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  • Ramba
    04-28 06:11 PM
    Don't let lack of knowledge and fear of oppression take over your "thought process".

    AC21 is a public law - 106-313 .

    AC21 can very well be challenged in court. The reason AC21 cases do not go to courts is because they are resolved through MTRs.

    The issue with all this is that we are not raising our voices loud enough about this training issue or procedural issue ant it is always the individual who deals with the case at individual level by filing MTR.

    The entire beurocracy and red tape that one has to deal with in such instances is an issue. People have to file MTR - pay legal fee, involve lawmakers if they don't get response soon, write to Ombudsman .....

    So lets stop all "speculation", "fear mongering", "own intrerpretations" and work towards helping ourselves

    AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.

    Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.

    In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.

    I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.





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  • lvaka
    11-26 01:03 PM
    I believe after this new fees, we might have to pay one more time for the renewal and after that we never have to pay for any renewals. So it will not be a factor any more.





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  • gcisadawg
    04-16 09:36 AM
    For my situation discussed above, I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.





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  • meandmygc
    07-16 03:50 AM
    Signed



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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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  • gc_lover
    07-20 07:29 AM
    I submitted usps money orders for I-485 fees. Filed on july 2nd.

    Any way to find out if those money orders are enchashed or no?
    I did try google search and so far no answer.

    I am not aware of anyway to check if money order is enchased or not, because, I think, you have to pay money upfront when you buy money order. However, I can be wrong.
    Why didn't you just send the check?



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  • carbon
    09-13 03:42 PM
    This might sound weired..but I think we can get some support from Housing Market !
    Facts:
    ------
    The housing market is slowing down significantly and there are millions of unsold homes out there.

    More than 1/2 million people are stuck in the green card process. I am sure
    most are waiting for green card before they buy their house and make longtime commitment.

    I think we are a "Frozen" pool of customers for the Housing Market.

    500000 H1B X 300000 (average house price) = 150 billion dollar market is just
    inaccessible just because of retrogression.

    I think we should convince them to help us FINANCIALY
    Edit/Delete Message





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  • B3NKobe
    06-13 11:00 PM
    mlk: Very Nice Design Mate!! One of the best jobs!!



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  • satishku_2000
    05-24 05:33 PM
    You can call Jose in Mexico and they ll deliver a passport in less than a week. ALL WE NEED IS TO REGISTER A LAWN MOWING FIRM and then BILL THE CLIENT at 100$/Hr for first designing the plan for the mowing on a computer and then getting a MEXICAN to do it for us. ...;-)

    AM I BEING REVERSE RACIST? AM I BAD? I think its healthy to speak your mind out against opression based on RACE


    Hope I did not offend any one ...I was just frustrated when I made my statements ..





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  • americandesi
    07-30 01:13 PM
    frustrated2007,
    Thanks for the info, In that case my firms tax returns show healthy net assets , lot more than the proofered wage. But I am still worried about the previous americandesi post about requiring Audited Financial statements to show net assets. I don't think my company will spare the time and money to prepare audited financials.

    Please read page 2 of Yates memo (Refer link). The Initial evidence "Annual report", "Tax return", and "Audited financial statement" map to "Employment of the beneficiary", "Net income" and "Net current assets" respectively.

    http://www.visaportal.com/downloads/...20to%20pay.pdf



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  • jaocanada
    07-15 10:36 AM
    Signed .. and thanks for creating this petition..





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  • kc_p21
    12-15 10:13 AM
    with bill by Zoe.

    THanks



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  • Gravitation
    07-12 11:52 AM
    The rumor is the world cat will be current and all others unavailable since the quota for those countries are already filled. Sounds logical. Sadly, my app will be screwed in that case. Hopefully that'll consume some numbers from RoW and there might be some overflow next year (or the year after... or maybe after 7 years and who knows 10).

    BTW, where did you hear that RoW will be current and the rest will be "U"?





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  • whiteStallion
    07-02 05:43 PM
    [QUOTE=Humhongekamyab;259652]
    Yes but do note you do not have endless time to file a complaint. I don't know how many months you have to file a complaint after leaving your job but I know for sure there is a time limit.
    QUOTE]

    I think its 3 years from the event, that you have to file a complaint. If its past 3 years, you cannot file the complaint. The event may be such as you left the employer and your employer withheld your last paycheck(very common issue with desi consultants) in the name of covering your H1 expenses etc.



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  • rheoretro
    09-13 03:36 PM
    Yes, I obviously cannot diasgree with that logic; it is all about votes. But, I looked at the articles: the one in WASH POST is about illegal immigration. Also, there is no article in NY TIMES. We need the big newspapers and PBS to discuss our issue repeatedly.

    Also, all these articles should be on a sitcky thread for all to see.

    Why don't you write and sumbit an op-ed piece to The NY Times? While I personally like watching Jim Lehrer's newshour on PBS, we shouldn't get obsessed with a particular program. We have been featured all over the mainstream media.

    Here's the Washington Post Article that inspired me to join IV in April. I challenge you to write an article that will get us our next 6,000 members. And alll news articles about IV exist on a thread. Please look carefully before you trash our efforts. Thank you.

    RR
    --------------------------------------------------------------------------
    Skilled Immigrants Turn to K Street
    High-Tech Workers Awaiting Green Cards Hire Lobbyists, Hit the Hill
    By S. Mitra Kalita
    Washington Post Staff Writer
    Wednesday, April 26, 2006; D01
    On the December day when Congress killed a budget amendment that might have allowed him to become an American a little sooner, Aman Kapoor started a movement.
    He did not march through streets, carry signs, wave a flag from here or there. He did not walk off the job or file out of school. The computer programmer simply went online to a message board tracked by thousands of people in his predicament: highly skilled foreigners waiting years for their green cards.
    "I think we can do better and really create the impact with organized effort," he wrote. "To achieve this we need a group of individuals who have shown commitment and motivation in this forum."
    The next night, a dozen people living across the United States shed their Internet handles -- Kapoor's was "WaldenPond," a nod to his hero, Henry David Thoreau -- and addressed one another by name on a conference call that lasted an hour. Today, just four months later, the organization they dubbed Immigration Voice boasts 3,000 members; a fundraising goal of $200,000; and, most notably, a partnership with a high-powered lobbying firm, Quinn Gillespie & Associates LLC.
    The group's transformation from an insular circle to a politically active movement offers a window into an alternative immigrant campaign being waged as the Senate this week resumes its work on immigration laws.
    Most members and all the core organizers of Immigration Voice hail from India, though Chinese membership numbers in the hundreds and is on the rise. Most arrived on an international student visa or a visa known as the H-1B, reserved for highly skilled workers who can stay for up to six years -- unless an employer sponsors their green cards, which grant immigrants permanent residence in the United States and the right to live and work here freely. Over the past decade, the largest numbers of H-1Bs have been awarded to high-technology workers from India and China.
    Thus, while the passage of a strict border-security bill introduced by Rep. F. James Sensenbrenner Jr. (R-Wis.) mobilized many other immigrants in December, members of this high-tech group had their eye on another: a budget reconciliation bill that, in the Senate version, would have allowed those waiting in line for a green card to proceed even if the quota had been exhausted. The provision was cut in conference committee, stirring many to action and leading to the founding of Immigration Voice.
    While hundreds of thousands of protesters took to the streets to get Congress's attention, Immigration Voice took a decidedly different approach. Shortly after the group was established, Kapoor and other volunteers began interviewing lobbyists, relying mostly on Google searches and data from the Center for Public Integrity's Web site.
    "If it was not going to be big, it would not be worth the effort," said Kapoor, who works for Florida State University and has traveled to Washington nine times in the past three months. "Most of us have reached that point, having waited for eight or nine years, where individual lives are on hold."
    Neither Quinn Gillespie nor Immigration Voice would disclose the amount being paid for the firm's services. Kapoor said it is "less than five figures."
    "This is a sympathetic story," said Nick Maduros, a lobbyist for Quinn Gillespie. "For this group, their issues are very technical and are frankly not that controversial, but they have been overshadowed ."
    Immigration Voices also enlisted the help of Rick Swartz, who has his own firm and has long been a leading lobbyist for immigration groups. Swartz gathered members of the group at his home one January weekend for a crash course in American politics, teaching them to position themselves as the "new Cubans for the Republicans."
    Although their numbers are far smaller -- fewer than 2 million Indians live in the United States, according to the 2000 Census -- the group is among the more affluent immigrant communities. And because their numbers are smaller than those of Hispanics, they are trying to focus on other ways they can exert power -- through their wealth, their positions of influence in the high-tech and business communities, and their alliances with more established advocacy groups such as one for Indian physicians and an Indian political action committee.
    While the immigrant marchers' demands have covered a range of issues, including allowing immigrants to gain legal status and eventually citizenship, the members of this association are more narrowly focused: They want Congress to pass measures that would end the years-long wait for a green card. In fact, they warn that efforts to enable millions of illegal immigrants to remain here permanently would result in the same bureaucratic nightmare legal immigrants are now facing.
    "If you're going to reform, reform across the board," said Bharati Mandapati, who oversees content for the group, which means she has learned how to word and pitch legislative amendments.
    The group has refrained from taking a stand on the fate of the undocumented workers, though it monitors chatter on its Web site to ensure that frustrated high-tech workers don't disparage lower-skilled laborers such as landscapers and restaurant workers. It also has stayed mum on raising the cap on H-1Bs, the visas that made most of their passages possible.
    Under a proposal introduced by Sen. Arlen Specter (R-Pa.), the number of employment-based green cards being issued would increase from 140,000 to 290,000. Currently, no one country is supposed to take up more than 7 percent of the allotment, though unused green cards can be redistributed to countries that have already met their quota. That has made possible migrations in excess of 7 percent from nations such as India, China, Mexico and the Philippines. Under the proposal, the per-country cap would be increased to a hard and fast 10 percent. Proponents say this would prevent one country from dominating the category and would retain jobs for native-born Americans.
    But Mandapati, a California-based economist, argues that the restriction would hurt the United States because the demand for skills changes. "It just so happens that computer technology and certain technical skills are in great demand here and all over the world. It just so happens that there are two countries that have invested a lot of resources in educating people in these fields . . . India and China."
    About a half-million immigrants are caught in the green-card backlog, some as they wait for Labor Department approval or because quotas have been exceeded. In that time, they cannot be promoted or given substantial pay increases because that would mean a change in job description and salary. They turn to Web sites to compare their wait times with others, and their Internet handles, such as "stucklabor" and "waiting_labor," exude their frustration.
    During meetings on Capitol Hill, Maduros and at least one Immigration Voice representative lay out the group's platform, weaving in the personal stories of members. Shilpa Ghodgaonkar, a Germantown housewife, has become a staple anecdote -- and a frequent visitor on the Hill.
    For four years, she and her husband have been waiting for their green cards. Ghodgaonkar's husband arrived on an H-1B visa, and she followed as his dependent, unauthorized to work here. To pass the time, she learned to cook. Then she volunteered as a career counselor in Montgomery County. Last year, she earned her MBA from George Washington University. In December, around the time Kapoor sent out his e-mail plea for mass mobilization, Ghodgaonkar had run out of options.
    "I just couldn't keep quiet anymore," Ghodgaonkar said. "I cannot be depressed anymore."
    She keeps a spreadsheet that lays out appointment times and the senators' offices she has visited or still plans to: Specter, Frist, Schumer, Brownback, Bingaman, Feinstein, Feingold. Wednesdays bring a weekly call with Quinn Gillespie. And every few nights, there are conference calls among Immigration Voice's core team.
    Now the group plans to closely watch the debate resuming in the Senate Judiciary Committee. Earlier this month, Sen. Sam Brownback (R-Kan.) proposed amendments with all of the group's provisions. Other lawmakers confirm that they are still meeting with the group to hear their concerns.
    Immigration Voice leaders say the past few months have focused and politicized Indian immigrants in a way that was not apparent in the past. "There is a very 'Mr. Smith Goes to Washington' quality" about the current effort, Mandapati said. "It's been a journey, a loss of naivet� and getting to know about American politics."
    � 2006 The Washington Post Company





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  • shahuja
    02-06 09:01 PM
    hello EVERYBODY..need help..

    this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.

    Hi Shweta,

    We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.

    Best regards,


    IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???

    also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??

    ADVICE ??



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  • mpadapa
    09-17 10:57 AM
    The session hasn't started yet. There is a delay since the House is in session. Once the voting on the bill that is currently discussed in the House is over, probably then they will start the meeting..





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  • sbabunle
    08-19 04:11 PM
    Right on bro
    ((Frustration + Malice - Grace) * Jealousy) ^ (Low linguistic skills) = This post

    :rolleyes:





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  • mrajatish
    04-17 06:01 PM
    Yes, this is just so demoralizing. People spend hours asking questions on different issues but they do not take a couple of mins to send even 25-50 dollars (a good dinner costs as much).

    Guess everyone wants a free lunch.





    sreeraghu
    11-03 04:51 PM
    Please Vote, this is one of the best way to know, where we stand. Make a lil easy in making further decisions.





    NKR
    10-03 10:46 AM
    US law offers student 1 year OPT to gain experience and find employment.

    So you made use of this opportunity and you are asking others not to do what the law allows them to?...

    fyi.. I am an EB2 I candidate and fyi� I did not port but I will not stand in the way of people wanting to get out of the clutches of those employers who act cheap.



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