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Wednesday, June 22, 2011

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  • sledge_hammer
    06-05 07:33 AM
    This is unsettling...

    Revocation of Approved Labor Certifications
    The DOL Perm rule, at 20 CFR 656.32 provides for the revocation of approved labor certifications by DOL if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL will also send a copy of the notification to USCIS and the Department of State.





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  • arihant
    03-16 11:51 AM
    All,

    Do not despair yet. We were repeatedly told that bills take a lot of time to pass. Never the less we'll keep working on this bill and this also precisely why we're not pinning all of our hopes on only the Comprehensive Immigration Bill. We also have the PACE bill and the TALENT bill, which can bring a lot of relief to us.

    Are there any plans by the senate or congress to to bring these two bills to the floor anytime? In other words, what is the current status of these two bills?





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  • pkak
    11-18 02:37 AM
    Vowww... what a wishful thinking.


    OK looks like I was wrong. Some July Visa bulletin people may not be able to buy houses.
    But those desis can at-least help with Global Warming by living 5-6 in a house, and 5 guys travelling together in a 1995 Toyota Corolla.





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  • gmatch
    12-13 03:45 PM
    Guys,

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

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

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

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

    waiting for your help....



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  • abhijitp
    07-08 01:05 AM
    http://youtube.com/watch?v=qP79UslTUr8

    Please take a moment to view it, and post your comments. Should we not try to make this one of the most watched videos?





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  • dtekkedil
    08-31 11:20 PM
    No lies, salary cannot be raised and people on H-4 cannot work. The article is right.

    What I don't get is where they got that the Sept 18 rally will see 5000 of us attending? That's way too little guys, we need at least double that!

    Will we even have 5000 people??? I will be (pleasantly) surprised if we do!

    Too bad most of us think this rally is a waste of time. I hope they wake up and realize that doing nothing and waiting for their GCs will be an even bigger waste of time if they lose their job 3 years down the line!



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  • alterego
    07-06 02:18 PM
    Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.

    The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.

    This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.

    Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.



    Thanks to Dr. Bahrainwala for the interview.

    Wow. Very visible place to get on the radar. Can't wait to see it.
    If I remember correct in the NYT article, he has spent something like 11yrs waiting to just file the 485.

    I hope, really hope that out of all this we can atleast get a visa recapture legislation. It can be considered as undoing the inefficiency of the USCIS over the years.

    It will help everyone in the EB line at every stage in many ways.





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  • Green06
    09-19 12:39 PM
    I think initially due to rush the NSC sent apps to CSC because either the person's residence was in CA or Lawyer, In my case my lawyer is based in LA, CA. But now CSC is trasferring back the 485 apps to NSC where the 140 is being filled (or may be there is some other criteria). I am waiting for the EAD and AP approvals and FP notice.



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  • NKR
    10-21 03:18 PM
    Despite of my request on RED dots and interpretation issues,

    Some one gave me a RED dot for this posting. It is as follows

    1. Interpretation issues... 10-21-2008 03:40 PM What is "con traversal" dear ? ))

    Guys, we need keep away these kind of people from IV participation. There should be some restrictions (rules and regulation). These are the people who don't know what they are doing. GOD only can save them.

    We are here for to work and live and represent as a forum to fight against a broken system. Looks like we have issues among us.

    We either take away GREEN/RED dot concepts from bothering others or do some thing else (display who has given RED/GREEN dots).

    Core member do some thing.


    The least you can do is ignore the dots, the more you talk and complain, there are people wanting to give you more, it is like this.. the more I listen to Shawn Hannity, the more I turn democrat.





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  • immigrationmatters30
    05-29 09:17 PM
    done!



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  • Sheila Danzig
    04-19 11:13 AM
    There is an unpublished appeals office decision supporting the 3+2 equivalency to a US masters. It appears that some adjudicator do not necessarily follow the AAO decision however an attorney told me that if the case goes back to the AAO office then the AAO follows their own decisions. As far as I know the cases I am familiar with all were approved at some point (or are pending) when the AAO case was sited.

    As far as the 3 year bachelor degree equivalence to a US bachelor degree there are notes from an AILA liaison meeting where USCIS stating: "Credential evaluations that provide a details comparison of credit hours completed by the beneficiary for the 3 year bachelor's degree program with credit hour required by comparable U.S. bachelor's degree program." Exactly what is meant by this is not clear. However, one might say that this indicates that they are at least open to accepting the 3 year equivalency to a bachelors degree.

    Our experience is mixed. We have had many approvals when showing the 3 year degree equivalent to a US bachelor degree and we have had denials. In examining the differences it appears that when the attorney makes a strong case in addition to the evaluation the rate of approvals is higher. We don't have exact statistics since many clients do not report back.

    There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.

    I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.





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  • xyzgc
    10-23 03:56 PM
    If thats the case then why don't they move the PD forward. EB3-I is stuck in 2001 since last 3 years and its not moving forward at all. How can we get some help here, ombudsman?

    That is exactly the issue. they don't move it forward despite lack of sufficient number of cases and then they move it forward by a year or so, it creates a chaos. And it applies to EB2-I also. Look where the dates are as per Nov bulletin.
    Its crazy.
    How many cases you think are in 2001, when last june the cutoff PD was June 2003? All this has been said over and over again in other threads, there is no point in repeating it.



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  • makemygc
    07-08 01:41 PM
    Nice coverage by immigration-law on Gandhigiri:-

    07/08/2007: Massive Flower Send-In Campaign by Indian Community in Spirit of Mahatma Gandhi's Nonviolent Protest Against the Injustice Involving Visa Bulletin Fiasco

    The East Indian community has been engaging in an interesting campaign sending a massive bouque of flowers with a message of protest to the leaders of the USCIS and the State Deparment, including Mr. Emilio Gonzalez, Director of USCIS and Dr. Rice, Secretary of Department of State relating to the ongoing Visa Bulletin commotion. Indians are the primary sources of foreign high-tech workers and the country's much needed sources of brains for the businesses and the employers, and it turns out that the current Visa Bulletin fiasco has hit most them and their U.S. employers. Considering the fact that the Congress sidelined foreign legal workers and brains as a backburner issue in the ill-fated CIR, the current Visa Bulletin fiasco appears to add the heat of outrage to the Congress' unfair and unjust treatment of the legal immigrants by leaders in this country. OUCH!





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  • Berkeleybee
    04-10 09:05 PM
    IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.

    I'm smiling. We will certainly try, but the part above (clout etc) would be an overstatement of our current levels of access. :)

    Note that these are the same agencies that have been resisting our efforts to get even the most basic breakdown of data.

    best,
    Berkeleybee



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  • TomPlate
    02-28 11:37 AM
    Are they going to approve cases which was filed during July 2007 with 2006 or 2007 priority dates, if they fall under namecheck issue.

    Please share your thoughts on this.





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  • naushit
    12-12 01:19 PM
    .doesnt matter even if it is Iraq..please tell me, I am tired of waiting for visa bulletins and putting my life on hold..please...




    I know how to go to IRAQ, Just join Army...they will post you tomorrow ;) .
    Easiest way to go to IRAQ with paid airfare ....;)



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  • Circus123
    07-10 08:04 AM
    In my opinion, we should not spend any resources on this guy and or to oppose who oppose our views.
    We should stick to getting our goals achieved instead of fighting those who are fighting us.

    Lou Dobb seems to discourage illegal immigration but is all for legal immigration ...





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  • CT_Green
    07-10 10:16 AM
    If everyone agrees we should have a media camapign where we contact all the media outlets and let them know how CNN is providing air time to Lou Dobbs for his own propoganda against legal immigrants.

    CNN should be ashamed of themselves for not providing fair reporting based on facts.





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  • jetguy777
    07-08 05:16 PM
    This is an excerpt from Ron Gotcher's website that addresses a possible outcome for these bills:

    "As far as I know, they only had sub-committee hearings, but that is where the real work is done. The sub-committee takes testimony from interested parties and gathers other evidence related to the subject matter of the bill.

    Legislation generally only goes to full committee when it is going to be forwarded to the floor as free standing legislation. In this case, no one really expects any of these bills to be presented to the floor for a vote, so the full committee is not bothering with them. Rather, the sub-committee has taken in relevant evidence and let everyone have their say. Now, if they can find an appropriate vehicle, they can attach some of the proposals from the various bills and try to get emergency relief passed."



    Is there any update on three bills in house. I have checked the hearing schedule for all committees and there seems to be no hearing scheduled for any of these bills. House is in session till September 7 and after that District work period and convention shows, which leaves us with just 4 weeks from now and after that It reconvens from September 9 with target adjournment date of 26th september and i m pretty sure no congressional rep will like to cast vote on any bills before going into election....

    Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...





    viv24
    05-25 03:01 PM
    Hi guys, here is my case

    came to us 8.2003 on f1, completed studies in 02.2006, opt from 02.2006 to 02.2007.

    filed h1b petition 07.2006, h1b approved for company a,02.2007 changed to company b 06.2007 approved 01.2008.

    company b filed for i140 i485, got EAD, AP and FP done in 2007-2008. i140 not yet approved

    Gone to montreal in march 2008 for visa stamping, got 221g, waited for 60 days no positive reply from consulate.

    Came back to US on AP, since i had job, could not lose. My questions

    1) if i get my h1b visa get approved and stamped hopefully, can i go back to h1b status without losing my EAD, i140 applications. i have about 4.5 years left on h1b. other reason for me wanting h1b is getting married in india.
    2) can i file another i140 for the same i485 for back up.
    3) I have entered US on AP, do i have use EAD or just work on h1b.
    do share your experiences and opinions, I am also working with attorney on these issues, your input and guidance will help to plan for all events.


    .





    trueguy
    06-05 12:55 PM
    I understand that is not a reliable source of tracking approval pattern, however, this is the only tracker we have available and this gives us fairly good idea about USCIS processing.

    Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.

    However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.

    So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.

    Any insight on this?

    Thanks.



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