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  • sanjaymk
    07-17 06:34 PM
    Here is a rough draft of what we could use for the Webfax, please feel free to add/modify and change it to get to the final version. I feel it is a little too long so feel free to suggest your changes.

    The Truth Shall Set You Free � Bible.
    OR
    This country will not be a good place for any of us to live in unless we make it a good place for all of us to live in. ~Theodore Roosevelt

    Respected <<Senator>>,

    I would like to bring it to your attention some of the false propaganda and myths about highly-skilled H1B workers that are being fabricated and spread among the Senators. Most notable among them is a fax from NumbersUSA organization.

    NumbersUSA has been faxing the below document to Senators and Congressman and urging them to vote against the SKIL bill act. I would like to bring it to your attention that this document is filled with blatantly untrue and misleading statements.

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    I would like to take the second point and prove the fallacy of this vicious propoganda.

    A simple google search of the key words (alien taxation), leads me to this IRS document http://www.irs.gov/businesses/small/international/article/0,,id=129431,00.html that unambiguously states right at the beginning that

    ..the controlling principle is that RESIDENT ALIENS are taxed in the same manner as U.S. citizens on their worldwide income

    Further links in the same website lucidly and succinctly explains with clear examples the taxes for highly skilled H1B workers(The links to these documents are furnished in the Appendix.)

    As a resident of your state I would like my representatives to use their precious votes based on sound facts and information from credible and trustworthy sources, because the last thing a representative would want is their constituents doubting their credibility and decision making.

    I sincerely, kindly and respectfully urge you to kindly take this into account while making your decisions in the future.

    Respectfully Yours,
    <Name>


    Appendix.
    ========

    http://www.irs.gov/taxtopics/tc851.html
    http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html (Example 8 specifically)


    ================================================== =====





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  • reddymjm
    10-21 08:59 AM
    Bump





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  • 485Mbe4001
    07-28 06:09 PM
    i guess now i know why EB3 I is being ignored, is is a VERY VERY VERY INDIA specific issue ? :p


    My Friends.

    Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.

    IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.

    Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:

    1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
    2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.

    (FYI: I am an Indian and a proud to be one btw.)





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  • Ramba
    07-15 10:54 AM
    I spoke with the immigration guy at my ex employers place. My 140 was indeed revoked. He doesnt know the date when it was revoked. He is certain the 140 sponsoring employer is willing to employ me. This means I can get an Employment Verification Letter from him.

    Will this cause a concern with USCIS as
    1. This company applies for 140
    2. Revokes an approved 140 when employee quits
    3. Is again willing to offer the job

    Should I take AC21 route instead as I have an offer with the company B.

    If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.



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  • logiclife
    12-20 05:50 PM
    If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.

    If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.


    Relax !

    Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.

    Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.

    Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?





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  • pappu
    07-23 10:36 PM
    May be I asked you same question before.
    What is the best way to send to CIS when receipt notice is not received yet.
    When you said reject, what do you mean?
    Will CIS reject before issuing RN or after issuing RN?
    - Which receipt notice? 140?
    - I meant denial.
    - After issuing RN and later during adjucation process.



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  • vijayassr
    02-23 02:24 AM
    Hi,
    Have a question on my visa.

    I applied for H1 visa with company A, when I am in US in Apr'08 with
    L1 thats getting expired, due to emergency I went to India.

    I got h1 approval notice with COS on July'23 2008.

    My Indian company B asked to get fresh L1 , so I took a stamping on
    Aug'20 2008 and came to US on L1

    changed company A with H1 visa . (company A did not do any COS again, since they say H1 is already with COS).

    Want to know if my H1 is valid do I need to do any other things to
    tell USCIS that I am on H1 NOW. Can I do stamping at Mexico/Cuba.

    If there is any problem above how to come out of it.





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  • nomi
    12-11 04:12 PM
    I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
    http://www.americanlaw.com/aos.html

    I think this act is not the applicable one.

    So I think we are still green to discuss this. Do you interpret the same?


    so let`s see what does core team `s opinion about it ?? Core Team, please throw some light on it.

    Thx.



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  • sammas
    07-12 03:57 PM
    E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS

    INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

    For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.





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  • GCKaIntezar
    02-09 07:36 PM
    optimist578 optimist578 is offline
    Member

    Join Date: Oct 2006
    Posts: 43
    optimist578 is on a distinguished road
    Default Want to join

    I want to join the effort. I live in Union City (near Hoboken) but donot drive. Do you have any events planned in New York City or near Journal Sq or any place accessible by train?
    email kamla345@yahoo.com

    Varsha,
    Please can you add Optimist to the list and send him/her email for the telecon?
    Thanks!



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  • nomi
    12-12 04:31 PM
    Yes, we do listen - Fixes based on your comments

    While we will not respond individually to your e-mails to us, we do read - and act - on them. This page will show some of the issues you have raised and solutions that we have instituted in response.



    November 15, 2006
    Administrative Appeals Decisions

    These decisions are currently unavailable on the USCIS web portal. We expect to have them re-published by November 30.



    --------------------------------------------------------------------------------

    November 8, 2006
    I-LINK Materials/INA/8 CFR/etc.
    While these legal materials are available (including the redacted Adjudicator's Field Manual). They may experience intermittent problems. If you try to access this material and see a blank page, refresh your browser. The page should appear. Please note: the redacted Adjudicator's Field Manual is a very large document, and may load more slowly than other legal materials.

    Policy and Procedural Memoranda
    These are being republished now, and should be complete no later than November 9.

    Broken Forms
    We are receiving a number of comments from you that a particular form is corrupt or somehow not working. If this happens to you, please let us know the following details:

    The form you are attempting to download
    What version of Adobe Reader or Acrobat you are using
    What browser and operating system you are using (e.g., Firefox 1.x and Windows XP)
    This will hopefully help us nail down the problem. Thank you




    --------------------------------------------------------------------------------

    November 7, 2006
    Missing I-600A Form
    Replaced the form Nov. 6

    Immigration Statistics
    If you are looking for the immigration statistical reports we published on USCIS.gov, they can now be found at www.dhs.gov/immigrationstatistics. Or click the related link "Immigration Statistics" on this page.

    Case Processing Times
    If you are looking for the listing of processing times for particular application or petition types at our regional and district offices, you may find it at the related link "Case Processing Times" on this page.



    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f55cc2e9bb6be010VgnVCM1000000ecd190aRCR D&vgnextchannel=7220c9ee2f82b010VgnVCM10000045f3d6a1 RCRD





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  • ASR
    06-06 05:13 PM
    Mine is so similar to yours !! Jan 27 instead of Jan 29 and July 2 instead of Jul 13. VA instead of OH. Hope mine will get cleared soon. But God only knows when. :)

    Mine is similar to you case, PD- Jan 23 2004, RD July 23 2007, ND Aug 24 2008

    Do feel they go by processing times striclty?



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  • JalwaeJana
    11-12 02:12 PM
    Guys

    So are we having a conference call or have we decided that we should individually write letter that has already been drafted.





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  • delhiguy
    07-09 03:43 PM
    I was surprised to see that nowhere it was mentioned that USCIS processed 25k petitions over the weekend (or nearly 60k in 2 weeks) as reported by some USCIS officials last week and in many cases broke their own regulations by approving several cases with pending background/name checks. That definitely sounds to me like a conspiracy against July filers....In my view, that should have been one of the strongest points we can use against USCIS. I dont think we have a case against DOS as they had to revise the bulletin as USCIS requested more than available Visa numbers and exhausted the quota.....Even Dr. Rice made it clear in her NBC interview from the DOS perspective that revision of visa bulletin caused an "inconvenience" to the petitioners....


    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 be presented 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.



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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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  • mmrao2007
    07-14 05:15 PM
    May be you can submit AC 21 now. Just a wild guess



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  • tooclose
    07-13 10:24 AM
    It is not a contradiction to the previous statement.

    Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
    Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
    Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
    etc...

    Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.

    yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)





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  • Jerrome
    07-28 03:49 PM
    Good one..

    I am reading about 16th century stuff here in this thread.

    Let us go back to 10,000 B.C or further back (ice age or if possible even before).

    Was there any gods (known to us) then (any religion for that matter)?

    Gods came in to existence with human civilization. Initially as an answer to all things that were 'unknown' to human beings and then later as a 'tool' to insist discipline (in their own understanding as to what discipline is) among human beings.

    We talk about Iran, Iraq, afghanistan wars, bomb blasts in India, poverty in places like somalia and in all of these INCIDENTS millions of innocents died/die. What are/were the 'Gods' doing? Can They not stop this from happening?
    They won't. Because these are started by human beings and unless we stop it won't stop. Now don't direct me to a book or a PDF. Answer me straight.

    Human beings are the most cruel/selfish creatures on earth. We are animals - well worse than them - social animals. This thread does not make any sense.

    We are talking about our 'beliefs' here and that is decided by so many factors. Million people will have million different beliefs.





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  • snathan
    08-21 01:50 PM
    I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
    Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
    If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
    My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
    Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.

    I dont think your issuse can be fixed even by attorney. You are not coming under any category to file Green Card. So prepare for yourself to go back and build your life back in canada.





    varshadas
    02-09 06:35 PM
    Hello All,
    Can you all please let me know where you all are wrt to contacting the Congressmen Rajeev and Shekhar, I haven't heard from you guys in a while.
    Where are you?

    Thanks,
    Varsha





    alex99
    03-17 09:37 AM
    Please vote in the poll.



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