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  • thakkarbhav
    08-10 02:47 PM
    I understand your logic. No fight for EB2 or EB3 - final goal is the same. The logic of this thread is abosolutely correct. EB3 is waiting on 2002 and EB2 Progressing.....There should be balance based on each individual Year. I have other friends who are EB2 and I know they also support so can bring them in once we have anything concrete. I want BIG rally like 9/18 in DC. We never did anything after it so IV should plan for BIG rally to support EB3 and I think EB2 will be taken care automatically.





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  • logiclife
    01-30 04:01 PM
    Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.

    Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.

    Good point. Employer would be breaking the law by asking you to pay and accepting payment for immigration fees. And frankly, I am not sure if there is a statute or a regulation that prevents that. I think its a regulation. So it would be a regulatory issue, not a statutory issue. And then again, paying would make you a willing participant so I dont know what your culpability would be.

    And yes, desi companies hardly follow the rules and bend/break them every day.

    And I am not saying that you should go or should not go for it. I am just saying that what you hear from them before you start working is only half the story and there are other unethical practices they engage in. So finally its your call if its worth it. Especially if you are close to getting 485 and EAD, then I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.





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  • feedfront
    10-21 01:26 PM
    Hi Guys

    At last today is my day.. online status changed to "Card Production Order" :)

    Hope every one will get soon.

    Thanks
    onemorecame

    Congrats dude, I had told you to hang in there and you would hear something in a week or two.





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  • lazycis
    12-20 08:53 PM
    Phew! I didn't know that I was out of status for an year. As I dig deep, I came to know how much trouble I am in now. If hope and pray that I wouldn't receive any RFE at the time when IO review my application. I didn't had any problem till now.

    Again, you were not of status. Do not worry, nobody will ask you for 6-7 years of paystubs :)



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  • mbawa2574
    02-15 04:31 PM
    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'

    :mad:





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  • pointlesswait
    11-11 11:01 PM
    great idea...but which moron will give u a loan is the million dollar question...
    :D


    WE SHOULD try to MARKET HOW the high tech IMMIGRANTS CAN HELP THE HOUSING MESS BY BUYING HOUSES.

    Did anyone listen to NPR on this topic recently? Looks like people are open to the idea, but some one has to give more visibility to this topic. Can IV do it.....



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  • abhijitp
    03-17 12:28 PM
    Folks from North California... please volunteer to attend the Advocacy Days (all 4 days). Others in North California may be able to help you with airfare, etc. (Check the yahoogroup for more details)





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  • slowwin
    06-16 01:06 PM
    what happened with this amdt. Did it fail or pass ?:confused:



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  • danila
    07-10 09:09 AM
    Certainty is releated to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."

    Nowhere in that statement he says anything about the name check. It might be just the expired biometrics. And coming from some anonymous immigration officials how can you be sure that the information is absolutely credible or represents the facts and not their speculations? Were those applications really approved or they've just requested the visa numbers for them?





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  • akred
    01-21 02:26 AM
    Assuming everyone stays the course, under these timelines

    1. At least 5% of applicants will be sponsored by their American children.
    2. Another 5% will have their first million and move to the investor's category.

    The timelines would be a maximum of 20 years or so, at which point people would be sponsored by their children.



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  • HV000
    02-14 03:22 PM
    Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.

    I was talking about ONE line. How can you say ROW folks have an equal chance when majority are Indians, Chinese, Filipinos, and Mexicans? ROW will NOT be able to compete with MAJORITY (Indians/Chinese/Filipinos/Mexicans) put together. Keep in mind ONLY 140,000 can clear the checkout per year.

    This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.

    Your statement - "Unlike NOW, where some people wait 5-8 years and others 1-2 years" is very simple to explain. People wait longer because they usually belong to OVERSUBSCRIBED countries.
    Few ways to alleviate this situation is -
    1. Increase the overall quota beyond 140,000
    2. Increase the quota of oversubscribed countries slightly based on demand
    3. Recapture unused numbers from previous years

    What WILL NOT happen? - Removal of per country quota for EB Visas!!





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  • Kodi
    05-27 11:23 AM
    This happened to me in 2006, we went on a road trip from NY to Texas and wanted to visit the mexican border. On our way back they were stopping every vehical. We were on H1 visa at the time and he only checked our IDs and let us go. He was quite nice. I guess they were only looking for mexicans, we said we're from New York and our vehical plates said NY and he didn't ask any other questions.

    On the other hand, I know some people who over stayed and they fly within US all the time. They don't have ID but they show their passport but was never asked for visa status. Weired I guess. They don't even check the visa in the passport.



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  • vedicman
    06-15 10:55 AM
    Can IV as a non profit organization contribute to the campaigns of candidates running against senators like Grassley? If so IV should do it. We should defeat Senators like Grassley who do not care to understand the issues but just stick to dumb talking points. These senators just talk of foreign workers and how to stop them - not once do they initiate any bill that will actually make the US more competitive by investing in education (math and science specifically).

    We will actually be doing a service to the American citizens by taking out dinosaurs like Grassley!! and also prevent frivolous bills that target high skilled immigrants!!





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  • feedfront
    09-21 12:23 PM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.



    Thanks.

    Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.

    You can hold your H1 transfer for a week or two till you don't respond.

    I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.

    I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.

    I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.

    Good Luck!



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  • BharatPremi
    07-10 12:32 AM
    Do you know that July 1st was a Sunday? A non-working day.

    Harra Patta,

    It was Sunday for you and me and for all on this forum but USCIS worked on that Sunday .. Seems to be weird.. Hunh :eek: Yes, but what can you do now?





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    02-23 03:54 PM
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  • iamgsprabhu
    10-15 02:55 PM
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  • Naveen
    04-07 08:12 AM
    Well said! I came back first week of Feb 09 and no issues. Just usual jibber-jabber.

    Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.
    ......





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  • pbojja
    12-11 10:17 AM
    Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..

    I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).

    I m ready for reds and dont care a bit .

    Some one left a nasty message for this post with a red. I m not even worried about red but your comment made me sick and here is the message for you .

    Looks like you are grown up wrong ? either you lived in a environment like the one in your message or completely out of your mind after you grow up .

    I m surprsied you are educated and made it to US and waiting for GC ..wow what a sick idiot ..





    Almond
    07-05 01:44 PM
    OK, you two, I see what you're saying. So one has to pay for the right to start a new thread. In that case those who have questions will start PMing those who seem to know stuff or going offtopic in random threads.





    justAnotherFile
    07-24 05:57 PM
    .. there should definitely be some policy interpretation at the discretion of the USCIS

    1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application

    2) If you are interpreting it based on the words ....

    "an immigrant visa is immediately available to him at the time his application is filed"

    Then according to 245(a)(2)....

    "the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "

    ....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.



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