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  • for_gc
    04-02 11:31 AM
    Anybody from Memphis, Tennessee wants to join hands in this good fight ?





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  • Sheila Danzig
    04-19 12:48 PM
    It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.

    Hello All,

    Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.

    She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.

    Can members with knowledge of these kind of scenarios shed some of their thoughts?

    Thanks.





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  • Brightsider
    11-25 04:55 PM
    Commendable Job!!!
    Please accept my compliments, Pappu and the team.

    My suggestions for your meeting with USCIS:-
    1. In the interest of transparency, let them also publish data about monthly filings in each of the EB categories. It will reduce uncertainty further.
    2. Provide separate numbers for family-based and employment-based cases in their monthly progress reports. To a large extent, this can be obviated by regularly updating the pendency figures published in Sept 09.
    3. Include the CP data in the same report along with I-485 data. Becomes easier to compile the big picture and analyze it.

    Now, since we dont have any academic interest in the subject,
    4. Press the case for recapture of lost visas
    5. Have quarterly spillover. Implementation of suggestion (1) will be an enabling factor.
    :):):)





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  • gc_check
    04-29 02:47 PM
    Quick Chain of events .

    India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .

    'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)

    1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.

    2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .

    4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.

    5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.

    Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.

    Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.

    All it suggests is - "Well, There are many other players too in every other area - Defense, Science, Space, Medicine, etc... and may be US 'is and in some cases was' the leader, but definitely the Influence, Power, Respect, Trust etc...US used to have in the past is for sure diminished now and it isn't going to turn for good unless this country change for better !!!" Definitely at least I think not the change Obama envisioned !!! US is not the nation of immigrant's it used to be any more at the World's eyes. Well, the hard working people are are good, but The leaders in the center work for and lobbyist and the corporate greed was the basis for recent policies and now it is paying its price. In past it was like for the people, now it by for the lobbyist who can influence the 60 people in Senate and few hundred people in the house and for the companies who can hire these lobbyist decide the policy :o .
    Bad policy that is not well made for the changing globalization is hurting here, while it is helping the people in other geography.

    Having said that, I do not see any connection with immigration reform or what so ever...



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  • helloh1
    01-26 06:17 PM
    hello friends...please be noted that the duration of employment with the company is not mentioned in the clause. Please read it carefully... its says that WHENEVER you leave the company, you will have to pay any training costs that you have availed in previous 12 months.

    So tis means that if I decide to leave the company after 3 yrs of employment with them then also this clause is applicable to me.

    Please advise me....should I sign this contract or not?





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  • indianindian2006
    08-22 09:31 PM
    Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...

    Looks like this needs correction.Labors expire after 180 days from approval date after July 16th.

    http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
    Read on page 4



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  • Carlau
    01-10 10:05 PM
    I wish some group were working on getting attached in some bill a provision that lets the H-4s work. I thought we had a good chance because it is under discussion a bill similar to Bill S.2611 that would let the spouses of the Illegal workers regularized under Blue card status to also work so I assumed that a some point they were going to have a provision for the spouses of H-1Bs. I hope IV and QGA are doing something about this. If no group brings to the senators etc.'s attention that there is a part unattended regading the H-1B spouses right to work, nothing would happen. Here is what I am trying to say:

    If S.2611 is going to be discussed in the senate/house, this will allow the spouse of the Blue card status worker (previously illegal worker and now regularized) to work for any employer -while the spouse is in blue card status-, shouldn't it be mentioned in the same law in the parragraph with the H-1B and dependandts provision that that the same applies for the H-1B spouses -that they could work for any employer while the H-1B status of the spouse is valid-? The L-1 spouses can work too so why do we H-4s have to suffer? Why nobody is advocating this?

    This is the parragraph:



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.





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  • eb3retro
    07-08 06:16 PM
    good one Ron Hira..this guy for sure is an odd ball leaching around here trying to create a controversy...


    i figured u won't have a clue that this is a quote form the founding father of The United States of America - Ben Franklin.

    hey.... how would you know?



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  • saileshdude
    10-27 11:10 AM
    nrk,

    I see various possibilities. Best bet would be to take Infopass soon and find out.

    1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.

    2) Do you have any case against you (ciminal or civil) in your home country?

    3) Did you have any unlawful status of more than 6 months during your presence in US.

    4) Do you have any case pending here?

    5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?

    These are just few things that may cause this.

    Do update us what you find out after Infopass.





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  • ksircar
    03-23 02:28 PM
    I have set up a meeting with the staff at Congresswoman Kathy Castor's office in Tampa on March 27th at 2.00 PM.

    Anybody interested in joining please PM me.



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  • gmatch
    12-13 03:45 PM
    Guys,

    Don't take it otherwise... I will NOT do anything against anybody.

    That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.

    - My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?

    Hope you now understand my points & will give me sincere advises.

    waiting for your help....





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  • ramus
    06-20 07:44 AM
    Great.... Thanks.



    Today is the next day of my GC freedom, and I am still on this forum, I didnot mean to leave the Forum, I still support IV with all my heart.......:D



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  • rajs
    12-27 12:31 AM
    my PD is april 2001
    and still waiting , & when we call ins we get a letter
    still in processing time :(
    what can we do?





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  • Suva
    11-04 10:02 AM
    You are absolutely right. Dems are only worried about illegals. Its good that they are no longer a majority in the House. I think we have better option for any kind of piecemeal bills with republicans only.



    Thank God Dems are out otherwise Legals will never get anything till every illegal crossing the border is ahead of them. Democrats are only good for three kind of people:

    Illegals
    Illegals
    Illegals

    I hope Obama looses soon and we have some sanity of law



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  • bidhanc
    12-22 03:29 PM
    Sorry partner, I was just sharing info.
    Did not mean to imply you were wrong in any way. :-)

    I merely posted what was on their website. Don't shoot the messenger....





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  • Libra
    07-06 05:15 PM
    All -ve thinking and -ve posts guys one more victim is waiting for your stinking comments go ahead and enjoy by discouraging others

    http://immigrationvoice.org/forum/showthread.php?t=6156



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  • India_USA
    04-22 12:09 PM
    Check this out: Brian Bilbray, GOP Rep., Claims Clothes Identify Illegal Immigrants (http://www.huffingtonpost.com/2010/04/22/brian-bilbray-gop-rep-cla_n_547710.html)

    We have been living in a county which has implemented 287g for some time. And I believe all legal residents in my county feel safer because of its implementation. Sure, there is a chance that 287g can be misused by the police. But tell me one law which can not be misused by police.

    The thing is that more counties are signing on to 287g. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml).

    I went thru the proposal in Arizona and could not find even one point which might be bad for us. Did any of you find something? Format Document (http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/summary/h.sb1070_04-13-10_houseengrossed.doc.htm). I feel, IV should support such laws. We want the citizens and law abiding people in this country to support us; not the illegals.

    "trained professionals" can identify undocumented workers just by looking at their clothes......"They will look at the kind of dress you wear, there is different type of attire, there is different type of -- right down to the shoes, right down to the clothes," Bilbray replied.

    How long before we are targeted based on this rationale (our traditional dresses are easily recognizable!!) ....... These policies will only spiral in the wrong direction, making every immigrant's life miserable - be it legal or illegal!!!





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  • milind70
    06-19 02:38 PM
    Were u in EB2 or EB3 catergory???





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  • immigrant-in-law
    01-25 09:55 AM
    All shops that hire OPTs and market them at ridiculously low rates with faked resumes must also be brought to justice.





    perm2gc
    05-15 01:44 PM
    The Bill has gone too far from what it means.Why didn't the congressman ask the American employers the same questions they asked other big companies.The H1 and L1 classifications allows them for gouging but the bill is not the answer for it.They are trying to show the stats that supports their insane bill.





    apb
    09-01 05:06 AM
    Is it possible to have a door to door campaign in apartment complexes and educating Indian/Chinese/Philippine population around DC area. Or maybe a group of 2-3 volunteers standing in ethinic groceries/eateries and educating our community of what we are trying to do and why we need their support and how it will benefit all of us. I know it is easy to say this but if we need people to be motivated we need along with this HIGH TECH... we need some personal touch. People will come if people see people going. I mean SEEING. Maybe these writings and commonsense things dicussed here inspires/motivates us but a majority need a push/nudge in person. Hope we could arrange for volunteers around DC area (driving distance to DC) and rally up more numbers.



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