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  • seahawks
    11-19 04:47 PM
    just found out, mine is pending too.. geez..




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  • kc_p21
    12-06 09:17 PM
    We should send at least 100 emails via change.gov to Mr. Obama's team on Legal Immigration.

    http://change.gov/page/s/immigration

    Please urge new administration to support three bills by Joe Lofgren: HR 5882, HR 5921 & HR 6039 . This will be very helpful.


    1. log on to change.gov, create your profile (use a legal email addresss)

    2. go to http://change.gov/page/content/openf...tions20081229/

    input "legal immigration" and hit search questions and vote for all legal immigration questions

    3. You can also post your own question




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  • texanguy
    06-12 06:58 PM
    you are asking for EB2 guys in 2004,2005,2006,2007 to wait for EB-3 guys in 2001,2002,2003,2004. Point is well taken. Its a humane way of handling things.

    Perhaps they should not make EB1 current, let them wait a year or two while 2004 EB2 and 2001 EB3 get their green cards.

    Ask this question to yourself. If you were an EB2 person with 2004 priority with a spouse and kid, Would you be willing to wait few more years to get your green cards so that a 2001 EB-3 shall get his faster and may not care /appreciate your sacrifice?

    Your position helps yourself and nobody else. I dont have any problems 2001 EB3s getting approved before 2004 EB2's. Thats the way it should be, but not at the expense of EB2's. Feeling of entitlement is not adequate justification. USCIS has established a way to convert to EB2 status, if you have sufficient experience. You can certainly try that option.

    I just spoke my mind, dont care if i get red dots or not. Apperantly people here are way too sensitive to an opposite point of view.



    I believe that there is a great flaw in the way the USCIS allocates VISA NUMBERS among EB1, EB2 and EB3 which is very much evident and if we can stand united we can get something done.

    After carefully observing the trend in VISA approval and VISA bulletins, It is a reality that EB3-I is not moving and at the same time EB2 and EB1 are moving fast in relative terms and probably may even become current ( EB1 is already current ), But one thing USCIS is clearly not considering is the Priority Date, which basically means that they are not giving a damn thing about how long the person from EB3-I is waiting for. Here is my suggestion and some of the IV representatives need to analyse what Iam gonna say and see if they can stand up. Being an EB3-I india myself, i totally agree that EB1 and EB2 should be given a weightage and some preference over EB3, but I dont agree to what USCIS is currently following, EB2 With priority 2006 getting ahead of EB3-I with priority date 2001. This is ridiculous and to even think about it, it just sounds stupid. What they can do is , They can move the Dates in both Categories while giving preference to EB1 and EB2 first.

    Please dont jump up & down before i complete. Iam just giving you an example of how things should work and how they can move dates forward for all 3 categories while maintaining that EB1 and EB2 gets preference over EB3. Let us ignore Eb1, since it is already current. Now Coming to Eb2, the priority Date is 2004 for them.Ideally speaking, They should not move them ahead until atleast EB3 reaches 2004. But once Both EB2 and EB3 reaches the priority date of 2004, Obviously EB2 gets the preference over Eb3 and EB2 will start to move ahead but not by much, let us say 1 year. Now, Clearly, EB2 is still given the extra preference over EB3 but at the same time, we are maintaining the priority dates between EB2 and EB3 as close as possible so that the system is not totally unfair to EB3 filers. I think, as one of the un-biased Organisation we should stand up against this unfair treatment in general. I hope even EB-2 will understand what iam trying to say.

    let me know if iam making any sense. If am wrong, also let me know. So that i can get a better understanding of things and correct myself.




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  • unitednations
    03-31 11:09 AM
    So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.

    That was the case when uscis would send straight denial and then person would do mtr with ac21.

    the OP and the particular case I am talking about; they responded to the notice of intent to deny (NOID specifcally said person may be elgiible for ac21 and to give job letter, etc.); however they denied it after the response was sent. It would be different story if they denied due to job mismatching. However, that was not the case. They denied stating the 140 was revoked. Basically, this is a new type of denial and may be a shift in how uscis is doing things.

    I spoke to candidate earlier and he talked to the original 140 company. They told him that their h-1b's aren't getting approved (common issue right now with vermont service center for just about everyone) and that in the clean up they revoked almost 70 I-140's for people who had left. He doesn't know if it was in response to an I-140 query or not (uscis adds up cases frequently in rfe's on the 140). When companies revoke 140 to a RFE; USCIS could be making a determination that the 140's company is now revoking were approved iun error and people are not eligible for ac21. Now; if this was the case; uscis officer should have put this in the denial but they did not.

    I'll keep everyone posted of what happens to this case.



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  • satishku_2000
    09-12 01:43 PM
    I got a ref today the reason ability not to pay. They state that in line 21ordinary business income is less than what it should be according to PW and based on that employer was not able to PW in those years like from 2001 to 2006but the gross income was always in between 600000-1000000 each year. but can they relate your old returns with new PW. I mean does it matter based on your last 5 returns ability not to pay but currently I am drawing more than PW and my employer never filed tax`return with loss. pl. advice Does I need good CPA

    40k+ in 2006
    35k+ in 2005
    33k+ in 2004

    EB-3 PD 2001
    Filed I-140 & I-485 on May 5,2007


    The petitioner must show the ability to pay since establishment of PD. It does not matter if you get paid more than proferred now . Getting paid more than proferred wage always helps.

    If the petitioner has more than one immigration petition pending then he has to prove that he has ability to pay for all petitions simultaneously since each petitions respective priority date.

    Declaring profits help but again one has to put everything in context of immigration petition. If you got paid 10k less than proferred wage in a particualr year , petitioners profits must exceed 10k for that year. If there are 10 petitions pending in a year and all of them got paid 10k less than proferred wage petitioners profit must exceed 100k. I am trying to a put a simple example here . A right lawyer or right CPA may have ways to overcome these things.

    Looks like a good sign in your case is you filed in May 2007 , is that regular or premium processing case? If it is reg processing case then looks like INS is processing cases based on PD which is a good thing should help lot of BEC folks.

    Just curious if your case is a labor substution case?




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  • BECsufferer
    10-09 04:03 PM
    Before I go any further, please read my disclaimer. The views are soley directed towards local market I am aware of and interests in i.e. GMADA ( Punjab/ Chandigarh area) and in no-way should my views/ opionion be applied to flats in Bombay/ Banglore or Hyd etc. With that said, hear me out.

    Their is and last year I first hand expereienced massive infrastrucutral development going on in Delhi as well as in Chandigarh/ Punjab area. Their are supposed to be some Asian or Commonwealth games to happen in 2010. In addition to that, for some great reasons it appears the states closer to national capital had been lacking in basic infrastructural development. Can you believe Bombay-Pune highway is in better conditions than Ludhiana- Delhi, National Highway #1!. FYI: NH-1, is India's historically first highway criss-corssing the country from West to East. So they are playing the catchup game.

    With improved basic infrastructure, living and commuting from satillite cities has become much easier than it was 10 yrs ago. Just like sub-urbs here, people want to enjoy life-style that is un-affordable in city centers. The NRI spending clout has wanned in recent years due to rapid development and growth in India. So the babus, politcians, industrialists, cops, Rich middle-class etc are coming in and taking away most of the RE. In addition to that, the basic infrastrucutral development funded by Government is giving a lot of monies to people whose farming land is being acquired to setup airport or industrial/ residentail sectors. These recently cash-rich farmers are not investing back in buying adjoining farm land but also investing in urban properties. You won't believe, but people were compensated quarter million per acre for recent Mohali/ Chd airport expansion. On top of all this, they ever growing population and shrinking available land is organically raising the prices.

    With all that going, why would you think RE investment would fail? Plus remember the age-old adage "... Land never fails you." Jats do it!



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  • cygent
    01-31 07:44 PM
    Hey Guys,

    I don't know why they are saying it is is TOP 10, remember it is not just the heading "Immigration" we are voting for!!! Please do not make that mistake, you cannot take back your vote!!

    The 1st Immigration question is for illegals at #4, looks like everybody thought wrong & voted for that!!

    OUR QUESTION IS BURIED IN THE NEXT FEW PAGES, LIKE SOMEONE POINTED OUT #71 & #180 OR SO!! Guys do not mislead!!




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  • senthil
    02-05 06:07 PM
    i personally vote for "one step at a time approach", which is been thoughtfully discussed and hand-picked , especially after thinking all the limitations we have in terms of $$, political support, member support, contribution support, etc etc

    remember:
    on every bill and every single effort we try to make after all these pains, every single mistake we make will cost us 6 months or more before we re-group educate memebers and others about what we can ask for in the next and satisfy IV members.

    filling up bills with each and every single problem has taught us some lessons. so we decided to go small to see how it works. every single retro prob has dependancy on others. so as logiclife mentioned solving one will ease the other one or indirectly solve other issues. im not that good in explaining all those, but i can try one.

    EG: see the scenario where H1B is not happy seeing H4 not being able to work. If our I-485 filing provision gets through, he/she can apply EAD for his/her dependant and all are happy.

    dont always think "H4's cant work" "H4's cant work" "Compare with L1's".
    im sure core team might have thought thru about a million times what needs to be done, when and how with all our limitations.

    its a matter of just 15 days wait to see what we get. why throw in more and confuse people. dont we have even a little patience?

    remember, one thing for sure - every single mistake we do from now on - the waiting punishment may be in years. and its for sure the retrogession will be solved in the future sometime, but no guarantee- in our living time in usa.

    pardon me for any grammer / typos. im not used to this kind's big response



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  • bugsbunny
    04-17 12:04 AM
    Hey,

    I have Bachelor's computer's 3 years and MCA 2 years from IGNOU. I have over 7 years of Exp excluding frm my current company. Is EB2 possible in my case. My employer says its not cause of my education, can anybody let me know if they have done EB2 with this scenario. Appreciate your time. Thanks

    you have the education and experience to qualify but as others have mentioned your job should also require a EB2 level of skill...then you can apply in EB2




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  • 485Mbe4001
    11-14 03:55 PM
    Well then why dont you picket against NumbersUSA, programmers guild et al too, i can name 20 conservative radio shows try emailing/talking them to change their opinion. I say this because i have emailed to a few and even tho they understand my point of view they will not change something that gets them ratings and propagates their cause.

    IV has 25k members, i guess 10% out of those are really motivated to participate and ready do something, if you start diverting your resources towards such issues your team will not have much motivation or people remaining when you really need them to do something. IMO

    Quoting Gandhi left and right is becoming pass� now, its like desi politicians, invoking Gandhi for everything. Gandhi did not oppose or pick a fight every monkey who was against indepedence, he was focused on getting the british out and by creating a mass awareness. Try not to take his name in vain. (this is not directed at your post, i have been following your well written posts for a while. It a general comment after reading the forums.)


    What will you do if you have convinced ALL lawmakers but they still do not vote for you because of public opposition generated by Lou DoGGS? The FACT (http://immigrationvoice.org/forum/showpost.php?p=98473&postcount=595) (NOT opinion) on immigration: In evident pain and remorse, a Republican Senator confessed to a Hispanic group from Maryland that his vote to kill immigration reform was “a profile in political cowardice.”.

    Todays New York's Id (http://immigrationvoice.org/forum/showpost.php?p=194883&postcount=1455) example:

    Mr. Spitzer’s decision to abandon his plan comes as a poll released Tuesday by Siena College found that seven in 10 New York voters who had heard about it — and more than 80 percent of the 625 registered voters polled had — opposed it. It also found that for the first time, more people viewed the governor unfavorably than favorably.

    The governor and his aides said that they were not reacting to the slumping poll numbers, but acting pragmatically. That the dispute had even tripped up Senator Hillary Rodham Clinton, who stumbled to answer a question about it in a presidential debate, “was symptomatic of where we were,” he said.

    “The issue was gaining traction not based on thoughtful discourse, but based on sound bites and less than careful analysis,” he added.



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  • americandesi
    07-27 02:45 PM
    Hey

    you have any link to the memo?


    http://www.visaportal.com/downloads/Yates%20Memo%20ability%20to%20pay.pdf




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  • eb3_2004
    07-14 08:25 PM
    Good Effort



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  • BharatPremi
    03-13 10:51 AM
    Yes, I guess the slowdown will happen when it hits the 2005 mark when PERM was introducted and a lot of EB3 were converted into EB2

    Yep, that's "bull period". But assuming AOS bulletin mirrors CP bulletin, it looks like USCIS has decided to play with EB2-India. According to its own process, if USCIS might be working then this bulletin was not expected. 2 things I can think of. (1)EB3-ROW (From which numbers flow to EB2 -ROW then Eb2-countries) is confirmed empty and thus EB2-ROW is empty too (2) Somehow abrupt decision. If it is no:1 then it is really good news. But if it 2 then it will be bad for EB3-India as EB3-India is the MOST suffered lot during 2002-8. and Per country limit will make it more suffered with this illegitimate forward movement of EB2-India. Let's wait for AOS bulletin.




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  • swamy
    12-12 09:22 PM
    However, as far as access to some information and benefits goes, this can be restricted to members. If you think this issue impacts you as severely as it does, why the hesitation to ensure something gets done about it, and get regular access to information and benefits without the clutter?

    jazz

    I guess you are talking about premium membership like wsj etc. I am not sure a free exchange of ideas can occur if we put our membership for sale by restricting access to some parts of the website. IV will lose some of its sheen and I am not sure the tradeoff in membership $ is worth it- dunno just doesn't feel right in the gut



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  • Humhongekamyab
    07-02 04:53 PM
    I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
    1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
    2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
    3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
    4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
    also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
    5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
    do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
    the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
    this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
    I am not an attorney...i am just an immigrant stuck in GC Q like u guys....

    Thanks for posting your experience. Good job.




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  • rkg000
    04-19 09:54 PM
    Found one more without good education.

    Got to hand it to you man, your comments are Hilarious. You heard this .."Fool me once, shame on you; fool me twice, shame on me". You said USCIS is screwing you you by giving H1 and GC to these lesser degree fellas, and shame on them for doing this, yet you stand in line to get screwed by USCIS, everyday, again and again. And you are standing in line for what? the past 10 yrs only to get screwed everyday. I don't understand the desperation. Anyway, hope you get your GC soon. I don't know which is more fun for you, getting GC or standing in the line.



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  • logiclife
    02-22 05:18 PM
    The conventional wisdom, overall, in DC is that when it comes to Legal EB immigration, Republicans are our friends.

    If you are an illegal Democrats are your friends.

    These days, the dems and republicans have joined hands against illegal variety. There hasnt been a litmus test of legal immigration on Dems or Republicans. I dont think S 1932 was any indication on where congress stands on our issue. S 1932 was a budget reconcilation bill and they had bigger fish to fry: Budget reconcilation. In order to garner support from their own party, republican leadership had to drop immigration and other non budget related things from 1932. Tancredo and Smith can only have fun as long as there is tough opposition to any bill. On bills of like PACE having 60 senators and hopefully majority on board, Tancredo, Byrd, Smith and cheerleaders like him may not have bargaining power they had during 1932




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  • polapragada
    04-26 06:34 PM
    I like majority of others who came here on H1 with genunine intent of settling down should work toward common goal of easier GC processing and not support outsourcing idiots esp L1s who is nothing but shipping jobs overseas and making a field (eg IT) minimum wage pay. Just look around how much TCS pay .

    COmmon goal of us is easier and humane green card processing and to work towards the goal to stop blatant abuses in the form of L1 (and some H1 )

    Watch your language.. My friend.. don't throw your rotten ideas as facts

    TCS for deputed employees
    1. 60.5 K -70 K
    2. Full medical insurance (whole family) from Cigna...
    3. 401K 4%
    4. All travel and relation expenses
    5. So many...
    --> better than most desi employers

    If you think that there is abuse in L1 so in H1

    Becasue of so people like you anti-I could able to successfully devide us.

    If you think that out sourcing and sending jobs to India is utterly wrong.. so giving jobs to foreigners in US.
    You and me are here because of globalization, if we want to get PROTECTed from MORE globalization.. for sure every body will suffer, Indians (in India),L1,H1, You, me, Even Citizens.

    And if you are an Indian and going to loose job in USA because of the ptotectionizam you will end begging a job from the same Indian outsourcing companies. Watch out..




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  • neel_gump
    04-12 11:18 AM
    Just send my $100 contribution




    desi485
    02-11 02:24 PM
    I did paid consultation to find answer to this question with murthy office. As per them, one can do transfer and extension of H1B even after using AP as long as the current I-797 is still valid.

    Thank you so much for sharing your information with the rest of us. It is people like you who makes this IV Forums so valuable.

    What 'casinoroyale' mentioned does sound logical to me. H1 can either be VALID or INVALID. (there is no third state). if its valid it can be transferred or extended.

    If someone says its valid but can not be transferred, means we are talking about a third kind of H1B here which is neither VALID nor INVALID. An H1B only valid with current employer and which can not be transferred or even extended. Thankfully, this kind of third state does not exists.

    However I am no legal expert on this and hence asking others to share their experience on this.




    coopheal
    04-21 02:06 PM
    Sent another one and its about that Moron snathan
    :p

    You are being warned. mend your ways otherwise be prepared for ban.



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