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  • GCScrewed
    08-22 11:36 AM
    Certainly Canada is much much better option. Wish people had talked about it 10 years ago. So for those who just came to America or those who are deciding where to go to work or to school, Canada should be the first choice. You will actually have more flexibility being a Canadian than American.




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  • wandmaker
    03-20 07:47 PM
    I have got an RFE for 485 application. USCIS is asking me for Employment Letter, Paystubs and W2 for the employer I NEVER worked. (I have typed exact message below)
    *
    This is my situation-
    I worked for 'Employer #1' from Jan-2000 to Jan-2005
    Then I started working with 'Employer #2' from Jan-2005 to present. Employer #2 filed my H1/Labor/140/485. I am still working for Employer #2
    *
    However, I thought of changing job in 2006 and 'Employer X' offered me a job and sponsored my H1 and it got approved too, but I changed my mind and decided to continue with my current employer (Employer #2) and I am still with Employer #2. Please note my latest H1B was sponsored by “Employer X”, but I never worked for this Employer.
    *
    Please advice-
    1) What should I send to USCIS? As I don’t have (can’t get) Employment Letter, Paystubs and W2 for “Employer X”
    2) Would you consider this as simple case or complicated?
    3) Should I hire attorney? (I self filed my 485 in July-2007)
    *
    *
    This is the exact text - (changed Employer names)
    Service records indicate that you were granted an H1-B nonimmigrant worker classification for employment from DEC 11, 2006 to DEC 11, 2009 for “Employer X"-. However, according to the G-325a submitted with your application, you had only worked for "Employer #1" from Jan-2000 to Jan-2005 and for the "Employer #2" from Jan-2005 to the present. Please provide evidence that you were employed with “Employer X". Such evidence may include copies of: employment letter, pay stubs or w2s

    Thank you for your time and help.

    Ask your attorney to write a letter in response to RFE and explaining the situation you never took the job with employer X though the H1B transfer or new is approved, this will clear the query of USCIS. One catch, you should have maintained a continuous employment with #2 and demonstrate the same to USCIS. Good luck!

    Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, so there is no question that you recent h1 is valid and past is invalid. Get an attorney, Good weekend




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  • factoryman
    02-13 02:52 PM
    Thanks GCard_Dream.
    Sleuths. Bring out your magnifying glasses, pen-torches. Search the bill and look for 'unused', 'visa' and 'Sch A'.

    This vote is a test only and so no time to relax.

    There goes the supplemental bill and any hopes of getting any relief by Feb 15th.

    http://news.yahoo.com/s/ap/20070213/ap_on_go_co/congress_spending;_ylt=AmFxyhCYs5och8xea1qWeR3MWM0 F

    However, logiclife has indicated that there is a very good chance of CIR being debated in the Senate sometime in March so we should get ready for that now. Folks who were opposed to I-485 provision must be having a great day today. :)




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  • needhelp!
    05-01 04:39 AM
    Thanks amit_sp & gova123 & psvk & xlr8r & 65B4GC & asanghi & GCneeded & tampa2006 & gnlbigte

    We have a very long way to go/ So far less than 100 members have contributed. less than 0.4% of our membership... its time to come together now and show our strength!

    Contributions in any amount can be made through PayPay to donations@immigrationvoice.org



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  • kkt_tkk
    05-27 11:57 AM
    Hi,


    Contribution $200 for my cause, go IV..........

    Transaction ID: 69110882PW558882D




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  • gc_lover
    07-05 11:18 AM
    Just called USCIS and told her that My application was mailed on Jun 28th and it got delivered on July 02. I also told her that my PD is May 2003 (hence i'm eligible to file in June)..

    She told me that since i mailed it in June and this Notice goes into effect in July 02 my application WILL NOT be rejected... She asked me to wait for receipt notice :)

    GOING CRAZZZZZZZZZZZYYYYYYYYYYYYYYYYY

    Please don't get your hopes up my friend. It's coming back...anything on July 2nd is coming back!



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  • JunRN
    09-12 10:05 PM
    REALITY CHECK:

    Here's the roll-call for CIR 2007 cloture vote (Yes to pass).

    Grouped By Vote Position YEAs ---46 (D - 35, R - 11)

    Akaka (D-HI)
    Bennett (R-UT)
    Biden (D-DE)
    Boxer (D-CA)
    Cantwell (D-WA)
    Cardin (D-MD)
    Carper (D-DE)
    Casey (D-PA)
    Clinton (D-NY)
    Conrad (D-ND)
    Craig (R-ID)
    Dodd (D-CT)
    Durbin (D-IL)
    Feingold (D-WI)
    Feinstein (D-CA)
    Graham (R-SC)
    Gregg (R-NH)
    Hagel (R-NE)
    Inouye (D-HI)
    Kennedy (D-MA)
    Kerry (D-MA)
    Klobuchar (D-MN)
    Kohl (D-WI)
    Kyl (R-AZ)
    Lautenberg (D-NJ)
    Leahy (D-VT)
    Levin (D-MI)
    Lieberman (ID-CT)
    Lincoln (D-AR)
    Lott (R-MS)
    Lugar (R-IN)
    Martinez (R-FL)
    McCain (R-AZ)
    Menendez (D-NJ)
    Mikulski (D-MD)
    Murray (D-WA)
    Nelson (D-FL)
    Obama (D-IL)
    Reed (D-RI)
    Reid (D-NV)
    Salazar (D-CO)
    Schumer (D-NY)
    Snowe (R-ME)
    Specter (R-PA)
    Whitehouse (D-RI)
    Wyden (D-OR)

    NAYs ---53 (D =15, R = 38)

    Alexander (R-TN)
    Allard (R-CO)
    Barrasso (R-WY)
    Baucus (D-MT)
    Bayh (D-IN)
    Bingaman (D-NM)
    Bond (R-MO)
    Brown (D-OH)
    Brownback (R-KS)
    Bunning (R-KY)
    Burr (R-NC)
    Byrd (D-WV)
    Chambliss (R-GA)
    Coburn (R-OK)
    Cochran (R-MS)
    Coleman (R-MN)
    Collins (R-ME)
    Corker (R-TN)
    Cornyn (R-TX)
    Crapo (R-ID)
    DeMint (R-SC)
    Dole (R-NC)
    Domenici (R-NM)
    Dorgan (D-ND)
    Ensign (R-NV)
    Enzi (R-WY)
    Grassley (R-IA)
    Harkin (D-IA)
    Hatch (R-UT)
    Hutchison (R-TX)
    Inhofe (R-OK)
    Isakson (R-GA)
    Landrieu (D-LA)
    McCaskill (D-MO)
    McConnell (R-KY)
    Murkowski (R-AK)
    Nelson (D-NE)
    Pryor (D-AR)
    Roberts (R-KS)
    Rockefeller (D-WV)
    Sanders (I-VT)
    Sessions (R-AL)
    Shelby (R-AL)
    Smith (R-OR)
    Stabenow (D-MI)
    Stevens (R-AK)
    Sununu (R-NH)
    Tester (D-MT)
    Thune (R-SD)
    Vitter (R-LA)
    Voinovich (R-OH)
    Warner (R-VA)
    Webb (D-VA)

    Not Voting - 1




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  • billu
    08-08 11:42 PM
    Yes if you are born in India, then US skilled immigration is closed for EB2/3...its over..finished. I realized this in 2005 itself and started preparing, applied for Canada
    PR in 2006. Took GMAT and applied for MBA. I only applied for Canadian schools...not 1 US school...I learnt my lesson...fool me twice shame on me. In 2007, I got my Canada PR
    and well my MBA admission. I paid resident tuition fees, got loans from Banks as I was a PR. The plan worked picture perfect.

    Interestingly when I was applying for my MBA in Canada, one friend of mine was preaching to me to do in US and not Canada....well guess what ...he got his a** handed over to him and lost his job and is back in India. He applied to US top schools and thankfully he didnt get admission. Overwise I dont know what would have happened.

    I am in touch with Indian student in US B-schools like Harvard as well. Their life is living hell now with 20+ lakh loans in India with parent's home as collateral. Employers run away like seeing ghosts moment you mention H1B.

    why didnt ur friend apply for MBA in canada?....i think a lot of people have misconceptions and pre-conceived notions about canada.......they think of US as the best and canada does not even figure in their list of options......i have got fooled once into h1b to US unaware of the broken immigration system.......wont happen again......i believe the ones in US on h1b visa from india should spread the word about the pathetic EB 2/EB3 india scenario so that no one else gets lured into US by h1b candy



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  • anukcs
    09-13 03:46 PM
    I am amazed in the solidarity just by seeing the responses. But if i think deeper, this rally is not for some national cause or for some greater benefit.

    Every single person here is doing this for one's own SELFISH reasons. Why then are we talking like we are marching to save the planet or save the poor animals going to slaughter or human trafficking or AIDS prevention or even the war in Iraq.

    Yes, we make things easy for people down the road (however that is not our true intention, our true intention is just about how to get the card faster) but trying to pull in more people to the rally by playing on people's guilt is not the approach. You say it like you see it. We want people to come so I CAN GET MY GREEN CARD SOONER. Thats all. So everyone has the same motive...thats all. Nothing more or nothing less. Everyone is going for A SELFISH INTEREST...nothing based on higher principles of duty, sacrifice or to ensure higher morals of life. Everything is for sensual enjoyment.

    Dont write like we are seeking independence or freedom.

    I guess...my head will start to roll...sorry for looking at things differently, I dont mean to find fault but i think this is just one big rally everyone wants to get their green card sooner. Nothing more than that...in my opinion..really not even about folks who may apply in 2010?


    Tell me if there is anything that is not selfish. For me, even saving the world is SELFISH thing to do since you want to LIVE in it. We are fighting against a broken system. A system which is so unfair. You do not have to always fight for saving the world or saving lives.




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  • h4visa
    03-17 11:19 AM
    Thats a good point Harsh. If they are reluctant to increase the H1 cap they can simply look for the talent in their own house (USA). After all we all are paying taxes and can contribute to the economy. and also we should seriously think about lobbying for issuance of EAD to H-4's once I-140 is approved.



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  • indianabacklog
    07-27 12:56 PM
    Nice idea but does anyone honestly think the DOL cares. I am somewhat fortunate that my 2002 labor finally got approved in the middle of 2006. My son is not so lucky since he turned 21 while I was waiting. When my senators office took the matter of my son aging out up with the DOL I was told to put him on an F1 visa and send him to college so he can REMAIN (he wants to LIVE here, big difference) in the United States. These people do NOT care what they are doing to your lives. They do not care that my son has NO path to permanent residency any more and that I have to write the enormous check for his tuition twice each year so that I can still have him in the same country as me and his father. I feel awful for anyone still waiting for their labor certification but at least you will eventually get in line for your green card and will get ahead of those filing now with much later priority dates. You are indeed victims but I just wanted to point out that there are thousands of young adult children who have had their hopes for getting a green card totally shattered by this backlog center fiasco.




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  • bitu72
    03-17 10:24 AM
    they did not have anything for Nurses...also i wish we can atleast get dependents out & 485 filing capablity.



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  • kumar1305
    01-12 09:55 AM
    If we fight we lose once, if we do not we lose every time we don't. IV has nothing to lose if it can at least talk to a very good attorney. I'm not a lawyer but there could many ambiguous statements in it, and good attorney could make use of them to fight.




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  • anilsal
    12-01 06:56 PM
    Can we organize a hunger strike in front of CAPITOL HILL ,just for one day ?
    IV can co-ordinate the event. It will give BIG media attention in DC. It will open the eyes of American people !

    1 day hunger events don't make as much splash as longer ones. But that day be better a working day. :)



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  • yabadaba
    07-05 10:33 AM
    I BEG to differ. I called USCIS today morning and the rep told me VERY CLEARLY that ANY application received on July 2 will be ACCEPTED as July 2 is the cutoff.

    A few min later my spouse called and they told her, Everything would be rejected.

    USCIS customer service center, currently cant differentiate their A** from a hole in the ground!!
    hilarious!!!!




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  • gauravster
    02-25 09:42 AM
    Reading through this, this only says that the status cannot be changed (to a PR). It does not say that the prefiling of of AOS application cannot be done.

    I think we should definitely try to work towards this. There was also an article on Immigration daily (http://www.ilw.com/articles/2009,0225-endelman.shtm) which suggests pre filing as a administrative fix that will solve a lot of problems. It argues that "there is nothing in the INA that compels a particular definition or understanding of what "immediate availability" means."

    I am definitely in for such a initiative.

    Incorrect! Please read again.

    Section 1255. Adjustment of status of nonimmigrant to that of
    person admitted for permanent residence

    (a) Status as person admitted for permanent residence on application and
    eligibility for immigrant visa

    The status of an alien who was inspected and admitted or paroled
    into the United States or the status of any other alien having an
    approved petition for classification under subparagraph (A)(iii),
    (A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or \1\
    may be adjusted by the Attorney General, in his discretion and under
    such regulations as he may prescribe, to that of an alien lawfully
    admitted for permanent residence if (1) the alien makes an application
    for such adjustment, (2) the alien is eligible to receive an immigrant
    visa and is admissible to the United States for permanent residence, and
    (3) an immigrant visa is immediately available to him at the time his
    application is filed.

    This means that visa number must be available at the time of filing I-485.



    Well, Read again. I hope it answers your question.

    Here is the test from newsletter
    What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
    -----------------------------------------

    Have a good day!



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  • superdude
    09-19 04:59 PM
    I am with you.

    To everyone who thinks rallies dont make a difference, as described here : http://immigrationvoice.org/forum/showthread.php?t=13583

    This is not an attack post. Or a criticizing post. This is purely educational and please keep this thread clean.

    I know there are many out there who are snickering in their cubicles looking at the pictures of the rally and thinking "Look at these idiots, they think Congress will pass SKIL bill because they walked 1.2 miles with some placards and banners".

    Such thinking is reasonable. But only if you dont know how things work.

    Here is why rally of Sept 18th will be consequential:

    1. When you do a rally, people notice. People recognize organization and measure its strength. It stays in their heads for a long time and they keep Immigration Voice as one of the organizations they can ask for support when they push for their own cause. In Congress, things work based on compromise, consensus and consultation. People dont just sponsor legislations they believe in. They run it thru their caucus and leadership and do a vote count. To find out how many votes would they get if they came up with this new idea. Whether it will get 218 votes in House. Whether they will get 51 votes in senate. If its filibuster proof and get 61 votes in Senate. Whether it has committee support. Whether leadership offices are in agreement to put it in schedule. All this happens in background and there are people who are hired in committees just to do vote counts on proposed ideas. IF it turns out they dont find enough support, they drop it. If they think they can pull it off, they approach leadership (Speaker in House, Maj leader in Senate) to put it in queue.

    2. Let us say that Congressman X wants to sponser SKIL bill because of his constituency or a senator (like Feinstein) wants to sponsor AgJobs because food growers are having food rotten in absence of agricultural workers, a compelling cause. Now, when they want to pass legislation, they have to look for support and votes as described in item 1. When they fall short, they find ways to sweeten the pot. IF they see that a powerful organization will throw in their support and lobbying in favor of their bill if they attach a few of that organization's provisions, then they approach them. Immigration Voice did 138 lawmakers meetings (in House and Senate). They did the rally. They would consider IV as a organization that can help them PUSH for their legislation. Now we have a place at the negotiating table. If they attach our provisions (like recapture, or GC quota increase), then we can promise to do something for them. Like support the entire bill they are pushing for. They know that we can do rallies and we can do hundreds of lawmaker meetings. If Diane Feinstein (just an example) thinks that by adding skilled employment based reform provisions she can get IV's support and swing a few votes to help her pass her favorite AgJobs bill, then we have opportunity where the Senator would ask us what we want rather than us going and asking them to do things for us. One of IV members said that on the day of the rally, suddenly the office of her senator called her and scheduled and appointment to meet the same day at 4:00 PM. She had been trying to get the appointment but after they rally and Roll call newspaper ad (http://immigrationvoice.org/media/forums/iv/rollcal3a.pdf), they called her to listen to her. I heard about this from her just as the rally was over.

    3. CIR has recently failed. From some meetings, I got the feeling that CIR's failure has left a bad taste in mouth and many people in Congress as well as administration are very upset about it still. Now that we have done this rally, done lawmaker meetings, put a rollcall ad, did the media blitz, press conference, congressional reception (where 4 congressmen attended and spoke in IV's support), they know that it would be a good idea to keep IV on their side and put some of their things in a bill. Next time they write a bill (behind closed doors very often), they will consult us and ask us if they can do something for IV to win IV's full support. That's because by getting IV's support on their side for whatever they are doing, they can be assured that we wont oppose it but instead support it. With phone calls, Rallies, paid ads, lawmaker meetings etc. If they are really investing in getting a bill passed, they would include our provisions just to increase the odds.

    Strength respects strength. If we have the strength to do things and make a difference (rallies, meetings, receptions, press conferences, paid ads), then that strength begets more strenght because other powers want us to join hands with them so that they can do their favorite things (AgJobs, DREAM etc).




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  • eastindia
    01-13 10:44 AM
    he should ask his daughter to return to india first...practice what you preach.

    :d




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  • Jaime
    09-20 12:42 PM
    I would give some days to Attendees and particularly to IV core team to analyze the rally events, meetings in their entirty and come up with the conclusions mainly for 3 things. And I request everybody to funnel data to core team centrally and the same way conclusion and future action list funnelled to members.

    - What we could REALLY achieve
    - How loud we could be heard
    - Any potential and positive impact in near future?
    - Based on all of above making near future strategy

    Note: One thing I want to bring everybody's attention that from November Elections will slowly be given priority by every media and so we may have to come up with careful strategy not having any conflict with election realted major events.

    We look forward to guidance from Core!




    boreal
    07-17 07:56 PM
    Hi all, this is the new ID of bigtime007. As many has noticed, I was banned for the following reason:


    You have been banned for the following reason:
    Disruptive posts

    Date the ban will be lifted: Never


    After thinking about it, I feel very very sorry for disrupting the cheerful atmosphere on this forum. It is time for champagne, not complaints. This should be a place to congratulate and applaud IV's achievements, instead of that to express one's own frustrations. People with 07 PD has the privilege to cheer when they cut in front of us, but we should not feel sad for being pushed back because it is a disruptive behavior.

    Please do not list what you have done to add items in the legislation to help BEC victims, it does not look genuine any more when it is considered disruptive to express one's depression on a board specially for BEC victims.

    This will be my last post, as I am sure they will ban both my ID and IP. For everyone who still reads my post, Good luck!


    Please understand that your older PD is much more important because u would get ur gc that much earlier compared to 2005-07 people. Just because ppl are able to file 485 does not mean that they are going to take a number out of the quota for that year. The numbers are only taken during approval and hence they would all still be stuck in the same queue and you would have gotten an oppurtunity to file and possible get your GC too...take a deep breath, relax and think about this with a cool mind. I definitely do feel bad for you. My labor was stuck in BEC too and i left my company and joined a new one and restarted all over again. Been on H1 for seven years without ever getting any chance to file 485 until now...




    widad2020
    07-14 11:12 AM
    not necessarily.Level III can also be EB2.
    http://www.hooyou.com/news/news080406perm.html

    Current Developments on Prevailing Wage Determination

    Along with the implementation of the PERM system, there were changes made to the Prevailing Wage Determination (PWD) process. The new PWD has a four level hierarchy where the first level is the lowest level. The prevailing wage is the minimum wage required that the employer must meet as determined by the State Wage Determination officials. The prevailing wage varies from state to state, as different State Workforce Agencies may determine the prevailing wage differently. After the adoption of the 4 level prevailing wage hierarchy, people have been worried that occupations requiring a master�s degree might be put in the highest level of the hierarchy. In our practice of cases for positions requiring a master�s degree, with an experience requirement of 2 years the PWD level has usually been set at the second level. Only for those senior positions specified by the job description or other management positions will the PW be bumped to the third or fourth level. As a result, as long as there is an experienced attorney who can make an effective design, the prevailing wage may be kept within a certain range.



    If you scan the PERM data from fldatacenter. There are approx 3200 EB2-I (wage level IV)certified labors for PD up until 06/01/2006. Not sure about BEC certified labors. Based on the perm data ,DOS just needs approx 10000 visa number to clear the EB2-I PERM cases. I think DOS is right on.

    Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.



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