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  • kumjay
    06-27 01:04 PM
    I would love to ask Lou Dobbs the same question!!

    Three facts, followed by one interpretation.

    First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.

    Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.

    Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.

    My interpretation:
    The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)





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  • illusions
    05-18 11:14 AM
    How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???

    If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.





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  • GC_1000Watt
    09-17 02:45 AM
    I am not sure about completeness and authenticity of the data, But i've found this perm data. Its Access database, where Country of chargeability is included too.

    FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)

    If everybody can search for their repective years of Labor and confirm the completeness of the data, then this will be very helpful for data crunchers. :)

    I could not find my labor details on the file. BTW what does the "CERTIFIED-EXPIRED" case-status mean?





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  • krish2005
    01-14 03:17 PM
    She says AILA is aware and very well understands all the repercussions of this on attorneys too. She will post back on their updates as and when she gets.

    Hope they will help us fight together.



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  • copsmart
    09-24 08:10 AM
    This is not fair and good idea. what about people waiting in line for years and invested their money elsewhere because of this green card delays or those who do not have enough money and job in this market situation. All of the sudden you are brining this idea. This is not fair. This is kind of buying green card. There is a investment based green card category available for that. I request you to go through that channel if you are rich. Not all employment based green card seekers are rich. Please keep that in mind.

    thanks,
    aps


    You are not buying Green Card, you are buying home which you will eventually buy at some point down the road.
    I agree with Nixstor�s idea and I fully support it.

    Even if the proposal doesn�t work, it would at least give some awareness to the lawmakers that expediting EB green cards would pump lot of money into this country�s economy. Plus, it�s a great selling point for representatives like Lofgren, who is trying to help us by defending 100s of amendments from anti-immigrants like King and Smith.

    Not all EB GC seekers are rich, but they are rich enough to afford for a home.
    So please refrain from posting negative comments.

    BTW, feel free to give me red or call me jacka## like some other coward did.





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  • ajthakur
    07-15 02:32 AM
    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.
    Also is it possible that 140 was revoked by my previous employer?
    Why did they send a RFE instead of NOID in my case?



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  • chanduv23
    09-26 01:47 PM
    US economy situation is alarming. I doubt they will consider any immigration related bill until financial crisis stablises.2009 will be the key.Economy has to stablise. If not anti immigrants will block any bill citing the economy as the reason. If unemployment increases every month then any immigration reform is distance possiblity.Illegal immigrants are is getting publicity every year by rally for past 4 years but nothing happened. Pro immigrants are trying to block E-verify and some other anti immigration reforms. Anti immigrants are trying to block pro immigrant reforms. So any immigration reforms will be stalled until some compromise reached by moderates

    How are you my friend, it has been a while since I seen you. Have you sent your emails yet?





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  • TeddyKoochu
    01-15 03:01 PM
    I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.

    More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?

    cinqsit

    In Para 1, I think you have answered your own dilemma. With due respect and regard to all nobody is a fan of consulting companies except for maybe themselves, but many good and well qualified people work for them for various reasons as some of the posters have summarized most important one being the Green card. The current memo is almost like a notice to gradually shut shop for them, it impacts not only the company but the employee and his / her family. If somebody has to return because of a re-definition of "Employer/Employee" then it�s a really bad thing to happen, in this case the ship will sink with all on board.

    In Para 2, I believe again you are right, low hanging fruits and easy soft targets are the first to be picked up. I think more enforcement would follow, I think it started with issuing RFE's for end client letters(This is a mandatory requirement now for consulting companies). You are correct in saying that the target audience might be the next level!

    The entire memo is disastrous for the entire immigrant community waiting for GC. Worst of are the people who have to file their extensions soon or have to travel.



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  • gc28262
    07-27 02:43 PM
    "..veracity of this statement"
    Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
    Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.

    I don't think it is legal to work in QXtar when you are on H1B. When you are an IBO ( Independent Business Owner), you are running your own business. I don't think that is allowed on H1B.

    Checking IRS doesn't make sense from an H1Bs perspective as IRS has got nothing to do with H1B laws. All they do is make sure you are paying your taxes.





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  • ns007
    04-28 10:18 PM
    From immigration-law.com

    04/28/2007: Labor Certification Substitution Elimination Final Rule Approved by OMB 04/27/2007

    The OMB approved this final rule. As soon as this rule is released, all those certified labor certification cases which have yet to be filed for substitution I-140 will be no good for substitution.



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  • poorslumdog
    08-15 09:55 PM
    You might want to read this warning to yourself. I am not a Muslim myself, but solely pointing to the obscureness of the system. Even Kamal Hassan payed a price for his name, it's high time this changes, and this routine harrasment is very comparable to the H1B experience at POE.

    I dont see any Harashment...They are not beating you. Just its extra verification. If you dont like that you are more than welcome not to come here. Everyday hundereds of people going this process and no one is crying foul and why only this time.?





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  • chanduv23
    02-13 10:26 AM
    I agree with some senior members when they say that no one individual will come forward for the lawsuit . And I ask why should they ??

    And I think, even if one single or 2-3 people do come forward it will not be possible.
    This is the reason we have forums like our IV so that all can come together and take a decisive step together .

    Who can stop IV to file a lawsuit USCIS ? NO ONE

    Many members went on blabbering about how long the process is and how expensive it is ... REMINDER if we can come together and collect upwards of 35k FOR "Lobbying Efforts" we can definitely collect funds for a lawsuit.

    Some one here rightly said ...If we are retrogessed and there is a queue ..Is it because of you or me NO it is due to the inefficiency of the USCIS.

    NO ROAD IS EASY IN THIS BATTLE..... AND ALL OPTIONS SHOULD BE EXPLORED

    Again , I want to reiterate , I think if IV core takes lead...hires a good attorney ....we will have funds for it....we have proved it in the past that IVians can contribute

    The issue is that people speak big here - but run away when asked to come forward. How do we trust 35K members who have tons of excuses for not doing anything for themsleves and blaming IV and questioning IVs credibility?



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  • chintu25
    02-13 11:00 AM
    The issue is that people speak big here - but run away when asked to come forward. How do we trust 35K members who have tons of excuses for not doing anything for themsleves and blaming IV and questioning IVs credibility?

    Also another point in your response that said ...how do we trust .....

    I ask do we have a choice ... to not trust.

    Trust is a strong word.

    IV is based on trust and common goals I think

    All the members on this forum have atleast some TRUST and Faith in IV otherwise they wouldnt be here .....Maybe they are fearful of coming out in the open but like I said I am sure they will unite to take action under the IV umbrella





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  • sbabunle
    04-29 12:31 PM
    That means---> Once the labor is approved you have to use it in 45 days.
    ie apply for 140 in 45 days or LC is expired...I'm glad they did not propose to file I485 in 45 days :D

    I think 45 days is too short. Since LC cannot replaced, it cannot be used for anyone else. So I dont understand why they need an expiry date too...At lease a LC should be valid for 6 months.

    But we have to wait and see what the final rule is. There may be some changes fromt he proposed rule.

    babu



    Can you anyone tell what the lines highlighted below in blue means ?

    ************************************************** ******

    RIN: 1205-AB42 Agenda Cycle: 200610

    Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity

    Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).

    ************************************************** *******
    i got the above info from the OMB website below -

    http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657



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  • maalelsi
    02-12 06:09 PM
    :DI just got home from work and logged in and I thought I was dreaming !!!!!
    My priority date is June 2003!!!!! I already have approved petition and AOS. When should I be expeting my GC in the mail considering no need to wait for FBI check any more ?





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  • syendu1
    01-14 04:32 PM
    Mr Syendu after replying to all abusers my mind has pretty much been fogged up. Contrary to oipinion i am also working while blogging so there is the added pressure.

    So now having read through your post (I appreciate no abuses) i get the jist of what you are saying so forgive me if i do not reply line by line so here is my answer

    EB1/EB2/EB3 rule was never disputed by me. That is law and will never chaange. i dont like it but i will go with what is the law.

    Yes i will NOT convert to EB2 because i have already spent time and energy for the first GC app. (In case any abuser is wondering the gc was paid by company so it is not the lack of funds or lack of companies willing to file for EB2 for me which is stopping me). Sure people are converting and all the best to them, but my point is what about people who cannot convert. Maybe someone has got 2 kids and single earner and he does not have the time or money to do a masters. Maybe some one is so tired working a job which is busting his or her ass off and has no energy to do that. If we think about it there are a whole lot of reasons why a person cannot do a masters. And to that complexities there are very few companies which are willing to sponser EB2 nowadays

    So my plain speak is that just because every member in IV has a masters and is in EB2 or can do masters and convert from EB3 to EB2 does not mean that the majority of people out there can do the same so IV members giving advises like below ar enot only impracticle but also broder on hig handedness. Their contention is that we did it why can you not. If you cannot you must be a low skilled person who has scrapped through into the country and deserves to wait a long time for a visa.

    Please remember that EB2 or EB3 is not a straighjacket and theri are people in both the groups who do not belong there and belong in the other group


    Just for information i do have a masters

    Visa recapture and not counting the dependents will help the immigration community only if it happens. I see nothing on the horizon which says that it will happen. As another iV member pointed out no immigration friendly bill has come for debate in the last 4 years and that is with a democratic majority which is immigration friendly as some IV members like to point out. So with such a situation piece meal efforts must be made but piece meal efforst should be directed to the heavily retorgressed community because teh big bills if and hwne they happen will fololow teh regular rule anyway

    And finally i would like to say you have been most polite and respectfull and i am honoured to discuss thiongs with you

    JAI HIND

    well, the people who are in eb3 and cannot do anything about it, for reasons that you quoted, i agree, it is a pity. but, you know what, "life is not fair".

    it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.

    and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.

    i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).

    what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.

    Jai Hind



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  • logiclife
    06-28 07:37 PM
    I think the folks who decided to file on their own are clearly the winners here because they have complete control over when the AOS gets filed. Folks like me who decided to go with the company law firm are clearly the biggest losers here because with all the added work load, the law firms are in complete disarray and can not guarantee anything about when the cases will be filed. The company law firm I am dealing with is in so much disarray that they have stopped taking phone calls and they wouldn’t even talk to me on the phone.

    I have submitted all documents and filled out all their forms a while ago and I still haven't heard a word from them about whether they have received all the documents and when do they expect to file my case. Yet this is the law firm that probably charges 400 bucks an hour.

    Like logiclife said, I wish I would have done it myself. Well .. too late now :(

    I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".

    I bet they will come back with the former conclusion.

    Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.





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  • deelip
    07-04 11:34 AM
    I am writing this letter to Mr Obama who is front runner for President's office in next year election. I tried to be simple and direct. Pls let me know if you have any suggestions. I will also talk to his office tomorrow. Pls let me know if you find anything irrelevant.

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

    Dear Senator,
    I am legal resident alien working in USA on H1B Visa. I am waiting in queue for my Green Card.

    The way process works is my employer applies for Labor certification. Once it is approved by Department of Labor I file for I-140 and I-485 which is last step to adjustment of status and gives me Green Card. I rely on Department of State (DOS) for visa dates to file I-485. When I move to this stage, I bear expenses close to $3000 for completing application process itself.

    Recently on 13 June 2007, DOS issued Visa Bulletin (VB) stating that all visa dates are current for (almost) all employment based immigrant categories. Since this is the only information me and my employer rely to start application for I-485, we started the process. We collected all documents, took medical examinations, paid attorney fees and got the document ready to be sent over, as was expected by DOS and USCIS as part of the process. I am not going into details of the hard works, sleepless nights, leaves from work and expenses as part of this effort.

    When my employer was about to send this package to USCIS, DOS came out with revised Visa Bulletin. In this they revised the earlier Visa date availability. USCIS followed the suit and decided to reject all applications, which they by their 13 June 2007 proclamations were ready to accept. This might be trivial thing for DOS and USCIS but not for me and thousands like me. This action of USCIS has no precedence. That is against its (USCIS) regular processes and guidelines and smacks of disrespect for its own procedures, guidelines and we immigrants, who rely on it.

    This is not just emotional trauma for me and my fellow immigrants but a major financial loss worth $3000/per person applying.

    In the end, my question to US Congressmen, USCIS and DOS is who is looking at impact to us? Were we wrong when we followed DOS Visa Bulletin on 13 June 2007? If not, why we should bear the financial and other losses? We are legal, law abiding residents. Does being good residents make our trials and tribulations meaningless and irrelevant for laws and departments of USA? To me it sounds unfair and unjust. Please let me know your thoughts and what you can do to alleviate my trust on American Immigration System and Departments devoted for that.

    Dear Senator,
    I look upon you as Future President of United States of America and will be very glad to receive your reply on this issue.


    Thanking you,


    Yours sincerely,



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

    thank you guys and keep up your efforts without losing your cool and of course without losing your hopes.





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  • vjkypally
    09-17 04:00 PM
    October bulletin has already moved to Jan22'2005. From other tracking sites there are not too many Feb'2005 applications. But we have plenty of March 2005 applicants. Once it crosses March it will zoom ahead to end of 2005.

    But it could be September 2010 by the time it comes to March,2005.





    ganguteli
    06-02 04:14 PM
    If i had the time and money , to do it , I wont be appealing to IV to do it.
    I would have done it by now, and not requesting a team effort.
    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.





    atlfp
    07-25 09:28 AM
    While many people are trying to get the system fixed, sometimes it might just be very much worth it to abandom the ship, if the ship is no good, just let it sink. There are other ships out on the ocean.


    Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.

    I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.

    I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.



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