Thursday, June 9, 2011

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  • gconmymind
    04-29 04:50 PM
    We still have a long way to go. Can we cross 10K by today?? Keep going..




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  • cin45220
    03-26 10:46 PM
    @smuggymba

    Your's is not a valid argument - you didn't apply so other people shouldn't apply.

    Laws are written by men. They may have loopholes and people may take advantage of these loopholes. Accept that...

    Everbody need not be as scrupulous as you are.

    -CinBoy
    (EB2)




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  • knowDOL
    04-06 10:47 AM
    Thats right, eventually when the H1B emploee gets Employement Authorization through GC process, the H4 spouse automatically becomes eligble to work and have better opportunities than any H1B holder. Why can't a H4 have a work authorization same as J2 or L2 or E2. Does ImmigrationVoice considered this thought and thinks as a good point to raise it to the senate in one of their efforts?




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  • greyhair
    05-18 08:21 AM
    Sent, so easy.

    I sent emails to my colleagues in Accenture and the HR to send it to all others in the company.



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  • paskal
    07-17 08:38 PM
    I am EB-3 ROW PD 2007 Aug. Reading all the Eb-3 I people's angry, I started to wonder what's gonna happen to the EB-3 ROW. Seems like if lots of Eb3-I change to EB2-I , They will probably eat up all the Spillover from Eb1, EB2 ROW from now on. That makes EB-3 ROW and EB-3 I become the same boat.
    Is it what gonna happened? and think about how many people can afford to spend an extra 10k to change the status from EB-3 to EB-2? That's totally not fair. We need to take action all EB-3 ers!!!!!!


    danny,

    i do not think its' quite that bad for EB3 ROW. the spillover system now in use is what USCIS was already doing till 2005. only in 2006 did the vertical spillover have any impact, since 2007 numbers were skewed by July. so things really have not changed that much for EB3 ROW. they will still get the large bulk of EB3 GC numbers, while retrogressed nations are limited to 7%.

    also i do not think every future filing can be EB2. as it is USCIS a DOL appear to have tightened their scrutiny and narrowed their interpretation for both EB1 and EB2 approvals.

    you are right of course that we must do something that helps everyone. recapture asap and then getting GC numbers increased (whether an absolute increase or exemptions) is the only solution.




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  • GreenCord
    07-21 02:16 AM
    Thanks for your feedback. But processing a '05 labor cert before a '03 labor cert is injustice at the most ugliest form. No where, I mean no where in the world are people going to accept someone who came later in the queue to be allowed to have service before people who have been waiting for years together in the queue. Why would anyone do that and how is that justified? It is a mental worry and stress for the affected folks right now because we are still waiting with uncertainty. Why should we? Why????

    So whatever happens in the future isn't the concern. There are no guarantees offered as you know with these processes. If it happens it happens and we will take it at that time.

    The point is to bring to the attention of the proper authorities this injustice in the system and to make sure that we are guaranteed some form of relief/concessions. As you know the filing fees are going to increase and again there are no other guarantees.




    Hello risker,

    As I said your claim is a valid one. Having said that filing a lawsuit against the agency and getting a suitable verdict is very difficult.

    Its seems you are new to this area (lawsuits) and I would recommend you to do some research on how many immigration complaints that were filed during the past 10yrs ended with the plaintiff winning.

    Lawsuits in the US is all about money. Its not like getting an attorney and filing a complaint and then hope to win. This is why people always like to go for settlements since lawsuits can be thrown away even before a trial during summary judgement. Do you know what is the average fees for an attorney ?
    And do you know how many attorneys you might need to make a strong case ? Do you have any idea of what kind of Judge might preside over your complaint ? Do you know what is discovery ? Do you know the onus is on you to show that USCIS has broken the law ? Its not enough to tell the court the USCIS has made a serious mistake. The court will not listen to that argument. You will have to proove to the court what is the law that the USCIS broke.

    I am only telling this from experience as I know this game inside out.

    Anyways I wish you all the best, who knows you might just win.



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  • NolaIndian32
    04-28 10:18 AM
    Thanks for your support M306m and Surabhi!!!

    Go IV




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  • kdasbiswas
    07-23 04:50 PM
    Vaman is great - extremely professional and knowledgeable. He responds to emails personally and very promptly. My company has been dealing with him since 2003 and we have had a great experience so far.

    Hi - Does anyone work with Vaman Kidambi, bridgeport, CT. Please let me know the feedback on this lawyer.



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  • piyu7444
    03-20 10:01 PM
    Thanks piyu7444.

    Yes there is and it is called visa portability. :)

    Ok, Here's the law says about so called "transfer"

    D. AC21 105 -- Visa portability
    The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:

    (a) the nonimmigrant was lawfully admitted to the United States;
    (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
    (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.

    The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.

    Further it says,

    The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.

    There are few other memo's on this I will try to post the links for reference

    Good information but 'transfer' is a widely used word which is technically incorrect. "Transfer" never happens, its always a NEW PETITION when one switches employer or applies (through an employer) for authorization to work for new or 2nd employer. Probably 95% immigrant community including lawyers use the term 'transfer' but it is indeed incorrect.



    Thanks to all who shared knowledge and pitched in.




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  • karmika
    12-11 09:39 AM
    http://www..com/member/oldmonk/

    Go OLDMONK!!

    True representative for http://www.wineglobe.com/12170.html



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  • Circus123
    02-29 02:59 PM
    I could arrange 10 letters for the campaign.

    Go IV!




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  • onemorecame
    08-06 12:07 PM
    You stand a better chance of getting it through your kids if they are citizens than getting it through EB3. There are a few options to get green card faster. Canada is not one of them.
    1. Get a Ph.D, get a job in a univ and apply in EB-1.
    2. Get a MBA and get a management job and apply in EB-1.
    3. Become a religious worker in some temple and apply in the religious worker category.

    2) Get a MBA and get a management job and apply in EB-1.
    Please describe which kind/feild of management job we need? is any management job in any IT company is fine orwe need within a some specific feild to qualify for EB1?



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  • kshitijnt
    06-15 12:08 PM
    Agree with you 100%. I have been waiting patiently all along hoping something good would happen for EB3. I am talking to my employer if they can port my case to EB2. I have a master's degree and about 13 years of experience (8 years in the current job). My only concern is if the new EB2 labor or I140 doesn't get approved for some reason, can I fall back to my current EB3 application. I don't want to jeopardize my current application just by deciding to port to EB2. Any suggestions?

    If I were you, I would make it clear to the employer that you qualify for tier 1 in UK and educate them on benefits of tier 1 vs waiting for green card then go from there. It worked for me.




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  • Totoro
    05-22 11:36 AM
    The lawyers are still working on the background research they need before they can make a case. This can take some time, but I will update you if anything new comes up.



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  • alterego
    09-04 05:05 PM
    Someone asked earlier, who changed their mind after reading Jaime. I did after one of his earlier posts.
    I was decided on not going, but then as I spent more time on this forum, I realized it is definitely the right thing to do. If not us speaking up then who? Simply answer that. How do lawmakers even know that we exist, that an injustice is happening to us, that we feel frustrated about our situation. They keep getting lopsided anti immigrant venom from some well organized and well funded groups and keep hearing about illegal immigration. Our pain however has resonance with them. We played by the rules, we came and lived legally at the invitation of our AMERICAN employers and the US gov't certified that there is no one to take the jobs we are doing, we paid taxes, we have integrated into society and we are asking, why are we being made to wait this long?
    What's to feel bad or shy about in that?

    I'll tell you something, those who are skeptical simply do not understand how this country works. It is a representative democracy and people pressure and protests and lobbying DO WORK. Otherwise lobbying would not be the biggest growth industry of the day. There is no other way to inspire change, and it has been, can and will be done. I have seen it time and over again.

    The final point I wish to make is, those coming to this rally have pre-selected traits. They are the pre-selected ones who are programmed to be successful in this country. They understand it and are proactive and entrepreneural and willing to spend, take risks, take a leadership, are responsible and will do the right thing. These traits have been and will continue to be rewarded in the long run in this country. I wish we can project that our community has many of these people.
    Those meek, follow the leader, risk averse, miserly, behind the back types, may have their little breadcrumbs but will never have the attributes to achieve anything of note in the USA anyway. They will continue to find lame excuses for their lack of progress.

    Every reader needs to decide for themself which type he/she is. This is after all the greatest country in the world that you are asking for acceptance into.




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  • cooler
    06-26 09:52 AM
    Wohooo!!

    Made my first call and am beginning to feel like a contributing member of the forum.

    Albeit, a little unsettling at first, a great sense of satisfaction prevails after the call.

    Cheers



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  • mhathi
    06-24 09:38 AM
    Boss, any suggestions here?

    Thanks.

    Just apply for taxes normally next year with your wife's SSN and you will get the rebate next year




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  • Aah_GC
    09-12 10:10 PM
    Jab fat-ti hai to IV yaad aata hai otherwise just be free rider :mad:

    Yaar fir teri hamesha fat-ti reh-ti hai kya?




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  • sanjay
    06-23 11:47 PM
    Hi,

    Sorry for late jumping on this old topic. But, applied for SSN for my wife and got it in mail. Now what? My taxes for last year were applied in feb this year. How can I tell IRS that my wife got SSN now and she is eligible for Stimulus package?

    Can I claim this amount next year when I file my taxes?

    Thanks.




    silibili
    05-17 01:45 PM
    Done.

    Thanks!




    eb3_nepa
    05-26 09:42 PM
    One more question.

    Where do you file if you are filing at the Texas Service Center?

    It says:

    USCIS Texas Service Center
    P.O. Box 851182
    Mesquite, TX 75185-1182

    However Fedex/UPS will not deliver to PO Boxes. So does that mean we can send it ONLY via USPS?



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