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  • ajju
    03-18 10:26 PM
    I think Nixtor should explain why he even bothered to call Mr. Foggs' number. There are many many people in this forum with incorrect phone numbers. Why nixtor is not banning all of them. There is even a member with handle 'taliban'.

    Nixstor did explained his actions and I concur... Controversial handles should be banned... Handle "TALIBAN" was banned and same member opened new handle "TAWLIBANN" saying his name is Tawlibann Foggs...

    Anyway we should close this issue.. I do find tawlibann's posts decent and non-offensive.. Only thing is we need to practice some respect to the communitity when chosing a handle... Its just not this.. there could be potentially other offensive handles.. So I'd say there should be a step/check in registration process to monitor/regulate handles... You won't like any handle offending your religious beliefs, dis-respecting your nation or humanity itself...

    Just my 2 cents... We should stop this discussion and focus on immigration issues...

    RED DOTS: Looks like lots of people are in excuse of getting offended.. and spreading RED DOTS... Good Luck...





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  • prinive
    04-07 05:09 PM
    Thanks..

    Congrats buddy!





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  • gc_on_demand
    11-14 10:31 AM
    Why do u limit urself to just sending letters. Whhy can't you approach Zoe's office, why can't you take the lead?

    Dont take me wrong on this one... but If I am not wrong rajuram wants some one from her dis. to call her. Here is my experience in this week.

    I called Zoe's Office recently but lady over phone told me to call my local lawmaker. She didnot give any detail on HR 5882. She told she is not aware of it right now. I went online to send email but I got this message when I put my zip code.

    'Access to the requested form is denied, the zip code which you entered does not provide access to this form.'

    We need some one from her district to call her office and find out.

    We need support from california members on this one.





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  • CADude
    02-21 11:16 AM
    YES and YES.

    How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.

    Not that i want to. just out of curiosity. thanks



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  • stucklabor
    07-25 08:43 PM
    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.


    Once more unto the breach, my English friends.

    BKarnik, there are sections in INA that use the phrase "Employment Authorization". For instance, see this base page for INA.

    http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20?f=templates&fn=document-frame.htm#slb-act

    Sec. 106 deals with Employment authorization of battered spouses, right on the front page of the link. There are other sections in INA that deal specifically with Employment Authorization. The problem obviously is that each class of aliens eligible for Employment Authorization has their EAD specified in their own section. 8CFR ties all of these classes together in a single place.





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  • alterego
    02-20 04:39 PM
    Thanks for sharing your insight.



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  • paskal
    07-03 09:13 PM
    If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc

    USCIS does not read our forums and will not take action from a forum post.

    If you see something wrong, and you feel strongly about it, Do not let it happen.

    In hindsight I think we should have done it for labor substitution too.


    nixstor, you right of course. i was not comparing it to labor sub, just pointing out that there are a myriad of loopholes. the EB1C is hardly meant for employees already here- sending them out and bringing them back is legal- yet its very much a loophole being exploited. in many cases - again just my anecdotal observation, the position is not just a fake manager- yet the position is not the real "concept" of a multinational manager either. i have seen attorneys in big corporate firms getting EB1c by this method.

    i do believe though that over time USCIS has become aware of this activity. A little skimming of EB1c posts on reveals a great deal of new scrutiny for the EB1c 1-140 petitions. The same is true when an entirely new employee is being brought in. they are asking a lot of questions on company structures, hierarchy and individual roles and responsibilities....





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  • nonimmi
    02-21 01:52 PM
    yes, you can unless your eb3 I140 has been revoked for fraud or misrepresentation of facts.

    Good info.

    My attorney said EB3->EB2 is not possible now. Can you please post some link for this and pm me some attorney you may know have done this before.



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  • acecupid
    07-13 11:22 AM
    And has your lawyer sent a letter - if not, why is he/she still waiting to do so. Did you exhort her to do so. Will you exclude yourself from any AILF lawsuit benefit.

    You are missing the forest for the trees friend - Its not one agianst the other. Focus on the objective.

    I am not saying my lawyer is any better, all these lawyers are nothing but blood suckers just like the employers. I'm just disgusted that people can stoop so low. The objective might be the same, but the intentions are far from it. I hope you understand that my friend and stop being a PR rep for murthy or any lawyer. :)





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  • cgs
    11-22 02:54 PM
    I think the salary mentioned in H1B petition could be different the one in LC. Employer is bound to pay the salary mentioned in the H1B while employee is on H1B, the salary mentioned in LC only needs to be honored after obtaining GC.

    And how about the job title mentioned in the both petitions, could it be different?

    For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
    Please correct me if I am wrong.
    It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

    Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

    With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.



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  • johnamit
    06-13 10:19 AM
    I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.

    Please check this out...might give you guys some hope and laughter :)
    immigration_the_human_cost (http://www.theonion.com/content/video/immigration_the_human_cost)





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  • GCwaitforever
    12-26 04:24 PM
    Business needs define rules in this country. Western Union was sending money to mexico. Then American Banks started chipping into that business, accepting different documents as valid for money transfer. You get the drift.

    As for Citi bank not opening e-accounts for existing account holders, it is a bit surprising. Once they vetted you in the process, they are repeating it just to verify your identity? My bank lets me open different accounts online as I am known to them for a long long time.



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  • alterego
    06-08 07:09 PM
    Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!

    coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
    Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.


    Agree with your logic. However, if there is anything about the USCIS/State Dep't we have learnt over the last 2 yrs, they and their rules/logic is inconsistent at best and idiotic at worst. When someone picks and chooses which guidelines they follow at different times, and interpret the rules in such a haphazard manner, predicting anything in this regard is about as accurate as predicting the weather on the day I get my green card.





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  • singhsa3
    03-03 12:40 PM
    MSG TO THE NEWS MEDIA
    Please note that this site is visited by approximately 400-500 regular visitors daily. Though the sample size is here small but the idea is compelling and the potential is very real
    Some of the statistics can be found at http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf


    Green card process overview:
    Stage 1: Labor Certification (or the PERM process) => Government scrutinize that qualified citizens are not available to perfom the "highly skilled" job.
    Stage 2: I-140 stage=> Government scrutnize that the person for which immigrant visa is sought is elligible and the company has ability to pay his salary
    Stage 3 : I-485 or Adjustment of status : Now the immigrant waits for the visa number to be available and adjust his status to that of a permanent resident.

    Most of us are in stage 3.


    We are stuck in stage 3 waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
    Getting a mortgage is a lot easier if our immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage/Finance companies dont accept that.

    Futher reading on our proposal to the government: http://immigrationvoice.org/forum/showthread.php?t=16506

    .

    MSG TO THE POLL PARTICIPANTS
    Objective of this poll:
    a) To assess if the idea has any strength
    b) Invite media attention to the issue
    c) Develop a task force to float this idea around.

    Folks, even if 10% of us ended up buying a house, that is 100,000 more buyers in the market.
    Some of us had their mortgage application rejected on the grounds that EAD is valid for only one year, even though their credit history, down payment, income stability are upto the mark.



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  • 3d Nirvana
    03-07 06:31 PM
    sry guys, i have to pull out. I have a big essay that has been assigned and i cant spend the time needed to make a good entry. sry!

    i'll make one later and just post it in showcase :)





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  • kartikiran
    03-17 01:52 PM
    Pd Mar 25th 2002
    I140 Ad 06/2006
    I485 Rd 06/2007



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  • atlfp
    03-15 11:27 PM
    It has to do with the labor processing. Before PERM was implemented, Labor certificate took a long time for a lot of States. So a lot of EB2 people was stuck in the labor cerfiticate stage when EB2 was current. Now they've passed that stage and are waiting.


    C'mon guys, what the hell have you been doing for so long?

    I mean look at the archived Visa Bulletins, you observe the following:

    1. EB2 was current for India ALL THROUGH 2003
    2. EB2 was current for India ALL THROUGH 2004
    3. EB2 was current for India till August 2005
    4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007

    5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months

    What more do you wish for?
    I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.

    This is pathetic. What the hell have you been waiting for?





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  • vkrishn
    07-13 01:57 PM
    I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.

    Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.

    I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?





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  • sujith1
    11-23 10:06 AM
    I had a talk with my lawyer and he told me that the salary can be increased. The only condition is that it cannot go below the salary specified in the Labor petition.

    Title is always handled internally so that should not be a problem



    It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

    Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

    With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.





    syedajmal
    03-09 11:26 PM
    We do have a lot of discussions and a lot of great ideas that come by, but one thing we seem to lack is the same Enthusiasm and direction we used to see from the Core. Right to me it looks like it has been a while since I have heard from them (except for hearing from Pappu but with no action item) on what is their plan and what is happening.

    I don't mean to criticize them as the whole awakening and this forum is a result of their awakening. But they seem to be missing or at least haven't seen any updates. I am probably not one of the highest contributors, but for me to further contribute in the future I need to see hope in the activities here And I don't see that now.

    I also don't wanna come up with fresh ideas, since we already have quite a few suggestions tabled by the core on which we need an update and also from other members.

    We need leadership and action. Not more members or $$$. With leadership I think the rest will follow.





    Guest007
    12-12 12:48 PM
    Guys I have a basic question if filing for 140 and 485 concurently is rule that uscis can change.. why cant they change a rule to file for EAD and AP after 140 is approved. Since these two are seperate all together from 485 anyway, all we need is filing these two. and 485 can filed when numbers are available.



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