manderson
02-12 12:00 PM
correction: EB3 ROW = 01JAN05 !!!!!!!!!!!!!
OMG!!!
Just 1.25 more year and I would have been current! Damn!!!!
01AUG01
OMG!!!
Just 1.25 more year and I would have been current! Damn!!!!
01AUG01
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thepaew
12-14 04:30 PM
Well Said - I feel that this discussion is counterproductive. In my opinion (I am no lawyer but I feel strongly about this), there is no constitutional remedy available. The only accomplishment may be that we alienate non-Indian members.
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
vamsi_poondla
02-14 12:56 PM
Let us get started with legal opinion of Rajiv Khanna. I believe we have strong grounds for the class action law suit for past sins of USCIS - not utilizing full capacity of VISAs for GC processing. That is defintely operational inefficiency. But USCIS might claim that this may never happen again now that the name check requirement is waived off after 180 days.
Around 80 people voted for the law suit. I am willing to contribute $10 thru Paypal on my part. Please pitch in to make it $600 for the consultation. Then one of the folks in DC can get in touch with Rajiv.
lazycis/hopefulgc I am willing to send $10 as a token of support for your initiative. I am impressed by your confidence and conviction. Let us form a new group and we will definitely get moral support from all good IV members. Personally I dont want to be plaintiff as I have too much to loose. But I support your group. Waiting for your direction.
Around 80 people voted for the law suit. I am willing to contribute $10 thru Paypal on my part. Please pitch in to make it $600 for the consultation. Then one of the folks in DC can get in touch with Rajiv.
lazycis/hopefulgc I am willing to send $10 as a token of support for your initiative. I am impressed by your confidence and conviction. Let us form a new group and we will definitely get moral support from all good IV members. Personally I dont want to be plaintiff as I have too much to loose. But I support your group. Waiting for your direction.
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unseenguy
06-01 07:45 PM
We need to have multipronged strategy:
1. Visa recapture.
2. Removing spouses from EB count or excluding spouses from recaptured visas atleast
3. No country caps for recaptured visas
4. Raising the country cap to say 12-15% per country.
5. Allowing 485 when PD is not current.
6. Skill based points system etc.
We should be for reform which is transparent and fair to all sides. Putting all eggs in one basket may not help. By having multi pronged agenda , we will get atleast something.
1. Visa recapture.
2. Removing spouses from EB count or excluding spouses from recaptured visas atleast
3. No country caps for recaptured visas
4. Raising the country cap to say 12-15% per country.
5. Allowing 485 when PD is not current.
6. Skill based points system etc.
We should be for reform which is transparent and fair to all sides. Putting all eggs in one basket may not help. By having multi pronged agenda , we will get atleast something.
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nixstor
09-23 11:42 AM
I just emailed all of them with my name, address and phone number. Atleast 13 of them bounced. Can some one correct the email addresses in that sheet.
Thanks for sending.
send me a PM with addresses that bounced. I will update the list.
Thanks for sending.
send me a PM with addresses that bounced. I will update the list.
add78
01-22 05:40 PM
I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.
------------------------------------------------------------------------------------------
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events – Memorandum and recent Deportations – kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that – each employer and employee should operate by strictly following the H1B program requirements.
Please don't spread rumors or chain emails clearly written by antis or h1b haters who want to instill fear among the consultants working at client site. If you read the memo correctly, at the bottom it clearly states that it should NOT be used by CBP as a means of removal proceedings.
------------------------------------------------------------------------------------------
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events – Memorandum and recent Deportations – kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that – each employer and employee should operate by strictly following the H1B program requirements.
Please don't spread rumors or chain emails clearly written by antis or h1b haters who want to instill fear among the consultants working at client site. If you read the memo correctly, at the bottom it clearly states that it should NOT be used by CBP as a means of removal proceedings.
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ksircar
06-21 03:47 PM
Hi Neocor,
I understand your frustration very well. Of course the labor substitution is not logical, but it is not the root of the problem. Just think rationally how many people take advantage of this option. The real cause of our problem is Number of Visas. As long as it is legal, people will go for it. They should not be blamed, rather it is our inability that we didn't find the right "Approved Labor". If you find something suitable, will you not go for it?
I understand your frustration very well. Of course the labor substitution is not logical, but it is not the root of the problem. Just think rationally how many people take advantage of this option. The real cause of our problem is Number of Visas. As long as it is legal, people will go for it. They should not be blamed, rather it is our inability that we didn't find the right "Approved Labor". If you find something suitable, will you not go for it?
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gc_chahiye
06-28 04:54 PM
Not sure if this has already been posted, if so, pls accept my apologies.
http://www.murthy.com/rumor.html
Rumor : If the USCIS receives too many I-485 Adjustment of Status applications during the month of July 2007, there will be a lottery to decide whose applications will be accepted for processing. This could happen because almost all EB categories became "current" for the month of July 2007. Posted Jun 20, 2007
Clarification : There is no lottery expected for the I-485 cases filed in July 2007. This rumor seems to have originated based on the recent crisis with cap-subject H1B petitions. In that case, the USCIS received more than the annual quota of H1B petitions on the first day of filing for Fiscal Year 2008, which begins October 1, 2007. Therefore, the USCIS accepted cases for processing based on a computer-generated, random selection. The system of H1B cap numbers and the EB visa number limits operate differently.
this is different. We know there is no lottery and that USCIS wont stop accepting applications if they receive too many of them. The problem is if they APPROVE enough of what they already have in the backlogs that teh visa numbers are gone.
http://www.murthy.com/rumor.html
Rumor : If the USCIS receives too many I-485 Adjustment of Status applications during the month of July 2007, there will be a lottery to decide whose applications will be accepted for processing. This could happen because almost all EB categories became "current" for the month of July 2007. Posted Jun 20, 2007
Clarification : There is no lottery expected for the I-485 cases filed in July 2007. This rumor seems to have originated based on the recent crisis with cap-subject H1B petitions. In that case, the USCIS received more than the annual quota of H1B petitions on the first day of filing for Fiscal Year 2008, which begins October 1, 2007. Therefore, the USCIS accepted cases for processing based on a computer-generated, random selection. The system of H1B cap numbers and the EB visa number limits operate differently.
this is different. We know there is no lottery and that USCIS wont stop accepting applications if they receive too many of them. The problem is if they APPROVE enough of what they already have in the backlogs that teh visa numbers are gone.
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eager_immi
07-12 10:20 AM
I think this all depends on individual application. I got a letter stating "no further documents were needed." I did not submit any TOEFL scores. I just sent them a letter detailing that my husband and I work for Fortune 500 and have been in the US for over 10 years. I also stated that my daily work includes interacting with high level executives, c-suite folks all the time. My work entails writing reports, issuing memorandums etc. My letter from employer also stated that my ability to communicate in English is equivalent to a native speaker. But I know sometimes it does not work it all depends on the individual who is accessing your case. Just one pointer make sure the letter is well written, free of grammatical errors, and you have spent several hours editing and re-editing it. I have seen lots of posts where people have uploaded the letter they sent to the embassy, but the English was very poor.
They asked me to submit IELTS test results inspite of submitting TOEFL score (108/120) and english proficiency letter.
They asked me to submit IELTS test results inspite of submitting TOEFL score (108/120) and english proficiency letter.
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byeusa
07-10 10:59 AM
Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.
I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.
I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.
I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.
I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.
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angelfire76
05-29 09:19 PM
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Specifically this provision applies to Cognizant
Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;
Yeah but EB1 does not even need labor certification. So you can't apply the willful misrepresentation. What we can apply willful misrepresentation is in the 140. Also since EB1 is current , these guys also apply 485 at the same time and get EAD and AP.
Specifically this provision applies to Cognizant
Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;
Yeah but EB1 does not even need labor certification. So you can't apply the willful misrepresentation. What we can apply willful misrepresentation is in the 140. Also since EB1 is current , these guys also apply 485 at the same time and get EAD and AP.
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nepaliboy
07-16 02:32 PM
Dear sir/Madam
This is my Question for traveling with advance parole.
1. came to usa 1999 as b1 visa with my wife.
2. change f1 student (my wife ) me f2 student depend after 4 months.
3. apply for I-485 employment i am principle applicant july 2nd 2007 riceive date and notice date is august 24th 2007 .
4. my wife apply i-824 july 2nd 2007 and she left usa july 14th 2007.
5. i got Ead and advance parole august 30th 2007.
6. i have not started work yet.
7. i had apply for f1 student visa (change of status f2 to f1) july 15th 2007 but denied.
so my question is my I-94 is f2 until d/s is no longer valied or not?
because my wife left uSA after filling my I 485 , is there is any problem travelling with advance parole?
my student change of status is denied so there is any problem to traval with advance parole?
i have not started work yet so there is any problem travelling with advance parole?
i will be really appreciated your kind answer please.
This is my Question for traveling with advance parole.
1. came to usa 1999 as b1 visa with my wife.
2. change f1 student (my wife ) me f2 student depend after 4 months.
3. apply for I-485 employment i am principle applicant july 2nd 2007 riceive date and notice date is august 24th 2007 .
4. my wife apply i-824 july 2nd 2007 and she left usa july 14th 2007.
5. i got Ead and advance parole august 30th 2007.
6. i have not started work yet.
7. i had apply for f1 student visa (change of status f2 to f1) july 15th 2007 but denied.
so my question is my I-94 is f2 until d/s is no longer valied or not?
because my wife left uSA after filling my I 485 , is there is any problem travelling with advance parole?
my student change of status is denied so there is any problem to traval with advance parole?
i have not started work yet so there is any problem travelling with advance parole?
i will be really appreciated your kind answer please.
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gc_samba
07-17 03:23 PM
Dear Attorney,
I was hoping you could help or answer this question.
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B on full time basis.
Is this ok will it come to haunt me when I file for citizenship?
Thanks
Dev.
I was hoping you could help or answer this question.
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B on full time basis.
Is this ok will it come to haunt me when I file for citizenship?
Thanks
Dev.
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vinzen
08-18 11:35 PM
I think you think too much...by the way this is how you communicate in your office. American would think twice even come near to you...Good defence...:D
hasnt happened yet. if it ever did, I will change my ways...slumdog.
hasnt happened yet. if it ever did, I will change my ways...slumdog.
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zCool
05-11 10:13 AM
Takes 4 years to get Aussie citizenship now..
Citizenship is not a toll-pass.. you are taking an oath to be loyal to 1 country.. you are giving up another.. I think GC backlog is messing up with folks' heads.. the cavelier attitude abt things like citizenship etc.. :)
Citizenship is not a toll-pass.. you are taking an oath to be loyal to 1 country.. you are giving up another.. I think GC backlog is messing up with folks' heads.. the cavelier attitude abt things like citizenship etc.. :)
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nfinity
07-04 08:51 AM
Dugg the links, posted to the board. What other action items do we have?
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polapragada
09-24 12:12 AM
I like this idea. And will support it. ANd write the E-mail
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neoklaus
02-15 10:39 AM
the law does say that the GC numbers expire if unused.
once expired USCIS has no power to use them.
you need to study this deeper if you want to consider a challenge.
ppl voting emotionally, mostly.
Emotionally I'm pro, logically-contra.
We have to change subject, lawsuit not for recapturing numbers but against modern days slavery or something...have to think more and consult with lawyers.
Class action lawsuit- very tricky thing.
once expired USCIS has no power to use them.
you need to study this deeper if you want to consider a challenge.
ppl voting emotionally, mostly.
Emotionally I'm pro, logically-contra.
We have to change subject, lawsuit not for recapturing numbers but against modern days slavery or something...have to think more and consult with lawyers.
Class action lawsuit- very tricky thing.
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BharatPremi
12-13 09:40 PM
As you use the phrase Check Mate....
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
It make sense to use the wisdom tooth and be practical. But even with lobbying we will still have cat (Anti's)... no way to bell it?
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
It make sense to use the wisdom tooth and be practical. But even with lobbying we will still have cat (Anti's)... no way to bell it?
leoindiano
08-17 06:22 AM
read the comments here,
The Buzz Log - The Shah Rukh Khan incident - Yahoo! Buzz (http://buzz.yahoo.com/buzzlog/92914?fp=1)
you will see what damage mr. selef-centered dumbie did with his stupid comments.....
The Buzz Log - The Shah Rukh Khan incident - Yahoo! Buzz (http://buzz.yahoo.com/buzzlog/92914?fp=1)
you will see what damage mr. selef-centered dumbie did with his stupid comments.....
leo2606
09-23 06:00 PM
nope, I understand, I see valid points in your opposition. I had a similar discussion with one of my friend couple of months back, I did question about how US economy gets boosted by just GC holders buying house.
But any way otherside I was thinking what's wrong in just trying.
You are missing the point of the opposition. What is the fairness in this visa category? Every other category has US benefiting (not short term, but in long term) from us, except this proposed category. Do you think paying 20% down will benefit US enough that they drop every thing and grant you the GC??
Also, how do you define this 20%? A 20% down in CA will get your 5 homes in Alaskan tundra (ok exaggerating, but not by much). This proposal basically comes down to haves and have nots. By expending time on such misguided legislation, you are not only making the immigrants look like cheap opportunistic ****, but also giving enough fodder for the anti-immigrants that we are only looking for our GC without any tangible long term benefit for US (I could pay 20% down, get my GC, and then become a burden on the state).
But any way otherside I was thinking what's wrong in just trying.
You are missing the point of the opposition. What is the fairness in this visa category? Every other category has US benefiting (not short term, but in long term) from us, except this proposed category. Do you think paying 20% down will benefit US enough that they drop every thing and grant you the GC??
Also, how do you define this 20%? A 20% down in CA will get your 5 homes in Alaskan tundra (ok exaggerating, but not by much). This proposal basically comes down to haves and have nots. By expending time on such misguided legislation, you are not only making the immigrants look like cheap opportunistic ****, but also giving enough fodder for the anti-immigrants that we are only looking for our GC without any tangible long term benefit for US (I could pay 20% down, get my GC, and then become a burden on the state).
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