Tuesday, June 14, 2011

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  • wikipedia_fan
    06-01 10:15 PM
    Congrats! I know how relieved you must be feeling.

    If you dont mind my asking, did you work at all during these 6 weeks?

    Yes, because a motion "if approved" will set your status back to authorized retroactively





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  • ramus
    07-10 09:56 PM
    why would they spend time in entering the data in the system if any way they going to reject it...


    As per our lawyers, right now USCIS is in the process of entering our applications in their system (for date of receipt and such). There was a memo from USCIS saying that they will be done with the job of data entry by August 1.

    From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.

    Flowers to Condi; any body?

    Cheers,
    h1techSlave





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  • chicago60607
    09-17 11:19 AM
    Members are slowly but steadily getting seated .... my guess is that in about 15 minutes it should start





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  • sledge_hammer
    01-31 09:46 AM
    - from immigration-law.com

    After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
    The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.


    1. I was wondering how this rule would affect people like me. My labor has been approved and its been about 50 days. I will be applying for I-140 this week. Will this 45-day rule affect me?

    2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.



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  • 485_spouse
    11-14 09:55 AM
    worldnetdaily.com (http://worldnetdaily.com/news/article.asp?ARTICLE_ID=52944)
    INVASION USA
    GOP senator: Filibuster guest-worker program
    Arizona's Kyl believes there might be enough votes to block legislation

    A filibuster by Republicans is in order if President Bush presses forward in the new Congress with legislation to establish a guest-worker program with a path to citizenship, says Sen. Jon Kyl, R-Ariz.

    Kyl, however, speaking yesterday to nationally syndicated radio host Laura Ingraham, said he was uncertain whether or not Republicans would have the 40 votes necessary to block the legislation.

    "I would certainly hope that the majority of Republicans in the Senate would not be complicit in passing legislation that is not wise, that for example, would put everybody on a path to citizenship and say that temporary workers get to get U.S. citizenship, and so on," Kyl said, according to HotAir.com
    In January, Democrats will have a 51-49 majority over Republicans in the Senate. A supermajority of 61 votes would be needed to prevent a filibuster.

    "I would certainly hope that we would have the 40 votes to be able to stop [the legislation], but, I don't know, we're going to have to wait and see; it'll be very close," said Kyl, who won re-election to another six-year term last week.

    Arguing for the guest-worker program, the Bush administration has insisted it's not practical to deport the millions of foreigners who are in the country illegally.

    "The cost of identifying all of those people and sending them back would be stupendous. It would be billions and billions of dollars," Homeland Security Secretary Michael Chertoff said in an interview last year.

    "One of the reasons I think that we've been focusing on the idea of a temporary worker program as part of a larger strategy for border security is because it would be a way to siphon off people who really want to do nothing more than work here, put them into a regulated program � we would know who they are � we would then be able to send them back at the end of a period of three years or six years," he told Sean Hannity on the Fox News Channel program "Hannity & Colmes."

    "They would have made some money, they could take it back home, and then we could focus our other resources on the people that don't want to do it the right way, and we could get those people sent out."

    Last May, just 36 senators � three of them Democrats � voted against a bill that included a guest-worker program. The Senate was unable to work out a comprise before the Nov. 7 midterm elections with the House, which passed legislation rebuffing Bush's desire for foreign workers to gain legal employment.

    Last summer, Rep. Mike Pence, R-Ind., announced a compromise plan called the "No Amnesty Reform Act," which would require all illegal aliens to leave the United States and apply at "Ellis Island Centers," operated by private companies in Mexico under a license from the U. S. government. They would then obtain a "Good Neighbor Safe Visa" qualifying them to re-enter the U.S. as "guest workers."

    As But members of a group called the Secure Borders Coalition have opposed Pence's proposal, labeling it "amnesty lite." The group argues the plan would provide for the "wholesale importation of aliens and a path to citizenship for them."

    Minuteman Project founder Jim Gilchrist told WND in August he believed the result of the Pence plan would be to flood the U.S. with millions more illegal immigrants.

    "Probably within hours of the Ellis Island Centers opening, counterfeit copies of the required documentation to re-enter the U.S. will be available on the streets of Los Angeles and dozens of other U.S. cities," he said.





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  • arunmohan
    06-12 01:44 PM
    Is IV interested in doing a Freedom Of Information Act request to USCIS how and when they used up all visa numbers for EB3-India. That might show some information if they cooked the numbers if at all. We might get some more insight which monthly VISA bulletin does NOT give.

    Yes I do agree with you. This is a most affected category. As an organization IV can request from USCIS and individually we cannot ask.


    All EB3-India filers:

    Please come and join this thread and give your opinion.



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  • mirage
    10-07 07:43 PM
    Did you guys paid attention to this, when Inflation rose to 13% Indian Finance Minister said it is because Oil is at $160 a barrel, but now as Oil has come down, Inflation has come down worldwide Inflation is still above 12% in India. also, when Stock markets were at 22K Indian FM minister used to give Interviews every day it is because of great policies of UPA govt. Now Sensex has slashed 40%, Finance Mn. has suddenly dissapeared. Did you guys also heard him saying 'Indian economy is insulated from ongoing US crisis'. I doubt if there is a bigger liar in Indian govt. than the finance minister he's beaten Laloo, amar singh types...





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  • Leo07
    12-03 12:54 PM
    I know you are a comitted member...you might even stick to the forum for long.

    "How do you know what I care about and not?"...I don't. That was an example to drive the point in general 99% of the flock leave the forum as soon as soon as they get the GC. That 25000 members might also..include them.(I'm gradually digressing from my own post:))

    How do you suggest IV 'forum' improves the Signal-to-Noise ratio?

    Right now it's too noisy and is driving away determined members (http://immigrationvoice.org/forum/showthread.php?p=199027#post199027)!

    How do you know what I care about and not? I can give some famous examples of GC holders working for IV - Aman Kapoor founder member, Tamsen Mitchell (franklin) leader of South California chapter, and many more.

    I may remain active if I feel the cause is worth spending my time, money and effort. Right now, a crowd of 25,000 tracking receipts and discussing mundane issues doesn't give me the confidence to say so. I have better things in life to fight for than a lost cause where the victims (most of them) wait for others to fight for them !



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  • walking_dude
    11-19 12:09 PM
    Macaca,

    Thanks for the suggested "Addendum". A para on it, included in the letter (edited)

    Thanks





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  • kerstbrd
    07-18 02:02 PM
    Its not my fault that someone from Europe doesnt want to come here and not so many from Africa or south america qualify for the EB visas.

    As one of the 'not so many from south america that qualify for the EB visa', this comment just further draws me away from this forum.
    Do you really think the 10k or so wasted visas will honestly make a dent in the demand? I highly doubt that the wasted visas are caused by ROW not applying or 'qualifying' because last time I checked there was still retrogression.



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  • apple
    06-11 03:16 AM
    Hi Gurus,

    I need an advice from you.

    The situation:
    -- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)

    -- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.

    So what are my options now?

    1. Check with attorney and start defending..?
    2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
    3. What about my GC?

    Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..

    Thx,
    PD is Nov 2006.





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  • diptam
    07-11 01:18 PM
    If they keep the ON HOLD status for more than 45 days... That event is again a potential lawsuit material.... Because they are changing a Long standing practice which requires lawmaking ( ref: Rajiv Khanna's quote)

    Regd AILA lawsuit i believe they are deliberately delaying so that USCIS change the Bulletin to C on its own ( from the fear of lawsuit). On the other hand USCIS is not doing that because they knows this weakness of AILA and trying to keep things stretching so that when OCT arrives this whole move will get weakened .... As soon as new bulletin with some availability comes out peoples will start losing motivation ...

    I strongly believe that AILA and USCIS are cousins with the same last name. I smell something fishy when AILA files a lawsuit against its cousin.



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  • syzygy
    01-31 03:51 AM
    I wish I knew how to change it. I did that by mistake.


    FYI: You voted NO in this, could you change that?





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  • shree19772000
    02-06 01:08 PM
    I think core should ignore some of the comments from people who have no trust in IV. I know how it feels when someone undermines your genuine effort. People who cannot help can atleast support and encourage the core team by just being positive. I do not mean to offend anyone.

    Please be united and do whatever you can, towards this common cause.

    Thanks everyone....



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  • gc_chahiye
    07-11 09:13 PM
    USCIS cannot keep the filing fees if they return your application. They can only keep it if they do accept it and then deny/reject your application.

    looking at what happened on July 2nd, USCIS can do whatever it wants to do.





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  • snathan
    04-25 11:51 PM
    Understood. Now you want all H1 L1 B1 everything to be stopped. So lets vote only for EAD/AP/GC till you get your GC. After that US should stop GC also, right? (but ofcourse, naturalization still should remain open for a few more years).

    If one person can work for your job at $8/hr, and you are charging $100/hr, market would adjust itself to $8/hr (for a moment forget about who does this $8/hr, it can be a high-school kid, or anybody).The only reason why somebody blames that $8/hr kid for loosing his job is because he "thinks" he is "superior" to that kid. There are many situations where companies decide to retain "fresh college grads" and layoff "senior experienced" persons, to save money.

    Don't take me wrong, but I also think the L1 is mis-used a bit. But I personally think the mis-usage comes from other factors (like H1 unavailability, employer prefer L1 because employee cannot change to another employer in L1, other H1 restrictions) etc..

    Not a bit. If you want I can give you a plenty... L1 is for intercompany transfer. But So far I have seen companies put people only at the client place and their salary is starting at 32K and they are put up at extended staty, asked to share the cab or car. So let me know if you want and I can directly let you talk to those guys.

    Though I am not supporting this bill, we have to accept the face there is no numerical limit on L1 and no knows how many L1 are getting approvd every year. L1 guys can not change their employer, they dont have any idea about their benifts. I know a company which have a policy that the employee can not have US insurance untill he is here for six months. They bought the cheap indian insurance and no doctor is accepting here. So the employee needs to pay from his pocket and need to collect it later. Because of this guys are not even going to the hospital.

    Yes, you can work for $8 but there is something called law. I have personelly checked their labor which states 55K. But they are paid only 32K.

    So our common goal is to fix the broken system, remove the employer's undue advantage over the employee. No matter if they are MNC or desi consulting companies. Why the employee is tied to the employer when there is the need/demand for the skill set. Thats the only thing which is driving down the wages.



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  • Almond
    01-08 05:02 PM
    They moved from 8/1/2002 to 9/22/2002.
    According to the I485 inventory they published, there is what.. 400 cases between these two date, why only move 400 cases per month = 4800 per year when the annual quota for EB3 ROW is what.. around 30,000?
    Never mind the spillover, can ROW just get its normal quota at least?

    Yeah, exactly, that's what I don't get either. We know it's not a huge amount of cases they've got in that time frame, so what is the slowdown. This is maddening.





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  • Mayday
    04-03 02:00 PM
    In this case the guys as he "claims" appears to have come here without employer calling him. And is trying to complain against. Who will be screwed up. The employer can easily say he anticipated, but no project no, so didnt get the guy to US, as its legally allowed not to get.
    Again, I STRONGLY feel this thread, and the similar, are all in an effort to divert our attention. Just stop these by not bumping them, with our comments. Let mine be the last.

    Robert, you are WRONG in your position. Actually it is not my vision of situation, it is vision of the USA law.

    Empoyer MUST HAVE WITHDRAWN H-1 if H-1B job was no longer available and he DID NOT. He did not promptly respond to the employee, so employee had to stick to the pending agreement and COME to the USA on the designated date, for his own money.

    After employee came to the USA employer benched him unpaid, still not revoking H-1 or paying salary as he is supposed to do by the LAW.

    Now he must pay employee's tickets to and from USA as it is also required by LAW.

    Probably it's kind of costly for just "silence" in the email, but it may be VERY costly for the employee to come - as he may had to end his lease in home country, cheaply sell furniture or have other damages connected with this travel.

    Also there is still a possibility, that employer is a fraud, who takes $4000 from employees, applies for visa, and regardless of it being approved or not keeps $2000 from every such application. It's not that little if he applied for let's say 10 or 20 employees.

    So I think Alex MUST report the employer to DOL.
    Alex should also file police report to check if there is a fraud going on.





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  • oliTwist
    12-11 03:23 PM
    Is there any place where we have the remedies mentioned for thsi mess?

    I had used the points that I had sent to President's letter earlier.


    Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.
    Revise the administrative definition of "same or similar" to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.
    Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.
    Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.
    Allow visa revalidation in the United States.
    Reinstate premium processing of Immigrant Petitions.





    bugsbunny
    04-17 12:04 AM
    Hey,

    I have Bachelor's computer's 3 years and MCA 2 years from IGNOU. I have over 7 years of Exp excluding frm my current company. Is EB2 possible in my case. My employer says its not cause of my education, can anybody let me know if they have done EB2 with this scenario. Appreciate your time. Thanks

    you have the education and experience to qualify but as others have mentioned your job should also require a EB2 level of skill...then you can apply in EB2





    jbourne411
    11-19 05:08 PM
    I am also stuck in name check, Kind of sucks!
    EB2, Non Retrogressed Country



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