Sunday, June 26, 2011

amore infinito

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  • srkamath
    07-13 05:12 PM
    They adjudicated lot more 485s than 25 K last year. This massive adjudication was the reason behind threatened withdrawal of July 07 bulletin.

    Yes, they can do a lot more than 25 k in 2 months.
    EB2 folks, please get prepared for RFEs - a few possibilities.
    1. Medicals, outdated physicals, PPD positive etc.
    2. Passport expired since applying for I-485 last summer.
    3. Father's or Mother's name misspelled.
    4. DOB discrepancies.
    5. Translations of documents
    6. Find those old pay-stubs, bank records, W2s, I-20s
    7. Google yourself and your spouse.





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  • rajuseattle
    07-14 07:14 PM
    ajthakur,

    U r covered under AC-21 if I-140 is not revoked by your previous employer.

    Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.

    Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.

    Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.

    RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.

    Bottomline you need a competent attorney for answering this RFE and invoking AC-21.





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  • stldude
    07-11 02:23 PM
    PD is May 2003, I-140 allready approved
    485 sent on July 02 ( missed the boat by a day).





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  • mbawa2574
    02-17 08:51 AM
    don't worry my friend.. it's not u.. that dummy has been using this fascist style of discussion on all threads
    just ignore him.. it infuriates him like hell.. u'll be amused with his later responses :)

    Supporting racism and calling me dummy. you planted b* Go and take a$$ out of here , you don't belong here. You have come out of a gutter to this country and gutter is the only place you deserve.



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  • dingdong12
    09-09 02:25 PM
    American lawmakers have created a law that needs only top talent. By law it go from top to bottom. So they go from EB1, EB2, EB3 and so on. If we disagree, then get the law changed.

    EB3 I is screwed big time and they are ignorant about this .EB3 are responsible for their own loss. I see them tracking LUDs and laugh at their ignorance of wasting their time.

    They should be doing hunger strikes and do a rally in DC every month.

    Else they can forget Green card coming any time soon.

    Sadly true. Our hope is STEM exemption and Visa recapture and both of them will get little political help till elections. After the elections, the political arena will definitely be different with some Republicans replacing the Democrats in the House and any immigration related bill will result in a much tougher battle.





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  • ItIsNotFunny
    10-16 10:23 AM
    I think you don't understand. USCIS has no control over the Visa bulletin. The reason India EB3 is doomed because of the percountry limitations set by DOS.
    Congress need to change that rule not USCIS.

    Know your facts before suggesting something that doesn't work!!!

    I still don't believe that USCIS has no say in spill over - think again :)



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  • ns007
    12-28 08:36 AM
    How do you get time to post all day long on IV.org?

    I would love to have your job. Making 140K for browsing and posting on IV.org !!!

    Kidding !!!

    I am on page with you. I did it 3 weeks back. Now I am starting the whole labor at the new company , making almost 140K (60% more) with a fortune 20 company . Good position and happier......

    I did the same and didn't hung up myself on GC .... life is more than GC let us live our life.





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  • hara_patta_for_rico
    07-09 07:05 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.


    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.



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  • rajkr
    06-10 07:49 PM
    First of all there is no mention of EADs in the Bill. So I do not understand why Pappu is highlighting this issue so much.

    Grassley continues his war on H1B visas. When I see this Forum, I see a high degree of panic among the members here. Please UNDERSTAND VERY CLEARLY that this is only a proposal, not a law. To become a law it has to go through both the house and the senate.

    Grassley and Saunders have both tried to do everything possible to eliminate the H1B program over the years. They haven't had much success. I don't see them having any success with this bill either. There are very powerful interests that will step up to oppose this legislation when and IF it is ever considered. Personally, I just don't see it ever getting serious consideration.

    Saunders, while listed as an "independent", was nominated and elected as a Socialist. He simply doesn't like business.

    Please also understand that when you say that if this Bill is passed then H1b, L1, EAD can not be renewed. Many seems to forget that GC is also subject to renewal process. So why do not you include GC also in the list. Please do not waste your times on ifs and buts type of things. Focus on what is happening and what is realistic. Support CIR and how it can be approved, but do not run after something that can never ever happen.





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  • masouds
    02-15 04:48 PM
    You are blaming Indians and Chinese as a community to be racists. I will rather not mix with people who think like you. It is your perception, not a chinese or Indian problem.

    No I didn't. What I said was that they keep to themselves. I don't know. If there was 10 of us Iranians in one department here, maybe we would have kept to ourselves too.
    And I don't really care about who you mix with. Really. You are not that important. Neither am I.



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  • willigetgc?
    08-10 10:30 PM
    i feel frustrated at some peoples' unwillingness to admit that eb3 needs iv's help now more than ever. They are saying that nothing much can be done for eb3, as ins merely corrected its wrong interpretation in visa allocation

    I went to the advocacy days in DC this June, and the biggest push IV was/is making - country cap elimination. The biggest benefactor of this change is EB3 (eb2 will be helped too, but that is how INS preference system works) - again, the biggest benefactor of this legislative change is eb3. IV has been pushing this issue over and over - try reaching out about town hall meetings or any such meetings with lawmakers - and you will figure out how much iv is working on behalf of eb3. Unfortunately, not many eb3 were active until the last 2 vbs. So, please do not say, "nothing much can be done for eb3" or "IV is not working for EB3". Its just that you may not see value in the route that IV is pursuing. It is eb3 members' unwillingness to admit that IV needs grass root help more than ever now.

    but, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The ina language says that until eb2 is not current, there will be no spillover to eb3. Agreed. but i would contend that this statement is on a year to year basis. that is, if in the year 2002 (for example) all eb2 has been satisfied, then the spillovers should go to year 2002 eb3.

    i am sorry to point this out, but you are looking at this from only your angle. Don't get me wrong, i would probably do the same. Having said that, logically this change will not fly with the uscis - 2 reasons - 1. Your contention that this rule is year to year - flawed contention 2. What does all eb2 satisfied mean? - these arguments will not work. I am not pulling you or the idea down - but simply stating my point of view based on what I know of the law.

    is this something iv can point out and fight for? Can eb3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

    now a days we are seeing more threads related to spill over allocation interpretation etc, but i have not seen any single post by iv core about this. I am from eb3 community and share the frustration among others.

    i remember a time just a few months ago this year, eb2 were complaining about spillover not happening, and iv core disputed it, saying that spillover was happening.

    i see a lot of people suggesting to port from eb3 to eb2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.

    just like you are seeing the ground realities of porting from eb3 to eb2, i believe that iv knows the ground reality of proposing new interpretations to the law. I would go a little further in saying that the proposals considered here are changes in the law than changes in the interpretation of the law.


    I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......

    After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.





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  • gc_on_demand
    11-12 10:10 AM
    We should do something like this ..

    I hear Pelosi is asking for Lameduck session next week. Also heard somewhere that in order to start Lameduck session on any monday they need to send invitation to lawmakers by mid of week earliar than that monday. Haven't read so far that they will do lameduck for sure.

    Pelosi is relying on Bush to give assurance that he will sign bailout for auto makers.

    Anyway.. in any case if there will be session in Nov then we should see solid news 3-4 days before it. Once we get confirmed news about Lameduck session

    (1) Senior members or Admins can contact Zoe's Office and find out if she is willing to push for HR 5882. If she says no and wait for some time then we can go to media awareness route and wait for some time.

    (2) If she agrees I will make a list of all members of Judiciary committee whom we can start calling.

    (3) Also we can have list of member of house and senate whom we can call.

    (4) Meanwhile we will start a new funding drive along with call campaign. People will be motivated to donate if they see some movement. If we ask for money right now even 1 or 5 USD no one will donate it but once they see some movement people starts giving money.

    (5) IV core team can ask support from competeamerica and other group.

    (6) Other members who are in media industry can make awareness in media about our case with housing crisis.



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  • Karthikthiru
    09-11 11:03 AM
    It is already approved by Immigration Sub-committe about 3-4 weeks back. It has to pass through judicial sub-committe


    http://www.asianjournal.com/?c=201&a=29863


    "In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."





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  • nandakumar
    10-22 05:37 PM
    I faxed the FOIA request.



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  • StarSun
    02-22 09:13 AM
    Guys,
    We need your time, your enthusiasm on the advocacy days. IV is a grass roots organization. You are the grass roots.

    We face problems of backlogs, and career uncertainty. IV is offering a solution, if implemented, it will bring relief to all. IV needs your help to deliver what you and I "NEED" AND "WANT".

    HELP IV HELP YOU.

    We need heavy participation on the lobby days, I need volunteers from different states to ask me "How can I help?" instead, I am trying to find volunteers! I have been able to persuade members who have received GCs to help out, but getting members who are still in the mess are either unaware of the advocacy days (in spite of the thread running on the home page for the past month) or are not ready to talk to the employers to take the two days off. Capitol Hill runs on weekdays and therefore it is necessary for you to take the time off.

    Come on guys, you can do better than this. Donors, members, guests - we are all in this together!

    VA/MD/DC members, please come forward to host members from out of town. Help them to reduce costs!

    Members who have accumulated airmiles, please come forward to donate them.

    Members living in neighboring states to DC (or at least at a driving distance) find friends/members to car pool with you to the event.

    Members who have unavoidable situations at work or home and cannot participate, help fellow members to bear the costs, please donate to their trip. They are willing to take the time off, and will be representing you and your state. Why not help them?

    If you decide that you will support this effort, you will find a way to help. Anything else is just an excuse! Sorry, to say this, but that is just a fact!





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  • thomachan72
    07-05 03:25 PM
    Since the sentiment is so string against freeloaders - aren't all the people not donating to AILF freeloaders too ? Let's donate to AILF too while we are at it...
    cal_dood, couldn't make out clearly what you said. However, the main point I guess is to contribute to AILF, right? I would say yes, but not directly. The best option would be to contribute to the IV and let them know that you want the money to go to the AILF. I am sure that is what IV is planning to. It doesn't make sense to fight 2 wars against the same enemy. But said that the AILF has made requests for contributions but not very seriously. The main thing they want is to join the case and even that (the numbers required) I believe is already accomplished. So sit back and enjoy the summer, while spreading the message of this injustice.



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  • cgs
    11-22 02:54 PM
    I think the salary mentioned in H1B petition could be different the one in LC. Employer is bound to pay the salary mentioned in the H1B while employee is on H1B, the salary mentioned in LC only needs to be honored after obtaining GC.

    And how about the job title mentioned in the both petitions, could it be different?

    For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
    Please correct me if I am wrong.
    It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

    Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

    With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.





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  • battineni
    08-12 09:47 AM
    How come a person with EB2 category applied GC in 2006 doing the same thing that a EB3 person does who applied GC in 2002 gets their Green Cards approved?? Again not against any category...What in the world of kinda rationale is this is??

    not even 2002, it's just 01Jan2002, means only 2001.

    EB2 person who applied for greencard in 2006 getting the GC wth the person who applied in EB2 - 2006.

    This gap between EB2 and EB3 is keep on increasing....

    EB2 move is in Months....EB3 move not even in Days...

    I'm not against EB2... but just comparing.:(





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  • ufo2002
    01-17 02:09 PM
    waitingGC, Well said. Your assessment about this group of people may be correct. These are mostly apathy-stricken people with indifferent attitudes towards the events and surroundings around them. No change can be made with such an attitude. If it were for such lazy people, no revolution/change could have been organized and this world would still be be under imperialistic forces. Sloth is the biggest sin and an example to sloth is well demonstrated by the behavior of these people who refuse to participate.

    Equating revolution against an imperialist / occupying forces with this cause for a green card is hardly comparable. If my country was invaded, I will definitely do everything I can to resist and fight. Do people spill blood and die for a GC here? Do you know what a GC is? It is essentially a piece of paper that says you have permission to live, work, re-enter the country freely (just one step short of voting rights).

    Sloth is one of the 7 sins, and so is Vanity. I admire and respect people who are contributing to the IV cause, but you don't have to beat down on people who don't contribute. We all have our reasons for doing things our own way. Respect that, and people respect you.





    rimzhim
    04-04 03:46 PM
    That is a good question. And here is a reply to that.

    Why does IEEE oppose H1? Because its members do not like competition from people whose profile match IV members i.e. people on H1B. If IEEE would be in love with green card and people waiting on green card, they would not support John Miano and his testimony. IEEE-USA's memberships consist of middle aged racist engineers who cannot keep up with the competition from mostly Asian younger workers. In the 80s and 90s, they were talking about globalization and its benefits as they got a jump start to get most of the global work. Now, other people in other nations have caught up and same globalization is causing them to pee in their pants. They understand that globalization is good for the country and the society. But what is good for the nation is not always good for each and every individual. So to save their lazy ass, they now want protection from their government, without realizing that if they get the protection they are seeking, they will not be able to enjoy that protection for very long as the companies will be compelled to look for more efficient and cost effective ways to do work.

    Anyways, answer to your question is in your question i.e. How could someone be against H1b and for green card?
    are you aware of the fact that IEEE actually lobbied to get a special quota of H1B for US-educated folks? these folks who fill this 20K quota are foreigners and by your logic will definitely be competing against these "racist" ppl. Because of the principled stand IEEE has taken, it continues to have clout.





    paskal
    01-28 11:34 AM
    i hear a lot of complaints from you and i do understand your frustration.
    i also seem to realize that you want a lot and are holding on to anything you might give in return.
    work like lobbying is done in the background- and you seem to know that. it is not the time to send web faxes. last time an update came there was a war here, and there has been an iv newsletter in the new year. unnecessary information provided publicly can backfire on us in the worst way possible. incidentally you are further wrong- lawmaker contacts are taking place and updates are being given- in the state chapters. repeatedly, members have been begged top join a state chapter, or if one does not exist, to help start it. have you joined one? i humbly suggest you do. you may see a lot more action there- and maybe actually do something, rather than constantly whining here that no one is updating you. in our state chapter teleconference an iv core member updated us. subsequently another core member has posted mails on the group with advice and suggestions and resources.
    i hate writing posts like this or even responding to posts like this. please understand that people like me who are trying to get things moving are as frustrated as you are, because we can't get enough support.
    we are not iv core. and they have full time jobs and families. still, they are traveling, contacting lawmakers, helping and updating state chapters and coordinating with lobbyists and friendly organizations, getting prepared for upcoming legislative action.
    if your $20 is dependent on their making more time for you, WITHOUT you making any time for iv except to complain, then maybe it's best in your pocket. you seem to forget, and i have said this before, it's not iv as an organization that will derive any benefit from the money- it is YOU and ME and EVERY OTHER PERSON STUCK IN RETROGRESSION.
    so please help yourself. this is not a free lunch. if your money is so valuable, make time. but do something- add members - and then, your complaints will begin to have some legitimacy in other's eyes. if you are doing all these things already, i apologize- but i doubt it- you would be complaining less once you understood how hard it really is to move people off their butts.
    enough said and thanks for reading.



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