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  • extra_mint
    01-15 03:11 AM
    Well majority of the people on this thread and forum is finding this as just cause, I am totally for it.

    However no one is sure if this logic will hold water. Well none of us are lawyers, thus our arguments for or against doesn't hold. Someone said at the start of this thread that let's consult some big lawyers.

    People are ready to contribute (including me) and I personally think that IV Core will be the best forum to take this up with lawyers. They already have an existing network, have folks that have participated in efforts related to legal immigration,


    To IV Core
    --------------
    Country Quota is single biggest reason for retrogression, Have you guys (in the past) discussed with lawyers if removing Country Quota for EMPLOYMENT BASED can be legally challenged ??
    If this has not been discussed do you guys think some one from lawyer forum (one that is on IV) can research on this ??
    If above research shows things can be challenged then let's get it challenged through some esteemed lawyers !!

    Also since so many people (once again including me) are ready to contribute, IV can become forum to raise money for this Legal challenge...like another pool.

    I am sure people have talked, discussed about removing country quota in the past. However I am not sure if serious effort have been made to see if this can be challenged and that is the focus we all should have.




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  • unitednations
    03-24 05:05 PM
    Your argument is that the country quotas help limit nepotism and discrimination based on national origin. However, this is already prohibited under DOL rules if you look at form ETA-750A. Therefore, if this is happening, it means there is a failure in the labor certification system to prevent this type of discrimination. Also, nepotism is not all bad as the Clintons and Bushes have been demonstrating :D.

    The country quota owes its origin and sustenance to deep national insecurities around race. It will change eventually as the makeup of the nation changes over time. In the short term we will see movement as the UK bumps up against the 7% limit.

    Honestly speaking; if the laws were followed the way they were meant to be; it would be extremely, extremely difficult to get h-1b; labor processing and 140's approved.

    Right now USCIS, DOL and consulates are really after people. Be careful what you wish for; there are a lot of things under the carpet.




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  • kaisersose
    07-14 12:21 PM
    Please find out the visa numbers allotment for EB1, EB2 and EB3 till now. Till now there is about 100k visa numbers allotment for EB3 every year due to the vertical fallout. From now on there would be around 100K allotment in EB2 due to the change to Horizontal Fall out of visa numbers. Out of these 100k EB2 visa numbers, India will get greatest share of around 50k + visas. Please see the below.


    Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007


    Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176

    First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697

    Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162

    Third: Skilled workers 34,282 --27,920--49,589--85,847-- 88,002-- 46,415-- 85,969-- 129,070--89,922-- 85,030

    Fourth: Special immigrants 6,570-- 5,072-- 9,014-- 8,442-- 7,186-- 5,389-- 5,407-- 10,133-- 9,539-- 5,481

    Fifth: (investors) 824-- 285-- 218-- 191-- 142-- 64-- 129-- 346-- 749-- 806

    See the link below for reference:

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2007/table06d.xls


    Exactly what I was saying.

    Until 2007, a large number of unused visa numbers were going to EB3-ROW. Now they will go to EB2 India/China due to the revised interpretation by DOS as posted by Gotcher sometime ago.




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  • Anand_H1
    03-04 09:52 AM
    1) Can one person have multiple H1 with different companies at the same time ?
    2) Will he able to come to US using any of his H1 ? If not, which one he can use ?

    I am having H1B valid till apr 09. I am in currently in US working with company 'A'. Now, they are asking me to go back as my assignment is over. I had signed a contract with company 'A' so I have to return and stay for 6 months there.

    1) If I transfer my H1 to from company 'A' to 'B' before going back, will I be able to come to US for company 'A' not for 'B'(if I changed my mind) ?

    2) If I don't transfer my current H1 to any other employer and and return to my country. Will my H1 visa be still valid till Apr 09 ?
    Can I come to US for some other employer without reapplying for H1 ?



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  • Jaime
    09-04 10:18 PM
    Jaime - SUPERTASTIC!!!

    don't foget to send your info to lobbyday@immigrationvoice.org

    => one more from lonestar state

    Everybody! Have you been thinking? Making up your mind? Let us help you, the decision is YES! Now, just make your reservations and come to Washington! We will help you with anything you need! Just PM us!




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  • stucklabor
    03-17 09:33 AM
    see the link

    http://thomas.loc.gov/cgi-bin/bdquery/D?d109:105:./temp/~bd3JRR::


    So, we should fight for this bill since it does not deal with the controversial guest worker program.

    Great work, Zheng0821. This is a great backup vehicle for EB provisions.



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  • rajeev_74
    07-06 09:02 PM
    Did you get the email today that it was rejected? Also when did the package reach USCIS?

    Updates:

    I got an email from my law firm, that my packet was refused to be accepted by USCIS.
    I received the email from my law firm (Monday night - July 2) that:
    Please note however your case was sent to Nebraska last night and did arrive - we tried!

    Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!

    I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............




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  • desi3933
    03-21 08:04 AM
    The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.

    This is incorrect (highlighted in Blue above). Just because new H-1B petition is approved, old I-797 is not canceled. Again, gapala, understand this, if old I-797 is not canceled, beneficiary is authorized to work for old employer for I-797 validity dates. Unless, Employer request to cancel H-1B petition, employee can come back to work for that employer even after starting working for Employer B.

    Gapala - One more time, during the validity dates of I-797, employee working for old employer is not "unauthorized work". OP was authorized to work for "Employer 2".

    If its a transfer, your I-94 "number" will be same. Check to see if you have same I-94 number on any or all or atleast 2 of your I-94's including the one which they provided you at POE "across" any of your employers (1, 2 and X).

    As I stated beore, matching I-94 number does not mean much. I-94 number will be same for cases of change of status from, say, H-1B to B1. On the other hand, I-94 number could be different for H-1B transfer.

    Gapala - I have noted that you provide lot of incorrect info in your posts. Please be careful in what you write.


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • Totoro
    05-15 06:22 PM
    I also missed out the stimulus payment due to my wife's ITIN. Bollocks to FAIR...

    Hopefully we can make it backfire on them.




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  • chanduv23
    09-20 12:15 PM
    Paskal,

    Personally, I feel state chapters is a not-working concept. Having bigger chapters like TriState, Midwest... and better still 'East Coast chapter' is a face saver until we have sufficient numbers. There should we a minimum threshold say 40-50 [I'm keeping it low] members to sanction a state chapter.

    I question why there should even be a MI chapter, when there are hardly 3-4 (am I exaggerating?) active members and the newsgroup is dead for all purposes? It's depressing and demotivating. We are better off in bigger regional groups until we have sufficient numbers to justify a chapter [ supply to follow demand, and not vice versa].

    Right now, active members in not-so-active state chapters feel abandoned. They don't have an active chapter, and active chapters in other states don't want them ( go to your own). For e.g in there was no MI chapter, I would be a member of Midwest chapter or East Coast chapter, adding numbers to those.


    State chapters were formed earlier. Then at NY, tikka came up with a brialliant idea of clubbing nearby states so that numbers rise. So we formed Tri State chapter.

    We do have close to 80 people in the list and is growing, and PA members now have been able to revive their chapter.



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  • mhb
    07-05 11:42 AM
    http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants


    PLEASE DIGG!!!
    DUGG!!!




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  • jazzy2
    06-14 10:29 AM
    Now i wonder, why would the USCIS want everyone to file before July 30th 2007. when they could have waited for a month and got all the extra money?

    Congratulations to all. This looks like a miracle.

    All
    Charge-ability
    Areas
    Except
    Those
    Listed
    CHINA-
    mainland born INDIA MEXICO PHILIP-PINES
    Employ-ment
    -Based

    1st C C C C C
    2nd C C C C C
    3rd C C C C C

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html



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  • senthil1
    06-10 11:03 AM
    I did not know your case particularly but many people like you I know got their I140 cleared and filing I485 now after PD is moved. Still skill bill also does not have anything for persons like you that is you have to wait for your labor cleared. Any bill gives solutions for the persons like you or any lobbying going on? As for as I know no lobbying for these cases like these. Only thing we can do is request BEC to process fast by allocating more funds

    First of all, it is not "my" case. I have been waiting in line for my green card for the past 5 years with my labor stuck in BEC. So, under the current CIR draft, I will be one of the biggest losers as I have not filed for my I-140 and so, my whole application will go down the drain after 5 years of time, money, energy and emotional stress.

    How do you come with a math where I will be able to get a GC immediately after 5 years if I apply under the points system? Did you even read the draft bill? How will I or anybody else for that matter, manage for next 5 years without a GC when they are squeezing out the H1B (fee increase, removal of dual intent etc)?? Next would be the per country hard quota that will put us in an eternally long line.

    I would definitely compare the current mess of a EB based system with the untested point system and take the current system any time as it is a known devil. The merit system is no angel either. Atleast in the current system, if I wait long enough, I know that my turn will come.

    How do you know that process delay would be minimal? USCIS's current delay is not because of process, it is because of the sheer volume of applications and lack of man power. The PERM system takes one month. If you pay premium processing, it takes them 15 days to clear your I-140. So, where is the delay in process? All the delay is from the past backlogs which this bill fails to address and at the I-485 stage where they have to do background checks. That will exist in the points system as well. After you discover the problems in the point system, what will you do then? Ask for another CIR bill??

    You don't have to tell what "my" case is. I live my case...




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  • CaliGC
    06-14 03:17 PM
    Vinn,

    Here are just a few that I can think of rightaway.

    1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.

    2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.

    3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.

    4. Fee of EAD is being hiked to $340 per year.

    5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.

    6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.

    On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.

    EAD allows you to work any type/number of jobs that is the big PLUS though!

    TIA



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  • svam77
    07-19 10:44 PM
    I agree 100 %. But even if the officer wants to know about out I 140, it wud be just a 1 min process for them as they can check if a recipt was generated based on the names.

    If we put the copies of the fee checks, that would help even more because that means that our I 140 application was accepted.

    With tracking receipts, cheque copies and a letter, I believe we would be able to establish evidence that, 140 was received by the service center.

    Totally missing out on showing that I 140 is filed is no evidence at all. Showing every possible document to prove that the docment was filed, should be do the work.

    Anyways since there are so many hundreds of people who filed I 140 in the recent days, I believe some alternative from USCIS wud show up in the next few days .......




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  • neverbefore
    10-06 12:51 AM
    Check this article out people: Why Indians don’t give back to society - Culture - livemint.com (http://www.livemint.com/2009/07/02203128/Why-Indians-don8217t-give-b.html)

    What do you think?

    Regards



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  • lost_in_migration
    05-30 06:44 PM
    On Thomas most of the amendments were ordered to "lie on the table". If these amendments are not considered most of the sponsors & co-sponsors of these amendments may not support the final bill. That would be a good thing for us. Blessing in disguise!!

    According to thomas this amendment was ordered to "lie on the table". So there isn't much to celebrate:( :( :(




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  • nik.patelc
    09-30 09:34 PM
    Dude you brought up the point of being a proud donor. Nobody gives a hoot if you donate or not.
    You are doing it for yourself and not for humanity.
    Get it right!

    And the way you behave shows what kind of background you have (UP/Bihar)
    So just grow up and learn how to respect others!!!

    Arunmurthy, Please dont drag UP/Bihar. Bihari are proud indian too. I am not bihar but narrow minded guy like you talk all this nonsense. People from south may be educated, techy but very discrimating and hyprocrate. Most sound indian just hang out on their identity group and we all know if non south indian and south indian go to interview for tech job and person taking interview is from south, who gets job?




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  • delhiguy79
    07-18 09:32 PM
    if u dont ve employement letter, u can give salary slip, w2, offer letter etc. but if u r not workin for the company i think u ve to show some future employement letter.

    Again u need to ve the 140 receipt notice for filing 485 is still a question for u as well as...........




    walking_dude
    10-05 09:14 AM
    Amit:

    I understand your concerns that if there's a huge crowd, nothing will come out of it, in all the din created by the crowd and everyone throwing their suggestions.

    Right now the question is hypothetical as we don't have a overwhelming confirmations of 100+! Even a crowd of 25 is okay, if we can reach that number. Since this is the first ever MI level meet, I will be surprised (and happy too) if we cross 25-30.

    If it's 100+ a new level of pre-planning will be necessary. Our leaders ( cagedcatcus? chintu25?) will need to book a hall, set a clear and focused agenda (so that we don't lose focus), get IV core to address us by telephone/speaker phones, they can even persuade an Immigration attorney (trying to reach out to future clients) to address our questions etc.. It will be a different ball game! It can be handled effectively without limiting numbers.


    I think for first meeting 10-12 are enough. Let us meet and decide upon the strategy to have more people. I would prefer not to have lot of people in the first meeting.




    gc_maine2
    06-13 08:21 PM
    Congratulations !!!!! what a great news waldenpond.

    Everyone please take a moment to Applause the IV core group for every effort they made since its inception.

    Thanks
    Sree

    Congratulations to all IV members for being able to apply for I-485. This is GREAT news. Please please apply for your I-485 at the earliest. It would be best if your application reaches USCIS in the week of 2nd July. Here is the link to July Visa Bulletin:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html

    Remember that you have to be in the country to apply for I-485. We may soon have lawyer�s information on our website to answer your questions in real time. Not sure till the time we get confirmation from the attorney but IV is working on this and may post this information soon.

    This is GREAT development!!!!

    IV Core Team



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