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  • bank_king2003
    04-09 05:08 PM
    there we go again..... becoz visa bulletin dates did no move.... all of a sudden it means uscis/dos is not doing their job?..... get a grip of u'r self.....

    my date if 7th feb-05 & its just days away for over an year.... but i know that blaming uscis/dos won't do a shit for anyone..... becoz that's not where the problem is..... now don't throw bullshit at me.... saying uscis is not efficient blah blah blah..... if uscis is allocating 140K gc per year, that's good enough...... becoz its a wrong goal to setup 100% efficiency with uscis..... we all don't work with our employer 100% becoz we spend time scanning the web..... y do we expect uscis to work 100%....... for me uscis is doing their job if they allocate 140k gc per year...... period..... now stop this non-sense of blaming uscis/dos becoz that sets a wrong target..... the blame/fault for vb and backlog lies with the congress..... the least we can do is identify the source of the problem...... we do people here keep beating down on uscis & dos...... y r we do dumb.....

    and all these questions is totally a waste of time...... in the end lets say u get 100% efficiency, what will it get u..... 7 more green cards for a backlog of 1 million..... how stupid is it to get totally blinded by this misguided meaningless talk for 7 visas for a million headless chickens.....

    lets continue talking about uscis/dos..... who is next...:mad:

    Gud u let out ur frustration. U r gud for that only as i see u comparing our effeciency with USCIS. i know ur gray matter now !!!





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  • StarSun
    03-15 10:11 AM
    Volunteers, please contact Vin13, if you know of any member willing to make the trip to DC for all 3 or 4 days from the west and mid west regions. He has enough air miles for a couple of tickets.





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  • Eternal_Hope
    03-09 10:55 PM
    Sri, I appreciate your enthusiasm and spirits. in my view, unless something comes from the IV core ..nothing will happen. people in this forum are too diverse and independent and hence they need strong leadership. and for some reason (we can only speculate),, all that we have from the core is silence

    I partially agree with both you and Sri - while it is true that I have not (recently) written to the lawmakers, and more often than not I vent my frustration here - especially each time the visa bulletin appears and then tend to go on with my life, I have in the past written, telephoned, faxed to lawmakers. Over the past 2 years I have seen bills come and go. I am at a stage now where I have almost resigned to the fact that maybe there is not much that we can do - especially given the low level of participation from members here at IV.

    I also feel that it is time younger members (freshers blood) takes on leadership roles here. IV is a forum which provides the opportunity for enthusiastic people to just go ahead and organize any drive they feel will work. IV leadership will not object, as long as the drive is tasteful and is within all parameters of decency.

    As for older and tired people like us.... we will gladly follow the leaders and assist in any way possible.





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  • jsb
    01-22 10:10 AM
    I felt sympathy for the OP. That was well written. I agree that xyzgc missed the point on what the OP was trying to say.
    You on the other hand are arrogant. Are you saying that it is your right to buy a house? And we all should sympathize with you when you lose your house? And we need to fund your extravagant spending with our tax dollars, while some of us weigh in the risks and decide to live in rented house.
    I wish I get my share of the bail out money. I wanted that Ferrari. Damn, I need to 'enjoy my life and my desire to lead quality of life'.

    Nothing is right or wrong, as meaning of quality of life is a very subjective thing.

    In Japan, people work hard, send money/products to the US, and be happy for better quality of life by looking at increasing balances in their bank books each morning, and don't care what homes/cars they have.

    In the US, people get happy for better quality of life by looking at their new BMW's, and nicely furnished homes (bought by money borrowed from Japanese investors), and don't care what they owe.

    Both are unhappy too, for not having enough what they want more, Japanese want to have bigger balances in their bank books, and American want bigger BMW's and homes.

    "Peace of Mind - Do you have" referenced in posts above is just a price for the quaility of life they "enjoy". No enjoyment comes without a price.



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  • nixstor
    07-02 10:46 PM
    Guys,

    Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched

    Q. Can we file a lawsuit?
    A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.

    Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.

    I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.





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  • angelfire76
    09-28 05:57 PM
    I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.

    Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.

    Besides, having finished a graduate degree program in the US is a big contribution to the US either financially and/or academically.

    The most serious issue with the US educated is that when it comes to work that requires a lot of work experience, they are not as competitive as those who went straight to work and has got a lot more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated ones are in a disadvantaged position.

    Considering the fact that the US educated have contributed a lot (some up to 6 years or more of their time) to the US financially and/or academically and still in a disadvantaged position, we do need some special treatments.

    Have I made it clear?


    I got a free ride through graduate school, so I should be ashamed that I didn't contribute financially and used tax payer money to convince my advisor to work on pet projects.Academically too they were more proof-of-concept type projects. :D That was a joke. Point taken. :)

    Hmmm..no I would think that you still need BS+5 to qualify for EB2 while you only need BS+1.5 yrs to qualify for EB2. Where do you think the scale is tipped?
    Also how fair is it that a new grad from college joins Microsoft, Intel (no majority of people who work there are not tech studs)etc. where GC sponsorship is a process versus somebody who doesn't have a Master's degree but great engineering skills honed by experience and works for a start-up. The immigration process is loaded against the startups in case you didn't know. I've seen too many real life scenarios of the above to be convinced otherwise.

    But let's not beat a dead horse and invite the wrath of admins or senior members.



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  • empee99
    09-27 12:51 PM
    you dont have to do anything. Based on your L2 petition you will get an I-94
    valid till 2009. Since your EAD is unexpired, you can continue working once you come back. EAD is authorization to work, completely unrelated to your travel to India and back. What exactly are you worried about?



    I am worried bcoz, on my EAD card its written "NOT VALID FOR REENTRY TO U.S."

    what does this mean?

    Please advise.
    Thanks
    Mahesh





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  • jkays94
    07-10 02:39 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.



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  • bfadlia
    05-27 03:59 PM
    I have made copies of my passport several times at kinkos. I have also send those to immigration lawyer etc..

    I asked a guy in kinkos to photocopy for me, told me he can't, it's illeagel, then lowering his voice as if we're drug dealers said go to that self serve copier and do it yourself and I'll pretend I didn't see.





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  • BlueSunD
    03-11 12:01 AM
    Really sorry everybody, guess I�m the last one to post, I don�t know if I made it on time, but if not tell me and I�ll put the image down. Really sorry everybody... yes again.

    Any way my entry :

    (http://img.photobucket.com/albums/v55/BlueSunD/Maya/BSDFinalSubway.jpg) http://img.photobucket.com/albums/v55/BlueSunD/Maya/BSDFinalSubway.jpg

    and the wires:

    http://img.photobucket.com/albums/v55/BlueSunD/Maya/FinalPersp.jpg

    http://img.photobucket.com/albums/v55/BlueSunD/Maya/Final4Views.jpg



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  • chanduv23
    07-29 01:48 PM
    In that case, employers should mention the following in the offer letter

    " In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

    This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
    Can these companies do this????

    Though it is unfortunate, I don't think you are understanding stuff right. If you think you have a case to fight, go ahead and do it. Consult an employment lawyer and see what can be done.

    Anywhere in the world, it is always the employer who has the upper hand and you fight only if you are capable of.

    It looks to me that you are venting out on the employer on this forum because you feel decieved or cheated, but the reality is that, it is just an unfortunate situation for you and all of us go through bad and frustrating times.

    There are some companies who have filed EB1C left and right and employees got GCs in few months, there are companies who file EB3 for most qualified and that too when in 5th year.

    A lot of physicians get future offers while they do fellowships etc... and the employer actualy files directly for GC and these folks get GC by the time their fellowships are over and they start work immediately.

    Work with the situation, work with your employer, look for options, try to infleunce the system to make process better .... along the way you will see that you can achieve a lot by being positive about things.

    Try to "Make things happen" rather than expecting things to happen, because things change and we all know "change is constant"





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  • dhesha
    07-12 07:20 PM
    Are you sure about this? That means USCIS has been doing the pre-adjudication for applications whose PD was not current?

    How one can find any VISA number is assigned to him? Also does this VISA number mean the GC number or just an A number?



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  • gauravster
    11-12 04:58 PM
    WRONG.
    YOU are an EB2 India guy for sure and your PD is close.

    If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.

    EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.

    If spillover happens, it will go to EB2 India sure. But getting the visas used is better than having them wasted. Also, though remote, everyone in EB3 does have a remote chance that at sometime, they might be ported to EB2. For example, those who have EAD, but working with a different employer now (after getting EAD) can ask for the employer to file a new application and be eligible for EB2. Some in same company may also be able to apply for porting.

    There is no problem in having multiple fronts of attack to the problem.





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  • Libra
    09-10 12:23 PM
    Andy_garcia, its good for you that your wife and kid are working. We people dont use consulting firm to get our GC, but got stuck with those companies because if we leave them we have to start whole GC process. So we dont want that to happen and wait for 10 more yrs to get our GC.

    I have been here for 8 years and I do not have the option of going back to my country like you guys from India. I applied for my 485 2 years ago and my son and wife are working already.

    When I was on H1, I was happy with the company. It seems that people who are using the sponsor company as a tool to get the GC are the ones complaininf the most about.



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  • thomachan72
    07-05 02:45 PM
    Why would this website suddently decide to convert to a paid website? There is a link right on the top requesting funds / contributions, right? People who have resources / are willing to contribute will do it. Look at the postings of the core members who actually started this website. Did they ever make a harsh statement regarding the site visitors who have not contributed? Personally I havn't seen one yet, have you? They are very diplomatic in their efforts and thats what makes them leaders. We dont want juveniles to start dictating regulations in this forum. Lets leave these decisions to mature people who have insight in their decisions, OK. Actions taken when you are emotionally disturbed will do nothing but harm you and the rest of us. This site is and should remain a non paid. I have contributed a small amount sofar, however have found a very pleasant and enjoyable community here at the IV. I know many have contributed much more than me. Please remember that this website / core group efforts all began probably as a selfless act by a group of youngsters to benefit our legal immigrant community. Let not our emotions guide us but let reason guide us in our decisions and the best approach would be to let the core group decide. Now if they decide sternly that this can be run only as long as all the visitors/beneficieries contribute then I dont know what to say. Contributions were all voluntary and should remain voluntary. Some of those who support a paid website seem to be VERY AGITATED. If you are agitated while spending money then think twice before contributing. Dont expect everybody to do do exactly what you do.





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  • seahawks
    07-26 08:49 AM
    are they encouraging prinicipal aliens to "batter" spouses, so that they will be given permission to work:) Isn't spouses not able to work a pain by itself? Geez



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  • danu2007
    11-20 10:54 PM
    Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.

    Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"

    Jusy wondering any one got this reply..





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  • vagish
    04-04 11:21 AM
    I don't think this bill would be of any consequence to the goal of IV unless they can maybe attach some GC-relief provisions to it.

    In reality this bill will never ever make it to the full Senate floor. Corporate America will ensure that it dies the same kind of death as all the immigration related bills from last year.

    I think it is true coporate america will not allow it to go through, but it is also true that any bill faverable to the H1B and or GC will also have the same death
    as this one , do not underestimate the anti - immigration and unions clout
    on democrats, if corporate america wants H1B increase it will come at a price,
    more no free rides for corporate america as well.

    that is the reason why we see stalemate for any kind of immigration bill, neither side is able to push anything.

    thanks





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  • feedfront
    09-21 05:10 PM
    Well, I talked to my civil surgeon who did medical exam report. He said he no longer does this anymore. So I will have to redo exam.

    My attorney will be just sending new medical report and not AC-21.





    amrutasanjiv8
    12-21 10:30 PM
    Hi ,

    I have H1B from my current company A. My fiance is having no visa so he is in India. He is in IT hardware field.....

    Also I am currently searching for jobs in IT hardware field in USA but as he is not in USA so no luck till now.....
    1) I am thinking of bringing him in USA after marriage on H4...the reason is it seems to be very difficult to find job in USA from India with H1 sponsorship ...As I have H1 , my fiance can have H4....On H4 he can not work in USA or apply for jobs in USA....plz confirm...

    2) So I am thinking of changing H1 to L1 by changing my current job .....Can I ask my new employer to sponsor L1.....or shud I ask my present employer to sponsor L1....what will be good for us?

    3) how much time H4 processing takes?

    3) If I get L1 from new/existing employer then will H4 of my dependent will get changed to L2?


    4) How much time does it take to process L1 and L2...

    5) Can a person on L1 change job in USA?

    kindly let me know your views as it is very much urgent .......


    Thanks,
    Amruta





    alanoconnor
    08-15 03:57 PM
    All
    Charge-ability
    Areas
    Except
    Those
    Listed
    CHINA-
    mainland born INDIA MEXICO PHILIP-PINES
    Employ-ment
    -Based

    1st 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    2nd 01JAN07 01JAN06 01APR04 01JAN07 01JAN07
    3rd 01AUG02 U U U 01AUG02
    Other
    Workers U U U U U
    4th 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    Certain Religious Workers 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    5th 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    Targeted Employ-ment Areas/
    Regional Centers 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07