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  • belmontboy
    05-30 04:50 AM
    Yes, every outraged indian should send an email to Air France. The content of that should clearly indicate that they will never fly Air France again due to these "racial" discrimination allegations.

    That should teach them a lesson.




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  • skark
    04-23 08:36 AM
    Hi,

    Employee of company A accepts an offer from another company B which promptly applies for a H1B transfer premium processing and its approved. Now the employee cannot join company B due to some problem and wants to remain with company A. Does company A need to apply for H1 transfer?


    As I understand there will be no need to apply for the transfer again and the employee can continue working for company A. But the tricky part here is what if company B cancels the employees H1 visa seeing the employee did not join its workforce (considering that it just transferred it)?

    Can some knowledgeable people please comment on the above scenario please.




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  • logiclife
    02-13 12:57 AM
    I think a change of leadership of IV is critical if we have to get anywhere. IV has not been able to achieve a single thing in all of its existence. Not a single thing, nada, zitto, zapata. Not disclosing the issues they are working on, not disclosing how the funds are distributed, not disclosing the lobbyist they are using. Who in the world calls that leadership!

    That is the reason that no one wants to contribute. First get some results, show people results for what they have paid for. Then ask for more money. Most people I talk to are confident that IV will achieve nothing given their track record. I tried to convince a colleague to join IV. He bet with me that they will not be able to achieve even this filing I-485 issue. He bet that he will join and pay if they did.

    I know IV works like dIVorced wIVes club and saying anything negative is taboo. Anyone saying anything negative is crushed with (p)curses. Only good mushy things are allowed here. So here it is: We will get our GCs by the end of the month. Hallelujah!

    But I am writing this for the benefit of IV and please take this as constructively as you can. As a member, I have full right to suggest a change of leadership when I think it can help.

    Microsoft has not been able to achieve raise in H1 quota in last 3 years ever since it has become stuck at 65,000. Maybe Bill Gates should fire his entire lobbying staff in DC. Change of leadership. US chamber of commerce could not get CIR done last year. Maybe its time for change of leadership in US chamber of commerce too. Technet and CompeteAmerica, after spending 10 times more than IV could not even get the smallest version of SKIL bill passed even though they tried and assured something will happen in lame duck session. Maybe they should be fired by their employers. Unitedfamiles could not get family based immigration reform. They should be fired too.




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  • santb1975
    04-26 01:04 AM
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  • lonedesi
    06-22 08:42 AM
    I was wondering if IV core had some time to analyze this bill and summarize it for their members like the previous version of this bill. Would appreciate a quick summary of this bill with Pros/Cons in this bill for our community.




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  • franklin
    12-10 11:47 AM
    If existing members don't show the commitment to the meetings or whatever we organize, then how can we expect new members to do anything?

    I feel weird even saying this, but guys don't you know that it is simple courtesy to let the host know in advance if you can't make it?

    And anything more than 15 minutes late is just plain RUDE! Do we have to teach this?

    I hear you, needhelp! I think every single chapter leader has felt this at some point.

    I would like to clarify - anything beyond 0 minutes late is rude. I have a management position in my job, and if that happens at a meeting i'd set up professionally, they get a verbal lashing from yours truly.

    It is highly disrespectful



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  • onemorecame
    07-27 03:49 PM
    Hi,
    I Filled 485+EAD+AP in July fiasco with old fee structure, In July 2008 filled AP+EAD with new fees.
    Planning to file AP alone for 2009, I read somewhere that if you paid new fee's for AP then you won't get charged next time.

    I am not sure whether I need to pay AP fess again this time or not?

    Please share your exp

    Thanks




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  • gondalguru
    07-16 04:15 PM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
    See under section E.

    E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    One interested thing I noticed from this post is that spill over might occur every calender quarter and not just at the end of the year... so EB2 I/C dates might keep moving forward every two to three months..



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  • amitps
    09-25 03:24 PM
    I have many positive experiences with Fragomen.

    My RIR case was first filed in 2001 by a different lawyer and he screwed it up. It got rejected by DOL and bumped back to non-RIR. When the BEC was about to take the case for processing, my company hired Fragomen for the processing. Fragomen reviewed my case, worked with me, prepared and filed a new Labor petition in 24 hours as I was reaching my 6th year limit.

    When PERM was introduced, they worked with me to convert my traditional labor filing to PERM.

    During the July VISA bulletin fiasco, they kept communicating well and worked overtime (I used to get emails around midnight sometimes) and filed my case. They even followed up and made sure that I was going to attend my finger printing appt when they got the courtesy copy.

    They do well with email replies. I have never called them and hence, not sure about responding to calls. But I never had a requirement to call them as they normally reply to emails within 1 working day.

    Since Fragomen is so big, they might have a small percentage of attorneys / para legals who are not customer focussed. I have dealt with 3 different attorneys / para legals withing Fragomen, and I have high regards for them.

    My emails just go to a black box who no one opens....




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  • cin45220
    03-28 03:00 PM
    @EBX -Man


    Your comments are insulting!

    Be EB2 or EB3, you should have guts to post what you think from your original ID. Creating a temp ID just to post crap shows that you are a good-for-nothing spineless bigot.

    -CinBoy



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  • akred
    06-09 05:44 PM
    That is right. But same country quota is there in EB system also. So in point system also 80% of people will get same quality of people as current system. But advantage is process delay will be eliminated.

    The points system will likely result in significant deterioration in the quality of EB immigrants.

    The biggest flaw of the point system as it is currently structured is that people may be able to get a green card even if they are unemployable in the US. No one knows what fraction of green cards granted under the points system would end up going to these types of cases.

    As it stands today, 100% of all people admitted under the EB categories are assured of decent employment when they are granted a green card. Why should we move to a system that permits people to come in based on paper qualifications, work for low wage jobs and then after 5 years claim welfare benefits?




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  • vdlrao
    07-15 04:51 PM
    I dont think it is 9,800 each. I think it is 9,800 combined - 7% of 140K. To that extent the 21500 number in my earlier post stands revised down to 17,700.

    It shouldnt cross 7% of 140k which is equal to 9,800 for each category. Not combined.



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  • snthampi
    06-11 05:59 PM
    EB 3 India has become joke when u look over all the previous patterns. :mad:

    Yes, it is. I think, we need to start a separate campaign for EB3. Most of the stuff IV has been doing is geared towards helping EB2. Look at all the analysis and predictions threads. It looks like EB3 doesn't exist.




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  • days_go_by
    07-17 10:10 PM
    It would soon be 9 years for me to be here in US, my 2001 app is in DBEC. I have been with the same company for almost 7 years, have survived through rounds of layoffs, and so many other personal issues, I can not even count.
    Despite this I am willing to stay here and give it some more time.
    For the first time in last many years, while my app was rotting at SWA, I have seen an concentrated effort by an organization to raise immigration issues.
    I am willing to see what IV does and how far reaches in it's goals, at least various lawmakers are aware of our problems now.
    Keep the faith, hang in there, this is a really long tunnel but after so many reversals, it about time we see something positive done for us.
    As for the those who say, "US doesn't care, i will go back, US will get hurt", I don't buy that argument, US will not get hurt, despite so many problems US still remains a magnet that attracts talent from all over the world.
    If you leave, or if I leave will have very little impact. And even if u go back and start working for TCS or Wipro, they will send you back to US on a project.
    Unless you want to start your own business, I don't see much benefit in going back and working for the big consulting companies. And if you want to start business, why not start here, who is stopping you? ok, i know there are limitations on H1 etc, but there are many loophopes work around those.

    And what if things change in India? if things are not in your favor there, where will run from there? where will you go?

    My point being that we have a pretty decent chance to getting some immigration relief here, IV is working towards it, instead of saying "forget it" I am leaving, let's all learn to fight.
    Let's all learn to work to solve this problem. Work with IV, work yourself to get one of these bills passed.
    If nothing else, lets's all make it a point that every 2 weeks, we will write a letter to our lawmakers explaining the problem and asking for relif. every other week write to a media channel.
    Even if you are not great at writing letters, just write what you can and send, it doesn't need to be perfect.
    Eventually, someone will notice, eventually someone will do something about it.
    So, for all those who are thinking of running away, I am saying, how about stay here and fight here. Let's stop taking the easy path out everytime, if you want your benfit, stay and do something positive.

    your's truly,
    Sangam.



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  • jkays94
    07-21 08:43 PM
    I think it is very important that all those seeking to file a case against the DOL review the Liberty v Chao ruling (https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2004cv0915-41). It will be very difficult to file and win a case prior to September 2007 unless one files a case in a different federal circuit. Note that the 485 and DOL cases were in the DC circuit which lawyer Rajiv has been cited as noting are averse to decisions against the executive branch of government.

    I quote from an ILW analysis (http://www.ilw.com/immigdaily/digest/2005,1011.shtm) (I believe I had posted this elsewhere):

    However, the plaintiffs in this case have made it somewhat easier for future litigants similarly situated in that DOL has provided the District Court with a projected timeline for adjudicating the massive DOL backlog, the failure to do which may make future courts more sympathetic (see p. 16). This case also provides a helpful list of cases arguably on point which other district courts in other circuits may find more persuasive than those cited by the District Court in justifying its decision (see p. 15).




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  • kumhyd2
    07-21 11:00 AM
    This may be useful to understand a little more about e-filing of I-140 for those of who doesn't know much because the employer/lawyer doesn't give u full information. There appears to be no e-filing for I-485. Anyway navigate thru the USCIS pages for more info.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=47f2065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD


    Instructions for Electronically Filing Form I-140

    Please note that the Premium Processing Service has been disabled within the e-Filing System for Form I-140. Please refer to the instructions for paper filing if you would like to request Premium Processing Service for Form I-140.

    Form
    I-140, E-File Immigrant Petition for Alien Worker

    If E-Filing is not the best option for you, please see the paper-based Form I-140.

    Purpose of Form
    To petition for an alien worker to become a permanent resident in the United States. This form is filed on behalf of an alien, and not by the alien.

    Who is Not Eligible to E-File This Form
    You are NOT eligible to E-File this form if:

    You are applying for a waiver of the filing fee.
    You are requesting that your case be expedited (does not include filing for Premium Processing)
    You are a Soviet scientist
    Who Is Eligible to E-File This Form
    Any other alien, except those listed above, may be the beneficiary of an E-Filed I-140 petition.

    Filing Fee
    $195

    Initial Evidence and Supporting Documentation Required
    See Instructions to the Paper-based Form I-140.

    If you are required to obtain a labor certification from the Department of Labor, do so prior to E-Filing Form I-140. The original Labor Certification signed by the filer and certified by the Department of Labor must be submitted with supporting documentation to the Service Center that has jurisdiction over your case. See your Confirmation Receipt Notice for the Service Center's mailing address. The required initial evidence must be received by the Service Center within seven business days of E-Filing the Form. If you do not submit the required initial evidence in the requisite time period, you will not establish a basis for eligibility, and we may deny your petition or application.

    Also see the general instructions for Submitting Supporting Documentation for an E-Filed application and/or petition. You may access those instructions from the Related Link on the right.

    Concurrent E-Filing
    E-Filed I-140 petitions can only be Concurrently E-Filed with the following applications under the following conditions:

    I-907 application: Only if the I-140 beneficiary selects Petition Type "e" - A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor degree) or a skilled worker (requiring at least two years of specialized training or experience) in Part 2. For all other petition types, the e-Filed Form I-140 is not available for premium processing.
    When E-Filing an I-907 concurrently with an I-140, the 15-day Premium Processing guarantee will not begin until the supporting documentation for the I-140 is received at the Service Center that has jurisdiction over the I-140.
    If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.


    Supporting documentation

    Submitting Supporting Documentation

    Supporting documentation is the initial evidence that is required as proof of identification and as justification of eligibility for a benefit. These documents are required for USCIS to make a decision on your application. Examples of supporting documentation include copies of birth certificates, marriage licenses, Permanent Resident Cards, etc.

    Check the instructions for the form you are E-Filing to determine what supporting documentation, if any, is required.



    Instructions for Submitting Supporting Documentation for E-Filed Applications Only

    Review the instructions for your E-Filed form to determine what supporting documentation is required.


    Please Note: If you E-File Form I-90, you must submit all required initial evidence and supporting documentation at the time of your in-person appearance at your local ASC. Please see the Form-Specific Instructions for E-Filing I-90.

    Gather your supporting documentation for your E-Filed application.
    Originals and Copies. In almost all cases, submit a photocopy of your supporting document to the USCIS. For more information, see How Do I Know If I Need Original Documents? If form instructions state that a copy of a document may be filed with an application, and you choose to send USCIS the original, USCIS may keep that original for our records.
    Translations. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English.

    Print a copy of your Confirmation Receipt notice and attach it as a cover page (or first page) to your supporting documentation package.
    DO NOT include a copy of your E-Filed application with your supporting documentation.
    If you E-Filed several applications concurrently (see E-Filing Forms Concurrently), you will have a Confirmation Receipt notice for each application submitted.
    Include the Confirmation Receipt notice(s) as the first page of the supporting documentation for each application.
    DO NOT include any paper-based applications or fees with your supporting documentation for the E-Filed application.
    NOTE: All Attorneys and Organizational Representatives E-Filing an application or petition on behalf of a client, MUST perform the following steps:

    Generate a copy of the G-28 (it will be generated as part of the PDF file application after you click the �Finish� button).
    Confirm that the Applicant/Beneficiary/Petitioner name and address information does appear on the G-28.
    If the Applicant/Beneficiary/Petitioner name and address information does NOT appear on the G-28, print out the G-28 (it will printout with the PDF file application).
    Make a copy of the G-28 for each application electronically submitted.
    Fill in the Applicant/Beneficiary/Petitioner name and address information by hand.
    Sign each G-28.
    Submit the completed and signed G-28s to the address on the Confirmation Receipt notice with the required supporting documentation.
    If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.

    Keep a copy of your Confirmation Receipt notice(s) and application(s) for your records, noting what supporting documentation you mailed and the date you mailed it. You may wish to make a copy of the entire package before mailing it.


    Place all supporting documentation into one package and mail it to the address provided on the Confirmation Receipt notice. If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.

    Failure to follow these guidelines may result in processing delays or even denial of your application.



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    06-13 08:13 PM
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  • TheOmbudsman
    11-08 12:54 PM
    Hi Pappu,

    It is definitely a change. Americans are looking for a change. I am talking to friends to reconsider support for IV.

    Here is a positive outcome, in my opinion:
    http://news.yahoo.com/s/ap/20061108/ap_on_go_ca_st_pe/rumsfeld_resigns

    Rumsfeld just resigned.

    Regards,

    Ombudsman


    Its good that we have a democratic majority in congress. we also now have work cutout for us to contact new lawmakers. getting more members and members willing to work for local chapters is important at this time. we need to work with renewed vigour now and finish our task. pls help with increasing membership and join your state level chapter threads. I see only very few members have posted their interest. we need interest from each member in order to succeed. I am sure we will succeed. The good times are ahead of us but we need to take advantage of it.




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  • green_card_06
    09-28 12:58 AM
    My company went through a 10% workforce reduction company-wide just when my PERM application was ready to be filed. Although nobody from my group has been affected, 2 people with the same job title from a different group in the same office were affected. Their job descriptions are entirely different. I have about a year and a half before my H1B expires. I would appreciate anybody answering the following questions I have:

    1. In Form 9089, should the answer to Item 26 be 'No' since nobody in my group or area of expertise was affected?

    2. If the answer to Item 26 should be 'Yes', is it sufficient to notify and consider the people laid off? I am confident that they will not qualify for the position. How long should this 'notification and interview' period typically be?

    3. I have heard that my company can be sent an audit notice. In such a case, is it sufficent to justify that the area of expertise is different. What is the success rate for this?

    4. If the audit response is rejected, what happens then? I have been told that the employee will have to return to his home country immediately and cannot refile his PERM application.




    dannyypk
    07-17 07:56 PM
    I am EB-3 ROW PD 2007 Aug. Reading all the Eb-3 I people's angry, I started to wonder what's gonna happen to the EB-3 ROW. Seems like if lots of Eb3-I change to EB2-I , They will probably eat up all the Spillover from Eb1, EB2 ROW from now on. That makes EB-3 ROW and EB-3 I become the same boat.
    Is it what gonna happened? and think about how many people can afford to spend an extra 10k to change the status from EB-3 to EB-2? That's totally not fair. We need to take action all EB-3 ers!!!!!!




    Winner
    05-19 02:59 PM
    Sent $50 my banks bill pay.

    Thank you very much for your efforts.



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