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  • laborpains
    08-05 10:04 AM
    http://www.uscis.gov/files/article/Immigrant_Visas_30Apr08.pdf

    See for your self what Pre-Adjudication means. Its literally conditional approval......

    Hi,
    Is it possible to equire USCIS if one's application is Pre-Adjudicated? Is there a number we could call for the status ?
    Thank You!





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  • mpadapa
    10-07 02:54 PM
    bump





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  • sagar_nyc
    06-29 05:10 PM
    Only portion which makes sense in your post is your user name "Freedom_fighter" :D


    I think IV should work on filing a CLASS ACTION LAWSUIT for several reasons. Are we going to be coward legals waiting, for lazy folks at USCIS to undo the wrong they've done for so many years.

    1. Blatant errors in the processing which has, destroyed , causing huge stress, trauma and what not to ppl waiting in limbo.

    2. Inability to provide any insight on the basic timeline for any application. Look at the EB backlogs, they change there bulletin as if its a stock market, it can go forward or backward depending on the mood of the ppl working on any day.

    3. Immigration is a burden on the legal immigrants, we pay for those ppl jobs. How can they offer such a sub-standard service, considering the hefty fees they charge from us.

    4. The US constitution says " We the people", does not say "Legal Aliens" don't have any say or can't ask for justice.

    5. We are legals, did not cross any border like those illegals, which this administration is so concerned about. We pay for services, not screw ups!

    6. Lost EB visas for USCIS / DOS mis-handling.

    7. Even if we loose the lawsuit, still we made our point. USCIS sucks! period

    Ok now, i'm ready for all the red dots, who think that keeping quite will some how magically solve these problems. They need to be held accountable for what they've done.

    Btw. I found this : ILW.COM - immigration news: Class Action Update Against USCIS Challenging Delays Contrary To Congressional Mandate (http://www.ilw.com/articles/2004,1116-khanna.shtm)
    This was class-action lawsuit by Rajeev Khanna. Anybody know what happened with it?





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  • belmontboy
    02-15 12:09 PM
    FYI majority of Desi companies follow the rules as stipulated by US laws. There definitely are abuses in any law. Do you think all wallstreet firms played by rules in this financial mess.

    If there are abuses that should be enforced. No doubt about it.
    Please stop generalizing from these incidents. There are good majority of IV folks who work for good consulting companies.

    If you don't want IV to be reduced to an organization of couple of hundred members, please stop generalizing. After all that is what anti-immigrants are doing.

    Don't kill IV with your immature perspective.

    Dude, just because you don't see the word "some" in my post, don't tell me that i am generalizing.

    I do make a clear distinction between good players and bad apples. If you cannot understand, let me know I will put it in simple words!!! Doh!!!



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  • maverick_s39
    01-26 04:36 PM
    I was not optimistic about EB3 situation a while ago but the situation has changed, i think we are fast approaching the end of this dark tunnel and we will soon see light :)





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  • sbabunle
    04-09 05:58 PM
    Alisa
    Best post so far on this thread :D
    I will never go back. I'll stay legal as long as I could.
    And then I'll stay illegal and make mone :D :D :D

    babu

    You can't get more than 10K people to sign up to IV.
    And you can't get more than 300 people to sign up for $20 per month.

    What makes you think you can convince 20-30K people to move with you?

    :)



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  • pankaj_n
    04-20 12:09 PM
    Not appeal but rather re-filing as a fresh 140. The labor doesn't expire as long as you had filed an i-140 in the past when the labor was valid.

    So i am going to talk my lawyer about it . we might have to change our approach this time.
    Just want to clear about path. We will file again and they will denied again due to 3 year Bachelor then we will appeal and show the case reference

    "Admininstrative appeals office decision approved it saying that it didn't matter how long
    the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven."





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  • adhantari
    07-30 04:49 PM
    Let the BS(brain storming) begin......................:D



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  • aadimanav
    07-14 04:39 PM
    In addition to email, send regular mail, and fax too.





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  • shimul99
    10-23 09:16 PM
    What is ur PD ? and ur 140 dates ?

    PD - EB3 from Bangladesh
    i140 got approved on Sep 2007
    Fingerprint Sep 2007



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  • senthil1
    05-28 06:39 PM
    They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first.

    I had similar experience in one of my previous consulting companies when I was in bench. Also I was asked to conduct this kind of interview in Week ends. I did reluctantly and I knew the feelings of those persons who were interviewed. I think many Indian companies are doing those mainly for green card processing.

    H1b is not needed for certain kind of jobs like QA, repeated works and minor programming works(Many jobs are like that). I can very well say that atleast 50% of high tech jobs can be very well done by American citizens. This fact is known by Indian companies also. In my project most of them are American citizens and their skills for far better than many H1b persons.

    In one financial company in Bay Area CA they laid of 200 persons and they gave the project to Indian Company in 2006 in which 30% are here(h1b and L1) and remaining in India(offshore). They could have kept 30% of their employees and remaining they could have outsourced. But Company wanted cost savings also. These kind of incidents will increase hate for H1b program



    Hi,
    I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.

    The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.

    I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.

    The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.

    Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.

    Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.

    My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.





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  • indianabacklog
    06-18 02:00 PM
    USCIS issues Employment Authorization Documents (EAD) in the following categories:



    EAD: This document proves you are allowed to work in the United States.
    Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
    Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
    Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.

    If the EAD app is not approved in 90 days, we can request an interim.Doesn't sound like a big problem then.......Am i missing something? Some folks said Interim EAD have been discontinued....but this on their official website???

    I actually asked about the interim EAD thing while I was at my fingerprinting appointment at the local office. They do not have the equipment any more for producing these cards. However, if your application takes more than 90 days you can go to them and they will send an email to USCIS and you should then receive one within two to three weeks. I was told that calling the 1 800 uscis number and following up when things have gone beyond 90 days should have the same effect.

    I am more than a little skeptical that this would work out. Have yet to find out since my spouse's EAD has only been pending for five weeks at this point.



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  • kopra
    09-08 07:08 PM
    Dear valuablehurdle,
    You need to understand why your company is paying only 85K. Your base compensation is 85K, then you have another 10% on top of that as bonus. Also your Health/Dental/vision Insurance will be close to 15K payed by the employer. Also they pay Social Security at 8% base pay + Your H1B and other legal Expense for you and family. This will put your total rewards/compensation well above 100K.
    I am not trying to say that your present company is perfect, but these are the common expenses for a company , Thats the reason even if you get hired by the direct client your salary will not increase very much. Companies pay 180$ to the consulting companies for the following reason
    1) You are not their employee, so $180 per hour is all they pay ( No benefits, No H1b Legal hassles etc)
    2) They Hire consultants for a particular project for a set period of time. After the project is over, they can have the consultant "released" from the project.
    3) They dont want to hire independent contractors, cos, if the guy leaves in between the project, its the responsibility of the consulting company to replace your position with another qualified person.In your case, they need to find another candidate with your technical expertise, which is not very easy.Very few Companies wants to take that risk.

    You need to look at the total compensation rather than your base pay


    It was Hard-Hitting, Sanju !!!
    Anyway, I feel there are bad apples......but not all take commissions.

    Still, I am at a loss to understand the same company that pays $180 per hour to the American Consulting company will pay me only as much as $50/hr.

    What would be their logic?

    I would appreciate your replies...





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  • badluck
    05-29 07:46 AM
    Each application could generate fines and fees of $1,000 to $5,000, a windfall of $10 billion to $15 billion over eight years, Homeland Security officials said. The money would dwarf revenue from a previously announced agency plan to increase fees on immigration and employment applications by 50 percent as early as next week, to raise $1 billion a year.
    What are you saying it is a SCAM.....



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  • chinna2003
    06-03 12:16 PM
    From reading all the testimonies , I didnot see any argument of unfairness to employment based immigrants.
    Senate was interested in hearing the plight of a gay american citizen who could not live with his gay partner because his student visa was refused on reentry from Brazil and this gentleman couldnot sponsor him as a family member because the immigration act doesnt recognize gay partners as family members.
    I suppose being a gay is going to be a much faster way to becoming a legal permanet resident rather than being a highly skilled indian immigrant.





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  • vparam
    09-20 06:11 PM
    Not able to find how to start a new thread... so I start my prediction here :-)

    Category ROW China India Mexico Philipines
    EB2 C 01MAR06 01June04 C C
    3rd 01AUG03 01SEP01 22APR02 22APR02 01AUG03



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  • logiclife
    01-31 10:58 AM
    If you could send checks instead of paypal, it would help us save transaction fees. Every penny counts. We are getting about $1000 a day on weekdays and as high as it may sound, its not the best we would wish as Sam Alito's confirmation gets the senate closer to other items on agenda one of which is Comp Immigration bill.

    Call you other H1b friends waiting in line for GC and ask them to contribute after you are done contributing.

    --logiclife.





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  • imneedy
    06-25 10:30 AM
    Guys, I eFiled for EAD and AP renewal yesterday. I am not clear about documents to be sent for AP. Also do I need to send pictures?

    Appreciate your response.





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  • krishmunn
    05-10 09:25 AM
    USCIS has a list of colleges in their database.

    So before paying money, make sure that it is worth. USCIS web site has the list, you can search and find.

    If you mean the SEVIS list, that is worthless. Even TVU was listed their. Check for accreditation in U.S. Department of Education Database of Accredited Postsecondary Institutions and Programs (http://ope.ed.gov/accreditation/) . Any accredited degree (not the fake accredited ones) is good





    senthil1
    05-28 06:39 PM
    They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first.

    I had similar experience in one of my previous consulting companies when I was in bench. Also I was asked to conduct this kind of interview in Week ends. I did reluctantly and I knew the feelings of those persons who were interviewed. I think many Indian companies are doing those mainly for green card processing.

    H1b is not needed for certain kind of jobs like QA, repeated works and minor programming works(Many jobs are like that). I can very well say that atleast 50% of high tech jobs can be very well done by American citizens. This fact is known by Indian companies also. In my project most of them are American citizens and their skills for far better than many H1b persons.

    In one financial company in Bay Area CA they laid of 200 persons and they gave the project to Indian Company in 2006 in which 30% are here(h1b and L1) and remaining in India(offshore). They could have kept 30% of their employees and remaining they could have outsourced. But Company wanted cost savings also. These kind of incidents will increase hate for H1b program



    Hi,
    I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.

    The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.

    I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.

    The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.

    Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.

    Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.

    My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.





    shimul99
    10-23 09:11 PM
    I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.

    I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.



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