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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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  • delax
    07-13 10:22 AM
    Permit me to call out the grossly misguided emotions I've seen in this thread.

    We have a co-alum of the DHS Secy sending a detailed, cogent and EASY TO READY letter pleading for our cause and yet we diss her.

    Sheela Murthy might be different things to different people. Reality is that she is agent of capitalism JUST AS WE ARE. Then, why take a holier than thou attitude and arbitrarily attribute nefarious intentions to her actions?

    This shallowness illustrates the deep void in vision and a decidedly insular world view.

    I would urge IV members to THANK Sheela Murthy for her cogent articulation of the human impact of this disastrous situation and ask her to continue to support the cause through various means.

    And by the way, I am NOT a client and that should make no difference in the quest for objective realization that there are shared interests at play.

    However, I AM a trained negotiator and conflict mediator (apart from being a co-author of a mediation model) and hence from that perspective would aver that such realization of shared gains are what ADD VALUE to a discussion.

    Cheers!

    Cant agree more - Well said.





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  • amsgc
    07-04 07:53 PM
    Ramba - Excellent post!

    The lawsuit will bring to light some irregularities, and will probably encourage USCIS to be more responsible.
    But the way out of our misery is still congressional intervention - increase in visa numbers, skill bill, or additional provisions for people with an approved immigrant petition.





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  • thesparky007
    03-07 07:19 PM
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  • logiclife
    01-31 04:33 PM
    If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?

    For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
    How long does it take to transfer status from H1B to H4 ?

    You seem to be planning a very elaborate move here from H1 to F1 to H4, or whatever.

    You need a lawyer otherwise coz one mistake will take away several years of your career. And no case is identical to another one, so what applies to someone else may not apply to you.





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  • vandanaverdia
    09-11 12:54 PM
    The road to GC is not easy...
    Support IV & come to DC!!

    Lets get together & support a common cause...
    Go IV!!!!



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  • bfadlia
    05-27 05:57 PM
    I-485 application instructions (http://www.uscis.gov/files/form/i-485instr.pdf) ask you to make photocopies of your passport.

    And color photos of expiring EAD when renewing that too
    still so dumb, people own color scanners and color printers at home and can do whatever they want there, y u need restrictions in stores





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  • go_gc_way
    01-13 10:37 PM
    http://www.laborlawtalk.com/showthread.php?p=850460#post850460

    http://www.indiacause.com/services/advt/advt_lst_one.asp?srno=10394


    perm2gc, very good efforts .... I am hopeful, with members like you , we will inch towards our goal "GC".

    At the same time, I hope other members take time and help IV action items.



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  • logiclife
    01-30 01:20 PM
    One more thing about desi companies.

    When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.

    Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.

    However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.

    Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".

    Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
    -------------------------------------------
    PS
    I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.





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  • vin13
    11-11 05:36 PM
    Is there any IV member in DC willing take up this task, while we work on document?

    Lets not limit this task for someone who is close to DC. The person close to DC can always represent to visit. But we need support in getting an appointment. Getting an appointment is something that is not limited to only individuals close to DC. Use the help of your congressman to get an appointment or their help to address this issue.

    the congressmen have aides who meet their constituents. Department officials need not give appointments to public. So we need some influence to get the appointment. I am meeting my congressman's aide on Nov 20th. But all of us need to do the same. hopefully one or more of us succeed.

    We can fine tune the letter in matter of minutes. WE NEED TO WORK ON GETTING THE APPOINTMENT.



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  • willIWill
    11-11 06:01 PM
    Questions about Quarterly Spill Over with respect to Yearly Country Limit.

    Since we are on this Topic, Do any IV Users know or can point links to articles/statute for the following questions to gain a better understanding ?

    - Is the ‘Yearly per Country Quota’ broken down and established for every Quarter? I.e. 1/4th of the 7% yearly limit

    - So if assuming the quarterly Country quota holds and the USCIS does the spillover to the over subscribed countries in one quarter.

    Then for the next quarter what numbers will they assess for the quota count? Is it just the standard quarterly limit or the ‘quarterly limit + the spill over that they did the previous quarter’? And what if that exceeds the 7% yearly limit and how will they proceed forward from there.

    Thanks.





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  • gc_chahiye
    08-15 04:02 PM
    everyone was expecting them to go U

    EB1 has cutoff?? for the first time in recent memory?



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  • gc_in_30_yrs
    07-17 10:48 AM
    Sanjay,

    I did not find Point Number 2 in their website that you mentioned here. Can you post link to it? It may be that they removed it now, or you might understood something differently.

    thanks.
    gc_in_30_yrs.



    Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.

    One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.

    ================================

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.


    Sincerely, [Your Name Will Appear Here]

    ==============================================

    Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.

    Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.

    Thanks,
    Sanjay.





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  • WeldonSprings
    10-17 11:58 AM
    USCIS NSC and TSC is cutting the line in approval of I-140 aplications and is not following First In First Out policy.

    This affects not only the I-140 applications, but pending I-485 (EB-2) applications too.

    USCIS NSC and TSC is approving I-140 applications for EB-1 and EB-2 ROW cases filed six months ago, and letting them go ahead and grab the coveted visa number.

    However, they are not approving EB-2 India and China I-140 applications, because of non-availability of visa numbers.

    This is causing an issue with the horizontal spill-over effect as described in the Immigration and Nationality Act.

    EB-2 India and China waiting patiently since 2004 should have gotten those visa numbers via spill-over effect, not used by Rest of World, if USCIS had not approved their I-140 application, since they joined the line after the EB-2 India and China folks. This is blatant misjudgment and misorganization.


    Please refer to immigration-law.com for full message, but here is the part of it:

    The I-140 petitions have been experiencing a significant dely and witnessed a irregular pattern in processing times between the stand-alone I-140 filing cases and the I-140/I-485 concurrently filed cases. Here are some questions and answered which are revealed in the USCIS National Stakeholder Meeting on September 30, 2008:
    Question: In TSC and NSC, there is dramatic delay for last July/August concurrently filed I-140. At the same time, TSC quickly approved many non-concurrently filed I-140 with application mailing dates later than last August and even in 2008. So far, the average waiting time for concurrent filers > 300 days and for non-concurrent is around 80 days, according to some voluntary tracking data. Is that delay caused by the Plus Pilot program installed in TSC in Feb 2008, under which the entire I-140 and I-485 package is reviewed by one officer? If so, does that mean I-140s won't be processed and approved until the petitioner's Priority Date becomes Current? A delay of processing, and then denial, in I-140 adjudication could cause serious could cause serious problems for I-485 portability.
    Response: Visa availability has been the primary focus at the Texas Service Center and the Nebraska Service Center for concurrent filings and stand alone I-485s. In recent weeks, we have identified I-140 petitions that have been held up because of visas are not available. These filings are placed in the workflow by I-140 processing date within the range of those that were processed after having been filed independent of an adjustment application. The instance of delayed I-140 adjudication should decrease significantly. Petitions that are outside of the posted processing dates can be raised to our attention through the 1 800 customer service number. Officers in the Call Centers will issue a service request if a call about the status of an application is received one day beyond the processing time listed on the website.



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  • cygent
    03-23 10:18 PM
    How do you know if labor is EB2 or EB3?

    Hello all,

    How do you determine if the category is EB2 or EB3? How can you find that out from which document?

    Thanks!





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  • kshitijnt
    09-10 07:39 PM
    I see good response to Citizenship slogan in this short time frame. THATS what we deserve guys after this much screwup.

    Also understand there are so many many fully frustrated and screwed up by these delays unable to take it anymore and left the country. They are not typing here, but they took the shots. They too dont deserve this. Remember how thrilled we felt when we first got the Visa(whoever you are). If we all voice together for this, I am very sure it can work.
    Lets push for a new rule 3+ years GC, 8+ years Citizenship. We shouldnt be paying for other's disservice. But lets hold on this till 5882 passes or fails.. In any case, we must be pushing for this.


    Personally for me, why do I need the citizenship?
    1) My parents don't want to come and live here.
    2) How do I tell my future children that this country is the best country for them when it screwed their dad or gave him secondary treatment for 8-10 yrs when I spent here.
    3) How do I "love" this country with a true mind knowing it did not give me the same opportunity it gave to immigrants from other countries? How do I digest the fact that europeans, mexicans, filipinos etc are getting preferential work related immigrant visas ahead of me? and I would still pledge my allegiance to this country knowing I have not been treated fairly?


    You see there are more moral and ethical questions to be answered. I have made my money here. I could almost retire in India with this much money in next 5-10 years.



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  • willgetgc2005
    02-14 05:37 PM
    Berkeleybee,


    Just so that you know, I am caught in the name check too. This is a bigger blackhole than even labor processing. Becos atleast labor processing your Immigration Attorneys can write to BECs (You may or may not get a reply, that is a different issue, but atleast it is allowed). In case of FBI name check, you just cant do much. It is a much dreaded process in the whole game and needs to get enough focus. Eventually, it is going to be everybodys problem.

    Thanks.





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  • subba
    12-28 10:44 AM
    Boston has two sites that I am aware of

    1) www.aapkamanoranjan.com
    2) www.lokvani.com (This is a paper magazine as well).

    Also, I am not sure if there is someway we can request the following newspapers to run a small ad (at some nominal cost?) :
    1) India abroad
    2) India today (N. American edition)

    Thanks Pappu.

    IV members :
    Need help !! .. finding regional web sites. As an example
    atlantadesi.com in Atlanta.

    I have listed cities below , can IV members help find regional web site of the cities below, then we can post in the sites .. We need to take these action items with a SENSE OF URGENCY, just like we MADE CALLS in Lame duck. PREPARATION IS IMPORTANT, INCREASING MEMBERSHIP WILL HELP SOLVE MANY PROBLEMS APART FROM FUNDING.

    LET'S COMPLETE THIS EFFORT ASAP.

    I am bumping this thread , with a classified in atlantadesi.com

    Cities ,I am looking for most popular regional web sites.
    1)New York
    2)Los Angeles
    3)Chicago
    4)Houston
    5)Philadelphia
    6)Phoenix
    7)San Antonio
    8)San Diego
    9)Dallas
    10)San Jose
    11)Detroit
    12)Indianapolis
    13)Jacksonville
    14)San Fransisco
    15)Columbus
    16)Austin
    17)Memphis
    18)Baltimore
    19)Fort Worth
    20)Charlotte
    21)El Paso
    22)Milwaukee
    23)Seattle
    24)Boston
    25)Denver
    26)Luisville
    27)Washington
    28)Nashville
    29)Las Vegas
    30)Portland
    31)Oklahoma City
    32)Tuscon





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  • brad_sk2
    03-09 02:41 PM
    If your kids were born in the US then maybe they will be able to file for you by then and that will be definitely faster than EB-3. :D

    Hehe..nice one...and so true as well:(





    pappu
    01-17 01:43 PM
    it is a slow process. This recurring contribution is a good process in long run. We will inspire our members to contribute. This will grow in to thousands eventually. Keep up the good work with our core objectives.
    Yes it is upto members if they want this process to be like the greencard process and we can wait for years to get a bill passed. Ultimately the onus of getting sucess is on each and every one of us. We represent a community of highly skilled and get paid above average (than average american) but If we want 20 opinions per month on what IV should focus on, we can get those right away. However $20 per month is difficult.
    IV really want to go all out and use all resources to get the bill passed. We cannot do it without the support of all members.Pls. Visit this page http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
    and start contributing today.





    sc3
    10-17 01:44 PM
    Question 18 should be helpful to your situation with RD.

    http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf



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