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  • asanghi
    07-17 07:49 PM
    I don't why you were banned. However I do know how you feel. I guess that probably should be one of next big item for fights - BEC elimination.

    If it is any consolation however, present efforts will help you in the sense, once your labour is approved, you won't have to deal with retrogression




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  • vikramy
    09-29 06:19 PM
    I guess it's not about service. It's about job professionalism. There is no problem with Air Hostess or employees, but it is management. Let me give snap shot of my exp.

    My flight was from Bangalore --> Bombay --> USA

    Flight took off at Bangalore 60 mins late. Staff reassured that flight in Bombay will be waiting

    Once we reached Bombay they took boarding passes and tore them off. They said your flight already left, you have to go next day. Some passengers noticed that few passengers are still boarded into US flight with flight nbr given in our boarding passes. When everyone made an issue about this they said, it's overbooked so we can not accommodate.

    So their statement that flight took off was literal lie which is unprofessional. Also they deliberately delayed Bangalore flight which also they did not manage nicely

    Then they said go to Delhi there is a flight. We reached delhi there is no flight. There AI staff said not sure why they sent you here. Only option is next flight starts tomorrow. Next day they listed the flight but again they say it's cancelled due to technical difficulties and part has to come from other country and you can fly only tomorrow.

    By that time there were passengers of 2 days waiting. when every one made a big noise, they arranged a flight after 4 hours.

    They should have made alternate arrangements before all this mess and 2 days of waiting. Consider people with infants.

    I understand unfortunate things happen but deliberate lies due to mismanagement and moving you around just to buy time is completely unprofessional. I did not find this kind of unprofessionalism in other airlines, even though there are other bad experiences with them also.




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  • paragpujara
    06-30 05:59 PM
    I received Card Production Ordered email today for my EAD renewal. I hope I get the EAD for 2 years. Will keep you guys posted on the EAD validity once I get it.




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  • nik.patelc
    09-30 09:34 PM
    Dude you brought up the point of being a proud donor. Nobody gives a hoot if you donate or not.
    You are doing it for yourself and not for humanity.
    Get it right!

    And the way you behave shows what kind of background you have (UP/Bihar)
    So just grow up and learn how to respect others!!!

    Arunmurthy, Please dont drag UP/Bihar. Bihari are proud indian too. I am not bihar but narrow minded guy like you talk all this nonsense. People from south may be educated, techy but very discrimating and hyprocrate. Most sound indian just hang out on their identity group and we all know if non south indian and south indian go to interview for tech job and person taking interview is from south, who gets job?



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  • rajuseattle
    01-14 07:11 PM
    Mohican,

    From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.

    I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.

    Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
    or for some other reason revoked your approved I-140.

    If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.

    Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.

    Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.

    Technically you can not use EAD until they restore your I-485 petition.

    Wish you good luck and hope you will have a successful outcome.




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  • optimist578
    04-09 01:13 PM
    Hi All,
    I have been laid off today. Please help me with any resources you might have to find a job on H1B. Will send my resume if you ask for.
    Will appreciate anything.
    -----------------------
    PD Mar 2003.
    Labor approved and I-140 cleared.



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  • Eb3_frustrated
    03-17 09:49 AM
    http://thomas.loc.gov/cgi-bin/query/z?c109:S.2454:

    The proposed bill does not have guest worker provisions. Hope this thing survives the senate and most importantly the House




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  • Brightsider
    01-13 02:44 PM
    My experience has been similar,although I took the e-filing route for my wife.
    Incidentally, e-filing is very convenient and takes less than ten minutes.....if you keep all the info ready. Apart from charging the right amount, the receipt also mentions where the application needs to be sent. There was some confusion when I was reading the paper-based form instructions, until I saw the receipt printout.

    After e-filing, took a print out of the receipt and added
    Copy of I485 receipt (I797)
    Copy of earlier AP
    Copy of marriage cert (I cant recollect why I began using it. This is the 3rd AP...renewed twice after the July 2007 filing)
    Copies of the passport pages
    Copy of I94
    Two photographs

    We mailed it on 16 Dec, and today it has been approved and mailed back.
    It was quite exciting to see the 'post-decision' bubble being filled up.



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  • adhantari
    08-05 02:28 PM
    expertise are..... mind you there are not that many jobs available. Now people will argue this isn't the case..... but I have seen many many people just hanging around doing Gas station, security, truck driver jobs to get to citizenship and then come back to US.... Beware....

    Canada Immigration Discussion Forum (http://www.immigration.ca/discussion2/)




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  • prashantkh
    07-03 04:16 PM
    Well thats our fate .. we are always forced to piggyback on a larger issue. With CIR it was illegal immigration, now it is H1-B. But you got to understand that if not for corporate lobbying (who have a heavier stake in H1-Bs) this bill would not have seen the light of day, that too in the house. We got to be thankful we are at least not being treated on par with the illegal aliens .. the broad theme of this bill is highly related to skilled immigration, which is much less controversial than granting citizenship to illegals; not withstanding the tancredos and numbersUSAs who will still be yelling doomsday from the rooftops. Granted we are flying under the radar as usual, but I very much doubt this will be an H1-B only bill without any EB relief.

    I agree, lacking enough "pull" either monetarily or numerically puts us at a disadvantage. However, I just read this post from indianindian2006

    http://aila.org/content/default.aspx?docid=19879

    It clearly says that there are provisions to address issues for permanent residency. Two that interests me and most others are:

    1) Exemptions for U.S. educated foreign workers with master's or higher degrees from the H-1B and EB green card quotas so their talent can be retained in the United States.
    2) Exemptions for EB green card immigrant spouses and children from the annual cap, thus making more visas available for the innovative professionals we need.

    So hopefully all is not over yet :) ....

    PK



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  • nrakkati
    03-20 08:22 PM
    OP was never out of status as he was working for one of the employers on proper work authorization all the time. The only question is whether employer X canceled H1 ?Even if they didn't, it is employer's problem not OP's.

    Anyways it is better to respond to this query through a lawyer.

    Thanks gc28262.

    I was all the time in valid status. I was legal with 'employer #1' H1B and before it expires, I got H1B from 'employer #2', before 'employer #2' H1b expires, I got EAD (used with Employer #2 and still with 'employer #2').

    At some point while with my current employer (employer #2), I thought of changing job and 'employer x' sponsored my H1b (I do not know if it is new H1 or transferred), but changed mind, and continued work with 'employer #2'. 'Employer #2' did not cancel my H1B at any time. I have called 'Employer X' and he said my H1B was canceled last week.

    Thank you




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  • needhelp!
    03-05 02:32 PM
    Still puzzled and wondering why they would ask about PD.

    Is this something we have to fill out on the AOS application?

    I know it is not always the labor filing date, it can be the I-140 filing date if someone didn't require labor cert.

    But, do we fill this date out on 485 app and is it entered into their system?



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  • gcformeornot
    02-02 01:06 PM
    There are around 400 immigration litigation lawyers. If 10 members can volunteer and send this template it can be done. I am in between projects and I cannot devote any more time for this. If anybody takes control of this thread and contacting the lawyers I would be most happiest person. Pls don't tell me that there are no leaders in this group of 25,000 people who can do this miniscule task of contacting 400 lawyers and co-ordinating with them.

    Search Results (http://www.ailalawyer.com/SearchResults.aspx?LanguageId=english&pid=326&Lang=99&miles=100)

    TEMPLATE LETTER

    Sir/Madam,

    We are a legal immigration association with more than 25,000 members in different visa statuses like H1-B etc. There is a per country quota which prevents any country from getting more than 9800 visas.
    Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html)

    This effects permanent residency (both familty based and employment based)applicants from India, China, Mexico and Philippies only. For example an Indian engineer with a masters degree has to wait 7-8 years for his permanent residency while an engineer with a masters degree from Mauritius would get his green card immediately.
    We would like to challenge this racist federal immigration law. We would greatly appreciate if your organisation can help us from doing so.

    These are some of the facts from the basic legal research that I have done.

    Different Supreme Court Decisions

    Find your legal rights, legal Information, law for common legal issues including lawyers for legal advice or legal help to your legal issues (http://public.findlaw.com/civil-righ...n-history.html)

    Gratz v. Bollinger

    Gratz v. Bollinger - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Gratz_v._Bollinger)

    In 1978, the Supreme Court ruled in Bakke v. Regents that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment.[1

    Bakke vs Regents

    Regents of the University of California v. Bakke - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Bakke_v._Regents)


    Supreme Court Opinions

    Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw (http://caselaw.lp.findlaw.com/data/c...ment14/20.html)

    Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw (http://caselaw.lp.findlaw.com/data/c...ment14/30.html)

    Articles

    http://www.usatoday.com/news/washing...me-court_N.htm

    http://www.enotes.com/everyday-law-e...against-racial


    Thanks,
    XXX

    but you know most users will do????? Give you a GREEN :D




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  • chanduv23
    09-25 12:59 PM
    Continued from previous post

    EOIR-44 �Immigration Practitioner Complaint Form� � Individuals who seek to file a disciplinary complaint against an immigration practitioner who practices before EOIR and/or DHS may file a Form EOIR-44. The form assists the investigating counsel in EOIR or DHS in determining on a preliminarily basis what action, if any, should be taken based upon the allegations raised in the complaint, including whether to conduct a preliminary inquiry, request additional information from the complainant, and/or refer the complaint to a State bar disciplinary authority.

    In addition, the form provides complete filing instructions (on the back) and information on confidentiality, disciplinary complaint procedures, and formal disciplinary proceedings.

    It is important to note that a Form EOIR-44 is not required in order to file a complaint. Individuals may write and submit their own complaint statement or letter according to the instructions in the �Questions and Answers� section below.

    EOIR-45, �Immigration Practitioner Appeal Form from an Adverse Decision of an Adjudicating Official in Practitioner Discipline Case� � Immigration practitioners must use Form EOIR-45 to appeal to the BIA an adverse decision of an Adjudicating Official regarding a disciplinary proceeding. The form provides filing instructions and information regarding:

    Right to representation by an attorney or representative (at no expense to the Government),
    Submission of briefs and service on the opposing party (including addresses of service),
    The BIA�s summary dismissal grounds,
    Oral arguments and how they may be requested, and
    Required notification of change-of-address.
    All four forms are available at all Immigration Court locations, the BIA, and DHS offices, at no cost. In addition, the forms may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.

    Any person may file duplicates of the forms, provided that any such duplication must conform exactly to font size and type of the Government-issue original and be printed on standard 8� x 11-inch bond paper.

    * * * * *

    QUESTIONS AND ANSWERS

    For Complainants:

    Q. How do I make a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.


    Your name and address,
    The attorney�s or representative�s name and address,
    An explanation of the circumstances and details of your complaint, and
    Your signature.
    Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:

    Correspondence between you and your attorney or representative,
    Documents concerning the underlying immigration case (including the case name and number), and
    Copies of filings in connection with the case.
    Neither EOIR nor DHS can accept complaints over the telephone.

    Q. Where do I send a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before EOIR (the Immigration Courts or the BIA), send your Form EOIR-44 or your own complaint statement or letter to:

    Executive Office for Immigration Review
    Office of the General Counsel
    ATTN: Bar Counsel
    5107 Leesburg Pike, Suite 2600
    Falls Church, VA 22041

    If the complaint concerns the conduct of an attorney or representative in a matter before DHS, send your Form EOIR-44 or your own complaint statement or letter to:

    U.S. Citizenship and Immigration Services
    70 Kimball Avenue, Room #103
    Burlington, VT 05403
    Q.Where can I get the EOIR-44 complaint form?
    A. You may obtain an EOIR-44 complaint form from any Immigration Court, the BIA, and DHS offices. In addition, the form may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.

    Q. After I file a complaint, what will happen next?
    A. Your complaint will be reviewed by the investigating office to determine whether it warrants further investigation, and, if so, an investigation will be conducted. If, after completing the investigation, the investigating office determines that a violation of the Rules of Professional Conduct for Practitioners has occurred, a Notice of Intent to Discipline will be issued and then sent to the attorney or representative, including a recommendation that discipline be imposed.

    Q. Will I have to testify against my attorney or representative?
    A. You may be called to testify if a hearing is held. Your testimony may be important in determining whether your attorney or representative violated the Rules of Professional Conduct for Practitioners.

    Q. Can you get my money back for me and find another attorney to represent me?
    A. EOIR cannot:


    Require your attorney to give you your money back,
    Force your attorney to act for you or tell your attorney how to proceed with your case,
    Give you legal advice about your case or otherwise represent you, or
    Recommend a particular attorney or law firm who might help you.
    EOIR can give you a list of free legal service providers located in your area. The �Free Legal Service Providers� list is posted by State on the EOIR Internet Web site at http://www.usdoj.gov/eoir/probono/states.htm.

    For Practitioners:

    Q. What if one of my clients files a frivolous complaint against me?
    A. Every complaint will be investigated thoroughly. If the investigation concludes that no violation of the Rules of Professional Conduct for Practitioners has occurred, the matter will be closed. Except under limited circumstances, complaints are kept confidential.
    Q. Am I entitled to be represented by counsel in a disciplinary proceeding?
    A. You are entitled to be represented by counsel at no expense to the Government, or, if you so choose, you may represent yourself.

    Q. Where do I get the notice of appearance forms (EOIR-27 and EOIR-28), the complaint form (EOIR-44), and the appeal form (EOIR-45) for a practitioner discipline case?
    A.These forms can be obtained from any Immigration Court, the BIA, and DHS offices. In addition, the forms may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.



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  • chennai
    07-23 12:02 AM
    Thanks for the reply. I talked to IRS and was on the phone with them for 1.5hrs and she said I can apply for her ITIN even though she is not here.

    Anybody here got ITIN for spouse even though spouse is not in US?

    Thanks.



    You can apply for ITIN even if your spouse is not in US. I have done it ealrier but the only condition is she shouldhave visited US on dependent visa last year for your to claim?
    -Udaya.




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  • GC_Wait2002
    07-23 03:47 PM
    I am one of the victims here. I filed my labor on August 2002 EB2 and it is still waiting in the backlog center In-Process. I (w)hole-heartedly support for this...i guess we should send flowers to backlog centers...



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  • delax
    07-15 07:48 PM
    I already mentioned in my previous posts (multiple posts with same matter for people like you and me, see it and understand it well) how we are getting more than 50k visas just for EB2 India. I am giving it here again the visa allotments for 2006 and 2007 years when theres vertical fallouts. Now its changed to horizontal fall outs.
    Due to this as many of us think its not the EB3 India which is losing, but its EB3 ROW.

    Class --------------------------------------> 2006 | 2007

    Total Employment-based Approvals ----------> 159,081 | 162,176

    EB1 ---------------------------------------> 36,960 | 26,697

    EB2 ---------------------------------------> 21,911 | 44,162

    EB3 ---------------------------------------> 89,922 | 85,030

    Fourth:-------------------------------------> 9,539 | 5,481

    Fifth (investors) ----------------------------> 749 | 806


    See the Total Employment Based Visa approvals for 2006 and 2007 159,081 and 162,176. But there are only 140,000 visas in EB category. The rest of the visas came from Family Based visas which are not used for the previous fiscal year. The share for each category: Each EB1, EB2 and EB3 should get 1/3 of 140,000 = 46,666. But due to the less demand in EB1 and EB2 ROW all the visas falling to EB3 ROW due to the Vertical falling.


    EB1 ROW --> EB2 ROW --> EB3 ROW.

    EB1 INDIA --> EB2 INDIA --> EB3 INDIA.

    As theres not much demand for EB1 ROW and EB2 ROW, all the unused visas are going to fall to EB3 ROW. So from this time its going to be like Horizotal fall out like below.


    EB1 ROW/EB1 INDIA --> EB2 ROW/ EB2India/ EB2China-->EB3ROW/EB3 INDIA.


    So this time to fall any VISAS into EB3 ROW they have to pass through EB2 India/EB2 China. So this makes EB3 ROW dates would retrogress due to the decrease in visa numbers availabilty.

    As I said each category would have 46,666. So EB1 and EB2 together will have around 93,332 visas. But in EB1+EB2 in 2006 about 50,000 visas approved and in 2007 about 70,000 visas approved. So for 2008 also asume the demand for EB1 and EB2 is 70,000. But the availability of VISAS are 93,332 as said above + unused family visas which come around 19,000+.

    So for this 2008 fiscal year for EB2 India and China the total visa numbers availlable are


    (93,332 +19,000) - 70,000 = 42,332.


    So around 42 thousand + 9,800 (regular 7% of 140k) = around 52k Visas Just for India , because EB2 China was already Jan 2006 a year back. And I dont think it would take any considerable share in this 50k other than its regular 9,800 visas.


    Get me back if you have any doubts.

    I think this makes complete sense. If USCIS continues with the same intent/logic from this point on then 50k visas is possible. We can argue over a few thousand here and there but the increase will be substantial as compared to prior years. The big caveat to all this is that USCIS/DOS continue the horizontal spill over from this point on.




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  • simplefun
    03-06 08:24 PM
    We should get 5-10 immigration firms like murthy or AILA to sponsor this research.




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  • rexjamla
    04-17 08:15 AM
    I filed my labor twice with Fragomen and got rejected in 2001 and 2002.
    Just for H1B visa extension they took more than 9 months. Although they have all my papers for months. Eventually, I had to leave my employer for good.

    Stay away from them if you have choice.




    Michael chertoff
    03-28 08:36 PM
    Also stop siding with this MC guy as he seems to be no good.

    I told you smart ass. there is no point in fighting here and insulting anyone. just give your informatiion, i can contact you and willing to tell you how good or bad I am.

    Now just relax.

    MC




    somegchuh
    07-19 04:46 PM
    I agree with you there is no point in moving to canada if u are going to do the same job there. You might as well do it here.

    The point is that if you move to canada or any other place you have the freedom to take a higher position and your spouse gets to work too. Thereby improving your income. I think these decisions are really based on personal circumstances. For some ppl it might be the right thing to do, for some it may not be.
    Again what is the point in moving to Canada just because you are tired in waiting here. Are you going to do the same job in Canada. If yes, I would do that here.

    For me, only person who could move to Canada is:
    1. Way better career jump.
    2. Do not have wavery mind of coming back to US. If happens come back, but do not start with that as you will not lead happy life.
    3. Keep the GC processing alive in US.



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