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  • 12samanta
    06-06 04:18 PM
    I called all of them yesterday.





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  • dpp
    06-12 11:06 PM
    Are you sick?

    Go and check how many EB3 India and EB2 India applications approved each year. They are approving double or triple the number of EB3 applications than they approve EB2. Go back to past and ask people not to apply in EB3, then only it solves your problem.

    Its all because of toooooooooo many EB3 india applications in past. So, live with that fact.


    I believe that there is a great flaw in the way the USCIS allocates VISA NUMBERS among EB1, EB2 and EB3 which is very much evident and if we can stand united we can get something done.

    After carefully observing the trend in VISA approval and VISA bulletins, It is a reality that EB3-I is not moving and at the same time EB2 and EB1 are moving fast in relative terms and probably may even become current ( EB1 is already current ), But one thing USCIS is clearly not considering is the Priority Date, which basically means that they are not giving a damn thing about how long the person from EB3-I is waiting for. Here is my suggestion and some of the IV representatives need to analyse what Iam gonna say and see if they can stand up. Being an EB3-I india myself, i totally agree that EB1 and EB2 should be given a weightage and some preference over EB3, but I dont agree to what USCIS is currently following, EB2 With priority 2006 getting ahead of EB3-I with priority date 2001. This is ridiculous and to even think about it, it just sounds stupid. What they can do is , They can move the Dates in both Categories while giving preference to EB1 and EB2 first.

    Please dont jump up & down before i complete. Iam just giving you an example of how things should work and how they can move dates forward for all 3 categories while maintaining that EB1 and EB2 gets preference over EB3. Let us ignore Eb1, since it is already current. Now Coming to Eb2, the priority Date is 2004 for them.Ideally speaking, They should not move them ahead until atleast EB3 reaches 2004. But once Both EB2 and EB3 reaches the priority date of 2004, Obviously EB2 gets the preference over Eb3 and EB2 will start to move ahead but not by much, let us say 1 year. Now, Clearly, EB2 is still given the extra preference over EB3 but at the same time, we are maintaining the priority dates between EB2 and EB3 as close as possible so that the system is not totally unfair to EB3 filers. I think, as one of the un-biased Organisation we should stand up against this unfair treatment in general. I hope even EB-2 will understand what iam trying to say.

    let me know if iam making any sense. If am wrong, also let me know. So that i can get a better understanding of things and correct myself.





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  • bugsbunny
    04-20 06:33 PM
    a special "Debate thread" (not fight :) ) where anything goes is probably not a bad idea at this point. where certain members who want to debate can be granted access

    The constant hijacking of every thread is getting tiresome. :(





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  • kubmilegaGC
    09-15 09:59 AM
    I believe it was last year(not sure exactly) when USCIS started this new initiative where the AILA members can send an email and "Remind" them that a particular case is current. Basically you will send an email with the subject

    EB I-485/SEPT or EB I-485/OCT or EB I-485/DEC (Month of the VB when you will be current)


    and the body will have just the A #s

    A123456789, A987654321


    Note if you have multiple A#s (self, spouse etc) seperate it by comma.

    send it to
    streamline.tsc@dhs.gov OR streamline.nsc@dhs.gov

    You will get an automated reply with in minutes

    I not sure whether this works...but hey who cares all that you are doing is sending an email.

    OR the lawyer has to send this email...very trivial question but I did not get that from your post. Thanks for sending this along...I dont know if many of us knew. Thanks again.



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  • Macaca
    11-19 11:52 AM
    Mr. Dobbs is known for his strong views against immigrants, including considering immigrants to be responsible for the spread of incurable diseases such as Drug-resistant Tuberculosis, Leprosy etc. From past experience on CNN, he is also highly likely to blame the current crisis in Auto Industry to the so-called "importation of cheap labor from third world countries".


    Lou Dobbs Tonight 03/28/2007 (http://transcripts.cnn.com/TRANSCRIPTS/0703/28/ldt.01.html): "It's pretty remarkable. Four hundred thousand H1 visas each year."
    From How many H-1B visa workers? Counts vary (http://immigrationvoice.org/forum/showpost.php?p=114543&postcount=737) VALLEY EMPLOYERS AMONG TOP USERS By Chris O'Brien (cobrien@mercurynews.com or (415) 298-0207) | Mercury News, 07/15/2007

    The federal government awarded 124,096 H-1B visas in the fiscal year ending October 2005, the most recent annual totals available. That includes renewed visas, which don't count against the annual cap.
    From Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)

    Page 5: Number of H1B petitions approved for initial employment is 116,927. The number of approved petitions exceeds the number of individual H-1B workers because more than one U.S. employer may file a petition on behalf of an individual H-1B worker.





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  • polapragada
    04-26 06:16 PM
    I have seen so many in this forum spits on L1. This is really bad, we all belong to one family and one kind.

    If some one thinks L1 is more advantagous why don't those people join TCS or some thing...

    Well let me put some of the Disadv.

    1. On L1 one canot change the job. If you want to change the employer you should have H1B
    2. L1B salaries are 20% less than H1B on AVG
    3. If employer want to send you back (For any silly stupid reason) you are gone
    4. Most of the companies like TCS, INFOSYS, WIPRO won't file green cards for 99.99% people
    5. On avg a L1 person stays in US in a trip for 1 - 2 years.


    Now think!

    And above all as I said all those L1 are living in this country legally like me and you, living a painful uncertain life. Because the time is bad now we can't blame them.

    Some one talking about getting laid off with TCS employee. just recapture the 5 or 8 years back when you replaced a AMERICAN CITIZEN and you can't call people as idiots ... its street clear.

    Well some of you may not agree with me, but if you want to respond harhly just visit any L1B guys house some how they are living.

    Unite, Fight! Don't fall for same old british divide and rule tricks.



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  • optimist578
    02-06 10:43 AM
    Though they run for non-profit.

    So public schools Elem/Middle/High , still have to go thru nornal H1B process for teachers, have to wait for OCT1, start date.

    If a new H1B visa application does not run against the regular quota, I don't think he has to wait till Oct. When my H1B got approved (under quota), I started in 2 months - February in my case.





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  • anilsal
    11-15 02:12 PM
    Why do people spread the false propaganda that H1Bs do not pay taxes? This is utter nonsense.



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  • AabTuAgaGC
    06-15 05:46 PM
    Damn! Is there anything straightforward and easy in this GC process. :mad: :mad:





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  • mhathi
    11-06 03:46 PM
    Again, I am not here supporting more numbers or less number in H1B. Because this forum and our organization is nothing related to H1B. We are for Employment based Green Card reforms. I rest my case....Thanks for interesting (and correct) opinions.

    Agree completely. IV is for EB GCs and not concerned with H1B. I simply hope that Senator Grassley takes EB into consideration or at least does not oppose somebody else in introducing EB legislation, even on condition of his reforming the H1B process (which I do beleive is needed nonetheless).



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  • mpadapa
    05-23 03:45 PM
    Well Rep Lofgren is one of the two lawmakers in the House who have background in immig. issues (she was an immig. attorney).
    If she doesn't have an obligation to solve immig. issue who else will have? It is her expertise and she want to solve the problem. Give her a chance, by supporting her effort on the 3 bills.

    WHY is she backing the bill..what is her motivation? or did she just decide to do a gandhi on us all?

    > i am not berating anyone for that matter!

    When lawmakers support certain bills..its because of the interst groups that back them..not their inner calling!



    "If that is the logic then why do you think that lawmakers will work on "immigration" bills. After all the "immigration" bills only benefit folks who don't vote immediately. "





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  • franklin
    07-12 10:24 PM
    This is the press release prepared with help from the Core. Please send it out to your friends, journalists and other contacts.

    http://www.touchdownusa.org/SanJose/SanJoseRallyPR.pdf

    Best of Luck for the rally.

    Wonderful - thank you so much!



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  • pa_arora
    01-31 02:03 PM
    i had 25 of my friends voted for it and now its on number 3 and 11 respectively.

    WOOOO HOOOO.
    running around to have more peoplr vote for it...

    make it number 1 guys.





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  • Ramba
    02-18 04:32 PM
    Ramba:

    if the transfer/extension of H1B gets rejected after travelled on AP, is it possible to move on EAD and continue working legally? I am talking worst case scenario here.

    Although my lawyer confirmed that one can still have a valid H1B status after travelling using AP. My co-worder is still in doubt. Our corporate attorney seems to be clueless for this tricky situation.

    Even USCIS is clueless. My feeling is that generally (about 70-90% time) they will grant the extension/transfer as it brings lot of revenue (fee) for them. But, if some officer may feels that, to seek the transfer cum extension one should be in same status. It is hard to convince them in case of RFE, as there is no specific memo/policy/regulation for this situation. It also fuels the natural doubt of the officer?. Why the AOS applicant entered on AP seek non-employment chage of status (instead of using EAD)? Using EAD and AP is simple and avoids complications in employment transfer. This is my view.

    To answer your question, you can use EAD in case, if your H1B transfer fails.



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  • fasterthanlight�
    06-10 03:54 PM
    Ya i might want to redo mine too.





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  • SGP
    03-29 03:18 PM
    $$$$$$$$$$$$$$$GOOD AFTERNOON GC$$$$$$$$$$$$$$$$

    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

    Dear IV Members,

    If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
    As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
    If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.

    For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
    Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)



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  • kc_p21
    12-09 09:29 AM
    Bump!!





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  • natrajs
    09-17 04:59 PM
    KubMilegaGC - thanks for all the support.

    I am now waiting for October 1st, attorney said that they will send an inquiry through AILA. I am not sure if I should call USCIS now, as they tell me to call after 60 days based on the response they sent to the inquiry that was made by the local senator.

    I also got a response for my 09/04 Infopass appointment today. It says "Based on the documentation you have provided, your cases qualifies for expedited processing. You should hear back from us within 45-60 days. If you do not hear back from us within 60 days, please call us back.

    I have no clue what that means? I have not provided them any documentation in the last 2 years. LUD on my case is from April 2009 (when I filed for AP/EAD) and status update is for the document they sent to me for FP in September 2007.

    I filed for AP last year in May 2008 and didnt see any updates at that time either. I have no idea where my case is or whats going on with it. Let's hope for the best.

    Again, congrats to you. After 16 days of pain and agony, I am glad you got your GC today, you can now relax and move on with your life. You too have been great support in the last 3-4 days.

    Keep the hope, You will get it , Good Luck and Best Wishes





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  • gc28262
    01-28 04:39 PM
    I didn't find where in the PDF AILA is saying the definition is illegal!

    They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).

    Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?

    AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
    Page 3
    The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
    AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.

    desi3933,

    Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
    Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.





    chanduv23
    12-17 10:18 AM
    Hi Chanduv,

    Possible to post a format on IV...with information pertaining to visa recapture etc.

    Regards
    Vsach

    Sure, anyone can come up with a template. It is members who drive this thread. IV is all of us, you and me and all





    misanthrope
    10-03 02:30 PM
    You want me to come here and argue with people who can barely speak/write good english? People who defy the basic tenets of an argument.. (attacking the person as opposed to attacking the argument)?


    So freakin' true.