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  • number30
    05-04 09:30 PM
    Hello Sir,

    While opinions are good and welcome. My requirement is to see the exact INA language.

    I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?

    Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.

    Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.

    I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?

    Thanks

    I spoke with our attorney
    He said
    INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.




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  • GCard_Dream
    12-11 12:38 PM
    Well.. may be that's the dose of reality core team needs to give to its members and that may wake up non-contributing, non-helping, and just log in to check status type of members. Just come out and say that we are too small of a group with very limited resources and influence on the capitol hill and we can't get any of our goals including non-controversial ones passed unless we have at least XXX number of members and X dollars in contribution. At least this will set the facts straight and members won't have a false expectation on some of these non-controversial measures.

    Once that is clear, may be folks who are staying back or hesitating in terms of either contributing or supporting IV in membership increase will realize that it's either time to act or preserve the status quo.

    All I am saying is that may be we should make the reality on the ground and rules of engagement clear to all members/non-members so that they can all set only a reasonable amount of expectation from IV under the circumstances unless something drastically changes like the membership or the contribution.

    So far, we have piggy-backed on CIR and SKIL both of which were to a large extent driven by corporate interest. If you take these realities into consideration, provisions like 485 etc are not low hanging fruits any more, because we no longer have a stool to stand on. Given the infamous intertia of the lawmakers, introducing our own independent provisions will take a lot more than a membership base of around 6-7K, a contributing base of around 2k and a free-riding/blissfully ignorant base of 900k+.
    Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.




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  • GCStatus
    09-16 05:12 PM
    So why doesn't Bharat give you a GC? Funny. BTW everyone is not from Bharat. :D

    Hope you are just joking.

    By the way, i didnt realise we have non-indians here too




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  • kshitijnt
    05-10 12:37 AM
    I can very well relate to your desperation and anger, but please don't react emotionally. The legal or technical fact remains that no-one guranteed us GC and truth of the matter is most of us said "No" when immigration officer asked " do you have plans to settle in State?" So their is no question of equitable treatment.

    . No Sir, I can't say thier is conspiracy as I know of none. As of us doing favor? ... is completly wrong, we all knew what and why we are coming here for. Had we had better choice we would have opted for that. Let's be honest to ourselves.

    That my friend is captilism and welcome to USA. No I am not going to accept, but I am also not going to wave my fist in air and cry in-justices.

    I am sorry to sound rude and know you must be going thru a lot and this news made things worst for you, as they did for all of us. But lets also accept the truth and believe me, things will change .... they will, when? I don't know but they will. Just don't lose hope.

    Until 2005 I did not want to settle here and hence I marked no on my visa application. After 2005, I changed my mind and we had applied twice (me and my spouse) and hence we marked yes on the question whether any immigrant application was filed on our behalf. No we did not lie there. And even if many people did, do you think those who come from Europe or visa free countries mark "yes" when they apply first time? So your point is moot there. Most people from visa free countries come here work here visa free and go back. They never even get asked a question. How come we get fingerprinted, photographed twice, interrogated twice and yet targeted when it comes to GC?

    I am not against capitalism but I am against fighting injustice such as you dont get GC because you were born in India. And yes change will come but if we dont do anything we get nothing.



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  • ragz4u
    05-02 12:38 PM
    I am not sure about that. Most of the EB3 guys have advance degrees (including me) but not necessarily with US degrees.

    I would not agree that most folks in EB3 have advanced degrees. Most do not. They have lot of experience though


    believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree


    I disagree with this too. Here are a few examples
    1) A couple of years ago, when there was no retrogression, most folks did not want to take a chance and thought EB3 was a safer bet
    2) Many Advanced Degree holders from US Univs joined a firm and their GC was applied immediately. But since they did not have enough work ex, they applied in EB3
    3) Lots of scrupulous employers heard about retrogression and were actually very happy. They purposely filed even highly qualified folks as EB3 so that their abuse can be prolonged
    4) Incompetent lawyers who felt they would not be able to prove the necessity of EB2
    5) Sheer ignorance on the part of the beneficiary




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  • permfiling
    12-16 02:11 AM
    Well...I came in 2000 as a student...infact I had more stress in US ...never worked so hard..worrying about everything ...so i would put that I had a good time in india only...as I never imagined that I will be doing hi-tech bonded slavery..play to your mgr/employer's whims ...

    Going to india atleast every 2 years, I see lot of potential and oppurtunities for business...tatas, mittal, infosys are buying companies in US so money is in asia now so you see all US companies flocking to tap Asian mkt. Having said this, I think I am looking back to go to india after couple more years of stay.

    Cheer up as wherever you are, you make your surrounding good....

    At the end, all bogs down to how happy you are !..:cool:

    contributions $500


    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?



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  • akhilmahajan
    02-10 01:04 PM
    Did anyone do their landing recently, after filing their 485?

    Just want to see what kind of question they were askied coming back to USA.

    I am planning to do landing sometime in March. Have a valid H-1B stamp and want to do my landing before my H-1B stamp expires.

    Can anyone let me know what should i be expecting?




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  • tonyHK12
    02-25 04:08 PM
    Contributed another $50 (Transaction ID: 71P262761L0967946)

    Tony, what is the deadline for raising the money?

    thanks indigokiwi. The deadline is end of March, but we would like a large amount of this raised much earlier, since it involves making reservations, booking appointments, for Eg. with the lobbyist.
    We need to raise about $1000 everyday to meet the goal.
    Adding this to post #236

    Admins, some anti is going around giving reds to each post of volunteers and donors from 3 days.



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  • sheraaj
    07-10 10:38 AM
    Hello Guys,
    Looks like this did got some visibility. It does not matter you have won the game or not but getting the message and getting the visibility is important.

    Check wikipedia article (Down below). -- > http://en.wikipedia.org/wiki/Gandhigiri

    "Wikipedia is a free online library with many articles and it is very popular website and gaining popularity every day."

    BTW.. People might argue why are we doing this and Gandhiji did not do this. Gabdhiji clearly stated that Satyagraha can be achieved in any way as long as it is peacefull. We are doing Flower-Satyagraha.

    Thanks to you all. If you did not send then keep on sending. IV has done a very good job by initiating this.

    Regards..




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  • MeraNaamJoker
    08-21 11:02 AM
    Thanx to Libra, skidude, vkrishn, gkattalu, bindoke, andycool ....

    I feel much better. These are trying times for sure.

    Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.

    Buddy,

    This is an ultimate test from above on our patience.

    I waited for a very long 10+ yrs for my process to complete. Will you beleive that during the first 3 yrs of my application all the categories were current. The very next month when my labor got approved it went to retrogression. Before I got greened 2 weeks back, the dates became current for 3 times. I missed all 3 times. Last one was becuase of idiot lawyer (her firm is one of the largest immigration law firms in the entire country) sat on it and did not provide a required paper work.

    After that the wait got extended for another 3 more yrs. finally got it on early part of this month. With the same process I was laid off once. Ported the process out. Then second company tried to ditch me the process. Ran away from their with the process. Got really lucky. From 3rd company I was forced to take a package and leave. Got lucky there too to port the case for a record 3rd time. Filed AC21 with the 4th company. Later filed I 140 again (i don't know why. The lawyer of the cmpany insisted). Got that once also approved.
    Spend almost 38,000.00 dollars in all these various processes. After all these waited for almost another 2 yrs again and finally it arrived.....

    So each story is different. Each has got its own colors. I have worst situations than mine. Just hang in there buddy. Your turn is round the corner. It is on its way.



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  • designflaw
    09-14 01:24 AM
    What do you guys think about ROW EB3? Any chance for them folks or are they SOL as well?




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  • chunky
    09-28 10:28 AM
    Did you noticed any LUD before check cashing as you got receipt from california. I filed on July 20 and no news yet.

    All,

    I just want to share some goods news from side.

    All my checks got cashed today. I applied on July 23rd at NSC and got the receipt #'s from WAC.

    I hope who ever is waiting for RN's they will get soon.

    Thanks,
    -rk.



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  • Cheran
    11-08 08:46 AM
    I am going to complete my 180 days by 1st week of Decemeber. The company I work for, is offering me a Project Manager position. My labor is filed for a programmer. I asked my lawyer and he told me that they sent a email to Florida State Workforce Agency to classify my new position and depending on the reply he tells me that I may or maynot port my labor.
    Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....




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  • coolvigo
    07-02 11:06 PM
    I am all for it. Lets take this from Gandhiji's perspective.....

    We can give flowers to everyone going inside the office.............
    But I guess big question is who is going to do it...???
    not everyone has time and live in the city.



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  • gckabayega
    09-01 07:47 AM
    Wait for a couple of more weeks-- It is on the way. Don't go by the dates USCIS posted. They apparently don't correctly reflect the actual.

    i sent application for me and my wife on july 6th NSC my I 140 was applied in TSC . i am NJ resident. wife took info pass appointmnet as no check cashed, no notice receive. started worrying now. as NSC is updating even new applications no sure if my case was transferred to TSC or not . any body in same boat ? application was signed by R williams in NSC.




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  • feedfront
    08-30 12:34 PM
    I've not seen approval from TSC this month. Good luck to all who are waiting and congratulations to all who got GC this month.



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  • wait4ever
    08-10 11:38 AM
    Do USCIS have the right address on file? If yes, then perhaps you should wait for another week before starting to inquire.

    Folks a quick question -

    Did all of you get the I-485 approval notice at home OR did it go to your lawyer ?

    I know that the card itself come to the home address -

    Thanks




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  • GCEB2
    09-04 11:07 AM
    I actually spoke to Customer service and I got 2 very different responses.

    1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.

    2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.

    I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.

    Best is to check with the guys/gals at Infopass -meeting.

    All this was from the rep at the TSC - so not sure if this is applicable to all centers.

    AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.

    I will post my Infoapss exp on the 9th of september.

    Even I submitted my application to NSC later it got transferred to TSC
    My receipt number starts with WAC-XX-XXX-XXXX
    How about yours...

    I was just wondering are they holding card of WAC..?




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  • stucklabor
    06-26 03:20 PM
    I am sorry stucklabour but a traffic/speeding violation is a misdemeanour and not breaking the law. Being in this country illegally is actually breaking the law. Now i am not going to get suckered into a whole legals v/s illegals debate, but at some level i do feel that undocumented workers HAVE broken the law. Besides the argument that "everyone does it" really doesnt cut it. 10 wrongs do not make 1 right. If you look at the punishment for the 2 things a speeding violation leads to a simple fine, a violation of Visa leads to deportation.



    Umm, Eb3_Nepa, speeding is breaking the law. A speed limit is the law. In pointing out that a speeder is fined but an illegal immigrant is deported, you are pointing out the difference in punishment for breaking the law. The punishment is man's decree, nothing more, nothing less. One could argue that a speeder can cause more harm to society (by driving way faster than conditions permit, for instance) than an illegal immigrant. Yes, an illegal immigrant is breaking the law, but who knows what we would do if we had a bad life and made $1 a day and someone promises a better paying job in some other country. So let us not point fingers here, but focus instead on the value we add.

    You are getting into this discussion late and I have edited/deleted posts, but from my comments you have an idea of what was said. It wasn't productive.

    Santosh_gc, I appreciate your sentiment. It is possible that my argument had a logical fallacy but let us focus on better things and move on.




    obviously
    04-21 06:26 AM
    kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.

    It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).

    Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.

    If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
    It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!

    Sabre rattling might get you out of this one, but the world still remains a small place!




    dixie
    12-15 02:29 AM
    I totally agree - our concern should begin and end with whether our interests are addressed or not. This is not the time to argue and nitpick on what is good for the whole world in the long term - remember, there is no "long term" for us without a GC. Lets be realistic - its a done deal that EB reform if all it comes up, will come with either a generous H1-B increase or illegal alien amnesty or both of them. Its not our job to worry about excessive immigration - the anti-immigrants and their friendly congressmen are always there to raise a hue and cry and dilute any and all pro-immigrant proposals. With them at work, if we ask for a yard we will get a foot, if we ask for a foot we will end up with not even an inch.
    Well, it is not a perfect world. It is not a perfect system. When CIR comes up every group will push for their interests. If u send a mail to any Senator, all u get is a standard reply about H1-B. It will be impossible to educate every ligislator. We have to do the best we can to voice our concerns and go with the tide. We cannot nitpick the sections of the CIR and tell the legislators vote only for these. We just make sure that our issues are addressed in whatever bill comes up.



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