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  • superdesi2100
    09-10 11:25 AM
    Thanks for all the efforts. Donated 100$ via paypal. Coming to the rally as well.




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  • Kodi
    06-04 01:38 PM
    company size, Ability to pay issues, H1B dependent company, If any greencard denials have happened in the past, degree+ experience issue, labor subs...

    Thanks Pappu. I will check with my lawyer before we file.




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  • gk_2000
    08-23 10:12 PM
    Send your recommendations to USCIS/DOL and your certification about bsc and bcom. Also enlighten us with your larger perspective of how this multinational executive making 32K per annum adding more jobs/potential to the economy.

    I have nothing to recommend to them as things are fine as they are. And there will be no recommendation coming from me to close any door at all, whether it be for EB2 or anyone else.
    You can go ahead and recommend against EB3 BSc BCom losers, as it is your business

    To shut down a program because of a few mis-users : I am sure you WONT agree to extend this logic to your precious EB2 application when someone points out how someone else misused it




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  • mpadapa
    06-11 12:04 PM
    This retrogression and slow forward movement was a problem in the making. Last summer IV core had warned about this issue. The writing on this issue was on the wall, now we have numbers to prove it. Last year (2008) we ducked the issue because EB folks got lucky since almost 23K visa wasted by FB folks in 2007 was counted as part of EB limit in 2008. This year no such luck, we are stuck with our usual quota's. Refresh your memory with an old thread from last summer. (http://immigrationvoice.org/forum/showthread.php?t=19042)

    Folks don't narrow this issue to an Indian/chinese issue. All EB3 folks and EB2 (reto countries) are affected by the retrogression. When the system is broken blame the system and not the individual department. Looks like members like to take a dig at USCIS for every problem in the system. Go talk to your lawmakers if you have issues with the system, they are the one who drafted the limits. Your labor was delayed not because of USCIS but by DOL. Yes USCIS is not a perfect org but they do their best. USCIS wasn't equipped to handle millions of EAD/AP every year aren't they issuing they issuing it within reasonable time. Give some respect to the org and just don't use it as a punch bag for all your problems. If you have issues with wastage of visa's go ask the lawmakers who introduced the 245i provision in 2000. They showed the EB folks with ~130K recapture and flooded the system with 245i applicants and caused ~130K visa numbers wasted between 2000-present. What was the net gain? We should collective organize and do active lobbying with IV, otherwise we will be taken for another ride in CIR.




    Source:
    http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html

    ........



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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa


    Solutions

    Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows

    �(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,

    (A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
    (B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �

    This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.

    In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.

    If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.

    Removal of Child Status Protection Act of 2002 (CSPA), section 8

    Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.

    Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.

    Dream Act

    This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.

    E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007

    We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).




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  • lonedesi
    08-06 10:51 AM
    I checked with IV core and few attorneys regarding this issue. You will need the consent of the employer since we are dealing with I-140 petition. Please speak to your HR and try convincing them to support you. We are not asking USCIS to expedite our cases. All we are asking is follow the FIFO and process cases in an orderly manner.



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  • kshitijnt
    06-26 12:45 AM
    What is america losing?

    Lets take a typical example:

    My friend and his wife both have jobs here. They pay around $50K-60 income tax (approx) as a couple.

    They have 10 yrs of exp. (approx) or have masters degree. They have a decent bit of 401K. And about 30 years of career left. They also have capital investment in India which is growing at a good pace.

    Now if even one is forced to go back I am sure both of them will go back to India or wherever they are from. Makes sense?

    So what are they losing by going back to India? Some $$$$. Thats all? No debt. no hassle, just semi retirement early enough.

    Now think about 100 couples like this?

    Now think about 1000 couples like this?

    1000* 60 K = $60 million of taxes and social security lost. Who is going to pay the troops in Iraq? Or the USCIS dumbo? Will he have a job to do if we leave?
    And if we leave who is going to pay the medical bills of the baby boomer who needs medicare soon?

    Lets say, they replace us with younger workers. what will be their salary? 50K or 75K. lets say 80 K. Chances are they are single. If they are married. Will their wife work immediately. If no, they are collecting taxes from him at a married rate while his spouse has no income. If his wife is educated, how long will she want to live on H4? If she doesnt get H1 will they both go back or stay here endlessly? Chickens (americans).

    How much tax will they will pay? If they are on F1 EAD, even better, they dont even pay social security.

    Of course we lost $$$$ income, but we are not in so much deep shit as US would be if they lose 1000 couples, just 2000 people.

    Now lets say we go to India and undergo semi retirement. Fine, US companies maintain competitive advantage and they gain most. But if we decide to continue to excel, can not such 2000 start a formidably competitive business? Who wins? India or USA? Or will they start multiple businesses?

    Its about the numbers. If 1 or 2 dont get GC , it doesnt matter. But if thousands are impacted, most of them smart people, it will hurt someone here or many ones.

    What have we really asked for in return? Just a piece of plastic that will let us live and contribute like everyone else here.

    They have a problem with that too. Bloody morons.

    For how many years this game of making people fools will continue? Message spreads fast. I am already telling my junior relative what to expect in America.




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  • dipmay2002
    11-05 02:14 PM
    If my Wife's employer starts GC for her on EB2, can my case be ported / interfile to her's? She is dependent on my GC application. :eek:



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  • bestofall
    07-15 03:55 PM
    Immigrationvoice
    Immigrationvoice
    $ 5.00 07/21/2008 7YFGW-Y382V




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  • Green.Tech
    06-19 02:12 PM
    If the economy is holding up like it does, other issues including immigration may get put on the backburner. This is the time to stand up and make our voices heard. Please step up and contribute for the massive lobbying that we (you and I) need to do to get these action items taken care of.

    Don't think that other guys are contributing and this will be taken care of by iteself since I have other channels where my money is flowing into, and that I will contribute later if one of the bills get to the house floor etc. This is the time your help is needed the most. Each and every penny that you contribute matters.

    It's high time we all see the big picture and stand up for ourselves because you know why...No one else is looking out for us but IV (us)!



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  • pointlesswait
    04-01 09:53 AM
    what i dont get is..why are desis so stuck up abt GC... dont get frustrated...work the system and work with the system!
    making statements like Mirage did in the beginning of this thread are pointless!!!

    i think its all part of a well thought out conspiracy to:

    1.) Keep the chicken in the cage: get those desis into the system and tie them up in some legal/bureaucratic loop for 10-15 yrs.. the taxes and the application fees we desis pay keeps the system running..


    2.) These fixes that IV is trumpeting abt..is just chicken feed... nothing big will ever materialize...
    teh fact is THEY dont want too many desis in US..THEy dont want US to become another UK..Great Britain se Great BritainSthan ban gaya!!!

    so dont let the frustration get to you.. work with IV..join local chapters and stay positive!


    yeh USCIS ka chakra-vyuh hai bhaiya ..chakra-vyuh!!!




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  • axp817
    11-26 10:21 AM
    Sharing what I read on IV - some members reported their 140 status reverted to 'pending' along with a recent LUD when their ex-employer revoked already approved 140. In your case, status is not changed. Keep an eye on status. Hopefully, CIS will not do another wrongful denial, crossing my fingers. Best Luck bro!

    Thank you, I'll keep everyone posted if anything changes.

    I called USCIS customer service to ask for the attorney name on file and they said that they didn't have access to that information and I would have to get an Infopass appointment for that. Given the crap that ChanduV had to deal with (for changing jobs on AC21) during his infopass appointment, it is probably best I just wait to ask that question until my second biometric appointment is due in a few months.

    Thanks,



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  • vallabhu
    01-05 02:38 PM
    Looks like it is random, it may also depend on the service where it is applied from, Mine is from vermont, Nov 2003 received the 45 letter, I have another one from Atlanta June 2004 did not receive the 45 day letter.




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  • trueguy
    03-07 11:22 AM
    We may have to believe him....

    It doesnt mention Hillarys lastname though, thought that is funny....She was in Brussels this week though...

    Like Hillary, Who?

    and not sure why would she call a lawyer over the weekend and give them the insider information.........



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  • gctest
    09-14 02:40 PM
    Well ...well ..well.... All this opposition tells me that I am on the right track along with all the people who support this cause.

    Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
    But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.

    Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".

    I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.

    Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.




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  • yabadaba
    01-02 11:48 AM
    looks like some other orgs are referencing my oped for general information purposes

    http://www.americas.org/item_30295

    "This article was originally published by the sources above and is copyrighted by the sources above. We offer it here as an educational tool to increase understanding of global economics and social justice issues. We believe this is 'fair use' of copyrighted material as provided for in section 107 of the US Copyright Law. AMERICAS.ORG is a nonprofit Web site with the goal of educating and informing."



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  • guy03062
    09-11 04:32 PM
    This is really frustrating...moving EB2-I cut-off dates to Aug 2006, approving large number of 2006 PD cases and leaving 2003 - 2005 cases aside.




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  • new_gc_guy
    09-11 03:48 PM
    second 100$ contribution...

    GO IV

    Order Details - Sep 11, 2007 4:10 PM EDT
    Google Order #655717973031323




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  • ashutrip
    06-19 10:09 AM
    Also, please contact this person:

    Helen Parker
    Regional Administrator
    U.S. Department of Labor/ETA
    Atlanta Federal Center 61 Forsyth St. Rm. 6M12
    Atlanta,GA 30303
    Phone: (404) 562-2092
    Fax: (404) 562-2149

    Send faxes and call to request them to process our PERM applications. Please act now, if not we will miss the bus.
    i just called her she passed the buck to 404 893 0101




    anurakt
    12-18 02:32 PM
    # nycgal369, Senior Member like you coming up with this idea...hmmm..

    Do you think mass rallies by illegals has helped them? Did not it back fire? will be the same for us. Will not help. The question is not about being scared, its more about doing the right thing.

    First of all, forget about back firing, can we get 100 people to do this. IV has been trying for funds and i dont think even 10% have contributed..why would u think any one would loose a pay day? even if you take 20$/hour i.e 160$ per day. Lot of members are not ready to contribute 50 bucks :) There might be a few who can not contribute due to various reasons and i totally sympathize with them but what about the remaining?

    My point is not to discourage but just for a reality check

    I completely agree.....




    virtual55
    07-11 11:35 AM
    In VA can we extend Driving License with receipt notice of h1 extension .



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