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  • Macaca
    01-18 10:52 AM
    The work on the bill is happening even now behind the scene. We wish to put in more resources and plan for more resources in the coming months.

    We are still getting a lot of bounced messages. people have given us email ids like

    If the bill will come up in Feb, behind the scene work must have started or will start after the first 100 hours plan (which should end soon).

    Please send PM to these members. It is better then bounced email.

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  • unitednations
    12-22 02:34 PM
    this is our history...

    1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.

    2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.

    NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form

    current employer C : July 07 - current
    employer B : Jan 2006 - June 2007
    employer A : June 2003 - Dec 2005 (who filed for labor/i140)

    the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A

    She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....

    when I call back..she says we will handle any RFE's...

    quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..

    pls post your thoughts and comments..
    hope I dint confuse

    Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.

    I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.

    You might be able to appreciate this story:

    I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.

    He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:

    You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.

    Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.

    Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.

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  • ajm
    11-02 12:40 AM
    NRC 2008 063585

    The request is in the complex track.

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  • thomachan72
    05-26 08:07 PM
    as one member mentioned I am planning to take photocopy (notarized) of my visa and I-94 and carry one copy in the car. I am sure they are not out there to capture H1b/L1 visa holders who are ilegal. They will have to search for years before they can find somebody. There are very very very few it all any of us who might be present ilegally and they very well should know that by now. The should be more concerned about those who come on B1/B2 or other visas like artists etc. These are likely to overstay but 99% of us EB people are legal and very careful to be legal always. But anyway thanks for posting, I am getting my photocopy ASAP.


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  • sprajulu
    07-01 04:09 PM
    We all should request politely to end the specific reservations.

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  • svbp007
    02-24 01:53 PM
    Hi, I hope somebody helps in my dilemma.

    I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?


    There should not be a problem with your L1. It was a requirement to get L1...not to stay on L1. Given that L1 is a dual intent does not make sense either.

    I know directly of a case where the company from which a colleague came from India was sold to another company ....but because in the preceding 3 years the Indian company was an was OK.

    What L1 requirements are you talking about ? there any rule that you saw that states that if the subsidiary closes L1 becomes invalid?...can you provide that link/info ?


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  • imconfused
    07-09 04:16 PM
    I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.

    Not a legal advice.

    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...

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  • uma001
    07-29 12:42 PM
    When they cannot do it, why promise?. Complete the pre-PERM process in 3-6 months and come to decision immediately.Dont drag it for 3-4 years and say 'oh, no we cant file green cards, we found candidates and they will hire H1s again, not american citizens. And they repeat the whole process again.Wasting 3-4 years on GC process is not a small thing. You need to start from scratch again.

    If big companies do not have any intention of doing green cards then say it before hiring.


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  • Sakthisagar
    06-11 10:39 AM
    no need to worry about this proposal, as some one said this is a proposal like thousands of bills gone inside the whirl wind of politics in Senate and Congress, but as a precaution, IV warned everyone to sign this and send it to senators so they are extra aware of this situation. discussing on this is a waste of time. because this not even a burning issue and no one can pass and amendment without making aware of all the Senators.

    Grassley is always against H1B and the latest Jan 8th memo is because of his push. but this proposal of his will not work out. and H1B memo is currently sued in the court.

    Folks, Please do not get extra alarmed ont his stupid proposal.

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  • immigrationmatters30
    09-19 02:25 PM
    What if 485 was not filed but have an approved 140? Economy is taking big hits on the all the consulting firms even the big ones.I know this because I work for one and I was told budget spending on IT is going to be really tight moving forward for another couple of years espcially in financial sector.


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  • MahaBharatGC
    10-22 04:40 PM
    All - plz take it easy as this is solely individual opinion.

    When a country is prospering means the jobs are getting created. That is what happened until Clinton Era. But I know that this cannot be forever. Every field is going to reach the peak, falls back and hopefully straightens.
    Our IT field is somewhat dependent on other industries to create jobs. So, if other industries are all shipping the operations to foreign soil or loosing steam due to competition in free trade how well a country can prosper. You cannot have 100% service oriented is only possible for small countries like Singapore...but not for big countries like US of A where they have plenty of land.
    So, my point here is if you want GC you should have job now (EBn) and future. So, if jobs are getting created then you will have job today and tomorrow too.
    So, simply saying "I support immigration" does not mean anything. It could be a REAL political statement like our famous Indian politicians. So, at this time I do not believe nobody as this is all still nacent. once someone takes office, we should be ready to push with our goals in mind.

    It is good to debate between one another but let us have plans to how to deal for our existence...

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  • ivuser
    01-30 02:25 PM
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  • laborchic
    09-19 01:12 PM
    First, I would like to congratulate everyone who contributed to the success of the DC rally on Sep 18, 2007...

    I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!

    We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.

    1. We must immediately change our name to still should work....This should be done within next week...Please conduct a poll for this ASAP.

    2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...

    3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..

    Also, all our T-shirts should have
    "Legal Immigrants - - Faster Green cards for Legal highly skilled Immigrants" in the back

    4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...

    5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it is clear that all our signs need this text at the bottom "Legal Immigrants - - Faster Green cards for Legal highly skilled Immigrants"

    We cannot be perfect the first or second time....Lets learn from this rally....

    A pat in the back to all those who attended the rally....

    Good Luck

    RNGC: I just realised this morning that it was you with whom I was discussing all these issues last morning. Great going Sir.... I totally agree with you..

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  • snathan
    03-10 01:13 PM
    Yes...we need to get the unused visa numbers. But this is not the right time for that. Because of the economy there will be huge outcry and we should avoid the negative publicity.

    In this situation if things are not going bad for us, we should be happy. At least for status quo rather than losing what we have.


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  • GC_1000Watt
    03-12 02:39 PM
    Here we are again "Mentally" bruised and beaten by yet another VB.
    USCIS talk about some unknown cases in district offices..tomorrow they will say they have more pending unknown cases at some local attorney general office. And then we have no spillover happening, just asking for a disastorus wastage of visa in the last quarter. That's all ridiculous and making a mockery out of us.

    Wish I had the power and money to pull USCIS in court and ask them to actually clear the scene to all of us.
    Can "IV" in some way provide us with the "Power" to question USCIS and publish the answer in public? If the answer is Yes, then I am sure many people can contribute for the cause.

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    05-15 10:30 AM
    actually online MBA costs 2 times more than regular MBA in most cases..they dont have concept of instate/out-of-state tuition for online.yeah its online but still people can be within the state paying state taxes or whatever..

    they should consider this, I say :cool:

    That's bull. Online at top-rated university costs as much as full-time but definitely not more. Most of the top-notch universities don't even differentiate in-state and out-of-state. M.B.A is a money printing machine for them. Assistantships, in full-time schools, are very few and scarce and competition for them is pretty high. I have friends going to Darden School of Business as full-time students and they are paying close to $70k in fee alone. Add to this the cost of living, books etc. Times are pretty bad now and few of them couldnot even get internships for this summer and few who got had had their offers rescinded. For full-time school you have to consider something called "Opportunity Cost". There was a article in Businessweek which mentioned that a Harvard full-time M.B.A will take 15 years to break-even on his M.B.A investment. The reason for this is that he will be spending $80k on fee alone, another $20-30k for living expenses for 2 years, another 10-20k in books and other expenses. At the same time he would have lost on a average $160-200k in 2 year salary and benefits. Combines together it adds upto $300k which can be invested at average 6% interest, if you are a savvy investor, and get good returns. Assuming a Harvard M.B.A graduate on a average make $120k out-of-school if would take 15 years for him to break-even even with all the increments and bonuses.


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  • supernova
    04-06 08:37 PM
    I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.

    You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.

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  • jcmenon
    07-24 10:54 AM
    It all depend how we interpret the law.

    Here is the arguement by stuck labor


    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

    (3) an immigrant visa is immediately available to him at the time his application is filed."


    The above is applicable for adjustment of status only not for filing of 485.
    Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.

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  • jthomas
    10-16 05:41 PM
    I would think better than doing one day off from work let all the state chapters do a mela for diwali, distrubute flyers, educate american citizens about legal immigration, get contributions and then pass on to IV.

    Lets check which state chapter can get max contributions

    Rather than a flower campaign, I'd rather have no EB legal immigrants at work day where every single legal immigrant and should not go to work.

    If you have or want citizenship via EB Immigration, you don't go to work for one day, say Jan 02 2009. Then people will realize that we are important to them. A lot more than Gmail ( will be down.

    01-30 10:31 AM
    Yes. Ajay and I'll take care of the Metropark distribution.

    Re: EBC Radio

    For 2 times a day AD, for a month would cost $1000 + $300 (One time, Ad prep cost) = $1300. It would cost $1000 (from month 2 onward)

    If we sign-up for a year, they give a free program for 30 minutes (10 minutes intro/conclusion etc, so 20 minutes really).

    If we only want to do the 1/2hr program, it would cost $500.

    In my opinion, distributing fliers is the BEST and Most cost-effective option. Because our goal (with any type of marketing) is to bring-in more membership/contribution, paying $1800 (1 month ad + 1 program) = 90 people pitching-in for $20 contribution.

    I say we leave this Radio/TV Ads option, and just concentrate on distributing fliers and meeting with congressmen/congresswomen as a group in addition to meeting them 1:1.


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    07-12 04:01 PM

    The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the CIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On July 7th, CIS provided the required data to VO.

    The Department of State has determined the Family and Employment preference numerical limits for FY-2010 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2010 are as follows:

    Worldwide Family-Sponsored preference limit: 226,000
    Worldwide Employment-Based preference limit: 150,667

    Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2010 the per-country limit is 26,367. The dependent area annual limit is 2%, or 7,533.

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