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  • saimrathi
    08-15 04:02 PM
    This is already on another thread..!!!

    http://immigrationvoice.org/forum/showthread.php?t=12391





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  • a_yaja
    04-04 09:10 AM
    I hope not. If they ban bodyshops the cap will never run out.
    And people in Real companies will be able to get the visas.
    There are many business models and you need to be aware of how each model works. There are a lot of companies, banks, insurance companies, even small and medium manufacturing companies that hire contractors for developing IT applications. They remain contractors for a reason - once the application has been developed - the contractors turn over the application to the company for maintenance and enhancements. A small percentage of contractors stay on and become permanant employees - but others move on. It would not be cost efficient for those companies to hire all developers as FTEs - the cost associated with benifits, taxes, 401K, etc are much more costly than having a contractor. Ofcourse, they can lay-off the employees after the project is completed - but what would that do to their reputation? Any company that follows a "hire-and-fire" policy cannot survive long.

    Let me give you a simple real life analogy. Let us say that you have a decent family sized car that you and your family use on a daily basis. Then let us say you want to go on a vacation with your friends family. What would you do in this case? Would you go out and buy a mini-van? Or would you rent one?





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  • mihird
    07-09 03:58 PM
    I dont think legally you can sue someone, because they have worked harder.
    I posted this link , so that everybody may know the legal reasons, which we can present in a court of law.

    If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.

    I till now personally believe , that the USCIS/DOS hasnt broken any law.
    They may have however changed a pettern,process , but no law has been broken.

    It took them 6 months to consume 66K visas and then another 15 days to process another 66K.

    It is reasonably safe to assume, either correct procedures were not followed in the past or were not followed in the last 2 weeks. Only a judge can order USCIS to elobarte on what processes were followed in the last 2 weeks (FBI name checks and security clearances skipped...etc. etc.)

    They made people expend (or rather waste) millions of dollars in preparing the paperwork...and then changed the process abruptly on July 2nd..with no advance notice...they could have published a guidance in the July bulletin itself of this possibly happening, if not published a guidance sometime later...

    There is no doubt, that the entire chain of events were premeditated...and the communication mix-up as claimed by Condoleezza Rice on TV was a deliberate one..

    I doubt if this will all fly in court...they certainly owe the millions of wasted dollars and thousands of wasted hours in preparing the paperwork, back to the applicants/attornies...at the least...

    Keep in mind, the AILF rarely files a law suit against the government, and most of their law suits have had favorable outcomes..





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  • sujith1
    11-22 01:39 PM
    I see a lot of posts here which talks about no salary increase and no change in position. I assume this is due to the employer and not due to the immigration process started.

    If the employer is willing there is nothing that stops the employer from giving you salary increases or changing your position while you wait to get your GC.

    This is what I thought but the posts here sometimes lead me to believe that if you get a salary increase while waiting for your GC your process will be hampered.



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  • GCKaIntezar
    02-22 09:10 PM
    Thanks. I'm going to create a thread under IV Agenda and post.

    One quick request to all members-
    Can anyone bring a laptop with wireless Internet Access so that we can display our efforts online, it will be of great help in recruiting members on the spot. Unfortunately I don't have wireless laptop.

    Let me know if you'll be able to do this.

    Pls post your schedule and location on the the IV agenda thread so that it is visible on the homepage. Urge more NJ members to come to the temple to help you distribute flyers and talk to interested people.They will also have a chance to and meet other NJ chapter members. At least one core member will also come for this and everyone will have a chance to meet and ask any questions.





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  • gcpool
    03-17 09:31 AM
    EB3 to EB2 filing is not cheating. They too are waiting in line. What used to be unfair was the fact the labour clearance in a lot of states used to take years and years and some places in months. What is unfair is allowing to labour substitute. If you have been waiting for long you too can try to change to EB2. And its not cheap and convinient.

    The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !



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  • logiclife
    01-16 10:44 AM
    We sent out a newsletter last night and out of 8400 emails, we have nearly 250 bounced back.

    Emails like a@abc.com are obviously bogus emails.

    See, I can understand the reason for that, you dont want spam. But we send out newsletter less than 2-3 times a month. And we dont sell information.

    So please update your email addresses. So that we can reach you when we send out action alerts like "Call or webfax this or that congressional office".

    Thanks.





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  • kramesh_babu
    07-27 10:40 AM
    Everest Consulting Group Inc is really good. I know them personally for more than 10 years now & they do what they say and do NOT torture their employees like many other consulting firms. I just got my GC thru them :)

    I hope this helps somebody & please let me know if I can be any further help!

    Thanks.
    Ramesh.



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  • rajuram
    11-10 10:09 PM
    bump





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  • pappu
    06-10 12:28 PM
    WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES

    On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.

    We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.

    We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.

    IV is working on defeating this amendment. Please stay tuned for further updates.

    On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213

    AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
    TEXT OF AMENDMENT AS SUBMITTED: CR S4754
    COSPONSORS(2):
    Sen Grassley, Chuck [IA] - 6/9/2010
    Sen Harkin, Tom [IA] - 6/9/2010

    Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)

    SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:

    At the appropriate place, insert the following:

    SEC. __. CERTIFICATION REQUIREMENT.

    (a) Short Title.--This section may be cited as the ``Employ America Act''.

    (b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--

    (1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and

    (2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.

    (c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.

    (d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--

    (1) the date on which such individual will no longer be authorized to work in the United States; and

    (2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.

    (e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).

    (f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).



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  • illinois_alum
    07-16 08:15 AM
    Your company should be quite rich to keep paying for EAD's and AP's you don't need, with their periodical extensions, and also for your H1 renewals....

    Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D





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  • gcnotfiledyet
    02-28 02:33 PM
    What a lovely change. Every time Obama and his press Secy opens their mouth, markets dive into red. In this country Main Street and Wall Street are in bed with each other :-)
    Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D

    Expect huge government control pretty much over everything from now on. Times of big government are back. Government (read leftist like Obama) has seen the result of private investors. Healthcare is a mess, education is below par, social security/medicare is on brink, rich getting richer, poor getting worse etc.

    Obama has totally different philosophy than republicans. Bill clinton said era of big govt were over. But that is about to change. In insurance / pharma sectors govt will wipe off these scumbags. Insurance companies are nothing but taking away profits for no help. There is no reason for them to exist. If you think about insurance general americans are paying 11k for family on average income of 48k. That is tax of 20%. Also add profit taking by insurance companies to increase costs, preventive care totally denied, admins taking decision instead of doctors etc. I would rather pay 10% more taxes to govt than to insurance companies.

    Govt is all ready to wipe off sallie mae. There is no reason for private investors need to provide loans for students. Government should be able to make federal loans and help students. Private investors made loans to students to fund their luxuries during colleges. These essential services critical for a nation should not be used to make profit. Or else it results in what we are seeing today.

    Either way there is no debate that Obama will bring more government in every sector. This will discourage investors to put their money into it. It will also mean higher taxes for average public to use these services. It can mean that country will move in direction of services provided to average Joe rather than corporations making profits. As for investors they can forget to make blind profits from wall street. They will have to fund innovation rather than profit making by abusing law (read housing crisis).



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  • punjabi
    07-13 09:53 AM
    Congratulations!!

    I suggest you do it right away. I mean, keep papers and application ready. And Fedex it on 31st July evening.

    Good Luck, my friend!


    understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!





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  • sabudanawada
    03-20 09:34 AM
    Tens of thousands? :eek:you kidding me? where did you get that number from? Please explain your logic/source or refrain from making unwarranted assumptions.

    If they have made the priority date to 2003 now, what that should tell us is that they suspect only a few thousand applications pending before that deadline.

    NO, no way.

    There are tens of thousands of EB2 India applicants from 2000 to 2002. Add labor substituters, EB2 converters, and you'll be lucky to see EB-2 India at even Dec 2002. Most likely within a few weeks of Apr, all EB-2 India visas will get used up. Keep in mind the new EB-2 numbers are from EB-1 India flowover. So it's going to last even less time than Oct-Nov last year.



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  • leoindiano
    03-17 10:58 AM
    Yes, mine was in Philly BEC too...which was approved in 2007 January.

    But, there was quite a few go lucky people whose labor was getting approved in 30 days state, 30 days federal until that time. thats why i took 50-50 probability.





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  • DesiGuy
    09-11 11:12 AM
    hadn't the "subcommittee" already approved the bill and then it was presented to the "full committee".

    maybe once the subcommittee approves, the bill is ready to go to the house for voting?

    getting confusing, guru's please clarify.



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  • BharatPremi
    09-19 10:27 PM
    Probably, Keeping job (at least 6 month to ride wave) is much more important then GC. Smartest people in the world (on wall street) doomed us !!!

    Now they are saying "Smartness" is a relative term.:)





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  • breddy2000
    06-13 12:37 PM
    http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2007/06/13/MNG88QE8HV1.DTL&type=politics





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  • sanju_dba
    07-24 11:15 AM
    The early the 485 filing , the early you are from your citizen ship date?





    amsgc
    07-04 08:04 PM
    Legal,

    The 700K number is from the Ombudsman's report. He speculated that if the VB was made current, the there would be that many people eligible to apply in the two to three months.





    SunnySurya
    07-14 08:51 PM
    Thakur to gayo... (A Dialogue from hindi movie Karan Arjun)
    but the good news is , since your I-140 was approved, your PD is locked and you may be able to use AC21
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?



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