Monday, July 4, 2011

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  • manderson
    10-05 01:38 PM
    nk2006,

    please post contents of that yale article (your link is not working).

    On the topic of “getting some of our measures during lame-duck session”, I am seeing some speculation (on other sites) that there is a chance these measures getting discussed during that session. I know these are just educated guesses, but it’s encouraging. see following:
    ================
    From another thread on this site got this link, about Yale/Ivy League grads not getting H1B’s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
    http://www.yaledailynews.com/Article...rticleID=33577
    The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.

    =======================
    This is from a leading corporate immigration law firm’s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:

    The Road From Here:
    On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
    ====================

    your comments / speculation / educated guess.......??...




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  • desi3933
    08-03 06:34 PM
    Did you send out the latest letters...I am getting a positive feed back ..that approximately at least 500 letters have gone out..we started to make noise.. and we will see the results eventually...More action items will follow in comming weeks..Dont forget the high five though campaign though ;)

    http://immigrationvoice.org/forum/showthread.php?t=20452

    How do you know that 500 letters have gone out?

    Thanks and Good Luck!




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  • alex99
    07-02 09:51 AM
    Sent on Jun 30 to reach on 2'nd July.




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  • sachinsc
    07-20 11:58 AM
    I pledge $200.



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  • sertasheep
    05-05 06:35 AM
    Most of us can relate to the discomfiture and concerns that our members have. Hang in there, I often listen to either Natasha Bedingfield's "Unwritten" to find inspiration (or Shahrukh's Kal Ho Na Ho title song). Find inspiration in something, direct your energies towards something positive, and your quality of life will get enhanced even amidst duress. Write about your experiences, share your grief, and make your voice heard via the various media efforts at IV.




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  • vnsriv
    11-21 09:44 AM
    I am sitting here in front of my laptop for 10 minutes, still I don't know what to say.
    I am really sorry to hear your condition. I am not sure of any clause for a situation like this or may be there is.
    I am neither a God to show you a way nor your friend to be next to you and help you hold your spirit high. All I got is a heart to show and give you an unconditional love and support.

    I still cannot breathe after reading this. I juste prayed to God for you. Don't loose your hope. I am sure you are trying or tried all types of cures. I have deep faith in Pranayam/Yoga. I am not sure if you have heard about SWAMI RAMDEV JI. He teaches pranayam and here's link to his forum http://forums.curesearch.org/ShowPost.aspx?PostID=631 . Try to meet him if possible. Our best wishes are always with you. May God bless the family.



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  • newu77
    08-17 04:52 PM
    Has anyone, who filed on July 2nd at NSC, I-140 approved from TSC and have an updated LUD on I-140, got their receipts yet?

    I am still waiting...NO checks cashed yet...




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  • desi3933
    06-28 11:37 AM
    However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?

    on what basis?

    You need to show legal ground to file the case. First, read I-9 form.

    From legal point of view, Employer has no legal obligation to file H-1B for any job applicant. Infact, employer can chose not to file H-1B extension for current employee.

    Why don't put your question in attorney forum?



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  • gcformeornot
    12-31 12:47 PM
    http://immigrationvoice.org/forum/showthread.php?t=16384




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  • tonyHK12
    11-17 03:11 PM
    Done for NYC

    Are we just supposed to enter our infomation on the form? or name, email etc? how does it go to our local congress men?
    The page will choose senators and house reps based on your ZIP code and email it to them

    Great job admins this was needed



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  • GC08
    05-06 06:24 PM
    I think we should be careful about what we (Employment based immigrats, esp. those who are stuck in backlogs) support. I definitely do not support any reform that does not give us priority or does not eliminate employment based immigration backlogs.

    I also think green card lottery, chain immigration, and refugee green cards should be eliminated and those visa numbers should be used for employment based immigrants because all these people can immigrate just like us through employment. We contribute more to the American society and should be given priority. I guess when we become American someday, we would like immigrants who contribute to our community too. Isn't that right? :)




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  • GC08
    07-08 12:38 PM
    Previous years Oct Visa Bulletins doesn't look encouraging at all, EB-3 India moved by a week and other categories move by a month or 2. With USCIS taking huge no. of applications in june'07 the future of oct'07 seems to be pretty bleak, It is quiet depressing. We surely need this legislation of ability to file 485 even if visa dates not current.

    And also recapture lost visa #s in previous several years automatically and increase efficiency in adjudicating cases (including name check, etc.). :D



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  • paskal
    07-09 11:11 AM
    it says nothing about who can file an application.
    it only says the "status may be adjusted" IF.....




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  • americandesi
    04-22 02:21 PM
    I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
    I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
    I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
    Plz give me ur valuable inputs

    Restrictive employment contracts are non-enforcable, atleast in California. Here's a classic case of a H1B employee who successfully sued his employer on a restrictive employment contract and the employer was ordered to pay $215,050.61 in damages.

    http://www.news.com/Body-shop-must-pay-fees-in-H-1B-lawsuit/2100-1017_3-256477.html

    Also note that all PERM related expenses should be borne only by the employer. Refer the following link and search for "Certain Payments are Employer's Expenses under PERM" and "Employer Must Pay even with Dual Representation "

    http://www.murthy.com/news/n_filrem.html



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  • ub27
    02-17 10:07 AM
    Donated $50.
    Paypal transaction ID: 4P412963A81144324




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  • AllVNeedGcPc
    08-06 11:08 PM
    - Received 2 Yr EAD expiring July 2010
    - Current EAD expires in Sept 2008
    - 140 Still Pending
    - EB3-I, July 03 PD



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  • humdesi
    03-11 11:22 PM
    Had it been 1:1.. I would be on the next flight back home .. enjoying family, friends, bhelpuri, cricket , 10000 festivals, neigbors trooping in .. etc etc .


    If money is the sole objective of staying in the US, you might want to take a serious look at returning back to India. These days there are lots of high paying jobs in India, esp in software sector. OK, so you wouldn't get the exact dollar amount, but you wouldn't have to pay $400K+ for a home either (except perhaps some parts of Bangalore and Bombay).

    And if you are in the software field in the US, you will have to live with a constant fear of your job getting outsourced to India. Infact I think when the next tech downturn comes (note when, not if), there'll be a job bloodbath in the US IT sector. That's because most companies already know about outsourcing and have offices in India and China. When the going gets tough they'll easily shift everything engineering related to India and China. During the last tech bubble bust, outsourcing wasn't very well known - and even then it was painful. This time round it'll be much worse. It's a ticking time bomb..




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  • lost_in_migration
    05-01 04:35 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4

    PART 1

    Sec. 203. [8 U.S.C. 1153]

    (a) Preference Allocation for Family-Sponsored Immigrants. - Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allotted visas as follows:

    (1) Unmarried sons and daughters of citizens. - Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).

    (2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens. - Qualified immigrants -

    (A) who are the spouses or children of an alien lawfully admitted for permanent residence, or

    (B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence, shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).

    (3) Married sons and married daughters of citizens. - Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).

    (4) Brothers and sisters of citizens. - Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).

    (b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):

    (A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -

    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

    (iii) the alien's entry into the United States will substantially benefit prospectively the United States.

    (B) Outstanding professors and researchers. -An alien is described in this subparagraph if -

    (i) the alien is recognized internationally as outstanding in a specific academic area,

    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and

    (iii) the alien seeks to enter the United States-

    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or

    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

    (C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.


    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    (B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.



    (ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--

    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and



    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.

    [TO BE CONTD.]




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  • chanduv23
    02-17 11:14 AM
    thanks ub27, gc_on_demand


    Agreed. $5000 is about the same amount a single student paid to TVU, the diploma mill. This used to be the price 1 employee paid a fraud DCC for processing a Green card.
    What more can I say....
    .

    Because people do not understand. Most people take it for granted - especially these kinds of efforts.

    The problem with immigrants is - majority immigrants stick to community and talk to people from their community and do not go beyond that. Most people go to work and come back, they open IV just like facebook etc. only for information or time pass.




    desi3933
    07-10 03:32 PM
    Agreed that H-1B has a fixed date. But from the employer standpoint, you're their "full-time, permanent" employee on H-1B, right?

    Now you have come down from legal standpoint to employer standpoint! :D

    The answer to your question is No.
    Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.

    Again, you are mixing H-1B job with GC job.

    Let me ask that question again (because you got confused last time)
    Look at the I-140 application for GC (Page 2, Part 6, Question 5)
    http://www.uscis.gov/files/form/i-140.pdf

    I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"

    Did your attorney put No for this question for your I-140 app?

    You still believe that no job is permanent. If so, all I can say, more power to you.

    Have a good day!


    _______________________
    US citizen of Indian origin




    paragpujara
    12-21 09:59 AM
    I had infopass appointment this morning at Fairfax, VA regarding FP. IO told me that generally they send out FP within 30 days of 485 receipt but if ASC is too busy then it gets delay. He asked me whether my EAD and AP are approved or not. And then he requested FP for me and mywife and said i should receive FP notice within 3 weeks. Hopefully i will get FP within next couple of weeks. Keep you guys posted about my FP notice. Happy Holidays to you all !!


    Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.



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