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  • nomi
    12-11 02:48 PM
    Since this has always been pushed through legilative means (S.1932), there might be a hurdle involved in using "Rulemaking" approach to this solution, nevertheless this idea should atleast be explored. Here is how rulemaking procedures work in Govt Agency: (Adding Flexibility is something that can be done through Rulemaking).

    http://en.wikipedia.org/wiki/Rulemaking

    Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.


    I think we should study that how does USCIS make new rule without going into Congress and then see how can we implement this rule or atleast ask them to consider this option.





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  • senthil1
    06-13 02:08 PM
    If the restrictions in H1b comes then I may be impacted also many of my friends and relatives may be impacted. For our personal lives H1b and green card are important if we want to stay in USA. My point is if congress make sure that if I or you will not take any eligible US persons job in USA that is acceptable for me. That will make sure everyone happy

    Anyhow we will see what next for CIR and we will do more analysis when it comes.


    Senthil1, Pineapple

    Please let us not sound harsh and have a bipartisan :D discussion. It is just my statement I do not disagree with neither of you.

    Rule 2
    You mean Microsoft and Google and other companies want to stop outsourcing. They would not have build a huge team in india if they wanted to do this. The point that you are missing is that they need H1-Bs here because no american born is availabe here to fill those positions.

    Read my statement thoroughly.
    Big consulting companies(Bearing point....my list will go on) that are plenty in the US who hire and fire H1-B and american born if they cannot find another client for them after few days.

    What will happen to these companies .. they have to shut down

    Rule 2 will be a disaster for all these companies.
    These companies do not go to india to get H1-B's they get them when they come here brought by india Desi companies.

    It will be a mess. You might be talking about one company that will never displace and american and will garauntee an employee that he will never be fired once hired : Give me a break.





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  • ArkBird
    12-15 06:01 PM
    I may be little out of touch but I don't understand why DOL won't give EB2 classification to IT Positions?



    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.





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  • glus
    07-28 09:31 AM
    If you see the letter and spirit of clause in the said notification, an employment letter is not required and adjudicator has to send RFE if he feels required. File with latest paystubs. If RFE sent to you , then again file latest paystub to show that you was in employment with that employer from the date of filing 485 petition and for at least another 6-7 months further to that date.

    Please don't spread incorrect statements. An employment letter is part of initial evidence and one of the most important things in the whole employment=based cases. Paystubs only show that you work, but they don't show what you do. I485 can't be approved without CURRENT employment verification letter. In fact, people whose I485 are pending for a long time (2-3 years) very often receive a RFE for an updated (current) employment letter since the original letter sent with application is simply too old. That is a fact, and not rumor. If you don't believe, review I485 instructions which say that employment letter must be there as initial evidence.



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  • EB2IndianGC
    09-23 01:48 PM
    We got approval email for myself + spouse and daughter today. I had waited for this since 2002. :)
    Your Case Status: Card/ Document Production

    On September 23, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.


    This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

    If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.

    Congratulations on your GC approval. Do you know how long it generally takes after responding to a RFE to see change in your status?





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  • snathan
    07-28 08:38 PM
    Guys,

    Hope this thread will be useful for somebody who is looking for american company for green card processing. They wont get into the trap. So I am giving out the information from the known source(friends).

    Company1: Deloitte
    Company2: Chase

    These two companies promised doing green card cards,they filed h1s, but did not file green card.Whatever reason (bad economy) may be, they did not sponsor green cards for those they promised to do. So be careful. It is not gaurantee.
    Also, you can list the companies you know whoever promised, but did not file.

    A sure invitation for defamation suit. Good luck.



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  • CSPAvictim
    07-09 07:24 PM
    Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.


    On second thoughts, it seems like you're talking about the 37800 for the last quarter. Well, I havent yet come across any law/regulation that prevents USCIS from using up all the visa numbers before the last quarter. And like I said before, the last quarter is not subject to the 27% limitation. Over the years, USCIS has not been using up all the numbers for the fiscal year. This time, they did the opposite and used them up in the first three quarters itself!:eek:





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  • acecupid
    07-13 11:22 AM
    And has your lawyer sent a letter - if not, why is he/she still waiting to do so. Did you exhort her to do so. Will you exclude yourself from any AILF lawsuit benefit.

    You are missing the forest for the trees friend - Its not one agianst the other. Focus on the objective.

    I am not saying my lawyer is any better, all these lawyers are nothing but blood suckers just like the employers. I'm just disgusted that people can stoop so low. The objective might be the same, but the intentions are far from it. I hope you understand that my friend and stop being a PR rep for murthy or any lawyer. :)



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  • nojoke
    09-18 10:54 PM
    Reading the posts about the economy has just shown me how ignorant many of the IV members are.

    The economy is just going through it's ~10-year cycle. While it is a concern, it is NOT the end of the world. It just strenghtens USA's position in the world. Once again, it has proved that "if USA sneezes, the world catches the cold". The 10-years economic cycle follows a kind of Darwin's Law of the Fittest. The firms that are bubbled up get washed away, the economy cleans up and rebounds back. The 1990s saw it, the year ~2001 saw it with the dot.com burst and ~2009-2010 is seeing it with the mortgage burst.

    While it is each one's perogative as to what you want to invest into (good time to buy stocks, or buy gold), another thing to understand is FDIC does NOT insure just 100K per account in each bank. There are multiple ways to increase this insurance to over $2 million in the same bank by opening different type of accounts or having different beneficiaries. Consult your bank for details.

    No amount of govt. intervention can change the economy. It has it's own mind and will take it's own course.

    There is no need to panic, pack and run.

    Let the economy go through it's colon flush.

    Everybody understands that we get this ups and down. The cycles once in a while gets bad. Very bad. We had great depression. This could be a great depression for the financial market. Lehman, which has survived 150 years and many economic cycles closed 2 days ago. So did Bear strerns fold. The dotcom bubble is what - 100 billion max? 200 billion? Here we are talking about trillion dollars.

    FDIC has only 50 billion. It can cover a big bank like washington mutual. Can it take another big bank? Wachovia?
    This time it is not going to strengthen US position. China is talking about creating a separate world currency and they are not happy with US currency. If china dumps, dollars, a lot of countries will follow.

    This is just financial institues. It will have ripple effect on rest of the economy.

    FDIC doesn't protect more than 100K if you open different accounts in the same bank. However joint accounts and beneficiary can get you protected for 200K.





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  • anilsal
    12-13 01:22 PM
    Having a FAQ with links to discussions held in the forums may be the answer.



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  • ajthakur
    07-14 05:17 PM
    What options do I have now





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  • mps
    06-20 03:05 PM
    Got GC for me and for my wife.
    It was a long frustrating wait time.I am glad its over now. My best wishes to those that are still waiting.
    No RFE at any stage, straight forward case, one time took infopass to just find out the status. Total Wait time 5 and half years.

    Here are the dates:
    I received the card order production mail on 9 June 2008.
    Received the welcome letter on 13th June.2008
    Received the Card on 16th June.

    PD: June 2001 - EB2- India
    I 484 applied on 28 th June 2007 - NSC.
    Finger print on Aug 26 th. 2007- NSC.
    Sep 26 Got EAD. 2007 - NSC.
    Original Labor - Sep 2002, Approved in 2006
    Labor substitution on May 1st week. 2007 - NSC.
    140 approved on May 2nd week. 2007
    Joined fulltime April 3rd week, 2008. New employer applied H1 and received.
    I have not sent AC21 letter.
    No LUD after finger print.
    GC Card received- 16 June 2008, me and spouse.
    Thanks,


    Congratulations !! you are a free man now !



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  • ttguy
    08-15 04:08 PM
    I think we will GC sooner than anticipated. I think those who filed in July/Aug will get in three/four years. Just a rough estimate. Any one agrees with me?





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  • kumarc123
    10-19 02:28 PM
    Just imagine the cowardice of these people!. Online forums already have sufficient anonymity that you dont have to reveal your true name. Despite that people hide behind comment system to give reds (and tell things like "you suck" and what not). I hope the admins shut down this misused feature. Or make the system non-anonymous so that we can drag out these people and take up their comments in open forum.

    Hello there,
    I cant less concur to what you jsut said, if someone has something to say and critique , they can very well post their response or send a private message.

    Anyways the focus is the campaign. Have we decided on what and when we should do this flower campaign?

    I request all IV members, to please unite and do something, we all need to be mobile and create more awareness.

    Have we all forgotten how much publicity we got in 2007? lets all wait till the election day is over and the right candidate is elected.

    Then we should plan a rally.


    I am lucky, because I work hard. We all can be lucky as well, all we need to do is, work hard on these rally's. A flower campaign, a rally and maybe someone earlier suggested the EB community should take one day off work and attend that rally. This way, they will understand our Importance



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  • anurakt
    12-27 02:14 PM
    INFO PROVIDED FOR UK IS INCORRECT.

    Last year my wife (who is on H4) but with a valid US visa stamp on her passport was NOT allowed to board a Continental Airlines flight at Houston airport on her way to India. She was sent home even though she had valid US visa in passport as she did not have UK Transit visa.

    We tried pour level best to convince the ppl at the flight desk but they wouldnt let her check in because of transit visa issues. So please be very careful while transiting through London. We had to pay and reroute via Paris the next day.

    I hope when you say valid visa , you are talking about non-expired visa.
    I think you should sue continental airlines...here is the infor right from the UK consulate website

    Next time take a print out....and go to airport and argue...many a times these airlines people are confused and do not know the current regulations...

    http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagen ame%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage %26cid%3D1006977149962&purpose=Transit&nationality=India&location=United+States

    Info :
    Do I Need A UK Visa


    You asked if a national of India needs a visa to pass through the UK in transit.

    Yes, you need a Direct Airside Transit (DAT) visa, unless you qualify for exemption because you hold one of the following:

    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country in respect of which the visa is held;
    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;
    a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
    a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
    a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
    a valid common format Category D visa for entry to an EEA State;
    a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
    a diplomatic or service passport issued by the People�s Republic of China; or
    a diplomatic or official passport issued by India; or,
    a diplomatic or official passport issued by Vietnam.

    Notes:

    A valid U.S. immigrant visa packet (form 155A/155B) is a 'valid visa' for DATV exemption purposes.
    An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
    Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998 does NOT qualify for exemption from the DAT visa requirement.
    Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (e.g. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (e.g. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.

    Transiting to the Republic of Ireland
    Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.

    DATV nationals transiting to Ireland must obtain a visit visa - not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).

    All visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.

    Nationals of certain countries, which includes India - unless exempt as detailed above - must have a DAT visa to transit through the United Kingdom. The visa does not allow entry to the UK: other than to catch a connecting flight; leaving from the same airport on the same day; where you do not need to pass through immigration control to catch the flight. This is called Direct Airside Transit.

    Please read Guidance - Visitors for more information.

    Any dependants under 16 years old, included on your passport, can be included on the same form, but those older will need to fill in separate forms.

    Please make your application to Chicago, Los Angeles, or New York.

    If you are applying to our visa sections in the USA, you can now make your application and pay online though the visa4UK website.





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  • divakarr
    07-03 03:44 PM
    just contribtuted $100. Confirmation Number: 8BU10382JA0786747.

    Let's fight.



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  • gcformeornot
    03-16 12:54 PM
    dude, you don't know jack.........there is no "eligibility" when it comes to EB2 or EB3.

    The FUC@#NG job has to demand a Master's for EB2.

    It's not like the monkey-jobs that you fools do for fuc@#ng two-bit desi employers who are anywhere from 5-100 people strong NEED an EB2 !!!!

    any monkey can do 99% of the jobs that desi EB3 people do on the West Coast and the East Coast...........that's reality. It's YOUR problem if you cannot stomach this reality.

    And all these folks have the audacity to call themselves "highly skilled"!!! hahahahahaha..............errr, by the way, what school did most of these people go to? Lemme guess..........some SDNMDFDF Institute of Tech in some freakin village in India??

    If they did not qualify for EB2, then they should have FU@#%NG worked HARDER when they could.............should have gotten a good degree........and landed a respectable job in a BIG company....

    And don't preach what you have no knowledge about, ok buddy?

    For the record, i have NEVER used any legal shortcut ever.

    that's the best way to get rid of such fools......





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  • uma001
    07-29 05:10 AM
    Add Wachovia now acquired by Wells Fargo to the list. They don't even do H1 extensions.

    That's too bad.





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  • sunny1000
    01-19 10:40 PM
    Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

    On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

    On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

    One of the TSA security personnel’s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

    I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

    Sir, are you a US citizen?

    I said, No

    Then, he asked me, can I see your immigration documents.

    I have shown my passport to the police officer.

    He looked at H1-B visa and I-94 and asked me; who do you work for?

    I said my employer’s name.

    Later, he gave me my passport back.

    Now,

    I have asked the Police Officer few questions

    1. Sir, I’m in domestic traveling, is it mandatory to carry my immigration documents at all times?

    Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

    2. What would you have done to me, if I had failed to present my passport?

    Police office said, I could have DEPORTED you.

    3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

    Police office said, No. Technically, you must carry original documents at all times.

    I would advice you to carry Passport at all times.

    I did not know this until Police Officer told me about this LAW.

    P.S: BTW, the Department of Homeland Security (DHS) level is in “ORGANE”.

    Are you sure that it was a police officer and not a CBP inspector? The reason I ask is that the fact that you mentioned that he said that he could have deported you. Also, it was after the security check where CBP inspectors are present usually.

    I was stopped by a cop for allegedly speeding in Vermont. The second question after asking "do you know why I stopped you" was that "what nationality I was" and "am I a U.S citizen"? I answered him and he asked what was my profession. After that, he just took my drivers license and issued a ticket. He also gave me a break and reduced the speed reading by 5 miles in order for me to pay lesser fine. He did not ask for my passport or immigration papers.

    I flew into JFK last week from India and there was a CBP inspector standing at the yellow line where I usually wait for the next available inspector. He asked for my passport to see the visa and then, he let me go to the immigration counter for processing by another inspector. This is pretty new as I flew back to JFK from India in Nov and I was not screened before getting to the immigration counter.





    varshadas
    03-05 06:00 AM
    Thanks. I don't think I will be able to make it. Let us know how it goes.





    webm
    07-11 01:38 PM
    again no one can explain the ridiculous date movements by DOS...so there can be no reason for this..Its just that someone saw numbers being wasted...and they randomly applied them to EB2...Now as for getting approvals for all those that are current now...forget it ...since that is USCIS and that is a whole different Animal (a lazy one!!)

    It's true..even PD,processing times current scenario also..AOS approval rate was very slow...as it happenend for me 2 months May,June being current EB3-I nothing happened..:(

    Crazy CIS and its policies..:mad:



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