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Thursday, June 23, 2011

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  • desi3933
    01-30 02:35 PM
    I dont get it, u r a EB3- india (ur profile says that) with SEp 05 PD and you got an RFE on 485? Cos, i know uscis did not even touch eb3 india with any PD of even 2002. something is not right?


    Incorrect! This is just a myth. I-485 RFE can be issued and it can be denied when PD is not current.

    Read on my post on same thread
    http://immigrationvoice.org/forum/showpost.php?p=313977&postcount=14





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  • dpp
    07-09 03:53 PM
    I dont think legally you can sue someone, because they have worked harder.
    I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.

    If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.

    I till now personally believe , that the USCIS/DOS hasnt broken any law.
    They may have however changed a pettern,process , but no law has been broken.

    Everybody knows they didn't broke the law, but the way they followed is wrong.

    I saw somebody suing her company because her colleagues are using perfumes. If this kind of US, then why should we leave them for this disaster.

    What they broke is "They need to give prior notice in advance". They cannot give one-hour or one-min notice. They haven't given one-min notice also. It is outrageous. So, please don't say that they didn't broke any law.

    Do you know what does it mean by notice? It should be given well in advance if you want to convey something.

    They completely broke all those ethical laws.





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  • chanduv23
    09-27 10:12 AM
    A common card that can be used for different countries - gives excellent mobility - improves standards - induces competition - this concept looks good and promising.

    Please share some more info if available. Lest discuss pros and cons





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  • joydiptac
    02-19 02:22 PM
    Guys, this looks good. It is NOT for illegal aliens. Paragraphs (c) and (d) state that the alien must be admissible as an immigrant (i.e. not have broken the law by being an illegal), read paragraph (d) here:

    "(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."

    Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.

    So, stop sending those letters opposing this bill, and instead let's support it!!

    Totally agree with you. All opposed are not getting the point that they do not stand to loose either way. Hope they come to their senses. Anyhow if nothing happens they will be waiting way more than 5 years. This can only reduce the backlogs. Think with a clear mind. You might have a fast car but you can't go fast if the freeway is clogged. THink!



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  • nk2007
    07-18 12:34 PM
    Some of you have been concerned about my post regarding the rejection of some applications received on July 2nd. I've been checking and it seems to be true that some cases were sent back that day. Apparently, the number of cases sent back is small, however, so that is good news. And you should have received the case back by now if you're in that group. For everyone else, the way you will likely find that your case is being processed will be if the check is cashed. I would give this a few days and keep checking with the bank to see if the payment has cleared and this will be a lot faster in all likelihood than waiting on a receipt. Obviously, check with your lawyer on this.





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  • desi3933
    03-10 02:55 PM
    From July-07 fiasco DOS and USICS work very closely on VB, I am referring to USCI and DOS. And USCIS is the one who influence DOS decision.

    Let me ask you again, there are two "they". Same or Different?
    Here is your statement again
    >> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.

    Remember, this is a trap question.



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  • desi3933
    02-03 01:02 PM
    Thanks desi3933, couple more questions...

    do I have to submit only the job offer letter?
    Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permanent for the same salary as in I140?
    Do I have to send the W2 from last year?
    Do I have to send 2 pay stubs from this year?


    Please read my post again.
    The letter is for future GC job, not for your current job.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • Slumdog
    01-16 03:34 PM
    In Continuation from above post...

    8:00Am: the last half an hour I was just glaring at my pc & just thinking & not doing any work, I cancelled a vendor meeting at 8:00 as it wasn�t that imp anyway & who know by 9:00 what is gonna happen. Slowly I could see more people coming into office. Each team is slowly gathering in groups & started whispering amongst themselves on what was going on. I could see tension & worry in almost every ones eyes.

    8:15Am: by now I have atleast 15 instant message conversations going on (used internally within office network) with all my friends in other depts. & other offices & every where it is the same commotion. The responses are one liner.. hey, this guy X is out. & responses were like oh no he was such great guy, so this ping pong of instant messages was constantly going across several employees & every minute we hear atleast 2 known persons out of the building. If I could put it in simple way, if I am chatting with some guys & suddenly if that guy stops responding, then it is imperative that he is no longer an employee & it is that bad.

    9:00Am: By now the things were moving more quickly & more rapidly & more people out of building. I don�t know what was the package offered while laying off & I wasn�t even interested to think about it. Every time any manager walks by me or my aisle , my heart stops for few seconds & thinking not me please. I could not take it anymore , it�s been two hours & not knowing if & when will your turn come is really killing. I called my wife & informed about whats going & told her that if I come to house today by noon or early than regular, then it�s over as I have to handover the office crackberry & I don�t carry my personal cell. Don�t know what my wife was going on since then. & she started calling me every 10 min checking to see if I answer.

    9Am-12 PM: This has been going on from past 5 hours & yes I was still not called & someone said that after 12, they are going to stop & it�s over. Every hour passing by I was getting relieved & looking at the watch constantly did not help but it was relief though to hear that it�s going to end at 12.
    PS: the above 3 hours felt like 3 years. It�s tough to put it in writing what I was going through inside during this period.

    12PM: Bit relieved & then the commotion stopped & I could see the managers are relieved. Then someone came by & floated another rumour that it is over for today & they are going to do another round tomorrow & I wanted to scream so loud @$^&(^$#%&*(*^^%&*()))_

    1PM: The remaining employees were called upon by their managers & informed that it is over & no more & not even tomorrow or day after . At least we know for few months for sure. What a relief. The first thing I called my wife & told her. For GC holders I don�t know how you guys felt when you received your GC, I felt at that moment I got my citizenship.


    The whole point of explaining my story in detail is this could happen to anyone, & may happen again to me. So prepare for the worst & prioritize the things which are most important, children health, education, money, parents, etc. Things may look rosy now but from what I have learned in past 9 years living here is �If becoming a millionaire from a slumdog is possible in usa then it is also possible that you can be slumdog from millionaire in no time� I can give you many examples but if you want to try it out yourself, then try to live in this country without car insurance & health insurance for one month.

    I got my priorities set now & believe me getting a GC has become my last priority & if you are curious on what was the priority before it was last but one because I had so many imp things to worry than GC. But at the same time I also want to say without a GC & not knowing when & if I will get it is always bothering me somewhere deep inside ( May be this is what I meant by do you have peace of mind?)

    I currently have script in progress & very soon I am planning to make a documentary on immigrant�s struggle in US .provided I have a continuous job & enough savings & funding and that day I will have a real �peace of mind�.

    And tomorrow the day starts again with a snooze ahwwwww�



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  • sajimm
    12-13 04:18 PM
    I'm getting confused on the date part after reading various posts.

    Is it mandatory to wait for 180 days after I140 to port your PD from an old I140 to a new I140(with a different company) ?

    To change jobs and continue the same GC process I believe one has to complete at-least 1180 days in I485 stage. However in this stage the new job title and responsibilities should be same

    I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer





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  • ksvreg
    04-09 11:32 AM
    That is the reason I mentioned before that we have to give heads up to employer's HR department about these scenarios and let them come up with correct wording for POEs questions. This could be new virus breakout and we need to find a cure or prevent it someway tactically until the strategy in place. Not sure I make much sense here. In a nutshell, we need to contact our HR and request them to anwer (HR has to answer like this: It is possible to hire citizen but can not be done immediately. Its a process and takes a while to do that and no guarantee that citizen can be found. Until that time business will be impacted badly.) POE officer in case if there are any such questions. Generic answer from HR misleads and misued at POE.



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  • user1205
    08-15 05:20 PM
    Well, I mean no offense to anybody but why is EB3 ROW so far back while EB2 India and China are as per June bulletin or better?
    I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!





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  • eager_immi
    07-24 07:09 AM
    A guy with visa #current in June, his check got encashed.Guys, check this thread out. sanjay is saying he got his checks cashed.


    http://immigrationvoice.org/forum/showthread.php?t=10994&highlight=cheque



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  • msgrewal81
    02-19 03:08 PM
    :D No more arguing by me :D





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  • senthil1
    01-09 02:05 PM
    In the consulting job there is no such thing called entry level. Generally consultant means he should be expert in that area.
    If anyone trying thro consulting companies(especially Indian bodyshoppers) they will make you 5 to 10 years of experienced candidate after 5 to 10 days of training. Clients will be charged 100 to 150 dollars per hour and consultants will be given 20 dollars per hour(no bench). Entry levels are mostly in companies like Intel.Microsoft and many other companies. It is very easy to find a company than a candidate. You can find by googling.

    Can you please share with me PM some of these companies as I am lookin for a h1b sponsorer for someone i know who has done masters here.... and is fresher... not that he wants to put fake.... he is ready to get a entry level salary and state that he graduated out of school and is a fresher..... just that he wants someone to do his h1b...



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  • harish
    04-23 08:06 PM
    Congratulations Googler!

    Hopefully we can still look forward to receiving updates from you in the future! :)





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  • BharatPremi
    09-19 11:03 AM
    we made them understand the difference between legal and illegal immigration.

    Are you kidding or Are you seriously quoting this? Do you understand that very people you "made understood" are part of law making process? How can you say that they do not have understanding of "legal" and "illegal" immigration. Man, they are making the laws.



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  • sammas
    07-12 04:01 PM
    F. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)

    The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the CIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On July 7th, CIS provided the required data to VO.

    The Department of State has determined the Family and Employment preference numerical limits for FY-2010 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2010 are as follows:

    Worldwide Family-Sponsored preference limit: 226,000
    Worldwide Employment-Based preference limit: 150,667

    Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2010 the per-country limit is 26,367. The dependent area annual limit is 2%, or 7,533.





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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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  • memyselfandus
    09-20 11:11 AM
    by the time I realised that I should have bought the .org domain; somebody already bought it... I am already forwarding the LegalImmigrationVoice.com clients to immigrationvoice.com

    Thank you. I believe that we should register legalimmigrationvoice.org (and not .com) as we are a non-profit organization.

    Can you please get that registered as well?





    optimystic
    03-18 08:35 PM
    Urgh.. Here come the red squares...Why do I even bother posting comments!





    sgorla
    01-16 01:39 PM
    Hello folks,
    I just signed up for $ 20 a month contribution to IV. I hope this helps to fight for our cause. I did talk to few people that I know who are in the same boat as we are, and hope they join IV and contribute.



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