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  • CADude
    05-28 01:26 PM
    I oppose the Senate immigration deal in current form.

    Immigration Reform unfair to the legal high-skilled. Legal First

    We are always told, �Break the law, and you will be in trouble�. But, the recent �Immigration Reform Grand bargain� proposes to send a message that is precisely the opposite.

    We are being told that no undocumented immigrant will get ahead of those in backlog. While the backlog of Family-based petitions has been highly publicized, the petitions of individuals (engineers, scientists, doctors and other professionals) are being left in legal and bureaucratic limbo. About half-a-million highly qualified professionals and their families have put their faith in the legal immigration system and due process of the United States, while working to enhance the US economy. These people have pending petitions either with the Department of Labor, or with the CIS, the final adjudication of which will enable them to work with a US employer, with consequent ripple effect on the US economy.

    In the old system, employment-based petitions were limited to 140,000 per year, but the proposed system, �in order to reduce backlog�, reduces them to 90,000 per year only! On the contrary, Family-based cases used to be limited to similar numbers, but now have been increased to 567,000 per year! In addition, close to100,000 of these applicants with pending petitions are being asked to start from scratch in the new system. In effect, it is similar to changing the �rules� or rather, the �Laws� after the fact! Innocent high-skilled prospective immigrants are being penalized due to bureaucratic delay in the DOL.

    Highly skilled doctors, scientists, engineers, and computer professionals have been stuck in backlogs since the last 3-4 years. They had hoped to get relief from the �Immigration Reform�, but have been let down badly. They are being forced to renew their H-1Bs yearly now, while the old system allowed 3-yr incremental renewals while their Green Card petition was pending. Seems like a fitting reward for following the Laws, isn�t it?

    Per washintonpost report, USCIS on purpose delays the process and keep backlog to earn the extension and renewal fee as 20% of their budget. THIS IS CALLED SCAM.

    Your attention and help requested on the matter.





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  • roseball
    02-12 02:05 AM
    **************
    - Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
    - Sponsoring employer revoked approved I-140
    - USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
    - USCIS denied the pending I-485 based on incorrect I-140 approval

    If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.

    **********
    Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .

    Mine is not a labor substitute. ( just to clarify)


    Thanks
    -vinod

    That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.





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  • chandrajp
    06-18 11:45 AM
    I have a feeling that they will HAVE To process EAD's in 90 days( that's what the current rule says ) or reinstate the Interim EAD's - terminating Interim EAD seems like the dumbest move they ever made. If either of these doesn't happen, lawsuits are sure to follow. So, don't worry too much about it my friend.
    Please see in the USCIS web site that you have to apply 6 months in advance if you are renewing EAD. With so many I485s, EADs, APs flooding the Service centers, you need to apply the EAD now if you want to use it after 6 months from now.





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  • chanduv23
    11-08 12:04 PM
    As usual you twisted my point to make it out that I dont have any "cultural values," as you define it.

    I think chandu and paskal in their subsequent msgs got my point exactly that we should promote happy <festival> of all regions/traditions rather than focusing on the majority one.

    That would promote IV's agenda rather than distract from it.

    Its people like you with your misguided "cultural values" that are the cause of problems around the world. You are like the Indian version of ALIPAC.

    BharatPremi is my "IV person of the Day" - I see a lot of energy in his posts, and yes yabadaba, everyone must loosen up a bit, and look at the positive in every message.

    BharatPremi's response was also appropriate and was a stronger version of our responses :)



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  • wahwah
    09-12 10:27 PM
    easy my friend...easy,....breathe.

    yes, retrogression will remain the same for indians and chinese.....its already pretty bad for the indians. retrogression will hit ROW harder as they are current right now....atleast for EB2. let feb or march 2008 roll around then its going to get worse.

    you dont have to get upset....just sit tight and watch the drama unfold.

    otherwise you're welcome to fool yourself.


    I see this prediction every now and then. Why don't you guys get your facts straight. Retrogression will remain the SAME. The pace at which they process GC's is not going to change. It's just applications moved from your home queue to the USCIS queue. Why would that make retrogression worse?? Think before you talk!!





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  • aadimanav
    07-28 02:02 PM
    Dear Mr. ___________


    Thank you for contacting me to express your support for H.R. 5882 and H.R. 5921. I appreciate your taking the time to write and welcome the opportunity to respond.



    Congresswoman Zoe Lofgren (D-CA) has introduced H.R.5882 to improve the reliability of the system in which employment-based and family-based visas are issued to foreign nationals. As you may know, many of these category-based immigrant visas have not been issued over the past few years due to backlogs and processing delays at U.S. Citizenship and Immigration Services. H.R. 5882 would help prevent such losses by making available an estimated 218,000 employment-based and family-based green cards that have been unused in past years.



    In addition, Congresswoman Lofgren has introduced H.R. 5921, the "High Skilled Per Country Level Elimination Act," to remove the per country limit on employment-based immigrants. You may be aware that U.S. immigration laws limit every country to 7 percent of the worldwide level of U.S. immigrant admissions. This per-country level is established by the U.S. State Department to act as a "barrier against monopolization" and to provide fair opportunities for all skilled and professional workers from around the world. H.R. 5921 would remove per-country limits and would no longer allow unused family- or employment-based visas to be used interchangeably.



    Please know that both H.R. 5882 and H.R. 5921 are under review by the House Committee on the Judiciary. However, no companion bills have been introduced in the United States Senate. I think it is important to recognize that our immigration policies must make national security a central priority while at the same time helping to facilitate family reunification and labor demands here in the United States. I will continue to pressure Department of Homeland Security Secretary Michael Chertoff to ensure that any policy to expedite visas does not compromise our standards for accepting individuals into the United States, nor the integrity of our immigration system. Be assured that I have taken note of your support for these bills, and I will keep your thoughts in mind should related legislation come before me in the United States Senate.


    Once again, thank you for your letter. If you have any additional questions or comments, please call my Washington, D.C. office at (202) 224-3841. Best regards.

    Sincerely yours, Dianne Feinstein
    United States Senator



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  • miththoo
    11-05 08:06 PM
    Can the wire transfer be requested online using ICICI's(or HDFC's) website ? Or do you need personnally do it from India ?





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  • burnt
    08-19 10:27 PM
    Hi Friends - Can someone help with the Format of letter we should get from our Employer, so that we can send the same to USCIS for requesting expedite processing.

    Can someone send me the template please



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  • swamy
    06-12 01:35 PM
    most of you seem to presume spillover from future years flowing to India- is that guaranteed? how abt a surge of armenians or bangladeshis using up row #s, which I presume at some point will start moving and head toward C much much faster than India..we're all basically screwed & will be responding to rfe's on retirement day which will be truly sad if/when we have same/similar job then....





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  • sobers
    05-01 07:44 PM
    While IV is already on the major Restrictionists (NumbersUSA, FAIR, CIS.org etc) Radar, it is now being followed by smaller, single issue restrictionist organizations like the Anti-h1b Zazona. Ever wonder why Mr. Sanchez of Zazona targets only Legal Immigrants - people who've always followed the rules laid down by their US lawmakers- like us, instead of illegals??

    Perhaps Mr. Sanchez can answer that one next time he visits this website..:)

    ==========

    http://www.zazona.com/ShameH1B/JDNewsArchive/2006/2006-04-26%20H-1Bs%20go%20to%20K%20Street.txt

    Sent: Wednesday, April 26, 2006 3:12 PM

    Subject: H-1Bs go to K Street


    ------------------------<<<>>>------------------------
    JOB DESTRUCTION NEWSLETTER
    by Rob Sanchez
    April 26, 2006 No. 1466
    ------------------------<<<>>>------------------------

    A new organization of called Immigration Voice (IV) has been formed to
    lobby the U.S. government. Most of the members are foreign nationals on
    H-1B visas. They want the U.S. government to issue more green cards so that
    H-1Bs can gain permanent residency. Immigration Voice seems to be a single
    issue advocacy group because they don't mention H-1B, however, they are
    supporting the Specter bill in the Senate that has a massive increase in
    Green Card visas as well as H-1B and a new visa called F-4.

    H-1B is a temporary visa that can last for up to six years, but due to a
    new 7th Year Extension rule visas can be renewed indefinitely until the
    visa holder obtains a green card. As long as the green card application is
    in the cue the H-1B can stay. There are limits to the number of green cards
    issued per year, and that is what IV wants to change. As Dr. Philip Martin
    from UCDavis wrote, "There Is Nothing More Permanent Than Temporary Foreign
    Workers." To read Martin's classic paper go to:
    http://www.cis.org/articles/2001/back501.html


    The stated goal from their website:
    http://immigrationvoice.org/

    Our big initiative currently is towards addressing delays
    and other flaws in the employment based green card process.


    Immigration Voice formed very quickly and they are showing that they are
    very serious about lobbying the U.S. government. They hired a professional
    lobbying firm to represent them called Quinn Gillespie & Associates LLC. IV
    also is talking with the infamous lobbyist Rick Swartz. Norman Matloff
    described Swartz as a "pro-immigration lobbying kingpin who has represented
    both industry firms such as Microsoft and also the ISN". Mark Krikorian at
    CIS is usually low key, but not when he wrote about Rick Swartz:

    http://www.cis.org/articles/2004/markoped033104.html
    And then there's the National Immigration Forum, the umbrella
    organization for high-immigration political advocacy, which
    works closely with sympathetic Republicans. But NIF is not like
    the conventional lobbying coalitions that exist on numerous
    issues. It was cofounded by the National Lawyers Guild in the
    1980s, back when the Guild was a Soviet front group. The group's
    first head was Rick Swartz, a leftist attorney who cut his teeth
    advocating for Haitian illegal aliens and who, during a 1981
    Senate hearing, likened the United States to Nazi Germany.


    Most of the Immigration Voice activities seem to center around fund raising
    to pay for their lobbying efforts. They aren't talking about chump change
    either. Here are their contributions so far, which must be reported since
    they are applying for 501-C(4) status.


    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Ite
    mid=44

    Total Contribution $90,640.10
    Target $200,000
    Percentage of Target Met 45.3%


    When I started reading the Washington Post article below the first question
    that came to my mind was the legality of H-1Bs and other foreign nationals
    to actively lobby our government. The DOJ answers that very definitively:

    http://www.usdoj.gov/criminal/fara/q_A.htm
    Foreign Agents Registration Act

    Q. Does the Act limit an agent's lobbying and publishing
    informational materials (propaganda) for a Foreign
    principal?

    A. No, the Act requires only registration.


    The article below is written by Mitra Kalita. She was born in the U.S. by
    parents who immigrated to the U.S. from India. Her bio can be read here:
    http://www.pbs.org/searching/aaw_mkalita.html

    Kalita does a good job of reporting what Immigration Voice is all about but
    the article is not objective, and therefore should be considered lousy
    journalism. It's a rather long article with quotes from many advocates for
    increasing immigration but not one sentence from somebody that disagrees
    with the IV agenda. This statement about IV's quest for more green cards
    for H-1B visa holders goes totally unchallenged:

    "This is a sympathetic story," said Nick Maduros, a lobbyist
    for Quinn Gillespie. "For this group, their issues are very
    technical and are frankly not that controversial, but they
    have been overshadowed ."


    >>>>> THE BIG QUESTION <<<<<

    Immigration Voice raises many questions but one stands up in my mind as the
    most important:

    WHY AFTER 16 YEARS OF H-1B HAVE AMERICAN WORKERS FAILED TO ORGANIZE
    THEMSELVES TO FIGHT FOR THEIR JOBS?

    There have been many attempts at forming organizations but all of them are
    struggling. In all their years of existence they haven't been able to raise
    even a fraction of the money IV has raised in just four months. ZaZona.com
    as well as many others are operating on such small shoestring budgets we
    are continually struggling just to survive.

    Why do citizens of the United States lack the passion we are seeing from
    foreign nationals that are here both legally and illegally?

    One thing for sure, we shouldn't waste time griping about Immigration Voice
    because they are playing the political game according to our own rules. If
    we lose this one, who's fault is it?



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  • JunRN
    08-23 03:15 AM
    Luck really plays with every game....





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  • Hassan11
    02-09 01:36 PM
    My first PERM (through company A) was denied, as I told before, just because the PERM software automatically denies application with requirements that exceed "normal" SVP level. (Moreover, it accuses you in claiming that the requirements are normal, even if you didn't claim that!) I am not preparing a second appeal. I am preparing a second PERM filing through another company.


    I couldn't really find any information about the appeal process on the LC once it is denied. the ironic thing is that my first LC was approved then after I got promoted to a senior position and applied for a second LC, the 2nd LC was denied because they think there is no difference between the 1st and 2nd position. does the DOL have an automatic system that processes the LC and that why it coudn't see the difference between the 2 positions??
    where can i find more info about the appeal process?? any links to go to??

    Styrum: did your lawyer give you any info on how long the appeal process takes? and the probability of success in the appeal?? Thanks



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  • jungalee43
    09-22 06:21 PM
    I've started calling and made first call to the chairman's office. I told the man that I'd called to express my grattitude and thank the chairman. Then I requested the chairman to take a yes/no vote on this bill and to take the bill to its logical conclusion, at least in the Jud Committee.
    Please remember, "thank you" packs awesome power and all members should convery their thanks to the chairman and request a vote on the bill for logical conclusion.
    I have not finished calling yet and I will update the poll only after I have made all the calls. From this thread it looks like the hearing is on 24th. If that is the case I will make the calls tomorrow so that I could actually talk to someone.

    i checked again, the hearing is tomorrow i.e on 23rd itself. I got to make calls.





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  • logiclife
    04-11 10:45 AM
    Question gurus... I have a xerox copy of my approved I-140. Will this be enough to port the priority date? or do you need the original copy to be submitted along with the new I-140 application when you request portability of older priority date?? please clarify.

    One of the immigration lawyers I talked to said that photocopy should be fine.



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  • gc_mania_03
    08-16 06:30 PM
    All the way one keeps thinking that you are free to start a business, look for more exciting opportunities, go work in starbacuks...( yeah all that )...once you get a GC..

    But, now everyone is talking about again sticking to the sponsoring employer, a green card being revoked while entry...and umpteen scenarios...

    So, where does it end..when can one really feel you can flex yourself and do something without worrying about my employment history...





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  • gc28262
    01-14 02:57 PM
    Anyway USCIS queue has to be cleared of us ( IV members and others) already in the queue, before illegal's applications can be processed by USCIS.

    Probably they are trying to do that here.

    IMO everybody becoming current during july fiasco had something to do with the 2007 CIR.



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  • BharatPremi
    10-11 03:52 PM
    BharatPremi/PavanV: I had to open an account here just to let you know that what both of you said is the voice of reason and it seems that this forum is just filled with people who have the attitude of attacking the person rather than the argument.

    Folks, until you have a US passport in your hand, you can profess love for this country as much as you like but the bottomline is that you are not a citizen. You will not be treated like a citizen and you will not have the rights of a citizen. Even after you have the US passport, "legally" your allegiance is to the US but that is not true of what the US feels about you. Your precious naturalized citizenship can be revoked at any time but that is not possible for a natural born citizen. This divide is real enough that if you kid asks you, "Daddy, why can't you become president?" then you need to know it that no matter how white your brown heart beats, the country on whose soil you were born is the only one which gives you every single right that is given to all its citizen, NOT the USofA.

    A. K. Mozumdar - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/A.K._Mozumdar)
    "In 1913 Mozumdar became the first Indian-born person to earn U.S. citizenship, having convinced the Spokane district judge that he was in fact Caucasian and thereby met the requirements of naturalization law then restricting citizenship to "free white persons." Ten years later, as a result of the U.S. Supreme Court decision in United States v. Bhagat Singh Thind, stipulating that no person of East Indian origin could become a naturalized American, Mozumdar’s citizenship was revoked. A decision on his appeal to the Ninth Circuit Court of Appeals upheld the revocation"

    So, yes, you can kiss as much ass as possible, it will not bring your precious greencard any faster.

    Jai Hind

    Yes, unfortunately all of them lack the understanding of immigration, reasoning and height of ignorance is that they do not have a clue what is the definition of "NATION" OR the meaning of "citizenship".





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  • guru76
    09-06 01:22 PM
    One of the reasons is that the hiring company is relying on the fact that the consulting company will provide a steady supply of consultants as soon as possible when needed. From the hiring company's point of view, the reputation of the consultant is as good as the reputation of the consulting company.





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  • pappu
    01-13 03:19 PM
    Hey Pappu,

    What happened to your cool Avatar?

    Isn't the new one cool enough. :D





    h1bmajdoor
    10-13 04:21 PM
    It was a great meeting. I was blown over by the enthusiasm of the folks. It was intended to be a casual get together, but beyond a point it became more serious:D We did have action items and we will communicate it through emails, we cannot post such things on public forum. We are working on the next event planning once we finalize the place and time we will get in touch with U.

    can you hold these meetings on saturdays? weekdays are impossible for me with a 1.5 hr commute (common with most tri-state folks).

    informal get togethers can be held at the flushing hindu center on sunday evening, at least for those who are hindus living in queens. (the majority here, i guess)





    styrum
    02-08 04:12 PM
    I filed an apeal for my first PERM too and preparing to file another one (through another company - you can't file another PERM via the same company while your first PERM is in appeal). Your's is there for longer than mine. I heard 4 to 6 months would be the time. Please let us know when and how yours is resolved.