Thursday 7 July 2011

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  • SunnySurya
    08-05 02:23 PM
    Agree let us focus on 5882. Thats our best bet.
    Solution to all this is HR 5882. Even if will not make date current for all it will clear major backlog so people will see some hope in next year

    Please call your lawmakers and educate them ... once we reach house floor we might not have time to call all lawmakers.





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  • pappu
    08-11 08:46 AM
    http://www.flcdatacenter.com/CaseH1B.aspx

    maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
    great find yabadaba. Thanks. I have sent this link to someone who can do some data analysis in our favor. However we are looking for EB GC data.

    do you/anyone know of any data sources for EB greencard applications on USCIS site/someone has already done stat research based on uscis data? We would be able to get independent analysis of that data by experts to our advantage. This analysis can be used by media when they interview us and also can be given to lawmakers to win their favor. you can PM me or post any such information on this forum and I can send it to experts I know.





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  • dontcareanymore
    08-05 12:59 PM
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.

    And if you feel your esteemed queue is getting bigger you are more than welcome to leave this place.





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  • GC_Geek
    08-02 10:26 AM
    I read this thread ONLY to not to miss any single word from US, no wonder.. his advises are indirectly helping many others like me in getting more understanding about what we are doing..
    Long live UN(even chain smoke cant distroy you ;) )

    Coming to my situatation,
    I came in July 2000, got job in Nov 2000. in 2002, I left for India to help my Dad who was hospitalized for Cancer. I came back in Dec'02 and have been on the payroll till today without fail.

    Once when I am applying for a H4 for my spouse, the US consulate at India issued a 221(g) to give the details about "Why the employee was paid less then the LCA promised wages?" In fact the officer didnt check all of the paperwork submitted, I had shown that I used FMLA (Family Medical Leave Act) to assisit my Dad. My spouse went on the next day, pulled out the same letters and my Dad's hospital bills and Doctor letters etc and shown, and got the Visa approved..

    So, folks who got their payroll significantly showing the gaps, please show the real reason, if you start covering up something, you will end up in the Original poster's spouse of this thread.

    Once again, thanks UN...
    -Geek...

    first i'll tell a brief story.

    I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

    he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

    now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

    It is not an easy thing to overcome or argue as one may think.



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  • chanduv23
    03-24 04:30 PM
    You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.

    Not sure if this is authentic - but I have heard that h1b petitions with cap exempt organizations are also running into issues.

    If anyone is really having issues - you may back up my post.





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  • jaocanada
    07-17 02:08 PM
    Manub,
    Our prayers are with God to get you and your family out of this difficult period. I know of a close friend who went thru a similar situation regarding distress sale of the house but finally it all worked out. So keep the faith and be strong. Good luck.



    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.



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  • rockstart
    03-23 12:19 PM
    If the e-mail address is ending with "dot GOV" then you should be fine. If some is mailing from yahoo & gmail then dont respond.

    thanks for the suggestion..if I get email..I will ask for a Mailing address for sure.





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  • pitha
    02-21 04:06 PM
    He is not questioned, ridiculed or targeted because he is a nobody. His viewership is not in millions but in hundred thousands. 762,000 to be precise. With such viewership numbers nobody targets him because its not worth it. Even "SpongeBob SquarePants" a carton show on Nickelodeon manages to get higher viewership than Lou Dobbs even though "SpongeBob SquarePants" is targeted at children.

    we are targeting him because he is saying things which are inaccurate if not ludicrous regarding immigration. He is similar to tancredo. Did anybody know there was a xenophobe called tancredo before he started riling against CIR. Lou Dobbs and Tancredo realized they have stuck gold with there diatribe against immigration and they are riding this xenophobic wave for it full worth.



    Wonder why he is not questioned, ridiculed or targetted by other TV standups or show masters. The truth is, Dobbs has a following - people who would like to hear again and again what they want to hear and CNN knows it. Even if he is spilling BS, at some point, repetetion may make it sound like " oh, there is something in what he says" attitude, mainly because of familiarity by that repetetion itself. Maybe he will end up a Congressman or a clown instead, the fact is, he can elicit attention of a few millions -by his talk show and write-ups. From McCain to Romney, Sen. Clinton to Bush, if people see the quick policy/face changes among the politicians and compare with some stray ---- like Dobbs saying (barking) the same thing over and over again, there is a chance that he might end up scoring more in popularity than the president.



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  • stuckinretro
    08-05 09:41 AM
    Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.

    So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.

    There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!

    The problem was Labor substitution, which was a nightmare for many of us here, and lot of people are still stuck because of it. DOL eliminated substitution 1 year ago and people whose 140's were filed then are still stuck in that backlog because of LC sub cases files on jul'16th. If you want to do anything do something on that end to ease the 140 backlogs.


    No i am not comparing this to labor substitution. Also, i do not think what you said is true for ALL the people trying to port to EB2 by some means.

    I intend to fight this legally and everyone else also has the same option of challenging my stand in court if they think i am wrong.

    I am just here to gauge support (not monetary support) for the lawsuit, and to see if there are some angles which i am missing that may aid me.





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  • walking_dude
    08-05 10:19 AM
    Guys,

    Ever wondered why a lawsuit never got filed against Labor Substitution, or stealing of EB Gcs by nurses, or against the discriminatory country quotas?

    Simple, you need an Immigration Attorney to file the case. The same AILA cardholding person who is expecting a windfall profit out of interfiling/PD porting. I am interested to see the immigration attorney who is willing to sacrifice profit for principle. It would be a first in history if that happen!!

    Good luck to everyone willing to participate in this wild goose chase. I guess you guys have too much money in bank to spend over such a mission impossible. If only you'd contribute equally to IV campaigns...



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  • BMS
    07-10 07:01 PM
    My situation goes something like this.

    1) I got 7th year extension in Sep 2005
    2) Visited India and got stamped and got new I-94 on return.
    3) Applied for 8th year extension without submitting new I-94.
    but applied with old replacement I-94 came with I-797.
    4) So the same I-94 continued on subsequent I-797 extensions.
    5) Recently applied for 9th year extension with the same.

    My Question is, do I need to submit last entry I-94 card that I missed which is expired now, for correction? Or is there any issue with this.
    All these years I have the same employer.

    I appreciate your help on this.

    Thanks
    -BMS





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  • Macaca
    02-17 02:14 PM
    The Lobbying Disclosure Act of 1995 (http://www.senate.gov/reference/reference_index_subjects/Lobbying_vrd.htm) establishes criteria for determining when an organization or firm should register their employees as lobbyists. Lobbyists register with the Senate Office of Public Records (SOPR (http://www.senate.gov/pagelayout/legislative/one_item_and_teasers/opr.htm)). SOPR receives, processes, and maintains for public inspection records filed with the Secretary of the Senate (http://www.senate.gov/reference/office/secretary_of_senate.htm) involving the Lobbying Disclosure Act, the Federal Election Campaign Act (http://www.fec.gov/law/feca/feca.shtml), the Ethics in Government Act, the Mutual Security Act, and the Senate Code of Official Conduct. The office has many other responsibilities in addition to their lobbyist registration duties.

    Resources

    Lobby Filing Disclosure Program (http://sopr.senate.gov/)
    HOW TO USE THE PROGRAM (http://sopr.senate.gov/help.htm)
    Example: Find amount paid by IV

    Go to Senate Office of Public Records (http://sopr.senate.gov)
    Click on Access the US Lobby Report Images for All Years (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=0)
    Highlight Client Name and then click on button Go
    Type Immigration Voice in client name field and then click on button Go
    Click on Immigration Voice Corporation (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=3&CLI=IMMIGRATION%20VOICE%20CORPORATION&CLIQUAL==)
    The 3 links are

    QGA registered IV as client (http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2006/E/000/078/000078315|2)
    Mid-Year Report (http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2006/EH/000/141/000141275|3) (Jan 1- Jun 30)
    Year-End Report (http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2007/E/000/034/000034084|2) (July 1 - Dec 31)


    Follow above steps for anti-immigration organizations (FAIR (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=3&CLI=FEDERATION%20FOR%20AMERICAN%20IMMIGRATION%20RE FORM&CLIQUAL==), NumbersUSA (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=3), ...) House (http://lobbyingdisclosure.house.gov/index.html)
    Lobbying Spending Database (http://www.crp.org/lobbyists/index.asp)



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  • desi3933
    07-08 10:20 AM
    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

    2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

    3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

    Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.

    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.





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  • centaur
    02-25 05:25 PM
    Is this book available? maybe we can get a bunch of copies and send to some editors, John Stewart/Stephen Colbert and some legislators.

    If the author is approachable, maybe an interview with him and some TV personality could be tried.

    Indian techie slams CNN Lou Dobbs (http://www.indiadaily.com/editorial/10-28a-04.asp)!, N. Sivakumar, October 28, 2004

    In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.

    "Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"

    The author writes.

    "The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.

    The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.

    The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.



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  • sanju
    04-08 10:30 PM
    Make no mistake about it, IEEE-USA is not for any meaningful reform. They say that they support green card reform but actually they don’t. Otherwise they would have included some green card provisions in this bill, at least 485 filing provision. They make it look like they support green card reform because they do not want themselves to be looked upon as anti-immigrants. But that is who they are.

    Just as an example: Ron Hira says that H1s drive down wages when they come and work here. If we go back, Ron Hira says H1s promote outsourcing. If we stay here, Ron Hira says we take jobs of people here. So no matter what we do, the bottom line is, IEEE-USA has a problem with people on H1. They have a problem with our existence, not just here, but anywhere. Why? Because they don't like competition from us. And here is another fact, guys lobbying for this bill are actually racist and they just warp their objective around the economic argument.





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  • nixstor
    08-10 07:55 PM
    Guys,

    Did any one watch Lou this evening? I switched on the TV and I saw H1B visa on the back ground and Lou was just done thanking a guy for being on the network. What was that about?



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  • sanju
    01-06 04:13 PM
    Slow down chief, not so fast.

    There are two ways to give coverage to an issue. One could be decided based on how many people are affected, second could be based on how may people care for that issue.

    If you go by how may people were affected, I'll say Palestine has a population of how much, say less than 5 million, but it has the world attention for over 50% of the entire world affairs coverage. For world affairs coverage its Palestine v/s rest of the world, but it seems according to you thats not enough. Why should Palestine or for that matter Israel be so important that it should get so much coverage or attention. All the religions AND HENCE THE VIOLENCE were created there. That's why its best to ignore that place so that twisted minds will not get motivation to fight anymore. But my point is, Isreal Palestine issue already gets more than adequate coverage, more so than rawanda, somalia, sudan, terror attacks in India etc. So based on this I don't think its NECESSARY to give Isreal Palestine any more attention.

    But if you apply the second measure, which is how many people care about the issue, well in that case a lot more people here care about the attacks in India and a war between India and Pakistan. For that matter a lot more people on this forum are affected by attacks in Mumbai. If you go to some Palestine forum, maybe you can get more people wanting to discuss their views about Isreal there. But by law of inclination, since there more people on this site from India, you will see more people wanting to discuss about how they and their loved once are affected. If you want to discuss about paleastine, well, go right ahead, no one will respond to you because people are not interested. I am only responding to your rants and not your issue.

    Loss of human life, WHICH IS OFTEN DUE TO SOME TWISTED RELIGION, is always very saddening. This is the core belief of every peace loving society and is not coming out in response to yuor rants. Infact, rants such as yours simple make a few people to tone down their expression of sorrow for the loss of human life.

    There needs to be correction in your post. When Pakistanis terrorist attacked mumbai, world community blamed Pakistan and not the entire muslim community. The problem is, the way muslim community responds to such world events, due to the sense of the guilt of their twisted belief system, they think that the world community is blaming every muslim, but that is actually not how the world community responded. Also, because of the urge to defend terror attacks by a terrorist, muslim community tends to justify terrorism and terrosit attacks. We saw many "educated" (HIGHLY SKILLED) members, who were apparently muslims, on this forum justifying terrorist attacks conducted by Pakistani terrorist who happen to be "muslims". Because, the overriding factor for a lot people following islamic faith is the religion of the person performing the bad deeds. And if that person happen to be a muslim, most of you guys tend to justify bad deeds including terrorist acts. This behavior results in world community responding to you in plain and simple terms that terrorist sympathizer is encouraging more terrorism and hence you perceive that expression as if the others are branding your entire community as terrorist, but again, this is not true either. Its the direct result of your sense of guilt and your urge to be terrorist sympathizer.

    I don't follow any religion. For me nation of my nationality (which could change in future) is above all forms of religions. When I will take US citizenship, my loyalties will be with the nation where my children are born and with the nation where I will become a citizen by CHOICE. Religion has nothing to do my relationship, my responsibilities and my rights in the country I BELONG. I am not saying that this is the right kind of behavior, but the pattern of behavior which is excepted as reasonable by most rationale minds. However, for you, you have to pick up a side in any issue based on the religion of the terrorist or the victims of any situation. You have no regard for the country of your birth or citizenship. Maybe not for you, but I see that as a problem.

    I am a peace loving person and denounce every form of violence SPECIALLY THE ONE CAUSED DUE TO RELIGION. But that is not because of your rants, that's just the way I think normal humans behave. Although I must add that its not my issue as much as Mumbai attacks because Palestine is not in my backyard and I don't have the bandwidth to pay attention to Palestine even if I wanted.

    Hope that's good enought for the day.





    I think we discuss these kind of news in IV. Don't you know that? In the same forum i have heard people saying Isreal is a peace loving nation and they never commit crime.

    Look at what is happening now. Can we justify killing innocent kids? Who would kill kids? How evil one should be in order to kill school kids?

    How evil this world is, watching these attrocities silently. While pakistani terrorists committed attrocities in India, whole world blamed the entire Muslim communities.

    Now where are those peace loving people have gone while Muslims are brutally murdered and innocent kids are brutally killed by missles?





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  • Rolling_Flood
    08-05 08:35 AM
    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.

    So an employer cheating him into applying in EB3 is an honest way?





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  • mariner5555
    03-27 04:02 PM
    All good points, As always with Real Estate, its Location, Location and Location. So the decision to buy a home depends on where you are. My analysis was more towards the Bay Area market where prices have held steady except in periphery markets and neighborhoods which had lot of new construction. Demographics here are dual incomes, steady jobs, limited housing/new construction and strong tech sector(due to the global nature).

    One thing I believe is that, Mortgage rates are probably at the lowest we will see for a while. If you time it right, maybe you can go another 50 basis points lower but generally its quite low.

    Now, is the price of a home lowest? New home owners GENERALLY dont consider the price of the home but rather the MONTHLY payments. How much will it cost me monthly to own this home? And this is what drives the price of a home. So the price partially depends on the mortgage rate, type of mortgage(5-1 ARM, 30 year, 40 year etc).

    Finally another major thing to consider is the loan process. With the recent changes, its got much tougher. My company almost has a freeze on new loans and except for refi the rest is frozen. Tighter conditions like

    DTI ratio less than 35%
    LTV ratio not more than 90%
    For Pre-approval you need to show atleast 10% in liquid assets.

    will certainly slow down things even further.
    what is LTV ratio ? I guess DTI is debt to income ?
    I agree with all the above ..so if u have a house and can refi ..good. have a GC and u get a good deal- good. EAD in these shaky conditions - not so good.
    one thing is for certain - in our life time, most likely we will never see such price appreciations. maybe appreciations of 4 percent ..which is effectively 1 % appreciation - if inflation is 3%).





    nogc_noproblem
    08-05 02:29 PM
    A couple drove down a country road for several miles, not saying a word.

    An earlier discussion had led to an argument and neither of them wanted to concede their position. As they passed a barnyard of mules, goats, and pigs, the husband asked sarcastically, "Relatives of yours?"

    "Yep," the wife replied, "in-laws."





    GCBatman
    01-06 04:53 PM
    Hey guys,
    If all the topics can be posted here and anyone can start any unrelated thread (No Offense to "Refugee_New" because there are others also who did the same in past and it looks like all the moderators are sleeping.)
    So I am thinking of posting unrelated issue.
    Here is the question?
    I have to buy the tires for my car (15")
    Which tires are best Michelin or Goodyear
    Please no reds and sincere answers only.
    Thanks,



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