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  • chanduv23
    03-24 02:14 PM
    I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.

    Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.

    Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.

    In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.

    Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.

    USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.

    I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.

    If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.

    eb3 versus eb2
    permanent jobs versus consulting
    country quota, etc.

    The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.


    btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.

    Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.

    In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.

    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.





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  • xyzgc
    12-20 04:00 PM
    razis dude, I'm probably the most secular person you'll find on IV. Read my previous posts. However I have to disagree with you on this one and that too very strongly. Each of the places you mention Muslims are the Oppressors and not Oppressed.
    I completely support George Bush's doctrine of smokin' em out and ridding the world of Islamofascism. He is one of the best presidents this country has ever had. However he is misunderstood throughout the world. World over - jihadis and islamofascists hate Bush with a vengeance - which tells me only this - He must be doin' somethin' right. As long as we have more leaders like Bush we are in safe hands.

    We shall not tire, We shall not falter and We shall not fail - until Islamofascism is wiped out.
    Just my 2 cents.

    Yes, everybody, all senators, wanted to teach these terrorists a lesson after 9/11.
    Afghan war is good and Iraq war is bad. Why, because Iraqis didn't leave WMDs a.k.a nukes behind.
    (A weapon of mass destruction (WMD) is a weapon that can kill large numbers of humans and/or cause great damage to man-made structures (e.g. buildings), natural structures (e.g. mountains), or the biosphere in general. The term is often used to cover several weapon types, including nuclear, biological, chemical (NBC), and radiological weapons)

    Now, Iraq war went bad, economy went bad (due to main street scamming the banks) and suddenly its all the fault of Mr. Bush.





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  • GCKaMaara
    12-17 03:49 PM
    Your anger is justified, but what is your contribution to fix this? created a new IV handle TODAY to talk against a faith? So your other handle where you talk only about immigration will be clean? LOL!

    Your are really a brave Indian!

    I was reading posts on 485 Approved what Marphad mentioned. I saw that it was actually you who created new IV handle that day.





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  • nogc_noproblem
    08-05 12:49 PM
    I was recently riding with a friend of mine.
    We were coming to a red light, and he shoots right through it. I ask him, "Why'd you do that?" He tells me this is how his brother drives.

    We come to another red light, and again, he shoots right through it. I ask him, "Why'd you do that?" Again, he tells me this is how his brother drives.

    We come to a green light, and he SLAMS on the brakes. My heart nearly goes into my throat. I shouted at him, "Why'd You Do That?!"

    He replied, "You never know, my brother could be coming the other way."



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  • logiclife
    06-01 01:19 PM
    Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.

    If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.

    However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.

    Lou Dobbs openly opposes all immigration.





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  • unseenguy
    06-24 08:31 PM
    I completely agree with you.. I seriously dont understand what pride/ownership people feel by making 5% or best case 20% downpayment, Where the bank owns most of the house. It only truly yours when you have fully paid for it. To cite comparisons to our parents is plain foolish. Most of our parents bought their first homes by outright paying for it and having the home in their own name and not any BANK. Dont get me wrong, Not that i am pro renting and against home buying. I hope to have a bank financed home like everybody else in the near future. But i seriously would not feel any pride of ownership without actually owning it in the real sense. I fully own both my cars and feel proud about them :).

    Perfect. I agree. Infact I forced my landlord to have a clause that I could break the lease if I lost my job for 1 month additional rent, :)

    Also the apartment companies send your way lot of extras such as: garbage, water, in some cases parking, storage etc. I only pay electricity and everything else is free for me :)



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  • GCmuddu_H1BVaddu
    01-01 04:06 PM
    Well, if one provinance is joined hands with the theives then the police from second provinance should kick the other provinance's theives and police (as*).And yes a possible revilary between two provinances.


    Suppose there are theives from Bihar that come and rob you in West Bengal.
    You can either send your West Bengal police into Bihar, and turn it into a rivalry between two police departments. And a rivalry between two provinces.
    Or you have the two police departments work together to reduce crime rate in the future.





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  • unitednations
    07-09 11:57 AM
    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.

    Yes, that is correct.

    I will give you what was asked for in my local office interview:

    w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

    I-134 affidavit of support

    All passports

    Updated and new G-325a (old one I had completed in 2003)

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

    Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).

    --------------------------------------------------------------------

    My situation; entered USA on TN back in July 1999

    Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

    I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

    From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

    Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

    I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.

    -----------------------------------------------------------------------

    When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

    Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

    He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

    He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

    He then said case is approved.

    Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.



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  • akred
    04-09 12:58 PM
    I think the universities are out of control and need to be fixed too. All these people with MS and PHd's enroll in their courses with the full intention of staying on after completing their courses.

    We should ask that the DOS start randomly denying F1 applications based on a ratio that is calculated by reviewing immigrant applications for the past 5 years.





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  • neverbefore
    09-30 01:44 AM
    Folks, it is indeed sad that perfect is turning out to be the enemy of good here, metaphorically speaking.

    Surely if the powers-that-maybe turn out to be antagonistic to highly skilled legal foreign workers in this country, it is a given that they are likely to turn this country into a place where none of us ever wanted to be.

    America has always been about opportunity for the smart and hard workers regardless of their background. It has attracted people because they saw their future brighter here. Take that away and not much else gets left behind.

    I have been in this country for 6 years now and still do not have more than a toehold here despite having put in my tax dollars which in some small fraction have helped pay for what some (who knows) people born here required help with getting. Moreover, if allowed to remain here, my project will yield for this country and the world a device that will help people save their eyesight.

    "The highly skilled legal working community is an asset, Mr Obama and Mr Durbin. We carry tremendous calorific value for this country. You will make a smart move by promoting and encouraging what has already been legal in this country of yours: immigration of skilled foreigners.

    As you might have noticed, a huge chunk of your support base is made up of young and energetic students and professionals. They are with you only because they trust you to remain sincere to the welfare of this country. I am positive that you will not let myopic opinions and interests cloud your long-term vision and will reach out to embrace new partners for further advancement of this country, for really, it is not about wealth preservation but about wealth creation."



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  • gimme_GC2006
    03-27 03:47 PM
    AO? Adjudicating officer?

    Good luck, keep us posted.

    Yes..

    Thank you :D





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  • SunnySurya
    08-05 11:55 AM
    That is correct and unfortunate...
    We have approx 35K members and not even 2k people contributed to our cause if not 100 at least $5. .

    No I don't expect that on the contary I highly doubt it will ever materialize. But if such group is formed I will definitly participate in that just because I think it is right thing to do.
    Not sure how do u expect $500 -1000 for a failing cause. If you take the pain others will happily enjoy the fruit. .

    Don't go by when it shows I joined. Do you really think that I will discuss such controverial topics using my original ID. By the way, I (the person and not my Ids) have contributed to the cause way more than you have. And I still believe that we need to continue down that path.

    By the way I have contributed $200 ( and more in line) and participated in phone and fax campaigns and got at least few more new members with contribution.



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  • file485
    07-09 07:01 AM
    Hi Manu..

    can u pls clarify when u find some time..

    from what I understand and you posted, he changed employers from A to B to C.
    He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?

    but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..

    so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.

    Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...

    (lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)





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  • Macaca
    02-17 02:33 PM
    American Civil Liberties Union (ACLU (http://aclu.org/))
    Center for Responsive Politics (CRP (http://www.crp.org/))
    CompeteAmerica (http://www.competeAmerica.org)
    Coalition for Comprehensive Immigration Reform (CCIR (http://www.cirnow.org/))
    Essential Worker Immigration Coalition (EWIC (http://www.ewic.org/))
    Immigrants' List (http://immigrantslist.org/)
    National Council of La Raza (NCLR (http://nclr.org/))
    National Foundation for American Policy (http://www.nfap.com/)
    National Immigration Forum (http://www.immigrationforum.org/DesktopDefault.aspx?tabid=732)
    National Immigration Law Center (NILC (http://nilc.org/))

    U.S. Chamber of Commerce (http://www.uschamber.com/default)



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  • axbasit
    12-28 03:52 PM
    I always believed that this was the place to talk about problems faced by potential immigrants, and it would not matter from where they came from? but this
    forum is turning into something else.

    would administrator(s) act professionally and lock this discussion? and if these discussions would further be allowed at this point, I suggest change this website to indianimmigrationvoice.org





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  • newbie2020
    08-06 04:36 PM
    People will jump to the ship which goes faster...Thats the bottom line, If tomorrow for some reason EB3 ship moves faster than EB2 ship then you would also jump your EB2 Ship and go to EB3 ship as most other people including me. Focus your energy on some positive action items which benefit the community.



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  • go_guy123
    07-28 03:37 PM
    The most likely scenario next year is Republican House and Dem senate with lower seat difference. This is a disaster for any type of immigration. Senate would be only pro-illegal and house against any kind of immigration.
    On top of it the only political agenda would be 2012 Presidential election. So 2011-2012 are No-No years for anything good on immigration.
    On the other hand you can expect several anti-immigration bills passing with more and more venom in each bill as the clock ticks and enforcement drive firing on all cylinders.

    yes its a NO NO for any amnesty...things will get better once skilled immigrants can seprate from the illegal immigrant lobby. Thats what happened in 2000





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  • sanju
    12-17 04:38 PM
    sledge_hammer, xyzgc, truthiness,

    please remove bold text from your post in response to acool. In the words of Contessa Brewer, acool is a Fother Mucker.


    .





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  • Ramba
    08-05 01:50 PM
    Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.

    PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.





    bfadlia
    01-08 11:04 AM
    If you don't got the greencard, good luck for that. Please don't discuss any religious things here. It make others furious. Concentrate on your carrer and family. Belief in God is enough. Religion will give misery only. Man made the religion. God didn't created it.

    i'm really confused, my posts asked people not to let religion interfere with a political issue, you responded educating us on the salvation and trinity and disproving Mohamed's message.. which one of us was discussing religion..
    And still how does this justify you being racist to egyptians?!





    485Mbe4001
    08-05 04:35 PM
    Dude..if the rules for EB2 eligibility were followed to the T, most of the EB2 jobs would fall back to EB3. Stop the holier-than-thou postings, it is your first post. you were able to apply in EB2 good for you, you might dissaprove the post bit that is ok with me. you want to file a lawsuit sure go ahead, i also want a file a lawsuit with the FBI for messing up my name check, easier said than done.

    I have been in this mess since 2001, i have seen cases where jobs are modified to suit the resume and resumes are modified to suit the job and most of those guys have GCs by now.

    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.

    Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.

    2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.

    If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.



    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.