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  • sunny1000
    01-19 10:40 PM
    Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

    On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

    On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

    One of the TSA security personnel’s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

    I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

    Sir, are you a US citizen?

    I said, No

    Then, he asked me, can I see your immigration documents.

    I have shown my passport to the police officer.

    He looked at H1-B visa and I-94 and asked me; who do you work for?

    I said my employer’s name.

    Later, he gave me my passport back.

    Now,

    I have asked the Police Officer few questions

    1. Sir, I’m in domestic traveling, is it mandatory to carry my immigration documents at all times?

    Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

    2. What would you have done to me, if I had failed to present my passport?

    Police office said, I could have DEPORTED you.

    3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

    Police office said, No. Technically, you must carry original documents at all times.

    I would advice you to carry Passport at all times.

    I did not know this until Police Officer told me about this LAW.

    P.S: BTW, the Department of Homeland Security (DHS) level is in “ORGANE”.

    Are you sure that it was a police officer and not a CBP inspector? The reason I ask is that the fact that you mentioned that he said that he could have deported you. Also, it was after the security check where CBP inspectors are present usually.

    I was stopped by a cop for allegedly speeding in Vermont. The second question after asking "do you know why I stopped you" was that "what nationality I was" and "am I a U.S citizen"? I answered him and he asked what was my profession. After that, he just took my drivers license and issued a ticket. He also gave me a break and reduced the speed reading by 5 miles in order for me to pay lesser fine. He did not ask for my passport or immigration papers.

    I flew into JFK last week from India and there was a CBP inspector standing at the yellow line where I usually wait for the next available inspector. He asked for my passport to see the visa and then, he let me go to the immigration counter for processing by another inspector. This is pretty new as I flew back to JFK from India in Nov and I was not screened before getting to the immigration counter.





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  • masouds
    02-15 04:56 PM
    :mad:

    Can you let me know, why US is applying this logic to 15% of EB immigrants only, while leaving it open with out any limits for FBs and Others which constitues to the major part of immigration?

    Sure.
    If, say, my dad was an American, I'd be an american too.
    If my dad was a green card holder and I was born outside USA, I could apply for the same thing as well. Why should I be limited to the per country quota?
    That was the logical answer. The Real answer is, because they have better lobbists :-)





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  • tikka
    07-03 10:35 AM
    /\/\/\/\/\/\/\/\
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  • sunnysharma
    07-05 03:42 PM
    I strongly believe that Immigration Voice website should be paid website.
    People should be willing to spend $20 per month for the information the website provides(foreg: It was useful for self filers to file I485 and saved atleast $2000 each person), I think $20 per month, should be enough for maintaining 99% reliable website and for its lobbying efforts and law suit etc.

    Guys please share your thoughts.

    even if 3000 members join paid website that will be 3000*20 = $60000 per month and $720000 per year which is substantial amount to perform lobbying, law suit, maintain website etc


    $ 20.00 per month is not bad at all...This is min. we should be contributing to site..



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  • espoir
    09-19 11:20 AM
    I was just checking the domain name availability. legalimmigrationvoice.com and .org got taken yesterday. Hopefully its the core or someone supporting member of IV.





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  • meera_godse
    01-31 02:48 PM
    My brother had horror stories when he was working in CA. His close friend cousin owns a company and he blindely trusted him. They forced my brother to sign a contract in the amount of $10000 if he leaves the company. He spent there for 6 months and found it horrible.
    Thanks.

    if its not a problem, can you please share the name of this contrator. it can help people like me stay away from them.
    also can someone respond to the travel query i posted. thnx



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  • zuhail
    04-11 01:23 AM
    A very useful piece of information has been brought to our attention by shiankuraaf.
    Thank you very much!

    http://www.dhs.gov/ximgtn/statistics/publications/LPR08.shtm

    Table 6 Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 1999 to 2008

    http://www.dhs.gov/ximgtn/statistics/publications/YrBk04Im.shtm
    Table 4 Immigrants admitted by type and selected class of admission: fiscal years 1986-2004

    Employment-based preferences (Total Number)

    Year QUOTA ISSUED Unused/Excessively used
    1986 140000 56617 83383
    1987 140000 57519 82481
    1988 140000 58727 81273
    1989 140000 57741 82259
    1990 140000 58192 81808
    1991 140000 59525 80475
    1992 140000 116198 23802
    1993 140000 147012 -7012
    1994 140000 123291 16709
    1995 140000 85336 54664
    1996 140000 117499 22501
    1997 140000 90607 49393
    1998 140000 77517 62483
    1999 140000 56678 83322
    2000 140000 106642 33358
    2001 140000 178702 -38702
    2002 140000 173814 -33814
    2003 140000 81727 58273
    2004 140000 155330 -15330
    2005 140000 246877 -106877
    2006 140000 159081 -19081
    2007 140000 162176 -22176
    2008 140000 166511 -26511

    Sum total of the differences from 1986 to 2008: 626,681. Vow!!!

    So when looked between the period of 1986 and 2008,
    there were a total of 626,681 un-used visa numbers that can be re-captured.

    This is based on the BIG assumption that the yearly quota for EB categories is 140,000 from 1986 to 2008.
    Does anybody know how to verify this important assumption online --a link to a gov website perhaps?

    It would be good to verify when the law specifying 140,000 visa numbers per year was passed and
    what were the criteria for visa number usage prior to the existence of the law.





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  • greenlight
    08-17 01:45 AM
    hi everyone,
    I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.

    I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
    I recently got a master's degree in another field, and my current job can hire me in a different position.

    Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?

    Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.

    Thanks.



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  • shantanup
    03-16 05:44 PM
    Infinite_Patience_GC,

    Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.





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  • dressking
    09-26 11:53 AM
    I think we should start a media campaign. Here is an easy way to get your message out to as many media outlet as possible: go to http://www.immigrantslist.org/page/speakout/dailies

    By the way, I recommend Immigrants' List (http://www.immigrantslist.org). Although this organization is for all immigrants, both legal and illegal, legal and illegal are facing the same problem: the anti-immigration sentiment. And because of the problems in the immigration system, legal immigrants can sometimes become illegal without knowing it. Plus it is so difficult to jump through so many hoops that are designed to make you illegal, there is no point to let these laws enslave you.

    We can only abide by the laws to certain extend and only if the laws are reasonable. If the laws are based on disrespect for us, we should not abide by those laws. We should fight to change those laws.



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  • signifer123
    02-15 06:20 AM
    I'm sure i could but then again i have no life :P





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  • hoolahoous
    03-16 01:16 AM
    so if you have a 4-year degree you consider yourself "highly-skilled"??
    hahahahahaha.............ahahahahahaha............ ..wait for me while i roll on the floor laughing.
    console yourself by crying yourself hoarse that you are "highly-skilled"......... a programmer/analyst/blah blah is no better than a call center employee in india.........just that you guys happen to be present here.....
    go get some real skills, do a REAL job, then we will talk.
    and oh by the way, there is only ONE school that i know of in India, that gives out a Bachelor's degree worth anything. I am sure you know what it is. I am also sure you did not manage to get through to study in that school.

    Good luck being highly-skilled. I would be amused if you are stuck in EB3 still, though......

    i am really not sure how to reply to your post.. somehow you think you are a superior being and you are the only one 'eligible' for Green Card..
    just fyi I am EB2 , and probably make much more than you can even imagine, if it somehow amuses to you (though I fail to see why)
    you seem to be intentionally trying to cause stir.. i don't want to get into mud throwing contest by stooping to your level. your comments and depth (or lack thereof) of thoughts show the kind of person you are. I will let words speak.



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  • justAnotherFile
    07-12 07:53 PM
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.

    quoting from july visa bulletin as someone had pasted before

    "Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants"

    the dos has itself stated that these overflow number have to be allocated strictly according to pd order in order to abide by the law. they are not going to publicly state this and one month later do quite the opposite.

    it must be truly a case of the uscis not providing sufficient number of approvable cases. now there could be some leeway there for uscis to help eb2-china by withholding some earlier pd indian applications saying they ar e not in approvable state. but i hope that is not the case.





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  • kondur_007
    04-10 10:28 AM
    Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...

    Here are the details for last year and years before:

    (Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))

    Employment Visas 2009

    Total Employment Visas for FY2009 = 141,020

    Theoretical values without spillover

    EB1 28.6% = 40,332
    EB2 28.6% = 40,332
    EB3 28.6% = 40,332
    EB4 7.1% = 10,012
    EB5 7.1% = 10,012

    Actual values with spillover

    EB1 40,978 = 29.1% received c.650 spillup visa used
    EB2 46,034 = 32.6% received c.5,700 spillover visas used
    EB3 39,791 = 28.2% received c.550 less visas than quota
    EB4 9,999 = 7.1% Zero spillup visas to give
    EB5 4,218 = 3.0% c. 5,800 spillup visas to give

    What is noteworthy is the fact that spillup/spillover visas were only available from EB5.

    In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.

    This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.

    I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.

    I'm not sure why FY2010 would be much different, at least for EB1 spillover.

    Additional notes from subsequent posts:


    There was significant spillover in FY2007 because (based on 154,497 total EB visas) :

    EB1 only used 26,806 out of a possible 44,186 available visas.
    EB4 only used 4,794 out of a possible 10,969 available visas.
    EB5 only used 793 out of a possible 10,969 available visas.

    That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.

    There was significant spillover in FY2008 because (based on 162,949 total EB visas) :

    EB1 only used 36,590 out of a possible 46,603 available visas.
    EB4 only used 7,648 out of a possible 11,569 available visas.
    EB5 only used 1,443 out of a possible 11,569 available visas.

    That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.

    The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)

    EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
    EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
    EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)

    That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.

    This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"

    Hope this was the info you were asking for.



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  • neelu
    01-02 11:35 PM
    Everyone who is doing such excellent job spreading the word about IV on websites:

    Please also help the Add ONE Member campaign. Introduce just ONE member to IV, by Jan 31st.

    That will go a long way in helping all of us (be it CIR or SKIL or whatever vehicle our provisions ride on).

    Please participate and help others participate in the 'Add ONE Member' campaign.

    Thank you.
    Neelu





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  • pitha
    01-28 10:56 AM
    I don’t want to start another war here but all I am asking for is a fair treatment of people and not discriminate against people based on country of birth. One of the reasons I left my country, India, is because of the discriminating that exists there in terms of "reservations" where everything is reserved based on your caste for 50%. Now please dont tell me reservations and country cap are different, they are not different they are the same. they accomplish the same purpose in case of skilled immigration.I never thought such a thing would happen in US but it seems worst here because Indians and Chinese make up almost 70 to 80% of H1 (which is dual intent) but when it comes to employment based green cards (which are based on H1) Indians and Chinese combined get only 14% of the visas, don’t you see the tragedy here? Why don’t they enforce the country cap on H1 also, that way people from India and china will not have to suffer worse than others? But US is a competitive country, they want the best available talent for H1 and that’s the reason they don’t put country caps on H1.

    Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.

    I totally agree with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.




    getting rid of country caps will hurt ppl from ROW. we need to be united, what do u say? H1B and EB visas are not related and should not be confused as related items. There are exemptions on H1b but none on EB.


    totally agree with this.

    Have full faith in IV and I am sure they will try to keep the interests of all in mind, not just of those from one country that will benefit from ending country-caps.



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  • cn0568
    07-22 11:58 PM
    I came to US through CompanyA on L1A Visa 4 months back. My L1A Visa is valid till Mar-09. I had applied for the H1B Visa when I was in India. I got the H1B Visa and now has a valid petition effective Oct-07.
    I would like to know the following.
    Can I join the Company B from Company A without going back to India after Oct-07?





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  • nixstor
    10-15 11:53 PM
    ok what receipt # are you guys talking about? i think iam little confused..

    ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about

    Yes, just notarize and send by mail or fax. The receipt number is for tracking your FOIA request and NOT for your immigration related cases.

    From USCIS FOIA home page

    Making a FOIA or PA request:

    1. To Request USCIS Records: Unless otherwise noted below, mail or fax all requests for USCIS records, including alien files and procurement information, to the National Records Center at the address listed above. Please note: ALL FOIA REQUESTS MUST BE SUBMITTED IN WRITING. Form G-639 (available from this website under Immigration Forms) may be used for this purpose, but is not required. Please see “How to make a FOIA or PA request” for detailed information necessary to process your request. Unfortunately, we are unable to accept FOIA or PA requests by e-mail at this time.





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  • NKR
    07-28 01:10 PM
    I consider myself liberal as in live and let live. This depiction pushes envelope big time. Along with rights comes the responsibilites.


    Well said, people should exercise restraint while following freedom of speech since it can hurt sentiments.

    When someone drew nu** pictures of Hindu Gods and Goddesses, all these so called pseudosecularists cite some 16th century sculpture and say that it has always been like that. Someone sculpted something which was wrong and now some people allow another wrong citing the previous wrong. 2 wrongs won�t make a right.

    The post previous to yours asks people who are complaining to take their complaints to RSS and BJP. Why?. So that they can call them fundamentalists later?. This is heights of hypocrisy.





    gc28262
    12-20 07:18 PM
    Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.

    ?
    I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
    As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )





    willgetgc2005
    04-20 02:37 PM
    Logiclife,

    If you have contacts in Cisco, Intel etc in bay area , can you please spread the word so morepeople turn out. I am about 8 hours drive form San Jose. will try to make it. This is awesome. We need to get as many people as possible on war footing.


    Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.

    But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.



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