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  • kumarc123
    01-09 03:30 PM
    Good suggestions. Thanks. We do need ideas keep them coming.
    I do have a difference of opinion here. Most people come for their questions and discussions rather than advocacy everyday. Thus forums are important. We already have lot of space allocated for what IV is on the homepage.
    Pls suggest what changes you think will get us more visibility and confidence with new members.

    Hello Pappu,

    I feel we should have some banners up in different Indian stores, specially targeting some selfish EAD holders, who already feel they got their green cards irrespective of the current visa bulletin

    1. Setting up banners will not only attract new members, but will make these EAD holders think from a rational perspective.

    2.Also IV administration should send out a personal email to all it members, informing them about the importance of coming together, this way the EAD members who have stopped coming to IV will get the message.

    3. We should contact the Indian newspaper editors, to print about our rally on March1st 2009, I believe more awareness we spread a better result we get.


    Thank you





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  • leoindiano
    10-07 08:54 PM
    without approving 2004 cases, what is the point in moving the dates forward in november? Whoever is writing to Janet Napolitano, should point this out.





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  • gondalguru
    07-16 01:48 AM
    Applying 485 through Spouse

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

    My Priority date is Jan 2006, EB2-India category having approved I-140. My husband is in EB3-India having pd Jan'2004, already applied I-485 (140 is approved) and got his EAD and AP. He is already using his EAD. I am a dependent in his I-485 but did not use my EAD and still continuing on H1-B.


    Since my case is EB2-India which is going to be current in August'2008. Am I eligible to apply for I-485 me being the primary and my husband being my dependent? If so would there be any problem when USCIS adjudicates my case?

    Your valuable response is highly appreciated.

    Interfiling I-485 is not possible in your case. Recommended option will be to file a second I-485 set to use your EB2 category benefit. Again talk to you attorney and get his expert advise.

    Copy - Paste from usvisahelp website forum/blog

    What if my spouse and I both have approved/ pending I-140s?

    Some of our clients who have pending or approved I-140 petitions also have a spouse with a pending/ approved I-140 petition. The question arises of which I-140 petition to attach the I-485 filing to. This determination depends on several factors, including which spouse has greater job security; whether one spouse wishes to leave his/her employer; whether one spouse is in a preference category for which visa numbers will become available more quickly, etc.

    In a recent meeting with the American Immigration Lawyers Association (AILA), USCIS officials stated that while the regulations do not prohibit the filing of multiple adjustment of status applications by one alien, if one person does file two such applications, they may pick one to deny since both cannot be approved. USCIS also stated that where one alien is the principal applicant and the other is the derivative, the I-485 applications cannot be transferred to the other spouse’s I-140 petition. Instead, the pending I-485s must be withdrawn and new I-485s must be filed with the other spouse listed as the principal applicant.





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  • eb3_nepa
    07-11 10:01 PM
    eb3_nepa,
    The whole idea of this campaign was to get media attention and publicize this issue as much as possible, which we all know that it did just that quite effectively despite all the apprehensions and reservations expressed.

    This campaing was never thought of as a panacea for all our problems, whether it will lead to a fruitful or POSITIVE result that is still unknown. What is known is that this drive has provided some much needed traction and attraction to our cause, which is the important RESULT at this point in my opinion.

    All I am trying to say is that we should give some thought and imagination before discounting or discarding an idea even if it appears to be far fetched at first. Any idea proposed which is out of the ordinary will be meted with reservations and oppositions, after all its nature's law that there is always resistance to change,:rolleyes: good or bad.

    I don't want you to be eating your words :D , I know for sure that you want this problem resolved as much as anyone else on the forum.:D

    Everyone has right to be SKEPTICAL and even I am SKEPTICAL about the final outcome of our over all struggle, but I wasn't SKEPTICAL about the outcome of this campaign.

    May the force be with you.:D

    Green_Print, I agree we got a lot of media attention. However most of it was hidden beneath the depths of other more important news to the average american. Yes we got attention from the press and I hope we get even more. However if nothing comes out of this campaign, then is it not heart breaking to everyone who sent these flowers? :)

    If you guys think this was a success, how about sending the same flowers to the Congressmen and Senators in thier DC offices?



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  • inderman
    10-23 11:56 AM
    @overseas, you should follow up with an email to Ombudsman tellin them u submitted DHS 7001...and also try to call Ombudsman... The number was on one of these threads...

    Also, try senator Dianne Feinstein.... Good Luck





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  • pop
    01-20 08:40 AM
    Because you still need a visa to enter the USA (though you have an H-1B approval) and application for the visa abroad is not always easy.



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  • SunnySurya
    08-07 01:26 PM
    You stand is understandable, but I still will urge you to join me. It is of course not illegal but unfair towards the people already in EB2 line. If there were no limits on visas, it will not have been an issue to begin with. Think about the depth of the issue.
    Hi SunnySurya an Rolling_flood,

    I am EB2 and have a Masters but I don't support your case or even the basis of it. Mostly it is because I don't think MOST of the folks who use PD porting are doing it illegally or even cutting through the line undeservedly. If I am not wrong, these folks will have put in the time (work exp wise and/or added higher education) and should rightfully get the position certified as EB2.

    Now granted that there are always a small minority people who genuinely are not deserving. First, can you define in your view what kind of PD porting is unethical?

    Additionally, can you back up your claims by providing any kind of stats of such cases per year and how much impact it really causes to the GC wait time of those already waiting in queue for EB2? Are they that significant for you and Rolling Stone to feel so wronged?

    In conclusion, unlike the unjust labor substitution process, your case is not convincing because I don't think most people availing PD porting are doing anything wrong legally and ethically. I would love to see stats and examples though.

    Regards.





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  • CADude
    11-09 12:03 PM
    I do received RD as July 2nd and ND: Oct 10 on RN. I am not planning to bug IO@NSC for EAD or NC untill Jan 2008 or I see my PD current per VB.

    I called yesterday and spoke to an IO at TSC.. she says I am seen pending for name check as of Oct 17.
    I am a July 2 filer.

    CAdude.. I have a question for you though.. Did your notices show receipt dates of 2nd July or different.
    I spoke to my lawyer about getting it fixed.. but they never responded to me back.

    *Happy Diwali*



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  • drirshad
    01-09 01:43 PM
    DOW has crossed the 11,000 mark that is good for the economy .......





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  • kumar_77
    06-29 04:02 PM
    We are hearing from multiple sources that, on Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.

    This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted:mad: :mad: :mad: :mad:



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  • baburob2
    01-07 10:29 PM
    not that i know of , but i have heard at number of places this coming up very faster. it might be one of those s1932 clauses in disguise. i will keep a tab on this legislation which seems to be very good.





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  • funny
    09-15 04:39 PM
    Anyone knows when is the bill actually scheduled for voting..



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  • old_hat
    05-09 08:57 PM
    I have news for you (and the certitude with which you make your claims here are laughable). Computer science graduation rates in US went up this year by 6-8%, because the visa caps since 2003 remained at 65000 instead of 195000 creating some demand here. I personally know kids who wanted to go to Computer science, but went for other areas like health care because of the lack of offshoring/H1 etc. If the crooked Indian offshorers and fly-by-night operators are not driving down the wages, more americans will go to computer science, as they would go for a career as MD or Pharmacist or lawyer (almost all those careers need at least 6-8 years of college). They also know that professional associations like AMA or APhA wouldn't allow importing foreign workers by corporations/hospitals on a scale that H1-bs are imported in IT area

    Very sorry to disagree with you. Kids here have a lot more well paying choices for career and computer science is not really the glamour area for them. Where do you get 6-8% number from? is it Bachelors, Masters or PHD graduates? What percentage of this number is foreign students? in my experience there was a surge of foreign applicants even at Bachelors level during the same period.

    Kids choices here are guided by their interest and career opportunities. And interest is the foremost criteria. Your thoughts about physicians or pharmacists are not apple to apple comparison. People have been sick through out the history of mankind and there has been increase in physicians and care providers propotional to population growth rate. There has been no explosive growth in those areas. IT/semiconductors/computers have gone through a period of explosive growth. That growth rate slowed with the burst of 2000-2001 and the H1 numbers reflect that. Why are H1 numbers not taken this year? It is simply because the market has slowed down.

    Based on my experience, I wouldn't say that Indian kids have any special skills in maths or science compared to americans. Contrary to what you claim, people are aware of H1s and offshoring(may be so much on the exploitation of L1) as they talk to friends and family and guidance counselors at school. Most of the IT jobs were Indian H1-bs are employed doesn't even need computer science or engineering degree. Some of the best architects I have seen in IT didn't have a computer science major. A green-horn from TCS/INFY with a computer science degree and pretending to be an architect doesn't mean he is the best IT professional available in the market.
    A computer science degree is not a mujst but it should be in related fields of science, math or engineering. can you show me a pharmacist or physician who is an architect ? The guy who is hiring a professional will determine who is the best suited for his needs? If the guy from TCS/Infy does not suit his needs he can find the best guy available to him. You can not judge who is best suited for all jobs available. And in this economy if a person's skill does not suit the job he is out of the door pretty quickly.





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  • snathan
    04-27 12:04 AM
    We heard so many stories about violation many Indian bodyshoppers like bench without pay,Low pay ,fake resumes and many more. But when any bill comes to control them we are opposing. Because we fear that we may be one of the persons working in those companies and may be impacted by that.

    Certainly the bill is not a pro immigrant and anti immigrant bill. But some kind of restriction is needed to clean out H1b. I accept as a pro immigrant we have to oppose any anti immigrant bill. So I am sure IV will try to block the bill as they did the restriction in TARP.

    I am not going to get any benefit if they shut the door behind me. I need just one job that I can get any time and whatever compettion and there is no need to shut thousands of people. So my views are not based on any personal ambition.

    I am seeing some positives in the bill. Wages will increase for the H1bs also. Only genuine companies can do the business. Best and bright people will not be impacted by this. Also it can open opportunity to increase H1b Cap and Green card Cap. So there is a good possiblity to reduce or eliminate retrogession.

    Basically there are two options for IV and other pro immigrants if the bill is considered serously. One is just oppose the bill and try to block completely. Or other option is to negotiate to include our agenda to recapture/increase GC and also to modify the portions of bill. Instead of failing with option 1 getting success in option 2 is better.

    I think this bill will not be passed if it is against WTO trade regulations.

    So you never know all these violation when you were in H1. What were you doing then. Why didnt you oppose then. If you know the violation did you call the USCIS and DOL and complain...No. Because you would end up in trouble. Now you got your GC and no matter if other guys are end up in trouble, in fact it would be helpful for you... Are you ready to review your status thorught all your H1, all your PREM processing to prove there is no violation...? Eveyone know how things are working. So if you got your GC just keep quite and move on. When you can not be helpful to others...why you are just creating pain.

    If you are worrying about the wages..let them free the employees from employer. Thats the best way to clean up the system. If you are really pro-immigrant your thoughts should align in that direction. But most of us see you as Ron Diamond in the making. Its very unfortunate. One study shows that only immigrants opposing immigration more than natvie people.



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  • makemygc
    01-24 10:30 PM
    Patience :). Air India, Jet and Kingfisher have plenty of long range airliners on order with Boeing (http://active.boeing.com/commercial/orders/index.cfm?content=timeperiodselection.cfm&pageid=m15523) and Airbus (http://www.airbus.com/en/corporate/orders_and_deliveries/).

    Air India flying direct to India starting from feb 08, at least that's what I was told when I went through that horryifing experience in UK (see my post above)





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  • psaxena
    09-23 06:25 PM
    The numbers are based of the I-485 already filed. Please read the heading of the page 5


    That's exactly what I wrote a few posts above. I think the more basic question is - What does 485 inventory mean? Is it already filed 485 numbers or "can be filed based on approved I-140" numbers?

    To the OP: Can you provide the link from where we can open the PDF instead of just throwing the PDF open. Maybe that will provide a better context to the numbers.



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  • sc3
    08-20 02:00 PM
    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.




    "

    That is true. USCIS behaviour no longer (or never has) assumes the meaning of EB1&EB2 wording in the law text.

    Previously a lot of visas flowed into EB3 because USCIS misinterpreted ( rather did not take into account) the AC21 change, which suggests that the per-category spill over numbers must be used within the category before flowing out of the category.

    Unfortunately, when they realized it, they seem to now ignore (or have always ignored) the wording of EB1&EB2 numbers flowing in EB3. A lot of people here don't agree with this interpretation, but I am very sure that USCIS is misreading the law and is shafting EB3 big time.

    I dont know how to word a letter to USCIS that shows them their oversight, and yet word it in a positive (or a non-confrontational) manner. If you have any idea's, lets work on a letter campaign to make USCIS aware of this. However, let us do this through personal PMs while we work out the details, as this is a very contentious issue and you will spend a lot of time responding to distracting arguments.





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  • vikki76
    10-26 08:30 PM
    This is really great news. Congratulations caliguy--I have been following your posts since Sept and know that you were quite active (read that perturbed) on your case.
    One less thing to worry about in life.
    You have been quite persistent in your efforts to get correct answer from IO.

    In my case- when I reached IO using POJ- I was told that case has been predjudicated, and now assigned to IO. How do I get more info than this? Even I have multiple 140-so ,I too am bit worried about that part.





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  • starscream
    04-24 04:45 PM
    I have not seen the language of the bill. Has anyone seen the exact language of the bill?

    Should this bill become law (in its present form without any changes ) will the new provisions apply to ANY H1B application (i.e new applications, Transfer due to change of employer , H1B extension application with current employer) or just to NEW H1B applications and not to H1B extensions filed by the currentemployer.

    There are hundreds of H1B applicants who do not have EAD but have approved PERM or approved PERM + approved I-140 and will be filing for extensions.

    The H1B resttrictions in the TARP law only apply to new H1B filings.





    gc28262
    04-24 04:55 PM
    Many folks on this forum are so excited that consulting companies are going to be affected by this bill. Many FTEs think they are safe and consulting companies going out of business will help them get their GCs faster. Wait and watch, such bills typically affects direct hiring companies more than consulting companies in the end.

    Remember who is proposing these bills. Durbin and gang. Do you think they are trying to liberate the employees from the clutches of "bad" employers. I don't think so.

    Many IV members has started seeing this anti-H1B bill as CIR 2009.
    We are such a pathetic community !





    indianabacklog
    06-18 08:10 PM
    Why do we need 325A?- i thought this was for people in illegal status. Our son entered the US on valid H4 visa. Also do we need to request in application to attach the file to mother or anything like that. I will give the USCIS a call and share that information here if I find anything more.

    thanks
    krishna

    I was unable to file for my son since he aged out over a year ago because of long delay in labor cert. However, I filed for my spouse and we both submitted G325A in accordance with instructions from my international services division at work.