Thursday, June 30, 2011

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  • laksmi
    12-12 06:23 PM
    You are not supposed to work on EAD until unless it�s renewed that is sure, you can work on H1B for your H1B employer if H1B is not revoked.
    I suggest a attorneys advice on H1B once.





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  • Blog Feeds
    04-06 10:50 AM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    The Barack Obama Administration recently announced that border guards at United States Ports of Entry (POE) will begin screening aliens arriving from certain countries based on specific information about threats to the USA. The immigration attorneys at Los Angeles' Fong & Chun immigration law firm are advocates for national security balanced against sensible protections for civil rights. We hope this change will reduce the number of unwarranted, unreasonable, and (usually) unfriendly challenges to certain arriving visitors.

    Since the New York terrorist attack in September 2001, the USA has maintained a list of approximately fourteen countries (the so-called "group of fourteen") which are considered to encourage state-sponsored terrorism, or which are believed to provide assistance to terrorists. The US would not even officially name the specific countries, or confirm the exact number of countries, on the list. All citizens of one of these countries -- of any gender, any age, any social class, any educational level, for any reason -- would be subjected to additional interrogation by US Border Guards.

    The newly-announced change sets up a system which uses intelligence information and threat assessment -- about specific persons, specific targets, and specific descriptions, to identify passengers who might have a link to terrorism. Quite properly, those persons would be subjected to additional scrutiny. Others who do not meet the more reasoned threat profiles would be allowed to enter the USA in the way of other visitors.

    For example: most people in the know would say that the Islamic Republic of Iran was part of the group of fourteen. All citizens from Iran -- absolutely all -- would be pulled aside and interrogated at POEs. Under the new system, if the US has specific information about a 26-year old male Iranian student, or an Iranian woman with a certain name, or even someone with a partial passport number, then persons meeting those descriptions will be pulled aside. This allows border guards to focus their efforts on persons about whom the USA has specific threat-related information. --jcf





    More... (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html)





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  • unluckydude
    06-01 10:00 AM
    My online 485 status shows "card/document production" for a long time now and I did not get the card yet. I had contacted USCIS several times thru lawyer and never got any reply. My lawyer said that could have been a mistake.

    I finally called hte USCIS directly and got the reply from the Phone rep that my 485 is approved and will open a ticket to find out why my card has not arrived. After a week or so I got a letter from USCIS quoting my earlier call and said my PD is Jan'04 and currently the availablity is only for Apr '02 and I have to wait till the PD is current for case.

    There was never an explanation about why my online status shows the card/document in production.

    In this case, what are my options ? Please help.

    Can't explain the kind of emotional and psychological trauma we go thru ever since we saw online status and subsequent messages from USCIS.


    -Unlucky Dude





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  • jaya_chh
    09-19 11:35 AM
    Hello All,
    I got my H1B in 2006 and started working in Nov 2006. My employer while filing my H1 petition- on my LCA mentioned that I would work in OH.

    From Jan this year, I started working in NJ but my employer did not file a LCA for NJ.

    Now I have to get my H1 stamped from Mumbai consulate and the lawyer tells me that this could be a problem.
    As of now, he filed LCA for NJ, but says that he doesn't have a answer to why it was not done in Jan and that my stamping at Mumbai.

    Has anyone faced such a issue.

    Please share your experiences and views.

    Thanks.



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  • watzgc
    11-05 07:47 PM
    friends, any reply? thnks





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  • GC444
    08-11 10:24 PM
    all my games, Gamesboys, GameCubes, my bike, tennis rackets and all. Since I am addicted to IV so much I don't have time to play.
    My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:

    I would rather do that millions of time (diaper thing) then wait for the stupid GC , i would do anything for the baby !!!!!! Your wife is right !!!!



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  • sarosi
    04-16 09:41 PM
    I have the following status working with the original H1B employer who filed for my green card petition:

    1) PD Jan, 2007, EB3-I
    2) I-140 approved and pending AOS
    3) 2 yrs. EAD available, expiring Sep. 2011
    4) H1B will be expiring within 3 months (1 year left from 6 years limit)

    My questions,

    1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
    full time employee.
    2) If yes, is it required to inform INS? How and when?
    3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?

    Answers to my above questions will be highly appreciated.:confused:





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  • same_old_guy
    10-23 05:31 PM
    Who told you that ? I am sure it wasn't any lawyer !!



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  • Blog Feeds
    06-03 03:40 PM
    VIA AILA

    FOR IMMEDIATE RELEASE:

    Wednesday, June 3, 2009CONTACT:

    George Tzamaras
    202-507-7649
    <a href="mailto:" gtzamaras@aila.org"="" style="color: rgb(51, 102, 153); ">gtzamaras@aila.org
    ATTORNEY GENERAL HOLDER RESTORES DUE PROCESS FOR IMMIGRANTS INJURED BY INEFFECTIVE REPRESENTATION:

    AILA praises decision by Attorney General to withdraw Matter of Compean.

    WASHINGTON, DC*� The American Immigration Lawyers Association (AILA) welcomes the restoration of due process in the Immigration Court system. Attorney General Eric Holder today withdrew the decision issued by former Attorney General Mukasey on the last day of the Bush Administration, which had eviscerated the right to effective representation in Immigration Court proceedings. Attorney General Holder had stated during his confirmation process that he would review the Mukasey decision and that he disagreed with its reasoning. AILA is grateful for this restoration of a basic constitutional process�Due Process, in the immigration court system.

    AILA commends Attorney General Holder for living up to his word, and for his clarity of understanding of not only the constitutional principle of due process, but also for the boldness with which he acted today. �The restoration of the prior standard for claiming ineffective representation in immigration court proceedings is a welcome sign that the Obama administration understands that the rights that apply to the least of us, apply to all of us,� said Charles H. Kuck, president of AILA. �By ensuring that immigrants seeking relief from the harsh consequences of deportation are assured that they will not be punished by the ineffective actions of their counsel, Attorney General Holder has reset the standard that the Constitution ensures. Today�s action, along with the other positive signs from the Administration signal that a restoration of our most sacred principles of justice has begun.�

    ###The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.




    More... (http://ashwinsharma.com/2009/06/03/aila-praises-decision-by-attorney-general-to-withdraw-matter-of-compean.aspx?ref=rss)





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  • Saralayar
    07-10 05:45 PM
    IMO there is a good chance you will qualify for EB2. When doing educational evaluation, you should base your claim on your masters degree. That way you would qualify.

    The worst part is in justifying an EB2 case. As the job market is very bad and many US citizens with the required qualification for the position are available, it will be very difficult for the company to justify that no one in this country is available except you for this position. Lot of big companies are afraid as there is a strict AUDIT that will be enforeced by USCIS in case they have a doubt about the non availability of a citizen for that position.



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  • calgirl
    08-07 03:27 PM
    I have maybe a similar scenario..

    MY 485 and old EAD have SRC hence at Texas. But I noticed that my new EAD has been applied for and has LIN.
    Any ideas why would my lawyer do this?





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  • mrajatish
    04-26 11:41 PM
    That is just so wrong - you need BS and MS, it does not matter how long your MS takes.



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  • gg_ny
    10-18 10:46 AM
    Hi,

    I anticipate an inevitable situation arising out regarding my parents' health, that would require us to move back to India sometime in 2007. My EB2 NIW PD is Dec 2004. Does somebody out there with knowledge about issues and procedures connected with transferring from AOS application to Consular processing in India?
    Thanks.

    -gg_ny





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  • salvador marley
    04-24 05:47 PM
    sorry here



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  • GCDreaming
    10-25 10:56 PM
    All,

    I am currently unemployed and my spouse needs to travel to Mumbai urgently. Our AP is valid through November 30, 2009. Will there be any issues for my wife when she comes back - possibly because of my current status. Wife is employed (with a different company)& the EAD/AP was filed by my last employer. Responses will be appreciated. Thanks!





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  • MYGCBY2010
    07-23 03:12 PM
    Me and my spouse both work on H1B and I am applying for I-485 along with EAD/AP for both me and my spouse. My question is since my spouse is already in H1B with certain job title which was mentioned in one of the documents that was filled with i-485, when spouse uses EAD does she need to be looking for similiar jobs only?. Please clarify. Thanks in advance.



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  • aaren253
    02-19 02:50 AM
    I am 15 years old travelling alone on American Airlines from Toronto YYZ, Canada to Delhi, India via Chicago ORD. Will there be any problems for a 15 year old travelling alone.





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  • rajenk
    11-18 05:38 PM
    What I have heard was they ask for a copy of I-140 approval. No Original needed. Also I don't think you'll get the original I-140 approval, that is a petitioner's document to own. You should be able to get a copy of I-140 from your employer/attorney.

    Make sure to get the original approval copy. Not the courtesy copy. The courtesy copy will clearly state that you cannot get any benefit/proof based on that copy. When you get a copy make an extra copy of it. It will help you for future needs.

    Yes for 6+3 year extensions they ask for copy of approved I-140s.

    Hope that helps.





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  • chna
    06-30 11:46 AM
    Hi Friends,
    I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
    Any thoughts or advice on this? Appreciate all the help.
    Thanks a lot.





    chintu25
    08-16 02:36 PM
    hI wALKING dUDE tHANKS FOR jOINING IN .....yOU CAN HELP BY POSTING BANNERS AND POSTERS IN groceries and temples and other places such as gyms etc to propagate our cause . You can find the slogan/banners in thread posted on mainpage or i can email u some all the best





    f1vlad
    05-10 09:26 PM
    Hi, I have strange situation, when I check status of my I-485, this is what I see:

    http://i.imgur.com/8beDR.png

    According to their site I've already should have received either approval or denial of Applicatio to Adjust Status (I-485).

    So my attorney called customer support # and claims that service representative told her that it refers to something mailed other than approval or denial having being mailed.

    Well, since my attorney couldn't figure it out, I decided to call myself today. In my case, customer service rep told me that she isn't allowed to tell me whether it was approval or denial, but she said that it must be either one of the two. She offered to send me a copy of what was sent on Sep 2007 as per this screenshot above. So now I have to wait up to 45 days to see what it is.

    I am wondering if anyone else has seen similar thing happen.

    By the way, my priority dates aren't current. I am still in backlog, hence I am not so optimistic this could be approval or denial. I am actually more afraid whether or not my paperwork got stalled or something and it'll now never get resolved because of according to their system the matter has been resolved.

    Anyway, if anyone has any advice or ideas that'd be appreciated,
    Thanks,
    Vlad



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  • rajuseattle
    08-15 03:40 PM
    Hello BRIT_GS

    Was your I-140 applied in Premium Processing?





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  • bskrishna
    09-15 11:28 AM
    This method of collecting funds to get to a target and execute a pre-planned POA is great! I like this method, where we commit to funds and when we know, we have enough, we pull the trigger. But we need to have a plan and estimate the costs of that plan. This is a great way to go about, i think.





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  • gccovet
    02-09 11:36 AM
    Akhil,
    I will mail $21.00 Cheque today itself.

    As soon as 5K has been collected, I will contribute another $50.00

    GCCovet.





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  • StarSun
    02-23 08:43 AM
    Take part in something positive and help IV help you. Join the advocacy efforts - Register (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)



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  • bsnf
    07-07 12:02 PM
    DC is the right place even on a weekend also just protesting infront of the uscis office will get media attention .....we should plan for this.i know less than 1000 people will be a failure ..can we try to get the mood of the IV for this kind of event ...

    I live in Raleigh, NC and am willing to come to DC. I will try and check if any of my friends are interested.





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  • TheOmbudsman
    06-26 12:20 PM
    I respect your opinion.

    There is no indication that "Republicans" are taking a hit by not passing the bill. In fact, if you go to Congress.org you will polls there showing that Americans prefer no bill instead of "a bad bill". By bad bill they mean, the amnesty one, CIR.

    Folks, what we need to remember is that this country is still a democracy. When you see AILA - which is a reliable source in this case - reporting that 400:1 calls are being placed against CIR, that is a serious business. Looking at results of recent elections, you can tell that there is increasing indication that voters are paying attention to candidates which are strong in immigration records. Sen. Bilbray (R) recently won the election in spite of Republicans poor performance. In my state, Maria Cantwell (D) is showing no gaps against an incumbent, who happens to be Republican. In Utah, Sen. Cannon (R) but pro CIR is fighting very hard against an incumbent. Election results for this will be known tomorrow, but the fact that he is fighting is the indication one needs to believe that representatives fighting against CIR/amnesty are looking good, regardless which party the individual is in. CIR is known mainly is an amnesty bill. Therefore not passing CIR seems to be perceived by voters as a good thing. Also, there are already many laws that if executed, could aleviate the flow of illegal immigration and provide some security to the border until the House gathers enough support to pass a more enforcement only bill. Personally I have hopes that IF the House proposals prevail after the elections in November, then it is when we could see a kind of Cornyn/Kyl bill passed ?

    Now you say, how can the above post help our cause ?
    I think we need to start by having a clear picture of what's going on. If we continue this route of expecting that a bill with amnesty provisions on it will save us, you many need to be prepared for a long wait to see that happening. If it is true that our lobbying efforts are useless and have no chances to leverage a bill of our own cause, so darn, I will just pray, watch, give no donations and wait in a very passive way and see what happens.

    IV has done a great job by making all the contact information with the lobbying group, now we need to engage them to lobby for our bill only. If that's not possible, then I think there is no major reason to donate or take action on this anymore. Just wait and let the big guys (AILA, Catholic Curch, Laraza) battle for CIR and see what happens.


    I find it slightly amusing that your perception is that my perception is distorted. I am not a member of the core team and my remarks are my personal opinion. If I am wrong, well, then I'm wrong. If I'm right, these posts will be buried so far in the thread that it won't matter at that time.



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  • dkshitij
    11-17 03:21 PM
    It is correct. We are talking about both kinds of kids. And saying that not having greencard affects the quality of life for the family.

    Agreed. better might have been,

    "The current long green card delays also cause deeply disturbing quality of life issues even for the children born inside of the US, but whose parents are high skilled immigrants caught in this seemingly never ending delay."

    just my two cents.

    These changes won't make much difference. Still the email is a very commendable job. Thanks!





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  • VK373
    06-11 04:55 PM
    I know one of us got it. Any one else ?

    Yes, All of my checks got cashed today and i got all the reciepts in mail. RD is 06/01 and ND is 06/06 from Nebraska.



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  • desi3933
    06-28 06:46 AM
    desi3933,

    Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).


    "(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --

    The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.

    Thanks for your reply.

    H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.

    Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).

    Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.

    Now, coming back to your quote
    "(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.

    In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.

    It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.

    Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.


    Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.



    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • royus77
    07-07 08:50 AM
    The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
    If we dont get the GC yearly number increased for India , we should plan to go back,..
    How long can i wait to file 485..I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
    They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.

    The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us

    In one way we should be happy that the USCIS is cleaning its internal backlog,

    Please go back .Why wait for the change in law .No one is stopping you . Dont discourage



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  • man-woman-and-gc
    09-13 11:20 PM
    Yes.

    We have thousands here. We take just 1000 people and if everyone contributes 100 dollars - its 100,000 dollars. Just an estimate for lawyer fees incase we get that far

    We are from BHARAT. Its a loaded statement. WE dont lose.

    TOGETHER WE STAND, TOGETHER WE STAND my brothers and sisters.

    It sounds easy..but funding drives are not always easy when reality strikes...how about starting a spreadsheet with names and ph# of people who are willing to contribute $100 for this lawsuit. As soon as we have the 1000th name, we start depositing money to a bank account. 100 grand is not small amount and I am sure we can find a good enough lawyer to start a lawsuit for that kind of money.

    I and my wife are ready with our 100 bucks each.....and can help with maintaing the spreadsheet etc.... how do we get those 1000 names now....or do we even have support of 1000 people around here...that is the biggest question.





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  • gcgonewild
    09-15 05:38 PM
    I 've sent pm.. please update the google doc.



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  • alterego
    12-14 08:38 PM
    I myself will not support for skill Bill in current form. Too much H1b numbers will not only create a problem for US citizens it will also for current H1bs as well future H1bs. That 20% automatic adjustment and exemption for Cap for MS persons will increase supply and it will be tough to find a job if too many people are in the market. There are abundant jobs in India. Let people wait in India for 1 or 2 years to come here. Sustained immigration without increasing unemployment is better for US as well as potential immigrants. Otherwise Hate will increase. It may be easy to talk Capitalism and fittest will survive. When those people talking will be unemployed for more than 6 months with kids in the family will realise the truth. In the Forum most of the people are young and they did not face any issue other than Green card.

    But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.


    You are absolutely right, but that is not the sort of solution that Corporations see as what would raise american competitiveness. That is what this whole thing is about.





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  • Hewa
    11-17 04:10 PM
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  • chandarc
    07-19 09:43 PM
    I would ask the same question...

    If EB3 and EB2 are equal( unbiased) in eyes of IV, then why sanhari's suggestion is not welcome?

    I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.

    Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?

    Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.

    I anticipate and welcome reds, greens, blues for this post :)





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  • senthil1
    05-08 05:48 PM
    It is true that country quota is a discrimination. But when you just try to remove the country quota other country persons are going to oppose as they will be impacted if country quota is removed. But if you try with other agenda like recapture then opposition may not be strong and also every one will get benefit.

    QUOTE=hindu_king;339926]Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.


    Subject: Discrimination of Indian Immigrants

    Dear President Obama,

    I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.

    One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.

    President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.

    Thank you President Obama and you are doing a wonderful job!

    Sincerely,
    Xxxxx xxxxx[/QUOTE]



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  • BECsufferer
    01-30 07:49 PM
    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?

    Hmmm ... not generating salary, means you are not working currently. But your employer hasn't revoked your H1 ( or work authorization, i don't recall exact term), which mostly they do or are supposed to do. Which is good, if you have freindly terms ask for to be sent on un-paid leave. Plus if you have paid leave pending, maintain that so incase your employer has to issue pay check, he can tap into this.





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  • diptam
    08-18 01:41 PM
    Dividing IV on the Lines on EB2 or EB3 or on basis of ROW/India is something i just dont like. United we stand !!!!!! .

    I saw couple of threads earlier from you which talks against porting of EB3 to EB2 - i believe you had some lawsuit idea there for not allowing BS+5 to port to EB2 which is think i highly divisive and unfair on certain peoples

    Lets come up with ideas without stepping on each others shoe and i'm 100% willing to join.

    Here is what I propose:

    1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
    2. Please contact your lawyers to see if they have contact in AILA.
    3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth





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  • aquarianf
    04-25 10:27 AM
    [QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE

    as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

    Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.





    akhilmahajan
    02-25 03:49 PM
    Thanks a lot everyone.

    Grand Total - $1845

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.





    qplearn
    12-10 09:43 AM
    What we need is a interim EB bill.


    The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those..
    To summarize a discussion with Tito, Rajeev, and go_gc_way on another thread: we should ask for 3 non-controversial things first. We can, if we need to, ask for more things in Step 2.

    1. Ability to file for I-485 without current PD.
    2. A renewable EAD of 5 yrs.
    3. Recapture of unused visas from previous yrs (only if this is not controversial).

    Guys and gals, a silver medal is better than a gold medal. The SKIL bill is a gold medal, but the bottomline is we did not win any medal on Friday. Also, I support nycgal's opinion on re-evaluation of our lobbying partner.



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  • rajsat
    10-01 11:59 PM
    both notices say september 28th





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  • ganguteli
    06-09 11:51 PM
    http://www.uscis.gov/files/pressrelease/LVisa_12_9_2004.pdf

    Please refer this document and it will answer your doubt. To be specific L1B resources cannot be deployed in client premises on projects managed and controlled by client (known consulting assignments in technology world). This is just part of the violation. Second... L1B resources cannot be used for general technical skills (java/.net/oracle/production support etc) BUT can only be used for their speciality skills (while processing the L1 visa outsourcing companies shows some internal tools to prove this point). Hope this cleared your doubt, I am pretty sure that now you will be able to find a lot of violations in using L1B resources. L1B resource usage is so common that most of us who are aware of immigrations statuses even doesnt know about this .. forget others including our clients and their managers.

    Thank you losers guild member.





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  • gc4me
    01-09 10:13 AM
    I think we should not mention the bellow point in the letter which we are going send to the president.
    Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.

    According to Mr. Aytes, USCIS is already working on it. Why to mention it in the letter?
    That will rather give anti-skill-immigration crying babies one more thing to cry about.


    Now what? Under the new filing fee schedule which took effect after July 29, 2007, issuance of EAD and Advance Parole for the post August 27, 2007 is "free, free, free" for the I-485 filers. Allegedly, the cost is incorporated in the I-485 filing fee of $1,020. The new regulation uses the term of "fee waiver" for EAD and Advance Parole for these I-485 filers. Now, you guessed it! Lo and Behold, the business calculation on EAD and Advance Parole has reversed. The DHS will lose a huge money by issuing single-year EAD and a separate Advance Prole document on a yearly basis over and over since they are free and they will have to keep producing it at no charge every year, which creates a huge workloads consuming its huge human resources and other production costs. This is particularly unacceptable to the agency under the predicted State Department Visa Bulletin for FY 2008 and in the future. Now, from the business standpoint, the DHS may make a huge money by issuing a multi-year EAD which will also function as a travel document. Ahah! No wonder why they are finally coming forward revealing their hidden agenda behind the new fee rule-making and EAD/Advance Parole reform business. Reportedly, Mr. Aytes of USCIS disclosed in a New York AILA conference that the USCIS was currently working on a single multi-year EAD card that will also replace the Advance Parole document. What a smart calculation it was in the new fee rule-making action





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  • ajay
    11-09 01:03 PM
    I mailed those letters physically by mail. No replies yet though!!!



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  • BharatPremi
    03-26 10:47 AM
    I understand your frustration. I have heard similar things from employers about hiring people on H-1B.

    Are you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.

    Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One.

    I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. (http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm) If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.

    Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority.. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first.. That is practical reality:)





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  • asethura
    08-16 11:35 PM
    Hi All,
    I got the I-485 approval/welcome notice from USCIS for myself and my spouse today. But the wierd thing is that my NSC online status still shows RFE response received and case pending (from 2008)...the welcome notice says I should expect to receive the card in 3 weeks...guess I am greened.
    Anyone else face a similar situation?
    Thanks.

    PD: Feb 16th, 2006
    EB2-India
    NSC



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  • andy garcia
    07-10 07:43 PM
    We all know that IV is not Indian. More Indian!=All Indian. Lets not worry about it and most importantly I request IV members from all countries to ignore it as a reporter mistake as they script stories in their fashion to elicit more coverage. It is almost impossible to edit the story that has been distributed by Reuters/AP. Once its gone, its out of their hands.

    Maybe 80 -90 % Indian.:)





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  • MARY_GC
    06-28 12:10 AM
    Hi,
    Can anybody pls help me with regard to my situation.As my kid was born in india Whether i need to apply employment authorisation/EAD (I 765 application) for my kid..We asked the attorney she told u can do what ever u want.Anybody in this situation?or anybody have applied EAD for kids under 14yrs ?
    thanks



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  • nmdial
    09-24 12:06 PM
    The link is still there: (if you meant the pending list)
    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf





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  • CADude
    09-19 04:06 PM
    J. BARRET:

    sanjayb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 08/05
    Ashres11 - 2nd July/ 10:28/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN
    Sairam - 2nd July/10:28/FedEx/J.Barret/NSC/140 - TSC/No RN - 07/28
    InsKrish - 2nd July/10.25/J.Barret/NSC/I-140 approved from TSC/No CC/RN
    sudhi - 2nd July/ 10:25/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN
    Danu2007 - 2nd July/10:25AM/J. Barret/NSC/140-TSC/NO RN
    Triviagal - 2nd July/ 10:25AM/ J. Barret/NSC/140-TSC/NO RN
    rkartik78- 2nd july/10:25am/ J.Barret/ I140-TSC/ NO RN NO CC
    GCFISH- 2nd july/10:25am/ J.Barret/ I140-TSC/ 485 went to NE/NO RN NOCC
    rexjamla- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
    kmkanth- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
    BU007- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
    veerufs - 2nd july/10:28am/J. BARRET/I140-TSC/NO RN/NO CC
    123456mg - 2nd july/10:25am at NSC/J BARRET/I140-Approved from TSC/NO RN/NO CC
    aussie731- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC


    R Mickels :

    giddu- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    mahendra_t - 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    Satya- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    pareshtyagi- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    rgvrgv: 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    sapking - 2nd july/9:01am/R Mickels/ I140 pending-TSC/ NO RN NO CC
    smshen- 2nd July/9:01/Fedex/R Mickels/NSC/140 - TSS/No CC/No RN
    gcgoodluck- 2nd July/9:01/Fedex/R Mickels/NSC/140 - TSC/No CC/No RN/No data
    dudenj - 2nd july/9:03am/R.Mickels/I140-NSC/NO RN/NO CC/NO EAD


    F HEINAUER:

    cadude- 2nd July/11.11am/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
    helpme1234-2nd July/11.14am/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
    cowboy-2nd July/12.34 pm/F HEINAUER/NSC/1-40 TSC/NO RN NO CC


    R.Williams :

    venkat_gc-2nd July/7:55am/ R.Williams /I140 -TCS/ NO RN NO CC
    Jignesh - 2nd July/7:55am/ R.Williams /I140 -NCS/ NO RN NO CC, NO DATA IN SYSTEM

    C UHRMACHER :

    Bayboy -2nd July/8.oam/C UHRMACHER/I140-TSC/NO RN NO CC
    nk2007-2nd July/8.26am/C UHRMACHER/I140-TSC/NO RN NO CC

    OTHER :

    bhushansd- 2nd July/9.1am/NSC/1-40 TSC/NO RN NO CC
    zdong -- 2nd july No check encash/No RN
    HNaik-2nd July/10:04am/ Armstrong/I140 -TCS/ NO RN NO CC
    mashu - 2nd july/11:34am/Gerkenmeyer/I140 TSC/ No RN No CC
    abhis0 -- 2nd july/11:34am/Gerkenmeyer/I140 TSC/ No RN No CC 140 LUD - 08/05
    noendinsight- 2nd July/NSC/1-40 Approved NSC/NO RN NO CC



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  • gc_chahiye
    06-26 01:45 PM
    Folks,

    This is the best I have come across :

    husband files for himself - I 485
    Wife files for herself - I 485

    If one of the apps are approved, the other can Join.

    No risks....

    yes, this sames to be the safest option. only catch seems to be:
    - if you are on EAD, then you how do you join? your EAD is based off your I485, which u are presumably abandoning so you can join the other application.





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  • pappu
    06-21 01:55 PM
    MAN !!! this is confusing ...
    -- Sheela Murthy says not to apply multiple I 485
    -- Rajiv Khanna says you should apply
    -- My attorney says .. it is my call....
    -- some guys tell me ... apply independently and then join the one that is reaching towards completion..

    and I am confused and frustrated........
    but really .. what should a man do ??? I will kneel down and ask god .. I will let you guys know what he has to say ..... :(
    ArunAntonio, can you pls help search other threads so that we can lay all arguements in one thread and see how different lawyers approach this issue. Only pick answers from lawyers and no opinions. Once we have all advices in one place it will be easy to decide and see pros and cons



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  • royus77
    06-20 05:15 PM
    please clear the doubt .. Affidavit of support is it I-134 or 864?


    Its I-134 document





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  • Robert Kumar
    03-31 07:04 AM
    If its an April fool Joke we should know on Apr 1st
    Otherwise we will know in 2nd week.

    Dont think so.



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  • logiclife
    01-02 06:56 PM
    Hi,

    This afternoon I bought David Heenan's Flight capital which by this time most of us know is going to be a useful and authentic source of information to make our case of retrogression relief.

    I am going to post the contents of the book here. I read the first 10 pages and they are PRETTY PRETTY GOOD.

    If anyone else can purchase this book and also another book by Richard Florida and post factual contents that would consitute our letter to congressmen, that would be swell.





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  • h1bmajdoor
    01-10 08:12 PM
    That is naive... AC21 is not an administrative decision of USCIS... It is a law... AC21 = American Competitiveness in the 21st Century act!! It was passed by congress and the only body that can revoke it is congress.

    USCIS cannot revoke AC21.. only congress can. Please dont be paranoid. The most USCIS can do is refuse to change their current stance on same/similar job.

    Gurus, correct me if I am wrong.

    i am not a guru... but CIS can easily make things more difficult for you than congress intended.

    namechecks are not authorized by congress (for GC anyway), by CIS uses them to screw people anyway.

    "same or similar" in AC21 is a good enough clause. Do not needle them to come up with a rigid rule, because whatever they come up with will be worse than what you have now.

    At least now they have some leeway to help you, and you have _some_ chance to move in career.

    jeez...



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  • Saralayar
    04-23 02:13 PM
    Guys,
    Time to think and raise our voice about the path to Citizenship for LEGAL IMMIGRANTS. No politician is talking about legal immigrants.





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  • sammyb
    10-01 08:25 PM
    that was close ... 1/21/05 ... enjoy ...

    Got the "Card Production ordered" Email.

    EB2, PD: 01/21/05.

    Good luck to all.

    Thanks.





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  • saimrathi
    07-14 08:32 AM
    http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070713_687551.htm?campaign_id=rss_topStories

    The Gandhi Protests
    Denied the permanent U.S. residency they'd been promised, high-skilled workers are taking to the streets in nonviolent protest





    alias
    08-07 11:00 AM
    is mentally sick. I am an EB2 and I think this is the sickest idea I have ever heard. What the f@#k is your problem, are you paranoid that you are going to loose your job real soon, why do you need a GC sooner, how is it going to change your sorry life. Dude just concentrate on your work and family; don't try to be a hero for no f#%k'n cause!





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