Friday 17 June 2011

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  • AllVNeedGcPc
    04-17 09:44 AM
    Enjoy these moments.

    Please when ever you get some time can you answer couple of my questions.

    1) Where do you send emails to "NSCFollowup and EBUpdate"? Please can you PM me these email addresses?
    2) Do we need a separate explicit official Interfile Request, even if original PD and A# have already been retained in new 140?

    Here's my journey so far.

    1. Initial labor
    a. Filed - July 19th 2003 (4 years BE Software Engineering and 2 years Masters Computer Science in US) Filed as Software Engineer
    b. Approved - June 2006, but BEC put NOC as Mechanical Engineer. Took a year to get it fixed back to Software Engineer

    2. EB3 I140 (NSC)
    a. Filed - July 2nd 2007
    b. Approved - 2008

    3. I485 (NSC)
    a. Filed - July 2nd 2007
    b. RFE - April 2009 (EVL for me and visa history for my wife)

    4. Perm
    a. Same Fortune 500 company for 10 years (By 2010, was promoted multiple times and moved to a different role)
    b. Filed - Oct 2010 (No experience used only MS)
    c. Approved - Dec 2011

    5. EB2 I140 (TSC)
    a. Filed - Jan 2011, Premium Processing
    b. Approved - Jan 2011 (original A# and Priority Date retained)

    6. Interfiling
    a. Feb 2011 - Created a SR requesting the status of I485. Got a reply saying the category my 485 was applied is not current yet
    b. Feb 2011 - Lawyer said that as my old A# and PD was already used on new 140, so that means that it has automatically been interfiled, now we do not need to do anything. But said will still send a reminder
    c. March 2011 - Went for an Infopass Appointment (Useless in my opinion too) They said as your 140 is in TSC and 485 is in NSC that is why its taking time and they don't know how much more time will it take
    d. April 2011 - Contacted Senator and got a reply that they have contacted NSC and will let us know their response as soon as they get one
    e. Waiting again...


    I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey

    1. Initial labor
    a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
    b. Approved - August 31 2006

    2. EB3 I140 (NSC)
    a. Filed - October 11 2006
    b. Approved - April 6 2007

    3. I485 (NSC)
    a. Filed - July 19 2007
    b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)

    4. Perm
    a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
    b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
    c. Approved - Feb 15 2011

    5. EB2 I140 (TSC)
    a. Filed - March 9 2011, Premium Processing
    b. Approved - March 21 2011 (A# and Priority Date retained)

    6. Interfiling
    a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
    b. March 29 2011 - Lawyer sent the official Interfile Request
    c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
    d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
    e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
    f. Waiting on the physical cards to take a long break :)

    Wish the very best to everyone else waiting on the GC line.





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  • pappu
    08-12 10:55 AM
    Senate Passage of Border Security Legislation

    August 12, 2010

    Today, I come to the floor to seek unanimous consent to pass a smart, tough, and effective $600 million bill that will significantly enhance the security and integrity of our nation’s southern border—which currently lacks the resources needed to fully combat the drug smugglers, gun-runners, human-traffickers, money launderers and other organized criminals that seek to do harm to innocent Americans along our border….

    The best part of this border package, Mr. President, is that it is fully paid for and does not increase the deficit by a single penny. In actuality, the Congressional Budget Office has determined that this bill will yield a direct savings to taxpayers of $50 million….

    The emergency border funds we are passing today are fully paid for by assessing fees on certain types of companies who hire foreign workers using certain types of visas in a way that Congress did not intend. I want to take a moment to explain exactly what we are doing in this bill a little further because I want everyone to clearly understand how these offsets are designed.

    In 1990, Congress realized that the world was changing rapidly and that technological innovations like the internet were creating a high demand in the United States for high-tech workers to create new technologies and products. Consequently, Congress created the H-1B visa program to allow U.S. employers to hire foreign tech workers in special circumstances when they could not find an American citizen who was qualified for the job.

    Many of the companies that use this program today are using the program in the exact way Congress intended. That is, these companies (like Microsoft, IBM, and Intel) are hiring bright foreign students educated in our American universities to work in the U.S. for 6 or 7 years to invent new product lines and technologies so that Microsoft, IBM, and Intel can sell more products to the American public. Then—at the expiration of the H-1B visa period—these companies apply for these talented workers to earn green cards and stay with the company.

    When the H-1B visa program is used in this manner, it is a good program for everyone involved. It is good for the company. It is good for the worker. And it is good for the American people who benefit from the products and jobs created by the innovation of the H-1B visa holder.

    Every day, companies like Oracle, Cisco, Apple and others use the H-1B visa program in the exact way I have just described—and their use of the program has greatly benefitted this country.

    But recently, some companies have decided to exploit an unintended loophole in the H-1B visa program to use the program in a manner that many in Congress, including myself, do not believe is consistent with the program’s intent.

    Rather than being a company that makes something, and simply needs to bring in a talented foreign worker to help innovate and create new products and technologies—these other companies are essentially creating “multinational temp agencies” that were never contemplated when the H-1B program was created.

    The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a “consulting fee,” and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects.

    Don’t take my word for it. If you look at the marketing materials of some of the companies that fall within the scope covered by today’s legislation, their materials boast about their “outsourcing expertise” and say that their advantage is their ability to conduct what they call “labor arbitrage” which is—in their own words—“transferring work functions to a lower cost environment for increased savings.”

    The business model used by these companies within the United States is creating three major negative side effects. First, it is ruining the reputation of the H-1B program, which is overwhelmingly used by good actors for beneficial purposes. Second, according to the Economic Policy institute, it is lowering the wages for American tech workers already in the marketplace. Third, it is also discouraging many of our smartest students from entering the technology industry in the first place. Students can see that paying hundreds of thousands of dollars for advanced schooling is not worth the cost when the market is being flooded with foreign temporary workers willing to do tech-work for far less pay because their foreign education was much cheaper and they intend to move back home when their visa expires to a country where the cost of living is far less expensive.

    This type of use of the H-1B visa program will be addressed as part of comprehensive immigration reform and will likely be dramatically restricted. We will be reforming the legal immigration system to encourage the world’s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but will discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers.

    Nevertheless, I do wish to clarify a previous mischaracterization of these firms, where I labeled them as “chop shops.” That statement was incorrect, and I wish to acknowledge that. In the tech industry, these firms are sometimes known as “body shops” and that’s what I should have said.

    While I strongly oppose the manner in which these firms are using the H-1B visa to accomplish objectives that Congress never intended, it would be unfortunate if anyone concluded from my remarks that these firms are engaging in illegal behavior.

    But I also want to make clear that the purpose of this fee is not to target businesses from any particular country. Many news articles have reported that the only companies that will be affected by this fee are companies based in India and that, ipso facto, the purpose of this legislation must be to target Indian IT companies.

    Well, it is simply untrue that the purpose of this legislation is to target Indian companies. We are simply raising fees for businesses who use the H-1B visa to do things that are contrary to the program’s original intent.

    Visa fees will only increase for companies with more than 50 workers who continue to employ more than 50 percent of their employees through the H-1B program. Congress does not want the H-1B visa program to be a vehicle for creating multinational temp agencies where workers do not know what projects they will be working on—or what cities they will be working in—when they enter the country.

    The fee is based solely upon the business model of the company, not the location of the company.

    If you are using the H-1B visa to innovate new products and technologies for your own company to sell, that is a good thing regardless of whether the company was originally founded in India, Ireland, or Indiana.

    But if you are using the H-1B visa to run a glorified international temp agency for tech workers in contravention of the spirit of the program, I and my colleagues believe that you should have to pay a higher fee to ensure that American workers are not losing their jobs because of unintended uses of the visa program that were never contemplated when the program was created.

    This belief is consistent regardless of whether the company using these staffing practices was founded in Bangalore, Beijing, or Boston.

    Raising the fees for companies hiring more than 50 percent of their workforce through foreign visas will accomplish two important goals. First, it will provide the necessary funds to secure our border without raising taxes or adding to the deficit. Second, it will level the playing field for American workers so that they do not lose out on good jobs here in America because it is cheaper to bring in a foreign worker rather than hire an American worker.

    Let me tell you what objective folks around the world are saying about the impact of this fee increase. In an August 6, 2010, Wall Street Journal article, Avinash Vashistha—the CEO of a Bangalore based off-shoring advisory consulting firm—told the Journal that the new fee in this bill “would accelerate Indian firms’ plans to hire more American-born workers in the U.S.” What’s wrong with that? In an August 7, 2010 Economic Times Article, Jeya Kumar, a CEO of a top IT company, said that this bill would “erode cost arbitrage and cause a change in the operational model of Indian offshore providers.”

    The leaders of this business model are agreeing that our bill will make it more expensive to bring in foreign tech workers to compete with American tech workers for jobs here in America. That means these companies are going to start having to hire U.S. tech workers again.

    So Mr. President, this bill is not only a responsible border security bill, it has the dual advantage of creating more high-paying American jobs.

    Finally, Mr. President, I want to be clear about one other thing. Even though passing this bill will secure our border, I again say that the only way to fully restore the rule of law to our entire immigration system is by passing comprehensive immigration reform….

    The urgency for immigration reform cannot be overstated because it is so overdue. The time for excuses is now over, it is now time to get to work.





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  • gc_check
    01-07 02:45 PM
    Finally, BOA approved your loan or not. I am in exact same situation as you & they have denied my refinance.
    No, I was not successful in getting loan approved from BOA last year when I was looking for re-fi. I was too busy with work and other issues and had less time to follow-up and trying to convince/educate them on EAD,etc.. and wasn't sure, If I could. Since mine was a re-fi and the current loan is already in a better rate, I did not take the effort to purse further.





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  • wandmaker
    05-23 12:52 PM
    ^



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  • cooldude0807
    11-26 11:22 AM
    Which means that EAD is much safer than H1b. Then why are Attorneys insisting on the opposite (H1b against EAD?)

    If this is confirmed news, i will revisit my blog and make changes

    __________________________________________________ __
    I think they prefer for us to be on H1 rather than on EAD because its easy to travel in & out of the country if you are on H1. If you use EAD then one has to use travel doucments which technically is to be used in an emergency. This is just my opinion!!





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  • yoda
    09-13 03:00 PM
    Sent this to Boston Globe and the largest TV Channel of NH (WMUR Channel 9)



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  • Green.Tech
    05-27 02:49 PM
    No contributions at all!

    Come on folks, contribute!!!





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  • santb1975
    06-02 09:35 PM
    This is Great

    Contributed $100 for June
    Receipt ID: 47W850****



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  • pmpforgc
    03-05 10:42 PM
    For all the replies to my post. I understand that there are many others in the same situation I am in, who can understand and feel the injustices of this process.

    I understand that we made personal choices and we have to take responsibility for our actions, if something is clear is that h1-B is a NON-EMIGRANT visa. I just wish there was more transparency from the USA government when it comes to apply for PR through employment. The backlogs and collapse of the system, only reflect the lack of interest in solving the problem which in my opinion it's also a reflection of the lack of interest in having any more skilled professionals coming to the US.

    Most of the participants in this forum are from India. I appreciate your insights and wisdom, you are well known for being spiritual people who work hard through hardships in life. Many of you have left here important advices and I am grateful for that.

    Personally I have done my best to live a life outside this green card ordeal. I have moved on trying to live a normal life without being obsessed with this problem, but as most of you know, reality hits quite often and we are reminded of the limitations that our legal position imposes, more often than not.

    I am only regret the rude comment of somebody who replied saying " Give up something you don't have? Live a life". It's true I don't have anything to give up and that is the sad part of all this process. I have invested thousands of dollars from my own pocket, gone under distress and suffered the unfairness of the system in exchange of nothing. Yet.

    Thanks for your feedback, and good luck to all you. I hope that someday in the future people from my country, or any country for that matter, wont be forced to leave their families and friends behind because of unbearable live conditions we face.

    Just wanted to highlight two sentence from your post, which are contradictory. You yourself said we made personal choice. so it is hard to belive any one is forced to immmigrate from their home country and get away from their family against their own wish. That is only possible if you immigrated or came here as minor and your parents/adopters made those choices for you, which you did not like. But as i understand from you posts, you applied your own H1B, so I assume it was not against yours wishes. And also in your first post you already mentioned that when you first came here your family was very happy for you. So I assume at that time no one from you or your family were worried about UNBEARABLE Living Conditions in US that WE FACE?





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  • browncow
    03-12 02:20 PM
    I do not support this donor ONLY idea.
    Also, Day 1, the FOIA initiative had a goal of $5K.
    And without reason, the goal was increased to $10K.

    So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
    stay consistent.



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  • Ind_murali
    09-02 05:56 PM
    Arrived in the US in Dec 1999
    Started the GC process in late 2002.
    Labor filed in Mar 2003 under EB3 category
    Waiting...





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  • singhsa3
    09-11 04:57 PM
    In the past I have led delegations to Washington DC and held several meetings at my state chapter. It is time for new blood to step forward and take the reign of community leadership. Can someone please step to own this? I will support that person in every possible way.



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  • pani_6
    12-16 11:06 AM
    we need to write to Sen Joe Lofgren now more than ever..she will try to push the legal bill..also we need to write to her to compensate for some of the waiting time ...so that it gets counted for the citizenship..at least from when the I-485 was applied..I think we will see some sort of push for this ..my only concern is that we again will get caight with the illegals and our issue will be pushed to the side

    Can some IV members in CA meet Sen Joe..?..and see what the Sen plans to do..

    time for some action now..





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  • ssa
    09-10 04:33 PM
    USCIS currently has no accountability at all. Nor do they seem to have any clue about how many cases they have in the queue. Just see EB2-I dates for all the 12 VBs for the 2008 fiscal year: It started at 1 APR 2004 then retrogressed back steadily till it eventually became "U" just to jump back to 1 Aug 2006 for the last 3 months! Now after one whole year of processing and approving some 20-30K green cards for EB2-I it is starting at 1 APR 2003, a full year back from where it began last year!! Meanwhile they have handed out thousands of green cards to PDs in 2006 when the rule clearly states they have to clear older PDs first! Care to explain, USCIS?

    I know people are sending out mails and DHS-7001 forms on their own but these individual scatter-shot attempts will all vanish in a big black abyss of USCIS bureaucracy and fall on deaf years. Only chance to instill some sense in this adhoc process seems to be if IV as a whole organization takes up this matter with Ombudsman and influential congressmen/senators like Zoe lofgren. IV had been very influential in redressing excesses by USCIS in the past - turing back July 2007 fiasco was no mean feat! Can we have some IV action item from core for this?

    I'm afraid unless we do something about it as a group there is absolutely nothing to prevent USCIS from doing the same outrageous thing year after year with little fear of any retribution. We will all be practically at complete USCIS mercy!

    Finally, I'm nothing but happy for those who got their GCs in this last round of "Lotto drawing" - including those with PD much later than mine - but the prospect of being stuck in a black hole called USCIS year after year scares the hell out of me!



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  • mpadapa
    06-10 12:04 PM
    Yes there was an organization just like IV which was instrumental in getting the AC21 provision. I just don't recollect the name probably IV core folks can provide more details.
    Those time were different economy was booming and the anti-immigrants orgs esp against legal folks were non existent. Moreover EB folks had big uncertainty after 6yr clock on H1 expires. But now it is different, EB folks are busy tracking receipts and are happy with EAD and AP. SO who cares about rallying for a bill/amendment?

    Visa numbers have been recaptured in the past (year 2000, I think).

    Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?

    Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.

    Perhaps we can borrow some of their wisdom.





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  • Jeniya2006feb27INDIA
    11-06 04:03 AM
    I read somwhere that another bill is in que of senete for allowing the reinstatement of schedule A
    is it true? if yes, is there any chance that it will become a bill



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  • andy garcia
    10-01 02:11 PM
    From where did you get 174,968?
    Is there any case where unused FP #'s were captured for EB?


    Recapture of Employment-Based Immigrant Visa Numbers Unused in Fiscal Years 1999 and 2000 Section 106(d) of PL 106−313 provides for the recapture of those EB numbers that were available but not used in FY 1999 and 2000.

    Beginning in FY 2001, those unused numbers (which totaled 130,107) will be made available to applicants in the EB1, EB2 and EB3 preference categories once the annual Employment-Based numerical limit has been reached.

    In FY 2002 they used 28,951 out of 130,107. The rest is history.





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  • rajeshalex
    09-10 09:40 AM
    This is really a bad news especially for those whose PD is between 2004-2005.Its like those who are waiting for a long time are being asked to wait more!!





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  • Openarms
    12-17 11:52 AM
    I think most of the members in this forum updated their data, at least from EB3 India I am sure. If you guys can pull data according to PD from administration console, you should be able get some valuable data to show. I wondered why this has not been done so far??? million dollar question???





    GC08
    06-02 02:57 PM
    Who knows what is going to happen? Look at the mess we have now... who can tell that they are not going to create more mess this time ... esp. for those who stay in the line and wait, wait, wait ... forever!

    I have to agree with what someone on this forum said before... being legal, being patient and being nice does not pay. :(

    Look at the whole immigration debate, all the amendments proposed and all the special interests group... where were we put? Those stuck in the backlogs were never paid attention to.

    Sorry for being pessimistic and negative... but if history provides any indication of the future, it definitely has clearly shows the imcompetence of all the government agencies involved (at best)... at worst, it is a total scam/conspiracy... be it government agencies (have you heard fee increases, wasted visa #s, forever renewals?), employers (have you heard blood-sucking employers), and even some lawyers.

    Don't know about you. But I have lost confidence about the whole green card thing. :(





    chisinau
    08-02 04:27 AM
    Does anyone know the answer wheather they are proceding our DS230 till 17 of August, or next summer we should submit DS230 one more time, and this will last forever???

    My attorney is just useless, maybe your lawers have information about it...
    Or there is a way how we can check the status of our DS230, maybe on-line or by phone?

    All usefull information appreciated!



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