Thursday, June 16, 2011

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  • satishku_2000
    05-24 05:33 PM
    You can call Jose in Mexico and they ll deliver a passport in less than a week. ALL WE NEED IS TO REGISTER A LAWN MOWING FIRM and then BILL THE CLIENT at 100$/Hr for first designing the plan for the mowing on a computer and then getting a MEXICAN to do it for us. ...;-)

    AM I BEING REVERSE RACIST? AM I BAD? I think its healthy to speak your mind out against opression based on RACE


    Hope I did not offend any one ...I was just frustrated when I made my statements ..




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  • greencard_fever
    05-25 11:09 AM
    How to track the progress of this Bill? can some one post the link to track.

    here is the link http://www.govtrack.us/congress/bill.xpd?bill=h110-6938
    looks like this bill will not go no where ...there is only 3 cosponsors..:mad::mad:




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  • nitinboston
    05-14 09:21 AM
    I am thankful to everyone who read or responded even if you don't agree. Taking it a step furthur there are couple of things that stand out which i think again show how we twist every fact to our advantage.

    1) US need immigration to grow and prosper. wel agreed, but who are we to preach. Its for American to figure it out. We don't care for our mother land i:e India but we are first to point out how US will be worse off if it stops immigration. I really doubt the intention here. You know, we care more bout US then India and once we get our GC we probably wont care much bout US either.

    2) Saying its a fight for rights and if we don't fight we are cowards. well i agree we are all cowards not because we are not fighting to bring forward all mighty priority dates but because we showed our backs to our own country. We went to public funded IIT and other institutions and then ran away from our nation at first chance. So yes, in a way we are all cowards here.

    3) USCIS should be fair to India. If you look closely, USCIS rules are not country specific. Quota applies to every country, but only India, Mexico and china exhaust theirs. Does tell u something doesn't it.




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  • vdlrao
    07-14 11:26 AM
    50K + visas only for EB2 India for fiscal years 2008/2009.



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  • cliffmacnab
    12-03 04:58 PM
    go infopass or call the uscis




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  • singhsa3
    05-23 02:41 PM
    Same thing for HR 5921
    For HR 5882, From 2 to...

    COSPONSORS(13), ALPHABETICAL
    Rep Abercrombie, Neil [HI-1] - 5/13/2008 Rep Capuano, Michael E. [MA-8] - 5/13/2008
    Rep Carter, John R. [TX-31] - 5/13/2008 Rep Cuellar, Henry [TX-28] - 5/15/2008
    Rep Davis, Tom [VA-11] - 4/24/2008 Rep Gilchrest, Wayne T. [MD-1] - 5/13/2008
    Rep Honda, Michael M. [CA-15] - 5/13/2008 Rep Jackson-Lee, Sheila [TX-18] - 5/13/2008
    Rep Nadler, Jerrold [NY-8] - 5/22/2008 Rep Roybal-Allard, Lucille [CA-34] - 5/22/2008
    Rep Sensenbrenner, F. James, Jr. [WI-5] - 4/23/2008 Rep Shadegg, John B. [AZ-3] - 5/13/2008
    Rep Speier, Jackie [CA-12] - 5/22/2008



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  • cooldude0807
    09-17 12:23 PM
    Hopefully they will get done with HR6020 soon!!!




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  • ganguteli
    04-28 11:01 AM
    Question to IV core.
    Can't we turn Mr Durbin to our side since IL has a large Indian community ?

    Define which Indian community?
    Gujratis who own motels and shops and will want more family immigration vs H1B

    or

    Indians who are now citizens. They will want less Indians to reduce competition for their jobs or for their children.

    or

    Desi consulting owners : less said the better

    or
    Desi H1b, students EAD etc...
    They are a scared lot anyways and only worry about their immigration status and making dollars. Go tell them about IV if you can?

    So tell which Indian community you are talking about?



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  • eb3_nepa
    03-12 10:33 PM
    Thanks for the replies everyone.

    In response to some responses, i am not "overly concerned" I was just wondering what their status was.

    If the older core members who have received their GCs are indeed enjoying the fruits of their hard work, God bless them and there is absolutely nothing wrong with that. My intent was never to start a hot debate. God knows we have tons of drama on the forums daily!! ;). (Soon the April VB will be released and more drama)




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  • unitednations
    04-28 06:32 PM
    UN,
    Have there been any updates on this case that you are at liberty to share?

    Thanks in advance.

    nothing yet.

    Longest I have seen a 485 denial go without getting reopened is 5 months.

    If a person doesn't have h-1b then six months is a magic number. If person overstys six months and uscis ultimately denies it again then person is in terrible situation (3 year bar).



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  • GCSOON-Ihope
    12-08 11:43 PM
    When GCSOON-Ihope becomes GC-IgotIt!

    Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies ….and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
    What did I feel then? Really indescribable…Happy? It goes way beyond that.
    I feel more relieved than anything else, like if I had a ton of lead off my shoulders…
    May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
    As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
    So, please, enjoy the holidays: as long as there is life, there is hope.
    I know something about it:

    Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
    Find dream job in dream company. Hired directly by CEO himself.
    Company loves me and applies right away for H1 and then Labor Cert.
    Life is beautiful. The start of the American Dream. Not for long.
    Attorney has been working for company for years. Always successfully.
    Picks me for his first failure: screws up completely.
    H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
    OPT runs out: company still loves me but…I am now out of status and…fired too.
    Welcome to America. Life has turned dark. The start of my American Nightmare.

    I am disgusted. Decide to go back to my home country (France).
    I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
    H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
    Not for long. Exactly 2 hours (no kidding).
    Find out that company is a sweat-shop and boss is a crook.
    Pays me half (yes, half) what he was supposed to.
    Go to INS to complain: “If you are not happy, go back to your home country”.
    I swear that it is exactly what I am told.
    Consult attorneys for a possible lawsuit: “ Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don’t waste your time and money in a lawsuit, just find yourself a new job…and be more careful this time”.

    I am broke. Can’t even go back “home” and anyway I don’t want to.
    Not with just my tail between my legs for the second time.
    Home is here. I want my American Dream and I will get it, no matter what.
    Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can’t afford anything as I am hardly surviving.
    Employer wants to fire me: “you are always complaining about the money”.
    I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on…).
    Imagine in what kind of atmosphere I am working…but I need this job to remain legal until I can find something else.
    For sure, I will be out of there within a couple months at the most.
    Don’t know yet that this nightmare will last…2 years. Still can’t believe it.
    Had I known, I would have fled the first day, no matter what.
    In my specialty, jobs are not easy to find.
    Not to mention that this time, I have to be very “choosy”…
    Companies that I approach:
    a) don’t want to hear about immigration or
    b) don’t want to pay attorney fees or
    c) don’t want to pay at least prevailing wage or
    d) all of the above
    All doors seem to be closed.
    I have never felt that bad in my life: go see the doctor.
    “You have all the symptoms of someone who is having…a nervous depression.
    Do you want me to refer you to a good psy who could help you?”
    No, thanks. I know why I am sick.

    Finally find new company that loves me: apply for new H1 and they pay all fees.
    H1 approved.
    This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies…and no GC in sight.
    Job is nice, company is nice. Recovering from depression.
    Boss loves me: decides to start for me RIR Labor in….May 2001.
    Yes, one month after that damn month of April 2001. You know what I mean.
    Six months of advertising.
    PD is January 2002.
    Labor Cert approved …in July 2004. Concurrent filing I-140/I-485 in August 2004.
    Get EAD. FP in September 2004.

    Things change: company is now going down. Boss still loves me but…lays me off.
    (Re)(Re) Start of my American Nightmare?
    Attorney says: “Don’t worry (!!!) Employer loves you. Won’t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens”.
    This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
    Later, previous company nicely recovers: got rehired!
    Only thing: I will have to pay all fees from now on. Don’t care. Back on the right track.
    Do Medical in April 2005.
    I-140 approved in May 2005…but visas are now “Unavailable”. Nothing to worry about.
    October is around the corner and new numbers will be available, right?
    Just a few more months and I will have my GC. Wrong.

    October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
    I swear that I almost s..t in my pants. When is too much…just too much?
    How much more frustration and anguish can I endure? More, much more.
    By rage and stress, I pack up an extra 20 lbs in just a few months.
    Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
    Second EAD. FP again in October 2005. Life is paced by visa bulletins…
    September 2006 bulletin comes out: EB3 World has now passed my PD.
    I am holding my breath again. Rightly so, for the umpteenth time.
    Third EAD.

    Wait 2 weeks and start inquiring about the status of my application.
    Call so-called “Customer service”: as usual they know jack s..t.
    “Your application is still pending”. Thanks, I already knew that.
    Make Infopass appointment at Los Angeles downtown office.
    “Sir, I can’t tell you anything specific because your case is at the Laguna Niguel office.
    Contact them at: CSC-XII@dhs.gov”

    E-mail #1 on 09/18: (…) Status of my case? (…)
    Response on 09/27: “the I-485 at question is still pending FBI name check clearance.
    Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case”.

    E-mail #2 on 09/27: (…) When was that initiated? (…)
    Response on 10/02: (…) On or about 08/19/2004. (…)

    This time, I surprise myself: I am one more time devastated but remain strangely calm.
    Even laugh about it. Nervously. Too much is just too much.
    I had heard about that Name Check aberration before but had ignored it.
    Like most people involved in that GC mess, I refused to worry in advance.
    One bridge to cross at the time, please.
    Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
    I call my lawyer and tell her about those 2 e-mails: “That’s good enough to file Writ of Mandamus. That summarizes the whole situation, we don’t need anything else”.
    WOM is filed on November 1st.
    (I requested FOIPA and contacted Senators, President, Vice-President etc, etc…
    only later just in case we would have needed more ammunitions).

    After that, things go fast:
    11/ 29: without any warning (!), LUD: “Your card has been ordered”.
    12/01: confirmation from the Assistant US Attorney that my case has been approved.
    12/04 LUD: “Your case has been approved”.
    (So, they notify you that the card has been ordered…before notifying that the case has been approved…).
    12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
    12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable…).

    What a timing! Could I dream of a better Christmas Gift?
    Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
    :) ;) :) ;) :) ;) :) ;) :)




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  • alterego
    03-10 07:10 PM
    This data is ambiguous from the USCIS. It very well could represent pending 140 petitions, in which case all the euphoria would turn to shock. We must try to get clarification about this before anything else.
    One of the tables there mentions the NIW, that is determined at the 140 level, after that a 485 is a 485 and it goes into the EB2 queue. So when they list that in the breakdown, I suspect if they may be referring to 140s here. Additionally they list either no NIW140 or NIW-based 485s from the NSC. If they are referring to NIW based 485s, this is incorrect, since I am one of those with an approved NIW and pending 485 at the NSC. There are others like me on IV physician forum.
    So lets try to get more information about this response. This data does not give the whole story. In a worst case scenario it is indeed pending 140s they have given.



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  • Jaime
    03-20 02:14 PM
    Hey guys, thanks for the replies and the good advice, which helps a lot. It's true that prevailing wage for H1b and CG are different, so I don't think my employer is breaking the law...at least not yet. (Logiclife, what do you think? Wouldn't the attorney had told them that they are breaking the law?) It's just a hard reality check to realize that all the "we care about our employees" is just a smoke screen.




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  • gc_on_demand
    07-28 11:06 AM
    Will we see any light on these bills in AUG ? IV core any update ?

    We haven't heard from long time ??



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  • bkarnik
    09-17 11:29 AM
    Seems like they are discussing about Attorney General Michael B. Mukasey

    Nope...they are talking about impeaching a US District Judge. This should be very fast.




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  • vin13
    03-11 12:19 PM
    It reminds me this story every time I visit IV.

    Workers working with an export company which use to ship chickens from all over the world to US/Europe, were packing chickens from some Indian port. Each box was having some 50-70 chickens in it .

    After loading them in, they were about to cover these boxes with the tops. The leader shouts to workers: " No need to put the tops. They wouldn't go any where "

    Surprised with this order, one worker asks the leader 'Why'. The leader says : " These are Indian chickens. IF one tries to escape, other will pull its leg."

    Good One :D

    We should concentrate on taking actions. I believe taking a small step in action is better than talking big.



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  • ChalapathiChitturi
    10-30 03:52 AM
    Reverse brain drain will not happen with warning. But it is happening. I know 4 of my friends (Great guys) left US just because of the current immigration issues.

    People might not take decission now, but when time comes, that happens all of a sudden, they will not protest or even inform any one, they just catch the plane. No one knows that it has happend.

    But can you bring them back if you want. IMPOSSIBLE.

    Also Imagin, US is in good situation (not really but OK.), so they are ignoring immigrants, imagin what happens if they want people tomorrow for their survival. With this background, I am sure that they are going to get only JUNK.




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  • pod1
    01-18 06:42 PM
    count me in..




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  • nixstor
    03-14 01:00 PM
    D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.

    May be EB2 India and China can see some movement in July VB published in June.

    This piece in VB is telling that the unused numbers in EB2 will be given to the retrogressed countries in EB2. The VB when it defines the categories, also defines EB2 as 27.6% of 140K and what ever is left over from EB1. EB1 is current for some time now and EB1 also circularly gets unused numbers from EB-4 and 5 which account for around 20K. My thoughts are here (http://nixstor.blogspot.com/2008/03/thoughts-on-april08-visa-bulletin-and.html). I have been under the assumption that EB-3 ROW must become current for EB-2 retrogressed countries to move significantly forward because of spill over and not by the quota they get every quarter. It does not sound like that. Am I just hallucinating or Am I just reading too much or Is it just the VB as usual unpredictable and capricious?




    chanduv23
    04-28 08:49 PM
    AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.

    Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.

    In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.

    I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.

    Well, 485 denials on ac21 where 140 was revoked has always been happening.
    Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.




    snathan
    03-29 01:53 PM
    @Snathan how did you know he didn't call me here , are you one of the consultants yourself who does this filthy work of cheating people.
    I guess it was my employers discretion to make me sit home with him just not responding to my mails, i couldn't barge in to his office and say hey give me desk to work on? can i ?

    Anyways looking at the LCA agreement i think you don't seem to know what you are talking about, I am here holding his company's name on my H1B form , His agreement on LCA and his employment letter, i dunno if there is any other way i could make inroads into barging into his office?

    Now if he puts a security guard against me entering his office, shouldn't i report this to DOL too?

    Mind your words you low life scum bag. You don’t know what you were doing and paid for H1B and landed here and informed your employer through email which states he did not invite you to the US though he applied for the H1B. By the way when did he informed about the project situation.

    Yea...you go ahead and report DOL or even white house. I am sure you won’t get anything out of it as there are so many loop holes in your case. No one is going to pay you the green buck because you want it.

    Getting emotional is not going to help you. Your case is not going to impact your employer until he is doing this as a pattern. The only other option is, if you can get another job apply for a transfer and the approval without I-94. Then you will have to go out of the country and come back.

    Your first priority should be to get the job and fix your visa issues. Then find other employees working for this employer and if they are in similar situation like you. If so, you have a very strong case and complaint to DOL. May be you should use this as a leverage to get the pay stub and do transfer. Really speaking pay stub is not an issue as long as you are able to get a job.

    You need to relax and think what do you want to do and whats your goal...do you want to put your life back on track or go after this guy. You can teach him a lesson but how it’s going to help improving your situation. Because of the current environment, no one needs to file any complaint and every application from any company is thoroughly scrutinized by the USCIS. Worst case he will shut the shop and open another one. All he needs is a $300 to register a company. USCIS is not going to deport him as he might be already on GC or USC. But there is every possibility for ICE to knock on your door. You are just shooting yourself in the foot. Good luck.



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