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  • looivy
    07-21 02:16 PM
    First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).

    I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,

    IV Id----------------Week of Contact-------------------Any update
    Sanhari --------------- July 12 2010 --------------- Automated email response

    Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....

    Looivy --------------- July 16 2010 (Jan Schakowsky) --------------- Automated email response
    Looivy --------------- June 11 2010 (Burris) to oppose Sanders --------------- Automated email response
    Looivy --------------- June 11 2010 (Durbin) to oppose Sanders --------------- He wants to reform H1 and L1 through his own Bill.

    It would be better if we have a tracker database on IV website o/w this thread will grow madly.




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  • kg318
    04-22 05:13 PM
    As far as I know this is a genuine company and not a typical small desi company.
    Did you sign some paper saying that you will reimburse the GC costs if you leave the company? If it was signed before the GC process started then it is not against the law that the company is holding back the $4K. This is a big company and I don't think the $4k matters to them much.

    As far as experience letter, they have to give it.

    Also, sometimes we get mad at the company even though its our own mistake. So, before filling anything with the labor department, make sure you have not signed the papers. By reporting them you are basically giving trouble to others who are in GC process through them.

    i haven't signed anything related to GC filing. even it came as a surprise to me that the company is making such a big fuss for the matter of $4000. And recently came to know that its not just me but there are several other consultants being harassed by them upon leaving the company. Even after years of working with them, they still want to have them hooked and are depriving the cosultants of better living. how justified is that????




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  • paskal
    07-10 05:36 PM
    If you ordered your flowers through FTD, can you check your status and let me know which delivery company (UPS, Fedex etc) they are using for your order and what is the status of your order?




    p




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  • unitednations
    03-08 10:07 PM
    This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
    Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
    But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????


    On other hand

    Let me give you a story:

    On one of my teams; there was a super star supervisor. He was accused of having inappropriate e-mails.

    HR wanted him fired and opened up a big investigation. His manager comes to me and tells me that we have to do everything possible to save him as he is a very key person and irreplaceable.

    I went upto HR with my boss to tell them that this particular person could not be fired under any circumstance and that we should let this indiscretion go.

    They should be and my boss the e-mails. The e-mails basically were so male chaveunistic and racist. I probably had sent these types of funny jokes in my career and so had my boss and probably so have all of us. We didn't think it was a big deal when taken in context but we had to risk our own credibility and fight with HR to save him. In the process of doing so; we would have lost our credibility with the evidence against him. Even if we fought it; we would have still lost but it would have stained our reputation with HR area by trying to fight for this guy.

    Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.

    Take my example of adopting newphew. As I said this isn't the only case; when they start seeing that number of people from India is due to many causes (arranged marriage and adding dependents always from India after they arrive here; staffing companies, h-1b violations, etc, etc.,); the circumstances are not on your side. This is the fourth recession I am living through in this country. In just about each one; immigrants bore a dispropritanate share of blame for the countries ills.



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  • cleopatra
    02-14 07:27 AM
    Donated $100 for the event.




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  • satishku_2000
    07-08 04:47 PM
    In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.

    He is a congressman from Colorado .



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  • sledge_hammer
    02-12 02:31 PM
    You are missing the point here again and taking whatever I said out of context!

    Read the OP's issue again. She never said that she did not understand the laws fully. In fact both her and her desi consulting company know the immigration laws too well and have found loopholes to take advantage of it, which is morally wrong. Now tell me if it is wrong when I say this; If you know you are going out of status because you do not have a job, and you still do not change your status back to H4 in the hopes that you'll eventually land a job, then you have no right to stay in this country.

    Please refrain from bringing in the refugees, their struggle and hardships and try to dilute what I have been saying in this entire thread!

    Sledge_Hammer - You are so shallow in your thinking!

    Every rule in this world has a human aspect. I urge you to grow up. Immigration rules in this country are so complex that even lawyers conflict with each other. We are simple human beings and most of the time we do not fully understand the law. Yes, it does not give us the authority to break the law, however, there are times when you become "out of status" by just sitting at home. There are times when you become victim of situation. I have 1000s of refugees in my city who flee Yugoslavia/Bosnia during ethnic cleansing/genocide of 1990s. US working with UN gave them refugee status and most of them have green cards now. Some of them lost sons, some of them lost fathers and they all have stories to tell. Do I go there with my MS/BS degree and tell them that I was in the line before and I should have gotten the GC before them? No! Do I curse the system for that? No! When countries fall apart and when morality/humanity hits the rock bottom, rules, status go right out of the window.

    Please do not be so harsh on forums.


    I do not have anything personal against you but there are times when you are very harsh on individuals and that changes the whole course of discussion.




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  • simple1
    05-04 10:39 PM
    22CFR 42.32 is not INA.
    22CFR 42.32 is not the law.
    INA is the law.


    See the post of "vbkris77".

    The specific law is at: 22CFR 42.32
    (http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)

    And it specifically states that the derivative is entitled to same "classification".

    =======
    (2) Entitlement to derivative status.
    .......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
    =======



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  • looivy
    09-14 02:26 AM
    Immi_Seeker,

    I absolutely agree with you. One of my cousin is unfortunately suffering in EB3 for years he is a MS and working for over 10 years, he has been trying to port to EB2...but his attorney flatly refused on grounds that the company doesn't need a advanced degree applicant for that position and they can't justify the same to USCIS and invite scrutiny especially in this economy.

    Ofcourse porting is blessing for lawyers and it means greenbacks for them the more the better.

    SoP

    I am in the same boat. MS + 9 years. But my application is rotting in EB-3 since 2004. As I have said before, if EB3 does not mobilize then the only option is to rot for another 4-5 years.




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  • chanduv23
    07-08 09:56 AM
    There are laws in place, already, for discrimination against applicant having proper work authorization.

    If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.

    Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.

    There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.



    _________________
    Not a legal advice.

    desi - the reason we face all these issues is not because of anyone's fault.
    Reporting an employer is not as easy as it sounds.
    The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
    The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.

    The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.

    It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.

    People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".

    One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".

    Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.

    Just imagine what is this person's situation for no fault of his?

    We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......



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  • desi3933
    07-09 12:24 PM
    Section 245.1 (g)

    (g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
    245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.


    [Emphasis added for clarity]



    ______________________
    Not a legal advice.[/QUOTE]




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  • crazy_gc
    06-09 06:37 AM
    got receipt notice dated 6th of june for 140 premium processing and got call from employer on 8th of june evening saying the case has been approved. approved in less than 3 days.



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  • eastindia
    09-25 09:19 PM
    & this'll be the result

    Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/1/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)

    Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/2/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)
    I am enraged.

    We Indians deserve to be waiting forever without Greencard.

    This is why EB3 Indiots will be waiting forever for their greencard. We Indians come to USA and still behave like the pictures in these links. We throw sh** on the forum and criticize each other. As long as Indians fight with each no bill will ever come. Indiots are to be blamed for waiting forever. Do not blame Amercia. We brought dirt from India and still live in it on this forum. Its pathetic.




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  • nick
    08-21 06:24 PM
    EB3/PD-Nov'2004/I-140 Approved.
    I-485 - Sent July5th.
    RD - ?
    AD -?



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  • pralog
    04-24 08:50 PM
    My heart never felt this heavy before..
    May he rest in peace
    God bless his family..




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  • greenrohit
    11-18 07:24 PM
    Done!



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  • purgan
    12-10 09:44 AM
    All the appropriations bill will be dealt by the new Democratic Congress in Jan-Feb (CR expires Feb 15). Immigratio Relief provisions can be attached to these bills...i believe there is widespread support for these among both Democrats and most Republicans




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  • twinbrothers
    07-06 06:47 PM
    Can we have similar protest in DC coinciding with the west coast one ?Any takers ???? This should be done may be next sat/sun before the issues goes back into the hoistory

    Anyone planning to organise the protest should know that we have proper permission for public gathering.




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  • sledge_hammer
    02-12 02:55 PM
    So both you and the other guy "qasleuth" have decided not to present any real reasons or arguments to support why I should not advise people to be ethically and morally responsible, but instead go after me to prove that I am somehow also morally corrupt like you guys are.

    You want to bring in refugees from Siberia or where ever into this discussion just to dilute the real topic of the thread. You are no better than any politician for that matter.

    That "qasleuth" has also not answered my question as to where and when I claimed that I am trying to pretend I have better standards than the next person on this forum or anywhere.

    Since the two of you don't have answers to these questions of mine, I rest my case until that!

    You are missing the point --- you are running behind everyone with a hammer. Calm down and stop making comments on other's English! If someone writes "u" instead of "you" and that annoys you, that is just one of your many problems. No one can do anything about it.

    Once again -- Grow Up!




    apb
    08-13 05:21 PM
    It is a hard fact but I guess I do not want to scare anyone. If you notice some people have got their JuLY 2ND filed cases receipt # and most of them have a Notice date of 08/04/2007 (the guys who got their receipt #). This notice date is the day the Receipt was generated. So today is 08/13/2007. It seems that USCIS is delaying this process of issuing receipts as that will give them a chance to reject applications after 17th. So I guess we should brace ourselves for rejection notices also......

    Raybarrone - The way one think is our choice. If there is any big master plan to delay our RN so be it. Either we can take it as it is or we can act. These kinds of pessimistic thinking helps no body.

    Please help yourself by reading some PMA books.
    Here is a starter

    AS a man thinketh

    Have some good self talk. We have to Learn to respect ourself by NOT taking any crap handed out to us. Learn to FIGHT and uplift yourself and others. A man without any reason to FIGHT has lost all battles in life. He has no hope and he cannot create any change.

    And if what I say does not make any sense, please feel free to 'BRACE FOR REJECTION NOTICES...' if that helps.




    gsc999
    07-06 07:09 PM
    Legal Immigrants Protest at San Jose on July 7

    Location: City Hall
    200 E Santa Clara St
    San Jose, CA Yahoo Google Map

    When: From Sat Jul 07, 2007 11:00 am to Sat Jul 07, 2007 2:30 pm

    [/B]

    I just checked with the city, and San Jose police dept. they don't know about this event and haven't issued any permit for it. Fightnow, since you originated this thread, please post relevant info. as to who is organizing it.

    Arun Antonia, do you want to coordinate this event for next week?

    The Police dept. said that as long as the traffic and pedestrian sidewalk are not blocked and there is no violence it is ok with them. Now only if I know who will issue the permit, that should do it.



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