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  • kumarc123
    02-12 02:43 PM
    I am the one who asked him that question. And you can see he doesn't have any proof.


    The million dollor question is,

    what are we going to do about it?
    What is IV going to do?


    I am proposing a rally and hiring a lawyer to file a case. We group of people can hire Ron Gotcher or any other good lawyer to file a case. I am ready to give some money. But not to IV, as they have ignored all are comments and not done anything in recent months.

    No rally, No public initiative.





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  • kumarc123
    10-23 02:01 PM
    Obama clearly explained that he wanted to end abuses of the H1-B visas that is used by highly qualified specialists to work in US. He added that he would make "immigrant workers less dependent on their employers for their right to stay in the country, and would hold accountable employers who abuse the system and their workers".

    I read that too, the problem is that American people have now become aware of the H1B visa abuse, I believe all these Desi vendor/body shops have really abused the system to the root. If democrats take over, which I interpret they most likely will, they will put out much strict regulations on these small companies. I know some people in my university are planning to join a community that will report the Desi companies abusing the system to department of commerce, because their are some people who failed to get H1b visa in last two years due to the lottery system.



    Thanks





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  • jcmenon
    07-24 10:54 AM
    It all depend how we interpret the law.

    Here is the arguement by stuck labor

    "INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if


    (3) an immigrant visa is immediately available to him at the time his application is filed."

    BUT

    The above is applicable for adjustment of status only not for filing of 485.
    Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.





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  • indianindian2006
    07-14 05:35 PM
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?


    Could you inform us what your Eb category is and what is your priority dates.
    TIA



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  • conundrum
    10-31 05:59 PM
    Received letter from USCIS regarding the FOIA.

    NRC2008063282

    The request has been placed in the complex track!





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  • nixstor
    07-03 12:38 PM
    There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.

    AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.



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  • roseball
    08-02 10:13 PM
    Mayhemt,

    Please dont talk without knowing the truth.
    I joined the company only for green card, I was a consultant for them before I became full time. They told me this 'We will sponsor green card, will you become full time' I said if you do green card I will join. But they did not keep their promise. Thatis give and take. They already gained from their investment, Thats y they dont want to sponsor anymore. They do green card for what we do for 6 years not for sticking with them for 20+ years.
    if I was in my company shoes , I would not take the documents, drag for 2.5 years and say 'We found candidates' . I would have either said in 6 months sorry we cant do or file green card.One need to have honesty. If I am that smart likemy employer I would ve started a company already and firing H1 guys left n right

    If you only joined the company for a green card, then what were you doing all these years when your employer kept your documents and did not file. Why didn't you quit the job....If not more, you are to be equally blamed for the situation you are currently in....I understand your frustration, take a deep breath and move on.....Good luck....





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  • seeker999
    08-11 03:11 PM
    Based on the members in competeamerica . I honestly believe they will give a damn about GC. Simple reason is they will loose their reigns on us.

    More practical is someone in IV EB3 talk to some lobbyist or politcians and figureout how to push this. Especially the ones in DC.



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  • yabadaba
    09-26 12:44 PM
    As needhelp said earlier, the damage is done. This is really shameful on the part of CNN. Maybe its a coordinated effort by the Lou Dobbs production team to equate our issues with H1B. This philosophy trickles down and freelance writers end up subscribing to that ideology giving betsy ross and her hateful group a nice platform for them to launch their attacks on us or spread even more misinformation.

    One thing I started doing was identifying texts in the comments section of any news article post related to high skilled immigration. It looks like ALIPAC or one of those hate groups have a concentrated effort for members to post the same message in the comments section of any media article that is sympathetic to our predicament. We need to identify these posters and the messages - maybe it all comes from one user posting the same set of stock messages with different names.





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  • walking_dude
    10-30 06:38 PM
    Thanks for sending the FOIA letter. I don't get the not able to vote part! Every logged in IV member should be able to vote. Where you logged in?

    I hope the 70 is not correct. I sent in the FOIA request (notarized) and also mobilized few of my friends. The number 70 is incorrect, because it does not allow me to vote there, otherwise I am sure it would be atleast 71.



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  • conundrum
    11-06 11:54 AM
    Hi,

    Can somebody paste the sample letter that needed to be sent because I cant open in office.

    Thanks,
    brawn.

    FOIA Request for number of pending Employment based AOS/I-485 Applications

    John Doe,
    200 Main Street,
    Chicago,IL,60001

    National Records Center, FOIA/PA Office
    U.S. Citizenship and Immigration Services
    P. O. Box 648010
    Lee�s Summit, MO 64064-8010

    Dear FOIA officer,

    Several Employment based categories have been retrogressed for 4 years now and the exact number of pending AOS applications sorted by priority dates in the employment-based category is unknown. Department of state has been establishing the cut off in priority dates based on educated guesses and approximations. DOS and none of the Employment based applicants know the number of applications pending per category, per country sorted by priority dates. DOS visa office expressed same concern in Oct 08 bulletin.

    �Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined.�

    This information would be helpful in determining the priority dates accurately and in determining when a visa number will be available for a given priority date in a certain category. I request you to provide me with the number of pending employment based AOS applications, (excluding approved/denied) sorted by priority date from 2001 on a yearly basis broken down for each of the following country and category. (Not the combined total of pending EB AOS applications altogether)

    EB-2 China : Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now

    EB-2 India: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.

    EB-3 China: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.
    EB-3 India: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.

    EB-3 Mexico: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.

    EB-3 Phillippines: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.

    EB-3 Rest of the world : Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now

    Thanks,
    John Doe.





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  • reddog
    09-19 11:50 AM
    nojoke, do you even have a job?
    why on earth are you so worried.

    Your rants are getting endless, you are spreading pessimism everywhere. like you were a hedge fund manager and are going to file bankruptcy.
    btw, during the dotcom thing, just the telecom company hit was close to $750 billion. And with the big VC funded ventures completely got wiped out, the losses were much large.
    also the people that were affected, huge job losses. thousands of people showing up at small job fairs. it was a recession. economies go into recession, and come out of it.

    And media likes pessimism, they like destruction, mayhem. If you have not figured that out yet, it is time.

    yes, some of the concerns are valid, but you talk like nostradamus, as if you know whats happenin. like the country is going to pack its bags and every citizen is going back to where their ancestors came from. get real.
    economies fail, its how much time it takes to bounce back is what matters.

    I would say just chill, spend quality hours at your job then you did before, keep it secure, spend time with your family. live your life happily.

    We are citizens of the world and with the globalization that has spread, the ripple effect is going to be felt far and wide.
    These Investment banks has presence in over 50 countries worldwide.

    You can run, but you cannot hide.







    Everybody understands that we get this ups and down. The cycles once in a while gets bad. Very bad. We had great depression. This could be a great depression for the financial market. Lehman, which has survived 150 years and many economic cycles closed 2 days ago. So did Bear strerns fold. The dotcom bubble is what - 100 billion max? 200 billion? Here we are talking about trillion dollars.

    FDIC has only 50 billion. It can cover a big bank like washington mutual. Can it take another big bank? Wachovia?
    This time it is not going to strengthen US position. China is talking about creating a separate world currency and they are not happy with US currency. If china dumps, dollars, a lot of countries will follow.

    This is just financial institues. It will have ripple effect on rest of the economy.

    FDIC doesn't protect more than 100K if you open different accounts in the same bank. However joint accounts and beneficiary can get you protected for 200K.



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  • spicy_guy
    07-12 05:56 PM
    :)Anything can be done without an attorney....the issue arises if USCIS or DOl comes back with a question. Best thing is to put in some money, pay an attorney and let them handle it.
    Most of the immigration stuff is simple if everything is clean....but you never know.

    Why pay for an attorney unless your case is complicated?
    Its straightforward and you can do it on your own.

    Again, if your case is a bit different and needs a lot of documentation, you would need an attorney.





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  • rimzhim
    04-04 03:43 PM
    if this bill is signed into law...most desi consultant companies with one h4 aunty doing the accounting work + recruiting + administrative work will have to shut down
    :D



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  • gk_2000
    08-11 05:08 PM
    Guys,

    I have thought of one more idea..

    We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).

    And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.

    Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front

    Anyone having the facts and numbers of 245(i)?





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  • Macaca
    09-26 11:46 AM
    I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
    The article is actually very well-written for H1B issues. Ask her to write a similar article about EB GC issues!



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  • amsgc
    04-24 10:43 PM
    Congrats and good luck to you guys!

    It looks like USCIS is picking up some speed now. shows many cases approved in EB2-I in April'08. Hopefully all cases with PD before Jan'04 will be flushed out.





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  • bigboy007
    06-10 09:06 PM
    It is unwise to be too sure of one's own wisdom. Pandering to the client base will not help the clients, it will only help the service provider.
    rightly said. This is not first time this came up on radar. with success of TARP this comes up everytime we fix the system.





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  • eilsoe
    02-27 11:34 AM
    actually my benches are just a series of boxes rotated into place and grouped =)





    mpelland
    03-02 04:00 PM
    i am going to have to sadly bow out of this . got a lil done but don't have the time. have fun everyone





    jetflyer
    08-10 12:28 PM
    http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm

    see table 6 in that link

    Thanks VDLRAO.
    I looked at 2008 data from same source and surprised to see 70046 approvals for 2008-EB2.
    Does that means there are not many old cases in line ahead of us?

    Source link: DHS | Yearbook of Immigration Statistics: 2008 (http://www.dhs.gov/files/statistics/publications/LPR08.shtm)

    check for table 6



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