Monday, June 20, 2011

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  • illinois_alum
    07-16 08:15 AM
    Your company should be quite rich to keep paying for EAD's and AP's you don't need, with their periodical extensions, and also for your H1 renewals....

    Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D





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  • greyhair
    02-11 12:40 PM
    The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf

    This was the response i got from Ron Gotcher.

    "The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."


    If this is true, we have lost a lot of visas last year.

    Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.

    Is there a way to confirm this? We got to do something to resolve this problem

    There is a huge backlog in FB category. How come there are 13,000 unused visas in FB. If any immigration business shop is so confident about their assertion, why do they not file a lawsuit on CIS. Why are they posting these messages on different forums? Do they just want to gain visibility? It seems that its better business practice is to write random statements like 'CIS failed again' without having the willingness to do something about CIS failure. Aren't there clients with pending 485 of this immigration shop. As their lawyer and with fiduciary duty towards his clients, if he is so confident of CIS failure, why is he not filing a lawsuit on CIS to guard the interest of his clients.





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  • vin13
    11-11 09:23 AM
    The conference call was not organized by core. It was just 2 of us who discussed on the donor forum and came up with a draft letter to get clarrification from DOS. I suggest the first step is to get clarrification of the quarterly spillover with DOS regarding their process. Can any of you get an appointment with Charles Oppenheim (Chief of Immigrant Visa Control and Reporting Division at DOS)?

    After working several hours and we come up with the draft which was posted earlier on this thread. And for that, someone gives me a Red.....

    vin13,

    I was not aware of any conference call being organized by IV, otherwise I would have certainly been there, for I really believe quarterly spillover can ease a lot of our pain and can be a good starting point to re-galvanize the community.

    I think IV leadership should show the way here so that there is a chance we might see quarterly spillover in the January Bulletin. First it was the USCIS and now its the DOS that we need to wake from its slumber.





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  • va_217
    01-18 11:24 AM
    same happened to me in Elpaso airport longtime back, I guess when you are coming from Mexico they do that.
    but no questions asked it was normal

    thanks



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  • logiclife
    12-20 04:54 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    (k) Inapplicability of certain provisions for certain employment-based immigrants

    An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien’s admission.

    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.





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  • Canadian_Dream
    04-10 05:56 PM
    the fact that reform is needed does not mean this is the best way.
    and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.

    My only point was: the way H1B was set-up there was too much leverage to the corporations. This led to abuse by them at your and my cost. End result was wage depression, Green Card Backlogs and now H1B crisis. No matter how you argue it, the abusers have been a clear winner as an end result. Look no further than mushrooming of recruiting companies, and growing profit margins of TCS, Infosys and Wipro.
    In the end the reform has to come, unfortunately it came again at our cost. I agree it is not the best way to reform it, because it isn't in the best interest of H1B holders, but I guess the intention here is to stop the abuse at any cost. The best way probably would have been making H1B independent of the employer but again me and you are not kept in mind when a law like this is being written. What happens to BCG, Oracle etc, perhaps law should provide a way to separate wheat from chaff. If you take a closer look at it, these corporations do provide consulting services but consultants are still "Permanent Employees" with a fix wages and benefits but body shoppers have a different model with unpaid bench period and what not. In fact you can find
    Permanent Residents and US Citizens wanting to work or working with BCG, Oracle etc, but you don't see that with bodyshoppers and that's why I guess the 50% US Citizen clause in the proposed law. Please don't confuse this with the notion that I support or oppose this law. I am just trying to argue that if off shoring companies (Infosys, TCS etc) with 90% H1B's and local body shopping firms 100% H1B are getting punished I have no sympathy for them. These are the same people who refuse to give people copy I-140 approval notice and file for 59 Green Cards out of 20,000 H1B's they bring.


    How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.
    Applying your logic , you should get a job in your home country if you are smart enough.
    You should first read the original post that I responded to understand the context. As far as wages are concerned it is because of these corporations that hourly rates however high look meager when H1B statistics are collected by DOL, because a large cut is added to profit margins. That's why opponents of H1B program can point finger and say prevailing wages are not market wages. Do you support this practice of making profit by eating away a huge chunk of your pay just because they sponsor H1B (a Green Card the retention benefit to continue doing this for atleast 3-4 years) ? If you are then you are doing it at your own peril.

    Check out some of the prevailing wages and see for yourself if these are real market wages:

    System Analyst in San Jose California $64K
    http://www.deloitte.com/dtt/cda/doc/content/032807_systmsanaly_sanfranciscoCA.pdf
    Consultant in San Francisco 55K
    http://www.deloitte.com/dtt/cda/doc/content/032807_taxconsII_sanjoseCA.pdf



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  • Foster2007
    07-09 04:42 PM
    I agree 100%. They also issued green cards to ppl whose PD was not current in June. Even that is a violation of law.





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  • go_gc_way
    01-04 04:18 PM
    Posted on immigration.about.com
    http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13888

    Thanks we_can, I was searching for this thread.



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  • alterego
    07-15 10:30 AM
    Ramba,

    "and the alien must have intended to undertake the employment, upon adjustment"

    That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
    This answer was speaking to that point.

    A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
    With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.

    Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.





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  • PresidentO
    11-13 02:28 AM
    Spill over does not need to happen every Q. It is purely based on demand and supply. If the visa office sees demand go south ( read really really south) and do not expect the demand to pick up for the rest of the year, yeah then the visa office will move the dated forward using spill over. if the demand is enough, meaning categories that are current are just using fine and CIS has enough backlogs VO does not move dates.

    The most pre cautious option is (esp now that there are a shit load of pre adjudicated cases) is to leave the numbers for categories that are current until the final Q and then move the dates so that all current categories got a best shot at the visa number before it goes to the retrogressed. The visa office is pretty savvy and the numbers we saw from USCIS might be way off the real numbers the visa office sees and assigns a visa number for. Based on last 3 years, it seems that the DOS/VO knows the importance of visa numbers.

    if you are talking lawsuit because you are frustrated, yeah vent it out. But if you are really serious go ahead and check the INA act and verify whether the INA act actually talks about quarterly allocation. Come up with the ground work, have a point and then think about lawsuit. No point in hallucinating.

    Just an F Y I, I havent read all 5 pages of this thread



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  • Macaca
    01-26 08:29 AM
    Finally, I understood the purpose of this forum. No, the title is not wrong.

    I understand that you are

    1. explaining retrogression, and
    2. predicting time it will take a person to get GC.

    The above are based on
    1. applications with USCIS, and
    2. USCIS policy to approve GC.

    If this is true, it is the first good idea I have seen here. Alisa for president! (Arnold, California Gov, is working on changing rules for naturalized citizens).

    I have the following suggestions. I will help after I read everything. Give me some time.

    1. Indians are over-represented in IV. Consider the case of a country that is doing better and mention countries that are worst.

    2. Write a short paragraph that goes in IV email sales pitch. This has a URL to this complete report.

    3. This complete report has URL to USCIS data.

    4. We work on similar report (with URLs) on lobbying effort and funding level of anti-immigration organizations.

    USCIS numbers and rules are not the only factors against us. The anti-immigrants are a much bigger factor.

    5. IV email sales pitch has a para with URL on
    a. explaining retrogression (this report).
    b. lobbying effort and funding level of opponents (next report).
    c. IV's experience with legislation.
    d. BEGing for contributions.

    6. KISS principle baby: Keep It Simple, Stupid. Too much gymnastics in IV writeups.





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  • ps57002
    09-19 10:01 PM
    I didn't mean it in a "against illegal immgration" way. That's the downside of trying to communicate using words online, you can't tell the what other person is really saying at times. What I want (using other slogans if necessary) is to educate people that there is a difference in immigration. As soon as people hear the word immigration, to them it means "illegal" and there has to be some way (using appropriate slogans) to communicate that....that's all :)



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  • whitecollarslave
    01-18 08:06 PM
    By law, you are not suppose to make copies of an official US document.

    Where did you get this information from?





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  • dilbert_cal
    03-20 02:36 AM
    Moral of this thread :-

    All Desi Consulting companies are Fraud

    which in turn implies

    All Desis are Fraud. <---- Nope , Will Not say that because it includes Me :-)

    alright, let me try again

    All Consulting companies are Fraud <--- But hey there are so many which are not Fraud

    Hmmmm, Confused. Alright, Did I hear there are exceptions. No, my dear. We got it the wrong way here. Fact is

    Some Consulting Companies Do Subvert the Law and/or take Advantage of folks on H1. *
    One or more of them are owned by Indians. ( commonly called desi by Indians )
    One or more of them are not owned by Indians.

    Where does the More End ? A small percentage, a big chunk, average ??? There is no study which has been done on the same. We all see it in the perception we hold. And when it comes to negativity, we tend to exaggerate. ( Or maybe we dont and I've a wrong perception )

    * Non-consulting companies also do take advantage of H1b folks if possible - dont think I've to give examples of the same.

    I dont work for a desi company. But I've quite a few friends who work for Desi firms - most of them are happy and have been treated nice and fair. A small number had issues. This is my experience. Certainly not something which makes me identify with the rest of the sentiments.

    As per Logiclife, unpaid period on bench is a certainty. No my dear. Thats an exaggeration.

    How many of us..................

    Well, I thought of writing more but who am I telling this to and why ?

    Rants over - time to get back to my life. I've got something else to finish which I know will bring me more flames but possibly help this organization too and that matters more. Flame me as much as you want to for being the odd man out in the thread ( there are others too - not that I'm the only one ) but possibly I wont even come back to this thread to read the flames :-)



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  • BlueSunD
    03-11 12:23 AM
    I�m really sorry. I uploaded the wrong image, now fixed. Tahnks for the remark soulty.

    Guess I better catch some sleep....:tired:





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  • seeker999
    08-12 09:36 AM
    I like the idea of separate fund for EB3.
    Is there no one in IV admins /founders who are interested in EB3?

    I believe we need to have a EB3 wing in IV ,Ideally the max donors in EB3 ( atleast 10) can be the decision makers and can ensure EB3 voice is also heard.

    We should have the % board members in IV from EB3 wing reflecting the amounts donated by EB3.

    Looks like we already have Patton Boggs lobbying for IV. Did any EB3 candidate ever given an chance to interact with them. Exactly how does this work ?
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48

    I feel that if given a chance to talk to Patton Boggs and present our views. There can be huge amounts of funds that can be raised.



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  • inskrish
    04-10 09:36 AM
    Buying a hose is not substantial investment. It may cost $20 to $50 based on the length you need

    :)





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  • abhijitp
    03-09 02:39 PM
    Hi,

    I have 6,355 miles from Delta. I want to donate these miles to someone who is travelling to DC. Please let me know if I can do this and how to do it.

    Thank you and good luck to you all.

    1) Get in touch with someone who wants to use the miles
    2 ) How to Contribute Frequent Flyer Miles | eHow.com (http://www.ehow.com/how_7193899_contribute-frequent-flyer-miles.html)





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  • p_kumar
    03-03 12:55 PM
    This thread is the extension of this thread:
    http://immigrationvoice.org/forum/showthread.php?t=17653

    Objective of this poll:
    a) To assess if the idea has any strength
    b) Invite media attention to the issue
    c) Develop a task force to float this idea around.

    Folks, even if 10% of us ended up buying a house, that is 100,000 more buyers in the market.
    My mortgage application was rejected on the grounds that my EAD is valid for only one year, even though my credit history, down payment, income stability are upto the mark.

    ok





    cgs
    10-20 04:26 PM
    The following was a response to my request to support legal immigration for skilled workers.
    *****
    Thank you for writing me in support of the H-1B visa program. I agree with you that the limited increase in visas for highly skilled immigrants will benefit the economy.

    The demand for these workers is clear. When the H-1B annual numerical limits reverted to 65,000 from 195,000 the Fiscal Year 2004 limit was reached in mid-February 2004, and the Fiscal Year 2005 limit was reached on October 1, 2004, the first day of the fiscal year.

    Skilled immigrants play a valuable role in our economy. Using the technology sector as an example, the economic production of companies assisted by workers on H1-B visas in 1998 created more than $16.8 billion in sales and over 58,000 jobs. Our challenge is to capture this economic benefit while also creating more jobs and opportunity for American workers.

    As you know, the intent is that H1-B visas should only be issued if qualified American workers are unable to take the jobs in question. Also, H1-B visa holders should be paid a fair market wage for their work, not less than what an American worker would make for performing the same work. The intent of the program is not to undercut existing wage structures by importing foreign workers.

    As this debate continues, I believe it is important for Congress to assess how the H1-B visa affects job opportunities for Americans and wages in the relevant sectors. If the H-1B visa continues to help our economy and improve opportunities for American workers, I will continue my support for this program. As the Senate considers this matter, I will certainly keep your concerns in mind.

    Again, thank you for writing me about the H1-B visa program. Please stay in touch on any issue of concern to you.

    Sincerely,

    Barack Obama
    United States Senator


    P.S. Our system does not allow direct response to this email. However, if you would like to contact me again, please use the form on the website: http://obama.senate.gov/contact/

    Stay up to date with Barack's work in the Senate and on issues of importance to Illinois. Subscribe to the weekly podcast here: http://obama.senate.gov/podcast/





    gimme Green!!
    07-01 10:46 AM
    It is possible for every city to have at least one usps office to be open on Sunday. They have a different day off.

    Just go to the USPS website and locate an office that is open on Sun.

    I live in the Detroit area. I know atleast 2 postoffices that are open 24 hours.



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