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  • ItIsNotFunny
    10-03 01:53 PM
    Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)

    To: REGIONAL DIRECTORS
    SERVICE CENTER DIRECTORS
    From: Michael Aytes
    Acting Director of Domestic Operations
    Date: December 27, 2005
    Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
    H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
    2000 (AC21) (Public Law 106-313)


    Question 7. Should service centers or district offices request proof of �ability to pay� from
    successor employers in I-140 portability cases, in other words, from the new
    company/employer to which someone has ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
    classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
    new employer and the job offer through an RFE to the adjustment applicant for relevant information
    about these issues. In an adjustment setting, public charge is also a relevant inquiry.


    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
    "same or similar" occupational classification as the job for which the original I-140 petition was filed.
    Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
    through an RFE to the adjustment applicant for relevant information about these issues. Third, as
    with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
    140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
    to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
    intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
    intent, but in appropriate cases additional evidence or investigation may be appropriate.

    Do you believe IOs understand any of these complex rules? Few days before someone posted that at the time of final GC interview IO even didn't know at all about July fiasco!





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  • 485_spouse
    03-13 01:31 PM
    added a small contributioin of $100.





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  • FinalGC
    02-28 04:03 PM
    This article was written by IV sometime back. I think this is an excellent article, iIf you have it good, please ignore this posting....

    Dude, where's my green card?

    By Salil Pradhan

    While a fierce battle is raging over immigration reform for unskilled and undocumented workers, we the high-skilled, legal immigrants are struggling for employment-based permanent residency. The wait, intended by Congress to be one year or less, can now be up to 10 years in certain categories.

    I am a high-skilled, educated, legal, tax-paying resident of Stillwater, having dual master's degrees from Oklahoma State University. My wife obtained a Ph.D. from OSU and works there as a post-doctoral research scientist. After filing a plethora of immigration forms, paying exorbitant fees and waiting almost 5 years, our permanent residency application process is still in a state of limbo with no end in sight. In the absence of permanent residency and the associated uncertainty, we have missed several opportunities of economic investment and scientific research.

    People presume that since we are highly qualified and legal residents, it would be a matter of one to two years to obtain permanent residency. On the contrary, I, my wife and thousands of highly skilled, highly educated legal immigrant members of Immigration Voice ( www.immigrationvoice.org) are stuck in a bureaucratic mess that has shattered our American dreams, stagnated our careers and prevented us from realizing our true potential.

    The U.S. employment-based green card process is in need of a major overhaul. Hundreds of thousands of applicants have been stuck in the three-stage green card process � some since 1999. These highly skilled workers take up jobs for which qualified American citizens cannot be found. Though it's hard to imagine that a qualified American worker cannot be found for some high skilled jobs, there are several explanations for this disconnect.

    More than 50 percent of American graduate degrees in science and engineering go to foreign students, a majority of whom continue to stay in the United States and work on H1-B visas. A shortage of American graduate students translates to a shortage of American workers in skilled positions such as chip design, materials science, microbiology or nursing. Also, qualified Americans may be unwilling to relocate to a particular location. This is especially true for physicians working in under-served areas.

    Many misconceptions about H1-B visa holders have been propagated by largely anti-immigrant lobbies the most prominent being that they take away American jobs and are low-wage workers. The truth is that an H1-B visa holder can only be hired if a similarly qualified American citizen cannot be found. Also, the minimum H1-B wage, determined by the Department of Labor, cannot be less than that offered to an American worker in a similar job.

    Another myth is that H1-B workers don't pay taxes. Be assured that all H1-B workers pay taxes equal to what American citizens pay, including Social Security and Medicare taxes.
    If Congress passes S. 2691 and H.R. 5744, which Sen. John Cornyn, R-Texas, and Rep. John Shadegg, R-Ariz., have respectively introduced, America would undoubtedly become more competitive by ensuring availability of adequate high-skilled immigrants and by eliminating some of the red tape that plagues our legal immigration system.

    Pradhan is a member of Immigration Voice.





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  • indio0617
    04-03 10:40 AM
    Guys:

    We all are aware of the phenomenal progress that IV has achieved in just 3 months. Like any grassroots organization our success is dependent on the wholehearted support we get from our members.

    The road is long and hard. I am sure all our hard work is going to pay off. This is not the time to get impatient or frustrated. Remember we are all in this together. Let's be patient and wait for things to unfold.

    Thank You.



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  • chi_shark
    06-03 11:28 AM
    roy beck of numbersusa just said on the hearing that if 424 were to pass, his organization will feel better if 3 greencards from other categories are reduced for every greencard newly given out under 424... man... he should !@#!%#@$%@!@#$!@$$@#^#%^%^&&* *(!@#$@!$.





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  • snathan
    04-21 03:08 PM
    u mean ur parents r babysitters for last 4 years....I hope this teaches to keep ur mouth shut calling other's parents baby sitters.

    Whether we like it or not...this is a reality. I have had a neighbor where both the husband wife was working. They brought their parents every year... because it was cheaper than Day Care.

    But they didnt bother to drive Benz and BMW.



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  • chanduv23
    10-09 08:05 PM
    ^^^^^^^^^^^^^^^^^^





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  • chanduv23
    05-10 03:24 PM
    My 4th contribution today $100 - from my bank

    Immigration Voice
    Member ID : chanduv23 $100.00 05/16


    Contributed $400 so far along with this.

    IV is doing a great job. Great going IV.



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  • DDLMODES
    07-06 10:34 AM
    This will be a class action lawsuit which means that all the people who are in the same class as the plaintiff will get the benefit of the favourable decision. Now on whether to file or not, it is an individual decision but most of us have already prepared for the filling so there is no harm in going ahead with the filling. The worst will be to file again but nothing more than that can happen and as I have heard most of the attorney will not be charging again when people will be refiling their cases. So better to file your case and let USCIS reject rather than feel sorry later on if the judge rules in favour of the lawsuit.

    Disclaimer: ( This is not a legal advise or IV's stand but a personal though process)

    If I file today, how can I be in the same class with a guy that filed on the 2nd before the new bulletin came out ?? This is where I don't understand.

    I think is more for them to get a lot of people affected thus give the lawsuit more weight and also to justify the billing.

    As for whether competing for visa numbers is fair or not, of course is not...





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  • belmontboy
    11-15 12:19 AM
    When you "joined" them what was your situation? Were you previously on H1? When did you learn the fact that employer is not supposed to ask for money from the employees? If you knew these facts before you joined, and you joined them because of your situational needs, you may be considered a party to the fraud yourself. So if you did know about these situations beforehand, it is in your best interests to stick around till the contracted period and then decide on your next course of action.

    Your recourse to the law will be only when you are without guilt, from most of my understanding of how "desi blood suckers" work, they are not the only one taking advantage of you. In most, if not all, cases, people joining them do so because of their weak situation.

    let us not be moral police here.

    Its illegal for an employer to charge for H1B. You cannot expect employee to know and enforce the law. Employers know its illegal to charge money and in this case his employer is in violation of law.



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  • Junky
    11-17 08:29 AM
    Parasite/Desi Employer: An organism that lives in or on and takes its nourishment from another organism. A parasite/Desi Employer cannot live independently.





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  • chanduv23
    08-12 11:50 AM
    Can you guys PM each other and talk on phone?

    Macaca- your expertise is highly valuble and we need to get the ball rolling on the fact sheet ASAP - Singsa3 has committed to do this fact sheet as highest priority - with only 5 weeks to go, we need to get this out ASAP. Please talk to Singsa3 on phone so that he can get some quick points rather than scanning through news articles

    Dear IVers, please help singsa3 with whatever facts you can provide that we are trying to provide to people for the DC rally.

    Keep up the good work - lets keep the ball rolling



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  • chanduv23
    10-09 08:05 PM
    ^^^^^^^^^^^^^^^^^^





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  • krishmunn
    04-20 02:21 PM
    Looks like a few people at USCIS know that some kind of masters degree from india with a 3 years bachelors unrelated to ones profession cannot be used in place of US masters. Did not realize that USCIS has some people who know the rules and play by them. If all USCIS people who approve these cases know about this and if lawyers stop justifying that correspondence masters degree is equivalent of US masters, bogus initial eb2 applications as well as porting could be stopped.

    Looks like policiticans are doing some work here.

    First the degree should be related.

    See the rules here --- http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=7651047741&r=2351039351#2351039351

    USCIS knows the rules better than you and they DO apply the rules correctly. If you know of a case where there is a violation you are free to complaint to CIS rather than ranting in a public forum.

    A correspondence Masters from an ACCREDITED university is legit. As I said earlier, if a degree from a Accredited University is invalid than your degree is also invalid. There are tonns of legit US universities offering Online courses --- some examples are University of South Dakota, University of Massachusetts, Northeastern University etc.

    I challenge you --- say in a public forum that degree earned through online courses from these universities are bogus . I will make sure to forward that link to these universities and you can spend more time defending a defamation law suit than anything else.



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  • techskill
    06-23 09:56 PM
    I wrote NEBRASKA SERVICE CENTER

    Section 11 has been created for you to tell them abt last EAD APPLICATION.
    Keyword here is "application".
    So in the Date I wrote the EAD application date and not the recept date.
    This can be found on the last EAD receipt notice.
    You are already sending them a copy of front and back of current EAD, where they can find on which date the EAD was approved etc.

    Most cases Ideally current immigration status is "I-485 ADJUSTMENT OF STATUS PENDING".
    I entered on an L1 5-6 years back. so I wrote manner of last entry as "TEMPORARY WORKER (L1)". Yes I have not reentered USA since then. Ha Ha.

    My office mate reentered recently using AP and he wrote, also as per our lawyer, to use the word "PAROLEE"


    I have a Question on the "Date" after the "Which Service Center?" in the EAD renewal.

    My 485 & EAD original application was sent on July 26th 2007 and my notice date was Aug 28th 2007. (i.e USCIS cashed my check on Aug 28th 2007).

    Based on the original application date i have pay the filing fees for my renewal. So what date shud i mention in that column.. Notice Date or the Receipt date?.
    Because if i write the notice date then what about the filing fees.

    My application was sent before the fee hike on July 30th 2007.


    Thanks in Advance





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  • abc1125
    08-10 11:01 PM
    Would be interesting to see the analysis on this one. Seems like they moved it to a date they are confident of handling. Good and bad, I guess.



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  • tooclose
    08-11 10:30 AM
    Thanks nrk. I am keeping my fingers crossed. I was current for two months in 2008 but did not get. So hoping for the best this time but again I would not be surprised if I don't get it, especially looking at USCIS/DOS works.

    I was current in 2008 and then got RFE for me and for my spouse in 2008. We provided the evidence then. The status changed from RFE to RFE Review on Aug-1-2010.





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  • kumar1
    09-07 06:26 PM
    I have seen it happening a lot of times. You would not believe, I have seen management floating dummy projects, just to burn left over money so that they can claim the same amount next year. If they do not burn the cash, it would be hard for management to secure the same amount of budget very next year. You know, Sanju is so true! I have even seen management "encouraging" consultants to do over time. That way, consulting companies get more cash and hiring managers get paid "vacation(s)" somewhere near South Africa or Peru or Rio! Sanju - Well said, felt like something that I have seen at my client's location.





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  • Gravitation
    04-12 05:54 PM
    I just signed up for recurring contribution of $20/month.
    One-time contribution: $100
    Contributed $90 towards buying online advertising for IV.

    My best hope is that posting this will nudge at least one person to sign-up for monthly contributions.

    If it does, please post back.

    If only we had 1000 people contributing at least $20 each...

    Thanks & Regards,
    Gravity





    psaxena
    05-26 05:02 PM
    Now this seems to be a light at the end of the tunnel ( not of an incoming train. hope so)

    Lets support this bill, there is a website I am trying to remeber the address, I heard while driving on kfyi radio station, where all the bills are listed and people can poll on bills and this will help the lawmakers to find what bill is popular and which one is not.

    I'll try to find and post it on the forum, we can poll and support this bill.





    whiteStallion
    10-10 01:24 PM
    Happy columbus day to you all... Too bad we do not get a holiday in CA on this auspicious occassion :p



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