Sunday, July 3, 2011

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  • kondur_007
    01-13 08:45 PM
    This indeed is a very bad news. It looks to me that someone is frying a bigger fish here...

    If antis target the areas of immigration that are no "well defined" so far (H1b rules is one example, another could be AC21 same or similar job and yet another could be "permanent job" after greencard), it could create a lot of problems and may even practically shut down all legal immigration.

    This will only increat outsourcing and actually hurt US economy and jobs...too bad that "blinded" politicians do not recognize this.





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  • abhijitp
    07-04 11:20 AM
    Need more titles!

    Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!


    GOVT AGENCIES SHORT CIRCUIT A MILLION HOPES... or something on these lines... but just mention Govt Agencies, so the common man understands





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  • Marphad
    06-16 04:33 PM
    Nice well thought out arguments. This is the essence of a healthy debate.

    Guys,

    I don't understand why we are doing this debate. Dilip (citizen's representative - dilipcr) feels that living standard is going down coz of H1 & L1 people and not because of 2 wars we are fighting. He needs help. You can do it by not answering him.

    PLEASE STOP!





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  • saiimmi
    02-13 09:15 PM
    Folks!

    Sorry for the clich� "United we stand divided we fall". Let us be careful and have meaningful dialogue especially when we take up contentious issues that might pit one member against another. IV stands for improving EB based immigration for all irrespective of the country of birth. Please note that there are several outside folks vying to split the group and we do not need to do it internally. I feel that this discussion has come up at misopportune time. Just recall the same kind of discussion that came from folks that had missed the July fiasco last year.

    Let us not forget our "primary" goals and harp on minor irritants.

    Yet another EB3 India Guy !



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  • Lasantha
    12-14 04:20 PM
    Well said !!!

    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:





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  • ashutrip
    06-26 02:11 PM
    Hey...No one can predict anything about Aug and Sept. You just have to wait till you get your LC and then check where dates are and file accordingly. There is nothing you can do about it, so relax and don't worry too much.
    If it makes you feel better, then people from 2001/2002/2003 are still still in line. You are lucky at least you have hope that you can file 485 if you get your LC in time.


    it tough to so relax and don't worry too much when I am aware that there are people from 2001/2002/2003 are still still in line doesnot make me happy but I can feel for these blokes.:( :(



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  • samay
    07-14 06:43 AM
    Hi,
    I (EB3-India, PD Nov 2002) got approved last year. We were only able to file my wife;s I-484 days before my approval. We are still waiting for her GC as my PD is no longer current. Is there any way she can get her GC quickly?

    Thanks,
    485_spouse

    Sorry she will have to wait for the your PD to get current.





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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.



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  • saro28
    08-12 10:51 PM
    Question about EB2 vs EB3 dates.

    My case - EB3 12/2001
    My wife - EB2 12/2004

    Should I adjust my case with her? what are the chances. Or is it worthwhile waiting for my EB3 and adjust her in that.
    Also do I need to re-apply for new EAD/AP because adjusting in the other case. thanks!





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  • Desertfox
    09-23 04:06 PM
    Nixstor,

    Thanks for the brilliant idea, but I have a question about the draft. Is it really necessary to mention that 20% downpayment clause in there? I am a non-IT (manufacturing) EB3 applicant making half the salary you mentioned in the draft, and I bought a house with a 3% downpayment on a FHA loan. However, I have an excellent credit and I don't foresee myself in a foreclosure situation in the near future. I dont know if there are many GC applicant with my profile, but aren't we helping the housing market by buying a house?

    Anyway, I will support every initiative that has the remotest possibility to remove one person in line ahead of me.



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  • Lasantha
    02-12 02:21 PM
    Yes, I wonder too. The new memo with the 180 day rule for FBI name check may create a considerable demand for visa numbers and could slow things down.

    If the current EB3-ROW move is any indication one can rely on, I think you will be current in next month's bulletin. I bet you can't wait.

    I wonder what kind of move we might see for eb3 -row next month.





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  • amsgc
    12-19 07:40 PM
    PD and EBI/II/III shlould be ad to the above list.



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  • jhaalaa
    01-13 02:49 PM
    When folks transfer to a new employers using AC21 (where AC21 is otherwise valid) -
    0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
    1. OK: for folks where you work directly for the new H1 transfer sponsor.
    2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.

    AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
    _______________________________
    In general, for folks on H1 or those planning to get one -

    A. Folks who work directly for the H1 sponsors are OK.

    B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.

    It does not mean that its all going to be dark for all with no hope.
    Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.


    Best Wishes for all





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  • nomi
    09-29 01:19 PM
    Hi Kukitron and all,
    I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94

    Thanks
    Sundar


    Yes you can according to following rule

    http://travel.state.gov/visa/laws/te...ams_1441.html#

    There are lot of condition which you need to follow in order to use this Law. That`s why I am asking other people about it and see how many people use it and what they said about it.



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  • ganguteli
    03-27 12:08 PM
    One idiot without giving him name in comments started abusing in Hindi language.
    Dude when you have guts to put comments then put your name in it. So that I know who has issues with my comments to thread.

    And just don't give red " just for the sake of giving it make you feel happy ".

    Must be a guy who is brainwashed by his mullas and hates the world for being unfair to his peaceful religion. I will give you green.

    Narendra Modi is my choice for PM too. See how much peace and prosperity he has brought in Gujarat. We need such strict administrators who work unselfishly for the good of country.





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  • anai
    06-27 12:48 PM
    Three facts, followed by one interpretation.

    First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.

    Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.

    Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.

    My interpretation:
    The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)



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  • msp1976
    02-18 10:33 PM
    In the past three years; I have seen an administrative assistant get sponsored as a skilled worker; a cook making $8.50 as a specialty cook at an Indian restaurant; 8 phillipinos getting sponsored as cooks with a wage of $9.00 at a restaurant; a convenience store clerk; (from reading administrative appeals decisions; i have seen a driving instructor, horse trainer, etc.). All of these jobs fit into a definition of "skilled worker" and share same eb3 category as professional.

    In fact I guess most of the April 2001 245(i) cases are also getting through the Eb3 category...I thought that they would get into the EB3 Other workers category with the 10 K cap........ I guess many of the cases you are referring to must be the 245(i) cases...


    As I remember, even when I came to US the first time in 2000, I was interviewed quite rigorously...They made me submit degree certificate and experience certificates and all...
    Cooks and driving instructors getting in on H1B??? That is news to me...





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  • H1BLegal95
    02-13 01:41 AM
    im willing to pay 1000's of dollars in lawyer's fees..

    this im intersted in more than sending letters.

    pls explore class action suit.





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  • weasley
    09-23 06:44 PM
    I completely agree with this. USCIS has better date than prior years. PD for October is Jan 2005,the numbers available for first quarter is 750 (approx) and around 700 I485s are in Jan 2005. We will know in Dec whether quarterly spill happens or not.

    The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
    .





    akred
    02-15 08:31 PM
    According to the UN resolution immigration and naturalization laws do not constitute "racial discrimination" by definition. The quota based system does discriminate against people from China and India. But the law as originally established did not intend to do this.

    Nope. Article 1 Paragraph 3 just states that the convention does not apply in those cases. The definition of racial discrimination stands. You should read through the US response to the last review under the CERD (in 2003) and check the responses on immigration policy.





    rajeshalex
    07-08 10:01 AM
    Thank You Samay !!

    I was in US from 2000 to 2001 on h1b.(first h1 approval)
    Went to india and worked there from 2001 to 2006
    On new H1 came to US on 2006
    I didnt had the H1b approval copy of first h1 approval(2000 -2001) when I applied for 140. I submitted
    only the current one which is from 2006. My 140 is not yet approved.
    So I would like to make sure whether h1b approval notice copy during 2000 to 2001 was needed/
    will be needed in future.I had submitted 140 during July 07.

    Is it needed for any 140 RFE or 485 level ?

    Good Day !
    Rajesh

    Quote:
    Originally Posted by rajeshalex
    Hello,

    Could you tell at 140 level does a candidate needs to submit all the previous
    H1 Approval notices.

    I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009

    Rajesh

    Hello

    We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
    __________________



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