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  • veerug
    07-03 07:55 PM
    What IV will do different than what AILF is planning to do? They are not asking for any money for participating in litigation. What will happen if you don't reach your target of $5000 before you do something? (may be lawsuit).
    Nobody takes money for filing lawsuit in any case, atleast not in advance.
    No offense, but i thought you need to be little bit more clear in what exactly you plan to do with $5000.

    I don't care if you get offended with my asking. But I am trying to unsderstand if i am missing something.





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  • rpatel
    07-24 02:38 PM
    jc menon...have u ever taken a law class? do u have a jd? why are u then so adamant on thinking u "found" the loophole?

    we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.

    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.

    I dont think anyone should make this a personal issue and try to boast that he/she has complete understanding of the underlying issue while make it seem like everyone else is a buffon. The last thing we want here is people turning against each other and calling names....I can understand that in these trying times we all need some form of vindication to keep our self confidence high...but trying to put the other guy down is not going to get you any respect. Now that was the shrink in me...

    I still say whats wrong is trying to get the procedure changed in a way that USCIS will accept I485 form (forget even the EAD) give you a receipt notice and only act on it once the visa number is available. They certainly seem to have some authority in making rules regarding how and when to accept form, as has been seen in early I129 acceptance and concurrent filing issues ?





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  • walking_dude
    09-19 01:07 PM
    On the flight back I was watching LIES Dobbs on Communist Nativist Network...

    Corrected.

    On the flight back I was watching Lou Dobbs on CNN and they used a clipping from our rally and did a whole piece on illegal immigration without even mentioning the rally!! That is so typical of the media.





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  • amitjoey
    03-23 10:27 AM
    There are people from northern california going to DC. Please join IV's NOR CAL group and you will get in touch with all of them



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  • pappu
    12-25 06:50 PM
    If you create groups on yahoo or google make sure you do not miss out on members that come to this thread for updates on state chapter and wish to join.





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  • rajkr
    06-11 01:21 PM
    Dude, we are not suggesting or even thinking that we should move away from main agenda, thats there and thats where IV advocacy days aimed at. Its part of the game. You cant sail the sea without winning over turbulences. these are not if and if nots.

    Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.

    If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.

    This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.

    So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.



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  • alisa
    01-18 08:40 PM
    I am fed up of the blissful ignorance that is so characteristic of so many EB-based retrogressed folks.

    Why should I care about this forum? Why should I contribute? Tell me what is wrong with me just sitting on my butt, and looking at Visa bulletins every month if

    1) I am an Indian with EB-3 PD of Jun 2002 or later
    2) I am an Indian with EB-2 PD after Jan 2005.
    3) I am ROW with EB-3 PD of 2003

    4) I am ROW with EB-2. (Ok. Here you can't convince me.)
    Any other categories I am missing.


    Post numbers, facts, figures, analysis. We will condense it to something marketable, so I can send it to people like us, and get them to participate.

    BTW, I am ROW EB-3 with an expected, I am hoping, PD of 1Q 2007.





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  • addsf345
    12-10 07:49 PM
    you hit the nail ... this is the biggest reason ...We are just too many and everyone wants to come to US

    don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?

    Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?

    Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much. This is called immigration.

    Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. We are given visas as their industry need us, but they do not care if we suffer for years. It is nothing but simply 'DESCRIMINATION" based on country of birth.

    Ask this question: Is it a crime to be born in certain country? Do we all have choice to do so? If it is not a crime, why we are being punished?

    Do we have guts to fight that??? we can only talk about some stupid solutions like control indian population and in just next 100 years there will be no retrogression for indians. Some one would also suggest indians must not to study and remain uneducated, so you won't come here under skilled quota and voila - no retrogression!!! but the fact is, we have no unity, no guts and no willingness to stand up for our community. IV is the only effort I have seen in years in right direction.



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  • pmb76
    09-05 03:57 PM
    reliable and consultants :) an oxymoron. Why do you want to get blood sucked out of your body ?





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  • sandiboy
    07-23 05:22 PM
    So does my lawyer per the FAQ she sent earlier:

    Q9: My adjustment was already filed. Do I have to re-file now?

    A: No. If the adjustment was already filed, USCIS will retain and formally accept the filing.



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  • bondgoli007
    07-29 02:42 PM
    @wizkid...Nice job!! Go on and pile it on the poor sod!

    You had already made your point in your initial post to this thread so why rub it in? Is it because you never have faced such a dire situation... if you cannot offer anything constructive atleast shut your trap, don't be such a jerk and let the guy vent!

    @uma...I can understand your frustration at this point. Is staying and working in the US very important to you? If so, you can try to workout a solution with your employer where you can work for them in a different country for 1 year and then maybe come back with a new 6 year H1 time. If the economy gets better (and hoping it would), you can perhaps negotiate with them to restart your GC process or at that stage move to another employer. I ask you to think ahead with calm and logic. You will find a solution which you will be happy with in future.

    I wish you all the best and Take care!





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  • PresidentO
    11-13 02:28 AM
    Spill over does not need to happen every Q. It is purely based on demand and supply. If the visa office sees demand go south ( read really really south) and do not expect the demand to pick up for the rest of the year, yeah then the visa office will move the dated forward using spill over. if the demand is enough, meaning categories that are current are just using fine and CIS has enough backlogs VO does not move dates.

    The most pre cautious option is (esp now that there are a shit load of pre adjudicated cases) is to leave the numbers for categories that are current until the final Q and then move the dates so that all current categories got a best shot at the visa number before it goes to the retrogressed. The visa office is pretty savvy and the numbers we saw from USCIS might be way off the real numbers the visa office sees and assigns a visa number for. Based on last 3 years, it seems that the DOS/VO knows the importance of visa numbers.

    if you are talking lawsuit because you are frustrated, yeah vent it out. But if you are really serious go ahead and check the INA act and verify whether the INA act actually talks about quarterly allocation. Come up with the ground work, have a point and then think about lawsuit. No point in hallucinating.

    Just an F Y I, I havent read all 5 pages of this thread



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  • eb3_nepa
    07-05 12:10 PM
    FIRST make the Forums Viewable ONLY by members who are signed in. Currently you need to sign in only to POST.





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  • malaGCPahije
    03-17 04:21 PM
    What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.

    The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?



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  • desi3933
    01-31 06:00 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.

    >> how do we know what our H1 LCA amount is?
    Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • pray
    08-17 08:55 AM
    Chill guys just kidding no point getting worked up about all this.I know it's causing a lot of angst.The best course of action is to get back to our lives and let the chips fall as they may.



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  • SSSarkar
    07-17 10:15 AM
    Well done.

    I sent an email to Roy Beck - Founder of NumbersUSA about the false information that they present via the fax. I am expecting some reply.
    This is email that I sent..........

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

    Hi Roy,

    I am Satish. I am one of many immigrant workers working in USA. Recently, I came across www.NumbersUSA.com website and their propaganda. I respect your service to this country and your steps towards propagating your agenda to the congress. However, when I came across the following fax content intended to faxed to the members of congress from www.Numbersusa.com, I was completely shocked to see the points mentioned in the webfax. Let me give my insight on this.

    The fax content is as follows

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.

    Sincerely, [Your Name Will Appear Here]

    My view on the above points.

    1) This is true that foreign workers bring their families. However, I reject the word "guarantee" used in the later part of the sentence. Let me further elaborate on this. When a H1B worker first arrives on the American soil, the worker's spouse and children if any, are on H4 visa. For your information, these dependents of foreign workers are on H4 visa, which is a highly restrictive visa. This visa does not guarantee a social security to women and children. By social security, I mean lot more than just a social security number. In some states, this results in inability to even drive and be completely dependent. Some of H4 people that I know are highly skilled such as Phds, Doctors, MBAs, etc.
    2) This is most shocking of all the points. I would love to know the source of this information. I am a H1B worker for last 4+ years. I have paid all my taxes including federal, state taxes, social security taxes, Medicare, FICA, etc. This is not voluntary deduction. All my employers were mandated to deduct just as any American citizen. I would love to debate this with you and NumbersUSA reps, because I have facts and documents to prove this. In fact, Most of H1Bs pay FICA tax, which we simply cannot get after retirement (in this case mostly 6 years on H1B). I would encourage you and NumbersUSA to contact reputed IRS expert to get more information on this. In case you don't get this information. I would be more than happy to meet you in NumbersUSA office along my documents. If some person or employer does not pay taxes being on H1B, that person is treated as tax fraudster, whom I am sure IRS handles very effectively.
    3) This is also not true. In my case I had to post my labor on job bulletin board (place where I had to work) for atleast 2-3 weeks with my skills, designation and salary offered. In case if any US citizen interested in this posting, he had an open opportunity to contact my employer about his interest in the job. By the way, salaries of thousands of H1B workers are on par with that of US citizens. Given a chance, I am sure that I can prove that I am better in all aspects of IT programming than some of the best on U.S. citizens. This promotes competitiveness.
    4) I would love to have actual source of this information. I know many US registered organizations that hire H1B foreign workers, who worked with fellow U.S citizens without any problems. As far as my knowledge is concerned, most of these employers are "Equal Opportunity Employers".

    Roy, America is a unique country that is built on immigrants. This is probably one of the reason why America is amazing in providing civil liberties to all people irrespective of caste, color and race. Also, America has such an immense talent in every field, which makes it a leader in this competitive world.

    I certainly welcome yours and NumbersUSA perspective on this email.

    Both of us strive to make America more strong and competitive.

    Thanks,
    Satish

    "It is the theory that decides what we can observe."
    Albert Einstein





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  • varshadas
    09-12 10:57 AM
    Ajay, Shekhar, Sanjay where are you guys? I have not heard from you guys for a while. Is anyone of you going to the rally? If not, have you guys been spreading the message within your contacts?





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    10-27 03:10 PM
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    gc_in_30_yrs
    07-17 10:48 AM
    Sanjay,

    I did not find Point Number 2 in their website that you mentioned here. Can you post link to it? It may be that they removed it now, or you might understood something differently.

    thanks.
    gc_in_30_yrs.



    Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.

    One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.

    ================================

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.


    Sincerely, [Your Name Will Appear Here]

    ==============================================

    Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.

    Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.

    Thanks,
    Sanjay.



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