Saturday, June 25, 2011

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  • newbee7
    07-09 03:54 PM
    I dont think legally you can sue someone, because they have worked harder.
    I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.

    If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.

    I till now personally believe , that the USCIS/DOS hasnt broken any law.
    They may have however changed a pettern,process , but no law has been broken.
    Delhiguy,
    YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.





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  • laborchic
    09-19 10:51 AM
    We should change our name to Legal Immigration Voice..





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  • rajeev_74
    07-05 04:44 PM
    Really shameful...we have a thick skin & a weak heart

    Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.





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  • pmb76
    03-18 04:58 PM
    Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26

    Ron Gotcher said on his reply to some readers questions:
    The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.

    He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.

    So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
    __________________

    Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:

    D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.



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  • leo2606
    08-15 09:44 PM
    That is true any bodys priority date before that date and cleared FBI name check, finger printing they will be given GC
    What do these dates mean? If they are dates for who can apply in Sept, then all (those who could) have filed their AOS in July/August. Do they mean that in Sept 07 USCIS will be approving GC for those within these dates?





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  • nomi
    12-13 11:03 AM
    I know , More than 50% of IV members who can not file I 485 due to retrogression will be happy to pay this nominal amount of $10 to fax letter to USCIS for rule change
    but What is the stand of Core group on this?
    No update from any one!!

    Please Core Team ,

    Help us in this option and show us right way. We will generate $60,000 for IV and if nothing happen but we will make Headline in Media which will help us in future efforts in US Senate.

    Please throw some light in this regard.

    thx.

    nomi



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  • sam_hoosier
    01-18 04:52 PM
    http://www.nelp.org/docUploads/Fact%20sheet%20formatted%2Epdf

    This will help you understand the law...you didnt have to answer the police officer.

    Based on this document, it looks like I-766 (EAD card) is good enough as proof of ID & immigration status.





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  • sri1309
    12-12 06:43 AM
    Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.

    Compare that with US consulate and DOS VISA bulletin and GC process...

    Kumar,
    We recently had this experience with our bank. We saw a level of carelessness thrice. You know what, we closed our account with the bank and open it with a new one. Please do not assume somebody is doing a favor on you. You contribute and work hard. You will get benefits. Same applies to the other party also. Please be able to see from both sides, else it will leave a bad taste for you as you seem to assume that you are the taker. Most of us are givers too here. Please respect the contribution IF you make. I have seen this one-sided feeling mostly with people who are just takers and do not contribute atall. If thats the case, then you are absolutely right.
    But not in my case. Doesnt look in Kavita's case or many others, as I see.



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  • jthomas
    05-26 10:39 PM
    I was checked by immigration authorities when i was comming from San diego to Los Angeles. Near the check post there were signs to go slow for imigration checks. One border patrol car came besides me and waved his hand to pull towards the curb. I changed my lanes and also helped the border patrol to change his lanes towards the shoulder. He got down from his car and asked me what is my status I told H1B. I showed him my ID card and told him to check my status through my ID card. He returned my ID card and let me go. (I don't know why they let me go maybe my name is spanish and my last name is british)
    Just wondering what would the immigration authorities do if they catch a illegal. There are millions of illegals in Los Angeles and they also had rallies almost every year in downtown Los Angeles.
    I am not going to carry my immigration document if i am within US. I never have carried during the last 7 years. At the most they would escort me to my residence which is okay for me.

    J thomas

    I carry my GC, passport etc even if i get out of my house to my lawn.
    I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?





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  • snathan
    08-21 03:54 PM
    luvschocolates...

    I really feel sorry for you. I understand your issue and wish we can help you...but things are really complicated in your case. But unfortunately this is how the USCIS is working and immigration is completely broken. Please iginore these guys and get legal help. May be you can contact Sheela Murthy law firm. Its expensive but no other option. Or post your issues in their web site or Ron gotcher's web site. He might be able to guide you in this.

    Thanks



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  • ak_2006
    09-09 02:37 PM
    I feel like there will be no special help from anybody including IV. I am not blaming IV for this as they have to fight for all. We (EBI) need lead the fight to do something.

    But many of us not willing to do spend time/money for this cause. If a person can't do those, switch jobs, and find jobs where we can start processing in EB2, or ask current employers to apply in EB2.





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  • EkAurAaya
    07-17 12:25 AM
    satysh very well written, but unfortunately i dont think it will make any difference on bigots over at numbers and other anti immigrant sites



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  • vshar
    03-12 09:59 AM
    Priyah Dosto,
    Visa Bulletin Gaand Mein Ley Lao Ab..... Kuch nahi hone waala.

    believe me I laughed for 2-3 minutes after reading your comment. Keep it up.:D





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  • vgayalu
    07-25 12:12 PM
    Dear Friends,
    What is availability means available for persons applied before cut of dates? or not at all available like present Eb2.
    A Person can apply only when visa's are available. For example right now there are no Visas for EB2. So no one can apply for I 485 under EB2 category. But when visas are available like EB3 why do not we apply. Cut off dates are USCIS created ones for their work conveninece by allowing few applicants . It is not law. There is no such hard and fast law stating that the applicants having priority dates before cut off dates can only apply for I 485. Just USCIS can issue a Circular to allow I 485 against to visa dates.
    If it is really a law then they should say aome thing about the method of calculating cut off dates.

    Why do not we write atleast a letter to allow to apply I 485 when visas are avaible by ignoring USCIS defined cut off dates.
    Please discuss with senior attorneys and DHS and DGS officials.

    With regards,
    vgayalu



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  • syedajmal
    03-09 11:26 PM
    We do have a lot of discussions and a lot of great ideas that come by, but one thing we seem to lack is the same Enthusiasm and direction we used to see from the Core. Right to me it looks like it has been a while since I have heard from them (except for hearing from Pappu but with no action item) on what is their plan and what is happening.

    I don't mean to criticize them as the whole awakening and this forum is a result of their awakening. But they seem to be missing or at least haven't seen any updates. I am probably not one of the highest contributors, but for me to further contribute in the future I need to see hope in the activities here And I don't see that now.

    I also don't wanna come up with fresh ideas, since we already have quite a few suggestions tabled by the core on which we need an update and also from other members.

    We need leadership and action. Not more members or $$$. With leadership I think the rest will follow.





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  • natrajs
    06-06 03:42 PM
    After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.

    Congrats and Best Wishes



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  • svr_76
    07-29 11:51 AM
    Filing H1 and GC(Perm) are 2 different problems. H1 is temporarily hiring a skilled resource whereas GC is the intent to sponser for permanent immigration. And hence PERM processing is more involved.

    Big corporation, which have to maintain accurate HR job descriptions/codes etc find that during PERM advertisement, they do find qualified applicants. At that point they cannot continue the process. This "recruitment" process is the most costly of the entire GC process and if they "find/receive" applications from qualified citizens/GC holders/Or ppl who dont need sponsership (read EAD) then they have to stop that process....

    So saying that we will do GC is fine..but the current ground realities are different. You can get GC done from Desi consultant bcos the skirt the whole issue and "make" up the job requirement they want..well (read hell) they will even run fake pay stubs for u...so they can do wonders.





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  • arsh007
    02-01 11:38 AM
    Looks like there is now an increasing awareness of how Desi Consulting companies are bringing in a bad name to the entire desi population in this country.

    Found this email from Google H-1B Group: from
    infoprovider_ 2 at yahoo dot com.

    Hi,
    I would like to inform you about the large scale fraud going in the
    technology world today in USA. I know of many small-mid sized IT
    consultancies in US, which are founded by Indians. They recruit people
    (1) with degrees from various fields, most of the candidates recruited
    don't ever have any experience in computers. They train them in some
    tools (2) and change the resume totally (3), someone who has knowledge
    relevant to the job takes the interview instead of the actual candidate
    and they get placed. Ironically, even though these jobs advertisements
    say that around 5 years of experience is required, usually someone with
    not so high aptitude and limited trainig in that parituclar tool (2)
    can manage to sustain in that position, this is very real, these jobs
    can be done that way. They manage to get jobs in the biggest of US
    companies (4).


    This consultancy fraud is know to almost every Indian working in the
    technology sector. The consultancies almost don't take any one other
    than from India and surronding countires like Bangladesh, Srilanka. 99%
    of those i have seen are from India and the remaining 1% from
    Bangladesh, Srilanka etc.

    How many are doing this?
    I believe there would be atleast a few thousands of consultancies.
    Wanna find them? SOme of them advertise in Indian content sites such as
    sulekha.com. Look at the right hand side of the page
    classifieds. sulekha.com

    Who is loosing due to this.
    If this jobs can be done by someone with no experience in that
    technology, can't these be done by those americans who have a better
    experience (say 2 years or even 1 year), these folks work sincerely and
    go with correct resumes get X dollars where as the fraudsters get 3X -
    5X dollars.

    I don't say that every one from India are doing this. But a significant
    many are doing this. I know around 30 people working in US in
    technology sector. Over 20 are working this way. I can confidently say
    hundreds of thousands are doing this today and each year at least 50000
    (from student pool, dependents pool, directly coming to the
    consultancies as H1b workers from India) are joining them. Also, I am
    talking about the small to mid sized (1- 1000 people) consultancies not
    the big Indian consultancies such as Infosys and TCS.

    Solution:
    A lot of things can be done. But the simple thing that's easy to
    implement by the americans and thus not impede their productivity by
    spending too much resources in verifying the authenticity is this
    Let the INS provide the details of the H1b holders to the companies
    when asked by the companies only (this is similar to letting others
    e.g., housing provider, know about one's credit history). So, with the
    applicants SSN the companies can see the basic information like when
    the applicant has got his H1b approved and the resume submitted by the
    applicant with his H1b application (usually not many applicants give a
    very wrong resume to the INS while applying for the H1b). This
    eliminates almost all the cases of fraudsters (since they can't come to
    US today, one or two years ago and say that I have been working here
    for 5 years). This is one simple solution, easy to implement.
    There are many othere solutions



    (1) Whom do they usually recruit

    Thousands of students come from India every year to pursue Masters
    degree. They come to pursue Master's in various fields, the fields in
    which they have done their bachelor's back in India. Only about a
    quarter of them manage to get jobs in the fields in which they have
    done their Master's as direct employees of the companies. The remaining
    join these consultancies as they can easily get jobs through the
    consultancies.

    Dependents, mostly those who come as spouses (coming as wives). They
    might have done some bachelors degree or Masters back in India in some
    field. Many of them not in computers. They don't have any experience
    there. They can easily be placed by the consultancies.

    SOme others pay these consultancies for sponsoring H1b visa. Typically
    the consultancies take the fee required for teh application and the
    lawyer fee (usually USD 2500-USD3000) . SOme of these cases are those
    with experience in IT in India. But significant number of the remaining
    are not experienced. Recently I have seen people who have been to other
    countries for their studies like Australia and Europe coming through
    the consultancies this way. Even most of these guys have no experience
    in IT, most experience in no field.



    (2) Which technologies they work in
    I have seen that the technologies they work in are in which the pay
    rates are high (because of lack of skillful people) like SAP,
    DataWarehousing tools. They also work in other fields like Testing etc.
    There are literally hundreds of thousands of jobs in these fields.

    (3) How much is the resume changed
    They change the resume totally. Every resume says the person has worked
    in US for over 4 years, doesn't matter if it is someone who came for
    masters to US an year or two years ago or someone who very recently
    came as a wife to someone.
    All most everyone's resumes have over 5 years experience where as in
    reality almost everyone don't have that much experience. If someone has
    that much experience they wouldn't go through these consultants who
    take a big fraction of the pay they get from the clients.

    Can't it be detected?
    No, in most cases its hard (expensive) for the recruiters (the clients)
    to find the authenticity of the resumes submitted. There is no proof
    that these resumes are authentic. Just in case some references are
    needed the consultancies give a dummy reference, and some phone number
    (they can ask some contacts, their acquiantainces working in some
    companies to take the call,if at all they feel that the client will
    find out from the phone number which company does this phone number
    belongs to, but most of the client companies don't go that far too, so
    a guy's mobile number who is working in the consultancy itself can be
    given as referencees contact number). It is hard to remember the voice
    by the interviewer after a few days of the intrview and usually these
    candidates join at least after a week after taking the interview (even
    if the candidate joins in 3 days, its hard to remember the voice as the
    interviewer usually interacts with many people (particularly they being
    in team lead or managerial positions)



    (4) I personally know people working in Microsoft, IBM, TEK systems,
    Cingular, Amazon, Accenture, Citigroup etc. This says such people are
    working in almost every technology company in USA
    So then, how is an American, like me, who spent tens of thousands of
    dollars to get thru 3 yrs. in a technical school that ended with a
    Bachelor degree in Science with Computer Information Systems, with
    honors, supposed to get a job in the IT community while these
    fraudulent (most likely illegal alien Indians) take the positions away
    from me? I worked my a$$ off studying hard, working hard, worked at
    the school, even took an extra course study in computer hardware
    configurations, and STILL, these IT companies DON'T want to even speak
    to me because they OUTSOURCE from these FRAUDS! How FAIR is
    that???!!!





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  • gaz
    10-16 10:44 AM
    how about a flower campaign (or any other attention seeking campaign like calculators/ timers etc) for the media to highlight our issues and make the general public aware of this inhuman treatment meted out by USCIS/ DOS?

    in this election year, there is little chance of any campaign targeted at a government agency working... the political will/ need does not exist. so how about at least generating a little more awareness of the cause?





    Refugee_New
    12-20 05:23 PM
    Folks, I didn't worked for an year(2001) due to, you know what I am saying....

    Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(

    Hey, are you from Andhra pradesh?





    softcrowd
    03-18 09:37 AM
    I am 04/2004 EB2 and I just hope that Ron's prediction comes true.

    One thing about his April PD movement "prediction" - Ron Gotcher never predicted that..He just said he passed on what he heard from an official.

    But in this case (July one), it looks like his prediction!! So lets see!



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