Wednesday, June 15, 2011

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  • ek_bechara
    10-15 03:11 PM
    You have difference of opinion and I respect that. What you are underestimating is power of peaceful protest. One more thing, pardon me on this but I hardly understood anything where you are going in second paragraph.

    Let me clear a misconception for you. It is not a peaceful protest because USCIS will not know why and for what reason you are sending the flowers. Even if it did - you need to realize that the entire system needs a fix and I will say this one more time, FLOWERS are going to change jack-shit.

    Take productive things to the table to discuss. Let me give you a few pointers

    1) Rope in folks such as Vinod Khosla and Indra Nooyi to talk for us
    2) Differentiate ourselves from illegal immigrants
    3) Statistics such as taxes paid, contribution to economy, etc will help
    4) Ability to purchase homes, start business, and create jobs
    5) For the sizeable population we are, involvement in crime is minimal
    6) Peace loving people who want to live in this county and contribute towards its growth.

    So for heavens sake, stop this nonsensical flower campaign. You will only piss off the folks at USCIS. Last time the flowers were re-routed to the nearby V.A hospital. This time will be no different.

    In management when things dont get done at one level what do you do? You go one level above and deal with higher-ups, make your case, and usually the outcome is that the person at your level who is butting heads with you will accept what you are saying because his boss asked him to shut up and do what you are asking.

    We can keep barking up the wrong tree or just circumvent USCIS and take the higher up route. For that we need representation in the corridors of power.

    Whatever I'm saying will not make much sense. So forget it. Go ahead with the flower campaign. All the best.





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  • thomachan72
    05-26 05:00 PM
    The point, like ACLU said, is : People should not be stopped/searched/questioned for no reason. It must be done only in response to a suspicious activity.

    This treatment of non-citizens vs. citizens is similar to black people not allowed to sit in the front seats. Just a new form of profiling.
    I completely agree. This is supposed to be the most advance nation on earth. If we show the drivers lisense and give them the social security number, shouldn't they be able to see whether we are legal or not? Carrying the I-94 is a possibility but it is not a picture ID. I am sure they will ask for passport if you only have the I-94. Now if I am required to carry my passport all the time that becomes a real pain particularly if we are on H1/L1 and present for quite a long time. I understand such requirements for B1/B2 who dont establish residence and are either in a hotel / somebody elses apartment. The bottom line is, "times are bad and they are looking for somebody to direct all their anger and unfortunately it is us that they have chosen". I still dont understand the logic behind this. Americans hate people comming here to work but appreciate people staying in their own country and producing cheap goods to be marketted here. There is also this quite ridiculous situation with the drivers lisense, right? most states we have to retake the whole damn test, yes computer and the acutal driving test, each year when we renew the H1b!! Interesting way the past immigrants treat the future immigrants!!





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  • mikekanna
    03-16 03:38 PM
    EB1 - MNC Executive clause from the DOS Website
    ==============================
    Certain executives and managers who have been employed
    at least one of the three preceding years by the
    overseas affiliate, parent, subsidiary, or branch of
    the U.S. employer. The applicant must be coming to
    work in a managerial or executive capacity. No labor
    certification is required for this classification, but
    the prospective employer must provide a job offer and
    file a petition with the USCIS.

    Q1) Can an H1-B visa holder apply under this category if all other conditions are satisfied?

    Q2) Can the clause "Atleast 1 of the 3 preceding years" be
    interpreted as "Atleast 365 days in the past 3 years" if all other conditions are satisfied?

    The statement does not talk about 1 full year or 1 continuous year. Also if a person's job needs him to travel to the US for a week or so every year for business before completion of 1 year in an overseas country for the same orgn/subsidiary, he would never satisfy the criteria of completing 1 year.

    Pls. let me know if anyone has responded to such a situation.

    Thanks.





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  • chanduv23
    09-26 11:44 AM
    I sent an email to her now.

    Thanks Murali - we must stay on top of this



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  • paritp
    07-18 05:42 PM
    /\/\/\/\/\/\/\/\/\





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  • ewana
    08-26 12:11 AM
    Thanks willigetagc and sayantan76 for your reply.

    According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?

    willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?

    H1B is probably the last option due to low probability of success and I would probably be out of status by that time.

    Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.

    Thanks a lot for all your help. greatly appreciate it.



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  • Mr. Brown
    03-10 04:29 PM
    Hello,
    I strongly suggest that we focus our time and efforts on a single and achievable target in this calendar year 2009.
    Recapturing unused visa numbers from the last two decades would help us eliminate the retrogression issue. Other changes like Comprehensive Immigration Reform, Eliminating per country limits etc would require a leap of faith in the political process and it is unlikely to be achieved in this calendar year. The economy, unemployment rates, health care etc are bound to dominate the legislative agenda this year.

    I suggest writing a petition or letter to the White House and the administrative offices strongly urging them to recapture the unused visa numbers.
    I think we should follow the KISS ("Keep it Simple, Stupid") Principle to achieve this target.
    If we add any other immigration provisions, it would increase the complexity of the legislation and it is bound to fail.
    Could the administrators of this forum please consider my suggestion of focusing on recapturing the visa numbers and assign this task the highest priority.

    By re-capturing the visa numbers, we are not asking for any change in the immigration laws. We are simply asking to use the visa numbers that had been lost due to inefficient processing by the USCIS.

    Let us start preparing a petition and create a dedicated fund to achieve this goal of visa number recapturing.

    Thank you.
    Great thought about being focussed on one topic that doesn't even need a "reform"!Simplest solution to the retrogression problem I have heard so far.





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  • prioritydate
    09-20 10:08 AM
    These stories are scary


    http://news.yahoo.com/s/ap/20080918/ap_on_bi_ge/ny_economy_4




    By MICHAEL GORMLEY, Associated Press Writer Thu Sep 18, 1:03 PM ET

    ALBANY, N.Y. - A new projection shows Wall Street's meltdown will likely cost New York state up to 40,000 private sector jobs and $3 billion in tax revenues over the next two years, two state officials said Thursday.
    ADVERTISEMENT

    The revised numbers in the snapshot of worst case estimates was done Wednesday at the highest levels of New York's state government.

    The projection is worse than Gov. David Paterson predicted just Tuesday when he said the state could lose some $1 billion in revenue because of upheaval in the financial sector.

    Wall Street is a major economic force in New York state, generating one-fifth of the state's revenues each year.

    The officials spoke on condition of anonymity because they weren't authorized to comment on the fiscal analysis.

    Both hits would be substantial. The total New York state budget including federal funds is about $120 billion, and the state has about 7.25 million private-sector jobs.

    State officials used the model of the fiscal damage to New York after the Sept. 11, 2001, terrorist attacks. Then, Gov. George Pataki said it was the worst financial hit to New York since the Great Depression 70 years earlier.

    The new analysis includes the stock market drop, lost revenue from transactions and projected lost income tax revenue from Wall Street jobs.

    Three of the five major U.S. investment banks � Bear Stearns, Lehman Brothers and Merrill Lynch � have either gone out of business or been driven into the arms of another bank. The two remaining banks, Goldman Sachs Group Inc. and Morgan Stanley, are under siege.

    Oh man! that is really scary.



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  • uma001
    07-29 01:31 PM
    Given the unemployment rate and also the current market condition, it is not really favorable for starting a Green Card process (Labor/PERM) if you belong to one of the field, where there are adequate number of people already available. The recent economic conditions has flooded the market with many people who might qualify, as the requirement is to accept any US Citizen/Perm Resident, if one has the minimum qualification, even if you do not have all that is requested for. Future GC holder might like this provision after GC !!

    In that case, employers should mention the following in the offer letter

    " In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

    This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
    Can these companies do this????





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  • EB2IndianGC
    09-23 01:48 PM
    We got approval email for myself + spouse and daughter today. I had waited for this since 2002. :)
    Your Case Status: Card/ Document Production

    On September 23, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.


    This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

    If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.

    Congratulations on your GC approval. Do you know how long it generally takes after responding to a RFE to see change in your status?



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  • thomachan72
    11-11 03:59 PM
    I am surprised that this thread is still active. Usually by this time somebody from the core group puts a statement and that usually closes the discussion. I am sure this will happen soon since atleast a few posters have been requesting asistance from Pappu regarding this issue. I am just waiting for that post to come...dont know when. Hey pappu why are you taking so long......why dont you post and tell all our friends who are currently so emotional about the reality of pursuing the legal option...





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  • desi3933
    05-26 05:12 PM
    I wonder what are the required documents for America born citizens if they don't have passports. Just a driver license? or they have to carry birth certificates always?

    The requirement for US citizen - oral declaration. That is right, when someone says that he/she is US citizen or US national, the burden is on authorities to prove otherwise.

    ______________________
    US citizen of Indian origin



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  • bigboy007
    06-11 04:34 PM
    Why are Harkin and Sanders supporting this bill. They are both children of immigrants. They need to understand the struggle their parents went through.
    There were many instances where IV tried to reach out to them, They are doing this not because they are ignorant. They are aware of the outcomes but their vision is narrowed.





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  • bank_king2003
    02-09 10:32 AM
    I am tempted to think the same way ... although I am not sure.

    By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.

    i guess he is talking about your case a)...

    although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....



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  • pointlesswait
    11-13 11:48 AM
    when was the last time you won a legal battel in 2 weeks/months/years time?

    By the time this is ruled in our favor.. i am sure the CIR will be a reality...;-)

    BTW... immigration policy is purely optional... US can do away with it..and you will have no say abt it.

    I think instead of wasting time/money/effort on such an agenda...we must seek more realistic and practical short term solutions and BUT pursue our long term goal of CIR....

    some of these short term policies can be:

    a.) simultaneous filing of 140/485...
    b.) 5 yr ead..without restrictions.
    c.) add to the list..


    IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.

    like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.

    So i think we should pursue alternate reliefs with immediate effect.

    just my 2cents.





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  • jcmenon
    07-24 02:49 PM
    jc menon...have u ever taken a law class? - No
    do u have a jd? - No
    why are u then so adamant on thinking u "found" the loophole? - I am not saying I found a loophole

    we are not stupid morons over here. - You guies are intelligent and more proactive and more intelligent than us, that is why we are trying to find out some solution out here.
    Neither is the AILA/millions of lawyers that are associated with immigration law. - Attorneys are here for a purpose, it is their living their bread and butter, they are of no one, If you spend money they can fight loosing battle for ages.

    Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog. - I am not a conspiracy theorist, but you seem to be loosing your cool.

    there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.

    No question is moronic, at least we get a reply for a question, if IV do not want to pursue this, that is another story.



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  • kumarc123
    02-12 02:43 PM
    I am the one who asked him that question. And you can see he doesn't have any proof.


    The million dollor question is,

    what are we going to do about it?
    What is IV going to do?


    I am proposing a rally and hiring a lawyer to file a case. We group of people can hire Ron Gotcher or any other good lawyer to file a case. I am ready to give some money. But not to IV, as they have ignored all are comments and not done anything in recent months.

    No rally, No public initiative.





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  • ita
    01-31 12:24 PM
    desi3933,

    Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:

    From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
    There is nothing like out of status thing from the time we apply for 485.

    But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.

    My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
    Will the W2 be sufficient or do we have to show our monthly pay stubs.
    You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?

    I would highly appreciate response.Thank you.





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  • gccovet
    02-19 01:09 PM
    That's exactly what I wanted to ask! How on earth are they going to prove a presence?

    1. Drivers license (that only shows the date they started)
    2. Utility bills (is that possible?)
    3. Bank statements (I'm not sure if undocumented ones get accounts)
    4. Employment proof (right...)
    5. Real estate titles

    I'm not saying they can't, but trying to think how...


    IRS accepts illegals to file IRS Tax returns. Many of the illegals do that (they use ITIN #'s instead of SS#).

    http://www.nytimes.com/2007/04/16/nyregion/16immig.html
    http://www.associatedcontent.com/article/216870/illegal_immigrants_file_tax_returns.html

    GCCovet





    Beemar
    01-18 02:45 AM
    I have a slightly off track question. Can the creator of this thread, and other guys who also said they got laid off too, name their companies. I am just curious to know which companies are going through downsizing.





    nixstor
    10-15 05:13 PM
    So if I need a copy of my LCA/I-140, and I file a FOIA request, does that go in a different queue ?

    You need your LCA you file FOIA with Department of Labor. NOT USCIS

    There are many threads that discuss how to file FOIA to get LCA/Job Description on your permanent labor certification. Please search the forums. Lets NOT digress from the main topic here.

    You need your original I-140 application filed on your behalf. File form G-884 with USCIS.



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