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  • drirshad
    07-02 06:32 AM
    So far so good, hope we are on the same note rest of the week.





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  • Libra
    09-28 10:07 AM
    ateast we have laws here to protect us from racism and hatred, i dont have personal experience but my cousin who lived 3 yrs in middle east and 2 yrs in europe and currently living in US says US is better than those countries to live.

    so lets fix the system for us and live peacefully.





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  • immique
    07-01 04:22 PM
    online petition is a very good idea. it is bound to gain increased attention as we make our views clear. having country quotas/limits in EB system does not make any sense. if not addressed quickly the people from retrogressed countries have to wait 15-20 years before they can ever see their green card while applicants from other countries get their green cards in a few months.





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  • senthil1
    06-13 11:43 AM
    Impact of rule 2 will be minimal and that rule will be really used not to displace
    US workers if that is the purpose. If companies are not really displacing US workers why should they bother about this rule? This rule will certainly minimise the outsourcing by laying off people as H1b persons are required for offshore co-ordination.

    Rule 3 is putting ad that is just like a Labor process in green card. It will delay h1b hiring for a month and really impact will be minimal

    Those 2 rules are worth if companies can get best people in the world(that was the intention of H1b program. That is what Google and Microsoft are arguing)

    With the restrictions we are getting 115 to 180k H1bs. If there is some plan for clearing backlog for gc then we can very well support CIR

    Correct me if my understanding is wrong.


    Hi, Senthil and Bugmenot

    You said :They will allow some form of consulting and they may ban subcontracting in H1b.

    Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
    ex bearing point....

    Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.

    Impossible to be applied.
    (Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).

    Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.

    I will show you how the merit based system have to change for EB in my next post.

    Got to go...



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  • jprangi
    07-03 02:10 PM
    Hello All,

    This whole story is a mess. USCIS is very much wrong on what they did. We all ended up in spending hundreds of thousands of dollars and on average one week of time to file the application. Few people took off from their work to complete the application on time. Few people paid as much as $700 for medical.
    I have seen tons of blogs on internet and every blogs is talking about the same things.

    Even though there are hundreds thousands of people were suffered. I don't see a single line on any major new web website or TV news channels. I doubt if any senator even knows how USCIS has been torturing (emotionally as well as financially) good, educated, responsible, and legal residents.

    Dont you think its time to wake up and scream so loudly that these deafs can
    hear and feel the pain.

    Dont you think its time to help yourself. Forget about your employers, its not in their benefit to fight for you.

    Dont you thinks its time for US citizens to know what their great US govt ( lovely responsible senators) are doing for legal resident. They are working hard to make illegals (out of them so many are criminals) legal. Giving hard time to legals.

    Dont you think its time to tell every one that what can happen to America if we go mad and do system maintenance by running the command "rm -rf /*"

    MAY BE ITS THE TIME TO COME ON ROADS IN LA, Chicago, NY, and Washington DC.
    Its time to tell them that we can do it and we can do it very hard.
    Its time to stop beating around bush and do something useful.

    Just some thought..

    -JP





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  • ca_immigrant
    01-16 06:07 PM
    I am ok so far (as far as I know), but keep worrying about what could happen...I wish I had better control over my mind and did not worry about all the things that could go wrong....I have a 3 year old and at times when I am chatting to her my mind is running all over the world thinking of all the possible things that could go wrong...

    I remember one of my friends once telling me when I told him about being worried about lay offs...he said...come on, that is like worrying about a earth quake....

    Let us hope that things improve soon !!



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  • abhishek101
    03-12 11:27 AM
    IV needs to OPEN ITS BOOKS

    And show DONORS where their money is going? Where is the sponsors money going? and what is this ORGANIZATION planning to do. IF not, one these days they will find themselves in a audit and public scrutiny.

    Any yes people who says open your eyes? Have you got your GC? EAD is only a means and not the destination


    PAPU, you need to explain to all IV members and disclose the books and what you are doing as IV head, and dont give me the bull, of we are working, you want our support, we want clarity and real action.
    cmphr, kumarc123,

    I have one question for you why are you visiting IV website, you have nothing better to do?

    First of all IV is not forcing you or any body to come here on the website. If you have issues you are most welcome to stop coming to the website.

    SO STOP BROWSING IV, you are waisting our precious bandwidth ( for which we have to pay) because you can only shout rather than doing anything constructive.

    We can make sure your account gets deleted from the website and records and you are banned from the place.

    Actually we as a community are better off if we can get rid of people like you.

    Pappu really does not owe anything to any of you actually you owe a lot of money to him. He spends his precious time giving you updates and you only can act as an A**.

    I would highly recommend to ban people like you .





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  • franklin
    04-23 02:31 PM
    Thank you Nor Cal members, on behalf of 1 member who was unable to attend. I encourage those not already part of the Nor Cal Yahoo group to join it.

    There are roughly 10 members trying very hard to boost activity without our section, and it encourages me that there were around 50 or so representatives at the meeting.

    Stay active, join your chapter!



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  • imneedy
    10-15 07:53 PM
    printed mine .. will post tomorrow!
    10/16 - Posted





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  • logiclife
    12-20 04:54 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    (k) Inapplicability of certain provisions for certain employment-based immigrants

    An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien’s admission.

    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.



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  • GCard_Dream
    01-17 02:18 PM
    anurakt,

    The intent of the message is appropriate but the presentation isn't. I know core team is very frustrated with the lack to contribution and it's perfectly understandable but language like this will only turn more people off and that won't help anyone.

    I agree with the post earlier that may be you should just delete your post for the good of the community and I am sure you know that.





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  • SunnySurya
    07-28 12:12 PM
    By the way Mr. Chantu,
    Read this http://www.iht.com/articles/2005/11/08/news/blogs.php



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  • abhijitp
    07-25 05:14 PM
    This is not new but only Lawyers and the employers who filed your GC knows what position and job duties on which they applied your GC.
    Position and job duties on which they applied your GC = whatever they said in your PERM/ labor cert application. If they make a change to that during the I-140 or I-485 stage, that itself will lead to RFE, if not to rejection! Some of us may not have the copy of the labor cert/PERM approval, but if so, one should try to look for the form that you (hopefully) reviewed during the first stage. For PERM this is ETA form 9089.





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  • boreal
    12-28 02:35 PM
    I just got my I140 approved. Waiting for 485 visa number to become avaiable. Have an offer of a better paying job in a bigger company. Can I switch Company and still carry the PD from the LC/I140 of the previous employer?
    If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?

    Thanks for quick response. I need to let the new employer know of my decision.

    Saeed:confused:

    You can only carry the PD, provided that the current I140 is not revoked. (provided it is not cancelled either due to mis-representation). You would have to restart from scratch with the LC though. You would be losing the time that has already been spent on LC/140 obviously.



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  • sanju
    04-04 03:30 PM
    Your argument may be true only some extent. If you keep on asking more H1b and GC without meaningful reform of H1b then it won't sell in the congress and they will try to keep staus quo and you have to wait years to get gc. How do you resolve the problem of Cap reached within few days? Will congress accept unlimited H1bs? What is the solution for this?


    Your posts seem to suggest that because we (collectively all of us on the forum) have not yet agreed to a �meaningful reform� of H-1b,that has prevented fixes to the green card process? Is that what has truly delayed fixing the current green card backlog?

    Secondly, we do not have to choose between the one and the other i.e. we do not have to choose between supporting Durbin-Grassley bill and delay with the green card. Do you think that supporting Durbin-Grassley bill that contains absolutely nothing to fix green card delays will somehow speed up the green card process?

    We (all of us when calling lawmakers) HAVE to differentiate between increase/decrease in H-1b and green card delays. H-1b is not our issue and we will be better of staying as far away from that issue as possible. If we have to call, then we should call in to support a bill that has our provisions, rather than a bill that has nothing for us or maybe stuff that would hurt us.





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  • krishmunn
    05-23 02:35 PM
    Definitely much better than a computer operators'. I have high regards for people who work at reputed companies such as MS, ORCL, Apple though. By computer operator i mean people who try to speak english but sound as if they are speaking telugu.

    What about those who try to speak English but sound like Hinglish (North Indian including Punjabi, Jath et al), or Bonglish (Bengali ) or Inglish (Gujarati -- "In evening I had heavy 'snakes' ).... are all of them (including you) just some "computer operator" ?



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  • sanju
    06-13 12:03 PM
    I think Administrator should put a stop this IDIOT. Every now and then some arrogant idiot shows up from somewhere, and tries to hijack the forum for that day. This guy polky doesn't care if people on this forum are all LEGALS. This maniac is brainwashed and should be banned immediately. Otherwise, he will waste rest of his day preaching about "ILLEGAL IMMIGRATION" even though no one on this forum is ILLEGAL.

    hey polky,

    will you leave yourself or do you want Administrators to ban you from this forum??? I would suggest that you take easy on yourself.


    ......WE ARE OPPOSED AROUND THE WORLD BY A MONOLITHIC AND RUTHLESS CONSPIRACY THAT RELIES PRIMARILY ON COVERT MEANS FOR EXPANDING ITS SPHERE OF INFLUENCE...ON INFILTRATION INSTEAD OF INVASION...ON SUBVERSION INSTEAD OF ELECTIONS...ON INTIMIDATION INSTEAD OF FREE CHOICE...IT IS A SYSTEM WHICH HAS CONSCRIPTED VAST HUMAN AND MATERIAL RESOURCES INTO THEE BUILDING OF A TIGHTLY KNIT HIGHLY EFFICIENT MACHINE THAT COMBINES MILITARY DIPLOMATIC INTELLIGENT ECONOMIC, SCIENTIFIC, AND POLITICAL OPERATIONS. ITS PREPARATIONS ARE CONCEALED NOT PUBLISHED. ITS MISTAKES ARE BURIED, NOT HEADLINED. ITS DISSENTERS ARE SILENCED. NOT PRAISED. NO EXPENDITURE IS QUESTIONED. NO SECRET IS REVEALED. THAT IS WHY THE ATHENIAN LAWMAKER SOLO DECREED IT A CRIME FOR ANY CITIZEN TO SHRINK FROM CONTROVERSY. I AM ASKING YOUR HELP IN THE TREMENDOUS TASK OF INFORMING AND ALERTING THE AMERICAN PEOPLE. CONFIDENT THAT WITH YOUR HELP MAN WILL BE WHAT HE WAS BORN TO BE...FREE AND INDEPENDENT" John F Kennedy

    http://video.google.com/videoplay?docid=8450558837192717138&hl=en





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  • cestmoi
    01-11 11:46 PM
    Am I blind or is part 2 missing one more option?

    None of the options apply to me below as I will be applying for employment based Green Card as I have a L1A visa (unless I'm not supposed to be filling out i-485?)


    a. An immigrant petition giving me an immediately available immigrant visa number has been approved (attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed...

    b. My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children

    c. I entered as a K-1 fiance(e) of a US citizen whom I married within 90 days of entry...

    d. I was granted asylum or derivative asylum status as the spouse or child of a person granted asylum and am eligible for adjustment.

    e. I am a native or citizen of Cuba admitted or paroled into the US after Jan 1, 1959...

    f. I am the husband, wife or minor unmarried child of a Cuban described above in (e)....

    g. I have continously resided in the US since before Jan 1, 1972

    h. Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the US for 1 year...





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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.





    mps
    04-23 09:43 PM
    Hearty Congratulations !!

    You have been a great contributor to this site .. please continue to do so for benefit of rest of us ..:)





    grinch
    02-15 09:15 PM
    haha dont give up man!

    but nice case!



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