Saturday, June 25, 2011

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  • desi3933
    07-09 04:20 PM
    legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...

    You have the prove 2 things
    This "bad faith" was illegal and it caused harm & damages.

    Winning a case in court and being emotionally charged are two different things.

    __________________
    Not a legal advice.





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  • praveenuppaluri
    03-11 11:20 PM
    after all the hype and tensions running high among IVans....

    EB2 no change and EB3 moved by 3 months - so much for spillovers..

    and the article in the OP message starts as "We are pleased to announce the April 2010 cut-off dates ...." damnn.. sure they are pleased with themselves.. :mad:





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  • meridiani.planum
    03-07 05:32 PM
    Until last year, it was important to announce a job change via AC21 to USCIS. This was because many sponsoring employers would revoke the 140 (even after 180 days) so that they could reuse the Labor for someone else.

    When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.

    This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.

    Employer still has two incentives to revoke I-140:
    * outstanding I-140s get counted in ability-to-pay issues of future I-140s. Better to clear out older ones.
    * leaving an approved but unused I-140 is essentially leaving files open with USCIS as well as at your attorneys office. Expect the attorneys to revoke them (my own attorney of a big company asks the employer to close the files with USCIS by revoking the I-140). In addition to opened files, the attorneys get some fees atleast for doing this, so thats another motivation for them.





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  • logiclife
    01-30 04:42 PM
    Another thing about your situation.

    I am assuming your spouse is on H1. If he is having a stable job and GC process in queue, then your dependence on this potential desi employer significantly reduces. That gives you more power to bargain. For everything. Better paycheck and other perks. Most importantly, do negotiate the terms of starting to work. Make it clear to them that you will work ONLY AFTER you have I-797 approval and not before. If you dont negotiate, they would start marketing your resume even before your H4-to-H1 transfer petition reaches the USCIS service center. And you probably dont want to go along with that and work illegally.

    Use that independence to your advantage.

    If the primary applicant is on H1 and has the GC in pipeline, then the negotiating power significanly reduces. For you, the employer knows that you dont care if you have to go to another desi bodyshop paying better money for the same project and you dont care in worst case if you have to quit and go back on H4.



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  • kumar1
    07-31 03:18 PM
    x





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  • insbaby
    07-18 05:02 AM
    USCIS did not say that they will return the application and they should be refilled.

    With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.

    Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.

    It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.

    My lawer says:
    Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.



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  • nixstor
    09-19 11:14 AM
    Hi,

    I was one of the marshalls, reached Los Angeles like an hour ago. The rally was a huge success, but not upto the expectations from the locals. There is no doubt there is more participation from CA members in both days 17, & 18th and I am not sure what stopped locals attending the rally when they have excellent commuting options to the monument and the capitol area unlike the west coast where we're forced to drive.

    I am sure that the local chapter leaders such as Arun, Sukhvinder, Sivakanth, & others put a lot of time, effort, & money into getting the permits from different authorities, display matertials prepared and delivered on time, and other logistics.
    At the same time, having 6 weeks time for the rally, I think the local chapters in DC, VA, MD, & DE should have taken a bigger initiative in conducting chapter meetings to improve the participation, and volunteer efforts in receiving people from the airports and/or providing accommodations.

    I spoke to one person from CA who came with all the checks written with the names & amounts in advance, and handing them over to the respective members who sponsered others for the rally.

    Thanks to all who made the rally a big success.

    I do support in changing the organization name to "Legal Immigration Voice" immediately.

    I will be writing more in the morning,
    Chandra.

    What ever stopped the people in MA/NY/NJ to board the buses stopped the people in DC/VA/MD to get on to the Metro train and come to the rally. Its not the distance, as it may seem to you and me, But Its the lack of will, lack of commitment.

    If people think about San Jose rally and think it was a huge success, people showed up in 2 days yada yada.., there is a diff reason. Does it even need to be mentioned?

    All that I can tell you guys is we did more than our best to get the locals to get to the rally. We can only call/email them or give flyers and let them notify. The final 6 days, our active members had stood out at every place they could and distributed flyers to 3000-3500 people. All the six weeks they have been doing spreading the word.

    I hope your message was just expressing disappointment by the turn out an was not actually questioning the commitment of the people who worked on this.





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  • amitjoey
    01-18 11:47 AM
    Thanks IV core group. Signed up for $20/month. Please continue your efforts.

    I am from Chinese community and registered IV just a couple of week ago. There was no email message to me regarding this movement, and some other registerd users may encounter the same situation. You may need to resend them. Only when I opened IV website yesterday did I know this recurring program and current situation. I am assuming IV is the only group who are pushing to get the I-485 relief for high skilled workers with advanced degree. There are MANY MANY Chinese in the same situation but I guess there might not have so many Chinese in IV. IV core group may think of some better way to reach more Chinese or other people. Basically, we are on the same boat for the same direction. Better to concentrate all resources to reach one goal. I would suggest IV to setup a seperate Chinese (and Hispanic) contribution page to diverse the culture background of IV members.

    Subscription Payment Sent (ID #2PX91085T34540611)
    In reference to:S-19881018DS353430X


    Core can help, PM one of the core members. You could help IV by leading this effort.



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  • BlueSunD
    02-23 09:32 PM
    Sounds good to me, I havn�t had too much spare time to work on my entrie... but let�s really hope people havn�t really forgot abou this battle! :puzzled:





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  • webm
    04-24 11:53 AM
    Thank you all for the warm response. I appreciate it and wish the same for absolutely all of you. I hope my heated discussions with various officials about TSC's lack of action will clear some logjam for everyone else who is current but still waiting.

    Thanks much!!



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  • amitjoey
    02-14 11:33 AM
    I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.

    If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.


    That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
    So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
    The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.





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  • vine93
    03-19 02:19 PM
    I sent you yesterday.



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  • saggi13
    01-22 01:52 PM
    Its been 8 yrs, 2 recessions, 3 layoffs, marriage, baby, home, an expensive car, and lots of ego.

    And, I am still the same!!!!
    8 yrs of work, and i grow to become a PM (do my PMP and have a vision to become a program manager some day), and get an assignment at a very good financial firm and with a very good pay per hour as a contractor. I look at my life and go, now that i have what i want, i can go ahead and get more (i go back and think about how i initially came to the country with just 90$ in my pocket and on a H1). So, i start planning about buying a house.

    Dont buy a house!!!!!
    Parallelly, there is a discussion every where about housing bubble, and how good it is to buy a home now, and "now or never". While others at bay are pleading not to buy a home, because it is about to explode. The ego says, you are invincible. So go ahead. So I do.

    Ego!!!!
    I look at my 9 month old daughter and say, "she needs an own home and lots of place to run around and play", and not an silly apartment. Afterall, it is your daughter, genius! So, i bring all my money together, leaving almost nothing for reserves, thinking of the job i have and how good i am with the job, and finally purchase the home. Real estate agent milks me and I never see it coming though my wife suggests the same. Issues logistically at closing and some stress and all of it comes to a positive end in about 3 hours.

    Stroke!!!
    Finally I take the keys, I come home and put the keys in my daughters hands, and my new manager from work from last week calls. Phone is ringing. (The manager that brought me on board 2 months ago leaves the position, and i kept wondering why). I am smiling as i take the call thinking this guy is going to congratulate me, about the purchase of the home. But, 4 minutes later I am shaking and its sweat and i drop like a fly in the chair.

    Wife looks at me and says whats wrong? I tell her, I dont have a job any more, and it ends in 2 weeks. For 8 yrs, a number of times I did think about buying a home, and I have always kept away from it for the fear of losing the job, but now (well done EGO!), and I have a home. That too, it had to happen the same day that i closed on the home. I tell myself this is a long time coming.

    God!!!
    So, while being on bench and employer paying nada, I try to find jobs with all my previous managers, sr.vps, directors who I used to stick with, and nada...no one has a job for me. Start using credit cards and the little reserve for mortgage payments.

    Luck!!!
    2 months down the lane, the same manager calls and offers the same job, but with 15% rate cut. By this time, I am anout 7k in debt, and then have no choice but to accept the position.

    Intelligent!!!
    So, I start work with the same good financial firm again, thinking I will make the best out of the worst and will in no time succeed again (Ego). I am making about 1400$ less a month, but the spirit is high, as there is some income vs. none.

    Luck!!!
    4 months down the lane, debt goes to 10K as the money is insufficient, and the salary helps paying bills but not past debt. Then, it happens again. All news networks say that there will be mass layoffs in the next 3 years and could be upto many thousands.

    Am I one of them?
    So, i talk to my employer, previous managers, directors, sr.vps and every one else and I start looking around for a job again. One of my previous managers from the last place I worked at, says she has a gig, but as a tester. She knows I am looking for PM, but thats all she has. I worked for her as a project tech lead before.

    From PM to tester!!! From Devil to human!!!
    Have no choice and I am scared already. so, I put my ego aside, call my pride and take the job as a tester. Still making 1200 less from when i brought the home (been 9 months now), daughter is 18 months, still have the home and the car, but not the same person any more. Debt at 11K and waiting for tax returns to erase some of the debt, and request wife to start looking for jobs.

    Dont eat out, dont spend much, cook at home, cant think of fancy trips, but still have food to eat with hard earned money, and praying for all those who are

    not able to make ends meet.

    with all this going on for an year for now, I dont have time for GC any more.

    Do you?

    I still love my life whether depressed or surpressed - hahahahha!





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  • rajmehrotra
    09-11 10:56 AM
    http://www.asianjournal.com/?c=201&a=29863


    "In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."



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  • ski_dude12
    03-09 02:23 PM
    No change for EB2-I.





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  • vagish
    04-04 10:22 AM
    You will notice that there is not a single provision here that protects the rights of H1B workers and saves them from exploitation.

    There is not a single provision to punish employers who exploit H1Bs.

    Even with other immigration bills you will see there is not a single provision in these immigrtaion bills that punishes employers that hire illegal aliens. Thus all immigration laws being made never punish any US citizen breaking the law by employing an illegal alien or paying low salary or exploiting an H1B.

    Even with the current law, have you seen how many employers have been punished for employing illegal aliens. Do you know the penalty for getting caught. It is a mere $500 and nothing else. And you will be surprised to know that not even 100 employers have been fined last year. And only 2 H1B employers were punished after being sued by employees. No H1B employer was caught and punished for exploiting any employee. The laws are being made to favor US employers and to punish immigrants.

    I am surprised that nobody is noticing this.

    the laws are there , but only on the books, they don't fund them for enforcement.
    Also some laws are very week and needs to be changed.
    I think general american public is getting to know more about it as everyday
    passess with immigration debate. I think in the future if they pass any law
    it will come with heavy enforcement and also the provisions like hiking h1B and
    green card numbers, both will go hand in hand , there will be some controvercial provisions for both sides .



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  • ajthakur
    07-14 06:25 PM
    I filed EAD renewal on May 28 2008.
    Service Center: Nebraska
    When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?





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  • perm2gc
    01-05 02:59 AM
    An idea!!
    Lets just put our post on codeguru.com , expertsexchange.com etc etc....
    I'm pretty sure lot of techies visit there from all kind of nationalities.....
    Good Idea..Can you post in those websites and post the details here.
    Thank You





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  • bayarea07
    09-10 02:20 PM
    I dont think its the Right Link the link that you sent has lot of action going on but
    http://judiciary.house.gov/hearings/calendar.html
    has people moving all over the place and no action


    I found another link. Not sure if its the right one ?

    http://www.c-span.org/Watch/C-SPAN_wm.aspx





    imh1b
    11-12 03:21 PM
    To the original poster of this thread: Why don't you go to court first.

    I am sure after few days of visa bulletin, his anger will fizzle out and all these people talking about action will disappear.





    vin13
    02-11 11:33 AM
    The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf

    This was the response i got from Ron Gotcher.

    "The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."


    If this is true, we have lost a lot of visas last year.

    Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.

    Is there a way to confirm this? We got to do something to resolve this problem



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