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  • Lasantha
    12-14 04:48 PM
    I did not mean sector. I was refering to his statement about people from one country monopolizing the visas.

    I am sorry but I still cannot see how a 7% per country upper limit criteria allows any one sector (say IT) from monopolizing all the available visas





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  • angelfire76
    06-02 05:59 PM
    This is what I am trying to tell you.
    Nobody will do it. Because we all are scared of risking our name added in the lawsuit against USCIS. We will all talk about filing lawsuit but cannot really do it.

    How those Indian guys over in the UK filed their lawsuit against UK immigration changing it's rules without notice? I think they filed a public litigation against the government.





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  • rajeshalex
    07-08 10:01 AM
    Thank You Samay !!

    I was in US from 2000 to 2001 on h1b.(first h1 approval)
    Went to india and worked there from 2001 to 2006
    On new H1 came to US on 2006
    I didnt had the H1b approval copy of first h1 approval(2000 -2001) when I applied for 140. I submitted
    only the current one which is from 2006. My 140 is not yet approved.
    So I would like to make sure whether h1b approval notice copy during 2000 to 2001 was needed/
    will be needed in future.I had submitted 140 during July 07.

    Is it needed for any 140 RFE or 485 level ?

    Good Day !
    Rajesh

    Quote:
    Originally Posted by rajeshalex
    Hello,

    Could you tell at 140 level does a candidate needs to submit all the previous
    H1 Approval notices.

    I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009

    Rajesh

    Hello

    We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
    __________________





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  • sidbee
    06-02 04:07 PM
    Why can't you find and talk to a good lawyer and spend your own money on consultation. We will know you are serious about it.

    Ohhh, i didnt know Ganguteli = IV



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  • samay
    08-25 03:01 PM
    Hello Sir/Madam,

    Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.

    Regards
    Vijay

    p.s I have already responded to the RFE with 2 color photos.

    Its enough that you have responded the RFe and sent the photos.





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  • nixstor
    09-23 11:42 AM
    I just emailed all of them with my name, address and phone number. Atleast 13 of them bounced. Can some one correct the email addresses in that sheet.

    Thanks for sending.

    send me a PM with addresses that bounced. I will update the list.



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  • dvb123
    02-14 03:00 PM
    Since the lawsuit is about the getting the lost visa numbers it will be a good case.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

    The law does not mention anywhere that u cannot recapture numbers.





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  • kumarc123
    07-23 01:38 PM
    According to my analysis based on recipted/pending I-485 they processed some 80-90K (estimated range) EB I-485 applications which 57/65% of 140k by April 2008.

    May month usage was very low, i feel June/July not to bump too much so another 20k cases. We should still have FB rollover from 07 (31K) + another 10k visa in the pool for Aug/Sept visa.

    I agree, I read all the posts and went through some figures myself, the indication is that dates for EB2 will move much faster that we had all anticipated in the past. I do somewhere agree with my friend vldrao that dates could retrogress for a small period of time (say 1 month), but eventually dates will become current soon.


    Thanks:)



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  • sanjay
    10-15 03:50 PM
    proengineer why did you create a new profile to post this?
    Why are you marketing a lawyer?

    Atleast he had something to tell. He might had spent atleast half an hour or more to get these numbers.

    And I think that who ever is on IV for sometime knows about Ron, Gerg, murty and OH . So what's the big deal ?





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  • lazycis
    02-14 09:19 AM
    There are 71 people who have voted for a class action lawsuit.

    Has anyone of them contacted Rajiv Khnanna and spent their own $600 and got an anwer? NO.

    This is because nobody is serious about this. Everyone wants the other person to spend their money and time. They will only spend their time in writing posts.

    I oppose this idea for number of reasons. Firstly people will not become plantiffs. They are scared. USCIS will scruitanize their applications more than anyone. Secondly people will not donate money in thousands of dollars each for it. Unless you can get hundred thousand dollars and above, you cannot go into a class action lawsuit. Thirdly nobody will go and travel on their own money and testify. Forthly, nobody will spend time helping lawyers prepare cases and research. Forthly, class action lawsuits take time and people will disappear after a while. Fifthly nobody will be willing to lead this effort. They will just dump it on IV to lead it and have core spend their time and money into it for them. Sixthly if this fail, they will blame IV for wasting the money and failing in the effort. Seventhly we do not want greencards that bad. If we wanted greencards that bad we all would have written more than 20 thousand letters till now. We should only try to bite as much as we can chew. This is just an overambitious plan and looks good in a post.

    Thus I oppose this idea.

    internet,
    You cannot speak on behalf of other persons. Speak for yourself. Even though I have a GC, I am willing to contribute (monetary, reviewing lawyers briefs, doing legal research). I will not be able to participate as plaintiff as I have a GC.



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  • meridiani.planum
    09-23 04:58 PM
    I second that. I am waiting for my GC before I make such a huge commitment to this country.

    Exactly, but what if they give you GC immediately if you buy a house? Win-win for both you and the government.





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  • eager_immi
    07-16 10:20 AM
    When your emplyer waits to file your GC in the last day of your 5th year in the fear that you will leave them DOES THAT NOT PROVE TO YOU THAT THEY R DESPERATE. Which employer in the right sense would do that if they did not want you. Especially when you are making 150K per annum there must be a reason, and it cannot be the mere laywer fee of 5K. This has been done by fortune 500 company and I am not talking about indian consulting firm. So please stop advocating what u are preaching you may have a different story but not everything fits into it like a cookie cutter!!!

    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.



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  • tikka
    07-04 09:11 AM
    Originally Posted by Macaca ( add ons from forum in red)
    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    Introduction
    Retrogression in GC process.
    What happened
    � USCIS announced at the time the forms were due.
    � Applicants started filling forms 2-3 weeks before July 2.
    � Applicants changed their schedules to submit forms.
    Advantages of EAD + AP
    Don't know all!
    � Travel without visa -> saves Embassy overhead.
    � Spouse can work.
    � Can switch job.
    Why does it hurt
    � Medical will not be valid after 1 year.
    � Rejected June filers can not file.
    � June filers did not file because they thought they will file in July.
    � Fees more then doubling
    � Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    � Load balancing for USCIS.
    � USCIS which is supported 90% by application fee needs to care for applicants.
    � Very little chance of legislative relief for a looong time.

    � Many had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH.

    � Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.

    The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt
     Age out situations with children
     Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to adjudicate the I485.

    I have that very situation. My son turn 21 in mid-January 2008. The original July brought great relief from years of worrying about whether our PD would become "current" in time. We scrambled to get ready to file 2nd July, only to have everything collapse around us again

    Hope the info clarifies the "age out" situation!
     For "Spouse can work" we might want to word it such that it just does not look like one job less for Americans. Something like spouse can exercise the freedom to get out of the house and contribute to the American economy.





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  • tempgc
    09-14 03:21 PM
    1. I-140 premium processing will increase ROW applications

    Its next to impossible to get approval of EB2 PERM and 140 in the current situation.

    2. 29 months opt is causing ROW applicants to bypass
    H1-B and go for GC directly
    I doubt validity of this stmt

    5. Perm was introduced in early 2005 and lot of EB2 applications labors were approved in 2005
    .
    Its only 2655 for EB2I in 2005 PERM.



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  • mallu
    02-15 04:41 PM
    ....

    The story is different for EB immigrants. Their eligibility does not expire. That's why it's possibile to recapture numbers from the previous years.


    So, my sending letter to pres. Bush to recapture unused visas is not a waste.





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  • thomachan72
    01-13 01:46 PM
    Long 19 page memo - but loud and clear for many scenarios -
    http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf

    This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).

    Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.

    This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.

    Wish the best for all affected folks.
    Pray and hope the GC dream is realized faster for all.

    Best Wishes

    Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.



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  • Kushal
    07-27 05:46 PM
    I think Kushal went to check which 1099 form to fill.... looks like platinum- amway joker told him only the 1st four digits.

    I want some Amway Joker to say that they don't do this kind of cheap and dirty things...... if you make so much money then why bother others.

    Run from who?...you? I will see who runs from who? :)
    Sorry to hear that someone lied to you, and it totally shows that person's integrity. But its nothing to do with Amway. Amway never told them to pick u up and take you to the meeting. It was his wrong decision. Probably they are not in business today either.

    My platinum is US army Airborne division...SERVING his country. You saying something?
    Sounds like you know something he doesn't know. Probably he or I should have checked from you.





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  • logiclife
    12-31 07:17 PM
    US news has covered a book by David Heenan -- "Flight Capital" that essentially deals with the fact that high powered immigrants are leaving this country -- for whatever reason -- and how its bad for America. BAD FOR AMERICA. forget about it being bad of GC aspirants. ITS BAD FOR AMERICA. And we have one of america's own high powered former CEO saying that

    http://www.flight-capital.com/

    This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.

    This is an independent non-partisan source who can be quoted in our cause.





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  • BharatPremi
    12-13 09:40 PM
    As you use the phrase Check Mate....

    Chess is all about thinking strategically several moves ahead.
    Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.

    The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.

    Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.

    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.


    I would rather negotiate than fight, I would rather lobby than court challenge.

    So yes, check mate, if we follow this route.
    Alternatively, a British phase: Royally screwed!

    It make sense to use the wisdom tooth and be practical. But even with lobbying we will still have cat (Anti's)... no way to bell it?





    eb3_nepa
    10-23 04:17 PM
    eb3_nepa, some people have the special ability to create business opportunities when others see none. E.g. Do you think a job at a primary school can be sold? Think again. You have to buy it in India. Another example... have you been to the Empire state building? For $12 you can wait in line for ~4 hours and enjoy the view after that. But for $40 you can go straight to the top. With labor sub its the same deal. Your company has an approved labor, there are 5 suckers who would otherwise wait 10 years in the GC line. They all do a great job of Java programming that you need your prospective employee to do. How do you decide which one to hire?

    For some companies its easy.. they select the one who pays them a premium.

    To your other question... no you cannot transfer approved labor to other company... so if you want to be in this business of labor subs, you have to go through the pains of labor before being able to sell one...

    Some smart people have figured another great business. They go through the labor pains once and then clone the labor certs (hint: color copier)... those visionaries sometimes end up behind bars...



    Thanks for the reply Amoljak,

    Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?

    Thanks





    Macaca
    01-28 09:11 AM
    This info is useful to novices for survival. Like many other postings, I had never heard about it.

    I feel the legislators are aware of these issues. These are the reasons our bill is having trouble. It is useful to be aware of them and see how we can counteract them in legislation.



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