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  • bobzibub
    04-04 10:14 AM
    As a Canuck:
    It is an honor that you folks choose my country to live in.
    Temporarily, or permanent, I hope it works out.
    Every country has its warts. (Mine has them too) but the immigrants to a country are what give it life.

    For the Doctors, check out some rural areas various provinces. I think they have programs that ease the regulatory burden.

    Welcome!
    -b





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  • yabadaba
    07-04 08:52 AM
    I am writing to you to ask for your support is covering one of the news item that seems to have been buried because the people impacted are Americans of the future and are not a vocal constituency.

    Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.

    On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other non-recoverable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.


    In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.

    A COMPLETE REVERSAL OF THEIR EARLIER POLICY THAT HAS 50 YEARS OF PRECEDENT.

    During the immigration debate you covered groups like NumbersUSA that have restrictionist agenda. The rallying cry for all anti immigrants was for people to come legally. We have come here legally but are mired in the bureaucratic road block because no one from the 4th estate holds their feet to the fire.

    Currently, Congresswoman Zoe Lofgren has asked Secretary Rice and Secretary Chertoff for answers. A number of lawyers have claimed this is tantamount to a scandal at USCIS since they have not followed the law. American Immigration Lawyers Association is in the process of filing a class action lawsuit.

    The media is the only voice for us to reach the law makers and the American public. During the comprehensive immigration reform we kept hearing that we need to have a national debate on immigration. We are here. We are suffering. We are waiting. Would not a debate on legal immigrants we a good place to start?

    Links for your research
    http://www.nytimes.com/2007/07/04/us/04visas.html
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
    http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html
    http://www.usimmlaw.com/current_information.htm
    http://www.immigrationvoice.com

    Thanks

    Regards

    yabadaba





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  • sledge_hammer
    01-14 02:29 PM
    They are implying that those who are currently working for body shops are to find an employer that would offer their definition of employer-employee relationship. But you are still with the body shop, then your extnesion will be denied!

    Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

    A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis.

    Q: What if I am filing a petition requesting a �Change of Employer� and an extension of stay for the beneficiary�s H-1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?

    A: No. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.
    USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)





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  • JazzByTheBay
    07-11 08:19 PM
    Have heard good things about Maple Intl. We filed on our own without any agencies. It's not terribly complicated, and certainly not the nightmare that getting a US permanent residence is with its 3-step process of LCA, I-140 petition for immigrant worker and I-485 AOS (or CP).

    At times I wonder why they continue with this terribly complicated process in the U.S. - it clearly isn't working, but as long as it keeps the hordes of DoL and USCIS folks employed, I guess it serves its purpose.

    jazz

    Maple International is very good if you are in the west



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  • Pineapple
    12-14 05:45 PM
    Read my previous post explaining how things would work without country limits.
    All you need to do is recall basic probability theory from school. No country quotas is the only fair way to go, as it would give any individual a fair go, regardless of nationality. I thought this premise was self evident.. but evidently, I'm wrong, and there is some explanation to do.

    I hope explaining the facts and reasoning helps, and the feeling that "country quotas protect smaller countries" has nothing to do with the old saying:

    "When you rob Peter to pay Paul, you can always rely on support from Paul"
    :rolleyes:

    We are all in this together, guys... As per the original intent of the thread, we were supposed to discuss whether the 7 % quota is constitutional. That discussion is not yet settled.

    The main point is, based on current caps and quotas, all of us are stuck.

    One way or another, we need to (A) raise number of EB visas, and (B) Eliminate quotas which distort the market and give unfair advantage to one nationality over another.

    --What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?


    Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

    What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?





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  • user_1980
    09-21 12:19 AM
    I'm about to transfer my H1. I have recent paystubs - Problem is that Paystub shows gap between pay date and pay period (around 7 weeks from pay period)..And, yeah I was in status all the time.

    will this paystub cause any problem while transfering H1-B to another employer?

    Please advice.

    Thanks,



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  • sidbee
    06-02 03:44 PM
    Why is it absurd to change the country quota? What is the use of the country quota..is it necessary for diversity? The primary basis by which a person qualifies for employment based GC is through his academic qualifications and work experience....how is deciding how many GCs you would give based on country of birth relevant in this case. What is the basis of such a rule unless you want to limit the no. of people coming from countries which produce large no. of qualified, educated people. How is this fair considering that India and China produce at least 10 times more college graduates than most other countries in the world other than the USA.

    If promoting diversity was the cause, there's already a diversity GC process and people from India, China and some other countries are not eligible to apply in those categories.
    If limiting people from certain ethinic backgrounds based on current population of USA is a criterion - lets get this fact straight - Indian americans are less than 0.4% of US population there are far more people of vietnamese, philipino and few other southeast asian origin in the USA. In fact if limiting people of certain ethnic background from becoming larger part of the population and maintaining racial diversity had been a criterion, people of Irish, Polish, British, German (or most EU countries) shouldn't be allowed to immigrate to US at all since people of those heritage already form large % of the population. Yet, any similarly qualified person from these countries can get a EB GC in a year or two now while an Indian has to wait 8 - 10 years.

    I am quite sure a skilled civil rights lawyer can prove the current situation against Indians in EB category as case of discrimation based on country of birth, since the stated goal of the EB category is immigration based on skills and academic qualifications.

    I am the one , who proposed this idea, and people tend to disagree.
    I am again saying , the only solution is a lawsuit.





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  • fide_champ
    08-17 10:27 AM
    This is a country of law. If your name is flagged by any reason, no matter who you are, you are going to send for secondary investigation. There are thousands of peoples pulled for secondary investigation everyday. Are they all Khan? SRK, you lost your credibility on this issue.
    In 2002, then President Bush's two teenager twin daughters were charged for producing fake ID to buy beer in the Texas bar. Instead of supporting daughter, President apologize.
    In Baltimore, where I live, charged Micheal Phelps (winner of 8 gold medals in last Olympic) for having accident with expired Driving License.
    When India will come out of "Celebrity worship"?

    Does president OBAMA come through US port-of-entry and all the security checks when he lands on US from a trip abroad? or does he land directly in white house? Don't tell me the US officials don't make exceptions. Only the degree to which they do differs from country to country.



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  • rpat1968
    07-04 10:34 AM
    Lets start contacting DOS about the un timely VISA Bulletin update that has caused so much of Injustice to all of us :

    Here is the Link :

    http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=6F7NSLFi&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTEmcF9wcm9kcz0mcF9jYXRzPSZwX3B2PSZwX2N 2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJnBfc GFnZT0x

    We should send out personal stories about the waste of time, money and persoanl agony caused due to the updated visa Bulletin.





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  • dixie
    02-13 01:01 AM
    I thought the alien must be present on a dual intent non-immigrant visa to be eligible for AOS (I-485). I don't think people on F1/F4, B1/B2 are eligible to file for AOS while in the US. Consular Processing may be a different story.The H,L and O NIVs are the only ones that I know have dual intent.


    They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.



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  • Beemar
    03-28 01:38 AM
    Yeh shadi nahin ho sakti!!!

    widower zardari will be marrying kumari mayawati just after election to unite subcontinent and bring peace to world.





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  • Openarms
    08-17 03:49 PM
    Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.

    While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"


    WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....

    To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following

    (1) People may get more demanding
    (2) They may fight among themselves
    (3) Some might steal from you
    (4) Some might get into unethical activities
    (5) Some might disrespect you and step over you
    (6) They may show more respect to those who did not care for them and curse you for some silly reason.

    You might find some good people who really do what you intend them to do.

    Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.

    Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.

    --- Do these things or ASK our SRK/Politicians/Business Tycoons to do -----
    When I say education, you can not just isolate it from mother tree. It is root of the tree... all the branches grow from there...

    Like you said give education for those 30 children born from today and come back after 20 years.. see how their lives would be different for better then those 30 unfortunate children who are unable to have education.


    Give education for an entire generation of kids for 20 years....and let them figure out their problems...don't just feed them, don't just build homes for them...don't need to solve the problems for them.. let them figure out... that is what going on in USA.

    You can not tie INDIA and USA together.... all you are doing is comparing apples to oranges... don't do that...India needs to learn sooooo many things from countries like USA... not comparing to them.



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  • snaidu
    05-10 10:27 AM
    I see a lot of people discussing about Canada.

    Any inputs about Australia and life down under?

    Thanks





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  • GCwaitforever
    01-23 05:34 PM
    If there is a need for companies to save money by going for substituted labor, then maybe the DOL and USCIS should work out to make the priority date of substitution case same as the 140 date and not the labor filing date.

    I am not sure of validity of substitution labor at all. When the original labor petition was applied, they could not find suitable candidates and hence they had to approve the labor. Fine. What about at the time of labor substitution? They ought to check the labor market again for a suitable candidate and only after confirming that there are not any candidates, the substitution labor should be approved with priority date of the substitution labor filing, not the original priority date. This will make labor substitution difficult for Desi companies and keeps it fair for everybody - immigrants, local candidates.



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  • rahulpaper
    06-26 08:33 PM
    Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)


    Please Please Please ask the lawyer you are working with.....





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  • amsgc
    07-26 04:48 PM
    From what I remember, Ron Hira had done the math and found that only 0.03% of those H-1B visa applicants get sponsored for the GC by the Indian Offshore companies.

    But, we still have a tremendous backlog in 2004, plus labor subs, plus EB3 moving over to EB2. According to , there are still hundreds of people waiting with PD before June 2004.

    Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
    Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.

    AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .

    One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.



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  • kumarc123
    07-23 01:38 PM
    According to my analysis based on recipted/pending I-485 they processed some 80-90K (estimated range) EB I-485 applications which 57/65% of 140k by April 2008.

    May month usage was very low, i feel June/July not to bump too much so another 20k cases. We should still have FB rollover from 07 (31K) + another 10k visa in the pool for Aug/Sept visa.

    I agree, I read all the posts and went through some figures myself, the indication is that dates for EB2 will move much faster that we had all anticipated in the past. I do somewhere agree with my friend vldrao that dates could retrogress for a small period of time (say 1 month), but eventually dates will become current soon.


    Thanks:)





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  • Imm_Exploited
    07-25 12:26 AM
    cal_dood & meekdesi


    Which country do you guys belong to and why are you here?

    Appreciate your honest and decent response. Thanks





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  • lazycis
    02-13 08:46 AM
    Does any one on this forum happen to know an approximate dollar amount that would cost for if we (IV team) is planning to proceed further with this class action law suite on USCIS?? the reason I am asking for is if we have known dollar amount/target amount in hand it makes it easy for all to start contributing towards this target amount and proceed further with law suite.

    I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...

    Yes, I totally support this class action suite and also willing to support as mush as I can financially....

    I think the good start is to consult with Rajiv Khanna. He has an experience in class-actions/federal litigation and will tell whether it is feasible to go this way. It will cost $600 (approximately). To file a class-action complaint will cost around $10k. The rest depends on the lenght of the proceedings, but my estimate is another 20-30k. Peanuts comparing to lobbying :) IV may not want to go this way, as Mark Bartosik once explained, it may hurt its other efforts. If that's the case, potential plaintiffs can work with lawyers directly.





    kumjay
    06-27 01:04 PM
    I would love to ask Lou Dobbs the same question!!

    Three facts, followed by one interpretation.

    First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.

    Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.

    Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.

    My interpretation:
    The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)





    samay
    07-28 04:32 PM
    Hello,

    I have filled I-140 in last week of March 2008. My priority date(the day I file labor) is 15-Sep-2007. My labor got approved.

    My I-140 is under EB2 India.

    Today I checked status of my I-140 on https://egov.uscis.gov/cris/caseStatusSearchDisplay.do

    It says :

    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

    On July 25, 2008, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.

    How much serious this is?? it says "REQUEST FOR INITIAL EVIDENCE SENT"

    I am waiting for RFI/RFE details as USCIS mailed it on July, 25 2008.

    Is there any difference between "REQUEST FOR INITIAL EVIDENCE SENT" and "REQUEST FOR EVIDENCE(ADDITIONAL)"?

    Is this means that they are processing my case?? Once I will give response to this RFE & they find everything fine than they will approve it(Hopefully) !!!!!!!

    I will really appreciate your response.

    Please reply me ASAP.

    Thanks.

    Relax and send all the documents requested by the USCIS. They might ask you for additional documents later based on what they receive from you or may approve your case.



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