Monday, July 4, 2011

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  • desi3933
    06-28 06:46 AM
    desi3933,

    Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).


    "(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --

    The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.

    Thanks for your reply.

    H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.

    Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).

    Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.

    Now, coming back to your quote
    "(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.

    In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.

    It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.

    Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.


    Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.



    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • Sachin_Stock
    09-25 12:34 PM
    Here's what the law says:

    8 CFR 204.5(e) relating to PD transfer between eb categories

    (e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

    I hope that clears the air.




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  • unitednations
    08-25 03:39 AM
    I am not sure what the writer is trying to say.



    In my field we try to hire the best applicant for the job whether American, European or Asian or from elsewhere does not matter. Otherwise you get a bunch that do not know how to convert units and crash things ... let me not name them.



    Transfers are for people to change jobs. I have done it. My employer(s) do(did) it all the time.




    What do you propose? Keep waiting for green cards 10-15yrs without knowing if it will be approved in the end.

    H1B is for labor shortage. If there is an abuse then the govt needs to crack down. If the laws come short, then better laws can be crafted.


    these are very complex issues, where a lot of people try to trivialize or minimize. I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.

    Look what department of labor is now doing with Fragomen clients. Staffing companies generally do not use fragomen; they are the biggest of big companie. Fragomen made a lot of oise regarding immigration. In this country you make noise people look at what you are doing and figure out a way to make you shut up. Now; DOL has figured it out. they are sending second audit requests and people are scrambling trying to figure out wha to do. Do you not think that these companies are going to pause in filing labors for people going forward due to the additional hassle and the bad publicity if their labors do get denied?




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  • kshitijnt
    05-10 09:25 PM
    Quota based on race argument is fallacious. For example, Bangladesh and Pakistan are not limited by the quota. However, they are the of the same ethnic/racial background as people from India.

    Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?



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  • vxg
    11-21 09:35 AM
    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul

    Mehul,
    Really sorry to hear that but i do believe that with medical advances you will have a chance. Try to seek best medical care and advise. As others i suggest making an info pass appointment and discuss with an IO i am sure they will help.
    I will pray for you and your family.




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  • StarSun
    02-09 10:53 AM
    Your transaction ID for this payment is: 32R78275M69540623.
    donated $50

    I will be in India around that time so cannot attend the campaign in person.

    All the best to IV .. hope we get the justice ASAP.

    Thank you psaxena for your donations. Please talk to members from your state and encourage them to participate.



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  • mrane1
    12-16 03:30 AM
    you will not get anything before it's time comes and if it is beyond your destiny/luck

    I was never a fatalist but the GC process made me one... to a certain extent... Came to US in 96 as a student... First PD 1999... layoff in 2001... 2nd PD 2002... company shut down... 3rd PD 2003... PD cleared 7 days after 2005 retro! That was the worst period and I was so frustrated at the time!June 1st 07 filer... Was waiting for FP, EAD forever. Finally on sept 13th I had my FP and sept 17th my GC... just like that... no LUD, EAD, AP nothing... directly GC in the mail... I guess it was just my time! Looking back I think I am glad I concentrated on the positives that were going on in my life... thats pretty much the only thing one can do to aviod frustration... IV is a great organization and hopefully their efforts will bring fruits! Meanwhile good luck to u!




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  • gclongwaytogo
    10-11 02:39 PM
    July VB Fiasco I-485 Receipting Delays

    The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.

    We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!



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  • chanduy9
    07-06 09:46 AM
    DEAD FISH DEAD FISH!! :p



    Guys please send the flowers...I know we dont have very good publicity like others...we need to find the way to get the media atten. One reporter might be intrested in our news not evry one, to get evey body atten we need to do it in samrt and in different way..guys bunch of people are thinking the flower day is good, other think it is not, we have this problem from ages.

    If one send flowers or e-mail it is not news..if every body joins it is gonna be a greate news.

    join the flower drive.

    just my idea.

    Thanks,
    Chandra.




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  • sripk
    09-10 04:52 AM
    I had a chance to file in EB2 with master's degree but my attorney screwed it up and filed in EB3 category instead and now i can't even port to EB2 as my company is no longer supporting new PERM applications due to bad economy. I am usually optimistic but with the current economic conditions and bleak chances of any immigration fix, I feel we are fighting a losing battle. God help us all in EB3 category.



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  • Sunx_2004
    09-15 09:12 AM
    Very important point Sandy-

    Since I (legal immigrant) can not pursue my dream/ happiness I can not improve the life of my kid who is US citizen. I would love to see any lawyer's input...

    For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.

    An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:

    http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
    http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
    http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness




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  • rbusgc
    02-24 01:29 PM
    Receipt No: 5475-4035-1880-0959


    RB



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  • sankap
    07-10 02:55 PM
    Did you see I said "legally speaking?" If our attorneys answered Yes to the question you mentioned, then according to you they all lied, since "no H-1B job is permanent!"

    Look at the I-140 application (Page 2, Part 6, Question 5)
    http://www.uscis.gov/files/form/i-140.pdf

    I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"

    Did your attorney put No for this question for your I-140 app?

    .




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  • morchu
    05-08 01:51 PM
    Is it still not clear for you? eb-dependents are NOT eligible for F2A.
    We have to follow the regulation when law is not clear and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.

    I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".

    You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).

    You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.

    Guys,

    VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.

    Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.

    I need IV Core help for this.



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  • h1bmajdoor
    07-08 05:07 PM
    In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.

    she can say whatever. the courts have to agree.

    if she says that constitutional protections don't apply to non-citizens, they are essentially reinstating slavery.

    not that the constitution was against slavery.




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  • sanhari
    08-13 10:23 AM
    Dear EB3 folks, please don't get discouraged by the Sept visa bulletin, let's keep our focus contacting congressmen/women, USCIS and DOS to push on a fair policy, of using the visa spillover against cases with older priority dates. Also for all other folks, who don't support this, we are just trying our best to get a push somehow to stay along with others in the queue, moving forward, instead of quietly watching, so please do not discourage. If you don't support or have a better solution, please start your own forum for further discussion instead of discouraging the folks in this forum.



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  • thomachan72
    02-01 12:59 PM
    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!
    I guess you have decided after lots of thoughts so "all the best of luck". Do you have kids? what age group if you do? just curious
    Wondering how they would adjust to the tests, languages, discipline etc etc




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  • greenlight
    08-08 01:56 AM
    I have to say this is the first time ever that I want my checks cahsed very soon when my natural tendency is wanting to hold onto money in the checking account as long as possible. I am, too, waiting for the day to see canceled checks for AOS, EAD & AP. I've been obssessed to check the latest news on USCIS' broken system, and it is a nice break to amuse myself about this whole check cashing business.

    Hang in there, everyone. There shall be a light at the end of the tunnel. I hope and pray that the light comes before I retire ;)




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  • drona
    08-31 07:45 PM
    Have you looked at the status of the rally polls? Are you even aware that we are having a historic first rally for legal immigrants in Washington DC? Please people, get your heads out of the sand and participate in this rally to fix this broken system.




    syzygy
    07-08 04:58 AM
    This is one the latest articles which highlights America's racial discrimination policy as regards immigration.

    Please read and digg.

    http://digg.com/politics/Racial_Discrimination_policy_followed_for_LEGAL_IM MIGRATION_in_USA




    raju123
    05-23 09:49 AM
    I emailed all Senators using aila's web site



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  • Harutium
    06-22 08:49 AM
    Stop pushing for a comprehensive relief and turning into a kind of Skil solution
    (Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!




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  • a_yaja
    06-26 03:49 PM
    But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
    No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).

    Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.




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  • eb3_nepa
    07-05 06:02 PM
    Dude a stinking dead fish could be considered a bio-weapon :D


    Well atleast that gets the message through ;)




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  • abhis0
    08-21 11:00 AM
    I had a LUD on 7/28 and nothing after that... My I140 approved in Texas in April2006. I think we should get the receipt number here pretty soon...


    Why do you have this hunch?
    It seems like all the LUDs on approved I140 from Texas for July filers is pointing towards their I485 being sent to Texas too. Hence, this unimaginable prolonged delay. Can we do anything about it except sulk?

    Let it run its course.



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  • kannan
    01-08 08:42 PM
    Mine is NSC to CA, Still in CA only,opened 2 SR for FP,no use.Anybody is still in CA




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  • chanduv23
    03-12 07:02 AM
    Most people have a lack of understanding of the situation. Things may not get better, things may get worse. EB3 is further retrogressing, EB2 will not move further, another market slump expected, more layoffs getting announced (though may not be in high skilled sector, layoffs does matter in decision making), companies running out of funds, body shoppers reducing salaries and increasing their cuts .......

    If people start getting depressed, more depression will come, so better understand the situation and plan accordingly and learn to live with problems rather than getting depressed.



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  • bebar
    06-15 11:52 AM
    Filed June1st. But still waiting for receipt notification.




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  • sankap
    07-10 09:52 PM
    @Ramba:
    Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?

    Re wages, here's Yates memo verbiage:

    Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
    Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”

    Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.

    USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.



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  • franklin
    07-05 11:17 AM
    Guys
    this is pathetic.. wake up can you not spend 30$ from your pockets to make this thing happen? Why would you not want to do something that is so different and would be effective if all of us do it together.

    cmon, arise,awake.

    Sorry - I had no idea what this thread was about.




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  • royus77
    07-02 10:16 AM
    Tracking Number: 1Z F1V 383 22 1003 942 6
    Type: Package
    Status: Delivered
    Delivered on: 07/02/2007 8:46 A.M.
    Signed by: PITCHER
    Location: DOCK
    Delivered to: LINCOLN, NE, US
    Service Type: NEXT DAY AIR



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  • buddyinsd
    08-26 01:47 PM
    Whats ur PD? U r not current in Aug right?

    No. It is a good company and are very careful with things. I have never been in consulting. One good thing they did unlike other companies is they anticipated career growth and filed GC for a higher position and I could gladly accept promotion in my career.




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  • reddymjm
    05-05 09:38 AM
    Just because i gave my predictions which were not favorable to the person, Someone gave me a red.:mad: Guys take it sportively, We are just doing a prediction games, If someone predicts dates which is favorable or unfavorable doesn't mean USCIS / State dept will use the same dates, They will use what is on their minds.

    By the way the guy gave me comment EB3 india will be June 2002 funny

    whats funny in that. As you said it is just a prediction...



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  • alisa
    12-12 09:22 PM
    Thanks for your advice. The intent of the letter is to show a different perspective to Senator Sessions. Nothing more or nothig less. He said he did not receive any feedback from legal immigrants. Fine, we say here it comes. If he continues to block legal immigration reform bills, he has to find another pretext, not "no feedback from immigrants".

    There is always a rational side in every human being. Senator Sessions is smart. Let us hope Senator Sessions surprises us by bringing his own version of EB immigration reform.

    I agree whole-heartedly.
    Senators/Congressmen are rational, smart and intelligent people. We HAVE to apprise them of our situation.
    We have a legitimate, common sense and good cause on our side.

    In this time of globalization and increased competition, do the senators/congressmen really want this country to lose half a million highly skilled, experienced and trained-in-America-for-years people to India and China, and to Europe and canada?

    If they put 'holds' or refuse to take up our cause after they are fully aware of our situation, then atleast you know that they are doing it out of racism and/or narrow political and parochial motives.

    But unless we make our situation known to these guys, we shouldn't really blame them.......Also, those with kids born in America might get more of a response from the legislators.

    It is pathetic that there is a thread from NJ, and the guy is begging people to join/respond; it is mind-boggling that there are only seven members from NJ. It is absolutely ridiculous that the only two responses on the 'Calling all Wisconsin members' have been from myself, and another person. And that other person is from Illinois......

    Can there be any guidance from the core team about personalizing our stories, and making those known to the legislators?




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  • ravish_kaipa
    12-10 01:48 PM
    Hi Proud American
    I just feel so sorry about your understanding of the modern economics. If you think , by asking foreign born workers to go back you can get more access to the so called "wealth" you are talking about , its time you enroll for an Economics 101 . It is your proud America that has long been shouting from the rooftops about the need to have more open borders, facilitate global transfer of knowledge and commodities . Anyway , I dont think I have to even argue with you as you need lots of orientation before I get into a meaningful debate with you . I am happy for one thing thou , that inspite of zealots like you America has had great visionaries in tha past that made this country the only existing super power in the world , else it would have been like another Eastern European country .
    Thanks!



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  • ramus
    07-07 12:05 PM
    Hi,
    Please join NC state
    chapter if you have not yet. I am also talking to couple of members from Raleigh and we thinking to go and meet senator Burr if we get appointment. I will keep you in the loop. We can discuss this on our state chapter.

    Thank you for your interest.




    I live in Raleigh, NC and am willing to come to DC. I will try and check if any of my friends are interested.




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  • Morty
    05-08 05:53 PM
    Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.


    Subject: Discrimination of Indian Immigrants

    Dear President Obama,

    I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.

    One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.

    President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.

    Thank you President Obama and you are doing a wonderful job!

    Sincerely,
    Xxxxx xxxxx

    You content seems to be okay. I urge everyone to use http://www.whitehouse.gov/contact/ website to post this content on whitehouse webpage. Sheer volume of the same request may draw Presidents attention to this issue....Also, it doesn't cost anything to do this.



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  • gk_2000
    04-16 07:46 PM
    Well, in that thread they were about to "hire a top constitutional lawyer", but it ended in a whimper...




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  • ita
    07-27 09:01 PM
    After having been following most of the EB3 related threads looks like EB3 folks are on their own. It would be great if we get any help from any quarter but I think it's fine even if we don't.We need to do something/everything that we can to generate noise apart from of course following all the IV campaigns .


    Thank you.




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  • seahawks
    09-23 08:13 PM
    I guess one strategy would be only to file for principal applicants, get green cards, become citizens and then sponsor dependents would be a faster route than waiting through the EB route:) Just kidding.




    raju123
    07-09 07:35 PM
    Amit,

    This is nice but I feel we should mention briefly about how we inspired from Mahatma Gandhi and his philosophy.




    Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
    July 9, 2007
    What
    Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez as a part of a symbolic and peaceful protest.
    Where
    The flowers are scheduled to be delivered to his office at 20 Massachusetts Avenue, NW Washington D.C. through various flower vendors.
    When
    July 10th, 2007.
    Why
    With this effort, they hope to create awareness about their predicament and express their anguish and frustration at the reversal and the lack of action from the Government. These are the highly skilled workers who have been driving the innovation in the US for many decades and have been living in this country legally and yet, they feel that their issues, concerns and contributions to the economy have largely gone unnoticed.
    There are 140,000 Green cards allocated for highly-skilled workers and their dependents in a fiscal year (unused visas may not be rolled over to the next year). However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists, MBAs and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
    On June 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007. Following this announcement, most of these future Americans and their sponsoring businesses, began a scramble to compile the documents and complete medical examinations required for their applications. After overcoming several hurdles and enduring hardships, these applicants eagerly waited for July 2, 2007 to send out their applications to the USCIS. However, to their dismay, the DoS, in an unprecedented move, issued an addendum to the visa bulletin, on the very day that the USCIS should have begun accepting their applications, stating that all available visa numbers for the current fiscal year had been used up and that no new applications would be accepted.
    This sudden reversal has resulted in emotional distress and financial losses for these individuals and businesses.
    Now, these highly-skilled professionals have decided to call attention to the "broken" immigration system in the U.S. for legal immigrants, by sending flowers to the USCIS Director, Emilio Gonzalez. They request that the USCIS honor the original visa bulletin and accept applications received through the month of July. In addition, they hope to encourage the U.S. Government to create more fool-proof immigration policies for the forthcoming year or at the least pass a legislation allowing the continual use of unused employment-based immigrant visa numbers from previous years.
    Dilip Tekkedil who came to the US in 1998 for graduate studies and is still waiting for his green card hopes to send a simple message with this campaign � �fix the system�, he says. On various online discussion forums, most skilled, legal immigrants want to send this message to USCIS and more broadly to the US lawmakers � �I understand that your agency does all it can to do the best job. I hope you empathize with a legal immigrant's frustration. A small token of peaceful symbolic act and hoping for the best.�
    Media Contact: This symbolic protest largely grew out of grassroots discussion on various forums on the website hosted by the group Immigration Voice. Some volunteers who work with Immigration Voice have been loosely directing this event.

    References:
    This article on the South Asian Journalist Association's forum explains the issues facing skilled, legal professionals in the US.

    Media coverage
    The Wall Street Journal: Reversal Frustrates Green-Card Applicants by MIRIAM JORDAN. July 5, 2007; Page A2
    The New York Times: Suit Planned Over Visas for the Highly Skilled by JULIA PRESTON. July 6, 2007
    The Times Of India: Green Card Hopefuls Resort to Gandhigiri in US by Chidanand Rajghatta. July 7, 2007
    The New York Times: Immigration Malpractice. July 7, 2007




    gcnirvana
    06-26 02:47 PM
    My employer says EVL is not required for 485 filing. How do I make him understand that it is required? Any links from USCIS website or any authentic info will be helpful. I searched and couldn't find it!! TIA



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  • tonyHK12
    02-21 01:27 PM
    Donated $50 via paypal)
    thanks updated total above.

    C'mon guys - Only about 90 have donated to this event out of an estimated 500,000 people in the queue. What is the message you're sending to Americans, including law makers about being able to work together?




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  • Libra
    08-26 12:58 PM
    I did and I got a response in mail saying there are extremely high volume of cases filed before me, that is why it is taking time.

    Did you try Ombudsman route? It may take a few more weeks, I guess it is worth a try.




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  • gc_on_demand
    05-01 03:06 PM
    Adding dependents/derivative is based on primary�s PD and app status.

    Challenge me with a scenario that will have an issue. If someone doesn�t have H4 they will be affected anyways. They will not have additional impact due to this.

    Please read INA, I485 application and current VB.

    I personally believe none will be affected and left too behind (yes, they will be delayed a bit, they will have AP/EAD to hold on to).

    (1) I am on H1b and wife on H4 . I have PD of Jan 2008. Now In july 2009 VB shows Eb2 india with PD of Mar 2008 and F2A with Jan 2005. I will be able to file for 485 will my wife can file 485 ?

    (2) If she cannot file and what if my company insist me to be on EAD and resufe to extend my H1b. What will be status of my wife.. ( Assuming she didnot file AOS while I did ).

    (3) What will be her category or status if I am lucky and get GC in 2 months since my date become current ?


    I think just simply saying use FB quota for dependent doesnot make sense. We need to have answer to this. I agree that Law allows INS to use FB qupta for dependent but at same time so many other restriction prevent them to use it. Like dead lock condition.




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  • pappu
    03-10 11:25 PM
    Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
    The annonymous member who posted this message has not even logged back in to this website after posting the message and we are discussing this topic for days. If you start a new thread, dont just start it and run away. Try to see and respond to the discussion. If you post a question and your question is answered, it is always good to thank members that answered your question. All this helps build the community.



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  • chandarc
    07-21 11:01 AM
    Anyone interested in email template I used to send...?pls let me know.

    chandarc July 12 2010 --------------- Automated email response




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  • EndlessWait
    07-20 11:41 AM
    So pls contribute.

    I pledge $100.



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  • acecupid
    07-03 01:42 PM
    I would sent some cactus if there were options to do that.:D




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  • shozee
    12-31 12:22 PM
    Im posting for first time
    plaease pardon me if im in wrong thread .
    Im july 5th filer .Filed I140 and I 485 conc .Opened SR for FP because didnt recieve it till NOV .In NSC_CSC_NSC.next day after opening SR i got Fp notice .Obvously nothin to do with SR .Got reply for SR after a month which says " Status I-485 USCIS is waiting boimetrics info to produce permanent residency card "
    Any idea what would this statement mean ?
    I_140 & 485 fild July 5th 2007
    PD curent



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  • hiUS
    09-08 02:09 PM
    I actually spoke to Customer service and I got 2 very different responses.

    1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.

    2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.

    I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.

    Best is to check with the guys/gals at Infopass -meeting.

    All this was from the rep at the TSC - so not sure if this is applicable to all centers.

    AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.

    I will post my Infoapss exp on the 9th of september.

    As you said, please post your experience with Infopass tomorrow. It will be helpful.




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  • h1bmajdoor
    07-07 08:57 PM
    All officials have talked about processing 60k visas in a month to avoid visas going waste.
    None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
    So, why the mad rush to give out all visas by 06/30?? We all know why..

    some people say this was because of the Kennedy-Bush bill... to get good press for the bill.

    IMO that may be true, but having seen the way US works, i'm willing to bet 25 cents that some high official's bonus depended on ending retrogression. So he did it, for all of 2 weeks.



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  • ashwin_27
    11-17 04:12 PM
    Done.

    Please spread the message.




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  • EADplease
    09-21 11:56 AM
    For me, since my 140 was approved in TSC, my attorney sent 485 to TSC.

    Hi
    I have also files on the same day, how do you guys make out that your file have been trabsfered to texas and CSC, because my 140 was approved in texas and my attorney has sent the 485 to NSC , Thanks for you reply.



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  • GCStatus
    09-16 06:07 PM
    Nothing really matters as of now, what does matter is this

    http://immigrationvoice.org/forum/showthread.php?t=21393

    So Please Call

    Tell us to call, DONT TELL its doesnt matter




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  • godspeed
    07-21 08:53 PM
    I'm confused!
    I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
    Now my FP is not done and I am current next month.
    My company does only paper based filing for EAD. (Is e-filing costly?)
    Will I not get any FP notice again?
    I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..

    Does paper based filing not trigger FP? Is it slower?

    Hmm, urs is a unique case, but as far as i can tell u need to have FP done, that is the process, your lawyers may be able to help, have u contacted them?
    Paper filing is fine and its not slow, usually paper filers dont get FP notices.



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  • MeraNaamJoker
    08-21 11:02 AM
    Thanx to Libra, skidude, vkrishn, gkattalu, bindoke, andycool ....

    I feel much better. These are trying times for sure.

    Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.

    Buddy,

    This is an ultimate test from above on our patience.

    I waited for a very long 10+ yrs for my process to complete. Will you beleive that during the first 3 yrs of my application all the categories were current. The very next month when my labor got approved it went to retrogression. Before I got greened 2 weeks back, the dates became current for 3 times. I missed all 3 times. Last one was becuase of idiot lawyer (her firm is one of the largest immigration law firms in the entire country) sat on it and did not provide a required paper work.

    After that the wait got extended for another 3 more yrs. finally got it on early part of this month. With the same process I was laid off once. Ported the process out. Then second company tried to ditch me the process. Ran away from their with the process. Got really lucky. From 3rd company I was forced to take a package and leave. Got lucky there too to port the case for a record 3rd time. Filed AC21 with the 4th company. Later filed I 140 again (i don't know why. The lawyer of the cmpany insisted). Got that once also approved.
    Spend almost 38,000.00 dollars in all these various processes. After all these waited for almost another 2 yrs again and finally it arrived.....

    So each story is different. Each has got its own colors. I have worst situations than mine. Just hang in there buddy. Your turn is round the corner. It is on its way.




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  • gc28262
    03-06 04:44 PM
    Please note that this is not an IV endorsed effort. mirage led this effort of brainstorming and coming up with an action plan.



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  • sam2006
    08-24 07:11 PM
    July 3rd R.Williams 7.44 AM NSC
    140 Approved TSC
    LUD 07-28
    No CC
    NO RN

    my guess: Look at TSC Processing dates




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  • raysaikat
    08-10 11:33 AM
    I git the I-485 Approval mail on 8/4/08 - but I have not recd any CPO mail or welcome PR mail - nor have I recd the notices in the mail -should Itake Infopass appt ?

    Does USCIS have the right address on file? If yes, then perhaps you should wait for another week before starting to inquire.




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  • mygoodluck
    08-13 03:53 PM
    Guys
    Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28

    can you tell by the images of cashed checks that were they cashed by TSC or NSC... or any kind of SRC# or LIN# on them to indicated whether it was cashed by TSC or NSC?




    english_august
    07-11 12:17 AM
    A simple and easy way to spread this news would be to email the news coverage links to every one possible.

    You are right and you can mail this link:

    http://www.touchdownusa.org/floral/FloralProtest.html

    I will keep this link updated with any new reports.

    Please use this thread - http://immigrationvoice.org/forum/showthread.php?t=6305 to report all media articles - I will try to stay on top of that thread and update the main link on a regular basis.




    immig4me
    02-04 03:59 PM
    /\/\/\