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Its unfortunate that you ask us to UNITE and use 'EB2 elitist protectionism' in the same breath. I am not even going down the road of EB3 'smarter' than EB2 because a reverse argument is equally valid if not more. The law as stated above is what it is - there is a clear categorizaton established by law. If there is a level of frustration with it then a campaign to change it makes sense. However any proposed changes that arbitrarily assigns visa numbers just because 'my HR filed it the way it got filed' then you need to check with your HR and port over to EB2 - if you think your private US degree qualifies you for it. The position determines EB2 or EB3 and I'll leave it at that.

I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.

Seems like You are not waiting for GC for more than 8 years. You have not been separated from ur family for more than 3 years. Thats why you don't agree with EB3-I fight. Look at the PD for last 3 years. EB3-I is stuck in 2001 since early 2005. It has not moved in last 3 years and you are saying People should keep quiet about it. How selfish of you.

I think you will get in less than 2 years. It will not take 10 years. Hang on. Total GC process time from applying to labor to getting GC usually is 4 years. some unlucky people had to wait more than that. But more than 80% fall in to 4 year time line.

but some were lucky people got it quickly because they could cut lines.

Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.

With Sen Cornyn Bill, I do not think PD should be current to file AOS.

Received at Lincoln, NE. Sign for by J.BARRRET at 10.25 AM.

No with love and logic... By the way check your PM. Let me know if I am guessing it right about who u are?
you manage people with a stick ?? :)

Mehul,

Accept my heartfelt sorry for your terrible diagnosis and please see that from the prayers and support of everyone here that yours is an unjust situation. Yet some of us bear this unjust burden.
If there ever was a humanitarian reason to remove a waiting time for your family, it would be this, and I hope while you have a chance to see this is done. We take so much for granted in this life and get worked up over issues that in situations like this seem trivial.
That said, I feel that you have done your part to earn the privilege of your family living in this great nation, I can't help but feel that in a compassionate and just nation such as the USA, your case should get a waiver of the normal waiting times. As you can see from this thread, virtually 100% of us would be happy to let you cut in line in front of us. I would think most Americans are likewise.
You should definitely seek the assistance of a Lawyer to present your case to the USCIS. I think there are some provisions in place for situations such as yours to expedite such applications. A good lawyer will be able to guide you.

[QUOTE=java4yogi;279264]After reading lots of forums contributors, my 2 cents :

a) I think the first thing is ban those people who advise separation of interests or make invidual groups in forums.

As if things happening in india are not enough to divide people on all fronts, a new separation criteria is created here on EB1/EB2/EB3. A lot of us are very creative..wow !!

QUOTE]

Yes, couldn't agree more...

Its amazing how this community reacts to these set backs. For last few months I have been consistently seeing people with EB-3 complaining and pleading to the community to come together and join hands to eliminate the country cap. But most of the words fell of dumb ears. Most of the EB-2 members did read the pleads and requests, but did not bother to take and concrete actions or even comment on it.
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.


You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.

Hello All..
Can anyone throw some light on why some cases have not been receipted so far and are pending for any action..No rejections, no receipts no cheques ..nothing..
I see guys already starting to discuss EAD and opening companise etc..
We are still waiting for the ACK fron USICS...
My case was received at NSC on 18Th July by R cook, whose name I havent seen in this frum...and no info so far..Called USICS and talked to 2nd level clerk but no receipted so far.. so they have no info..
Guys anyone can you please tell me what cud be the reason for such delays...

Here is my txn id.

6AC8222127337981C

thanks

As an update,
I called TSC again today. Previously, I called early in the morning here on the East Coast and was transferred to the national service center, so at least this time I got to speak to someone @ TSC.
I gave them my receipt # and as soon as I mentioned biometrics the person said that she will schedule appointments for me and my wife and depending on availability at the local center I should get an appointment letter in the following 60 days. They must be getting a lot of this type of calls because she was very prompt to schedule the appointment. I also asked about my NC status and that was cleared in Sept so good news there as well.
I'm a little more optimistic as this time as at least now I know that USCIS initiated the request.... I'll wait and see what happens next.

So basically, this is the 3rd time I call and the first time they're willing to do anything to help.



I actually did call in mid Nov. and opened a SR. I then got a canned response about a month ago on how the case is within processing time and blah blah... I call again this morning and apparently their system was experiencing some kind of problem and the rep. wasn't able to open a new SR although she did apologize and thought that 5 months is an excessive amount of time to wait for biometrics. She then transferred me to an IO who based on the service center processing times posted online told me that they're currently processing May 07 and my receipt date of July 12 is not up yet.... What a bunch of BS!

Why SKULL bill ? As a high level manager I have learned after years of experience that you need to use good sense of humor, satirize when confronted with insanities and very stressful situations.

I appreciate your effort to make us smile and relieve stress but when you repeateldly
keep using the same stuff, people no longer find it humorous.
You too must have realized it by now as people have started questioning why
you are using this word repeatedly.

It is like telling the same joke time and again and expect people to laugh everytime.

IV Core is Busy withdrawing money from the bank account.

desi,

All the points you mentioned are valid and sensible from a business perspective.

In case, you didn't read, I said valid legal reasons.

Here is text from my post

Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B

All of these reasons are valid legal reasons. One more time, valid legal reasons.

dingudi - You talking about a possible connection between NC & FP.

Are the TSC folks waiting for FP in this thread primarity from NC? I am from NC and waiting for FP.

Indeed we are IT professionals, the billing stops our brain stops ......

How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.

The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.

I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.

It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.

Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.


People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".

One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".

Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.

Just imagine what is this person's situation for no fault of his?

This is really a very unfortunate situation.

The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.

Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.

On the practical side, vast majority of employer have no issues with such EVL letters.

Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.


We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......

It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.

There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.

I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.

---------------
Life is not fair; get used to it. - Bill Gates

Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates


.

For god's sake, if you intend to send hundreds of emails and letters and call yourselves highly skilled immigrants, can you take the time to have your letter proof read by someone? If not anyone, at least by Microsoft Word?? I start reading the text of some of the emails and shake my head at some of the gobbledegook you are spewing. It is counter productive to say the least.
-a

I received Renewed EAD Card for 2 years, yesterday on 8/27/08

I-765 Renewal Receipt & Notice Date by TSC: 6/24/08

I did my landing this weekend.
Every thing went smooth both on US and Canadian side.

I was not asked any questions.
Just wanted to let everyone know.

Harikris, I hear you. People are in different situations. I was not mad about moving to this country and for a long time, I preferred travelling instead. Then I reached a point where I preferred to be with my family and thought it is best if we move here and we filed for our GC at the same time. If it does not work out, I am entirely content moving back. Heck, even if it does work out, I might move back.

I am not crazy enough for my GC to spend all my waking hours trolling forums and calling people names. It is just not worth it. I do donate, the same way that I donate to the local zoo and botanical garden. I give them money to run something so that I and others may benefit from it. The people who run it are passionate about it and do it for themselves and others.

If things work out, everyone will benefit, the people who worked, and those who didn't, the people who donated and those who didn't. When India fought for its freedom, people donated money and time. I am ready to bet that less than 1% joined in the strugle. There were people who worked for the british government and there were people who went on with their lives. Everyone got freedom, the people who worked got recognized and remembered. That is life.

The ones who are desperate need others to pitch in to create a critical mass in terms of both money and numbers. I think this realization needs to sink in and insulting people into getting donations out of them is probably not a strategy that will work very well.

These forums are an excellent rallying point and I think more people being helpful and polite will go a long way.

Of course, I say all this with my leathery skin waiting to be called a useless idiot who writes bullshit.

Deepak,
You are very practical and have excellent points.
Sometimes, ppl do get carried away by their passion (height of desperation if one looks at it another angle). We have to accommodate folks that cannot have a nonchalant attitude towards Immigration. Just like health care, GC stirs up our deepest and strongest emotions. For many, GC is an all-or-nothing proposition (again let's not fret about why it might be so, because they might have their own good reasons). Regardless, i agree with you completely, civility should not be lost. We have a broken Immigration system - all i care is how to fix it.

I am becoming a donor for the following reasons -
1. It is better to be informed and be involved rather than be "out of the loop" or in the dark
2. It is not free to get anything done in the commercial capital of the planet
3. Selfish motivation - life is short. i would like to see the end of this struggle as soon as i can. personally, cannot be a mute spectator esp. when i see someone else fighting for MY cause and I being fortunate to lend a helping hand
4. Altruistic motivation - gives some meaning to life whether we get anything done or not at the end of the day. if successful, would have the satisfaction of being part of the solution - the intangible benefits of that feeling is unexplainable.

Wish us luck and my best to everyone in all their endeavors.