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  • tinku01
    02-21 12:51 PM
    As per my lawer this is not a right time to port your date to EB2 as at this moment nobody knows anything and there are very least chance for eb2 to move forward.:cool: as per her now eb2 is more crowded than EB3 that's why it became UNavailable. It's just a suggestion keep yourself with same EB3 or EB2 whatever you have otherwise I know one frined he ported his July2001 to EB2 and at this time EB3 is current for this date although eb2 unavailable





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  • vamsi_poondla
    09-26 10:55 PM
    I don't know who senthil1 is, nor do i care. If you nothing to reply please don't waste white space. My comments are not to stir up arguments but an observation.

    IV is sticking to employment based green card reforms. Green Card == Immigrant Visa. So, it would be silly not to use 'immigrant' in this context.

    IV is not for just those currently in the 485/140 stage. It will be for future green card applicants as well and that includes H1Bs and F1 holders.





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  • rajuseattle
    07-14 08:23 PM
    ajthakur,

    dont worry about LUD on 07/13, that was a generic update.

    My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.

    I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.

    Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.

    Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.

    dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.





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  • GotGC??
    04-20 02:23 PM
    [SIZE=3]Attn: California Members � Please participate in this event to support STRIVE ACT.

    Will be there ! Go IV !!



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  • .soulty
    02-15 08:24 AM
    just google search subway for inspiration...

    look for photos or something.





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  • chanduv23
    01-30 09:08 PM
    Benching is a concept where a H1b employee is not productive to the sponsering employer, during this time the employer does not want to pay the employee. This is not permitted because such a concept just does not make sense.

    Generally people find it difficult to find their first work assignment when they do not have US experience and a lot of people have initial bench, which is also not valid, but it is common.

    Nowadays a lot of these body shops also manage to get some product development or outsourced work from clients and when their employees come on bench they are made to work on these internal projects or manage outsourced work and their payroll continues as they do productive work as well as look for future assignments.

    Your case is defferent and you not recieving pay check during summer is not bench.

    Prolonged benching have been taken seriously by USCIS. I am not aware of any cases in detail but people have had issues with spouses not getting h4 etc...



    I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?

    Is it possible to take unpaid leave every year?

    In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.



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  • greyhair
    09-09 02:36 PM
    With republican House there is zero chance of anything happening on any kind of immigration bill. Nothing other than border security will be taken up. It will be best to kiss good bye to GC dreams if republicans win the House.





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  • decipher
    04-23 04:16 PM
    To be fair, inability to get educated (linked to career progression) deserves some attention.

    I was in gautamagg's situation earlier (I am still kind of ). I believe there are several others in the same situation. GC delay is an serious hindrance when age is a factor for getting education. However, there are alternatives - part-time education and studying in another country. Have friends who have taken both the approaches. You can come back to the U.S (if you really need to) after your education/experience through H1 again.

    As far as the U.S loosing talent, U.S legislators/administrators are the ones who should be worried and try to stop it. The coveted trying to convince them seems contradictory and doesn't gel well.

    Personally, I think expecting a quick solution for the mired immigration issue to get an education is expecting a little too much when there are alternatives. This is a wrong forum to do it too.



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  • 53885
    08-15 08:51 PM
    If people were not busy preparing for Sept 18th DC rally, this thread would have been 20 pages plus, but if you REALLY want to discuss some thing then here it is........

    Employment Based (EB) Green Card (GC) Laws
    � The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
    � Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
    � As per USCIS Ombudsman report
    o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
    o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
    o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
    � There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
    � So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
    � FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
    � EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
    � The laws need to be changed and the process improved to fix the situation.
    What does it mean?
    � There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
    � Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
    � Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
    o You will have to stop working, if your EAD is not renewed in time.
    o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
    � You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
    � If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
    Immigration Voice (IV) Executive and Legislative Efforts
    � Lobbying is an efficient tool to influence law and rule making.
    � IV was very active in lobbying for CIR 2006, which was passed in Senate but failed in House.
    � IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
    � Due to upcoming presidential elections, next congress session in October�07 may be our only window of opportunity for several years to influence the lawmakers.
    Your options:
    a) Struggle for several years.
    b) Leave USA
    c) Help yourself by joining IV.





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  • DesiGuy
    09-10 11:08 AM
    thanks for the updates guys.

    mods/admin, can you pls allow chat access at least for the duration of this hearing...will be appreciated. thnks



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  • pappu
    07-03 06:01 PM
    If anyone has any questions we will be happy to talk to them.





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  • alex99
    10-27 03:10 PM
    Please participate in this poll.



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  • chanduv23
    11-11 03:47 PM
    We can do something to start with call. later admin adds funding drive or some senior member will add funding drive. Why people asking for IV core is If I or other member will start some thread/campaign it will divert to other discussion or no more support. But I have notice that if IV core starts it people become active and call or write email.

    Even being a organization some one may be prez of IV org can call Zoe and find out what will be deal with HR 5882 in lame duck session. They will not reply to me or other members but atleast can reply to some IV rep.

    hows that ? I am not favoring rajuram or not against chandu.. just expressing what I am thinking and what others may do..

    You are also a very active poster and can definitely help IV in all possible ways. Thanks for all the help.





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  • needhelp!
    09-26 11:31 AM
    Re: http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606

    The article referenced above written by you has a glaring error. It states that "Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.
    The demonstrators said that potential employees-who are needed in growing fields such as engineering and software development-are being shut out because of a lack of H-1B visas. "

    I was under the impression that esteemed reporters like yourself research the facts in detail before providing such statements. That does not seem to have been the case here.

    I was one of the participants in the rally held on September 18th by Immigration Voice (www.immigrationvoice.org). I flew from Dallas, TX to press for reform to the green card process which is taking anywhere between 6-12 years to process permanent residency applications. This is VERY different than H1-B which is a temporary visa.

    As a participant of this rally, I am utterly disappointed to read that you and the CNN organization have completely misrepresented the purpose of my protest, thereby undermining the whole effort.

    Kindly contact info@immigrationvoice.org and Immigration Voice should be able to provide you with the detailed facts about the purpose of the protest. I urge you to fix the article as soon as possible and issue a correction.



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  • singhsa3
    07-18 09:54 AM
    Please explain Greg's comment,

    "We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."

    Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
    Also, if my appliction, filled on July 2nd,reached 11:34 AM CST, has not been returned yet, shouldn't we assume that it will be accepted?





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  • unseenguy
    05-26 11:05 PM
    Just carry a copy of I-94 or EAD with you all the time. Just keep it stapled to your insurance or in your wallet and forget about it.



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  • ita
    02-02 03:25 PM
    desi3933,
    Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.

    Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.

    I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.

    If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.

    All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.

    Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?

    Thank you.



    W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • javadeveloper
    12-11 12:33 PM
    Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.

    Compare that with US consulate and DOS VISA bulletin and GC process...

    Agreed





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  • permfiling
    02-14 01:41 AM
    Canuck,
    There is no divide and rule policy by US as giving H1 does not mean that you have to file for Immigration, It is the choice of the person to get immigrated to US and US has set some policies by quota system. If you don't like it then no one is forcing you to stay back (US will say that if u sue USCIS).

    Thought to chip in my 2 cents as you are showing similarities of british raj and US. First of all it was the fault of the kings in India during that time who were not united enough to kick them out.

    Cheers
    permfiling
    EB2 -INDIA
    N Cal Chapter








    Dear friends,

    I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.

    For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.

    The very same policy is used by the U.S. government to control their population:

    1) Per country quotas in EB immigration cause infighting

    2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda

    3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control

    4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese

    ...and the elite sit back, sip their martinis, and watch the fun.

    So you have two choices before you:
    1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
    2) Unite as one to achieve all 3 objectives, and throw off your shackles

    Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King





    gemini23
    09-26 10:13 AM
    Can the IV core make this a sticky thread or display it prominently in the main page..so that we can this as one of the action items for today.





    dummgelauft
    08-21 11:40 AM
    I am NOT here illegally. I was told BY someone at USCIS when I submitted the first application that as long as I was submitting requested applications and the required fees, I was not considered an illegal alien. If that was the case, why has no one at USCIS ever told me that? They know where I live, who I live with and everything else they need to know, I have no secrets from them, but not once have I received a letter, phone call or anything else to request for me to leave. I guess those of you that are professionals or those who already have a green card, are better than people like myself who are considered blue collar. I don't receive a dime for what I do, room and board is it so therefore I am not taking away anything from Americans who were born in this country.
    In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
    I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
    It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
    I won't be back.

    Okay, Let us assume it is not your fault, but answer a few things for me
    (1) Did your Fiancee sponsor you for permanent residence in US? (He has to marry you to do so.
    (2) Since 2002, there has been a n K1 visa (fiancee visa), did yo enquire about that?
    (3) Do you have a Canadian Citizenship card?
    (4) If you have a Canadian birth certificate and a License, why the heck can you not cross back in to Canada, via any of the dozens of land border crossings, and go start the whole process, with a passport in hand and a proper sponsorship for your visa.

    In you post you have not mentioned ANYWHERE, as to who filed the immigrant petition for you. You can not just file it yourself, you need a sponsor (which in your case, should be your fiancee/husband).
    If, by mis-fortune, you are no longer with your fiancee/husband, the best bet is to go back to Canada and get on with your life.



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