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Tuesday, June 21, 2011

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  • meridiani.planum
    04-03 02:09 PM
    Just curious - Have you heard of a case being rejected just because the salary was higher than the original LC ?? (Assuming job title/description are same or similar). I think it will be almost impossible for them to reject just because is higher!! Govt. cannot dictate the upper limit of salaries (in private sector).

    nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.

    For instance see:
    http://www.murthy.com/news/n_porret.html
    Salary Considerations for the New Job
    �MurthyDotCom
    Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.

    From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).

    Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...





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  • mirage
    07-21 04:56 PM
    I have written to USCIS director and Chairperson of the immigration sub-committee in the House Zoe Logfren about the plight of EB3-I applicants, I have metioned it is mainly because thousands of 245I(Asylum) people were given Green cards from this category. There should be some kind of relief for us. More people write her or other congressmen/Senators it will get more attention. As far as I know 90% of the Lawmakers doesn't know about 245 I cases...





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  • GCwaitforever
    01-25 01:02 PM
    I do not know whether this is going to help IV raise more funds or not, which should be the bottom line for every effort spent at this crucial juncture.

    My thoughts on this scheme - Instead of going to outside web sites, we can design a scheme locally ourselves.

    Currently we have member information like EB2/EB3, what stage of GC processing etc ... We can add another read-only field to this information like range of contribution by the member. For example,

    Platinum member > $1000
    Gold member $501 - $1000
    Silver member $251 - $500
    Member $1 - $250
    Non-contributing member $0

    When IV can come up with member, senior member etc ... depending on number of posts by the member, even this categorization can be easily implemented in the database. The exact dollar amount need not be disclosed.





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  • truthinspector
    02-17 12:18 PM
    Is it adequate if we know the case number? I was able to dig out my case number from there.

    A few question related to the database:

    1) Is the received date the same as the date the labor was filed (in other words, the priority date)
    2) The 2005 and after database structure does not have employee name, and there are multiple records found on "prioirty" date, is there any other field that can be verified from other documents like the case number etc? How to nail down to exact record for me?
    3) Is the SOC code the same as what we should be looking for "same or similar" job?
    4) Assuming answer to above Q is yes, from where can we find detailed job duties for these codes?

    Thanks cool_desi_gc, this is a very good tool provided we know how to correctly interpret the data.



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  • americandesi
    11-20 07:05 PM
    My plan is making the following

    Movie - A full length feature with characters that represent our life (includes H1 to GC process) in US with humor

    Documentary - A professional documentary on our issues like H1 quota problems, GC backlog processing etc.



    As most Americans are not aware of employment based GC, I think a professional documentary makes more sense than a full length movie. (I wonder why Michael Moore didn't attempt this before :rolleyes:)

    Portraying the GC limbo of skilled immigrants to Americans on a full length comedy movie would be like explaining Einstein’s “Theory of Relativity” in cartoon to a bunch of ditsy blondes. Infact, a few movie critics who might have vaguely understood the movie would comment like "Two thumbs up for an honest, emotional, funny and deeply moving portrait of ILLEGAL immigration” :)





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  • Refugee_New
    01-07 12:00 PM
    Its really scary for IT folks in India. Read on

    http://www.businessweek.com/globalbiz/content/jan2009/gb2009017_807784.htm?campaign_id=yhoo



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  • fundo14
    04-18 05:10 PM
    my I485

    PD = nov, 2003 , EB2
    RD = 2nd July, 2007
    ND = 6th Oct, 2007
    FP = 1st Nov, 2007
    Name check : still pending
    spouse Name check got cleared.

    latest lud updated : 04/18/2008 ?

    Hi Boogie,

    How do you came to know about the name check status? Is there a way to find out?

    Got a mail from USCIS in nov,2007 stating that our case is transfered to NSC from TSC for faster processing. No update after that except couple of LUD's after FP in Feb, 2008

    Thanks!
    EB3 -India
    PD:Dec, 2003
    I-140 approved, apr2007
    485 filed: July 2, 2007
    AP/EAD approved, Sep,2007
    FP done, Feb, 2008





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  • Steven-T
    January 30th, 2004, 10:32 AM
    How confident can Nikon users be that Nikon can maintain pace in the professional DSLR arena?
    While pros are buyers for high-end DSLR, there are many serious hobbyists and rich individuals (majority?) for that market too.

    What does a MAP $4,500 1D-II meant to me, a long time Nikon loyalist waiting anxiously to switch to Canon? I don't expect to get a 1D-II lower than the MAP price before 2004 year end. If I need the pixs, a $2,600 14MP Kodak 14n is extremely attractive for landscape now. I can opt for a used D1x around $2,000 too.

    For a cost sensitive person like me (not can't but don't), I am NOT getting the 1D-II, and switch, not soon. Am I the extreme minority? George, the manufacturing jobs have gone to China, and more IT jobs are going to India. We are bleeding; come down here and see it yourself!

    Steven



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  • Tito_ortiz
    03-07 01:03 PM
    Hi there,

    What a rationale you are using. So then "kids should not suffer" and then the answer is yes, go ahead and reward those who broke laws with an amnesty. That would make their 19 old kids very soon able to apply for I-485 to bring in their parents as well. The USCIS does not have enough cases left from the 245(i) amnesty to be processed ahead of the legal folks, right? Pump up few more MILLION Dream Act amnesty cases there and let us know how you do. What a slap on the face of those who played by the rules? Moreover, are you going to apply your kindness to the 1 billion of people who want to come here? I agree children should not suffer. How about a feasible solution? Here it is :So why don't you write to the Congress of respective countries these kids came from and make them repatriate their folks and provide government employment and a reintegration program back home for those kids? Yes, that is technically doable. That would solve the situation of their children and more importantly, it would be a clear message that parents should not expose their children to this situation.

    Think about the absurdity of this Dream Act and your line of thought;it just encourages more parents to come here illegally and bring their children here "to suffer", making us, the legal folks and citizens of this country pay for it unfairly. No, thank you! I came here on H1B and my children is not eligible for in-state tuition. If we start playing this game that people who jumped the fence and now can take advantage of it because they were "smart, so it would be time to rename this country name from USA to Mexico. Believe me, I don't think that is going to happen without a good fight though. Trust me.

    Bill Gates did a good job today in his speech. What is fair is fair. Now trying to come up with this Dream Act thing and again we the legal folks would be pushed to the back of the line. You guys don't get it. Every time something goes around, it comes to hurt whoever plays by the rules. Coming from India and other *#&#$ places and being educated and after observing what that freaking 245(i) and other amnesties have done to us, I am surprised you still do not get it. Yes, count on me to write to the US Congress. I will write to denounce this absurd Dream Act and ask them to adopt a fair immigration system to the legal employment base greencard applicants. For the children, I will urge them to adopt the proposed and feasible solution of charging the government of the respective countries to reintegrate and support their own children. Win-Win situation for everyone.

    If you have a perception that I am pissed off, you are a winner.

    Thanks,
    Tito

    Let us get opinion of others on this. Should we write to law-makers to address this issue. Atleast these kids should not suffer. If they have got their most of the education here in US, they should be be given permnent residence before they go to college.





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  • centaur
    June 9th, 2005, 11:23 AM
    from www.kenrockwell.com (http://www.kenrockwell.com) , hope this will help

    There was a problem in the first two of seven D70s I've used. The focus calibration was off by about a tenth of a millimeter. This means that your images will not be focused on your subject, but instead on something somewhat behind your subject. Don't confuse this with the common mistake of having selected the wrong AF area or otherwise pointing the AF sensor to the side of your subject. Nikon of course will adjust this under warranty if it's a problem. With common f/3.5 and slower lenses it's not much of a problem, and at regular shooting apertures of f/8 or so its completely invisible. Some people incorrectly call this the "backfocus" problem.
    On the other hand, if you have fast lenses that alone cost more than the complete D70 kit and you shoot them wide open you ought to check your camera. My $1,700 28mm f/1.4 lens (http://www.kenrockwell.com/nikon/2814af.htm) wide open at f/1.4 was useless on two cameras, but of course OK at normal apertures. You won't see this through the finder. You have to look at the images at 100% on your computer. It's simply the image being focused on something just a little behind where it should have, which is usually invisible if you have enough depth of field, and of course Nikon will stand behind it if it really is a problem. The samples I've used in May 2004 now seem AOK and mine is perfect, even at f/1.4.

    Heck, my D70 focused better than any other camera I've owned, even with my f/1.4 lenses.

    Testing this is simple. Just go make at least a dozen photos with your lens wide open and look at the results at 100% on your computer. See if the camera really focused where it should have. If you haven't done this kind of test before there's the potential that your technique may be off and not looked for it before, but you get the idea. The only concern here is that you need to have the focus be where you put it.

    This miscalibration is the reason some people think their D70 images are soft. They aren't soft; they simply are focused on the wrong thing!

    If your camera is out of adjustment, which I only saw on some of the very first samples, of course it's covered under warranty. If you are crazy, like this guy here (http://dvdhelp.narod.ru/D70_back_focus.html) (look out, it's a slow loading page), you can use a nail to mess it up further and void your warranty at the same time. I don't have this much guts; the D70 has a year warranty and I know your camera isn't that old! On the other hand, I respect his innovative spirit and it's this pioneering spirit which makes him an honorary American as far as I'm concerned. Please use a real Allen wrench to make these adjustments, and remember that Nikon will do it correctly for you for free under warranty and probably clean your camera as well at the same time!



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  • BoonDock
    03-24 12:32 PM
    no love for seven deadly sins ... sadface.

    Haha - fun competition all the same. Good job everyone.





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  • praveenuppaluri
    08-19 09:54 AM
    Roseball, your 2 cents is the correct advice in any other job market. take it from a person going through PERM advertising phase now. its really bad out there and big corporations are not taking any chances.. they are simply asking us to wait, even if it means leaving the country for us.

    for OP, if you can keep your EB3 intact and try EB2 as an option (not sure if it is possible) by all means, try it. but don't jeopardize your EB3 application in this market. right now, I may have to leave the country next year when my 6th year is complete because i couldn't apply for GC before 365 days.

    P.S: I am in mechanical engineering field, may be the market is bad for cases like me. I don't know your case. all the best with your decision either way.

    ..You might as well start it now so you can complete the PERM documentation and advertising phase and file PERM in 2-3 months duration instead of waiting. Thats my 2 cents.



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  • pappu
    12-26 11:21 AM
    So you mean I should not even think of invoking AC21 EVEN after 180 days ?

    Maybe some people had problems using AC21. But at the same time a lot of people do use it. Every person must take the decision after consultation with a good attorney in AC21 matters and after looking at their own GC, Job, career and personal life situations. There are some areas like salary and same or similar job criteria that must be carefully looked at. There is no general answer to the question above. Each person must do what is best for them. It is speculated that a lot of people will invoke AC21 from next month after crossing 180 days and seeing that the upcoming visa bulletins will only push the dates back for countries like India and China. This would certainly frustrate a lot of people who do not see any career growth and may have to decide if they wish to be stuck in the same job for several more years or change jobs.





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  • dentist1
    05-12 03:02 PM
    Good review of previous performance.

    What could be different this year compared to previous years are

    1) DOS seems to make sure no visas are wasted and so may not want to wait for the last 2 months of the fiscal year.

    2) More cases are pre-adjudicated which makes it easier for them to initiate the fall-across/fall-down in July than wait for August.

    3) DOS has been good at not retrogressing the the visa dates further back in the last few months. They either stay where they are or move forward. But not back. This indicates that they are paying more attention and not randomly opening up visas. This means they want to issue visas by priority dates which would need proper planning (to make sure nothing gets wasted)


    All these above factors may influence them to open up in July than August. Again, these are my gut feel.


    Thanks for the information Vin, my question to you is where do you see the dates for EB2 India in July 2010?
    Thanks again.



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  • illusions
    01-18 12:05 PM
    2000-2002 was worst. Who didnt do job search during that time have no idea how it felt like.

    I just came out of school then and it felt like sky is falling on me. Becoming desparate to survive, i went to work in a gas station. The lady owner didnt pay me after i worked for a week saying i am not concentrating enough. Then out of no where i found a technology job that paid 17$ per hour to keep me going and they did my H1 a year later in 2002. It just made me more strong i guess. But, it is a hell of an experience. Most of my freinds went for second masters or PHD to Keep the status.

    I've got to agree with you. I was just getting out of college that time as well. I had a job at Best Buy, and trying to find my first break, and all my senoirs were getting laid off. I finally got an internship at a startup company for $2000 a month, and ever since then the market has been doing good. I really hope it will never come to the way it was back then. But as of now things are doing quite well, there is stilll a lot of hiring going on.





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  • manishcp
    10-08 07:59 AM
    Smaething NO LUD yet



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  • vjone
    04-06 03:26 PM
    HOUSTON: A federal jury has found five people guilty of conspiring to obtain fraudulent work visas for nearly 90 Indian nationals in exchange for at
    least $20,000 per visa, the US Attorney's Office said.

    Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr, 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa, a statement from the US Attorney's Office said yesterday.

    The jury found that Alberto and Bernardo Pena, twin brothers from Brownsville, along with co-defendants had encouraged and induced 87 individuals from Gujarat to unlawfully enter US on temporary H-2B visas, knowing that the Indian nationals did not intend to work for the company that was used to get visas for them.

    The brothers also knew that the visa-seekers did not intend to return to India when their 10-month visas expired, a statement said.

    Pena twins also travelled to India to assist the Indian nationals with the application process and visited and corresponded with the US Consulate in Mumbai.

    Two other co-defendants -- Mack Patel of Ft Worth and Rakesh Patel, a Houston pharmacist -- pleaded guilty for recruiting Indian citizens who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States

    Link : http://economictimes.indiatimes.com/articleshow/4359174.cms





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  • watzgc
    04-22 06:06 PM
    can you please let me know what RFE was about, PM me if you dont want it to be public.Its more than 7 months for me too.

    I just read your message, RFE asking for Contracts and W-2 for last 2 years.
    We replied to RFE still waiting for approval.





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  • jonty_11
    05-22 06:10 PM
    they will have ur recors...and ur I797 application to prove u r legal...

    Its a ironic sattire.....we r all trying to prove ourselves illegal now,





    pappu
    11-13 05:58 PM
    I am a typical EB worker and have all the insecurities of a person working on EAD/H1 in a distant land. Though gainfully employed seeing job losses all around makes me anxious. There is no back up if i lose my job as being on EAD/H1 does not give me any unemployment benefit, no breathing period though i have dutifully paid SS taxes without a break for last several years. With stock market tanking i dread seeing my 401K statement. Selling my House to move somewhere else might be very difficult, if not impossible.

    Any setback on GC would hit me both financially ( money to spend on MTR, pay pricey lawyers , looks for not so cheap health insurance, and biggest of all loose the steady pay check )
    as well as mentally ( to look for a new job, worry about same/similar classification, move to new place, unable to service my mortgage , put up with not so pleasant working conditions etc ).
    I am away from friends and family so no physiological support when needed.

    pls send email with your contact info
    thanks





    satyasaich
    05-24 02:29 PM
    Sent from MO