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  • simple1
    05-01 01:32 AM
    thanks akred for refering INA. I went through it now

    In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
    is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
    and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).

    IV Core. Can something be done to highlight this issue in your conversation with authorities ?




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  • senthil1
    05-23 09:21 AM
    If you are able to file gc why do you need this. Only future H1bs need to bother about the this restriction. Corporations or Compete America will lobby to remove H1b restrictions if that creates problem for them.

    I am about to e-mail to the Senators based on the new letter.

    Folks, but I have a simple question. Is the following provision addressed by IV when contacting the Senators or not ?


    Placement of employees at client site(Consulting business practices): Under the proposed bill one cannot place H1B employees at another employer�s site (common in consulting business) whether you are H1B-dependent-employer or not. Today, the law places that restriction only on H1B-dependent-employers. This proposed law applies that restriction of outplacement on all employers across the board.




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  • cool_desi_gc
    04-26 09:29 AM
    Lets not get sucked into it..

    1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.

    2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.

    Lessons learnt

    1) Why the hell did you sign the agreement without looking at these clauses ?

    2) Why din't you have a copy of the agreement with you ?

    I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.

    But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.




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  • pani_6
    12-12 09:29 PM
    I posted to topic "My concern- Skill in 2009"...then came proud american..derailed us off track and then we forgot our route....now back to the route....what action are we talking to intorduce this Eb interm relief Bill in senate in Jan..I think we need an input from Core members about how to proceed here..

    Each of us write to all out state senators and also important once like Nance pelosi, Mccain..so on...about providing some non-contraversial releif...we need to mention those and send LEGIBLE HAND WRITTEN LETTERS without spelling mistakes and send it fedex.....Send it during Chirstmas ...dot forget to mention God Bless America...just explain in simple words that we have been waiting for some relief from 2001 and have not seen any...please consider passing these non-contraversial issuses....I think they are reasonable and would agree....also mention that we have been dodged like a football saying skill/CIR and so on....
    Better yet a skillfull person writing this and all of us using this...


    Target is to intorduce the EB interm bill by End of Jan



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  • amitjoey
    07-09 07:22 PM
    Amit,
    Can you post the template of the email you are sending to the reporters.

    - AA

    Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
    July 9, 2007
    What
    Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez as a part of a symbolic and peaceful protest.
    Where
    The flowers are scheduled to be delivered to his office at 20 Massachusetts Avenue, NW Washington D.C. through various flower vendors.
    When
    July 10th, 2007.
    Why
    With this effort, they hope to create awareness about their predicament and express their anguish and frustration at the reversal and the lack of action from the Government. These are the highly skilled workers who have been driving the innovation in the US for many decades and have been living in this country legally and yet, they feel that their issues, concerns and contributions to the economy have largely gone unnoticed.
    There are 140,000 Green cards allocated for highly-skilled workers and their dependents in a fiscal year (unused visas may not be rolled over to the next year). However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists, MBAs and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
    On June 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007. Following this announcement, most of these future Americans and their sponsoring businesses, began a scramble to compile the documents and complete medical examinations required for their applications. After overcoming several hurdles and enduring hardships, these applicants eagerly waited for July 2, 2007 to send out their applications to the USCIS. However, to their dismay, the DoS, in an unprecedented move, issued an addendum to the visa bulletin, on the very day that the USCIS should have begun accepting their applications, stating that all available visa numbers for the current fiscal year had been used up and that no new applications would be accepted.
    This sudden reversal has resulted in emotional distress and financial losses for these individuals and businesses.
    Now, these highly-skilled professionals have decided to call attention to the "broken" immigration system in the U.S. for legal immigrants, by sending flowers to the USCIS Director, Emilio Gonzalez. They request that the USCIS honor the original visa bulletin and accept applications received through the month of July. In addition, they hope to encourage the U.S. Government to create more fool-proof immigration policies for the forthcoming year or at the least pass a legislation allowing the continual use of unused employment-based immigrant visa numbers from previous years.
    Dilip Tekkedil who came to the US in 1998 for graduate studies and is still waiting for his green card hopes to send a simple message with this campaign – “fix the system”, he says. On various online discussion forums, most skilled, legal immigrants want to send this message to USCIS and more broadly to the US lawmakers – “I understand that your agency does all it can to do the best job. I hope you empathize with a legal immigrant's frustration. A small token of peaceful symbolic act and hoping for the best.”
    Media Contact: This symbolic protest largely grew out of grassroots discussion on various forums on the website hosted by the group Immigration Voice. Some volunteers who work with Immigration Voice have been loosely directing this event.

    References:
    This article on the South Asian Journalist Association's forum explains the issues facing skilled, legal professionals in the US.

    Media coverage
    The Wall Street Journal: Reversal Frustrates Green-Card Applicants by MIRIAM JORDAN. July 5, 2007; Page A2
    The New York Times: Suit Planned Over Visas for the Highly Skilled by JULIA PRESTON. July 6, 2007
    The Times Of India: Green Card Hopefuls Resort to Gandhigiri in US by Chidanand Rajghatta. July 7, 2007
    The New York Times: Immigration Malpractice. July 7, 2007




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  • wait4ever
    08-14 05:15 PM
    Congrats to all who are PRs now!

    After CPO e-mail, card arrives within 10 days.

    Chain of events are not consistent but usually at 1or 2 days interval, approval and welcome e-mails are seen as hard LUDs.

    I-797 notice of approval is enough to go to district office and have I-551 stamp in passport. This is the proof of GC.

    Enjoy, do not worry and relax!

    Remember your family, friends and IV.

    Please be generous in contributing (my continued participation, advisement and $$$$.....).

    Recurring contribution, small is beautiful and kaizen would help us all.

    Wish you all to be best citizens and ambassadors of peace, prosperity and happiness!!

    I directly got the Approval notice e-mail on the 4th - I also got the approval notice this week - I-797C -i.e Monday - but no cards as yet ?:confused:

    I did not get welcome notice nor did I get the CPO mail.



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  • Lasantha
    02-06 10:30 AM
    Actually You have to PHYSICALLY present in Canda for 2 years in a 5 year period since the date landed.

    You have to PHYSICALLY present in Canda for 3 years in a 5 year period since the date your became PR.




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  • starving_dog
    06-26 11:07 AM
    People, the bill is called "Comprehensive Immigration Reform". It can only be comprehensive if it takes into account the legal population and the illegal population. This bill could not come at a better time for us with the mid-term elections coming up. The Executive Branch of Government is pressuring for passage of this legislation. It will be a huge issue for the mid-term elections. The Republican House is in a no win situation, passage means amnesty (their words, not mine) and non-passage makes them look ineffective. For now all we can do is sit back and wait and watch. It will take the majority of the house spin doctors a while to figure out how to proceed with maximum benefit for the Republican Party. This is the nature of politics.

    For a little entertainment, we can always predict next months visa bulletin! (Sorry, I couldn't resist).



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  • sunny1000
    11-17 03:15 PM
    Are we just supposed to enter our infomation on the form? or name, email etc? how does it go to our local congress men?

    Yes, just enter name, phone,email and your home address and it will find your senators and U.S Rep for your address.




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  • dehradoon
    10-08 05:54 PM
    All EB categories will be current all the time. As soon as a I485 EB case is filed the visa number should be allocated to the first 8000 odd cases for that category based on the PD of application. If a new case is filed tomorrow with a old PD he will get the visa number and the last guys application will move to waiting list. At the beginning of the year all visa numbers are allocated and nothing is wasted, even if the case is having issues like RFE, FBI check, etc the applicant knows that once cleared he will get his GC.

    Can you explain why you think the lawyers will laugh it off? Or is it just that you say it because someone is saying something which you don't agree with?

    A clarification regarding the flower campaign. I said the AILA law suit and the congresswomen letter to the chief also had lot of weight. It is just not the flower campaign for your information, if you beleive so it is your opinion just like I have mine.

    Correction, 25% of the less than 8000 visa numbers. First is the per country quota then its the distribution by quaters.



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  • mhathi
    03-26 02:25 PM
    It is on main web page of IV.. How come I can be ignorant even if I wanted to be?:)

    ... What if USCIS decides to keep 100000 cases on
    rack eating dust just by not moving the processing date for particular
    service center? This you can see right now..

    This is what I don't understand. Priority dates are set so only applications before that date can be approved. Processing dates are not set in that sense of the term.

    All uscis does every month when they publish processing dates is look at the Receipt date of the application still pending at the time and publishes that info. So in that sense, "not moving the processing date" does not make sense. Unless you mean they deliberately reduce the number of hours they work so fewer applications are processed.




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  • justice4all
    11-18 12:56 PM
    Done..

    Senator Tom Coburn
    Senator Inhofe
    Representative Cole



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  • dtekkedil
    07-03 12:02 PM
    Guyz what flowers are u sending lets keep it uniform ... l

    Click on the link-

    http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0


    Those are nice "sweetheart" roses :)




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  • neelu
    05-23 01:23 PM
    Sorry Guys........wrongly posted my 'called senators' in this thread.
    Thanks Amit.



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  • sledge_hammer
    02-12 11:59 AM
    D%ck weed, I came to this country with the intention of studying and then working, but to do so legally. I came to this country very well knowing that I have to maintain my legal status, regardless of the circumstances.

    So to counter your sophomoric point - yes, it does not matter if you have spent your prime years working here, it does not matter if you have loans in India, it does not matter if your wife is on H4, it does not matter if your child is a US citizen, it does not matter if you did your masters here, it does not matter if you are from IIT, it does not matter if you're employed through a consultant, it does not matter if you're employed full-time with a "proper" company, it does not matter if your parents in India are sick and you need to send them money; THE ONLY THING THAT MATTERS IS THAT YOU SHOULD BE MAINTAINING LEGAL IMMIGRATION STATUS BECAUSE YOU CAME TO THIS COUNTRY KNOWING THAT!

    So stop complaining @ss wipe and go back and learn to spell and fix your grammar.

    >>>>>>Do you have a brain?
    >>>>>>So why the hell u came to the country
    >>>>>>u ask them to go to their home country is it

    Thinking in your native tongue and translating to another language is NOT a very effective way to communicate. And for god's sake, spell 'you' the way it is and don't short hand it to 'u'. That's the most annoying thing people like you do.

    Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...

    So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man

    dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains




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  • Daisy
    06-08 01:52 PM
    My lawyer is taking his own sweet time to apply. It is frustrating. Do you guys think that there is any chance that they will stop taking 485 applications at some point before 30 june? Please reply...we are worried.



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  • PavanV
    02-01 12:28 PM
    I thought of going back after getting citizenship, but that would be another 8-9 years at the least. I would miss the big ride in India. When I went there(Coimbatore, Tamil Nadu) 3 years ago, I did not like it that much. But I see a big change in the last 3 years. Infrastructure is improving. Few of my friends have already gone back and are pretty happy over there.

    I am from Hyderabad, l left that city in 1999 to do my MS, got my MS, switched a couple of jobs as i thought career growth / job satisfaction was more important than filing a GC, finally my present company filed my GC in 2009 (PD 2009), I am fed up of this laborious process, not everyone can take it, and I am one of them, and as I get older, I am getting more conservative and I find it difficult to adjust here. I am visiting India this year, if everything works out, I will be heading back, even with all the complaints about India, it still is my country of birth, and there is a saying, "Janani Janma bhoomishya swargadapi gariyasi", translated, Mother and motherland are superior to the Heaven.




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  • senthil1
    05-11 07:24 PM
    In countries like Europe people need not come USA just for survival as that is a developed country. Also if they have to wait 10 years to get GC then no Europeans will apply GC as GC is not that much importance. USA will lose them. But it is not the case for indians. If you go out of country then hundreds of people are waiting to take your position in next flight in India. May be in future if Indians also does not bother about GC USA will come and give GC fast.

    Why they are not blaming pakistanis? They are small in numbers. In 1990s Indians also were given warm welcome as the number was small and abuses were less. Now over 40K h1bs plus 50K L1s were given in an year. Total number of H1b and L1 are more than 200k. Even most optimistic survey tells that 100k new high tech jobs are created per year that too in good times . Certainly we cannot deny displacement of US workers by immigrants. Now we started justifying this also by capitilism,globalization etc. But basically future of h1b and any other immigration program will depend on USA people support eventhough politics plays a siginificant role. Can we get support of USA citizens for expanding immigration when economy is severe recession?

    Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?




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  • bijualex29
    09-11 11:50 AM
    I got my receipt No filed at NSC on 9th July and trasfered to WAC for receipting.




    dtekkedil
    07-03 04:22 PM
    Hi Everybody

    I'm almost at checkout for sending flowers. Interestingly I noticed that there are other forums where people are discussing the immigration issues and also where people are effected.

    Lets make it a massive campaign. We can have a link on the immigration voice home page with exact details on the address and date (final) and impress on people that it shall work.

    I noticed that many Chinese use other forums in Chinese language. In fact I requested one of friends to post these details in their forum as well. May be each one of us can forward the details to others by E-mail or other wise. Try to make 10th July as big day for USCIS leaving all document packages aside but busy handling the roses.

    Media would definitely be happy discussing the approach for days and in way discuss the issue as well.
    Flowers do bring smile and a little bit of introspection to every one.

    Lets do it big way.

    Thanks

    Lets do it! July 10th is the delivery date.

    Some florists (FTD for example) do not deliver on Mondays (I guess they.. like Garfield.. HATE Mondays!).

    We need the IV Core people to put links up on the main page... None of them seem to be awake right now!

    For now... just spread the word... order your flowers.. and watch as USCIS's office turns into a beautiful garden on July 10th




    arihant
    05-04 03:43 PM
    I don't think having a MS degree supercedes a BS always.
    How can you compare say for example a BS+10 yrs person with a kid just out of school doing MS. Doesn't jive. I think at somepoint both level off. Just merely having a MS degree doesn't mean anything without experience.

    IT is not just one such field. You would find other's too. Financial aspect that you are talking is a whole different topic

    You are right in your observation. But, the SKIL Bill seems to place emphasis on people with advanced degrees. So, whether you and I agree about the Bachelors + work experience part or not, the fact of the matter is that the Bill exempts people with advanced degrees from cap limits.



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