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  • chanduv23
    03-12 07:02 AM
    Most people have a lack of understanding of the situation. Things may not get better, things may get worse. EB3 is further retrogressing, EB2 will not move further, another market slump expected, more layoffs getting announced (though may not be in high skilled sector, layoffs does matter in decision making), companies running out of funds, body shoppers reducing salaries and increasing their cuts .......

    If people start getting depressed, more depression will come, so better understand the situation and plan accordingly and learn to live with problems rather than getting depressed.




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  • hebbar77
    05-08 02:43 PM
    Please contribute...

    If I contribute will IV make EB2 unavailable?




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  • SunnySurya
    08-18 01:23 PM
    NO LAWSUIT DISCUSSIONS PLEASE

    Reason:
    Lawsuit takes time , energy and substantial money.
    You have to prove harm to the affected party due to the actions of the government.
    It needs a champion.




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  • JA1HIND
    04-22 01:29 PM
    File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
    i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.

    is that a desi consultant!
    I think we need to create a site of all desi consultants and rate them.. discretely.;-)

    I am sure below copied my URL will help lot of other folks who would like to know how much employer list $$ amount in their individual LCA, who is the owner of the company, how many LCA are filed from this company for that year etc...:D

    in the employer field, search by "employer name" and see the magic...and once you get to the details section look for " designated_first_name" and " designated_last_name" will tell you who the owner of the company is some more details of your interest....LOL!! :p

    http://www.h1b.info/lca_search.php



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  • gccovet
    02-10 02:22 PM
    As promised, I am contributing another $25.00 as $1000.00 has crossed. (Cheque has been posted)

    I will again donate another $25 when we cross $2000.00

    Comeon folks, we can do it.

    So far...29 contributions only.....


    GCCovet




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  • unitednations
    08-24 09:28 PM
    Maybe we are getting off the topic.

    USCIS is giving a hard time for h-1b's.


    If vemont service center:

    ensure LCA is for client location and company location.

    ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).

    For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).

    for california service center:

    companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.

    get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.

    Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.

    For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.

    For extensions; file as early as possible so you don't have issues with your drivers license, etc.

    USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.

    When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.



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  • sanjeev
    06-22 01:50 PM
    A Employment letter is mandatory for I-485, the letter has to state that the job position is still available. Refer the below link from USCIS website

    http://www.uscis.gov/propub/DocView/afmid/dat/I_485.PDF

    Well, just say that you will bear ALL expenses associated with filing I-485. That way the only expense for the employer will be a few cents to photocopy and give you the approved copy of I-140.

    If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.

    Thanks,
    Jayant

    P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!




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  • rc0878
    08-29 08:15 AM
    Application sent on July 19th to NSC and was recieved on July 20th. Checks not cashed yet, and ofcourse no receipt numbers yet.



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  • sanprabhu
    02-15 03:25 PM
    ID - 4GJ15926BN616724N
    $50 donation.

    From a longtime sustaining member




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  • smuggymba
    02-10 08:35 AM
    Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW

    Having a USA visa is not the epitome of success and integrity.



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  • simple1
    05-02 07:43 PM
    got PM with the following quote.

    Looking forward to have access to donar-thread on monday to find out the exact INA language that counts ebdependent in ebquota, that the PM refers to.

    Have a good weekend.

    The lawyer of simple1 is not correct. INA specifically has the language for counting all immigrants (including spouses and children) towards numerical limits, and, we have been working to include provisions to eliminate counting depents towards numerical limits. Doing such extra effort as mentioned in the first post of the thread is not going to be helpful. When there is a bill we should be pushing towards not counting dependents and it is more straightforward. That will take care of the backlog issues to some extent. Admin fixes do not change laws, so admin fix for this is not possible as some suggested




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  • gsc999
    07-07 08:57 PM
    Did this rally on 7th July in San Jose happen? Any updates from folks who were there?
    ---
    Just came back, here is my report:

    - There were five Chinese and seven Indian people at the march. It was small fun group.
    - The group was small but the outcome as you will note from my report below was productive
    - Fighnow, who is the Chinese member of mitbbs.com had initiated this 7th July march. Due to short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
    - Fightnow and his friends were fully prepared with big banners and all, with appropriate slogans
    - In the beginning there was some police presence but they left an hour later, I guess because of a small group
    - We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
    - Luckily a Chinese TV station happened to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
    - The parking is free on weekends.
    ----------------------
    What we need to do is:
    - Organize a bigger march on 14th July
    - Organize a similar event in DC if possible to get more mileage
    - Prepare some banners and placards etc.
    - Bring water, it was warm
    - Have fun
    -----------------
    Let me know if you have any questions or suggestions



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  • knnmbd
    05-04 03:21 PM
    Ok that is funny. So I have been waiting for 6 years now here and that is nothing. some kid comes in here and struggles to complete his MS and then just works for 3 years and gets in line before me !!
    Not trying to sound negative here but it looks like a lot of people here are Masters ( either in EB2 or EB3 ) ?

    I guess you do not have the slightest idea of the struggles and financial uncertainty of studying in the U.S. As a matter of fact THIS IS FAIR. Did you know that it cost over $20 K to go to school here just in tuition (with out any assistantship's, which is the norm for over 5 years now with the bad economy first and the lack of funding to graduate schools across the country) and most people who come on student visas gain experience through internships( on OPT's and CPT's) making as little as $10/ hour, not to mention working for minimum wages as they study to make ends meet and then and finally the effort of paying off student loans back home. Not only that a majority of people who come on F1 visas to U.S educational institutions pursue Advance degrees in not so "lucrative" fields in terms of job prospects like core engineering fields, pure sciences and many of them go on to get PhD and become researchers.

    That is exactly what the U.S wants; they want the brain drain to resurface to bring about innovation in engineering and sciences. The only folks that come to work directly in the U.S are the IT folks so you are looking at a small spectrum of people. Again this is a long awaited gesture from U.S immigration system to people's trials and tribulations who take the long and winding road to pursue advance degrees in the U.S and eventually get on to work and enhance their professional goals.




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  • reedandbamboo
    10-04 08:13 PM
    Hello all,

    My I-485 and EAD applications were delivered on July 18th at the TSC. Since then, I have not heard from USCIS until this evening, when to my delight, I received the EAD card in my mailbox!

    May I know if the EAD receipt # is the same as the I-485 receipt number? I tried to check my case status online with the receipt # on my EAD card but the only information I could see was for Form I-765. Could somebody please clarify this?

    My attorney isn't the most helpful person and she has been silent ever since I filed the I-485 & EAD. Also, she issued her own firm's checks to USCIS for the filing of these documents so I don't know if the checks were cashed (and therefore, cannot check for the receipt notice on the back of the check). I intend to call her t'row.

    Thanks!



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  • realizeit
    05-08 07:08 PM
    I think, this argument is wrong! Legally, any descrimination based on national origin is not valid.

    Even if congress passes a law, it can be challenged in court - and court can declare the law as unconstitutional based on the basic rights allowed in the constitution. If we can prove that a law is against the constitution, court can declare it as invalid.

    See the Justice Departments Site validating this argument (link below):

    http://www.usdoj.gov/crt/legalinfo/natorigin.php

    IN US, CONSTITUTION is above, CONGRESS, JUDICIARY and EXECUTIVE branch. ALL LAWS IN the US must obey the principles laid out in the CONSTITUTION.

    At present, in the United states there are 1000s of (state and federal) law provisions which acts against the constitution. Until someone challenges those, it will stay the same.

    Department of Justice's CIVIL rights division will take up cases related to any discrimination based on National Origin.

    In this case, one arm of the Federal goverment is discriminating us and we need to have some help from the other arm of the government (Department of Justice) and the Judicial System, to prove this discrimination.

    If we can prove in a court that this is discrimination , that day onwards, country quota will become invalid. Congress has to alter the law then.







    I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?



    You can only go in court if some agency is not following law disigned by congress. You cannot challenge congress in Court to change law.

    Please contribute / Join State chapter / join evey campaign by IV . We have plan to fight for counrty cap along with recapture and some other stuff.

    So Please join and ask your friends to join.




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  • babu123
    07-02 08:43 AM
    Jul 2, 2007 7:27 AM
    At local FedEx facility
    LINCOLN, NE



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  • reddymjm
    05-02 12:11 PM
    Why not if 'Who did not even know about IV till Apr 2007 are CONTRIBUTING here'.
    Do u think admins should ban people from expressing views if joined after a certain cutoff date???

    in contributions and in any thing else... I started contributing even before lot of people here heard about IV.




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  • Cheran
    11-08 08:46 AM
    I am going to complete my 180 days by 1st week of Decemeber. The company I work for, is offering me a Project Manager position. My labor is filed for a programmer. I asked my lawyer and he told me that they sent a email to Florida State Workforce Agency to classify my new position and depending on the reply he tells me that I may or maynot port my labor.
    Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....




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  • GCStatus
    09-15 12:26 PM
    Friends,

    I have created a Shared Spreadsheet with the list of people who have pledged in favor of this effort.
    http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#

    Everyone can view it, but unfortunately, i didn'y think it was ideal for everyone to edit. I will be more than happy to grant Edit access to a few more folks who are willing to help. Also, from security point of view, i think we should add our IV handle instead of real name. Since we have email ID's and ph#, we can be in touch as soon as it it time for action.

    Please keep sending me ur details to add to this list. Remember, we only proceed if we have atleast 1000 pledged members.

    I will keep publishing this sheet from time to time on this thread so people know.

    Please keep pouring in with ur suggestions.

    And we will proceed if its more than 1000 too ;-)




    andycool
    08-27 12:52 PM
    Another case I can remember is andycool on this forum
    buddy you remember me ;) :)


    yes we had a slud on our 1 st EAD's and our 485's on Aug 21 ..

    Got CPO on 24 ..

    thanks




    pasupuleti
    05-03 01:19 PM
    source immigration-law.com

    05/02/2006: Senator John Cornyn Introduced S.2691 for "Legal" Employment-Based Immigration Legislation

    * Today, John Cornyn, Senator from Texas, introduced in the Senate S. 2691, Securing Knowledge Innovation and Leadership (SKIL) bill, which is similar to the legal employment-based immigration bills incorporated in the comprehensive immigration reform bills of Senator Bill Frist and Senator Alen Specter. These legal employment-based immigration bills are similar to the Education bill named PACE Act which is still pending in the Senate.
    * Senator Cornyn strongly opposes the legalization of undocumented immigrants as opposed to the Senate Majority Leader Bill Frist and most of the Senators in the Senate Judiciary Committee. The compromised comprehensive immigration reform proposal faced strong challenge from Senator Cornyn before the bill collapsed in the Senate during the Easter break. Cornyn-Kyl bill and McCain-Kennedy has engaged in a fierce duel in the Senate Judiciary Committee and in the full Senate. The collision was marked by the legalization of illegal immigrants that are incorporated in the McCain-Kennedy bill.
    * By introduction of S. 2691, Senator Cornyn practically joins the original Bill Frist bill that strongly supported legal immigration and strongly opposed legalization of illegal aliens by focusing on the border security and the immigration enforcement. Question remains whether the legal immigration bill can pass the Congress as separate from the Comprehensive Immigration Reform legislation. We are concerned that this bill may bring a further division between the legal immigrant community and the illegal immigrant community with the potential damaging consequences to both legal and illegal communities. We have maintained a tradition of strongly supporting legal employment-based immigration. We just hope that the legal and illegal reform legislation does not end up with the fate of S. 1932 as driven by the political forces using the traditional battle tactic of 'divide and conquer.' From the perspectives of the legal employment-based immigrant community, all of the pending bills support their interest and they will be least affected by whichever bill the Congress finally would pass. This is a time to unite and not a time to divide.



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