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  • Hunter
    05-10 01:27 AM
    Hunter, Mind your own business. What is your point.
    1. We all agree there are loopholes in each and every system. Are you trying to fill 1% by punishing 99% of the people. If you want to fix loopholes this is not the right place to be. Go to the court and fight with the adminstration. Why the hell you are wasting your time.
    2. Considering you are a anti-immigrant, and you want to fix the system. Are you targeting Employment based immigrants or family based immigrants. Employement based immigrants are just 17% of the total immigrants whereas family based immigrants are more than 50+ %. better target them. Don't waste your time since you won't get anything as everybody over here are working and US employers want them.
    3. If you are unemployed, please spend your time in findiing a job. The minimum salary in US is around 8 dollars a hour so you have wasted your entire day. close to 100 dollars. You have not earned a thing by writing your thoughts in this forum.
    4. Senator Grassley and Durbin are working on your side and they also like you don't want a google, yahoo, ebay and other firms to suceed iin US. Be prepare to immigrate to some other country in future.

    I hope you get back to your work and THANKS FOR YOUR COMMENTS. ENOUGH.

    J Thomas
    Hey J(erk) Thomas,
    Shove your condescending advise to where the sun never shines. It is NONE of your BUSINESS to tell me or anyone what they should be doing. No wonder average americans have started hating people like you and want to drive you out of the country.

    If you think that you can fool everyone all the time, you are sadly mistaken. Even by DOL estimates, there is 20% fraud with H1. The real figure could be a lot higher than that

    I am not the only one expressing these opinions in this forum, as I can see, "TN Man" has suggested pretty much the same here. There is no point in trying to close your eyes to reality.

    Senator Grassley and Durbin wants Google and Yahoo to succeed in US. But they don't want Indian cyber-koolies like the body shops and TCS/INFY/Wipro to steal american jobs under the guise of globalization.

    For all the geniuses out here, how many companies like Google or Microsoft or yahoo came out of India in the last 20 years? Yeah, that is what I thought too.. BIG ZERO. But if you read J(erk) Thomas' response, one would have thought that India is full of competitors for Microsoft and Google today :D :D :D





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  • pmb76
    07-14 05:01 PM
    Friends, There are several formatting errors on the petition on petiononline.com. The " show up as ? and the ' also show up as "?". I have created a new petition below:

    http://www.petitionspot.com/petitions/loudobbs

    Again , I'm sorry. Please re-sign. Once i reach a certain number like 1000 I will priority mail this to all senior executives of Time Warner Inc.





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  • santa123
    06-09 10:57 PM
    Sorry to hear this, but what is the violation you are referring to. I thot, L1s can be employed in the US on client projects by consulting companies, big or small. Sorry if i dont understand the visa rules here

    Hi Guys,

    I am pretty new to the forum (as a member), I have been browsing the same for quite some time and found it a good source of information regarding immigration related activities. Right now I am getting removed from my project as one of the top 3 Indian outsourcing firm is dumping their L1 resources at my client site and replacing all the citizens, GCs, EADs, H1 etc. These resources are used in projects managed and controlled by my client (most of them are consulting assignments) and these resources are used on java/.net/oracle projects, these two are violations of L1 visa restrictions set by USCIS, I want to know how and where to complain against this violation and we have all evidence to prove the same (project documents, time sheets, work assignments etc). Please let me know exactly and to which agencies we should complain.

    Thanks in Advance,

    Srini





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  • Googler
    09-26 03:42 PM
    more interestinly I am seeing that only Indians are being subjected to this name check crap , everyone else seems to be doing just fine

    I have to disagree with that. Check out the names in the Writs of Mandamus lawsuits or the thread on Immig Portal about people filing writs of mandamus (http://boards.immigrationportal.com/showthread.php?p=173311)-- it is not "only Indians." It is anyone whose name, when run through FBI's name combination algorithm (http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf) (see pg 2 onwards in link), generates a hit in the FBI reference files.

    Just for the sake of illustration -- check out the names that appear in this google spreadsheet (http://spreadsheets.google.com/ccc?key=pBQx8tqZHHU2A6Q-Pv9sULw&hl=en) (you need a gmail account to view it) with a list of significant recent mandamus rulings.



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  • EndlessWait
    01-24 02:46 PM
    It is not good disparaging the countries needing TV by calling them idiotic and asking for boycott etc. Please know that you are living in a country (USA) which is far worse than those "idiotic" countries in this respect since 2003. US needs C1 visa for transiting through its airports even when you have a valid VISA stamp in your passport to a destination country and you need to fill eqaully gruelling application (DS 156). Also you need to carry documents for travel purposes and financial support.

    i'm utterly shocked.. dude ...u like to live in pain..u like injustice.. u should see a doctor asap!





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  • p_kumar
    01-08 05:19 PM
    Background:

    It will be really great of we can get some or all of these requests are granted.
    I have some friends who had their GC in in 16 to 18 months from soup to nuts. They changed the jobs to some thing really entirely different and better yet they stopped working and started their own companies and recently naturalized as Citizens. So they only honored their intent to work for the same company for 18 months MAX and they are citizens.

    Where as many of us are working for the same company for YEARS together. 9th year in my case same job, same seat, just got a different monitor recently for a change :) , no change in sight.

    Question :


    Since many of us have already fulfilled our intent to work for the employer many times over, why would we still need to get a job in Similar or same occupation to change ?


    I know we are now requesting them to change the definition of same or similar so that I can take a promotion in the same field. What about people who acquired different knowledge and want to put to use ?

    A friend of mine wants became proficient in photography and wants to become a professional photographer full time. He can't even in new case.
    Another friend got a MBA finance (currently working in IT) can't become a financial consultant or investment banker. But for the retrogression, they could have done what they wanted the second day after getting the GC.

    Did it ever occur to the core to request a relief so that , if you worked for the company in the job for which GC is filed for XX years (say 5 for example), you are no longer required to look for the same or similar occupation when you change the job ? (Because of the delay in approval of the case due to retrogression and you have already made good on your promise of working for the company.) .

    Or is it too much to chew ?

    PS : This is not to find fault with any one (person or organization). Let the ideas keep coming.



    ---------------------------------------------------

    Minds are like parachutes. They only function when they are open.

    But it may be too much to ask at this point.



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  • krishmunn
    04-01 03:00 PM
    Quote from Shusterman's newsletter --- "According to our calculations, EB-2 priority dates for India and China may advance not just weeks or months, but years!"





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  • caliguy
    10-26 09:50 PM
    Thanks vikki76. Yes, finally I feel like I can breathe again....

    Where is your case at? Is it TSC or NSC? If it's TSC, please send me a private message and I will give you the name of the IO. You really need to talk to this IO, and I think you will get the exact info you need.

    As one of the posters mentioned earlier, your case with the IO could mean:
    1) It's either in the holding area
    2) Or with the officer on their desk

    You want to somehow get your case to 2 - on the officers desk. If its sitting in the holding area, you can ask the IO (if they are willing to help) to send a polite reminder to the IO who your file has been assigned to letting them know that your case is current and needs to be looked at.

    Another thing the IO mentioed to me was that the case could sit in the holding area for long if the IO that the case has been assigned to is on vacation (or out sick). I'm hoping that's not the case with your application

    Good luck to you, I hope you get green soon too...

    This is really great news. Congratulations caliguy--I have been following your posts since Sept and know that you were quite active (read that perturbed) on your case.
    One less thing to worry about in life.
    You have been quite persistent in your efforts to get correct answer from IO.

    In my case- when I reached IO using POJ- I was told that case has been predjudicated, and now assigned to IO. How do I get more info than this? Even I have multiple 140-so ,I too am bit worried about that part.



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  • vban2007
    08-16 01:57 PM
    I got welcome notice last week but no news on wife's application.

    Opened SR, sent email, took infopass but no news..

    Any idea how to move it forward.





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  • ras
    08-08 10:06 AM
    Good job analysing this particular issue. Appreciate ur patience in sharing with others.

    The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.

    Multiple I-485 Fillings Scenario:

    1. Two I-485 for the with the same primary applicant

    Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.

    Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.

    2. Two I-485 with different primary applicants (Primary on one and dependent on other)

    Case a: I-140 for one is approved while other's pending
    Case b: Both I-140 Approved
    Case c: Both filling concurrently in June

    Pros and Cons
    Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)

    Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)

    Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.

    Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.

    Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)

    Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)

    Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).

    Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.

    Summary of Pros and Cons
    Pros:
    1. More flexibility as there are two applications to fall back on.
    2. Only opportunity to file EAD/AP before retrogression kicks in.
    3. Useful if I-140 is pending and outcome of it is unknown.
    4. There are NO USCIS memos that prohibits such filling explicitly.
    5. Many lawyers have recommended this as a best option.
    6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
    7. If there are issues with multiple filling one of the application can be withdrawn.
    8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.


    Cons:
    1. Cost of two fillings (if paid by self)
    2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
    3. Apart from delays there has been indications that USCIS might issue an
    RFE and ask to choose one.

    Conclusion
    ========
    There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.



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  • chanduv23
    08-05 11:34 PM
    Why has AILA not yet filed a class action lawsuit? Why have no lawyers filed a lawsuit on behalf of the entire community?
    Let us ask thiis question to all our lawyers and ask them to communicate to AILA? Speeding up namechecks will truly help immigrants and will annony employers who want to keep us waiting as long as possible.

    This is an open question to all lawyers reading this post. If you can file such a lawsuit, it will be a big help to this community and you will prove to us that you truely care for our cause.

    U kidding??? Very few lawyers go out of the way to do something to further our cause.





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  • eb_retrogession
    02-24 02:13 PM
    Draft Text of the Comprehensive Immigration Reform Act of 2006 (Chairman Specter�s Mark)


    http://www.aila.org/content/default.aspx?docid=18639

    From a quick glance, I see all the provisions talked about in various bills for EB category except for recapture of unused visas. Very broad markup.



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  • buehler
    09-13 01:22 PM
    Finally got greened. Got the CPO email for myself and my wife today. It has been more than 9.5 frustrating years since I came to this country. But I am finally happy that it came through.

    I am even more happy that I did not just leave it to time. I have been heavily involved with IV from the beginning. I have spent plenty of time and money on IV and happy to see that it has benefited myself and others.

    Don't loose heart. Keep fighting for what you think is fair.





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  • vg1778
    10-03 07:13 PM
    I made a service req on sept 6 and they opened it on Sept 30 and assigned it to an officer. They enquired took detailsof my fedex , etc. and now they sent a letter. Just summary "wait wait wait still we need to key in " huh i think many of us will have same fate even after doing all this but i am not giving it up lets do something rather than nothing.

    What is a service request and how you did it?



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  • thomachan72
    01-27 10:24 AM
    Anyway to finalize this wonderful discussion, let all of us, who have seen / discussed this issue, take an oath to never go via UK again. I join anybody who is willing to take this oath. "NO MORE TRAVEL TO INDIA VIA UK. I WILL PAY THE EXTRA $$$$ TO FLY VIA OTHER ALTERNATIVE ROUTES THAT DONT REQUIRE A TRANSIT VISA".





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  • lostinspace
    01-27 12:44 PM
    The requirement for a transit visa to enter the UK is not a new requirement. They were introduced because a significant number of passengers decided to remain in the UK rather than simply transit.

    Before they were introduced, passengers had the ability to remain in the UK for up to 24 hours, enter the UK, change airports etc (this is called TWOV or Transit Without Visa and still remains for applicable nationals).

    The intent of the Transit Visa is to ensure that the passenger will be accepted by the third country.

    There are still issues with passengers who hold transit visas with a stated intention of transitting the UK. Either they are not accepted by the transitting airline and are returned to the point of origin, or they simply claim "political assylum" when they land in the UK and then they become the responsibility of the British Government.



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  • jayleno
    01-13 03:31 PM
    Looks like Obmudsman office have acknowledged the problem. Just read this on their site

    ......
    However, the Ombudsman understands that USCIS may deny the Form I-485 in cases of portability (the ability to change jobs) before first issuing a Notice of Intent to Deny in certain limited circumstances. These include, for example, where the beneficiary is ineligible for the benefits of the Form I-485 by statute, or the Form I-140 is withdrawn before the Form I-485 was pending for 180 days........

    http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm

    Once again a big Thank You to all of the volunteers behind this campaign.





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  • Milind123
    01-24 01:36 PM
    Why don't you dispute the charges. Dispute the amout that they overcharged. Then Credit Card company will refund you that amount and deal with Embassy themselves. Which card did you use to pay (AMEX/V/MC). AMEX is the most consumer friendly in this regards.

    I always use AMEX and I know they have a good service. Maybe that is the reason they don't accept AMEX. I also disputed the charges with my CC company and they just got back to me after a month. They require some kind of proof (which I have), but I know what they are going to say. Since the email from UK emb(ass)y clearly mention the amount of $184 and $276, they (CC company) will say the charges are correct. The trick is to catch someone at the emb(ass)y, but it will only work if their email's are working or someone out there will handle my voice mail message left on their answering machine. It is much easier for them to delete/ignore the message than to take pains to correct the situation. Remember, I am dealing with a useless govt. organization rather than a highly competitive private company.





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  • gc_vbin
    04-05 04:59 PM
    All the IV admin members and coordinators are really busy with the advocacy days at DC.
    You might have to wait for a few more days to be given access.

    I am a subscribed member to IV since last Fri but still can't access the donor forum..somebody help..





    suriajay12
    03-10 06:20 PM
    Excellent idea JBR. Why don't you create a letter template and put it in IV. If we have the facility to sign electronically, it will be nice. Later, it can be sent electronically to all Congress Members. Let us try to create a slogan for our campaign. Any IV member can shed their ideas on this.
    Is PAPPU or any IV Core members following this thread?. PAPPU we need your involvement in this and make this as another IV campaign immediately...

    I'm in. Anything that has action has my support..

    No point in waiting till economy improves and shit like that. Houses, jobs, Social securtity .. Project all the points in which you can improve the crisis. We can ALL also write to firms like REMAX and other reality firms to tell them we are 500 thousand here, ready to buy houses.. stupid idea.. but better than doing nothing..





    pappu
    01-07 07:11 PM
    LETTER TEMPLATE #3

    <<DATE>>

    The Honorable George W. Bush
    President of the United States
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20500

    Dear Mr. President:

    My name is <<FIRST NAME>> <<LAST NAME>> and I have been living as a tax-paying and law-abiding individual in the United States since <<YEAR>>. I work for <<COMPANY>> in <<CITY>> <<STATE>> as <<JOB TITLE>>. Although my employer intends for me to continue working permanently, the green card process so severely backlogged that I will wait another <<EXPECTED WAIT YEARS>> before becoming a permanent resident of the United States.

    Waiting in this probationary limbo is really starting to affect the quality of my life. It is an unnecessary burden to keep renewing temporary visas year after year and face an element of risk every time I return from international travel; but the worst of all is that wait times are becoming longer and longer, sometimes 6-12 years, and I will be forced to start the entire process over again if I choose to accept a promotion anytime in between. The broken legal immigration system is badly in need of fixes.

    Mr. President, your Domestic Policy Council has recognized the importance of employment-based immigration in the February 2006 report on the American Competitiveness Initiative which states:

    "The President also recognizes that enabling the world's most talented and hardest-working individuals to put their skills to work for America will increase our entrepreneurship and our international competitiveness, and will net many high-paying jobs for all Americans. The United States benefits from our ability to attract and retain needed immigrant and non-immigrant students and workers, and it is important that America remains competitive in attracting talented foreign nationals."

    I appeal to you, Mr. President, to facilitate the retention of the best and brightest from around the world by executing the following administrative fixes as an immediate interim measure:

    • Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.

    • Revise the administrative definition of "same or similar" to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.

    • Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.

    • Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.

    • Allow visa revalidation in the United States.

    • Reinstate premium processing of Immigrant Petitions.

    I am only one among over 500000 highly skilled immigrants represented by Immigration Voice, and we are all counting on you to give us this much needed breathing room while we wait in line to live our American dream.

    Thank you very much for considering my requests.

    Yours Sincerely,

    <<NAME>>
    <<ADDRESS>>
    <<PHONE NUMBER>>



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