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  • smuggymba
    09-10 06:05 PM
    smuggymba

    what happened to your earlier PD. I think it was in mid 2004 or so, correct?

    no sir, this is my first PERM ever. I used to work for a big 4 consulting firm and they only apply in Eb3 so moved to another American client company. Just filed 140 this week.





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  • shana04
    01-20 05:35 AM
    Friends,

    Just to educate you all.

    All Mexico border cities (from USA) require that you need to carry Passport all the times and it is mandatory. Even if you travel by Air, car, bus or train.


    If any one is planning to go to a border city especially around texas carry your passport and any legal Id (secondary). If not any border security patrol officer can stop and that is legal.

    This has been there for long time and if you have any friends especially close to border cities in Texas would know it, pls confirm.

    This is real info.

    Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

    On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

    On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

    One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

    I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

    Sir, are you a US citizen?

    I said, No

    Then, he asked me, can I see your immigration documents.

    I have shown my passport to the police officer.

    He looked at H1-B visa and I-94 and asked me; who do you work for?

    I said my employer�s name.

    Later, he gave me my passport back.

    Now,

    I have asked the Police Officer few questions

    1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?

    Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

    2. What would you have done to me, if I had failed to present my passport?

    Police office said, I could have DEPORTED you.

    3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

    Police office said, No. Technically, you must carry original documents at all times.

    I would advice you to carry Passport at all times.

    I did not know this until Police Officer told me about this LAW.

    P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.





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  • sugaur
    08-22 01:35 AM
    Do you even know what countries comprise the "Middle East"? Sounds like your knowldege of geography is as deep as that of the US immigration laws. A testament to canadian educations system.
    Majority of you canadians are descendents of cowards who sided with the brits during the American revolution. You come here breaking all immigration laws and have the audacity to suggest that you are better than us, who have been playing by the rules all along! Whatever our faults may be , we know and respect the laws of the country we hope to be citizens of one day.





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  • svr_76
    06-10 12:51 PM
    @hpandey : I dont think that this is any "racist" amendment. I think this amendment is more geared towards the perception that Microsoft (US) (and the simmilars) when firing ppl in US fire citizen and "hire" (H1B ppl immediately). I think if at all it needs improvement on what they mean by "same title" as within the same title people skills/trade would be different.



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  • bobbydalal
    08-21 04:32 PM
    luvchoclates ,
    Hi first of all hats off to u for what u doing for someone whom u r even not related. All i can say is its really hard for someof these pepole to b in ur shoes n do half not more of what u have done. All i can say is i know of a real top notch lawyer and who has got green card done for most of my employees and is really good at what she does. U can either email me at vaishconsulting@hotmail.com and ill give u her # and put in a word to her for u and go frm there.
    all the best





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  • laborchic
    09-19 10:51 AM
    We should change our name to Legal Immigration Voice..



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  • StarSun
    03-16 07:12 PM
    VA/DC/MD members, please host members from out of states. Contact sukhwinderd (private message) or send him an email.......... 2011carpool@gmail.com Lots of members are asking for hosts......

    VA and MD chapter leaders, please post this information in your state chapters, encourage people to open their homes to fellow members.





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  • unitednations
    12-22 02:42 PM
    I know many of my friends who were not paid in bench. All of them received green card without any problem. But only difference is they were in unpaid bench anywhere between 2 to 6 months. I do not know anyone who was in unpaid bench for 1 year or more. Most INS officiers are sympathic towards many violations. Recently one of my friend's wife forgot to renew H4 and she was Visa overstay for about 8 months. She applied change of status explainig the situation her H4 was extended with validity date from original expiry date.

    I do know a decent number of people who were on bench for a year or more.

    the problem is that people put in too much information when they file their cases. If you have small w2's or very little paystubs and you put it as part of your filing (either 140 or 485) then you are giving uscis a chance to examine them and raise a query because of it.

    usually uscis does want to examine whether a person maintained status. However; if the recent entry into usa was shortly before filing 485 then they very rarely bother asking for w2's. If it has come to their attention that you may have left the 140 employer (h1 transfer, sending in ac21 letter) or it has been a long time then they will ask for these things to assess your intention.

    Sometimes when people have very agregious cases/situations they are usually being protected in other ways such as 245k without knowing about it and their case gets approved.



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  • Ramba
    07-04 07:25 PM
    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.





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  • vandanaverdia
    09-12 08:35 PM
    Guys,

    Good to know the weather will be good, but even it is not, the spirit shouldnt die. I wish all realize this. I hope the weather is horrible and we all still make it to make the voice heard louder.,

    Sri..

    Hey sri: Are you hoping for horrible weather because you are not attending the rally??? Your public profile says you are not attending the rally????
    Come rain or shine... You should be with all of us in DC!!!

    GO IV!!!



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  • drirshad
    07-04 09:35 PM
    immigration-law.com

    07/04/2007: Status and Issues Involving July 2007 485 Fiasco

    * The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.

    #
    # We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:

    * Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.

    * Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
    o Answer I: Obviously it would violate the rules and the laws.
    o Answer II: It will constitue a serious security lapse, compromising the homeland security.
    * Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
    o Answer I: It is evident that the USCIS would violate the rules and the laws.
    o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.





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  • when
    02-20 03:47 PM
    When EB3 India........:(:confused:



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  • kutra
    03-05 09:07 PM
    Now is *exactly* the right time to buy a house (at least in California). The prices are not spiraling down (they've already hit bottom). The interest rates are low and prices are low.

    Best of luck trying to hold on to a falling knife. Here's some CA RE data for you to consider since you have so confidently predicted the bottom...
    - http://www.dqnews.com/
    - http://www.housingtracker.net/
    - http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm
    (http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm)

    Anyway, I am not getting into any argument about whether you are correct or wrong. As I said, best of luck buying a house at this *exact* moment. I only hope other CA residents (and everyone across the US) do their own research before buying a house. If this fits in with your risks, rewards, plans, finances, etc. then by all means, go for it.





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  • Green.Tech
    03-05 10:14 PM
    I always believed that everyone out here is atleast a grad with a degree. Isn't it what the minimum requirement for EB Category 3 ?

    Correct me if I am wrong.

    Undergraduate degree = Bachelors
    Graduate degree = Masters



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  • grinch
    03-14 02:55 PM
    I'm kind of dissapointed people are voting due to realistic proportions... I wanted people to vote on artistic show





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  • Libra
    06-13 10:33 AM
    Yaar JohnAmit.........they are making fun of those who are crying about cheap labor and immigration system....they created it for fun.

    I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.



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  • apt29
    11-11 04:38 PM
    Second step is requesting members to send electronic signature. Basically they have to scan thier signature and send JPG file.

    Will there be any privacy issues?


    VIN13 Posted Draft already in this thread for Comments. :)





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  • makemygc
    07-16 06:07 PM
    This is utter nonsense!!!

    Core team - > Please work on getting some sort of easy webfax put up so that we may effectively address such utter nonsense!! The link to the fax should be prominently displayed on the main page of IV!!!

    Guys,
    Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
    1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
    2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
    Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
    3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.

    Any other thoughts?..





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  • nixstor
    07-05 12:42 PM
    Just my $0.02:

    I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.

    >> Are you saying that we as a IV community do not have any responsibility for the funds or any other important issue excluding pin point specific personal situation questions? <<

    If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.

    >> Can you please be more specific about what kind of perspectives, idead , opinions that can be helpful to others ? The so called helpful perspectives lack hte basic perspective that this is a community effort and lets do our part. How many called a senator's office or a congress man's office? How many sent email to media? Those who will pay will always pay. Thats why we might never win, because a segment of IV community is not stronger than the whole IV community <<

    IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.

    >> Forcing? Are you serious? Would we work for some one for free? We are helping ourselves, working for ourselves. There is absolutely no sense of "ourselves" in your wording. Forcing?? You realized that every one is worried about it but dont do a jack about it. Instead of encouraging people to contribute, you are using terms like forcing. I filed my 485 myself and I have gotten a lot of help from people on IV. I dont understand how losing a bunch of people will be the biggest loss on the face of earth. <<

    Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.

    Thanks,
    Jayant

    Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.

    Jayant,

    I totally understand what you are saying. We have to streamline our energy and you can see a lot of people are hot right now. Do not consider my response as an intention to flame you. I am concerned that we are not going in the right direction. The media drive threads and the funding threads go out of the home page in one sec. Why? 3 or 4 people has to keep on bumping those threads. When will that stop?





    anilsal
    12-13 01:22 PM
    Having a FAQ with links to discussions held in the forums may be the answer.





    skd
    09-18 01:47 PM
    This is MUCH worse than Dot-Com bubble, As Dot-Com bubble was just for IT industry, this financial sector, Housing Sector, Insurence Sector. And obviously IT as IT is service industry for all these.
    So we don't know what will happen.

    It took 3-4 years to recover from dot com bubble........now this is the blast of financial industry so lets see how long it will take to recover....



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