Thursday, June 30, 2011

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  • looneytunezez
    11-17 05:36 PM
    Sent email to senators and congressman for both me and my wife.




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  • reddymjm
    05-02 02:57 PM
    HAHA, true, and reddymjm should be made acting deputy director for this effort like Mr. Aytes.
    I'm glad that he re-edited his language in his previous post!

    You and I would not be here. You would have got ur GC long back ha ha haa haa




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  • maverick_joe
    05-02 11:41 AM
    I just gave you one! can you please return the favor? :)
    talking abt red and green my friend reddymjm got totally pissed by my previous post and gave me red..loser!


    Why arent you tempted to give me green though :)




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  • nixstor
    07-07 10:16 PM
    I think we should have a poll for DC rally and it should be on IV home page so that every visitor know about it and poll.


    There are a lot of people in DC like me. The permissions depend on which part of DC we want to rally.

    Do we want to rally around the capitol meet congressmen and senators in the immigration sub committee?

    Do we want to go to offices of USCIS and DOS and request to consider the first VB?

    As some one has said, there has to be a poll on the home page and if we have to tip off media ahead.



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  • jsb
    11-02 11:56 AM
    I was confident on this before, you have just made me super confident.

    I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
    cjain:

    Necessity of 2nd I-140 (if original I-140 denied after 180 days) by new employer is a bit vague and debatable. That's why there are different opinions. For argument sake, if 1st I-140 is approved after, say 360 days, and the beneficiary is already working for the 2nd employer (after waiting for 182 days), what is the sanctity of 1st employer being willing and capable of hiring at this time when there is no intention of beneficiary to work for him.

    Bottom line is (I am contracdicting my own argument of previous post), longer the USCIS takes in approving 1st I-140, less is the need of 2nd I-140 by the new employer.

    There are always grey areas in law, otherwise we don't need lawyers:).




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  • Winner
    11-18 08:53 AM
    Did my part



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  • chmur
    07-28 12:33 AM
    No one can realistically claim a moral high ground here - neither EB2 nor EB3. and that includes me too! Each one of us here are looking for self interest, period. No amount of calls to empathy/sympathy/solidarity will change that.

    For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?

    So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.

    Agreed. The resource(Visa numbers) is fixed and scarce. so it is natural that everyone will fight with whatever they can to access them , unless the resource is expanded (Recapture)

    EB3-I will be foolish to expect EB2-I's to help them out .

    IMO, IV has sensed this and maintained a dignified silence . They really cannot take a position on this and still function as objective forum .

    I think none of us should force them either ...IV has larger objective of increasing the pie and we should all support it.

    Where i disagree is why should EB3-I lobbying should split IV . I see no reason in that.




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  • gcstudent
    08-31 02:43 PM
    How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.

    you sure look different... yes, there is a different quota for people like you.. You should check with your lawyer.



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  • supreet
    07-08 04:02 PM
    Hello All,

    After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.

    Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?

    OR

    Is being on 1099 while on EAD a bad idea and I should stay away from it?

    Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.

    Thanks all for you replies!!!

    - S




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  • akhilmahajan
    02-12 12:26 PM
    bump..............



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  • unitednations
    03-08 03:17 PM
    I agree that legislators are very aware of the difference between the H1b issue and the green card issue. Yesterday on CNBC, Larry Kudlow interviewed Sen. Grassley from Iowa on this topic. When Larry was asking about these workers contributing to society, buying homes, starting companies etc, Sen. Grassley told him he was mixing up two separate issues. Basically he only wanted to talk about the H1b issue.
    The sad truth is these guys(like Sen. Grassley) are anti immigrant period(they give you all the blabber about I am 3 generations separated from immigrants etc. but that is quite simply them satisfying their conscience/the public conscience on this issue, I always wish the interviewer is an American indeginous Indian), and instead of saying so openly, they combine the issues when convenient and separate them out when not so. I agree with you that it is not because they are not aware. Right now their focus is on stomping out fraud, he mentioned cases of people coming on H1b and running laundromats, or working in different locations to what they are certified(ouch). The new quota that opens up on Apr. 1 will indeed be a watershed. I am expecting really restrictive and nasty legislation in time to greet this. I truly hope for very few applications, so the Hon. Sen. understands that this is a demand driven issue for the most part and fraud where it exists can be addressed but not with blanket legislation which effects can be unintended.
    Nonetheless this issue of Country caps has become so draconian that if indeed the US changes its policy and institutes country caps on H1bs as your posting suggests they might in the end, then we will have things go in a certain direction.......protectionist, and there will doubtless be backlash. As it stands the current insensible policy is such that people come on H1b, settle into a job, have their US citizen kids, accumulate enough social security credits, savings etc and then facing an inordinate wait, perhaps even have to leave, what do you think the result is going to be? Well, the return to India where US employers given their US experience/education are more comfortable hiring them hence more outsourcing, then their US citizen Kids return for Gov't aid/loans to college, then they sponsor their parents to come in and receive social security and medicare etc. while their working contributions and taxes would have accrued to another country. Really? Does that sound like good policy?
    If the US chooses to Cap Indian H1bs fine, let it be, however continuing such policy only leads to and effectual ban on EB green cards for Indians.

    Very well written. I can tell you through my observations of living in this society for 35 years:

    1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)

    2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)

    3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.

    4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.

    5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).


    Now I don't want to get people upset but let's look at some things that have happened since 2005:

    There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.

    In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.

    In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas

    Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.


    Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.

    Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?

    This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.




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  • desi3933
    07-08 04:44 PM
    << Duplicate Post >>

    .
    .



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  • cbpds
    02-09 12:17 PM
    Guys,

    why are u arguing whether to go back to India or not, just go if u want to or else stay and keep quiet..

    There is no need to wash India's dirty linen in public here.every country has their own issues, that includes US as well.

    Admin, can we please DELETE this thread and be done with this.

    Moreover why cannot a person going back to india just go back quietly instead of posting it here unless he has issues been stopped as the Immigration counter in India.




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  • sanprabhu
    11-18 01:00 PM
    Should we do call the sponsor of this act? The dream act supporters list the senators that are on the fence, and urge them to call and I think we need to start call the main players like Reid, Schumer, Menendez to get them behind our provisions. Calling Durbin is probably will not work but we never know, thanks

    Sandeep



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  • Ramba
    07-09 01:09 PM
    Any suggestions?

    Working on EAD for a short time, even in a different occupation, with 1099 is not an issue. However, this will not satisfy the requirement for 485 approval. You must have a valid fulltime, permanant job offer in the same or related occupation at the time of 485 approval as well as when they issue a RFE regarding your employment.




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  • nixstor
    07-07 10:12 PM
    That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.

    1. Will they make the July visa bulletin current again?
    2. If not, will they allow everyone to file for EAD and AP?
    3. If neither #1 nor #2, will there be any financial reimbursement?

    Regards,
    Jayant

    It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.



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  • jsb
    08-30 04:38 PM
    Got the receipts for 485 applied on July 2nd to NSC. NSC--> TSC transfer. Notice date of 8/23.

    That is good news. Did you enter your id in the system and check if EAD/AP are in the works.




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  • dingdong12
    11-18 07:15 PM
    for me and the wife




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  • sunny1000
    02-01 01:36 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!!

    wish you the very best in your future endeavor (In Tamil: ungal vazhkhai payanam inithaga amaiye engal vazhthukkal!)




    man-woman-and-gc
    09-15 11:36 AM
    GC Status:

    I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.

    I will give 200$( 100$ for me and 100 $ for my wife)

    Ofcourse all categories are included...EB2/EB3, I/C/ROW...anyone who is unhappy with USCIS random processing and retrogression of the dates is welcome to join the fight.

    Whoever thinks they are in: please send ur Name, Ph# and email ID to GCSTATUS or me.
    We are not collectiong money yet..just a pledge. As soon as we hit the required # of pledges, then we start the money collection. This will ensure that it is not one those efforts that starts, but gets buried due to people not participating. If we do not have enough people interested to fund a lawsuit...we don't move forward....simple !!! The helpless situation we have been put into...has to be backed by numbers.




    gc28262
    08-26 05:21 PM
    Does anyone know?

    I think you can apply for H1 extension as early as 6 months before the expiry.
    Your company would definitley know that.



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