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  • nixstor
    07-05 03:00 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.

    This is a perfect example of how an argument can be twisted and turned around. So you would prefer Pappu or 3 other members to have a funding drive for ever instead of having a constant flow of money? No one questioned the intentions of core members or people who started the website. They not only started this as a place where we can discuss issues, but also as a place where people in similar situations can come together as a community and contribute towards the cause. The contribution is both monetary and personal time. Both grass root efforts and lobbying will bring success. I personally, (who has been vocal on the thread) am not agitated that I am paying and xyz is not paying. People do not see a need to pay for IV because they are getting what they want. Every one on their heart of hearts know what kind of platform we have built here and without $$ it all means nothing. An hour before I spoke with a NPR news reporter and she asked me if I were calling on behalf of IV as soon as I explained the VB fiasco. Its our choice to support through contributions or to undermine the main agenda of the organization.

    Do not try to sell the point that we will lose membership if we make it paid, atleast to me. As I said before, people have come over to IV when hell broke loose time over time. I do not see a reason why they would stop coming. We are highly skilled but not very well endowed financially. What can we do other than lamenting about our personal choice instead of coming together as a community?





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  • americandesi
    12-24 01:46 PM
    Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.

    Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.



    You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351





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  • v7461558
    07-17 11:23 AM
    See? It works. Nothing like instant gratification!

    Go after the lies one by one. We have the power to disassemble lies, because knowledge is power.

    Anyone want to take on #3?

    After a while, they'll get tired and take the whole thing down. Whatever other methods of propagating lies they try, we have the power to expose them. And, the laws are on our side.





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  • perm2gc
    01-10 06:11 PM
    https://www.visapro.com/Message-Board/showthread.php?p=62321#post62321



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  • Openarms
    02-03 11:03 AM
    This is the only strongest point we have ever had. So let us push or aks for help Obama administration.
    If they can bring people based on merits( regardless of country ) to work they should do the same for green card. If not the system should be fair and strong.... not to open back doors for people to persuade to come to this country and be work like horse.





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  • jamesbond007
    02-19 03:06 PM
    Instead of opposing it for fear of application deluge, why not ask for a clause that says applications should be adjudicated within a certain timeframe?

    And do not under estimate USCIS. They are capable of approving 45K GCs in a week. (July 2007??). They may not want to do it for various reasons - rake in perpetual fees on renewals, numerical limitations each month/quarter/year etc. I think they have the capability; but not the willingness.

    May be getting 10 millions latinos in the AOS queue is what is needed to improve the USCIS' processing. With them, the latinos also bring their strong lobbying efforts too.

    There has to be some movement towards bettering the immigration process in this country. If you will only accept a "perfect" fix, no reform will ever make it. Any change towards improving the immigration process should be encouraged.
    It is really sad to see opposition to this proposal just because it did not include every one.



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  • ssdtm
    02-01 04:22 PM
    Interesting long post about Indian cos.

    One point you are missing is, we live in a professional world, and if one is not fit, he/she is fired right away, particularly when one is a consultant. There may be some truth in your observation but you have too much generalized it and are making everyone look like unethical.





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  • MDix
    03-10 03:14 PM
    I hope I have answered your question (in red). :)
    Let me ask you again, there are two "they". Same or Different?
    Here is your statement again
    >> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.

    Remember, this is a trap question.



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  • GCKaIntezar
    02-02 09:34 AM
    Sorry, but I couldn't join last night's conf. call. I was out on a business work.

    Did you guys meet?





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  • stucklabor
    07-24 10:15 PM
    .. there should definitely be some policy interpretation at the discretion of the USCIS

    1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application

    2) If you are interpreting it based on the words ....

    "an immigrant visa is immediately available to him at the time his application is filed"

    Then according to 245(a)(2)....

    "the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "

    ....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.

    Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.



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  • logiclife
    01-31 02:15 PM
    [QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.

    I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.

    Out of status is anyway no better than illegal.

    Look. Here's the deal.

    Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.

    The problem arises at the time of H1 transfer. And here is the classic situation:

    You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.

    So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.





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  • ItIsNotFunny
    03-17 11:19 AM
    Category: EB3 India
    PD: Sep 2002
    Filed 485 on 07/27/2007

    If your PD is Sep 2002, why did you file in July instead of filing in Jun?



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  • greyhair
    02-11 04:10 PM
    I have asked to Vin13 if he/she can get source of information from Ron. If you have good contact with him can you ask for source of info ? Any link to USED vs waste number. Or even any link that made definition of USED visas and waste visas and their number for last year ? I am serious to get this fix this time , if I get a link to some document that clarify. I think that will help so many. Please get some links to information and we should build a team to fight for this.

    I'm sorry to say this but this will probably the last you hear from . I've tried my best to find a credible source but it never goes anywhere. People just want to talk in terms of random numbers without any concrete substance. Please count on me to work on this issue if you are able to find anything. But in the absence of credible information I refuse to fall in the trap of immigration body shops.





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  • bondgoli007
    07-29 02:42 PM
    @wizkid...Nice job!! Go on and pile it on the poor sod!

    You had already made your point in your initial post to this thread so why rub it in? Is it because you never have faced such a dire situation... if you cannot offer anything constructive atleast shut your trap, don't be such a jerk and let the guy vent!

    @uma...I can understand your frustration at this point. Is staying and working in the US very important to you? If so, you can try to workout a solution with your employer where you can work for them in a different country for 1 year and then maybe come back with a new 6 year H1 time. If the economy gets better (and hoping it would), you can perhaps negotiate with them to restart your GC process or at that stage move to another employer. I ask you to think ahead with calm and logic. You will find a solution which you will be happy with in future.

    I wish you all the best and Take care!



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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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  • Saralayar
    03-09 06:48 PM
    Both 1A and 2A category for Family Based (sons, daughters, spouse - of citizens and green card holders) has better dates (15th Aug 02, 15th Aug 2004) than EB-2 India, and EB-3 India.

    This is so preposterous, words cannot even begin to describe this absurdity.

    So those of us who have been in U.S. for almost a decade, have been contributing to this society, and have held our life in constant limbo, are being given a lower priority than those who are still back in their own country and living a happy life and who can now immigrate to U.S. based on family immigration.

    Do the lawmakers have no common sense left atall??

    Check my threads on Citizenship. Ask for citizenship directly if you are living here for more than a decade...



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  • thesparky007
    03-07 07:19 PM
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  • ugotdude
    11-21 11:03 AM
    You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.

    abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )

    I wish you all the best with your life.

    lwpd

    http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
    I'm not able to open this URL? Getting the following message

    404 - Requested Page Not Found on Site

    The page you requested, http://www.uscis.gov/files/pressrel...h22_091206R.pdf, is not on our site.





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  • vansree
    07-13 06:29 PM
    I talked to her related my case complexity - Border revoking my visa - She just wants money. She cannot provide any clear details, any expectations.

    Just to be part of the cloud and claim something she did, actually apart from the web site, she wont even talk to you once take up the case. Some of her colleagues or assistants talk.

    She just want to get money ... Being Indian, I can say she is typical person for money. Highly C** mind...

    if it is trouble some, she wont even reply!





    shaikhshehzadali
    07-11 08:07 PM
    Pd Dec 2002
    I140 Ad 03/2007
    I485 Rd 06/2007





    srkamath
    07-13 12:34 PM
    Mnay July 07 filers have reported LUDs and RFE on their 485 this past year when their priority dates were not current. This means all the files that were received in or before July 27th 2007 at NSC have already been reviewed.

    I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
    However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.



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