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  • starscream
    09-10 12:38 PM
    Judiciary committe to resume at 1:00pmGot it. Thank you.





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  • NKR
    03-09 12:34 PM
    another fr***ing disappointing bulletin..





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  • nixstor
    10-15 01:37 PM
    IV has been working with officials in DHS (not USCIS) to find the exact number of AOS applications pending sorted by priority date, per country, per category.

    Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.

    FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Google docs (http://docs.google.com/Doc?id=ddkc5z3x_4cj4sxwgh) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.

    If you are really information hungry, this is your chance to get it.

    (1) Download attachment

    (2) Replace John Doe information with yours & print it

    (3) Notarize it and fax/mail it. Notarizing your request prevents from frivolous rejection

    Fax number (816) 350-5785. Make sure you get your confirmation if you fax it.





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  • amitjoey
    01-02 04:14 PM
    Is there any way to find out the number of members in IV. I talked about IV with a lot of my friends and 6 of them have become members. It would be nice to know the number of members in IV just like we know the Percentage of Target Met for $ contributions.


    From Pappu's post- total Members till now 7,921.



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  • feedfront
    10-12 01:33 PM
    feedfront

    I got an RFE on my 485 on Oct 6th. But I haven't received the letter yet. But, since my TB test turned positive and I had to take an X-ray, I'm wondering if I would get the same RFE on my 485 too. I haven't changed employers nor had any H1B breaks in my 12 year stint here. So, I'm wondering if it would be the same RFE as yours.
    In case of an X-Ray missing, couldn't we contact the doctor's office where we did our tests and ask them to mail it again? Or should we do it once again now? I did my tests in 2004, so I'm not even sure if they have copies of my X-rays with them.

    Please let me know.

    Thanks,

    Hi 'akilhere',

    You should go for new medical report as last one is too old. For vaccinations, you can use your last report but for TB and other blood test, you should go for recent.

    I'm not sure whether RFE would be for medical report. In my case, my civil surgeon was not in USCIS's current list of authorised civil surgeons and somehow, my x-ray report was missing from report also.

    It may be EVL. In either case, it is easy work as you have not changed your employer (no AC-21 issue).





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  • logiclife
    01-31 02:15 PM
    [QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.

    I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.

    Out of status is anyway no better than illegal.

    Look. Here's the deal.

    Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.

    The problem arises at the time of H1 transfer. And here is the classic situation:

    You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.

    So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.



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  • alterego
    07-15 11:03 AM
    If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.

    Speak with a lawyer. Your lawyer may be able to file a response, stating that the job offer stands and that the petition was withdrawn in error. Ac21 does not protect you, so I do not see any other options here. However, as tricky as this situation is, you should not take the advise of any of the posters here. Use these responses only to have an intelligent discussion with a good immigration attorney. The worst outcome of all for you would be a rejection for fraud or willful misrepresentation, in which case your future petitions would be in jeopardy and you would be unable to retain your PD also.





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  • feedfront
    10-27 12:25 PM
    Just few more days..



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  • dehradoon
    08-16 05:49 PM
    That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
    EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
    Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.

    Hi,

    What makes you decide on the pre-2003 PD. why should they be out of hibernation yet. As fas as I have seen May EB3 india was May 2001, we all know what happened since then. There are still a lot of cases in labor backlog with pre-2002 cases that have not yet been cleared, june/july there were thousands of cases approved for people uptil 2005. so what will happen, will in october the dates go to - "say 01AUG03", is this what you are expecting ....

    I am totally mystified by your pre2003 assumption and would love to get some more info on how that date was derived.





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  • ajju
    03-15 08:47 PM
    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?

    Most of these guys were stuck in backlog.. Welcome to the world of USCIS/DOL/DHS... Some would be Name Check victims too.. Though not many.. But a lot in backlog... Plus labor substitution...

    And when finaly most 2003 filed in July 2007 and had dates current for next 3 months.. The Processing was taking atleast 6 months...

    I seriosly hope that not may atleast with 2003 PD.. and dates should move to 2004 and beyong soon.. and this is practically possible...



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  • Aah_GC
    12-11 12:01 PM
    I 200% agree with you. It does hurt that we are home and yet are treated as aliens. Green card is a symbol of where we belong - and it would nice for Congress and USCIS to understand that we are contributing members of American society who will benefit from becoming an integral part of it. Green card should be given from a test of allegiance not from backlogging.

    Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!

    The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.

    Please attack my thought, do not attack me or my self esteem!





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  • shana04
    01-20 05:35 AM
    Friends,

    Just to educate you all.

    All Mexico border cities (from USA) require that you need to carry Passport all the times and it is mandatory. Even if you travel by Air, car, bus or train.


    If any one is planning to go to a border city especially around texas carry your passport and any legal Id (secondary). If not any border security patrol officer can stop and that is legal.

    This has been there for long time and if you have any friends especially close to border cities in Texas would know it, pls confirm.

    This is real info.

    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�.



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  • va_labor2002
    07-24 09:23 AM
    I just posted this very question on the website above. I hope it gets selected for the chat

    rpatel, Can you please talk to IV core members about this issue ? Please call them and explain your point.

    Any comments from logiclife or any other IV core team ? we should send a webfax to USCIS director immediately.





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  • hmehta
    11-20 12:50 AM
    Probably, at this moment it might still be true but the reality is that it is soon going to be demoted from this position......so there is nothing like missing the opportunity....!!!!

    Please do not take any precipitated steps that harm yours status ! Calm down. This is still the strongest economy in the world. You don't want to miss this unique opportunity !



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  • bestia
    08-15 04:11 PM
    DOS/USCIS learned to do copy and paste :) "01JAN07"

    And more serious.. it means that not all visas "were made available". So there are still unused visas. Good news for some BEC folks thought.





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  • sodh
    07-23 03:27 PM
    Employment letter is a MUST. Without this letter, your application can be denied without even an RFE. Read the latest USCIS memo. Please tell your lawyer and HR.
    Pappu is right your Lawyer is fooling you.



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  • sasi1234
    04-10 09:13 AM
    As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.

    When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.

    With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.

    It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.

    There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.

    So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend

    First of all, I registered, just to reply you.

    Yes, I am an MS student planning to graduate this dec and looking for a job and Yes, I am one of those who is studying in a low profile univ paying $6000 a sem(they dont let me in a state univ. as I have a 3 yr degree even though I have a decent GRE score) and the result - sweeping and mopping the floors for $7 and hr at a Patel Store who cribs to his death.

    I thought, what the hell, I dont have to do this and I quit the $7 job(I hate to call it as part-time job) and now I have $22k to repay.

    Yes, you bet, I am going to fake my resume and get into a job as thats the only option I have. But I know my stuff. I have seen and spoke to people with 6 yrs of *Genuine* experience and I know where I stand.

    Yeah, my first employer is going to have a hard time, but its a matter of couple of months and I'll be on track and I am probably be better than *SOME* of those who have real experience.(I am not saying this out of nothing, I worked in ITES for 4 yrs before I landed in the US and A).

    Bottom line is - Its all struggle for existence. We all(atleast 98%) came here to make money and there are different ways and some ways might hurt somebody- Just cant help. Its all in the game.

    PS: I am going to catch the next flight after I make $22k+flight and charges.
    Then why I came here- Just to get a master's and experience a new(so called) winning society.

    PEACE





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  • 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 )





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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.





    bmoni
    08-12 04:48 PM
    All Eb3 please follow the thread http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos-8.html#post1978863 . They need help looks like we may be onto something...it will be benefit everyone most important EB3.


    Don't be disappointed.
    We are focusing on another thread right now.
    http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html

    Please post your ideas on this thread.





    singhsa3
    02-21 02:08 PM
    Can some expert do the following analysis:
    a) How many projected EB2+EB3 (yes combined) for India for period 2003 and before, 2004 , 2005, 2006.
    a) How many projected EB2+EB3 (yes combined) for ROW for period 2003 and before, 2004 , 2005, 2006.
    The reason I am requesting to combine EB2 and EB3 is that it is impossible to know which labor was filled under which category, thus no point in doing that division.



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