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  • trueguy
    08-21 03:06 PM
    Here is the link I was referring to in my earlier post: http://immigration-information.com/forums/blog.php?b=13

    I'm not sure whether USCIS ever *appologized* per say but the second paragraph from the link above supports my earlier argument that the new spill-over policy (which in my personal opinion is more rational) is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.

    This is not a proof that DOS apologized. Ron Gotcher is a good lawyer but what he mentioned on his blog cann't be used in court. Anyways, thanks.





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  • bajrangbali
    06-10 10:23 PM
    You are doing the right thing. Fraud should be stopped. On top of that, it is directly affecting you and you have even more compelling reasons to take action against it. Good luck and keep us posted.
    Posting the follow-up process you went through would help most other members who have been giving you overwhelming greens :rolleyes: take some action as well...





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  • coopheal
    08-07 10:55 AM
    Many of us are prone to extreme selfishness. You could be a numberusa guy or really frustrated EB applicant.
    Do some meditation for � hour of so. May be sanity will return to you.

    Here are the list of divisions we have
    Row vs Non Row
    Eb2 Vs Eb3
    EB2NIW Vs Eb2
    US Master vs Non US Masters
    RIR vs Non RIR
    Nurse vs others
    etc etce...





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  • BharatPremi
    09-24 01:47 PM
    Bharatpremi,

    Thanks for the excellent analysis. One question, your analysis assumes category excess visas goto next category on a per country basis, is this correct ?

    Ans: Yes. In reality nobody is sure how USCIS is spilling over, vertical way, the way which I have assumed here OR horizontal way as per your belief OR combination of both.
    Example, EB-1 china number goto EB-2 China ? I thought all EB-1 China numbers are added to the excess pool and then given to most retrogressed EB2 category ?

    Thanks for anyone who clarifies this.

    No matter how the data is sliced and diced, being EB3-I certainly means a loo...ong wait time ... :) yes , agreed. No matter how you slice or dice, EB3-I is and will always be "Sautan Ke Chhore" (Step Sons/daughters):)



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  • summitpointe
    01-24 12:45 PM
    I was told if you are going back to your home country, even if you don't have valid US Visa stamped, you don't need a transit visa. When you come back ofcourse you will have a vaild US visa





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  • gc_on_demand
    08-21 10:54 AM
    I tend to agree with both.

    You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.

    If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
    Visa recapture is the best option.

    Any big action iteam coming for VISA RECAPTURE FROM IV CORE ?

    should't we start aggressive calling campaign for HR 5882 ? like one we did for sub committe hearing.. or may be big event like rally in DC ..



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  • 485Mbe4001
    08-25 12:43 PM
    I agree nobody cares...for now, from experience i can tell you that i have advised most of my juniors to try MS in Australia, they can get an Aussi citizenship faster and most have listened. I am sure i am not the only one saying so, this could and will eventually affect the number of students(and the quality) coming here for MS/Phd etc, agreed that US is still the best place for a post graduation but the visa hassles of getting an EAD/H1/GC is not worth the effort, most of the students coming in will be over the hill in terms of their growth by the time they get the GC, if they get it in the first place...imho. I have had friends in EB1 NIW stuck in a mess for years.
    IF you talk to the kids working in indian companies, most will tell you that they want to come to US for short term projects. Most know the mess that we are in. Sometimes we are so preoccupied with our issues that we are not aware that the world is watching us and learning from our mistakes


    btw:- i did not give you the red dot, if you are offended by it you can email IV about it, they can easily query and find out who gave you the dot. (to the guys who post "anonymous"...it is not as "anonymous" as you think)
    Try that and see what happens. :D :D

    Nobody cares if you stay here or go back.





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  • baburob2
    01-17 07:59 AM
    An article in news talking about immigrtion reform bill:
    http://www.bizjournals.com/houston/stories/2006/01/16/focus5.html?from_rss=1

    The gist of it below:
    Employers concerned about access to foreign-born talent at the higher-skill end of the scale may also find that the New Year brings good news, of a sort. If the border security and guest worker issues are dealt with early in the year, some in Congress are evidently preparing to try and "fix" the employment-based immigration system, originally designed in 1952, which has become close to unworkable.

    However, a Congress fractured on immigration policy most likely lacks the political will to fully reengineer the system. Instead of a major renovation to make the U.S. competitive in the global market for highly skilled talent, there probably will be only the usual technical fixes around the edges.



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  • puddonhead
    08-28 03:49 PM
    Guys - please use referrals - it gives 2 months free to both the referrer and the referred customer. So find your favourite "already Vonage customer" - and have him refer you. The referral takes about a day to actually arive.

    <Selfish advertisement on>
    Now that I informed you about this - may I get to become your favourite "already vonage customer"? Please PM me your email address if yes - and enjoy 2 free months.
    </Selfish advertisement on>





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  • smisachu
    01-29 09:17 AM
    AP can be used to re-enter and you can continue on your H1 if it is valid. Your H1 is invalidated only if you use EAD.
    I just came back to US using AP, I had booked an appointment for Visa interview. But after seeing the PIMS mess I decided to use AP. It was very smooth and easy.


    A question though: is'nt it abandoning your H1B1 visa tenure if you enter on AP even with a valid H1B remaining?[/QUOTE]



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  • mallu
    09-28 06:44 PM
    thank you for your info on calling uscis and requesting namecheck info.... i called them today, asked about FP 1 and if it had been sent out... they told me to wait for FP notice but they were able to check for name check info..... name check has passed..... 485 RD July 16 2007... thanks again for uscis contact info

    Are you from India/China ? I will be surprised if you are from one of those and name check cleared this fast.





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  • desi3933
    06-16 03:31 PM
    FYI, there will be a manager from TCS/WIPRO/IBM side to whom all these L1s will be reporting... They will "work" with client MGRs but report to employer MGR....

    legal shortcut.

    >> This shows your poor understanding of how an Indian company is being operated
    :D



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  • Canadian_Dream
    10-02 03:41 PM
    Nope, I got only one set. A friend of mine got two set he and his spouse filed each other as dependent.
    Here is a question for multiple I485 Filers:
    Did you get multiple fingerprinting notices for each applicant too?





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  • acecupid
    06-12 05:51 PM
    Hi,

    I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.

    Is there any way that i can take legal action against this company in US because from last one week
    they are harrassing my like anything.

    Please let me know if anyone come across in this situation.

    They are just giving you BS. They are trying to use a fake reason to send you back to India. They might be using this fake reason (BG check) to avoid any legal hassles. Keep track of how they are harassing you, keep a copy of all emails and documents used in correspondence in this matter and complain to DOL.



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  • pappu
    01-07 07:09 PM
    Massive IV campaign for Administrative fixes


    Dear Members,

    Immigration Voice is starting a massive campaign to get administrative relief for our community. We have had several fruitful meeting with the administration in 2007, some of these meetings were scheduled in September, November and then in December. In these meetings, we were able to convince the administration about the implication and hardship due to current broken system. Since Congress has not been able to address our issues in 2006-07, we were successful in creating a case for administrative fixes that would give much needed interim relief to EB community. These meetings helped us start a conversation on possible administrative fixes like 3 year EAD-AP, clearly defining “same or similar” if AC-21 is invoked, and we are hearing favorable feedback.

    Due to lack of action on legislative front our community’s patience is running out and we want some relief urgently to get out of probationary status. We are thus starting this nationwide campaign that will help our advocacy efforts and get administration to act quickly. There are several components to this campaign.

    1) Support from lawmaker offices: We urge all our members to meet their lawmaker offices and get them to write to The President in support of administrative fixes and urging for an immediate administrative relief. The template of the letter is attached. Letters from lawmaker offices to administration get far more attention as compared to anybody else writing the same letter. The template of the letter is posted below. Please request lawmakers to give you a copy of the letter or lawmakers could copy IV on their letter to The President. Here is a template to write to your local congressman and senator: http://immigrationvoice.org/forum/showpost.php?p=212511&postcount=6 (http://immigrationvoice.org/forum/showpost.php?p=212511&postcount=6)

    2) Support from employers: We urge all members to approach their employer and have them send a letter to The President expressing support for our administrative fixes and appealing for an immediate relief. The template of the letter is attached below. Please request your employer to give you copy of the letter so that you could provide IV with the copy of the letter.

    3) Plea from our community: We urge all our members to write personalized letters to The President directly and convey their plight. If you would like to write your own personalized letter, please do so with your own story. Make sure to stick to the administrative fixes we have listed in the letter template and how these fixes could help you and your family. Please put your name and address in your letter. Anonymous letters will not be delivered and will be discarded. We request that you create 2 copies of your letter. One copy should be posted to The President and the second copy should be sent to Immigration Voice mailbox address at –

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    You can write your own letter or use one of the LETTER TEMPLATES below. Be sure it includes the key points.
    http://immigrationvoice.org/forum/showpost.php?p=212486&postcount=5
    http://immigrationvoice.org/forum/showpost.php?p=212483&postcount=2
    http://immigrationvoice.org/forum/showpost.php?p=212484&postcount=3
    http://immigrationvoice.org/forum/showpost.php?p=212485&postcount=4
    http://immigrationvoice.org/forum/showpost.php?p=212512&postcount=7


    The deadline for receiving all the letters is 1st March 2008. Our plan is to collect thousands of letters that we will also receive in IV mailbox and deliver them, along with the letters from employers and lawmakers across the country, during our meeting with the administration. We believe that this will make a necessary impact to strengthen our case and gather the necessary political will required for administrative fixes. We will also try to get media coverage for this campaign and draw national attention.

    Please inform all your friends stuck in greencard retrogression and have them participate in this effort. Please post information about this campaign and link to this thread to as many sites, blogs you can so that we can get extraordinary scale of participation. The success of this effort will depend on the collective sincerity of the entire EB community to get letters from lawmakers, employers and members of the community. Immigration voice is counting on each and every member and it is in up to each member to make this campaign a success and help us to improve our and our families’ lives.
    Reminder: Pls mail 2 letters

    1) (copy 1)please send a separate letter to the President.
    2) (copy 2)Send a copy of that letter to IV. After the letters are sent to the President, IV will have a meeting with senior administration officials. In that meeting we will carry the copies of the letters and deliver to them.

    ============================================

    Pls feel free to change the text of the letter and personalize it if you wish. If you wish to include your story and attach a photo copy of your degrees, patents, awards, please do so. Just make sure to include the information on provisions we are trying to push.

    If you are handwriting the letter, your writing should be legible. If nobody can read your writing, then it will defeat the purpose. Write the letter in such a way that the key points are easy to read. If you would like to use rules, bold text, highlighters etc... go ahead and do it.

    We all need to be as creative as possible to make this campaign a success.

    ============================================

    Everyone that took part in the IV lobby day in September 2007 should get in touch with the lawmaker offices now and request them for letters. If you have met your local lawmaker offices through state chapters or on your own, it is time to visit them again for this request.





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  • BharatPremi
    09-24 12:53 PM
    How did you come up with dividing by 5 that is like 20% per country. isn't the cap 7% per country?

    You are not reading it correctly. Pleasse read it again.



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  • whitecollarslave
    03-27 04:23 PM
    IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.

    Thanks for pointing this out. But you are confusing EAD with H-1B. You are right to quote that its legal to refuse employment to somebody who requires sponsorship (H-1B). That does not mean that refusing somebody with EAD is also legal. Your assumption or conclusion about that is not true. As soon as you use EAD you lose your H-1 status. EAD is not tied to H-1Bs or EB immigrants. EAD is issued to a whole bunch of immigrant types including refugees, FB, etc. There is no sponsorship required to hire somebody on EAD. A letter of job duties is a whole different story and nothing to do with hiring practice.

    There is nothing obscure about EAD. Employment Authorization Document - if you have it, its valid for work anywhere in the US. Whats the use of EAD if employers won't accept it? What you say about EAD's usage becoming main stream only recently is not true. We need to start thinking outside the box of EB/H-1B, and so should the recruiters. It maybe true that the IT recruiters who normally hire people on either H-1B or green cards are now having people with EADs. But they are ignorant and they are breaking the law by having a policy to not hire somebody on EAD.

    You are right, employers do have a lot of control in who they can hire. But they CANNOT pick and choose based on nationality, race, etc. Same way, as per Federal law, they CANNOT choose people who have only green card and reject somebody who has an EAD. (See the question from FAQ I posted earlier). If an employer says that they will not hire somebody on EAD, they are refusing to hire not just EB immigrants but also refugees, agricultural workers, FB immigrants. That is crystal clear discrimination as per Federal law.

    The only thing that may create a problem is if the DHS and the Federal law treats a EB immigrant with an EAD differently than a FB, refugee or other immigrant with an EAD. (I had asked about this earlier)

    I appreciate that you guys bring out opposing views but I am saddened by the attitude of our community of being helpless and not believing in our rights. It bothers me to know that the highly educated members of such an affluent community will surrender without even trying. This has nothing to do with the state of labor market. Wake up folks! The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.

    What would you do if the same employers told you that they will not hire you simply because you wear a turban or you are from China (or Bulgaria or Pakistan)?





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  • seekerofpeace
    10-01 10:41 PM
    Don't know what more drama has USCIS has up its sleeves.

    You better contact your congressman and senator and get it sorted out....

    It is absolutely nonsense that you are approved and then not...same can be true for many of us.....attach a copy of the visa bulletin in your mail....IO can;t just say visas retrogressed they need to show the proper paperwork ...

    SoP





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  • GCneeded
    01-14 02:49 PM
    Sent letters to WH and IV. Thx





    brshankar
    08-07 11:56 AM
    Yes, my GC is in Peril and thats exactly what I am trying to do...

    Dude,

    Looks like Rolling_Flood has not yet voted on this poll. I thought he will be the first Yes for this poll.

    Are you guys planning to file separate lawsuits?





    venky08
    06-21 12:29 PM
    some tips from Susan Henner:
    Although the principal employment-based categories are current for
    July,future retrogression is indeed possible later this fiscal year,
    particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without any prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses.


    dude this is serious...that means can they stop taking application in mid month august or sept??:eek:



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