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  • EB2_Jun03_dude
    02-21 05:11 PM
    I-485: EB2 India with PD June 2003

    I was wondering why I am I getting a LUD in Feb 08? (since EB2 India is 'U').

    Now I know why :) it seems USCIS is getting ready for the deluge in April 08' :D





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  • krishna.ahd
    01-30 01:21 PM
    Unpaid bench means you are "Out of Status". Not illegal.

    When you are present in the country after your I-94 has expired, then you are illegal.

    There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.

    Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.

    If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)

    About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
    Very well said locilife (about the things guaranteed in life)
    Double (triple??) check about the desi consulting compnay and their ability to get you the project.

    Good Luck.
    Krishna
    "When the going gets tough, the tough gets going"





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  • tikka
    07-02 08:20 PM
    I put in $100 today to fight for our cause

    for your contribution:)





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  • logiclife
    01-26 03:50 PM
    Please mention details of your issue since most of members here are either in the labor black hole or under EB retrogression waiting to file for I 485. If you know something and if its WIDESPREAD and affects almost all applicants, please mention it here in details. We can include that in our agenda so that we dont have to fight for those issues when we do file for 485 in the future.



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  • sodh
    07-23 04:02 PM
    Don't get confused between employer verification letter and employment offer letter, the ammendment was a suggestion ask some professional.





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  • royus77
    08-10 09:10 PM
    If you are trying to open philosophical topic I suggest we do it in a separate thread, because that debate will be a very long one.

    BTW do you know the deal with the bees? Bees are just insects, right? But did you know that you are living here on this earth because of them? If the country is filled with geniuses then what is the worth of genius? Therefore dont compare humans in this way



    Most of the Eb3's are either working for big companies who won't do GC in EB2 or not qualified for eb2 ( so called 3 year degree ) and enjoying all these years when they know clearly eb3 is not going any where ...what in the world prevent them to move up the ladder and porting their PDs ...They dont want to take any risk and just show their frustation in internet forums

    As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."



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  • nixstor
    03-18 06:53 PM
    Now for the rest of this year the EB2 queues for China and India are merged. Visa allocations will be solely based on Priority date. So for example if India has many priority dates that are before China's, India may end up getting more visa allocations. The same holds true if China has earlier priority dates than India does. That's how I inderstood it and I thought I would try to explain it to some who did not. Otherwise sorry for stating the obvious.

    Read the Sec 202 a 5 I posted in 1st page and corresponding links. It clearly says that the left over visa numbers under each category in every Q can be assigned with out country limits. Is there any one who is reading it other wise (or) Is there any text in the bill I am possibly missing?





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  • vandanaverdia
    09-11 12:04 PM
    Help IV help you...
    Come to DC....
    Lets join hands & lets be heard!!!!
    GET UP!!!
    STAND UP FOR YOUR RIGHTS!!



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  • amsgc
    02-04 02:12 AM
    See response below.

    Folks,

    I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.

    But, there are a few questions that I am not convinced myself:

    1. why remove per country quota just for EB, why not family based immigration as well?

    => Unlike family based immigration, Employment based immigration is based on the expressed need of US businesses for skilled labor. The position filled by EB based immigrants are first advertised in the local market, and if a US Citizen or LPR is not found with the requisite skills, only then is that job offered to a foreigner with the requisite skills. This means that the foreigner is needed by the US business to perform services on a permanent basis. In essence, the US gets a well trained and experienced foreign worker who is able to contribute to the economy on the day he gets his Green Card. It is very important to note that this job offer is made solely on the skills, education and experience of the foreigner, and the need expressed by a business. Also note that these individuals constitute only 14% of total immigration.

    On the other hand, there is absolutely no information on how an individual who comes in through family based immigration will be able to find a job, and start contributing to the economy. I am not saying that these individuals are incompetent, only that there is no data on how they will fit in. If you look around you, you will find that most people who enter the US through family based immigration lack language skills, are much older, and find it difficult to start over and assimilate in a new country. Many end up doing odd jobs which can be really frustrating for them. Since there is really no business need for these individuals in this country, and because they are whopping 86% of all immigration, a cap on family based immigration does make sense.

    You also need to understand the other important difference – most EB folks have already assimilated into this culture – they have been here for several years, worked a couple of jobs and in many cases attended US graduate schools.



    2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.

    => The result of removing per country limits will be that every individual will be given an equal opportunity to immigrate to the US based on their skills, education, and the specific need expressed by a US business. It will be a system where everybody gets in one line - first in, first out. Some will say that the current system is fair because every "country" gets a fair chance. But that is just and attempt to mislead. The "country" does not file a petition to immigrate; it is a skilled individual who files a petition to immigrate based on his skills, education and his requirement in the US.

    Regarding numbers - I will give you a simple example. My GC process was started 3 years ago. My co-worker, who is from a non-retrogressed country, started his application last year. We both applied in the same category, and work in similar positions. We also have similar skills - US MS in CS. Because of the country caps, my application is still pending, whereas he already got his GC. If the country caps were removed, my wait time would have reduced by a year, his wait time would have increased by a year - we both would get the GC after waiting approximately the same amount of time. It would have been a first in, first out system. But it is not so, and it needs to be fixed.

    Like you, we all care about the USA. I assure you that it will have only a positive social and cultural impact on the US. Why? Because removal of country caps would lead to a system that is based solely on merit and hard work. Isn't that what this country is about?

    Regarding diversity – the individuals from retrogressed countries are already here, assimilating into the American fabric. Whether you give them the GC now or ten years from now, they will still be here - it will not change the ethnic character of this country.

    3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?

    => This is not a paradigm shift. If you open your eyes and ears you will find hundreds of organizations set up across the US to educate and influence lawmakers about policies that should be put in place to better serve this country.

    When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman?

    => Once you begin to feel the pain, you will understand. Perhaps you are new to the system, and are hoping that it will get better. It will not be long before you will suddenly find that a good number of years have gone by just waiting.

    We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.

    => I am not sure where you get that EB folks are snobbish. It is not our issue - so whatever FB folks decide, it is up to them. Also, nobody said USA needs more EB folks, US businesses need the EB folks for whom a petition to immigrate has been filed and approved. Get the difference?


    That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help.
    => You just contradicted yourself. A few sentences ago you seemed to imply that you really did not understand what could be gained by removing the country caps.


    At the end of the day human life is human life even it is it Indian.
    => Really don't know what you are trying to say here. Anyway, if you feel the need to respond to this message, please do so after updating your profile.





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  • Vsach
    03-16 09:58 AM
    Can we get rid of this "sick" person from the forum!!:rolleyes:



    dudester,
    I work for a REAL big company and have a REAL good job. Don't get worked up you might get a cardiac arrest. :)

    And, please, gimme a break. H1B = high skilled? ya right.............keep living in your dream world buddy.........good for you. Most H1Bs, according to PUBLISHED research, earn less than $50,000.

    Freaking diploma holders from India get an H1B easily...........you think the monkeys who work for the outsourcing firms in India are "highly-skilled" ??
    :p

    Dude, IT and software are low skill jobs..........wake up and smell the coffee. Your saying "highly skilled" and holding up a placard won't change that reality. No one wants any more low skilled EB3 types in this country anymore. They are found dime a dozen.

    If your highness is so highly skilled, how come you are stuck in the EB3 queue and whine to get into EB2 ???

    Yes i AM selfish..........you got a problem with that?



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  • frostrated
    09-09 03:09 PM
    For those of you thinking that EB3I will move forward once EB2 becomes current in the next year or so, please think again.
    There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
    As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
    The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
    I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
    If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
    Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).

    Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.





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  • onemorecame
    10-18 12:38 PM
    yes they received RFE and status changed to "Response Review"



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  • desi3933
    02-03 07:15 AM
    Here is the text under the attachment section

    The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.

    PD Mar 2002
    485 RD SEP 2007

    Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • jfredr
    04-20 01:57 PM
    I recently joined the forum with $20 Contributions.

    my story is also same as many of u . Stuck in

    Retrogression

    thanks



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  • vandanaverdia
    09-12 08:35 PM
    Guys,

    Good to know the weather will be good, but even it is not, the spirit shouldnt die. I wish all realize this. I hope the weather is horrible and we all still make it to make the voice heard louder.,

    Sri..

    Hey sri: Are you hoping for horrible weather because you are not attending the rally??? Your public profile says you are not attending the rally????
    Come rain or shine... You should be with all of us in DC!!!

    GO IV!!!





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  • gclabor07
    06-14 09:04 AM
    Everyone should do it. It was easy.



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  • dummgelauft
    03-12 10:10 AM
    To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.

    Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..

    This will achieve the following:
    (1) Assured, stable fund collection for IV activities
    (2) Only genuine IV supporters will sign up.
    (3) To some extent, may be, will keep antis away (this is not assured, but may happen)

    ...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...





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  • zuhail
    03-10 11:25 PM
    Hello,
    I really think that if we just pursue aggressively on one and only item: Recapturing visa numbers, we would succeed.
    The moment you add anything to the bill that is to related to H1B revaildation inside US, eliminating per country quota limits or filing I485 when the dates are not current etc, the bill would be definitely doomed. Strictly no mention of anything else in the bill.

    Also most importantly the visa recapture efforts have to be concentrated for the Employment Based Categories ONLY. If we include the Family Based Category, we would lose the debate due to current high unemployment rate.

    I think that this is the only way to solve the retrogression issue -- to focus on only re-capturing visa numbers for use in Employment-Based Categories for educated foreign born professionals already employed in US.

    I sincerely hope that IV administrative team considers this item seriously and assign the highest priority and start fund raising immediately.

    By the way as for Mr.coopheal, I am not sure how updating my personal profile with all the filing dates accurately would matter at all for our discussion. Who gives a rat's ass about my filing dates anyway?.





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  • tushar123
    02-13 09:20 PM
    Dude you pay taxes for all the facilities that you are enjoying in this country.... nothing is free here.


    No one asked anyone to come to this country. But when we came here few years back, we were told that there are set of procedures in place to get green card. Congress never intended to make people for 10 years to get their green cards. So no one asked us that wait for 10 years either. But we paid taxes for all those 10 years. And my tax $$$, government has decided to bailout banks telling them not to hire me. Again, no one asked me how they will spend my tax $$$ just like no one asked me to come to this country.

    Sense of entitlement comes from sense of connection and sense of what we deserve. I am entitled to permanent residency because my wife and I have paid around 1/2 million in taxes in last 10 years, more than 99% of ALL AMERICAN FAMILIES. So don't tell us what we are entitled and what we are not entitled for, because that's ridiculous.


    .





    h1techSlave
    04-04 10:41 AM
    I agree with the suggestion. As Murthy has written, the maximum effect is when individuals directly contact the senators and explain to them about the hard comings that we face. We could write to individual senators (e-mail would suffice) explaining about our predicament and the benefit to the American economy and people, if EB numbers are increased.

    H1techSlave





    gc_chahiye
    12-21 12:54 AM
    He did not pay you. Thats all. don't worry about it. Even I know people who got GC's even with a real degree I mean completed degree even from INdia. Its all LUCK.

    unfortunately even if the employer screwed up, if an employee in H1-B does not get paid, he is out of status and pays the consequences. Does not matter if employer stopped paying suddenly or whatever else...

    the OPs travel outside US and back after this out-of-status is what has 'saved' him in this case, since the out-of-status clock got reset with that re-entry. Also, 180 days of out-of-status past your last re-entry is forgiven. This might still come up in an interview, but cannot be grounds for denial from what I know.



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