUD.
    They were training new IO's and showing them some old applications as examples. And it registered as fresh LUD's.
    They were performing data-mining/archiving on some old apps...I say, unless and until you receive a letter from them, just chill and get back to worrying about retrogression :-)


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  • wait4ever
    08-12 12:34 PM
    :)I have used AIG for my in-laws visit and didn't had to use it. Why can't we add them to our insurance as dependants? Did anyone tried this?
    You cannot add parents to your insurannce specially if it is provided through your employer - the group insurance covers only nuclear family.

    Using any India based insurance is extremely risky - I know a family that went through hell and finally paid $18000 to get urgent care for their mother when she developed some tremors - this was the first time she ever got those and the India guys said it is pre-existing and denied - later the doc in India found out it was a allergic response to the pollen in Vermont. How could that be pre existing ?

    The other problem is with insurance recognition - most urgent care facilities do not recognize the India insurance or at the very least treat it with extreme skepticism - best is to use US insurance in case there are questions atleast you have a local 800 number for the hospital to call.

    These are your parents and this is the US health care system - spend a few hundred more and be safe.

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  • pappu
    04-19 01:51 PM
    long time back I had posted something on ability to pay. look into the archives. Are you currently employed with this company?what is your current wage? what is the size of the company? how long has the company been in business? what has been the income in the past few years? how much cash do they have in bank? Do they have any external funding? how well do you know the owner? How many people have filed for GC in your company?

    Ability to pay is a complicated issue to be answered without knowing all the details. Remember all the data needs to be fully legal (your small time employer should not be saving taxes by using tactics that help him financially but are not right thing to do) and correct and your employer should be willing to help you with all the information. This issue is not difficult to solve. With the help of a good lawyer who knows about the intricacies of ability to pay and takes active interest in your case and a good experienced CPA you can easily overcome it.


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  • tcsonly
    08-26 03:19 PM

    This is not a financial help/grievance forum to discuss about funds transfer problems, or bank reputation. There are many more places for that purpose. If you cannot find one, start one for yourself.

    This forum is meant for discussing US employment based immigration related matters.

    If you still have any doubts, click on the "About us" link on top of the web page and dispel your doubts.

    Admins: Please close this thread.

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  • zoooom
    09-24 01:04 PM
    Take it easy! He vented out his anger for no reason, just forgive him or ignore his ignorance. IV welcomes donations but its for a reason, to maintain such a good portal. May be he dint like this.
    Yeah He is just a frustrated guy (and probably drunk) when he was writing this blog :)....


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  • s_r_e_e
    06-25 06:10 PM
    are there daily limits for ICICILombard in case of hospitalization ? I couldnt find it any where in their site.

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  • gc_aspirant_prasad
    07-10 12:14 PM
    IMHO : To be plantiff, we should have made reasonable bonafide efforts to file.

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  • waitingGC
    02-01 12:39 PM
    These fraudulent people are no better than illegal alliens. I now see why there are so many anti-immigration americans. Shame on these people!

    07-17 12:10 PM
    I don't know why but we tend to be satisfied with lsmall benefits...
    I agree with you "something (EAD and AP) is better than nothing"
    But i bet you will find your self in the same situation of agony and endless waiting for the final Green card.
    I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will painful it is to decide to use them or not..

    What i want to say is that being able to apply for EAD and AP is not the end of the will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.

    I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.

    After you apply for AP its only 1 year H1 increments.

    What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.

    We had a small revolt (peaceful way) and its successful.We dont want to stop there.


    I hope you guys are with me..looking for your comments

    08-19 08:35 PM

    Finally I am a US citizen after being 10+ years in this country. This is one of my biggest fulfillments and it means everything to me. US is just not home anymore for me, it is my country.

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