Wednesday, June 29, 2011

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  • sri1309
    09-14 05:03 PM
    My colleagues and friends are sending e-mails to Judiciary committee members. I am preparing draft for this mail. I am going to divide this mail into sections. One section describing what H.R. 5882 is (recapture, justice against discriminatory treatment based on country of birth, USCIS efficiency) and another sections would describe what it is not (not amnesty, not an increase in numbers). I want a link to the testimony given by USCIS director in congress confirming the wastage of green cards. Can someone quickly direct me to that link?

    I just got about 50 posters double the size of our regular 8x11 that have the Americal flag background. I will be putting some simple messages to support 5882 to consider immiedate recapture of visas. Also clearly asking to support EB2 AND EB3 INdia. And that we are unable to buy houses cos of this limbo.
    In your messages, please suggest atleast one reason how we help the country, apart from our regular x,y,z qualifications. I will be saying It helps fixing housing crisis.

    Thanks,
    Sri.





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  • anura
    04-07 08:38 AM
    This prediction business is done just to derive satisfaction of doing something towards a goal. This is especially true when one can do very little to get to that goal and it all depends on many other factors. Yet predicting the PD is not a bad endeavor by itself. That being said, predicting PD is not an easy math without knowing the PD of the last pending application in a category with the CIS and many other numbers. If I am right, I believe even the DoS and CIS have trouble with it.

    This what one Mr. Oppenheim says, "This situation will allow me to advance the India EB-2 cut-off date for May". That is it. So the PD will move in May unlike in the past when it moved in June/July/August in a FY. My understanding at this point is that there is no way to predict what will happen to the PD in May VB. THere are just not enough precise numbers available to do that. The May VB may come on 8th April and the numbers that are accounted for in it might be as close as 1st April'11. We do not have that number with us.





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  • kaisersose
    03-26 02:07 PM
    This is plain stupidity. These employers should first take a good look at an EAD and a GC. As for as work authorization is concerned, both these cards provide us with the same rights. The EAD says �The person identified is authorized to work in the US for the validity of this card� where as the GC says �The person identified by the card is authorized to work and remain in the US�.

    So why does the legal department come into picture here? Is it because of the expiry date associated with EAD�s? If that�s the case even a GC has got an expiration date (a later date maybe). Does that mean that an additional budget is required to hire GC holders?

    I was thinking exactly like you until she educated me on this yesterday.

    The problem with the EAD is you are invoking AC21. There are several possible problems here including

    1. Complying with AC21 requirements of job code, 180 days after 485 RD, etc.

    2. Invoking AC21 without 140 approval. This is not against the law, but is risky in case of a 140 RFE.

    There are more reasons, but these ought to provide enough clarity on the problem. It is in the employer's interest to ensure that the candidate does not have any such issues; issues which will lead to termination of employment. The Recruiter cannot check DOL job codes and USCIS documents. That is the job of Legal which means $$$.

    So if the hiring manager does not have a budget for these extra costs or if he has an equally good candidate who is a GC holder or a citizen, it is easier to go with him or her.





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  • chanduv23
    11-17 02:20 PM
    I don't have H1 backup and already in 8th year. I am on self employment, But my lawyer suggested to apply H1extension (through my company) as a backup if MTR denied. If MTR are successful they I don't have to go on through H1 hassle again..

    The glitch is - once you have started using EAD and you apply for h1 - you have to get it stamped before you can use it ie your h1 approval comes without a i 94 extension - the costs towards going out - getting visa appointment , stamping etc.... are to be considered, and remember stamping in Canada and Mexico is not easy these days.



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  • nojoke
    09-26 07:17 PM
    How is giving tax break to the business helping us in the time of recession? If your company is not selling products, it will hire more to do what? The tax cut will simply go to executives and there will be layoffs. Trickle down economy is a scam.
    Did you compare Obama's tax plan with McCain's. Go to CNN and you will that you will get more from Obama than from McCain's tax cut. How is universal health care bad? There are 50million without healthcare here. Soon your company will say that it cannot pay your healthcare plans because it is getting costly. The middle men(insurance companies) maybe eating more of your money than the actual health care costs. The long lines are due to less available doctors, not because of universal healthcare.
    "A Commonwealth Fund study of six highly industrialized countries, the U.S., and five nations with national health systems, Britain, Germany, Australia, New Zealand, and Canada, found waiting times were worse in the U.S. than in all the other countries except Canada. And, most of the Canadian data so widely reported by the U.S. media is out of date, and misleading, according to PNHP and CNA/NNOC."





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  • man-woman-and-gc
    01-13 11:53 AM
    I sent a hand written letter to the President and CC'd it to CA IV PO BOX. and I feel a lot better after writing it.

    I have also sent a personalized hand written letter to the local Congressman. I will set up a meeting once I get a positive response or in the next few weeks, whichever is earlier.

    Parijat



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  • nkavjs
    09-25 12:33 PM
    To send the inquiry thru your congressmen and Senators, you need your A numbers and SSNs too, along with your country of origin, DOB, profession, employer and all nine yards. This is a official faxed or mailed request which shd have date, sign and marked to your congressmen's office. Part of Federal privacy rule.
    I was told this by my congressman's office this morning





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  • nixstor
    06-29 04:44 PM
    what makes you think they cant blame USCIS statistics for this? USCIS gave us wrong stats, we made it current, then they said that no, they have enough visa numbers.


    I have not thought so. I guess that was your assumption on my post. As I said, it can very well happen, but I doubt it on the first day.


    its not written into law that they cant update it mid-month. They are allowed by law to update it whenever they want.

    Thanks for the info. As I understand, its not written into law. But if they really do it on the first day of the month, Its the best avenue for a class action law suit on both DOS & USCIS. It shows their negligence and incompetence to produce a VB that gets revised on day one. All the money spent by applicants, time spent by lawyers will definitely result in a pretty good number of people forming an alliance for a class action law suit.



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  • chanduv23
    06-12 12:18 PM
    I support you L1Fraud.

    Guys: This has become a major problem at every place. If we do not take any action, every one of us will be replaced by these BIG outsource companies with L1 and B1.

    I already reported this to ICE about violations of CTS which has placed their L1's at client's place for the past 2 years. And still they have several people.

    You may not believe their pay. I do not want to put a number here and it will be a shame on CTS for misusing L1. They replaced 18 American Workers at my client's pace. Whatever you guys might think, this is a FRAUD.

    As you are a very active IV member and helped with so many campaigns. I would request you to take an additional step towards resolving such issues.

    (1) Voilating the law is not right and we must all be against it
    (2) If you are concerned about L1 fraud - please make a case by writing a detailed document.
    (3) Gather people who think their job is at threat because of FRAUD and form a group
    (4) Talk to lawyer and seek opinion
    (5) Understand the process and collectively report to appropriate authorities to take action
    (6) Talk to your law makers
    (7) Run a strong campaign on IV- gather support from other organizations etc..
    (8) Keep everything open - like posting everything on forums and nothing to hide.

    THE OP SEEMS TO BE AN ANTI IMMIGRANT. HE/SHE HAS NOT REVEALED THE IDENTITY AND MAY NOT BE HELPFUL - HE/SHE IS TRYING TO STIR UP SUCH DISCUSSIONS WITH SOME AGENDA WHICH WE DO NOT KNOW.

    IF THE OP IS GENUINE AND SERIOUS HE/SHE MUST REVEAL IDENTITY AND HONESTLY WORK WITH THE ORGANIZATION AND UTILIZE THE RESOURCES AND HELP THE GOVT IN WORKING TO PUT THINGS IN PERSPECTIVE.





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  • ski_dude12
    09-19 10:33 AM
    I received a similar response to the 2nd SR. I was told that my case was under additional review and to allow them 60 days. However, my wife's case had been assigned to an officer for review.

    Did you send an email to TSC.Ncscfollowup@dhs.gov (for TSC - another email for NSC). I had no clue where my application was when even 2006 cases were getting approved. I am seeing some movement after emailing them.


    Gurus,

    I received a SR reply in mail that my case is under additional review . MY pd is sep 05 and i am so frustrated. They also asked to check back after 4 - 9 months. Is there any body in that situation and what else can be done .. please advice..

    Thanks



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  • pitha
    09-24 07:40 PM
    To Add to what you have said, I would say getting EB2 approval is almost impossible because not only is DOL cracking down on EB2 perms because of bad economy, DOL also knows that people are trying to reapply in Eb2 to jump ahead and they are stopping that practise.

    The following information is asked in the first field of ETA form 9089.

    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"

    With the above information from form 9089 DOL knows the people who are trying to jump ahead by interfiling. Thats an almost gaurenteed audit. The attorneys already know this and this is the reason why many companies are not entretaining filing any EB2 perm. If anybody is lucky they might find a company willing to file eb3 perm after 6 months but no company wants to file Eb2 perm. interfiling \porting from eb3 to eb2 is a pipe dream, people cant even get eb3 approvals or alteast companies willing to file eb3 perm.


    "interfiling" to use old EB3 PD for new EB2 is not the easiest path for EB3-I guys specially if they have used AC21 and work on EAD now ( Most of us are in this category). Priority date porting is not an issue, USCIS does not have a problem with that. The problem is with "Job definition and level". While one use AC21 claims job position matching EB3 job classification and if there no enough progression gap between AC21 usage and "inerfiling" It becomes hard for a lawyer to convince USCIS that fellow is matching EB2 capability under same job classification. Hundred of such intefilings are waiting without no action from USCIS. My lawyer's advice wait till we logically can establish the skill progression, in other words minimum 3 years of wait from the day AC21 usage. And other important thing is "real promotion" in position should happen at employment and this whole explanation is based on assumption of employment at the same employer. If you change employment inbetween after AC21 usage and before interfiling , your 3 years wait cycle starts from new emploment date. I have not filed "interfiling" just because of these reasons and waiting for correct time to do that. In other words Eb3-I is really and badly screwed.





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  • legal_la
    06-29 07:19 PM
    My stupid big law firm delayed filing until monday this week. With all this hoopla.. Any ideas or rumors floating around about ppl who did not get reciept yet.

    No rumors for June until now, you should be perfectly fine.



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  • logiclife
    06-15 12:32 PM
    Do you have a question, comment, or give info about a previous post.
    I don't mind, you just copied my post from another thread (minus the links).

    What are you tryiing to say?
    His point is to keep documents ready in case you can replace the ones sent by your lawyer (paralegal really does that) whcih is often rife with errors.

    Plus its easier to spot errors in your lawyer's work if you have correctly filled forms to compare them with.





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  • newtoearth
    06-16 03:33 PM
    They should
    1. not be based on client location (only visit and communicate), must work from sponser's worksite.
    2. not be managed by client. Must be managed by sponser.

    http://www.uscis.gov/files/pressrelease/LVisa_12_9_2004.pdf

    if the work will be controlled and supervised by a different employer

    READ again

    L1B's work will be controlled by the same employer related manager not by client manager. Client manager's are just facilitators there!

    Also please note that there is a difference between
    L1B - Blanket and L1B - Individual



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  • apnair2002
    01-24 06:03 PM
    01/24/2006: Senate May Table Comprehensive Immigration Reform Bills As Early As February 2, Thursday

    Unconfirmed sources indicate that the Senate may table this bill earlier than expected. Since there is the nightmarish Sensenbrenner border protection bill that will come up with the comprehensive immigration reform legislation, it appears that the pro-immigration forces may have to energize their forces and start working on the critical immigration legislation.

    courtesy: www.immigration-law.com
    01/24/2006: AILA Reports Push-Back of Senate Comprehensive Immigration Reform Debate Schedules

    AILA reported last week that the Senate Judiciary Committee could start immigration reform debates as early as February 2, but now it reports that the Senate Committee action on immigration legislation may be pushed back until later in February or perhaps into March.





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  • raj2007
    06-21 01:55 AM
    Endlessloop wrote:



    Everybody here is on common grounds. We are all in this forum to help each other with only one objective: to obtain our green cards. There is no need to make assumptions to make each other feel bad. With all we have to go through with the retrogressions and whatever comes with it, this is the last thing we need. AND...No, sorry to disappoint you but I am not in the country illegally and I don't intend to commit fraud... is that clear?????????

    When I filed my I-485, the letter/job offer of my employer stated that the job will be open for me as soon as I get my green card. So when I get my EAD in 3 months, what am I going to do with it if I will not be working for my employer yet.

    Yes you can work on EAD but join the employer after getting GC. He should support you if you get any RFC that he still intends to hire you.



    so ... will this answer my question?
    :)



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  • atul555
    04-24 02:05 PM
    The Durbin-Grassley bill would, among other things:
    � Prohibit the blatantly discriminatory practice of "H-1B only" ads and prohibit employers from hiring additional H-1B and L-1 guest-workers if more than 50 percent of their employees are H-1B and L-1 visa holders.

    I wonder how much research these two amigos did on Monster and dice. Here's the link if these two are reading
    http://seeker.dice.com/jobsearch/servlet/JobSearch?op=300&N=0&Hf=0&NUM_PER_PAGE=30&Ntk=JobSearchRanking&Ntx=mode+matchall&AREA_CODES=&AC_COUNTRY=1525&QUICK=1&ZIPCODE=&RADIUS=64.37376&ZC_COUNTRY=0&COUNTRY=1525&STAT_PROV=0&METRO_AREA=33.78715899%2C-84.39164034&TRAVEL=0&TAXTERM=0&SORTSPEC=0&FRMT=0&DAYSBACK=30&LOCATION_OPTION=2&FREE_TEXT=h1b&WHERE=

    Please click on the ads and see if the ads come up with H1B only or they say 'No H1Bs', which I guess is an acceptable form of discrimination for these two.
    Last I checked I was hard pressed to find a single job which were open enough for H1B's, let alone exclusively for H1B's, but almost all of the openings explicitly barred H1B visa holders.





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  • spdy_mn
    06-29 04:27 PM
    How about, they are expecting so many application 140 plus 485...that THEY DO NOT WANT TO PROCESS ANY APPLICATION...like always - THEY WILL SIT and EAT BURGERS and dont WANT TO DO ANY WORK...nothing new here folks...


    I understand your frustration, but easy there Jonty. To blindly accuse of someone of not doing their work is not good. Again I understand the frustration but we need to go easy on the criticisim.





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  • bindas74
    06-16 01:02 PM
    No one can travel on EAD. EAD is for employment authorization. AP is for travel. You cant mix and match the purpose of them.

    If you dont need to travel or if you have a valid H1 stamp for travel, dont file for AP. If you want to travel and if your stamp has expired and dont want to apply for new stamp, then file for AP.

    If you want to work for your employer and continue there and if you are sure of your job security, then you dont need EAD, and dont apply for EAD. However its a good idea since EAD is a great option of you are suddenly fired or laid off. EAD makes it easy to search for jobs coz the employer doesnt have to file your H1 and you can join them immediately without any hassles.

    Hi Logiclife,

    Can you please provide me insight on my question?

    My company filed for my I485. i didnt file the EAD / AP at that time. I have a valid H1B stamped for multiple entry till 2010.
    So, as per your post, I can apply just for EAD, right? That is if I want to switch jobs after 180 days using AC21 and if I start using my EAD, can I go out and come back with my valid H1B stamping? Or do I need to have the AP since I have started using my EAD??
    Similarly, can my wife use her H4B even after she starts using the EAD instead of AP when she travels??

    Any help is greatly appreciated.
    -Thanks





    anura
    04-07 11:05 AM
    And then people will argue about how many arms does an octopus have :D

    We have sufficient data to predict that.... more or less. Cheers.





    man-woman-and-gc
    01-13 11:53 AM
    I sent a hand written letter to the President and CC'd it to CA IV PO BOX. and I feel a lot better after writing it.

    I have also sent a personalized hand written letter to the local Congressman. I will set up a meeting once I get a positive response or in the next few weeks, whichever is earlier.

    Parijat



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