Monday, June 27, 2011

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  • sanju
    04-07 01:52 PM
    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.

    Here is why -

    People who drafted and proposed this bill wants us all out PERIOD. They don't care if we are already on H1 waiting for our green card or if it is a new H1. The restrictions want us all OUT. Some people on this forum have elitist attitude (alias, I am not referring to you here, simply making a point after reading some of the post) because they either do not work for the consulting company or they are have Masters from a US Univ. Big deal�. If this passes, these people will elitist attitudes will soon realize what they would be up against.

    IEEE-USA and Ron Hira et al say that they want to speed up the green card process but they oppose H1 visas. However, for whom do they want to speed up the green card process when they don�t even want people on H1 in US and are proposing a bill to systematically purge us all from US.




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  • pappu
    03-23 11:45 AM
    How did you verify if the call was really from Immigration services?




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  • gc_chahiye
    08-02 07:38 PM
    People always read what they want to read.

    Read the memo and they always mention "intent", "good faith".

    USCIS always leaves significant wiggle room for themselves when they want to deny cases.

    ouch. there is always uncertainty, all steps of this gc process :(

    thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.




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

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

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

    I appreciate your help on this.

    Thanks
    -BMS



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  • Jerrome
    08-07 04:57 PM
    Menu
    -----
    Waiter: I've stewed liver, boiled tongue and frog's leg.
    Customer: Don't tell me your problems. Give me the menu card.

    Gangster's son
    --------------
    Q: What did the gangster's son tell his dad when he failed his examination?
    A: Dad they questioned me for 3 hours but I never told them anything."

    Dinner
    -----
    Wife : Do you want dinner?
    Husband : Sure, what are my choices?
    Wife : Yes and No.

    Wife
    ----
    First guy (proudly) : "My wife's an angel!"
    Second guy: "You're lucky, mine's still alive."




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  • natrajs
    10-01 09:30 AM
    If Obama becomes Prez

    1)Sen. Durbin will play major role in immigration policy which may take us to Stone Age.
    2)CIR is only resolution for the immigration ( Bills like HR 5882 will go away)

    If McCain becomes Prez

    1)Anti �immigrant lobbyist will take center stage and will not allow CIR to pass through
    2)Smaller measures like HR 5882 will have chances to pass through

    This is my opinion and it may differ from others. Its like catch 22, I have very little hope on either of them, more over based on the current economic situation. whoever the prez their focus will be on fixing the economy rather than immigration - my 2 cents



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  • grupak
    07-13 01:40 PM
    If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
    Perhaps the person drafting the letter can explain their rationale on including this in the letter.


    First off, we are here to get our GC faster so the effort is commendable.

    However, I was also wondering about the old interpretation of the law. After the EB2-ROW numbers fall through to EB3-ROW and presumably make it current, the excess numbers go to EB2 China and India or does it go to EB3 China and India? Glad that someone else also caught this.




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  • gc4me
    08-11 04:33 PM
    Two office colleagues, a British and an Indian are having their lunch in a restaurant . The Indian says," You know my parents are forcing me to get married to this so called homely girl from a village whom I haven't even met once. We call this arranged marriage. I don't want to marry a girl whom I don't love...I told them this quite openly and since then I have a hell lot of family problems."

    The British said, "So you think there are no problems in a love marriage?...
    Let me tell you my story. I married a widow with a daughter whom I deeply loved and dated for 3 years. After a couple of years, my father fell in love with my step-daughter & married her and so my father became my son-in-law and I became my father's father-in-law. My daughter is my mother and my wife became my grandmother. More problems occurred when I had a son. My son is my father's brother and so he's my uncle. Situations turned worse when my father had a son. Now my father's son i.e. my brother is my grandson. Ultimately, I have become my own grand father and I am my own grandson. And you say you have family problems.... Give me a break!!"



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  • alien2006
    07-14 03:03 PM
    I wouldn't use the word slave so calously. We on H1s are not slaves, we have some restrictions but we are not slaves. I think you need to see some good documentary or better yet read books on slavery.




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  • abracadabra102
    07-14 07:28 PM
    We are old horses fo IV and dont have an agenda against any particular groups or category..all that we are trying to highlight is that our situation since 01..that's it...that having said the people will who are have been objecting to this will get thier GC's this time and will be gone ...and we in EB-3 2002 have to wait for another 2-3 years to get out turn..Can you imagine our situation..So please support this initiative...send out the letters...

    God bless us all!

    pani,

    This is what you have in the draft letter.

    "Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."

    Do you have any evidence/reference to back this up?



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  • sundarpn
    07-13 12:05 AM
    Just curious if this is being endorsed by IV?




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  • Rolling_Flood
    08-05 09:00 AM
    Show me where it says in the law that a "person's eligibility decides EB1/2/3"?
    Your job demands an EB3 and no higher, thus your company filed an EB3.

    If you think you should be EB2 instead, then find another job or another company. What do you not understand?

    And please refrain from using foul language, this is my first, and final, request to you, sir.

    I am not anti-immigrant, just anti-porting and anti-interfiling.

    As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.

    "GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?



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  • gc_on_demand
    08-05 02:21 PM
    Solution to all this is HR 5882. Even if will not make date current for all it will clear major backlog so people will see some hope in next year

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




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  • iwantmygreen
    04-14 04:49 PM
    When I was a kid I lived in a very small house (flat) with my parents. Now I look back & realize that was the happiest time of my life. We didnt have much money. My parents gave me lot of time & love. For a kid what matters the most is the love he recives from his parents.

    I think personally we shouldn't make a statement "Our kids will have better lives in a house". If owning a house means you will give your kid less time then its a bad idea to own a house. If you will give your kid the same amount of time you will in an apatrment then buying a house is alright. The idea of owning a house depends on your financial situation rather then being able to give your kid a better life in a house.

    FYI: I own a 6 BR house.



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  • Marphad
    12-17 02:48 PM
    I never commented Muslims as terrorists and even don't believe so. If you read the title again, it clearly says "I hate converting terrorism to muslimism" - which few morons like Antulay are doing. They are actually indirectly trying to imply that.

    If I meant anywhere that I have problem with muslims, believe me it will be writing issue. Yes, I do have problems with people who are Indian citizens but support Pakistan and terrorism.


    What is there in his remarks to be so 'terrorised' about? Where is 'Muslimism' here?

    I hope as far as there are people like you and some others who commented as if 'Muslim means Terrorist' (but you won't tell that directly), there will be more terrorists; and it is quite understandable.




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  • unitednations
    07-08 10:41 AM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.


    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.



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  • Macaca
    11-29 08:39 PM
    Trade groups question new lobbying law (http://thehill.com/leading-the-news/trade-groups-question-new-lobbying-law-2007-11-28.html) By Jim Snyder | The Hill, November 28, 2007

    Trade groups like the U.S. Chamber of Commerce say a new lobbying law could require the release of their member lists, violating freedom of association protections granted by the Constitution.

    The Chamber, the National Association of Manufacturers (NAM) and the American Society of Association Executives wrote Senate Secretary Nancy Erickson and House Clerk Lorraine Miller on Wednesday asking for clarification in how the new law will be applied.

    The potential problem relates to a section in the Honest Leadership and Open Government Act of 2007 that would impose new lobbying disclosure rules.

    The trade groups said Congress wrote the section of the law to shine light on so-called �stealth coalitions� that often use innocuous-sounding names to anonymously represent specific industries.

    But the imprecision of lobbying definitions in the law could mean disclosure requirements would fall on a variety of trade groups, the groups said in the letter.

    Groups that fail to accurately disclose their lobbying activities now will face criminal penalties, the letter also notes.

    �The price for being wrong is extremely high,� said Steven Law, senior vice president and chief legal officer for the Chamber.

    The letter was signed by Law; Jim Clarke, senior vice president of public policy for the American Society of Association Executives; and Jan Amundson, senior vice president and general counsel at NAM.

    The lobbying law, passed in response to scandals surrounding Jack Abramoff and ex-Rep. Randy �Duke� Cunningham (R-Calif.), would require disclosure of any organization or entity that �actively participates in the planning, supervision, or control� in lobbying activities and contributes more than $5,000 per quarter for those efforts.

    The �breadth and vagueness of the provision� require further clarification in how the new law will be applied, the letter stated.

    The groups noted Supreme Court rulings that they say prohibit the government from forcing groups to disclose their membership without a compelling government interest in doing so.

    �We take seriously the constitutional rights of our members to associate freely without government looking over our shoulders,� Law said.

    Brett Kappel, a campaign finance and government ethics lawyer, said Congress wrote the provision to target ad-hoc associations that are formed to lobby on a particular issue.

    �These typically spring up when there is legislation that would have a major economic impact on a small number of companies from a specific segment of the economy. That�s when they form the Coalition for Apple Pie and Motherhood and lobby against it,� said Kappel, who practices at the firm Vorys, Sater, Seymour and Pease.

    The new law �wasn�t designed to get at trade associations,� he said.

    Law said the lobbying law gives the clerk and the secretary broad powers in implementing the new requirements. He said he expected further guidance from those offices by Dec. 10.




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  • dealsnet
    01-08 12:18 PM
    You are furious about Mumbai tread?. Mumbai is heart of every Indian. Kashmir is our head. We cannot sit idle and tolerate our heart bleed.
    If you offended by mention about Mumbai and terrorist, I am sorry.
    Anger about the terrorist and their supporters in the name of religion.
    See the previous posts have links in you tube, and find out the way the kids are trained for hatred.

    You are best example of hypocrites and double standard:cool:. You will be very successful in your life, take my words.....

    I read your all post, the above post just makes me confused. How could you just bash one community , their beliefs ,make fun of their Prophet Mohammed (peace be upon him and all the prophets ), his teaching , saying the that Mohamed has fooled his followers , let him , we want to be fools what can you do about it? and then later come up with such a statement.
    If it makes you furious , so does it to us.
    How do you justify your anger and hatred towards one community.

    I used to be very involved in all the immigrationvoice.org matters. When I was in a small town in Florida( moved to another city), there were lot of Indians unaware of immigrationvoice.org and immigration issues. I did lot of efforts to educate them and made them aware of this site and its efforts. My wallet and heart was always open for immigrationvoice.org . But after Mumbai attacks and this link, I can see the hatred towards my community.

    people have justified the killing of small kids saying that let them die today anyhow they are going to be terrorist in future. Pathetic, sad to hear this from so called highly educated people..


    I am out of this discussion , out of immigarionvoice...
    Peace Amen !!!!!




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  • nojoke
    04-13 01:37 AM
    or for those who intend to buy 2 - 3 houses for investment. This is a superb link (since picture is worth more than thousand words). honestly speaking - the delay in GC has saved me (and people like me who wanted to wait for GC before buying a house).

    greed has no bounds:D. i bet they will never sell these even now, thinking the rebound is just months away. They will hold on to it and then eventually will be foreclosed :(. They drank too much of kool-aid from realtors.




    unitednations
    03-26 09:24 PM
    Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.

    Stating the obvious: Your attorney was a knucklehead?

    USCIS hasn't gone to zero tolerance on 140/485 so it is doubtful that you will get such a query.

    Are you still on H-1b?

    If you want to bullet proof yourself then do an eb2 labor now; port the priority date and then inter-file the 485 or file new 485 on eb2 140 which would have been done appropriately. You can get your greencard dependency on the new 140 without losing much in terms of waiting and getting peace of mind.




    rajeshiv
    07-10 01:04 PM
    That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.

    I 102 is more for replacement of an I-94 card.

    However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.

    In situations such as this; it is better to go back out and re-enter with proper company h-1b.

    In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.

    Hello United Nations..

    After looking into above message...I have some doubts, could you please clarify them.

    1. In order to file 485, the person must have a valid visa in his passport?
    In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?

    2. What is auto revalidation?

    I appreciate for your answers.

    Thanks
    RR



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