Sachin_Stock
09-24 05:43 PM
Atleast we agree on one point that the law is absurd.
Nope. Vast majority including EB-2s do not disagree with porting, even though they might not be very vocal about it.
Nope. Vast majority including EB-2s do not disagree with porting, even though they might not be very vocal about it.
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simple1
05-04 10:39 PM
22CFR 42.32 is not INA.
22CFR 42.32 is not the law.
INA is the law.
See the post of "vbkris77".
The specific law is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
22CFR 42.32 is not the law.
INA is the law.
See the post of "vbkris77".
The specific law is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
calgirl
07-21 07:39 PM
I'm confused!
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
Now my FP is not done and I am current next month.
My company does only paper based filing for EAD. (Is e-filing costly?)
Will I not get any FP notice again?
I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..
Does paper based filing not trigger FP? Is it slower?
FP is mainly for E-filing folks, paper filers need not take FP.
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
Now my FP is not done and I am current next month.
My company does only paper based filing for EAD. (Is e-filing costly?)
Will I not get any FP notice again?
I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..
Does paper based filing not trigger FP? Is it slower?
FP is mainly for E-filing folks, paper filers need not take FP.
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senthil1
12-12 08:24 PM
If we see the history H1B and GC numbers were never increased except 2004 20k inpast 15 years In 2000 it was increasd temporarlily for 4 years.Also EB numbers were never increased except temporary reliefs.If it is increased by Skill bill in current form that is really an acheivement. If there is a possiblity they may increase H1B because that is temorary visa(But in reallity not) and GC numbers may remain same. But if increased to 115k then also cap will be reached in another 1 month because there are more number of Desi companies than number of H1Bs. Thats why they are asking exemptions for MS people and 20% adjustment for every year. We have to wait and see whether congress fall on this trap to do this without analysing the impact.
more...
tonyHK12
11-17 03:11 PM
Done for NYC
Are we just supposed to enter our infomation on the form? or name, email etc? how does it go to our local congress men?
The page will choose senators and house reps based on your ZIP code and email it to them
Great job admins this was needed
Are we just supposed to enter our infomation on the form? or name, email etc? how does it go to our local congress men?
The page will choose senators and house reps based on your ZIP code and email it to them
Great job admins this was needed
ragz4u
05-01 10:13 AM
I called there office but no clue what SKIL bill is about (Washington DC).
Can any one explain the source of this bill.
First and foremost, DO NOT CONTACT Sen. Cornyn's office.
We are privy to some information and we were told that Sen. Cornyn might introduce this to the senate today. When we say might, it means that there is a good chance he may not do so too!
And introducing just means that he will get a number assigned to it. It will NOT be debated today. The debate timeframe is decided by the majority and minority leaders Frist and Reid respectively.
We just wanted to share with you what we learned. When we learn more, we will let you guys know. For right now, all we know is in the first post.
And FYI, there are some decent provisions in this bill especially related to STEM. Also presents a solution to retrogression wherein Adjustment of Status would be possible in spite of no visa being available.
Can any one explain the source of this bill.
First and foremost, DO NOT CONTACT Sen. Cornyn's office.
We are privy to some information and we were told that Sen. Cornyn might introduce this to the senate today. When we say might, it means that there is a good chance he may not do so too!
And introducing just means that he will get a number assigned to it. It will NOT be debated today. The debate timeframe is decided by the majority and minority leaders Frist and Reid respectively.
We just wanted to share with you what we learned. When we learn more, we will let you guys know. For right now, all we know is in the first post.
And FYI, there are some decent provisions in this bill especially related to STEM. Also presents a solution to retrogression wherein Adjustment of Status would be possible in spite of no visa being available.
more...
amitjoey
07-11 07:08 PM
I agree absolutely. Living right here near DC and being a victim of the present USCIS mess, I still did not know about this campaign until a family member from India mentioned about it after reading it in the local newspaper.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
Welcome to IV, what a way to know about the flower-campaign.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
Welcome to IV, what a way to know about the flower-campaign.
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gjoe
10-04 07:14 AM
I am 5July filer, I got my RN on 10Sep but no FP notice till date
more...
StarSun
02-23 08:43 AM
Take part in something positive and help IV help you. Join the advocacy efforts - Register (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)
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kuhelica2000
01-30 02:37 PM
You are absolutely right. These frauds need to be stopped. Because of this fraud H1b quota is used up on the very first day and EB3 India has a backlog of seven years. If USCIS weed out all the frauds, I bet the wait for EB3 india will be no more than 3 years.
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
more...
SGP
11-19 02:40 PM
Nothing for Legal Immigrants, but any ways below is his response.
Dear XXXXXXXXX:
Thank you for contacting me to express your support for S. 729, the DREAM Act of 2009. Your opinion is very important to me, and I appreciate the opportunity to respond to you on this important issue.
You will be pleased to know that I am a strong cosponsor of the DREAM Act and am fighting tirelessly to enact this critical legislation into law. As the first person in my family to attend college, I can personally attest to the vital importance of a quality education. The DREAM Act, would give countless innocent children the same opportunity I had—to fully reach their potential and fulfill the American Dream. In doing so, it will give our country thousands of new doctors, teachers, pilots, and servicemen. It is a win-win situation for both those who would directly benefit from this legislation, as well as our country as a whole.
Those that oppose the DREAM Act believe that children should pay the consequences for their parents' mistakes. They believe that children who were brought to this country by their parents without the proper documentation or were kept in this country by their parents without the proper documentation should not be allowed to get an American education. That is not only wrong, but it also goes against who we are and what we stand for.
While the DREAM Act has yet to be passed, you may rest assured knowing that I will continue to fight until every child in the United States has the opportunity to reach the American Dream. Anything less is simply un-American.
Again, thank you for sharing your thoughts with me. I appreciate your support. Please do not hesitate to contact me if I may be of more assistance. I invite you to visit my website Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov) to learn of other important issues to New Jersey.
Sincerely,
Robert Menendez
United States Senator
Dear XXXXXXXXX:
Thank you for contacting me to express your support for S. 729, the DREAM Act of 2009. Your opinion is very important to me, and I appreciate the opportunity to respond to you on this important issue.
You will be pleased to know that I am a strong cosponsor of the DREAM Act and am fighting tirelessly to enact this critical legislation into law. As the first person in my family to attend college, I can personally attest to the vital importance of a quality education. The DREAM Act, would give countless innocent children the same opportunity I had—to fully reach their potential and fulfill the American Dream. In doing so, it will give our country thousands of new doctors, teachers, pilots, and servicemen. It is a win-win situation for both those who would directly benefit from this legislation, as well as our country as a whole.
Those that oppose the DREAM Act believe that children should pay the consequences for their parents' mistakes. They believe that children who were brought to this country by their parents without the proper documentation or were kept in this country by their parents without the proper documentation should not be allowed to get an American education. That is not only wrong, but it also goes against who we are and what we stand for.
While the DREAM Act has yet to be passed, you may rest assured knowing that I will continue to fight until every child in the United States has the opportunity to reach the American Dream. Anything less is simply un-American.
Again, thank you for sharing your thoughts with me. I appreciate your support. Please do not hesitate to contact me if I may be of more assistance. I invite you to visit my website Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov) to learn of other important issues to New Jersey.
Sincerely,
Robert Menendez
United States Senator
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sss9i
08-25 02:56 PM
Bump Up
more...
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man-woman-and-gc
09-17 12:35 AM
Good Job Folks...keep the pledges coming.
And guys..lets not fight or critisize each other...initiatives like this are voluntary..if u are convinced, welcome aboard, if not, you are more than welcome to watch it from a distance.
Everyone here is mature enough to know what is right and wrong for them and we should respect it regardless of whether they are in favor of this initiative or not...
For now..we are moving forward...and that's what counts at the end of the day.
And guys..lets not fight or critisize each other...initiatives like this are voluntary..if u are convinced, welcome aboard, if not, you are more than welcome to watch it from a distance.
Everyone here is mature enough to know what is right and wrong for them and we should respect it regardless of whether they are in favor of this initiative or not...
For now..we are moving forward...and that's what counts at the end of the day.
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cool_desi_gc
03-25 09:02 PM
Dec 2002...This calendar year..You made my day.
PD: Dec 2002 EB3 India
PD: Dec 2002 EB3 India
more...
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desi3933
07-09 02:27 PM
where is the attachment?
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
..............
.
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
..............
.
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english_august
07-09 07:50 AM
So it's the day before the flowers will be delivered and let's make the most out of this story. Here are the links to the press release to use
PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.This (http://www.touchdownusa.org/pdf/Response.pdf) is our updated press release in response to the message on the USCIS website.
Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips
Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
Refer to the article in the body of your email. For example
You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
After this, you can say that please refer to the attached press release for more information
Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.
Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)
Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.
PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.This (http://www.touchdownusa.org/pdf/Response.pdf) is our updated press release in response to the message on the USCIS website.
Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips
Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
Refer to the article in the body of your email. For example
You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
After this, you can say that please refer to the attached press release for more information
Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.
Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)
Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.
more...
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drona
08-31 08:01 PM
There are people willing to provide sponsorship for airfare and accomodation. We have students flying with us from California because they were able to get sponsorship. Try and make it.
http://immigrationvoice.org/forum/showthread.php?t=12441
http://immigrationvoice.org/forum/showthread.php?t=12441
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aquarianf
04-25 10:39 AM
It high time that these guys get kicked on what ever, I have seen so many of my friends frustated due to non payment and get scarred to do anything against it..... I appreciate your courage , If they do bussiness and employ people they should legally pay, So many poeple come from India with kids and family and suffer so much when they are not getting paid on bench...I can only sympathise with their situation , Shame on such bussiness...BLOOD SUCKERS, MANIACS . I would say USCIS should create a law to punish these blood sucking monsters.
Training, H1b ...etc takes money ...so what he not stupid(desi employer) to do it for free , He makes altleast 10 times of what he spends in just 6 months when the candidate is on project.
I am sure I am going to get a lot of negative feedback for posting this in from ...so hiding desi employers
I agree with some of your points but you are not helping on anything here by appreciating OP's courage. If OP gets into law suite and if it requires lots of money would you be willing to donate some money to fight law suite because it will not only help OP but it will scare such shameless employer that there people out there in community who are willing to help if they do something wrong with employees.
I agree with you that such employer should be punished but it is more important to create awareness about their practice specially among people who just come from India and then get into trap of such employers. But many people do so even after knowing the facts about desi employers. Every thing has risks and rewards, and many people know risks but they get into it for rewards.
It seems that INS is very serious about holding back wages issue I think first thing people do is to file complaint with INS. See my previous post on this.
Training, H1b ...etc takes money ...so what he not stupid(desi employer) to do it for free , He makes altleast 10 times of what he spends in just 6 months when the candidate is on project.
I am sure I am going to get a lot of negative feedback for posting this in from ...so hiding desi employers
I agree with some of your points but you are not helping on anything here by appreciating OP's courage. If OP gets into law suite and if it requires lots of money would you be willing to donate some money to fight law suite because it will not only help OP but it will scare such shameless employer that there people out there in community who are willing to help if they do something wrong with employees.
I agree with you that such employer should be punished but it is more important to create awareness about their practice specially among people who just come from India and then get into trap of such employers. But many people do so even after knowing the facts about desi employers. Every thing has risks and rewards, and many people know risks but they get into it for rewards.
It seems that INS is very serious about holding back wages issue I think first thing people do is to file complaint with INS. See my previous post on this.
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simple1
05-04 11:39 PM
Well since INA doesnt specifically state anything regarding this, the regulation CFR takes over.
Our focus of discussion is ebquota, how much and who is eligible. That is clearly documented in INA.
INA also clearly describes family based.
Our focus of discussion is ebquota, how much and who is eligible. That is clearly documented in INA.
INA also clearly describes family based.
snathan
02-09 08:37 PM
Its $669...come on guys
sam2006
07-19 06:58 PM
count me in also ....
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