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  • bigboy007
    05-28 03:09 PM
    Good point , Yes we need to give our response to it. but neither H1B says its only for INNOVATORS rather it says only SKILLED workers. Not even every PhD is innovator . May be in some circumstances the so said perspective is true but i dont agree with every point.

    I work in a comp where mostly they have GC or Citz and in some cases they waited even 2 months + and then decided to take H1b's.

    There are no enough Americans who can do the Job if these guys think its H1B and remove H1B every Job will land as an outsourcing . If not h1B many Outsourcing IT firms will find some way to temp bring IT pros and eventually outsource.

    The Key point that IV is making is how much taxes we are paying and how good we are making to American economy. If they remove H1B ,then they understand how and what they have lost.





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  • wellwisher02
    05-13 04:46 PM
    I would strongly suggest, people refrain from using words like injustice, etc., Injustice implies the US govt is doing something wrong, when they are not. Such accusations do not reflect well on us and are unlikely to benefit in any meaningful way.

    Desis are impacted because we are just so many of us. No other reason. Keep in mind that we are still walking away with the bulk of green cards each year, far above the stipulated Quota.

    The Green card system exists for the benefit of America. It will not be tailored to meet the individual needs of overpopulated countries. All we can do is request them to improve the system and make it easier for applicants. Taking the aggressive approach of accusations, demanding for change, asking for more, etc., will not work.
    ---
    Agree with you! I faintly remember a reputed attorney filing a suit against INS a couple of years back against protracted GC on behalf of the GC community. It was rejected outright.





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  • DareYouFireMe
    04-17 12:14 AM
    If USD falls further-then other alternatives like migrating to Canada and Australia are more attractive.
    Australia rewards you in terms of more points for having
    -Better English
    -Possessing high tech skills in demand
    -Being less than 35 years old.
    Australia has business ties to both Europe and far east Asia.
    Compare this to US high skilled immigration system!. Ah!.

    Canada is already worse than India (atleast for IT sector). Hard to find jobs. Salaries are 75-80% of corresponding US jobs. And Candian $ is also cheaper (though catching up with USD).





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  • H1b Guy
    11-15 03:26 PM
    The Pain you are taking in defending our fellow desi blood sucker companies.....it seems that you are yourself a Big "Dalla" sitting somewhere in new jersey.
    I have some Requests to people like you (All "Dalles")
    Please Stop living on Employees 'Hard Earned Money' .
    Treat Employees nicely and stop your Arrogance
    Tell your employees the actuall billing rate
    Stop Harassing them and Torturing them
    company Guest Houses are look like a Shit....they are not livable...
    Stop putting 10 people in one Guest House...
    start giving them standard Benefits( Health, Vision,Dental)

    I dont think so there is gonna be much impact of my Requests to these comapnies becaue all they care is how much maximum money then can make on employee in short time.......



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  • desi3933
    06-24 10:29 PM
    desi3933,

    May be you're right. for the benefit of the others, can you provide more info, and any basis for your statements. This would be useful information to have for a lot of affected individuals. Is there any reference to INA or CFR that one could look up?

    the following are desi3933's comments:
    - sertasheep:Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
    - sertasheep: Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
    - desi3933: 3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.

    Yes, there is a distinction between if the I-94 date has expired, or if it is valid

    Sertasheep -

    Here is a link that has details about both both Out of Status and Unlawful Presence. Please note that 3/10 year ban applies only for Unlawful Presence case only.

    http://www.immigrationlinks.com/news/news729.htm

    As per memo -
    Aliens Admitted Until a Date Certain: In general, an alien admitted until a specified date will begin to accrue unlawful presence either:
    * when the date on the I-94 (or any extension) has passed, or
    * if INS or an IJ makes a finding of a status violation, whichever comes first.



    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com





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  • sparuthi
    10-08 04:16 PM
    When i checked my status online, i saw that there was a LUD on my pending case on 10/7 and 10/8. Wondering there is a LUD, I called the NSC and the person on the phone told me that the case is being reviewed by an officer.

    My question is that if there are no numbers available, then why would there be a LUD on the case status. So has anyone else seen a LUD on their cases as recently as after Oct 1, 2008????

    MY PD is March 2006
    Filed 485 in July 2007.
    RD is Aug 2007.
    Category - EB2

    cheers



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  • jsb
    01-15 03:37 PM
    I don't think this is true. As a CSR, case is assigned to you, not you choose the case. I think it's the same way to IOs. PD current cases will be assigned to IO, not IO looks into paper mountains to find case to adjust....

    Yes, you are right. Cases are assigned (not picked), which is done in order they were physically received at the center they are being assigned at. If PD is not current, case is put aside and next file is considered. Due to huge filings in July'07, resultant chaos, and shuffling cases around between centers before entering them in the system, if your file is way below in line (eventhough you deligently made sure to have it with USCIS on July 2, AND your PD is current), no one is going to look at your file, until your turn (in order of final data entry) reaches.





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  • Tito_ortiz
    01-15 12:09 AM
    Yoda says:

    Bill hard to be approved that it is.

    Unemployment rising for Americans rapidly it is. Tough to let more immigrants like us get jobs from Americans. Obama try he will.

    Be the Force be with you. IV contribute more should you.





    Done !



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  • SGP
    02-16 06:20 PM
    Thanks Bhasky25.:)
    _____________
    If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved

    Labor is done via perm process and they are now centrally processed (only prevailing wage is state dependent). Your company can apply for it online and you should get a result in 3-4 wks if the case is not audited. Good Luck to you.





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  • apnair2002
    04-11 06:04 PM
    >>>>>>>



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  • Hassan11
    02-08 03:44 PM
    I am in a similar situation. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bechelor degree even though I have a masters degree then I filed for the I-140 (priority date May 2005). then I got a promotion to a senior financial analyst which requires a masters degree. so I automatically could apply file a second LC to file under (category 2 which is current). however my cecond LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal in Sep 2006 and I ve been waiting since then. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you





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  • chanduv23
    11-02 11:48 AM
    Few months back, 2 DMV officers gave me a tough time in CT. I wrote strong complaint and got a reply that, it will be allright if I go again and I went for the 3rd time and got it without hasstles.

    Here is what happened

    Dear Mr. XXXXX,

    This reply is in response to your email of 5/20/06 in which you
    describe
    the difficult time you have had in obtaining a CT license. Please be
    advised that if the documents are not acceptable when you return you
    may
    ask the Sergeant or Supervisor to complete a form for 'Review of Non-US
    Citizen Documents'. In this process copies of your documents are
    forwarded to our Branch Operations Division for further review. You
    will
    be notified of the outcome by mail.

    Thank you for taking the time to write and bringing this matter to our
    attention.

    Sincerely,

    Elaine McDougal, Div. Chief
    CT Dept of Motor Vehicles
    Branch Operations Division

    Sent: Saturday, May 20, 2006 5:05 PM
    To: mail@dmvct.org
    Cc: chanduv23@yahoo.com
    Subject: Documentation for obtaining a CT drivers license


    Respected Commissioner,
    Ralph J. Carpenter
    DMV, Connecticut State

    Greetings,
    I hope this email finds you in good health and best of spirits.
    I am a new resident to the State of Connecticut. I am on a h1b visa
    (Skilled worker visa) and have been in the United States for 6 years.
    My
    employer is based out of Irving, Texas and I am employed fulltime with
    them. My company sends me on work assignments to various clients all
    over the United States. I recently started on a work assignment at
    Pitney Bowes located in Shelton, CT. All this while when I am in United
    States, I have worked in the states of Georgia, New York and Washington
    and have obtained drivers licenses from all these states. I have
    maintained legal status and always carry my documents whenever I
    interact with a govt agency like DMV.
    From the time I have started my work assignment in CT, I have
    approached the DMV twice. Both the times I was turned back saying that
    my documentation is not acceptable.
    First experience:
    DMV, Bridgeport, CT:
    Issuing officer wanted a document from my employer that says that I
    am still employed with them and have not switched employers. I asked
    the
    officer polietly if there is anything she is expecting to see in the
    document (in terms of information like kind of work, nature of work,
    place of work etc...) and she was very kind in explaining to me that
    all
    she wanted to know was if I actually work for the employer who holds my
    visa. I told her that I will come back again with the letter.
    DMV, Hamden, CT:
    After obtaining a employment letter from my employer I chose to go
    to DMV, Hamden, CT because it is close to my home. The issuing officer
    looked at all my documents and then told me the employer letter was
    unacceptable because it is generated by a computer. I asked him what
    document is he actually looking for. He said he cannot accept a
    computer
    generated document. I was confused. Then he showed me my employer
    letter
    and told me he cannot accept it because it is printed from a computer.
    I
    told him it is generated from the computer so whats wrong with
    employment letter generated from a printer connected to a computer. I
    understood what he was trying to say. He just had concerns with the
    validity of my employment letter.
    Nothing wrong in having concerns about validity of employment letters.
    He was just not able to express that to me. As I have the habit of
    carrying all my documents, I showed all my legal documents like LCA
    (that I am working in Shelton, CT) , my h1b documents etc... to make
    him
    comfortable of the fact that my employment letter is indeed valid. But
    at this point he just did not want to listen or see anything instead he
    kept arguing that this is CT and rules here are different and he would
    not see any documents or papers and he only wants an employer letter.
    And I told him that is right in front of his eyes. He says he cannot
    accept it because it is a computer generated document.
    Then I asked him what he really wants? He argued that he wants an
    employer letter that is not a computer generated document but a actual
    document. Then his collegue came to his resque and told me that he is
    actually looking for a document that explains clearly the reason I am
    in
    CT and details of my work location from my employer etc... I asked him
    to write it down in a piece of paper what he actually wants. His
    collegue wrote down in a piece of paper that an employment letter
    stating my work location as Shelton, CT is what they are looking for
    and
    I can get my out of state license transfer once I have that document. I
    wanted a official letter from the issuing officer stating what they
    really want and they were not willing to give me that. So I asked him
    again what he wants next time. He said he wants a letter from my
    employer that I am working in Shelton, CT and work details etc....

    Dear Sir,
    There is a lot of confusion over the issue with actual
    documentation required. The best thing to do to check validity of h1b
    visa holders is to actually ask for recent paystubs and w2 forms. These
    forms have employer names and if any H1b visa holder. If the issuing
    officer has concerns with documentation validity of a h1b visa holder,
    then the best thing would be to have a employment background check done
    or look at paystubs and w2 etc... Or specify what kind of letter they
    are looking from an employer so that they can be convinced that the
    candidate is a valid visa holder.

    Though I will be going back to the DMV sometime next week with letter
    they requested for, I felt it is my duty to suggest to DMV a good
    source
    of validity for h1b visa holders.

    Dear Sir, Connecticut is one of the most beautiful states I have ever
    lived and I am enjoying my stay in Connecticut. H1b visa holders are
    skilled workers and we assimilate into the society while we contribute
    what we can and work hard to maintain our status and are on a tough
    path
    to obtaining permanant residency.
    Please treat my suggestion as a welcome suggestion and make it fair to
    both the employees of DMV and non citizens as to what they or we can
    accept and what not.

    Best regards,



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  • kumar1
    01-14 12:32 PM
    I am EB-3 India and I am just 16 years away from my Green Card. My daughter would turn 21 in 2025 and then she would be able to file for our GC under family category. Also, I would celebrate my 25 years on "temporary visa" status in 2025.
    Sorry Sunnysurya, I won't be porting my PD from 2005 to 2025. So you do not have to worry about anything.





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  • andycool
    08-11 07:54 AM
    visa bulletin for september 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)


    the law firm is correct ...



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  • v2neha
    01-17 03:31 PM
    Hi,

    I've been reading about iv.org on Rajeev Khanna's immigrationportal.com since last few days. I just enrolled and contributed a little something thru Paypal. I am however curious about Rajeev Khanna and his office's role in this new org. Leaving aside costmetic details - the forum is more than similar to the forum on immigrationportal. Please excuse my ignorance here - both websites could be using something readily available, but I would like to know if both sites have common administrators.

    Thanks
    v2neha





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  • gc_on_demand
    06-12 12:12 PM
    This is my thought process (also referred by Ron G):


    July 2007 brought in approximately 500K 485 cases.

    We do not know how many cases were pending as of June 2007.

    Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
    Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers

    so, 500K - 300K = 200K.

    Assuming USICS approval rate is 85%; 75K of 500K are denied.

    200K - 75K = 125K EB cases pending from the July 2007 cases.

    Additions: from all current categories - may be 25 K in 2 years?

    So, 150 K plus whatever that was pending as of June 2007.

    So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.

    Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.

    I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.

    As per replies to senator from USCIS

    EB2 india has 50k and Eb3 india has 70k apps. See last 10 years with horizontal or vertical fall none get more than 15k in a given year.

    If they do get same spill over then Eb2 india needs 3 years and Eb3 india needs 4 years after Eb2 get clear. OR USCIS stop receiving app from any one for next 1 and half year and then start accepting agian. ( Which is not possible as per law ).

    So bottom line is

    Either Recapture or removing counrty cap will end current backlog , both will end current as well future backlog and none will make situation worse if more demand from ROW.



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  • smisachu
    10-05 04:22 PM
    They are also called, as we were informed in the DC rally as the "NNP"...
    No nothing party...lol



    Good Joke :)

    GOP = Grand Old Party (Republican party)

    Although historically Democratic party is much older to RP





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  • Legal
    06-12 02:00 PM
    This is my thought process (also referred by Ron G):


    July 2007 brought in approximately 500K 485 cases.

    We do not know how many cases were pending as of June 2007.

    Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
    Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers

    so, 500K - 300K = 200K.

    Assuming USICS approval rate is 85%; 75K of 500K are denied.

    200K - 75K = 125K EB cases pending from the July 2007 cases.

    Additions: from all current categories - may be 25 K in 2 years?

    So, 150 K plus whatever that was pending as of June 2007.

    So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.

    Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.

    I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.

    "Law is an ass".

    One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.

    With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.

    Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.

    Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)

    For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.

    I feel like I just wrote a short story.:)

    Members, feel free to comment.





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  • centaur
    04-13 04:07 PM
    well said my friend

    often times, i see that there are people who say India is getting better than US. Wages are going up. H1b is tiring. H4 dependents are not able to work.

    but not once is the person posting the message declaring that he is leaving to India. He/She thinks that more "people from india will not come" . It is the person's ulterior motive that people from india should not come to US.

    once i am in, let the doors close behind me.

    Our attitude is playing one against another. We just need unity among ourselves.

    EB1 against EB2. EB2 against EB3. EB3 against Family based etc. But fact of the matter is that our own brother/sister might belong to the same category. What if our parents fall sick. Would we want them to come to america or should we move back to India.

    let us all be together in our efforts. If not, at the very least be neutral instead of imposing our thoughts on everyone else except the owner of the thought





    gk_2000
    04-21 03:31 PM
    And I thought I should give the forum website a visit in the afternoon during my tea break to see in what sort of disarray it in. Not surprised, I am not surprised. :(

    It's all frustration... sometimes GC frustration, and sometimes sexual





    desi3933
    02-11 03:00 PM
    **********************
    You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.

    Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.

    Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be “unqualified” at the time of filing you are not eligible for relied under section 106� of AC21.

    The regulation do not provide for an appeal from this decision.

    *********************************

    Who has revoked your I-140?

    Is it beacuse of revocation request by Employer
    OR
    USCIS revoked it as it was approved in error.

    There is a big difference between the two?



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