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  • hopefulgc
    07-13 01:04 PM
    Good argument.. this should make it to the letter

    Here is my 2 cents worth...

    We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.





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  • jayleno
    10-01 07:58 PM
    I'm a great fan of Obama for what he has achieved so far and in all probability he will win in Nov. I hope the new CIR will not be similar to CIR 2007 as far legal immigration is concerned. After 8 years of paying taxes I would definitely feel greatly disappointed if we get a raw deal for being legal





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  • desi3933
    08-05 03:33 PM
    ....

    I am glad you took your post after I placed details about the law.





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  • texcan
    08-05 04:05 PM
    Sorry , you can't hide your passive aggressiveness :)
    AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.

    To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.

    There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.

    I agree, I am no saint, i have my shortcomings; actually more than i would like.
    My point is please listen to others folks, and be nice.
    We really cant get anything done hereby arguing.



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  • paskal
    04-09 11:59 AM
    As is true with everything else it cannot be all gain.
    If we are to have CIR based GC advantage there will need to be H1B regulation. Thousands of h1Bs get filled in matter of hours. Many for consultants. How can that be right. Tough choices will need to be made and so be it.

    i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
    or do you just want to support something, anything that might relieve the numbers?





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  • NKR
    08-06 04:15 PM
    That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)

    If you go strictly by that, then allocating unused EB1 visa numbers to EB2 is also wrong. EB1 visas are meant for an entirely different skill set and job.

    EB2 guys and EB3 guys are at a disadvantage depending on which way you look at it. I guess capturing previous years� unused visa numbers is the only way to go then�



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  • sledge_hammer
    03-24 07:54 AM
    Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!

    People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.

    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.





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  • NKR
    10-02 10:22 AM
    I am the only employee working for my H1 sponsoring company for past 9 years! I always worked for huge clients and everyplace I worked, I was offered a full time job, but my immigration status prevented from taking those offers. My H1 sponsoring company have been benefitting all these years because of the broken legal immigration system and I am just working as hard as I can but someone else (my H1 sponsoring company) benefits from that.

    We may need to hold another massive rally in DC to highlight our cause.

    I pity you dude, if you knew that it is going to take so long. I know you would have changed employers before you started your GC. 9 years with the same employer with a PD of 2005 doesn�t look good. With EB3 cut off date in 2001, I only hope that you get some relief somehow�.



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  • desi3933
    07-08 10:20 AM
    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

    2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

    3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

    Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.

    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.





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  • abcdgc
    12-27 01:55 AM
    I also think the media could have acted more responsibly than it did. I was somewhat disappointed by Pakistani media. I think there was too much bias and not so much objectivity in the coverage. I am afraid the Indian media would have acted in a similar manner too....

    You haven't yet denounced the Bombay attacks but you are quick to attack Indian media. Good job, you have been trained well. Indian media is at fault in showing the carnage but the terrorist who carried out the carnage are saints???

    Its funny to see your assertion that its ok if 200 die in a bomb blast. It maybe ok for Pakistanis, but it is not ok for Indians. Stop calling Indian media as "bias". There was no ambiguity in the coverage. It was direct telecast. Why blame the media to educate the larger population that what's going on. Let me guess, terrorist do not like freedom of speech. You need to stop watching that garbage in Pakistani TV channels.



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  • Marphad
    12-17 02:17 PM
    This forum is for immigration related discussion. Discuss other matters in yahoo answers or any other similiar forum.:mad::mad:

    Rupees conversion rate:
    http://immigrationvoice.org/forum/showpost.php?p=298845&postcount=16
    By the time you complete required formalities and get an accout created, doller rate would have come down to 40:D:D..!!!!

    For me citi nri took looooooooong time to get the acocunt created.

    Someone started this very immigration related thread:
    http://immigrationvoice.org/forum/showthread.php?p=297679#post297679
    Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.

    So can anyone provide good online tools to know more about investing on stocks and buying stocks online...

    Thanks

    Someone is talking about Hotels....
    http://immigrationvoice.org/forum/showthread.php?p=255794#post255794
    I stayed in woodlands...but had advance booking. Even with advance booking they had created a scene ..had to wait for 30 mins to get it confirmed. Palm grove is difficult get. Try palm grove or woodlands. Auto rikshaw will take around Rs.100 from woodlands. With the things running in your mind on that day, you won't think of saving money.

    Good luck..!!!

    furrrrrrrrrrrrrrrrrrr..................





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  • validIV
    06-05 05:43 PM
    Just an offtopic response, I used to trade options, which is far better than margin. Options give you 5 to 20 times leverage. And if you want more leverage, futures can give you 100x more. But my experience is the higher the leverage the more risk you are willing to take which is BAD. I have lost over 60k net (excluding fees) in options trading which I claim every year (max of 3k). I will admit I have had some amazing trades (SNPS, Dollar General and many others) giving me 10-12 times in returns, but I lost more than I made. I used to use IB and Tradeking.

    Probably not very relevant - but you can get a lot of leverage if you have the stomach for it by opening a brokerage account with 40k (your initial downpayment). A good semi-professional one would be IB (interactivebrokers.com). Margin accounts give a 3X/4x leverage any day. Buy a few interest rate, currency or commodity swaps with that - and your leverage can reach stratospheric levels. I know I dont have the stomach for that.



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  • newbie2020
    08-06 04:36 PM
    People will jump to the ship which goes faster...Thats the bottom line, If tomorrow for some reason EB3 ship moves faster than EB2 ship then you would also jump your EB2 Ship and go to EB3 ship as most other people including me. Focus your energy on some positive action items which benefit the community.





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  • niklshah
    07-13 09:29 PM
    I hope you get your GC soon. As for me its 'wait until dark'. It'll come some day.

    And NO I am not an IT EB2. I am a non-STEM MBA in Finance who does not pratice engineering anymore.

    you did not get my post...last thing we want is silly argument regarding EB2 and EB3................



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  • Refugee_New
    01-06 12:38 PM
    It is very sad but please post it on the relevant site.

    I think we discuss these kind of news in IV. Don't you know that? In the same forum i have heard people saying Isreal is a peace loving nation and they never commit crime.

    Look at what is happening now. Can we justify killing innocent kids? Who would kill kids? How evil one should be in order to kill school kids?

    How evil this world is, watching these attrocities silently. While pakistani terrorists committed attrocities in India, whole world blamed the entire Muslim communities.

    Now where are those peace loving people have gone while Muslims are brutally murdered and innocent kids are brutally killed by missles?





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  • Macaca
    03-06 09:02 PM
    General Process for FY 2006 and Subsequent Fiscal Year H-1B Filings (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3f06c12454f6742a078d4244f6905 45e)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf) November 2006
    Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html) Report of the Visa Office Department of State

    The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.

    Visa Statistics (http://www.dhs.gov/ximgtn/statistics/) Department of Homeland Security

    Nonimmigrant Visas Issued by Classification (Including Crewlist Visas and Border Crossing Cards): Table XVI(B)

    Fiscal Years 2002-2006 (http://travel.state.gov/pdf/FY06AnnualReportTableXVIA.pdf)
    Fiscal Years 2001-2005 (http://travel.state.gov/pdf/FY05tableXVIb.pdf)
    Fiscal Years 2000-2004 (http://travel.state.gov/pdf/FY04tableXVIb.pdf)



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  • abracadabra102
    01-06 06:19 PM
    India has legitimate reason to attack pakistan or any terrorist camps in and out of pakistan. But our spineless leaders couldn't take any action on that. Its a shame on our leadership.

    But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?

    Don't you think they also deserve dignity? Don't you think they also live in peace and harmony? Don't you know their desperate situation? There's no electricity, no clean water, no drianage, nothing. Whole country is like a big prison. They are going thru this hardship for several decades. Everything was destroyed by the brutal force.

    We have seen Isreals brutal aggression year after year. Killing civilians and kids year after year. I don't know how much more blood they need??

    Palestine people definitely deserve a state of their own. They have been living there for thousands of years. So does Israelis. Israel is surrounded by hostile arab countries that waged war against Israel several times. Perhaps, this is the reason why Israel reacts (or over reacts at times) to any attack.

    Palestine state could have formed several years ago. International community tried real hard several times to find a closure to this issue. These efforts were always nixed by 1) Hamas thugs 2) Surrounding arab countries (and to some extent other muslim countries).

    If you want to blame someone for Palestine plight today, blame these two actors.





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  • indianindian2006
    02-23 01:18 AM
    I think we need to find out rival Anchor/Channel for Lou Doobs and inform him with all the facts.

    here is someone who gives the real picture.

    http://www.tuftsobserver.org/news/20070223/four_myths_about_immigrat.html





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  • jaocanada
    07-17 02:08 PM
    Manub,
    Our prayers are with God to get you and your family out of this difficult period. I know of a close friend who went thru a similar situation regarding distress sale of the house but finally it all worked out. So keep the faith and be strong. Good luck.



    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.





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





    pmb76
    07-14 04:29 AM
    IV core,

    Pani's letter completely undermines IV's initiatives. IV has to move in one single direction not in 10. If this guy wants to send a letter he should not be allowed to send it using IV's banner. Please request this guy to either stop this letter campaign or NOT use IV's name. I do not understand how jokers like Pani are tolerated by IV. IV must disown this guy and his dangerous campaign.