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  • hydboy77
    08-19 09:57 AM
    The realistic answer is no. It is almost impossible to get eb2 in software jobs. On an average it is taking more 9 months to get labor clearence that too if it is eb3. if you are trying eb2 that is almost a definite audit. We have a case in our company which was stuck in audit (eb2) for more than an year now. our company and attorney have a policy that they are no longer filing eb2 (offcourse it is a different matter than they are no longer filing any green card application because of layoffs). So unless you are working for a desi "con"sultant company not many american companies (almosy none) are filing eb3 green card perm applications leave alone eb3 to eb2 conversions. Even desi companies are scared shit because USCIS is knocking the living daylights out of them. Even desi companies are scared of filing eb3 green card perm applications leave alone eb2.

    we are living in a different age now where there are reports that USCIS is sending out invistigators to look into even ac21 cases. Enforcement has gone up, hint :last year h1 got filled on day 1, we are almost 6 months since h1 opened and only 45k h1 have been filled, the reason is USCIS is giving all sorts of rfe, so nobody is filing for h1. Forget about porting as in this environment you will not even find somebody doing eb3, only day dreamers will think of some company willing to file eb2 in software.

    My wife has more than 5 years of US experience and we cant even get her employer to file Eb3 because they are saying they are getting tons of resumes in response to advertisement and they dont want to do any green cards for atleast an year.

    As slim a chance as it is, visa recapture or some administrative fix like a temporary green card or relaxation of ac21 regulations like same semilar job restrictions is our best bet.


    Hi All,

    I am on H1B from 1998, 12th year and counting.

    I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.

    I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.

    I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.

    I think that the dates for EB3 will not move any further in any near future.
    My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.

    Please advice.

    Thanks in Advance.





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  • hari_babu22
    11-12 01:42 PM
    Guys I had posted this yesterday IV is a non-profit. Check the video below - there is nothing to hide:
    Immigration Voice funds disclosure on Yahoo! Video (http://video.yahoo.com/watch/234998/1863489)

    The fact that IV is helping Donors is because all its activities are only possible because of Donors, and we are still short of funding. If this was for all for free, then no campaign could be acheived.
    And believe it or not , we get a lot of spam and rogue users visiting IV.

    BTW I am not in IV management

    We need you and a lot more to join. I can't believe you cannot trust IV a non-profit organization with even $25

    I know Immigration voice is not for profit organization and it is doing a great job.

    My intention is not to belittle IV, my intention is just to express my opinion as a user, most of the problem will be solved if the links are not shown to non members if they are not allowed to see the content.

    I just saw your post in YouTube, it is very informative.





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  • kumarc123
    11-24 06:34 PM
    Ok, let us be united. Let us work on getting USCIS to follow the letter of the law. What is it you ask? It is that the Visas be spilled over as required by the law. It is nothing to do against EB3 or EB2. The visa spillover suggests that the overflowing visas be issued to the most critically retrogressed queue (upon satisfaction of per country limits). Does it help Eb3 or EB2? Both, whenever there is a longer queue, that line is able to move forward.

    Right now it is EB3 which is reeling under the incorrect implementation, and EB3s want to see it rectified, while the EB2ers demand Unity (knowing well that they stand to lose -- what was never theirs), I would not be surprised that EB2 raise the loudest voice of action (and no talks about unity) had the tables been turned.

    So you see why I think the message of unity sounds so hollow.

    Well hollow or shallow does it help you?

    hmhmh =------- NO!

    Stop questioning EB2 or EB3, they both represent EB community. Yes you maybe right about people thinking about EB2 faster thatn EB3,

    But have you followed the bulletin lately?

    And the ways things are going, do you really think EB 2 will clear fast and then EB3 will gain a faster movement?

    Golden Answer? NO

    Whether you like it or not, we need each other, the impact is always greater when the intensity applied to it is greater.


    You can keep thinking about how hollow you and I are, but the fact is we both need each other. Everyone see's us as EB community, not as EB2 or EB3,

    Most of those Morons don't even understand the difference between H1b and green cards,


    So get yourself to think EB community as a whole, not EB2 or EB3, or who benefits first?





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  • Vish
    09-24 01:18 AM
    I joined this club.

    My status shows case recieved and its pending, but for my wife, its this status despite the fact that we she got her fingerprinting appointment.

    I have appointment with my attorney tomorrow to discuss this. Will update with what she says.



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  • iviviv
    10-09 01:09 PM
    A friend told me about the E category visa for Australian nationals. Is this true?

    According to him, if you become an Australian national, you can use the E-visa.

    Has anyone migrated to Australia and returned to US successfully on a E-visa?

    Has anyone also applied successfully for a green card on a E-visa?

    How long does it take to get Australian nationality?





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  • gc28262
    03-16 01:12 PM
    I can't agree more.
    Many IV members post on this forum as if it some desi networking site.
    Today IV is our banner for our Immigration woes. Maybe it is the only one. If anti-immigrants need to know what is happening in our world, they have a single source i.e. IV.

    So whenever somebody posts something on this forum, please be reminded that this forum is a favorite among anti-immigrants too. Every post on this forum is indirectly addressing anti-immigrants.

    Please be wise about what you post on this forum.

    My 2 cents.



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  • masaternyc
    01-23 10:59 PM
    Do u all work in software only???





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  • gc_check
    06-21 03:15 PM
    Contact your local congressman / senator office and explain the erroneous denial of EAD twice and requested to help expedite the renewal this time to get EAD on time and to assist you to avoid financial loss by taking leave without pay. This might work.



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  • nave_kum
    09-14 01:47 AM
    I am a July 2nd filer and my checks cashed August 14th. I got the receipts on August 20th from my lawyer and am waiting for my FP notice. Does anyone know how long does it take to get the FP Notice?

    The avg waiting time is about a month.





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  • pyrosleepy
    12-14 12:55 PM
    I have done many PR applications, please let me know if you need any help when you file your self. I would be able to help you.
    I am just starting the Canadian PR process. Can you tell me how long it is taking right now? Also, do you know if you have to work for the employer if you are a provincial nominee?

    Thanks



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  • TO BE OR NO TO BE
    05-24 12:27 PM
    I just did webfax, all #15, 12 and 14.

    Lets hope for the best.





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  • pappu
    08-31 10:57 AM
    IV Update:

    IV had contacted Lance Kaplan, (speaker today ) as well as American Council on International Personnel he was representing. Here is the testimony of Lance Kaplan.



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  • snathan
    04-09 10:40 PM
    Hello Everyone,

    Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.

    In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.

    As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.

    I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
    I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.

    We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.

    And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.

    After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.

    Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.

    I want to get out of the contract and work with the vendor if Possible.

    Please explain me how can I tackle this problem?

    I would be really very very thankful to you.

    Thanks,
    Uday

    1. You have two hands and two middle finger...just show to him and move on.
    2. Or call the DOL and inform all...and he will be in soup.

    Put everything in e mail or certified mail and pass all those information to DOL and move on.

    You dont have to bother anything else.





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  • saro28
    09-25 10:44 PM
    Car Production ordered. Travel document approved. When will I recieve FP notice? Any idea?



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  • vvr_rao
    06-16 07:43 AM
    Thanks. I finally got the receipt notice yesterday. They gave me a receipt date of May 11th and a Notice Date of June 11

    Now to wait for the EAD....





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  • sixburgh
    04-13 10:48 AM
    Perfect....
    Yes I called the original civil surgeon and the TB test is going to cost $15 only and Xray $40.

    I found the reason I got the RFE.
    I had a copy of the last TB test report.
    That civil surgeon FORGOT TO CHECK MARK the TB test !!!!
    He checked a different section !!!

    I feel bad that I missed to read it!
    I could have rectified the DARN doctor then and there.

    It was during the July fiasco. We were all in a hurry and tensed up.

    Thanks for your update.
    Once this RFE is cleared, I am going to Sue that doctor for expenses!

    I feel sad that people dont do their jobs properly in this ADVANCED country.



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  • hibworker
    03-01 07:39 PM
    Since this is part of your income you will have to pay taxes on it. Your employer would have already deducted some or all of the taxes due via withholding.





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  • anurakt
    10-03 04:50 PM
    Let's send this to MENSA people to get it straight...... My head is spinning...:D No Offense, just take it easy.

    Still Spinning, I tried reading again to put 2 and 2 together.... I need to get an IQ test.





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  • akhichopra
    03-01 07:55 PM
    Thanks for your kind reply. Yes this amount of 40K is what i saved from my salary after my employer deducts taxes via withholding. I am confused because I read that you have to declare any foriegn accounts help while filling for taxes here in US. I made these trasnfers to my dad's account and I dont have any NRI account. I am not sure if I will fall into this category and have to declare all this. Thanks again for your help.





    saketkapur
    09-22 11:12 AM
    Hi
    this is just my thinking but somehow I beleive that no matter how much we try explain our side of the story the issue of immigration whether legal or illegal seems to be an explosive one....so if anything has to happen then it just might happen if there is not much publicity about it. A lot of politicians might support us if it will not create a huge buzz...
    lets see and hope
    regards
    Saket





    uumapathi
    10-07 10:05 AM
    I agree with FaniMiBanana. I do not think any reason one can come up with in any desperate situation is "legitimate" enough to take ones own life in my opinion. Time cures everything. One has to stay positive and focused in desperate situations.



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