Tuesday, June 14, 2011

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  • Gravitation
    05-31 07:33 PM
    very funny! :D

    That's why there is a saying that you should never watch sausages and laws being made.

    The Cantwell amendment and Lieberman amendment will fail to pass the vote. It doesnt matter whether its ordered to lie on table or whether its ordered to take a nap on the table or have some lemonade on the table. And it doesnt matter what any of those "Motion to... " means.

    Both of those amendments, if debated, will fail. It will take 10 seconds for Bernie Sanders, Ted Kennedy and Dick Durbin to scream on top of their lungs and kill it. And the reason is very simple. There is a massive H1B exemption ON TOP OF 180,000 QUOTA. People who have been so successful this year so far in restricting H1 and employment based GCs are not going to miss that nice little H1 exemption at the bottom of both these amendments. So stop scratching your heads over what the "lying on table" means, because whatever is lying on table is unpassable if it somehow awakes from the table and starts dancing in the well of the senate floor.




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  • tinamatthew
    07-18 03:23 PM
    Is there a thing called Double Ban? If there is ban this self centered piece of crap again.:mad:

    What is BEC? Maybe I don't understand. How can someone on BEC with PD 2005 not get an EAD b4 a PD of 2007?

    Pls enlighten me

    Thanks




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  • lonedesi
    06-13 01:06 PM
    But will the duration he was with company B while the petiton was pending with USCIS be considered as out-of-status if he returns to company A now? Also his H1b for company A expired while he was away at company B. Will his petition now be considered a transfer back to company A or will it be considered as a new H1 as it had expired few months back?




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  • zoooom
    03-13 04:53 PM
    Well...I am one of us stuck in EB3. I do qualify for EB2 but my employer choose to file it under EB3. I recently invoked AC21 and moved over to a new employer on my EAD. Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?



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  • mohican
    01-15 09:16 AM
    Hi RajuSeattle--

    You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

    Please note the response I got from the attorney of my previous employer (the one who revoked)

    This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

    Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

    I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.




    Mohican,

    From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.

    I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.

    Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
    or for some other reason revoked your approved I-140.

    If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.

    Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.

    Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.

    Technically you can not use EAD until they restore your I-485 petition.

    Wish you good luck and hope you will have a successful outcome.




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  • gc28262
    03-20 07:31 PM
    OP was never out of status as he was working for one of the employers on proper work authorization all the time. The only question is whether employer X canceled H1 ?Even if they didn't, it is employer's problem not OP's.

    Anyways it is better to respond to this query through a lawyer.



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  • reddog
    07-17 05:45 PM
    I am sorry you feel like that about IV core. I am not a CORE member so I can't speak for them but if you have spent a basic amount of time following and more importantly taking part in IV initiatives you would not have "decided" that IV is promoting "EB2" agenda simply because there is no such agenda.

    I am sure you noticed this but if not, this is a free speech and membership forum and IV is not made up by pappu or paskal but each and every one who tries to make some difference by participating in the action items.

    If you think that there needs to be IV initiatives that better suit your needs, you know what...lead it...set up action items....organize like minded folks. IV is setup for that. It is easy to just point fingers and put out statements based on your negative perception, if you really feel so bad about this phantom EB2 agenda, how about doing something constructive through IV.


    Yes, what I posted was meant to be hard,
    ask a EB3 person if he was happy when EB3 was available and Eb2 was not.
    Did any one try to justify the reason why EB2 was UNAVAILABLE? No.

    Did anyone here feel unhappy that EB2 moved so nicely? No.

    Then why are we not seeing a single post from anyone which says we as aspiring immigrants are not being failrly dealt with when EB3 did not move with EB2.

    Instead we see posts about why EB3 is not moving and explanation of reasons behind it.

    Is there a hidden agenda here, NO. Not from IV, am i trying to prove something like that? I dont think so.




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  • 485Mbe4001
    08-21 02:37 PM
    I have really had good experiences when i renewed my passport, my wifes passport and also when i applied for my childrens PIO card. On each ocassion the documents arrived before time and the service at the SFO consulate was great when i called them with a concern. On all 4 ocassions i use the $20 option to get the document by Fedex. We spend thousands on the recurring nightmare at USCIS, $20 for peace of mind is not a big deal.

    I have also observed that we tend to get overly agressive when we talk to indian govt officials here. I think we expect bad service and we mentally prepare ourselves to fight. I am not saying that all do this but some of my friends did concur with the thought. There are many geuine cases where there is a problem, as some desi govt officers are sticklers for making sure that forms are in 'order'.:D



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  • dgs
    06-14 06:14 PM
    This is really great news!!

    I have a labor approved. Not yet filed I-140.

    Can I file I-140 and 485 together now?

    Does it matter if I-140 is filed as premium or regular if 485 can be applied for along with the I-140?

    Also, I called in the USCIS number (202) 663-1541 that has the recorded message with the priority dates. The ones that are employment based are not all current for India. They are not the older dates too...something like 2005 for EB3 India (unless I was too excited that I didn't hear it right!)

    Are all employment based categories for India really current?

    Thanks...




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  • nk2006
    09-13 06:36 PM
    If the media holds Obama to the same standard as they do the republicans, you will see the democrats crumbling faster than a cookie.

    There is so much hypocrisy in the media. If women vote for Sarah Palin it is wrong because you voting her just because of his gender. But oh, if you are black and dont vote Obama, then you are the most odious person living in this world. How will you explain your kids that you did not support a black person for presidency? This kind of duplicity is keeping Obama look good in the eyes of people. Throw off your goggles and you will see the same issues with Obama that you see with Sarah.


    Also, so many low intensity criminals are asked to do community service, that does not qualify them to become the president of US. And what happened to his moral fiber when he changed his opposition to the telco immunity bill and voted so that he does not look bad on security issues? Did he use that fiber to get rid of his constipation issues??

    Oh...Comm'On you seems completely sold onto typical propaganda now.

    Lets just keep the Rep and Dem propaganda lines aside. You and me are non-citizens without a vote so we can afford to be on the sideline and have an impartial opinion. Now with that attitude think about the two contenders. I liked some aspects in both, McCain seemed like a great guy with a great story (POW et al) I liked the way he initially backed CIR even though most of his party men opposed it; I liked the way he started supporting Bush when everyone else in the world is hating him and gave the support for troop increase. But of late his campaign has become sleaziest...all lies. They took one vote of Obama out of context and say that his only contribution to education is sex education in KG. They showed Obama as the reason for increasing gas prices etc. Even I can see how idiotic these claims are and McCain is still supporting them. Then his whole equation with Bush - he is using his connections for fund raising and accepting his support but publicly acts as if he is running against Bush. This whole republican propaganda machine projecting Palin as next best thing in US politics is laughable. She does not have any experience and whatever little experience she has - she seems to have abused it. Well she does look good and seems to have fired up their cadre - that is good enough for them. Of all McCain's shortcomings - his choice of VP is most horrible - its a purely political choice. Nobody is complaining about women voting her (actually none of women's organizations vote her as her extreme right wing opinions) - the problem is republicans wants people to stop thinking about ISSUES and think who is reposible for this state and think about who is better to solve them - they just want people to think about pigs, lipstick, moose, sex, kindergarten, etc and vote enmasse to Palin (note they gave up on McCain already that is why this sensationalism on a VP).

    Obama side - yes he is inexperienced (and infact I liked Hillary during primaries) but atleast he is running a very honorable campaign and convention. He is atleast talking about issues. The notion that journalists are light on him so .... over ... and so primary time theme. If there is a Palin like issue on him (say he is involved in firing someone; or exaggerating facts about her opposition to bridge to nowhere; or even about family with a teen-aged pregnant daughter) the press would have been on fire just like when Rev.Wright was an issue. So dont say that press is light on him. About the race - you may not see everything open in our offices but yes his race is a main reason why he is still backward in polls if Obama with same policies and same charisma and same experience level and background is a white guy he would have run away with this election already. Whether we like it or not race is a factor and it works both ways. The thing that I dont like about Obama is the fact that dems are still didnt close this thing - the state of economy, an illogical war, an all-time low popularity of incumbent president who belong to other party - still thing is not closed. I truly think that it would have been different if Hillary is the nominee.

    About whether community organization is a reason enough to become president - on the same token we can ask - whether crashing your plane in a war is reason enough to become president. Ofcourse not - both of them have enough strengths to came to this point than being onetime organizer or onetime POW. As someone in the sidelines - I like them to see to run this campaign in a honoroble way and discuss real issues rather than rake up silly/idiotic/dumb/fake issues. Both initially seemed promise in running campaigns in that way but of late McCain/palin went off the line and its slowly becoming a mug-slinging match. In that respect I started liking Obama more.

    On immigration related issues - especially EB related issues - I think none of them can make a difference. We need something to be done in congress and personally I think that probability of something happening next year is very low (that is why HR5882 is so important for us - its right time and if we miss it we have to wait for another couple years maybe).



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  • EB3IFiasco
    03-05 10:05 PM
    The letter is a clear indication that Dept. of State and USCIS are not in sync. The concept of priority date apparently is only used by DOS and not the USCIS. God knows how PDs cutoff's are determined given this incoherency between USCIS and DOS.




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  • GCapplicant
    06-25 10:40 AM
    Called the number ...Lady was aware of the calls and noted down the bill numbers and has taken down name and address.



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  • needhelp!
    01-06 12:27 PM
    Last update from IV Core about administrative fixes talked about EAD duration being extended to 2 years, but never saw anything about 2 year AP decision (It would have been good though).

    I must have missed it, but wondering if there was any USCIS announcement/FAQ out there for the 2 year duration decision?




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  • paskal
    06-23 03:16 PM
    That is great and is exactly what the doctor prescribed. Lets try and get the Congressman to make a positive decision. Every call counts!

    the 21st district appaers to include san antonio and austin
    any hope of someone going to the office for a meeting?



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  • walking_dude
    10-05 11:00 AM
    Laissez les bons temps rouler. ( Let the good times roll)




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  • new2H1&GC
    08-04 09:29 AM
    Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
    1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
    2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?

    Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
    So my third question is
    3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?


    Again THANK YOU for your replies, it's a BIG HELP!

    I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.

    However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.

    In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
    I recommend you ask an attorney for your specific case.



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  • BharatPremi
    03-14 01:39 PM
    What about cases in 2004? not many?

    A: (1) Remember 2003 start to 2004-mid were the years even just joined
    paralegal was forcing you to apply under EB3 and that is in non rir and
    that phenomenon was across board from east coast to west. So many
    highly skilled people were also in EB3 queue. Many of them have
    switched back to EB2 during PERM start era. But this is the period
    where "tons" of EB3 were created and hence considerable files are still
    in wait mode.

    And, the movement (to 2005) would happen only during last quarter of the FY when numbers overflow from other categories? Or under normal movement?

    A: In my opinion it will move average 2-3 months ahead every month till Sept
    08 and Oct 08 should jump it beyound 2004 and by end of Dec 2008 it
    should be at 2004- mid "At least".



    Answer within quots




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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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  • vineet
    04-25 06:57 PM
    Thanks Folks for your hardwork and dedication to IV!

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    shaikhshehzadali
    03-21 03:56 PM
    I know....finally u do admit what u are .....
    It doesn't really matter to me though...Point Proved..End of discussion

    As if I really care about your thoughts, feelings ...




    needhelp!
    02-12 06:09 PM
    CA - 1349
    TX - 374
    Tristate - 140
    LA - 105
    FL - 102


    Following states have less than 100 letters.
    KY,MD/DC/VA,MO,PA,IL,MI,GA,RI,MA,MN,WA,NC,CO,OH,WI,NH,KS,NV ,OR,NM,NE,MS,AZ

    Go IV!



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