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  • nixstor
    07-12 08:59 AM
    for once sepia mutiny decided to cover our story. i still dont understand that blog. more than 80% of the posts are dedicated to ridiculing indian issues...most of the contributors are indian americans...but they never cover our issues.

    i cant understand why they cant make up their mind...either limit yourself to covering indian american issues or accept that we are a part of your ethnic group too. is there an african american blog that keeps harping about child mortality in africa? is there a italian american blog that is dedicated to researching origins of pasta recipes in italy?

    i dont get them but at least we get some more coverage.

    because most of them are ABCD's or people who got their GC's in late 80's & 90's and are citizens now. Most of the regulars there might not know the whole GC mess, except for a bunch us who flocked with the GC post.





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  • spatial
    08-20 01:17 PM
    That is not true...If you look at the Visa Bullettin, it says

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any umbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".


    Based on the above EB1 spills over to EB2 first.....Eb3 gets unused EB2.
    EB3 gets EB1 only if it is not used by EB1.

    I'm EB3-I with Oct 2003 PD and I understand your frustration. There is hope only if a legislation change happens. Based on my calculation, there are about 50K to 60K EB3-I pending before me.

    Thanks,
    G


    It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.




    "





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  • gimme_GC2006
    08-19 10:44 AM
    We got our CPO email today.. so now I know I am approved for sure :D:D

    Still waiting for daughter's approval message.





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  • IN2US
    07-09 07:06 PM
    I would donate blood if there was any left after my blood sucker employer sucked me dry!:D


    :D :D :D :D :D :D dude this is the BEST!



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  • NKR
    08-07 01:15 PM
    What stopped (from legal stand point) MBA guy to file for eb3 based GC in 2003? Remember both have BS in Engineering at that time. No employer was ready to file GC for the MBA guy (in 2003) is not a valid legal argument.


    Exactly :).

    If the MBA guy had told the employer that he is willing to take up an EB3 job, he would have gladly filed a GC.

    I am expecting another red now





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  • pani_6
    09-09 05:22 PM
    :)



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  • pd_recapturing
    11-12 03:35 PM
    I got the following response for Ombudsman for AC21 mail sent to them a week ago. They need Evidance of I 485 denials to discuss with USCIS. The following is the mail I got. People who have been affected already. Please share this with Ombudsman..Let's keep the momentum going..

    ================================================== ===

    Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.

    If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.

    Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman
    ================================================== ========
    This is a good news. Do we need to tell individuals who are affected to send email to that email address? Let plan asap.





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  • Canadian_Dream
    11-25 05:26 PM
    Some Rules:

    Rule 101 for car buying: Value depreciates moment you walk out of show room. How much it will be, no one can guarantee you and no one but you are liable for depreciation.

    Rule 101 for Home buying: Value of the debt you sign will remain unchanged
    while the value of asset may erode.
    Rule 102: House is a secure debt: meaning if you don't pay the house will be repossessed by bank. So you have to pay to play.
    Do you know there is no earthquake insurance in California so if you loose your fully paid house in earth quake you are left with ZIP !!!

    Mother of all Rule: Don't get into the any game without knowing the rules.

    Now some clarification: The money Punjabi77 own to the bank is actually already paid to the builder or seller (previous owner) by the bank. Bank gave away that money just by a stroke of signature of Punjabi77 and in return for future interest payments. So the asset value on the book is what Punjabi
    owes not a penny less and not a penny more. If they reduce the asset value to make Punjabi77 feel better it will be taking loss for him ? Why should they do it ? Should they take it back from builder and where do we stop ?

    We can demonize lenders, Wall St and everyone all we want, but this thread is not about them. This is about punjabi77. But I don't know why it is so hard for us to just accept that we screwed up, got enticed made a mistake and start to fix it. Stop the blame game for once. I can attribute all my problems to someone or the other but how does it help me ? The sooner I accept them and start to work on then better it is for me.

    In principle, I agree with you that we are responsible for what we 'sign up' for and shouldn't back away from that. But, your example is a little bit off as in nobody is asking back money from the mortgage which is already paid (akin to the difference in gas prices that you mentioned), the interest rate could change and we are liable to pay the difference in the mortgage payments due that fluctuation - the thing here is the base value of your asset. As a hypothetical example (because vehicle prices always depreciate, so please ignore the reality), let's say you bought that Gas guzzling SUV at 50k and now suddenly after 2 years, due to whatever reason, you go and try to sell the same SUV to the same dealer and he quotes you 5k. Wouldn't you fault that dealer for selling you the same thing at 50k when the actual value of the same asset 2 year back was 5k (but he sold you at 50k and you have only paid back 10k in monthly installments until now). Who is to blame for that 35k deficit? You? Forget the monthly payments here and concentrate on the actual asset value.

    As mentioned above, I do agree that we are liable for what we do in life and one has to stand up for his/her deeds - but at the same time, and I again argue the same point, that the greedy people on wall st. and lending institutions are largely responsible for this mess - imagine if they had never sold you the asset for 50k, which is a bloated amount for that particular asset and the sad part in this is that the lender lends out the money knowing all this.



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  • l1fraud
    06-14 07:55 PM
    The OP is great. He has created a new id to discuss L1 fraud. Will he be creating one id per issue... recapture, H1B abuse, outsourcing, backlogs?? wow!!!
    Not sure why he wants his/ her identity covered up. This shows how good some of us are in trying to make noises in the dark and not doing anything about issues in hand.

    In all, I still don't understand why L1Bs cannot work at Client site. I am sure that the L1 petitions specifically ask for Client site / work location. If Client site address is mentioned, the USCIS does approve the petition. If it is against law, they will not approve the petition. I know this for a fact since some of my friends are on L1.

    Regarding my identity cover up... I have mentioned couple of times abt the seriouness of the situation as the other party is a multi billion dollar organisation, second please add all the reasons why ICE/USCIS/DOL provides anonymity and whitsle bowler protection to people who brings these kind of violations to their notice.

    Regarding working at client site... Yes they do get approved for working at client sites BUT with the condition that they would be working directly under the suprevision of their managers and NOT the client managers (they don't qualify for consulting assignments). Also these L-1B visas are approved for working on speciality skills NOT on common technical skills (like java/.net/DBs/Prod Support etc). Next time read your friends L-1B petition carefully and you could find all these details over there.. also verify the L1 reform act of 2004 (published in this thread).

    Regarding retrogression... I agree that L-1B visas are not impacting the same much and also I think if someone in L-1A LEGALLY qualifies for EB-1 there is nothing wrong in getting the GC, If we think thats not appropriate then we should bring this upto the law makers and get it rectified BUT fake EB1s should be notified to authorities.

    We are fighting against a fraudulant activity by which our jobs (and hence our GCs) are jeopardized and its not a fight against fellow immigrant BUT a fight against the greed of these corporates to make money even by committing such fraudulant activities.. hope this clears the doubt.





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  • Saralayar
    03-10 05:55 PM
    We could also do a signature/petition campaign that would focus on 'American Citizens' supporting our effort. We should aim at getting a lot of signatures. Afterall there have to be hundreds of thousands of formerly H1B holders who are citizens now; at least they would support our effort.
    Excellent idea JBR. Why don't you create a letter template and put it in IV. If we have the facility to sign electronically, it will be nice. Later, it can be sent electronically to all Congress Members. Let us try to create a slogan for our campaign. Any IV member can shed their ideas on this.
    Is PAPPU or any IV Core members following this thread?. PAPPU we need your involvement in this and make this as another IV campaign immediately...



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  • BharatPremi
    03-25 04:09 PM
    Here is the text that is in the I-9 Form:

    "Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination."

    Yes, This comes into picture once company decides to hire. Now hiring is teh last process and beofre that you get grilled in multiple interviews. Employer is tsill at liberty not to interview EAD holder. If you are not interviewed, hiring would not come into picture and hence this text of law in I-9 form is worthless for you for that position. This I-9 text will only cover the situation for the period after hiring not before hiring.





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  • h_shaik
    04-06 04:44 PM
    Unfortunately the Timing of IV Advocacy day, and also May 2011 VB schedule at a wrong date. If the Govt Shutdown due to the budget deadlock, I'm not sure how both of these days will play out. Any Idea guys. :confused:

    Politicians are politicians every where. India or USA their intensions are the same. Always cause a trouble to the ruling party, no mercy for the general public who suffer directly with their actions.

    Shutdown means no work for 800k fedaral employees. Hence no wages. But bills won't stop.

    Hope for the best.



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  • vg1778
    09-26 02:16 PM
    Type in congressman your city name in google or yahoo search. It will give you various names for your senator and congressmen. Call them and give them your name FN LN, DOB, Alien number and fedex / delivery tracking mnumber. They will call you back with relevant information.
    Goodluck

    this is a draft I used to email my inquiries. Hope this helps.
    ------------------

    Regarding: Inquiry/status for I-485 AOS application sent to USCIS, Nebraska Service Center on July 2nd 2007 [FedEx Tracking No. xxxx - Recd. by Mr. J. Barrett NSC At 10.25am on July 2nd]

    Dear Mr. Assistant Chief,

    My Adjustment of status application [I-485,I-765 and I-131] based on EB3 RIR category, was delivered to Department of Homeland Security, USCIS, Nebraska Service Center, Lincoln, NE on July 2nd 2007. It was received in the mailroom at 10.25am (reference : FedEx tracking number xxxxx).

    USCIS website says NSC are working with August 2007 received AOS applications. However, I haven't heard any sort of communication pertaining to my pending application with USCIS. USCIS Customer Service would not pull up my application information in the system yet. Seems like USCIS is either not following the First in First out (FIFO) process for sure or the figures are misleading.

    Details as provided below:

    Name of Applicant: Name xxx
    �A� Number of Applicant: A 088 xxx xxx
    Date of Birth: xxx
    FedEx Tracking No: (whatever is your tracking number)

    I would greatly appreciate if your office can help me to track and process my AOS application delivered to NSC on July 2nd 2007. Please feel free to contact me at (xxx) xxxx for any additional information.


    Thanks and Best Regards,

    nkavjs is this the format you sent to your congressman or USCIS complaint mailbox?





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  • aquarianf
    06-15 12:29 PM
    I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).

    So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.

    When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)

    Application To Register Permanent Residence or Adjust Status - I-485

    Medical Examination of Aliens Seeking Adjustment of Status - I-693

    There is a supplemental 693 also for vaccination records.

    Biographic Information - I-325 A
    There are A, B, C and other versions. I filled A

    Application for Employment Authorization - I-765

    Application for Travel Document - I-131

    Affidavit of Support - I-134

    I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
    __________________
    We Are Legal Aliens, Legal Aliens on a path to become Legal Permanent Residents and ultimately citizens. Let's stop calling ourselves H1B high tech temp workers - and I changed my signature in the morning of one fine day when all dates became current


    That's a great advice. Thanks.



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  • vnsriv
    01-24 04:29 PM
    Looks like it's a high time for a non-stop GC(Green Channel) airlines between US and India. Lets contact Ambani's. They of course can raise money for this within days thru their IPO or atleast influence Indian Govt to do so.





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  • eb_retrogession
    01-23 07:36 PM
    Guys,
    Have we contacted national newspapers New York Times,Washington Post ?

    In effort to make legislators and people aware of legal immigration issues, we should take help of media.This would be most effective.

    Hiring a lobbying firm to pursue our issues with legislators is a good idea but it should be accompanied with media awareness as well.This is money intensive project and it will take time to reach its target of 100k.We need some other channel of awareness open as well and we need to do that soon so that it has some effect on Feb bills.

    People are not aware that we are going thru such long waits to get immigrate legally.This issue needs to be highlighted.

    Lawmakers would listen to legal immigration issues if they read in leading newspapers NYT and Washington Post. These newspapers are very influential.


    Java,

    We are working on it. Media coverage isn't easy and immediate. They check us out, and take their time to research facts before even considering.

    But the process has started.
    If you know of any serious contacts that can help out, or have any suggestions about regional/local media pls send a note to info@immigrationVoice.org with "Media" as the subject, and it'll come to me

    Thanks



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  • GCWaiter03
    05-25 09:34 PM
    GCWaiter03 - Thanks for very much.
    Can she go back immediately after filing I-485 to come back in August.

    gc_hopful


    Yes, she can go to India once she filed her I-485.





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  • syzygy
    06-29 09:06 PM
    This is very serious now, We all better be prepared to screw USCIS if it messes this time.

    I like this part ...





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  • 485Mbe4001
    09-26 06:17 PM
    Good discussion. I am not a fox fan, but i read NYT and Drudgereport, listen to Rachel Maddaw as well as Handel. In fact i read any political and economics related blog i can lay my hands on. I understand your points.

    My point is that people say he will do so many things, the problem is that the congress is not changing. The congress has to approve something so that he can sign it. Secondly no matter what you say companies will do whatever is right for the bottomline and share price. if he starts taxing companies they relocate, he has proposed increasing the social security taxes across all categories. Says he will not increase taxes for middle class americans but gives little indication of how he will finance the trillion dollar spending program. If his universal health program passes then you will see more deducted out of your paycheck. How will he create tons of jobs, how will he subsidize education. The fact of the matter is that he will be under exterme pressure if he is elected to office with such high expectations. He will be screwed if he increases taxes and screwed if he doesnt fund the programs he is promising all over the place.

    As for long term, the country has to increase interest rates to support the current account deficit. IF you increase interest rates the economy will further go in the tank. The country has to increase taxes to fund SS or Medicare. If not they need to overhaul the SS and MC system and any pandering politican will never be able to make that change.

    The fact of the matter is that both are career politicians and will do anyting to win. i just want to present an opposing view when one is painted as the saviour and the other a @$#@ in a total crapfest where no one is pure.





    drirshad
    01-06 11:11 AM
    Guys got a reply from Mattew Oh as follows on enquring about section 8001.

    --- Matthew Oh <ohlaw@immigration-law.com> wrote:

    > Irshad: I am glad that you have started a new
    > portal. I was going to
    > contact you to address problem of setting up a link
    > to the immigrationportal
    > as it has to go through another attorney's website.
    > Some attorneys may have
    > a problem with that. Since you have a new web site,
    > I will take a look at
    > it and may consider setting up a link on our web
    > site.
    >
    > With reference to 8001, the community should focus
    > on the Comprehensive
    > Immigration Reform legislation rather than S. 1932
    > issue. That legislation
    > is gone. Thank you for keeping in touch with me.
    >





    baburob2
    01-10 12:59 PM
    Look below as to what is happening in the senate congress:
    source: http://www.numbersusa.com

    Sen. Specter Busy Adding Massive Foreign Guestworker Program to House Enforcement Bill
    Just before Christmas, an overwhelming bi-partisan majority attached strong amendment after another to H.R. 4437 before passing this tough immigration enforcement bill AND legal immigration reduction bill. Click here to read all about what the bill does and how it was passed. Senate leaders now plan to pass their own immigration bill before March. The two bills will then go into a joint Conference Committee of negotiators who will create a compromise bill that goes back to both chambers of Congress for a final vote. It is expected that Senate Judiciary Chairman Arlen Specter (R-PA) will attempt to force backers of tough immigration enforcement to accept amnesty and guestworker programs as the only way that he will allow a crackdown on illegal immigration. Sen. Specter is expected to begin executing his plan this week with the hope of having it all in place for when he anticipates his committee will pass the amnesty/guestworker bill in early February. Based on his sneak efforts in November, also anticipate that Sen. Specter will slip into the bill major increases in permanent green cards. For some reason, Sen. Specter and his staff have come to believe that no matter how outrageous their efforts for creating open borders and flooding American communities with foreign workers that the public won't really pay that much attention to them. (In November, he added 350,000 permanent worker slots EACH YEAR to the Budget Reconciliation bill. Fortunately, House leaders forced every single one of those slots out of the bill before final passage.) Click here to read more