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  • zuhail
    03-10 01:09 PM
    Hello,
    I strongly suggest that we focus our time and efforts on a single and achievable target in this calendar year 2009.
    Recapturing unused visa numbers from the last two decades would help us eliminate the retrogression issue. Other changes like Comprehensive Immigration Reform, Eliminating per country limits etc would require a leap of faith in the political process and it is unlikely to be achieved in this calendar year. The economy, unemployment rates, health care etc are bound to dominate the legislative agenda this year.

    I suggest writing a petition or letter to the White House and the administrative offices strongly urging them to recapture the unused visa numbers.
    I think we should follow the KISS ("Keep it Simple, Stupid") Principle to achieve this target.
    If we add any other immigration provisions, it would increase the complexity of the legislation and it is bound to fail.
    Could the administrators of this forum please consider my suggestion of focusing on recapturing the visa numbers and assign this task the highest priority.

    By re-capturing the visa numbers, we are not asking for any change in the immigration laws. We are simply asking to use the visa numbers that had been lost due to inefficient processing by the USCIS.

    Let us start preparing a petition and create a dedicated fund to achieve this goal of visa number recapturing.

    Thank you.





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  • crazyghoda
    01-30 11:31 AM
    Hello all,

    A few days ago I started a thread where laid off folks can post their qualifications and people who know of job openings can let them know.

    Unfortunately, yesterday I received an email saying that an RFE was raised about my 485. My PD is Sept 2005 in EB3. WTH is my case being processed now? I saw in some other threads also that people with further off PDs are getting RFEs. Can someone shed some light on what the RFE may be about?

    I used AC21 earlier last year after completing 180 days of filing 485 and got a new H1 approved. My 140 is approved and my previous employer has not revoked it. They only revoked the H1 and that too about 7 months ago. My new (now ex) employer hasnt revoked my H1 yet.

    How long does it take for the RFE to come? I suppose it will goto my old company's lawyer though they are nice folks and will let me know.





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  • alterego
    03-16 12:44 AM
    A few things.

    Ignoring folks who are full of themselves is the best way to make them go away.

    There are many reasons why people with priority dates before 2004 are stuck in queue. Some I can think of are:

    1) Backlog labors that were completed as recently as late last year.
    2) Background check stuck applications.
    3) Labor Subs which were allowed as recently as last summer.
    4) EB3-EB2 cases, where PDs are transferred.
    5) Other applications that cannot be approved due to time specific requirements such as physician NIW cases.
    6) Some cases that just slipped through the cracks of USCIS inefficiency.

    Many of the above causes are being/have been addressed, however their impact will be with us for some time yet, unless there is a visa recapture legislation to make up for the unused visas.





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  • lost_in_migration
    08-15 04:24 PM
    That was my day-dream while sitting @ office ;)

    They should have continued down to EB3 w/ those dates..!



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  • William Shakespeare#39;s play



  • vandanaverdia
    09-11 01:51 PM
    GC is not too close....
    September 18 is not far away...

    Come to DC and bridge the gap!!!!

    GO IV!!!!!!





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  • sanjaymk
    07-17 12:58 PM
    Hello All-

    Looks like they are monitoring this website and they have removed it now. There is no misunderstanding here, I copied and pasted it from their website so the question of mis-understanding doesn't arise.

    It doesn't matter because they would have sent that fax to the Senators before and the senators would have a copy of that fax.

    I am trying to write a strong letter to dis-credit that organization and their smear tactics and false propoganda. If nothing, then I would like to use the lettter posted by one of the posters here as a webfax and send the fax to the senators.

    Kindly, don't assume that they removed point #2 so they could be let off, what happens if they add something like this in the future and nobody notices it.

    Ideally, we should ask them to expose their membership accounts so that their lie of having 455000 volunteers is proved a blatant lie.

    Thanks,
    Sanjay.



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  • ash123
    02-12 03:41 PM
    FYI .. This post is what I received in e-mail few days back.

    I would like to bring to the notice of your readers, editorial committee and leaders of
    the Indian community of a systematic way that (legally) the US Government is practicing
    legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.

    While it is agreeable that the current economic downturn is the worst one has seen.
    It is time to band together with what resources we have and make it thru this perfect
    storm. However, the machinations of a few politicians and the further connivance of the
    USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
    foreign professionals'.

    Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
    such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
    Yogi Chugh etc should do something about this with their contacts at the highest levels.

    How is this happening and why is it ethnic cleansing?

    Since 1990's every year several thousands of Indian professionals come to the US. Because of
    delay in processing of their Green Cards a vast majority of them are on H-1B.

    With the current downturn, Sen. Grassley et all have raised such a stink that companies are
    forced to lay off H-1b holders first before they lay off any other US employees. While the US
    employers may not always do this. They are being shamed into revealing how they laid off
    US Citizens before laying off others. Net Net....Indian professionals are being laid off from
    large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).

    Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
    do not find another job. Now, many are forced to leave the US as they cannot sustain living
    in the US. However, some enterprising few are finding lower paying jobs or are finding so called
    'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
    economy improves and they can find suitable jobs. Here is when the systematic targetting and
    ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
    question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.

    These RFEs are raised in such a way that it is impossible to answer them. They are thus
    not only targetting the H-1b candidates, they are systematically undermining the people
    (companies) who want to help out H-1b candidates out of their predicament of being stranded.

    Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
    Green Card. You are close to getting the green card but because of backlog you only get
    what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
    Then your employer fires you....

    There are two paths here.....Technically, with a EAD card you can get employment anywhere
    with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
    that a person with EAD should have another job with the exact same profile and same salary.
    In this market who is going to give you a job with this exact profile as your old job. The only
    way for a person to stay on 'legally' is to file a backup H-1b.

    Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
    software professional.

    Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
    provided by the 'body shopping company' and issue a denial of H-1b extension.

    The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
    person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
    ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
    US. The same professionals who came to US to contribute to its success will now be kicked
    out of US against their wish. The companies who are willing to help them will also be harassed
    in the bargain, some of those companies will be investigated for non-payment of wages, some
    of them will be subjected to USCIS audits for trying to help these helpless people whose lives
    are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
    These are very tough times and there is no reason to pick on the helpless, unrepresented people.

    This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
    in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
    This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
    of making it the American dream and participating/contributing to its success.

    What should the USCIS do?

    Given the tough times...They should allow people to stay on in the US as long as another
    employer is willing to keep them in status. They should not question the H-1b applications as
    everyone knows that USCIS can find issues with every single H-1b extension filed right now
    with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
    tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
    H-1b applications rejected by the USCIS with the silliest of excuse.

    What is in it for the USCIS not to do this ethnic cleansing?

    Long term vision for America not just right now. This year the US Embassies in India issued over
    98,000 visas to students from India. These are students who are paying their way thru education
    in the US (a country with the most expensive but best education). If it turns out that US specifically
    targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
    to the US within the next 2 or 3 years.

    Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
    this downturn. The economy will surely improve in the next few quarters. There will then be new
    sectors of the economy that will boom that will need professionals. There will be enough work by then
    for these H-1b professionals as well as US residents.

    Confident and free people contribute positively:
    If the word spreads that even in bad times this society did not turn on them then the US people
    will be appreciated. But, if the message is, when you are down they will kick you where it
    hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
    and Asian origin who would end up buying a house if they knew for sure that they could continue
    to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
    not splurge. Just this measure of confidence will ensure that they will spend money in the US
    economy. Just their contributions will ensure that there is a bump in the housing sector.

    Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
    is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
    getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
    driven out of the country which they have loyally served for varying periods of time.....

    God Bless America....God Save America from 'some' of its own people.

    Thanks.





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  • buehler
    06-13 11:13 AM
    I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.

    I thought that the video was quite funny. Now for some one to think that it is true is even more funny. :D



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  • hmehta
    07-16 05:20 PM
    Oh, what a lie!!!!!.....As a matter of fact, H1-B's pay the highest amount of Tax. H1-B's are the ones who may potentially NOT benefit from the Social Security Taxes they are paying right now but are still paying it - so in that reference they are actually feeding the so called baby boomers right now.

    Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.

    One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.

    ================================

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.


    Sincerely, [Your Name Will Appear Here]

    ==============================================

    Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.

    Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.

    Thanks,
    Sanjay.





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  • prem_goel
    07-12 08:15 PM
    Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!

    So looking at the demand data used for determining Aug bulletin,

    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

    how far do you think it'll progress next month?



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  • dontcareanymore
    07-29 01:35 PM
    please let me know how to close the thread. I do not want divide IV.

    Don't worry.You have no chance ...........(..........of dividing IV)
    IV is ROCK SOLID :):)
    .
    .
    .
    .
    .
    .........

    No...... Just joking.
    It is already divided and you have no chance of dividing it any further. Look at EB2 Vs. EB3 posts with I am better than you attitude and EBX-I vs ROW posts.

    Your thread is just a punching bag :) All had fun giving their 2 cents and this is my 2 cents.





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  • gemini23
    09-26 09:57 AM
    sent a email to the cnn editor.



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  • desixp
    06-11 02:26 PM
    Done!





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  • needhelp!
    10-22 11:05 AM
    I sent mine yesterday. Do we get an acknowledgement and a number after this?.

    Yes, you should get a receipt number in 2-3 weeks. Please post it here for IV to make a list.



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  • tikka
    07-03 09:37 PM
    In all 400$ to date.


    so much for your contribution...





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  • gc_aspirant_prasad
    06-22 04:46 PM
    My attorney didnt ask for DL copies, but did require color copies of passport.
    Guess, its different with each lawyer based on their experience.



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  • WillIWin?
    07-23 02:24 PM
    My lawyer is going to submit the 485 WITHOUT a letter from my current employer. This is going to be a concurrent I-140 and I-485 application (140 and 485 applied together).

    I looked at the 485 application form and see that it clearly mentions - page 5, that a letter from the employer is required (mentioning job title, job description and salary). My lawyer still says it is NOT required.

    - Are there people who have submitted 485 applications OR who are going to submit the 485 WITHOUT an Employment letter ? Replies/advice greatly appreciated.
    Thanks in Advance!





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  • Jaime
    09-12 11:39 PM
    Tri-State and neighboring states, you can definitely make it to DC easily! What's stopping you? Let's go! Let's make the rally a historic event!!!! TOGETHER WE CAN!!!!





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  • rockstart
    03-10 11:07 AM
    Guru's

    I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.

    The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code

    15-1051 Computer Systems Analysts
    Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.

    But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?





    vin13
    11-12 05:35 PM
    VIN13

    Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.

    What else you want us to do?

    Thanks.

    Best would be to meet your lawmakers. It is not too hard to get an appointment. You may be able to meet the lawmaker's aide. Just explain the situation and ask for their help to resolve.

    A big help would be for someone to post contact details for some of the officials (USCIS, DOS, Ombudsman). We would be able to pass this information to the senator's aides or fax/mail the letter directly.

    Thanks





    amitjoey
    03-23 10:27 AM
    There are people from northern california going to DC. Please join IV's NOR CAL group and you will get in touch with all of them