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  • pappu
    09-21 11:24 AM
    Let us give IV Core a few more days to think through and recommend the next course of action. Many must have returned home from DC only yesterday after being present even on Wed. after the majority of us had returned.

    I currently have 450 unread emails in my inbox. I Have not been able to catch up on those due to busy schedule before the rally and the travel to DC. We have some plans for post rally action items and are also watching how the current bills and amendments are progressing.

    One action item everyone should do at this time is to:

    1) Join your state chapters if you have not.
    2) If you have already joined your state chapter, then get active and lead it if there is nobody to lead.
    3) Contact your state chapter lead and plan some local chapter activities/action items to strengthen your group
    4) If you attended the rally/were a witness of the rally events on the forums, then spread the message about our success to all your friends and contacts and urge them to join this effort.

    This is the time to make ourselves more stronger. We have already established ourselves as a major voice of this community in DC. Now we need to get ready for the legislative work. Such work will need much more support from everyone and we will surely succeed. With each success we are gaining more confidence and strength. Support from lawmakers for us is also increasing and we should all be proud of it.

    Lets continue to make our IV strong.




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  • days_go_by
    03-08 04:58 PM
    of course, a different visa type, discrimination built into the law.




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  • akhilmahajan
    12-20 07:53 AM
    Were you on H-1 or EAD? Just curious? If on EAD did you keep on working or had to sit home.

    Will really appreciate your reply.

    GO IV GO.

    Hi guys,

    Thanks for your help guys.

    My MTR has been approved after 70 days and I-485 has been reopened. Though online status has not been changed yet but attorney received an MTR approval notices.

    Ram, have u seen any online updates?

    Thanks,
    Prince




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  • jingi1234
    08-04 12:00 AM
    Since you have not joined company B then why you worry whether they cancel H1b or not. As long as company A is having your H1b, nothing to worry & no need for reapplying for H1b transfer back to company A. There is no concept of H1b transfer, every company apply a new H1b when you join them and employer/employee relationship exist as long as they don't cancel H1b. Hope this helps.


    My friend has a similar situation.

    He transferred H1 to Company B and worked for 5 weeks and descided to come back to company A (He is 100% sure that Company A didn't revoke / calcel his H1 and he has valid H1 till 2009).

    IS this OK?

    Please help by clarifying...

    Thanks



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  • nrk
    06-10 03:45 PM
    Yes Sep 30th

    from October 1st new fiscal year starts for USCIS
    which month is FY-2010 end for USCIS? Sep?




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  • mirage
    07-05 09:12 AM
    Guys,
    They are going to reject all applications. They want more money. The whole issue with July bulletin was More Money. DOS wanted USCIS to take 1000s of application in july. But USCIS fought back saying no way in july. We'll not take 1 application in july. We want more money...money .... money...



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  • paskal
    07-18 10:43 PM
    even though I am in EB2..from my personal experience, the kind of IT contracts/jobs/assignments we (most of us) do, I dont think there is anything that an EB2 qualified can do which EB3 cannot do.



    i would be very careful about making such an argument.
    if this is true in IT then the opposite argument is perfectly valid (and that is the one USCIS/DOL will accept) - that the folks in EB2 are not doing a job that needs an advanced degree and they should be in EB3.

    and if this is true:

    "If the requirement is genuine then it is ok to give priority to EB2. But in reality(mainly consulting companies) the job requirement is decided mostly in Lawyers office or by candidate just because candidate has
    master degree or 5 years experience."

    then maybe applicants and their employers should start shouldering some of the blame for the current backlog instead of blaming everyone else.

    i have no personal knowledge of this. in my field, there is no question that an advanced degree in needed. in fact, something well beyond it is the standard qualification.




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  • Macaca
    09-17 01:28 PM
    Congress quietly returns to immigration (http://immigrationvoice.org/forum/showpost.php?p=167577&postcount=1090) A broad overhaul failed this summer, but an array of smaller measures is under discussion, including ways to legalize certain workers By Nicole Gaouette (nicole.gaouette@latimes.com) | Los Angeles Times Staff Writer,
    September 17, 2007

    Republicans also are considering a bill that would overhaul visas for high-skilled foreigners.
    Senate Republicans are also discussing ways to increase the number of visas for high-skilled workers, now capped at 65,000 a year.


    Learn what is true
    in order to
    do what is right
    Thomas Henry Huxley



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  • vin
    06-14 01:31 PM
    But still the good news is everyone would be able to get their EADs and escape from the clutches of H-1B renewals and restrictions of remaining with the same employer etc. It's freedom to work anywhere! Doesn't matter when actually the I485 gets approved, until then you're free of H-1B tension at least. This is a big leap forward.




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  • mbartosik
    02-28 06:11 PM
    I mailed to IV a batch maybe 70 today. My balance somewhere over 100 (about 117 I think)
    Probably won't arrive in IV PO Box until Monday.



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  • cagedcactus
    10-22 10:19 AM
    yes it was very encouraging to see all the confirmed and some more showed up...
    We could clearly see that all the members were upbeat and ready to go...
    WD, many thanks for the information and material you prepared for the meeting. You are clearly our technical and knowledge source leader....

    We will continue with the game plan... as you noted down step by step.
    Our first goal now is to have a phone meeting with leaders where we can gather up some training material, and discussion points.
    We also need some information on how to approach the senators locally, and set up meetings... what should be brought up in the meeting and what should be avoided... etc...

    I appreciate all those who came, and also those who wanted to come but couldnt due to some legit reasons....
    Our first meeting was a huge step. Others need to see this, and start participating in the local drive.... we dont need your money here, you can continue contributing to IV .... we just need your time and help so we can do this together..... we can defeat this monster together....

    Rise Michigan.... rise now.... we do this now.... or never..... for the sake of your family, friends, fellow countrymen, and all those who are affected due to these unfair backlogs....




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  • amitjoey
    05-20 10:56 PM
    Target by end of today was $6400

    Amount by end of today is $2500.



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  • pdFeb09
    06-16 04:33 PM
    Is it possible to upgrade from EB3 to EB2, if person is working on EAD after AC21 is invoked and H1 is expired?

    I believe it is possible if your company is willing to do it. Having said that, you would be better off asking this question to a qualified lawyer.




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  • neverbefore
    10-06 12:51 AM
    Check this article out people: Why Indians don’t give back to society - Culture - livemint.com (http://www.livemint.com/2009/07/02203128/Why-Indians-don8217t-give-b.html)

    What do you think?

    Regards



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  • Jaime
    09-20 11:59 AM
    This might work !! We should have state chapters collect a minimum amt of $50 or so and register people who agree to attend the rally. Then upon showing up on the rally day they will be reimbursed the fee...!
    ---- $50 is dear to everyone!!

    Keep the creative juices flowing! Come on guys! Ideas?




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  • nave_kum
    07-22 03:24 AM
    07/21/2007: RFE/NOID Flexible Time Frame Rule and Need for USCIS Discretion for Pe-July 17, 2007 EB-485 Filers

    July VB Fiasco was a tragic event in the American immigration history and we are grateful that the USCIS rectified the problem on July 17, 2007 by reversing its decision to deny July 2007 EB-485 applications. We do not have specific statisics on EB-485 filers from July 2, 2007 until July 17, 2007. However, for the two reasons, among others, a large number of applicants sent in EB-485 applications during the period. Firstly, they more or less anticipated that either DOS or USCIS would rectify the problems because of the potential serious flaws in their decisions. Secondly, AILF was preparing class action lawsuits and they wanted to make it sure that they took advantage of being a member of the class without actually being named as plaintiffs. One time, people thought it was a smart move and right thing to do it, even though this reporter suggested to the people to wait until August VB was released.
    Currently, these early filers are literally going through nightmares, hardships, and sleepless nights because of the two reasons. The first reason is that their cases have been on hold and no Receipt Notices have been issued. The second reason is that recently the USCIS revised its rule (1) allowing the adjudicating officers to exercise a discretion and issue a RFE with the response time of less than 12 weeks and (2) to exercise a discretion to either reject or deny a petition or an application without issuing RFE when the "initial evidence" is missing in the filing. Combination of these facts is currently creating a turmoil to these filers for the two reasons. There are some filers who submitted I-140/I-485 application without a sufficient documentation in haste, for instance, medical report, or other flaws in the submitted evidence. These people are restless not knowing whether their application could be rejected or denied, indeed a truly deadly consequences. The circumstances force them to wonder whether they should refile the petition/application before August 17, 2007 not to take any chances. There are, however, two hurdles to such decision. One is the recent denial of I-140 petitions by the adjudicators if the petition was not accompanied by the "original" labor certification. The another reason is no fixed rule or policy on the filing of multiple I-485 applications. This creates a fear that their second filing may also be rejected or denied. They are thus trapped! The second victims are international travelers. If the application is either rejected or denied and they are present in the U.S., they will be able to refile it after correcting the flaws in their initial evidence before August 17, 2007. However, when they are not present in the U.S., they will be deprived of such opportunities, which may be considered "deadly." Some people are still present in the U.S. at this time, but because of business or personal emergency, they will have to travel outside of the country using their H-1B/H-4 or L-1/L-2 visa. If their cases are rejcted or denied during their absence, they will not be able to refile it timely before August 17, 2007. They are trapped again! Their act which was considered a right thing to do to one time turns out to be a nightmare. Who would have anticipated the nightmare?
    We urge the USCIS to consider the following actions to relieve these applicants from the unnecesary hardship:
    Under he RFE/NOID Flexible Timeframe rule, a decision to reject or deny without a RFE remains a "discretion" of the individual adjudicator in each case. This reporter proposes that considering the unusual circumstances involving the July VB fiasco and the USCIS unusual remedial action at the last minute, the USCIS exempts these filers from the rule and make it mandatory to issue RFE before rejection or denial unless the following flaws are found in the filing:
    No filing fee checks or flaws in the filing fee checks
    Missing signatures in the forms
    Missing forms
    Missing underlying certified labor certification application for I-140 petitions (either original or copy).
    Should the filers decide to refile it before August 17, 2007, the USCIS should accept a copy of the certified labor certification application rather than rejection or denial of the refiled I-140 petition. In fact, it has been the INS/USCIS tradition to accept I-140 petition with a copy of the certified labor certification application inasmuch as the original was on file with the agency, albeit in other file of the same applicant or other applicants. Accordingly, it should be a matter of adhering to the tradition and to instruct the adjudicators not to reject such refiling on the issue of a copy of the certified labor certification application. Additionally, inasmuch as there is an evidence that the labor certification has been certified by the DOL but the applicant was unable to submit the original or copy because the application was lost or yet to be delivered to the applicant, such I-140 which was filed during the period should not be rejected or denied. Again, it has been a tradition of the agency to request a duplicate certified labor certification from the DOL by the agency itself when there was a proof of certification. We urge the USCIS to exercise the discretion and instruct the adjudicators not to reject or deny I-140 filed during the problem period for the reasons of missing "original."
    Foregoing actions will relieve these filers from most of the nightmares or status of being trapped. It is thus strongly urged that the leaders of the USCIS extend a compassion on a human level and exercise a discretion immediately to take the foregoing actions. This reporter has been receiving hundres of emails from these filers and had to share the pains and emotional despair since there was no answer to the foregoing issues under the curcumstances. Since the deadline of filing is August 17, 2007, the USCIS should swiftly release an announcement to relieve these people from the problem "effectively." On behalf of all these trapped, this reporter personally pleas the leaders of the USCIS to act quickly.



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  • lotsofspace
    12-10 04:51 PM
    I fully agree.
    They may have some material education.
    But Indian guys working here are third class fellows.
    Arrogant, low tendencies, flase values etc.
    They don't even mix with other Indians and think they are in Heaven or some thing.Don't worry if they loose their GCc.
    These guys are unworthy of gettings GCs.
    Best Regards

    Don't make generalized comments. Are you an Indian ? If not why do you make such comments ? Did you meet all Indians ?

    If you are an Indian, Do you consider yourself also arrogant, selfish third class person unworthy of a GC by your own definition ? You probably meant other Indians except you (Arrogance and selfishness by your definition) :)




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  • hydboy77
    02-14 06:03 PM
    I hear some people saying childish things like hijacking this thread if anybody says anything different from what they say. What do you prefer, should I open another thread with title "oppose prefiling AOS", nobody wins neither will I or you when somebody does that. Please tolerate others views then they will tolerate yours.

    Without strengthening AC21 if you allow everyone to file AOS then anti eb folks like Grassley, Sanders, Sessions, Durbin will move from targeting H1b to targeting EAD. It takes 6 months to get Perm approval, with pre filing AOS everyone can get EAD in 6 months, anti eb folks and USCIS know that people will be jumping to EAD to escape H1 crackdown, what do you think they will do, they will add amendments and Bills to put restrictions on hiring EAD just like they put restrictions on hiring H1b. We cannot make EAD into another H1b like hell.

    Prefiling should be done to give relief to people who missed July fiasco only after
    1. Remove\dilute same similar job requirement
    2. Make sure EAD is extended without any rfe. USCIS will invent thousand things to issue rfe, EAD should be in a different league to h1 and it should not turn into another h1 where you are slapped with rfe left right and center. Example Pay stub rfe, ability to pay rfe, customer Purchase order RFE etc etc etc, Green card holders don’t have any problem working in these same jobs so why should EAD people face this nonsense (otherwise it is just like h1). Before people complain this will become like a green card, lets me answer in advance, if a person from ROW can get his green card within 12 months of coming to US, why cannot people from India\china who have worked in US for the last 5 to 10 years get the above mentioned relief on EAD. EAD should be superior to h1.the only restriction should be you should work in the same field, i.e. if your labor certification is for Software engineer, programmer analyst etc , then you work in a software related job and cannot become a greeter in walmart :-)

    Without strengthening EAD\AC21 with the above mentioned items you are turning EAD into just another h1.If we push for prefiling AOS without strengthening Ac21 it is a big disadvantage and slap on the face for all the people with older priority date. Because of July fiasco when everybody got current and filed for AOS, USCIS issued GC to people from 2006 leaving behind people from 2003, 04 and 05. USCIS should have gradually moved the dates from 2003 to 04 to 05 that way people with older PD would have got it first. With prefiling AOS it will become a lottery like in August 2008 where 2006 PD got GC over 03,04 and 05 in eb2. Safeguards have to be put in place for order of priority date otherwise USCIS will indulge in this lottery mode and excuse there behavior by claiming they did this to save visa wastage.




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  • walking_dude
    10-17 05:16 PM
    Needless to say, I'm Coming.

    I will also get a copy of 'IV Talking Points' given as part of DC Rally, some docs to get started on some immediate action items, and get us started on activities.

    I also volunteer to take 'Minutes of the Meeting'.




    akhilmahajan
    12-20 07:53 AM
    Were you on H-1 or EAD? Just curious? If on EAD did you keep on working or had to sit home.

    Will really appreciate your reply.

    GO IV GO.

    Hi guys,

    Thanks for your help guys.

    My MTR has been approved after 70 days and I-485 has been reopened. Though online status has not been changed yet but attorney received an MTR approval notices.

    Ram, have u seen any online updates?

    Thanks,
    Prince




    neerajkandhari
    06-30 05:49 PM
    And the worst thing is they approve it from the date tey approve it to 1 year after..My EAD which was expiring on 2th Sep'2008 was approved until Jun 20th 2009. Basically I got a 9 months extension...What a plan...


    I got my card today
    the old ead was expiring on sept 2008
    the new is expiring on sept 2009



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