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  • saileshdude
    03-31 11:41 AM
    To me; it looks like it could be a shift in change of policy. In the denial notice; it is the same officer number who sent the notice of intent to deny. Therefore; it is not a training issue; looks like something else is happening.

    training issue is when they send straght denial after 140 is revoked.

    UnitedNations,

    Whatever be the shift in policy, they cannot go against the AC21 law, which is if the job is in similar classification then the applicant can use portability if the underlying I-140 is revoked. Also you must have seen the latest yates memo , link, http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    If you see Q.11 it asks,
    Question 11. When is an I-140 no longer valid for porting purposes?
    Answer: An I-140 is no longer valid for porting purposes when:
    A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.

    Answer B seems pretty vague. How do you interpret this?

    Also can you tell, if the case you are referring to is based in TSC or NSC. I have seen cases where TSC applicants are facing this kind of situations more.





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  • bang
    03-08 11:08 AM
    This is in reference to a thread about feeling depressed by retrogression or labor backlogs to stuck FBI namechecks or whatever it is that depresses you. Not criticizing anyone in particular so dont aim for me.

    Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.

    After all, if 90% of your time is spent on thinking about BECs and visa bulletins, imagine if that time was spent on doing the job they've hired you for.

    Some employers(like Microsoft) realize this and want to do something about it. Its not just about keeping the best and brightest here in USA. Its also about keeping the morale and productivity up.

    As to how to deal with this...try this.

    Call your local congressman's office(Find out info about that from House.gov, with your zipcode). Get an appointment with congressman. There is an Easter recess coming up when they would be back from DC.

    Then talk to him about all issues you have. Take all the material you need from the "Volunteer" menu item of this website.

    Doing something about the problem is the best therapy there is. I am not saying this because I want to coax you into meeting your congressman. No. That's not the objective. But I think action is the best remedy for this problem. And there is actionable stuff to do about this. If you are suffering from terminal cancer, then you really cant do anything about that. This is not such a problem. This is a problem for which the solution is out there.

    Somehow, after landing in this country, people lose the appetite for risk and adventure. Before they are in here, they would move mountains to score an H1 or an F1. After coming here, they hunker down, heads-under-the-desk kind of approach. What I am talking about is nearly 200 people right now, who have read this post, but havent logged in. They wouldnt log in. They wouldnt give their real email address if they sign up. They would never contribute. WHY? Because they are afraid. That they will be deported. For no reason. Everything we do is legal, including raising funds and spending it on lobbying. But they are afraid. They are also afraid that by talking to congressmen, they will make them mad and the congressman will pick up the phone, call USCIS and then get their 140 cancelled. Yes. People create their own fastasies and become afraid of them..

    Yesterday, nearly 2000 Irish illegals went to capitol hill (http://www.ireland.com/newspaper/frontpage/2007/0308/1173121325488.html)and talked to various lawmakers to lobby for CIR and legalization. They were illegals. Yet, the somehow managed to walk into the building where laws of this country are made, talk to people who make the laws that they have broken, go thru Capitol Hill security check, and look into the eye of the lawmaker and talk to them.

    However, our community, this is how they behave. Forget about talking to congressman, or contributing money. When they call the core group with a question, they block the caller id can call. Dont disclose their name too. Ask a questions and then quickely hang up. Some of them want to contribute with cash because they are not willing to believe us that we are doing everything legal here and its their right to lobbying and petition the Government for problems.

    After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker.

    So at the end of the day, if we are depressed that legals dont get attention, then you know where to look for blame : the highly skilled who are highly educated and too afraid because their education and skills make them think too much and analyze too much, and they are afraid all the time.

    logiclife

    It is a very good analysis ..... people please wake up and do something atleast other than reading the post, i think this is our last chance for any type of reform in immigration. If you have not yet partcipated in any form (contribution / volunteer work) please do so,

    Thanks

    bang





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  • dagu1234
    06-23 08:37 PM
    Can we each leave a 'personalized note' on how much we have contributed in Federal / State / Social Security taxes + Medicare / etc.???? Even a rough order estimate... to get them to listen to us seriously.

    Is this something that IV can help co-ordinate?
    1. State-wise, collect estimates of taxes paid till date
    2. Collect the data (anonymously, of course) and send a written brief to each Senator in that state - making a clear economic case to how we contribute
    3. Collect the data (nationally, with statistical analysis thrown in) and send a written brief to all Senators - making a case at a national level.

    We need eye-popping numbers, charts and quotes ... to continue the PR around high skilled immigrant needs.

    Thoughts?

    It is a good idea to collect the data. However, the collected data will be a small part of the actual numbers. So it may underestimate the actual data.

    Rather than spending time collecting such information, lets focus on calling right now.





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  • meg_z
    02-02 03:40 PM
    http://boards.immigrationportal.com/showthread.php?t=239578



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  • chanduv23
    01-30 11:31 AM
    These are small regulations that agencies can do. But even for such changes, the time period to get it done is very long (several months to a year). At least DOL woke up and acted. It will still leave a door open for sellers to stay happy and able to substitute labor. However it is not easy to find a buyer of a LC in 45 days.

    All these are small problems compared to retrogression. Labor substitution rule will not get any visible or any noticeable relief to us. We will continue to stay retrogressed and wait for another 10-15 years for our greencards. It is important for us to contnue to fight to end retrogression by getting a legislative change done. As long as members are there to support IV, the organization will use every means to get relief measures for all of us. The coming months are crucial to our struggle. We need to stay united and continue the effort of making this organization a formidable force on the hill. IV members writing negative comments on various forums or feel disheartened should know that to get even a smallest job done is not easy. They are not only harming the whole effort and making anti immigrants happy, but also harming themselves by hurting this cause. Sometimes it is sad to read such negatve comments when you know how hard it is to work with limited time, resources, manpower and lack of much needed motivation in members.

    BTW In our recent efforts we did give anti-immigrants shivers down their spine. It can be seen from their posts on their sites and also the hate mails they write on our forum and send to core members. You dont see a lot of it because we moderate posts. We are not scared of anyone. All this has only made our resolve stronger to fight it out and fix the system.


    Hi pappu, in the mainstream life and based on how things work in the United States or any other country, do you think we must actually care and scare anti immigrants? Do they really have the clout? What is their basis of opposition? Do they have a strong lobby? What is the basis of their lobby? it is eviddent that politicians tend to be easy on them because they are citizen and vote and they have to listen to them, but otherwise, do we really put ourselves and our efforts on par with these junk organizations?? Are they any progressive groups? Do they have people with great minds and innovative ideas?





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  • vikki76
    10-27 11:50 AM
    First. congrats alterego- 4 yrs after 485 filing is a long long time to go.:eek:
    Not that I know of. There are two 140 but both have AOS option - Is it normal that 140 application goes back to USCIS office ? AFAIK, there is nothing wrong with my 140 application . It is st. B.Tech+ MS+2 yrs type of case with permanent job (no consulting)



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  • punjabi
    06-03 03:40 PM
    All the phone receptionists were very courteous and they all promised that they will pass on the message to the reps.





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  • arc
    06-12 01:56 PM
    Most affected and largest chunk...

    IV Help Needed!



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  • smuggymba
    03-29 04:01 PM
    Alex

    I mostly get reds for being honest and stating the facts but that doesnt matter. I have to agree with Nathan, dont get emotional, lets see how to get out of this mess. As you stated, your employer didnt invite you, the only thing he should have done that he didnt do was recalled your petition when it became effective. He will get away with a warning and a small fine unless he has done the same as a pattern.

    You can get him in real trouble, (of course but only by doing damage to yourself) by proving you paid the money for the H-1 and I sure here too, you would have given him a check and he would have given a company check to USCIS and you are going to make life more difficult for you than for him as proving you paid the money for the petitionis going to be very difficult.

    This is the time to sit back and think what is your real goal. I guess, it was to come here and work hard and succeed not make life miserable for everyone involved. Trust me Honey attracts more flies than vinegar. Speak to your employers softly and try to find a solution. If you need help finding a job, I am sure there are plenty of avenues, especially with the market improving.

    Now dont jump into conclusions, that I am another consultant or work for a consultant. I am neither.

    HRP

    These crooks are intelligent - they take money in Indian rupees and deposit it in their account named after his/her mother. Difficult to prove you paid for H1-B unless you have a recipt/transfer record here in the USA.





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  • garamchai2go
    12-13 10:18 AM
    I was also in same situation. My stamping was done on 6th Dec and so far I did not get the passport. Vfs website says "Your passport has not been handed over to VFS. Kindly contact our regional call centres for further queries." I just sent an email to 'ChennaiNIV@state.gov' and 'infouschennai@vfshelpline.com' ..Waiting for their reply..



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  • addsf345
    11-07 04:47 PM
    I am bumping this old thread since I might have missed something in this discussion.

    Some advantages of staying on H1 stated earlier were:



    For me:
    (2) is invalid (Already married, wife on independent visa)
    (3) don't know (Heard it's more flexible now, so willing to take this risk)
    (4) USICS started issuing 2 year EAD, so the difference is only 1 year additional extension with H1 (Not a problem for me personally)
    (5) is invalid (Most of us renew EADs even if we dont use them)

    which brings me to (1). How does having H1 give peace of mind? Hypothetically, if 485 is denied and H1 was extended beyond 6 years based on a pending AOS, is it still valid during MTR/Appeal? If it is, since EAD doesn't provide this privelege, I think this is the only reason why people should stay on H1?

    Thanks!

    NO point#1 is not true. in fact it is biggest misconception - I remember reading some where that if you have consumed all your 6 years on H1, your extension of H1B beyond 6 years is only based on pending AOS. So in this case, if your 485 is rejected, also your H1B. If you continue to work on H1B even after this, it is illegal.

    (This is what I believe & I may be wrong. I am not lawyer, this is not legal advice & check with your attorney first before deciding anything)





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  • sanju
    03-10 11:04 PM
    Who told you that, a tweety bird???? you "I just thought" idiot.


    Don't be after the whole town because your son doesn't resemble you, check your next door neighbor first....



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  • desi3933
    07-11 10:50 AM
    Now that USCIS / DOS know that they have made mistake and also aware that this is exposed to the entire country. So this is what they are doing.

    1. Keep all the applications pending so that AILF could not start the lawsuit. ALIF needs rejection proof.

    Incorrect.

    2. Updated their site stating the receipt notice will be sent after Aug 1st, So everyone keeps quiet till this date.

    How does it matter?

    3. I beleive, the Judge will rule out by July 29 saying that itis fault of DOS / USCIS and say they have to accept all the applications which are filed in July leaving the applicants only two days to file.

    Highly unlikely. The lawsuit could take one and half year (or more).
    Even if judge rules on July 29th, usually a reasonable time is given. How did you come up with 2 days.

    4. No one can argue that all the ELIGIBLE applicants should be allowed to file. The reason is NOT all the eligible applicants filed in June. Also if you feel that you are eligible for July, then you should have prepared all your application papers ready by July 29. If you cannot file, you are out.

    I feel, this is what is going to happen. So better prepare your papers and keep it ready.

    The big question is, how you define "ELIGIBLE applicants"?


    Any lawsuit needs lot of time and patience. And none of emotions.


    _______________________
    Not a legal advice.





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  • Vexir
    06-15 05:47 PM
    Actually, skinning your wheel should still be allowed, a lot of the new (real) iPod skins cover the wheel while maintaining functionality.

    Wth? show me one





    Oh hey Ben put the OraSquare pod in the poll, it seems to be more popular.



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  • wantMyGC
    07-14 07:27 PM
    http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070713_687551.htm?chan=top+news_top+news+index _businessweek+exclusives

    The Gandhi Protests
    Denied the permanent U.S. residency they'd been promised, high-skilled workers are taking to the streets in nonviolent protest



    Engineers, computer programmers, and tech workers aren't known for outspoken collective action and political protest. But on July 14, up to 1,000 high-skilled, legal immigrants will gather in San Jose, Calif., to express their outrage at the U.S. government's failure to deliver on a promise to hasten the processing of their green-card applications. Many of these immigrants came to the U.S. from India on visas and have been stuck in what they say is an interminable wait for permanent residency and the freedoms it brings.

    "We're stepping out to bring this issue to the attention of lawmakers and the public," says Ashish Sharma, 37, who has worked as a manager at a tech firm in Los Angeles for seven years, awaiting his green card. "The debate has been dominated by illegal immigration, but we want to put a spotlight on the hurdles we're facing as a hard-working and law-abiding group. It's time for corrective action."

    Sharma says he spent $5,000 flying his wife and children to the U.S. from India to prepare green-card documents that the government originally said it would accept and then later decided not to accept. Tomorrow, he will drive more than five hours to San Jose to meet hundreds of others stuck in the green-card backlog who want to make a public statement about their frustrations.
    Long Delays Spur Protests

    The rally follows a symbolic action on July 10 in which hundreds of green-card applicants sent flowers to the director of U.S. Citizenship & Immigration Services in a show of peaceful protest reminiscent of Mohandas Gandhi's nonviolent campaign against British rule before India gained independence in 1947. The idea for both the flower sending and the rally emerged from Immigration Voice, a group that advocates for high-tech immigrants in the U.S. on visas.

    The Gandhi protests, though grounded in years of frustration and anger, were sparked by recent events. On June 12, the U.S. State Dept. issued a bulletin promising it was ready to move hundreds of thousands of green-card applicants into the final phase of processing, known as the Adjustment of Status. Visa workers rushed to complete their Adjustment of Status applications for July 2, the first day they could be submitted. Applicants scrambled to gather signatures, birth certificates, and immunization records, many taking off work and rearranging travel plans. But at the beginning of July, the State Dept. retracted the bulletin, explaining the U.S. Citizenship & Immigration Services had already fulfilled its quota and would not accept further applications. The immigrant community exploded, with critics saying they are the victims of bureaucratic incompetence and a broken immigration policy.

    The green-card backlog has emerged because of a mismatch between the number of visa holders and the number of green cards available to them each year. Tens of thousands of foreign workers enter the U.S. on work visas each year, and many apply for green cards. But current government rules limit the number of people who can be admitted to the U.S. from any particular country to 9,800. The result is that for larger countries, including India and China, the wait for permanent U.S. residency now stretches for years. As they wait, visa workers are required to maintain the same job and salary, or they are bumped back to the long queue. That leaves many of the most educated and talented immigrants feeling stuck, sometimes to the point of hopelessness (see BusinessWeek.com, 6/21/07, "One Easy Fix for Immigration").
    Joining the Chorus

    Many American companies are concerned about the government's immigration policies. Tech companies, including IBM (IBM), Motorola (MOT), Oracle (ORCL), eBay (EBAY), and Intel (INTC), have pressured Congress to allow in more skilled workers on temporary and permanent visas. Google (GOOG), with many immigrants at the company including one of the founders, sent one of its top executives to make the case in Washington (see BusinessWeek.com, 6/7/07, "Immigration: Google Makes Its Case"). Bill Gates, Microsoft's (MSFT) co-founder, also made the trip to Congress to argue for a change in policy (see BusinessWeek.com, 3/8/07, "Gates to Senate: More Visas").

    Immigration Voice has for several years been a forum for visa workers awaiting green cards, but it is now becoming a critical organizing tool through its Web site, volunteer leadership, and increased lobbying efforts. Immigration Voice President Aman Kapoor says green-card applicants are busy organizing a series of rallies to take place across the country on one day next month.

    "This is not the usual population to go into the streets and protest; it's a group that has remained quiet and follows the rules," says Kapoor. "But people have lost faith in the system, and we have reached a tipping point in terms of frustration. There's an understanding that more dramatic action is needed."





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  • greencard_fever
    05-25 11:09 AM
    How to track the progress of this Bill? can some one post the link to track.

    here is the link http://www.govtrack.us/congress/bill.xpd?bill=h110-6938
    looks like this bill will not go no where ...there is only 3 cosponsors..:mad::mad:



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  • arupkumarsaha
    01-31 10:59 AM
    If this law does not apply to existing labors, we will still be in the same situation. BTW, what is a desi company. How come it can sell labors? Is selling labor legal?

    What plannet r u from that u donno abt desi companies and LC sell ? myself a human from earth :-)
    desi companies r indian companies and they sell LC openly , Eb2 pre approved labor has a rate approx 20k USD .

    desi companies sell H1b also , u pay money and they will get it for u , see sulekha.com for example .





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  • poorslumdog
    05-14 01:03 PM
    LOL.. nitin...whoever yo uare... you are a piece of work..I feel sorry for you..

    May be peice of art work...:D

    He is moving/moved to Canada and preaching us to go back to India. What kind of loser..:cool:





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  • caliguy
    10-27 02:01 PM
    For all of you who have got standard responses from USCIS, please do something about it. Call the local senator, file DHS-7001 with CIS Ombudsman, send a letter to USCIS secretary Napolatino, call TSC using POJ method, etc, etc.

    If you are current, they need to look at your file. Case under review means nothing at all....my case was under review since July 20, 2009. Finally, i found out that my file was sitting in the storage and collecting dust.

    As other previous posters have mentioned, you should try calling TSC/NSC on Thursday/Friday evening. I found out that the IOs were in a better mood, as compared to my calls on other days (specially in the morning/afternoon).

    If you need details on the IO I talked to, I can provide it to you offline. I am still trying to reach that IO (need to say a big thank you) but have been unable to talk to him/her so far.





    Saikrishna
    07-19 11:25 AM
    Thanks to GOD for helping him in order to help us regarding with all our immigration problem...


    Sure and will do some contribution (on this website)soon to him and IV core team for their fruitless efforts.

    ONE REQUEST FOR EVERYONE - Please contribute some money from your pockets to Aman ASAP and make him happy...

    PRAISE THE LORD !!!





    misanthrope
    10-03 11:48 AM
    Yes you called sleazy consultants..check your stmnt.
    Ok, clearly you did not read what I wrote or you did not understand it. Here is what I wrote..
    "Well, I don't think gctest is against EB3. He is against consultants from sleazy bodyshopping companies, which is right.". Some one left me a red saying "not all consultants from sleazy bodyshopping companies are incapable." I agree and I never said that. If I came across that way then I apologize.

    Everybody is trying to survive in this world ..diff people react differently to same situation..lying on resume/achievements is not illegal(reason y no body is prosecuted because of this fact..they are simply denied that benefit) however its unethical ..but iam not here to preach ethics.
    VERY valid point. But my question is, do you support it?

    A fictional scenario to check whether you are ready to take advantage of a loop hole if its in your favour.( A nice quote on this -Everybody likes discrimination when its in their favour and they dont raise their voice then)
    Yes, nice quote and very true too. But again, that is not the argument here.

    My point to say all companies lie/manipulate things to certain extent..desi consultants atleast dont deprive lives like other BIG companies where shareholders are kept in dark until they realize that company is no more worth anything.
    Comparing one wrong doing with another does not justify as an argument. It is actually a logical fallacy. In other words, 2 wrongs do not make a right. Try doing that in the court of law.

    Iam not supporting any malpractises are anything anyways this is not a criminal thing its just immoral ..
    Malpractices are criminal (if law is violated) but a corporation cannot be tried criminally because it cannot go to jail.:)
    You may have noted that I did not bring up morality even though I wanted to because everyone has a different measuring stick for it.

    however if theres a loop hole and people want to chance it its upto them. They will be appropriately denied if they are caught, However its not like they are killing anybody.
    I totally agree with that. Also, I don't think they will be denied because they did not do anything wrong. System provides them with an option for doing so.

    Finally what do you think when even govt is planning to make illegals legals ..its respecting peoples wishes against legal things(ofcourse they get benifitted)Humanity/compassion is number one..rules are for our well being ..they are not hard and fast.
    That's a perspective and again 2 wrongs cannot make one right.

    Check for your reputation here i think it says some thing.
    Yes. It is stupidity by consensus.