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  • qvadis
    03-14 03:39 AM
    ok........this is for all you jealous people who just cringe at the sight of India EB2 moving forward while your sorry EB3 asses are stuck.
    go here and read, and educate yourselves.....good luck!!!

    Sad to see your Schadenfreude. Anyway, the reason we other EB3s thought of a different distribution scheme is because of November's Bulletin 2005 (http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html)


    The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.

    Isn't it fair to ask for the reasons why the interpretation of the laws has changed?





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  • hpandey
    01-19 09:33 AM
    I will contribute to this fight. I wonder why they are going after us few legal people who follow all the rules and regulations and pay taxes and contribute to the economy and the society rather than going after the 12 million of undocumented workers :mad:





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  • srikondoji
    04-26 03:09 PM
    How do i do it?
    Give me the paypal email id to send money to.
    Thanks
    sri





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  • 485Mbe4001
    12-09 12:04 AM
    :) happy holidays and good luck for the future. You are free now...



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  • GCBy3000
    07-11 11:45 AM
    I called my attorney after seeing this thread. This is what I heard from him.

    We have not received it back from CIS. We have not received any of them back that we filed. CIS said it will unequivocally reject them. But as of Monday they have decided not to send some back (many were already sent back) pending some internal decision-making about how to handle them. We would let you know if anything happened.





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  • senthil1
    05-24 09:50 PM
    May be US corporations can tactically support this bill because this bill will impact Indian bodyshoppers severly. For past 5 years US companies could not compete with Indian companies as they have more leverage on H1b. Now if Indian companies avoid H1b US companies can get any time they want as they can satisfy most of conditions

    Do you guys really think this bill will become a law that too in its current state and the added amendments? I seriously doubt it. If it is then dont you think the corporate business lobby that has fought really hard to increase the h1 b's to 115000 would have just sat mum while the H1 B fees were increased? I think this bill is just getting too absurd to become into law. I dont know but it would be interesting to hear what the businesses have to say with the increase in h1b fees.

    May be I am totally wrong but just thought of posting this because I have been reading so many depressing posts from everyone. Have hope and faith. When the going gets tough, the tough gets going. At this point we need to strategise, which I am sure IV is doing it excellently. We may need to make a few compromises but try to make friends with others who are lobbying.

    Please dont bombard me. Its just my thought. Please ignore this post if it offends you.



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  • nixstor
    07-28 11:44 AM
    PMP is a good idea. But is that what you exactly want to do? Figure out. I work with PM's every day and in my company it is a pre requisite for every PM to have PMP on Resume before the Hiring Managers look at their Resumes. How ever, I personally feel that the project manager's job is mundane. Some times I even wonder whether these guys know any thing other than putting some M$ docs and ppt shyt together (doesnt hold good for all PM's) with all the info they gleaned from their managers and others in project. Is it that difficult? May be, this is happening in my company only or I am being blind because they do get paid in 6 digits. But it will definitely help you grow in an organization esp in the managerial ladder. You gotta lose something to get something. I am seriously considering taking up GMAT prep but my situation holds me back as my wife cant work.. blah blah.. What ever.





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  • arrarrgee
    07-19 08:18 AM
    I think its a typo too

    What is obvious is either you have been sleeping all thru or you are new to IV. Aman has made atleast 25-30 trips to DC in last18-20 months



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  • Winner
    06-03 12:18 PM
    Mary Bono � California 45'th District
    Took my name, address and Bill #�s.

    Brian Bilbray � California 50'th District
    Left VM

    Ken Calvert � California 44'th District
    Spoke to a lady named Rebecca, she sounded like she was not happy that she is receiving many calls from IV members. She was trying to tell me that she has received the message and will pass it on to Rep, but further calls are not going to help.
    Once I asked her "Are you suggesting that we (IV members) should not be calling your office regarding this important bills", she toned down a bit and took my message.

    Jerry Lewis � California 41'st District
    Spoke to the concerned person; she took my name, address and Bill #�s.

    John Campbell � California 48'th District
    Took my name, address and Bill #�s.

    Gary Miller � California 42'nd District
    Left a VM.

    Question for people who understand Washington better than me�.
    Do we really have to ask for the person who handles legislative and immigration matters or it is ok to leave message to the person who answers the phone? I guess the answer is �it�s better to talk to the person who handles immigration matters�, but as per my observation, immigration person in representative�s office deals with any immigration issues related to constituents.





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  • nb_des
    07-19 04:55 PM
    Will I get the reciept or my lawyer will get it?



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  • hebbar77
    10-10 01:43 PM
    People who want to put FD(fixed deposit), try FDs related to NRE accounts. It gives higher return+ you can get the money back to $$.

    Always good to stick to nationalised banks! Private banks offer better interest rate, but one fine day you might end up searching for a branch to get your money back.





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  • leoindiano
    10-30 12:07 PM
    @ leoindiano
    Where is your case? You should call and talk to an IO and find out. It will be good if the IO can put in a note in your case on which 140 needs to be used. After around 100 calls, I managed to talk to a very friendly IO, she put in a note and asked for my file to be pulled out of storage (I believe that is what happened in my case). I was on the phone for around 20 minutes with this IO and I couldnt believe how a IO could be so friendly and polite :) Have you treid CIS Ombudsman and USCIS Sec. Napolitano?

    Caliguy,

    I will reach out to ombudsman and Napolitano this weekend. Another thing i am going to try is applying AP renewal this weekend, set to expire in november anyway. I would rather loose $305 than keep waiting for some miracle. Thanks for your help. I should be able to find the procedure to file 7001 and the Napolitano address in this thread, correct?



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  • Raji
    05-12 05:09 PM
    Very wise of you Nitin. I doubt that anyone in this forum disagrees with what you have said.

    But I also believe that IV members are here to address some issues confronting them re the GC processing. I would focus on things that need doing - the core agenda - not on fraud committed by some handful of persons, and who has got his/her spouse a job where. These are not issues that concern us - there are enough crabs in the anti-basket to bring legal immigrants down - its a stunning revelation that USCIS can at random hike fees, lengthen process, and leave legal immigrants in a limbo for years on end. Indeed the system is so incoherent that to this day they are unable to give us a reply on waiting times and our place in the line. I prsonally have yet to see such an ill-defined and poorly organized immigration system anytwhere in the world. Every nation - be it Canada, Australia, NZ, or UK have a clear outline and timeline as to fees, waiting periods, rights and responsbilities of people in the line to immigrate - be it for PR or citizenship. And this is the very least we too can expect of the US immigration system. A big push is needed for immigration reform for legal immigrants. And we are not likely to get anywhere if our focus will be on issues that are raised in anti-immigration forums. This is not to say these issues do not exist - the point I am trying to make is that they are NOT OUR issues.

    We only need to focus on the positive. The contributions of the genuine, law-abiding majority of legal H1B who come from many nations across the world and get stuck for years on an artificially created queue. The fact that we have come here on an H1 B visa which by law allowed us to file for a GC. The issue @ hand is waiting time, and associated concerns, an attempt to end retrogression, remove per country limits or at least align them with H!B intake numbers, and recapture of visa numbers. Many of us have lived here 7+ years, have put down some roots, and would like to see some positive end to this frustraing wait. We also need to Q the DHS and CIS process why we are indefinately funding the CIS and seeing no result to our cases. No one likes their life to be held up and that is why we need to get together to end this unfair wait.

    To Core: I would argue that the issues that need to be fixed re GC for legal EB immigrants are issues of PROCESS not POLICY. Yes, these issues are often rolled into a bundle and presented as policy - I would argue that they need to be DELINKED from CIR and such like that focus on policy based issues regarding illegal immigrants. This nation already has a policy to allow people to immigrate legally - the problems are in the proces of executing that policy. That and that alone needs to be our focus.

    Regards,
    Raji





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  • bikram_das_in
    01-19 02:37 PM
    The story of memorandums is like this. If present law does not have provisions for certain things, then the government departments can publish a memorandum to give some kind of legal basis for their actions. Publishing a memorandum itself is enough to conclude that current law does have provision as such.

    Usually these kind of memorandums are made against people who are vulnerable and do not have avenues/options to challenge. There were several memorandums made against undocumented workers not long time back. None of them stand the judicial scrutiny when challenged. Example, there was court ruling in many states that police cannot ask people about their immigration status.

    The intentions of this memorandum is clear not to give any more H1Bs to small consulting companies.

    I do not understand why some people in the forum have so much anger against the small consulting companies? This is just playing into the hands of anti's . Consulting through multiple layers is perfectly legal and a successful business model. No company wants to hire a person for 6 months project. It's been the goal of anti's to make small consulting companies look bad and they have been successful because of us. If this business model is bad, why not make laws to stop this type of business practice? If you ban that type of business, there will be no need for small firms hiring H1Bs.

    This memorandum is just a blatant attempt to marginalize already oppressed and unrepresented H1B community. This need to be challenged not only because it's wrong but also because it's part of a systematic plan to marginalize legal EB immigrants.



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  • alterego
    03-11 08:08 AM
    What is the USCIS definition of backlogs and pending ? See the link below. ( Section B)

    USCIS does not consider backlogs / pending cases as "pending" in case there are no visas available or FBI checks are pending
    ( such as EB2 and EB3 India at this time )

    The numbers shown in this report seems to be OF cases which are yet to be adjudicated and NOT the cases which have been already pre- adjudicated are dumped in their cold-store because there are no visas available.

    http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3b_backlog s.pdf

    Your point is valid. I think this may be part of the obfuscation by the USCIS. Giving senators and congressmen an impression that things are efficient when we know they are not so. That is why we need to get the real truth out and let the legislators know about it.





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  • scorpion00
    07-01 10:05 PM
    I would like to share my experience and it may help some people here.
    My H1 was sponsored by company A when I was working with them on OPT. I paid $3000 for H1 filing and attorney fees and company A gave me the H1 approval notice only after I signed an agreement that I would work for atleast one year with them.
    Afetr 1 month of my H1 approval, I got a better job offer from company B and I got the H1 transferred. I notified my client and company A who threatened to revoke my H1, take me to court etc etc. They also withheld 4 weeks of my pay.
    After joining company B, I filed a complaint against company A with DOL that they withheld my salary and also they demanded H1 fees from me. After 2 weeks of that complaint, my salary was deposited into my account and DOL was looking into my complaint about H1 fees. This case finally got resolved last week after about 18 months, when DOL finally persuaded company A to pay $3000 back to me.
    I would request everyone who is a victim of these blood sucking employers to
    take every possible action against them. There's a very little chance that they would go to court because they are themselves involved in gross irregularities.



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  • desi3933
    08-20 11:23 AM
    I agree and actually this is a time wasting thread. it is good that he got this citizenship and I guess he is happy but what about others who are struggling to get a gc? and this statement really irritated me "I know, the wait time is long, but it is worth it every bit."
    maybe they should make new citizens apply for passport every year and tell them to renew DL every year and after few years I will ask him if the wait was worth it ??

    I will still say "it is worth it". This is my opinion and you certainly can have a different opinion.

    If you think that the GC is not worth the wait then I suggest that you withdraw your I-485 application asap. ;)





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  • Macaca
    02-07 08:09 PM
    you have a PD only if you are in a pool that has a restriction on the number of GCs that can be issued in one year. if you are exempt, basically you don't have a PD. That is, it is always current. You do wait for them to finish processing your I-485 for which there will always be a processing date, which may or may not be current for you.

    Also, please don't give any such ideas to USCIS; they may like this particular idea :D
    I hope USCIS has your thought process. Your thought process means that there is something in SKILL for US MS. I used to think that SKILL is only for non US MS.

    Have you seen SKILL? Does it have anything for US Ph D and Post doc? You can have a US Ph D without US MS and you can be US post doc without US Phd? I wonder if they are SKILLed? Thanks.





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  • unitednations
    03-31 12:28 PM
    UN,
    I don't mean to embarass you or make you feel awkward by thanking you every time you post, but the excruciating detail that you get into, in your posts, to back your statements never ceases to amaze me, and I know I speak for a lot of people here.

    That being said, if I may bother you with one more question.

    Lets assume that the 140 is revoked right after the employee leaves, and the employer had 100% abilitiy to pay the employee until that moment.

    6 months after the employee left, and after the 140 was revoked, the employer gets an ability to pay RFE on some other pending or unrevoked 140 of theirs. In that case ,can the 140 that was revoked 5 months ago be in danger?

    Of course, this is assuming that all AC21 memos till date are considered binding, and no memo changes to AC21 have happened.


    USCIS uses three criteria in deetermining ability to pay;

    1) net income is more then labor wage
    2) net current assets is greater then labor wage
    3) person is getting paid labor wage from date of filing labor

    #3 is the only one that does not have dependency on employer financials and the # of filings that a company may have done. If person wasn't getting paid labor wage from date of labor filing then dependency is on company financials and if there is adding up together then there is issues.

    If in 485 denial it is due to ability to pay and they state so in 485 denial and you were paid labor wage from priority date until you left and were eligible for ac21 then the denial would not have been in error and you would be fine.





    dewang_lakhani@yahoo.com
    01-19 09:13 AM
    i am ready to contribute...please count me in...

    Thanks,
    Dewang





    Vsach
    03-13 08:18 PM
    I am still on H1 (not utilized EAD), the visa on my passport expired last year. Planning to visit India next week, should I be getting a visa stamped or use AP?

    APPRECIATE INPUTS. Any USCIS link will also help.

    Regards



    AFAIK, logiclife and pappu are just temporarily off IV due to some other priorities and will get back on board with a big bang soon. How do I know? I spoke to pappu recently.

    Other core members, I am not sure, but will let a core member answer :)



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