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  • anilsal
    06-24 09:54 AM
    If her lawyer is quick to respond then you can keep everything ready including medicals and anytime date is retrogressed should apply immediately or the second option is apply for EAD and AP and I-485 case and go tense free and use EAD if you want to change jobs and don't worry about EB2 and EB3.
    If the removal of AC21 succeeds in CIR, then forget about switching jobs.





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  • mrsr
    06-27 04:00 PM
    yes enter till 2010 , if u can see on the left of yr 797 the i94 number might be same as yr white card ( provided u have not gone out of country ) .... that will mean that yr white card validity have been increased till 2010

    Can somebody answer this....





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  • bikram_das_in
    09-23 11:02 PM
    Has anybody calculated how many spill over visa numbers will available from 2009?





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  • l1fraud
    06-13 05:22 PM
    I think you are doing the right thing here. My question .. what are the typical signs you need to watch out for to determine L1 violations are happening? How do you collect information / evidence that ICE or USCIS could find helpful and act upon?


    'Symptoms' of this violation are

    1. If your outsourcing partner (TCS, CTS, IBM etc) brings in a lot of resources and places them in client managed and executed projects and all these resources are supervised by client managers then there is a violation (pretty sure that more than half of the resources from these companies would be in L-1B, please refer the statistics published in this discussion).

    2. If these resources are used for any common technical skills (Java/.Net/Oracle etc) in their projects, then you can expect a violation because all L-1B petitions are approved by uscis/consulate for speciality skills/tools. If you verify most of these petitions they would be approved for some XYZ internal tool specific to these companies (couple of L-1B brothers where generous enough to share these information). If these resources are used for any other skills/tools then there is a violation. In case of Blanket L1 petitions its pretty easy because there is no blanket petition approvals for any common technical skills.

    Hope its clear to you now, please try to educate your client management first and try to avoid such a scenario, most of the times these outsourcing vendors won't budge to open up these petitions and then you have to report these cases to the corresponding authorities. One way we are doing good to L-1B resources, they can ask their organisations to process H-1Bs using this oppurtunity and come out of the bonded labour.



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  • jbr
    03-10 01:21 PM
    I have been a reader on this site for years and have contributed to many of the fund raising campaigns. I agree with many of the comments on this thread. Brothers and sisters we need to team up and clamour for fair treatment; let us all contribute with dollars and sweat. I assume most of us on this site can afford to contribute a lot more than we have in the past and the potential rewards (fair opportunity to Immigration) are immense.

    I have personally been in the US for ten years and believe I have contributed to the society a lot - while being a law abiding tax payer (I wish I could use the word citizen). And my story is not any different from any of yours. Why then we haven't gotten what we deserve at this point, afterall we have earned it by our sweat. The reason is we haven't realized our strength: in numbers, in dollars and in our contribution to the American society. No one is going to listen until we make our plight known to the public at large and to the law makers.

    Some thoughts on how to go about doing it. We need a detailed plan with names of volunteers who can contribute their time. The plan should also include a list of key law-makers we are going to contact and how. All of this will cost money - so the first thing to do is support the fund-raising efforts. I also think we need to increase the fund-raising target by a lot; because the stakes are so high.

    I apologize if I have wasted anyone's time with a long post. And I thank all of you for caring for one another and by sharing so much info with all the silent readers of this site. I have learned more about immigration from this site than my employer or immigration attroneys could ever share with me.

    I will now put my money where my mouth is by making a contribution to Immigration Voice.





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  • snathan
    04-24 06:29 PM
    "Provide safeguards for visa holders so they know their rights under the law. This would include wage rates and access to benefits."

    What benefits are they talking about here?? As far as I am concerned, H1B visa holders have to no benefits... we pay SS taxes, federal taxes, Medicaid, state etc. As soon as we loose our jobs we are told we have a couple of days to leave the country - even when we have been here for years. What an inhumane way to treat a tax payer.

    he hee... you are dreaming too much. If you are not paid properly the DOL will help you get your wage. Nothing else.



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  • Libra
    01-11 12:45 PM
    guys, please send letters to President and IV.





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  • aquarianf
    06-18 12:10 PM
    A lot of lawyers try to preempt a possible RFE by including "AS MUCH AS POSSIBLE" documentation. 3 years of tax returns prove nothing more than what 1 year of tax return would prove.

    Also, having a tax return of 2004 doesnt prove that you were in status at all times during 2004. Tax return shows total income that includes salary, bonus, deductions etc, and even Einstein cant figure out the immigration status in 2004 and whether the candidate was in good status at all times just by looking at the tax return.

    Some lawyers send many years' tax returns, thinking that it might pre-empt the RFEs. Some lawyers send only whats neccesary. I've heard that one of the lawyers in New York doesnt even send employer's letter. That means, basically nothing from the employer. And he too gets cases approved.

    Overloading the USCIS with a heavy file, sending a ton of things in addition to what they expect, may be a good strategy if you believe that it might thwart a RFE (and the delay caused by RFE). However, sending too thick a bunch, would also make your case look like a "difficult" case. (my belief, I dont know but just common sense would indicate that thicker bigger files are complicated cases if you give it a first look). And what that means is that it will get delayed because the CIS ombudsman report has documented that officers tend to work easy cases first (get the low hanging fruit first) and beef up their performance statistics by doing more cases in less time. Therefore, the complicated bigger cases that should be work on first, instead get worked on last.

    So think a little before sending USCIS 20 pounds of paperwork. More paperwork and overwhelming USCIS with documentation may not mean faster RFE-free processing. (Again, my belief - something to ponder about. But do what you think is right and what your lawyer tells you. I am not a lawyer).

    Logiclife,

    Seems what you are talking makes some sense. i didn't think that way. I would just follow my attorney's recommendations to send only what is required.



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  • gjoe
    08-07 10:25 AM
    I am saying there are problems with USCIS not just the one you are pointing out.
    My point is if more and more people like you file lawsuits against USCIS for the different kinds of injustice they think USCIS, DOL and DOS had brought on them, we ( all EB categories)will be in better shape to fight together for the bigger cause which is more predictable process and processing and closing as many loopholes as possible in the employment GC journey.

    Thank you , you are the first one to understand my message.
    Thousands of people are paying thousands of dollars to port to EB2 but they can't spare even a shameful 5 bucks to support a truly great initiative.
    By the way , I am serious about lawsuit. As it will block an easy way out for most people.





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  • whitecollarslave
    03-28 03:28 PM
    So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?

    As per Ron Gotcher, "Anyone with I-140 portability and an EAD is a "US worker" as that term is defined by the Department of Labor.".
    See:
    http://immigration-information.com/forums/showthread.php?t=4704
    and also
    http://immigration-information.com/forums/showthread.php?t=4702



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  • sundarpn
    01-18 11:47 PM
    I called the department of state, visa's section to enquire about this PIMS verification. They said that KCC handles it. When I called KCC they said they cannot check ahead of time :mad:


    Folks who had delays in getting H1b stamped due to the PIMS system:

    Can you look at your I-797 and see if there was an A number (something like A123 456 789) mentioned under the "Beneficiary" box?





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  • MeraNaamJoker
    08-18 03:20 PM
    On Aug 17th the message changed to "On Aug 16th Card Production Ordered...."
    when should I expect the card in mail?

    For me and my family, it took exactly 11 days for the cards to arrive after the CPO mail.

    6 days from CPO mail I got the Welcome Notice or Approval notice.



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  • GC_ASP
    04-06 08:12 AM
    EB-2 Movement in May
    April 5

    Will EB-2 India will advance "substantially" in May?

    There are 18,000 persons with EB-2 priority dates in 2006 who are waiting for green cards, 13,000 of them from India.

    Given the 7% country quota, we expect the India EB-2 to move forward in May between 2 weeks and 2 months.


    * This is seems to be completely different from what they claimed "substantial" before.....:confused:





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  • gk_2000
    03-30 05:32 PM
    *its

    Sorry couldnt' help it.

    couldn't

    Sorry, couldn't help it either :p



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  • bank_king2003
    08-16 05:44 PM
    My case is at the local USCIS service center. I opened an SR on Aug 12 and got an email response encouraging me to apply for an Infopass appointment: "We have determined that your case would have a better result if you make an appointment to visit your local office, so you may speak with an Immigration Services Officer about your case."

    I now have an Infopass booked. Let's see what happens. My case is pre-adjudicated since we had an interview two years ago.

    Should it go any further this way, can anyone please explain the process of Ombudsman / Congressman / Senator et al?

    Thanks in advance.

    :confused:

    hello, my case is exactly same. lying in uscis san francisco office. interviewd 2 years back.
    still waiting. i took an infopass at the local office but no use. the IO told me wait for 60 days and you would hear something.

    which local office is you case lying ?





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  • CADude
    10-12 03:37 PM
    Email: "PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>

    Help required from all pending applicants to show the trend to CIS Ombudsman. Unless we complain and make noise USCIS even don't reconize and accept the problem.
    Thank you

    CADude,

    Do you have postal address or fax of Ombudsman office readily available with you? I remember having seen it, but can't quickly find it. I will send my details to Mr. . USCIS simply brushed aside the issue of FIFO by just saying that it could only be a rare case of an error or special attention needed, which obviously is not true.



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  • makemygc
    01-26 02:41 PM
    "Well Established Visa Requirement"....are you kidding me? It's not only about the visa requirement but the treatment that you get from those morons at their airport. Read the heathrow experience which people have posted and we are not making this up.

    Tell me this...You are going to your home country via london where your plane is only going to land and probably refuel and you can easily be asked to remain in a cordonned area where you cannot go out of the country. How in the heck can you think that person is going to step outside of the airport and sneak into their country. Don't you think that asking for transit visa from the passengers of the plane which is only going to touch that sacred land to just too much. Ok...we don't mind that...but atleast be courteous. What is the reason can you think of another stupid security checks plus asking passengers to stuff their personal hand bag in their cabin baggage where clearly this is allowed for the passengers.

    This does not make any sense unless you reason out that with other possible reasons like race, color etc etc.



    It really is amazing how much hot air has been generated on this thread over a well established transit visa requirement.

    The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.

    The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.

    It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.





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  • franklin
    07-09 07:45 PM
    Leave the late night comedians out of it.
    Who do you think they will poke fun at? USCIS, Emilio Gonzalez or the people spending thousands of dollars on flowers that wont even reach the office of the intended recipient?

    Actually, I'd say (especially for Stewart and Colbert) that they'd be poking fun at the right people





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  • PBECVictim
    06-29 05:35 PM
    I am joining Law Suit. I am leaving this country, if they make it 'U' for Eb2 and Eb3 for India.





    arkrish68
    09-09 05:38 PM
    I wanted to put down the various steps I undertook or have happened since my PD got current in hopes that it might help anybody...

    PD: Nov 2005 EB2 @ NSC got current in August.

    We were in India when my wife got a FP notice in July. Missed it completely but was lucky that the lawyer realized we were on vacation and requested a postponement of FP appointment.

    The original FP appointment notice was for July 7th and we never received a second appointment notice until Aug 20th.

    In the meanwhileI travelled back to USA and opened SRs, Infopass and sent emails to NSC, Opended an Ombudsman inquiry, contacted senators separately for myself and for my wife. I got GC approval on August 10th.

    My wife had her FP taken on Sept 3rd and today we received CPO email for her too. Good luck to all who are waiting and I suggest do everything you can like SRs, emails, contacting senators, ombudsman inquiry, infopass appts. Not sure what worked.

    My Main conern was that my AOS (principal applicant) would be stalled because my spouse (dependent) had expired FPs and we missed an appointment. Apparently this turned out not to be the case.

    Thanks IV for a lot of useful information. All the best to everybody.


    Can you please let me know how to initiate ombudsman inquiry.





    gvenkat
    09-23 08:01 PM
    we have a total of 48,000 eb-2 and 68,000 EB-3 i would think this number includes the Spouses,children etc. so all it needs is 120,000 visa numbers am i right? SO based on that what are the hopes for EB3-I in the next year or so



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