Friday, July 1, 2011

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  • Green.Tech
    02-26 05:48 PM
    Green.Tech,

    Allow me to ask you this. Why do you waste your time like this? Don't you have anything better to do? This suri guy is a jerk fresh out of PMP some class, and he wants to see a "project plan". Let me send him a power point presentation and Microsoft Projects file about the "project plan" which he wants to see.

    Look, you can waste your time for as long as you want, but there will always be jerks who think that advocacy for EB issues is a "project", and at the end of budget and scheduled time, he wants to see the desired output. That' a narrow mind-set of PMP certification, which often do not apply in advocacy campaigns. It's ok, it took me time to understand this, but I had to do my own research to understand this. suri has to do his own research to learn more than his pmp class. You cannot explain it to this suri guy. So my advice to you is, please don't waste your time.

    Also, who knows if this suri guy is an agent of some tracker site, just playing his charm to dampen our spirits so that all we do is track our soft LUDs.

    .

    Sanju,

    I couldn't tell from the tone of your message if you were reprimanding me or offering me an advice in good faith. :) Anyway, the optimist in me believes that it was the latter. Thanks for the advice but I do not believe I am wasting my time by answering queries like these from members who think IV is out there to do them a favor at each step without them participating in the march towards the ultimate goal. It's all in one's perception, I guess. Even if I am successful in changing the mindset of one individual in a month, I will happily 'waste' my time on this forum :)

    Keep up the good work!

    Green.Tech




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  • imconfused
    07-08 08:03 PM
    In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.


    Congressman is absolutely worng. I hope they give such statements more and more and put their big foot into their even bigger mouth. once a h1/f1 etc visa has been issued to an individual, that individual has the right to be treated the same way as any other american till the time of his/her stay in the USA.

    - This is my understanding and in no way a legal statement..




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  • mita
    08-14 03:21 PM
    As mentioned in my earlier post, address on my husband's I-485 was changed by USCIS system wrongly to attorney's address. We were wondering whether the documents went to old address or attorney and thank god our attorney has received it today and we will get it tomorrow. As for me and my son, still waiting...




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  • HarshJ
    11-05 03:23 PM
    Well she suggested that she had scheduled the FP appointment and said that I should be getting my FP notices in 30 days.

    I am hoping that its the truth !!



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  • Naveen
    05-04 07:59 PM
    Hello Sir,

    While opinions are good and welcome. My requirement is to see the exact INA language.

    I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?

    Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.

    Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.

    I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?

    Thanks

    Hello Madam,

    22 CFR 42.32 a(2),b(2),C(2) page 224

    http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.


    Hope this helps you sleep better at night.

    Thanks

    P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?




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  • rtarar
    05-21 09:25 AM
    As you have efiled your EAD the FP you have received might not necessarily mean the FP for 485, it could be just for EAD. Gurus any comment!!

    Well in my opinion(although it doesn't count) an FP is an FP and it is for I-485 and EAD happens to use biometric information on the card.

    I 'll try not to lose my sleep over it... chill!!!!!!!

    -R



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  • alias
    08-18 01:45 PM
    I don think this issue concerns you. So , with all due respect, please BACK OFF.

    Nope, you are wrong. Anyting spoken in this website concerns every aspirant immigrant member. You need to get that straight!




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  • krishnam70
    07-02 09:02 AM
    That thing is there for quite some time now... like more than a day. nothin new about it. just search the forums and you will be able to see what it says.

    true



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  • JazzByTheBay
    09-28 04:36 PM
    Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.

    If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.

    As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.

    It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.

    jazz

    First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.

    The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.

    However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.

    Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.

    I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...

    Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.

    Also, IV should advocate on not to have any restrictive interpretation in final regulation.




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  • danila
    07-08 08:15 PM
    AFAIK when you file the A number is allocated. That is the "visa number", and it comes from the country/EB quotas.

    once that is exhausted for a country/EB, you have to wait.

    it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.

    'A' number is not the visa number, it's the alien registration number assigned by USCIS. Visa number is allocated only when the AOS application has been approved.



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  • GCVictim
    09-09 06:44 PM
    Is there any +ve direction in the future for EB2 and EB3?




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  • anzerraja
    07-20 11:09 AM
    Dear Members

    For those of you joining us late, here is some info about this thread.

    1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.

    2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.

    So do not pay it directly to the IV core funds, yet.

    Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.


    There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.

    http://immigrationvoice.org/forum/sh...ad.php?t=10708

    Could you please pledge an amount ?


    Thanks
    Anzer



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  • nk2006
    05-02 11:37 AM
    Where is the relief for foreign educated professional who is filed under EB3.

    They seem to exempt only for extraordinary ability ppl.

    Section 201 item two says exemption for all advanced degree holder who worked in US for atleast 3 years in a "related" field. I know there might be issues with definition of "related" but seems job can be EB2/EB3 as long as the beneficiary has an advanced degree and the job is in related field - they are exempt. Am I reading it correctly? I think is how its in STEM right now. A very good back bill for us (if CIR fails to materialize).




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  • bmoni
    05-01 12:04 AM
    ..



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  • cool_guy_onnet1
    05-03 03:30 PM
    source immigration-law.com

    05/02/2006: Senator John Cornyn Introduced S.2691 for "Legal" Employment-Based Immigration Legislation

    * Today, John Cornyn, Senator from Texas, introduced in the Senate S. 2691, Securing Knowledge Innovation and Leadership (SKIL) bill, which is similar to the legal employment-based immigration bills incorporated in the comprehensive immigration reform bills of Senator Bill Frist and Senator Alen Specter. These legal employment-based immigration bills are similar to the Education bill named PACE Act which is still pending in the Senate.
    * Senator Cornyn strongly opposes the legalization of undocumented immigrants as opposed to the Senate Majority Leader Bill Frist and most of the Senators in the Senate Judiciary Committee. The compromised comprehensive immigration reform proposal faced strong challenge from Senator Cornyn before the bill collapsed in the Senate during the Easter break. Cornyn-Kyl bill and McCain-Kennedy has engaged in a fierce duel in the Senate Judiciary Committee and in the full Senate. The collision was marked by the legalization of illegal immigrants that are incorporated in the McCain-Kennedy bill.
    * By introduction of S. 2691, Senator Cornyn practically joins the original Bill Frist bill that strongly supported legal immigration and strongly opposed legalization of illegal aliens by focusing on the border security and the immigration enforcement. Question remains whether the legal immigration bill can pass the Congress as separate from the Comprehensive Immigration Reform legislation. We are concerned that this bill may bring a further division between the legal immigrant community and the illegal immigrant community with the potential damaging consequences to both legal and illegal communities. We have maintained a tradition of strongly supporting legal employment-based immigration. We just hope that the legal and illegal reform legislation does not end up with the fate of S. 1932 as driven by the political forces using the traditional battle tactic of 'divide and conquer.' From the perspectives of the legal employment-based immigrant community, all of the pending bills support their interest and they will be least affected by whichever bill the Congress finally would pass. This is a time to unite and not a time to divide.
    I am a big fan of oh-law and I see what he is trying to explain - but common-sense suggets that all the law firms are scared that instead of 12 million pottential customers they will only see 0.5 (legal) and 4-5 million (>5 year illegal resident if comprehensive bill passes).
    Would you like your customer base to go down by 50 or 96%? I guess No- so don't pay too much attention to who cries faul- It's all fair as long as we The hard working tax-paying technology workers get piece of american dream.
    At this point it's all about flexing the muscles-
    No politics, it's just plain vanila human greed!




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  • dtekkedil
    07-06 12:50 PM
    Folks, I am preparing a draft of the letter to be sent to the media. Any suggestions for points to be included are welcome!

    I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.



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  • dixie
    12-11 12:11 PM
    Lets take another view of this "realistic" angle : Its common sense to go after the low hanging fruit first (I-485, filing EAD etc), but what we conveniently forget is in that case we will not have any support whatsoever from the corporates,AILA,health care industry etc. It will have to be a solo effort from IV for which we would need the support and active contributions from at least half of the one million EB applicants affected by this mess. So far, we have piggy-backed on CIR and SKIL both of which were to a large extent driven by corporate interest. If you take these realities into consideration, provisions like 485 etc are not low hanging fruits any more, because we no longer have a stool to stand on. Given the infamous intertia of the lawmakers, introducing our own independent provisions will take a lot more than a membership base of around 6-7K, a contributing base of around 2k and a free-riding/blissfully ignorant base of 900k+.

    Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.

    Can't agree with you more. Since 9 or so mandatory spending bills are pending for 110th congress and it will be the first order of business when congress opens in January, including minor provisions like these, which doesn't require any visa increase, should be considered as a possibility and pursued. If we just want to hit jackpot, it may not be happening anytime soon.




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  • minimalist
    01-31 01:17 PM
    nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?

    Ideally your employer should rescind your offer and buy you a ticket back home.
    But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.

    Is it illegal? Yes. But there is a risk for the people involved.

    Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.

    In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.

    You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.





    Minimalist.. to begin with, I am not here to judge you or anyone else and I don't think sledge ever had those intentions. Hence, please don't take any of the comments personally.

    The original post by nehas was a question to which almost everyone, including sledge responded, trying to help her. The common answer was that she (not he) needs to switch back to H4 as she is already out of status. My orignal post very clearly indecates the reasons why I believe Neha is already out of status. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395

    After I answered Neha's question, which I know is the correct answer, I asked her a simple question i.e. is it ethical to apply for H1 visa when a person does not have a job offer, especially when the entire legal immigrant community knows that for last few years due to the visa cap it is very hard to obtain a new H1 even if you have a valid job offer.

    I totally agree with you that no one on the face of this earth is a pure saint but ours (legal immigrants) is a small hardworking community, which most often understand each others pains, and that's the reason this forum exist.

    Now, I ask you in the most humble way, what would you have done if your would-be employer had sponsored the visa but due to the lottery your application was never even selected for processing. To top that you learn from all over the world that companies like Wipro, Satyam and desi body shops applied for H1's, which they probably won't even use. Don't get me wrong.. I am a proud Indian and proud what these companies have archived..




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  • WaitingYaar
    02-06 10:34 AM
    Just wondering if anyone on the forum has experience at Ottawa international while returning with either AVR or AP. Also, is there a preference if you have both AVR and AP, what to use to enter back into US? Thanks.




    s_kary
    09-14 03:01 PM
    Let's make sure that this thread or http://immigrationvoice.org/forum/showthread.php?t=21340 remains at the top "Recent forum posts" on IV homepage, so that more and more people can notice it and we can take a timely action. We might need some help from admin. to get this done. I see that "IV Forum login problems" thread is hardwired to remain at the top. We can do something similar for our thread.




    arrarrgee
    07-06 04:55 PM
    I think even fake flowers would do...given what we all have to go thru...guys send these and save few dollars :p

    Those are FAKE flowers!!!

    Send real ones!!



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