Monday, July 4, 2011

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  • alterego
    10-07 01:40 PM
    Good one Caliber.

    I suppose that is one way to find peace here. Nothing else can explain the injustice!





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  • mariner5555
    01-15 06:29 AM
    I have sent the letters today to WH and IV.
    I have also sent group emails to my batchmates from my engg college asking them to join IV. I think everyone should do that - this will help IV to Increase its Memberships.
    I had one more suggestion too - (this has recd less support in the past).
    we need to put in a statement that many legals are not buying a house because of the uncertainity in the GC process. even the congressmen will be more patient with our cause when we mention housing.





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  • HumHongeKamiyab
    06-21 04:22 PM
    In my lawyers requirement list there is only approved I 140..

    At one post , I read this ???

    Can some one confirm if we need to attach the copy of labor certificate ?





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  • pappu
    08-07 03:52 PM
    First let me state that I need people like you to proceed and hence I will be happy to answer the points you rasied to the best of my ability:

    We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
    So some people (and I know around 10 of them) what they are doing is the following:
    They got the chance to file their 485 last July , which is pending. They are now contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...

    This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair to the people already in Eb2 line as well as the ones who do not know how to game the system

    By the way: If any one is interested, I know of three such consulting firms that can do for you for a fee.

    First: I appreciate that you have not lost your cool yet despite all the opposition and rude posts against you. Rollingflood on the other hand does not share those qualities with you well. We will not close the thread as long as the discussion remains civil.

    While I personally do not support the lawsuit idea because it divides the community in two parts and there are better ways to help the community. You can try to help positively for the greater good for everyone or run a negative campaign that will help some but hurt others who are also like you and are genuinely following the law. I also think it will be expensive and may not have a lifeline. As IV members we need to all work together to fix the system. This was the basis of founding IV. The aim was never to look after our own selfish interests and hurt others who are like us. We never discriminated between different EB categories or country of chargeability. The intent of our fight is not to deny others their greencards and get ours first, but to allow everyone get their greencards. The intent is to have the system be efficient and work the way it was intended. IV core team has never made action items or ask lists in campaigns to suit their own selfish needs.

    Now in this post you have raised a serious issue. If a fraud is going on, do collect evidence and file a complaint against it. If consulting companies are making money by gaming the system, drag those companies in your complaint. Help punish such people who are gaming the system. IV community will appreciate that.

    There is some wisdom needed here to draw a line between selfishness and working with honest intentions to clean up the system.



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  • ArunAntonio
    06-21 03:02 PM
    Canadian_Dream and jonty_11, thanks for helping out, I like this forum much better than a lot other forums I have visiting of late...
    and it is because of guys like you :D





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  • pranju
    06-15 11:42 AM
    Is it mandatory to submit Form G-28 ?


    G-28 is for lawyer if u r gettign the help of lawyer then yes , if yrelf then no ... but please confirm with others too - thanks



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  • WaldenPond
    01-02 02:45 PM
    Excellent suggestions & ideas Leo. You have summed up well where we are headed. The some of the arguments you mentioned above are really very good. We will definitely use them when talking to lawmakers. With regard to the problem with the attached file, I just sent you a private message.

    Thanks,
    -WP





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  • KanME
    01-08 11:47 AM
    I just contacted my senator's local office .working on the letters now .Thanks IV for coming up with this wonderful initiative..I hope our community gathers around and works together to make this a success , please put bickering and cynicism to rest for sometime and work pro actively on this new IV action item..



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  • justin150377
    07-09 09:37 PM
    Do you think the director just decided to forward the flowers? I am sure he must have called a Monday meeting to counter this. A suggestion during the meeting must have been to forward the flowers to the veterans.

    No they had to pass it through the senate first, the house debated on it and the President Veto'd it and as history shows the USCIS took things into their own hands and decided to forward the flowers anyway (with immigrant notes) to the hospital.





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  • english_august
    07-11 10:05 AM
    Please delete if it is duplicated. There seems to be two different news items in NYTimes.

    http://www.nytimes.com/2007/07/11/us/11visa.html?ref=us

    One is the story that Nina Bernstein did for NYT. The other one is Reuters story which was picked by hundreds of media organizations.



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  • sobers
    02-21 11:29 AM
    Looks good....just take out the part of H1B....that is not our cause!





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  • mhathi
    01-10 11:43 AM
    It is not popular to say so but I have this doubt too.
    Currently at least there is no requirement to notify and you only need to prove you still have a similar job OFFER (not necessarily working) if and when there is an RFE.

    Only good thing happened to us in last decade, as far as I can remember, is AC21 and concurrent filing.

    All these immigration laws are designed to keep us indebted/bonded to the employer. They might see this as a liberating provision and try to chain us back. This may or may not happen, but just my paranoid reaction,.

    Hope AC21 don't go away like labor substitution has. :(

    That is naive... AC21 is not an administrative decision of USCIS... It is a law... AC21 = American Competitiveness in the 21st Century act!! It was passed by congress and the only body that can revoke it is congress.

    USCIS cannot revoke AC21.. only congress can. Please dont be paranoid. The most USCIS can do is refuse to change their current stance on same/similar job.

    Gurus, correct me if I am wrong.



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  • gclife
    06-29 07:29 PM
    Did AILA screwed up the party of many july filers by sending this memo http://www.shusterman.com/pdf/aila-cis-vb.pdf to uscis which scared them and prompting them to come up with the legal proof revised bulletin causing this whole mess. Should AILA had waited until july , then we would probably have a strong legal ground to fight against the uscis ??





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  • lazycis
    10-18 01:27 PM
    I am not sure that even simple letters get thru. Neither Mr. Cannon nor Mr. Hooton responded to my letters. Mr. Cannon, however, responded to the inquiry sent from President's office. His reply was brief. Rest assured, he wrote, your name check will be completed before the next eon :)

    I am not able to attach part of the declaration describing NNCP and USCIS name check. It's a PDF file, about 600K. Are there any limitations on attachments?



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  • walking_dude
    01-11 04:19 PM
    1. Ball park figure is total of 218,000 visa wasted from previous years. How much of it will go to EBs (and others) will be based on how the recapture gets implemented. If we don't do anything and sit quiet, it may as well be ZERO. Nurses will walk away with the cake

    2. President can pass an 'Executive Order' to provide interim relief. So it should be possible. It'll depend on the independent interpretation of the law by the White House, and it won't be based on whatever you read elsewhere.



    1. How many unused visa numbers can be re-captured? Out of those re-captured, how many can be applied to EB categories? I know this is difficult to estimate this but if we believe that recapturing unused visas would help the retrogression issue, we ought to have some idea (in hundreds? thousands? more?) as to how many visa numbers can be re-captured and used towards EB categories.

    2. Does the President have the authority to implement an administrative relief in this matter, particularly to recapture the unused immigrant visas? Elsewhere I have read that only congress has the authority to do this.

    Please provide links/references or analysis to back up the claims.
    Thanks!

    Disclaimer: This is not to discourage anybody, rather just a healthy skepticism.





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  • drirshad
    10-25 02:11 AM
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  • optimystic
    03-26 02:57 PM
    I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.

    Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?

    May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!


    One can argue that an EAD guy has crossed such DOL directed verifications and legally aquired work permit. But a 'once approved 140' is not a gaurantee...right....it can get an RFE and rejected...Mostly for Employers ability to pay, but isn't it also for malpractice during PERM recruiting efforts...?

    My point being, an EAD guy is not 100% cleared of the potential fact that he could be displacing an US citizen. And that puts him under the purview of possible screening by an employer (trying or facading to trying to stick to DOL rules) and being compared to an available US citizen with equal qualifications....does it not? And by virtue of that, gives the employer to ask if a candidate is EAD or not...

    May be the policy of 'innocent until proven guilty' applies here and a work permit of an EAD guy to be treated legally as such and be not doubted. But I am digressing....





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  • polapragada
    09-10 10:11 AM
    I just gave a call to MICH Chirman office on 202-225-5126
    And urged for the support





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  • singhsa3
    08-06 08:35 PM
    Does not look like many takers but so far 50-50..





    priderock
    06-29 03:59 PM
    Oh's website is like a thanks giving store sale. Stores advertise super duper low prices for stuff and when you get there, they will just say that the item is sold out. They only keep handful in the inventory so the first few who camped out overnight will get it and rest will get frustration. The main idea is to bring people in the store so that they will buy other stuff where they are there.

    Oh also uses the same tactic. He just announces sensational news all the time so people keep visiting his web site and more often than not, he'll just go back and retract the statement. The idea is not to share news but to keep the traffic coming on his website and some might end up becoming his client.

    I say the trick works. Even though I know that not everything he says can be trusted, I still visit his website to see if he has any new rumor.


    May not be a rumor any more :(





    pravarupa
    07-16 01:18 AM
    Applying 485 through Spouse

    --------------------------------------------------------------------------

    My Priority date is Jan 2006, EB2-India category having approved I-140. My husband is in EB3-India having pd Jan'2004, already applied I-485 (140 is approved) and got his EAD and AP. He is already using his EAD. I am a dependent in his I-485 but did not use my EAD and still continuing on H1-B.


    Since my case is EB2-India which is going to be current in August'2008. Am I eligible to apply for I-485 me being the primary and my husband being my dependent? If so would there be any problem when USCIS adjudicates my case?

    Your valuable response is highly appreciated.



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