Thursday, July 14, 2011

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  • pappu
    01-10 09:57 AM
    thanks Bringing up the thread. I will post if i find some new forums.
    new forums and sites are here
    http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42

    any volunteers?





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  • unitednations
    12-22 02:34 PM
    this is our history...

    1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.

    2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.

    NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form

    current employer C : July 07 - current
    employer B : Jan 2006 - June 2007
    employer A : June 2003 - Dec 2005 (who filed for labor/i140)

    the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A

    She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....

    when I call back..she says we will handle any RFE's...

    quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..

    pls post your thoughts and comments..
    hope I dint confuse

    Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.

    I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.

    You might be able to appreciate this story:

    I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.

    He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:

    You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.

    Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.

    Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.





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  • vandanaverdia
    09-11 03:20 PM
    Don't you wanna be a part of history???? What is stopping you???
    Come to DC & lets be heard!!!





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  • wizard20740
    07-09 07:25 PM
    A FBI name check does not seem to be a mandatory requirement for a GC. I think it maybe part of a "National Security Background Check" but does not seem to be a mandatory one.

    Also Please see link below, which seems to indicate that precedents exist for issuing Citizenship to people without completion of background checks. These checks have to be completed within 120 days of citizenship interview, and it seems that in nearly 20% cases, people have been granted citizenship without completion of background checks because the 120 day timeline expired.

    http://immigration.about.com/b/a/256020.htm


    Would you mind quoting the actual law then?

    Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.



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  • abstractvision
    03-19 01:15 PM
    Question on AOS processing based on PD/RD - Currently, EB2 INDIA is Dec 03. Assuming May 08 VB goes to Jan 03 (EB2 INDIA) , will the EB2 INDIA AOS applications with Feb - Dec 03 PDs still get processed??


    My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.

    In short, in my opinion..the answer is NO





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  • willigetgc?
    08-10 10:30 PM
    i feel frustrated at some peoples' unwillingness to admit that eb3 needs iv's help now more than ever. They are saying that nothing much can be done for eb3, as ins merely corrected its wrong interpretation in visa allocation

    I went to the advocacy days in DC this June, and the biggest push IV was/is making - country cap elimination. The biggest benefactor of this change is EB3 (eb2 will be helped too, but that is how INS preference system works) - again, the biggest benefactor of this legislative change is eb3. IV has been pushing this issue over and over - try reaching out about town hall meetings or any such meetings with lawmakers - and you will figure out how much iv is working on behalf of eb3. Unfortunately, not many eb3 were active until the last 2 vbs. So, please do not say, "nothing much can be done for eb3" or "IV is not working for EB3". Its just that you may not see value in the route that IV is pursuing. It is eb3 members' unwillingness to admit that IV needs grass root help more than ever now.

    but, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The ina language says that until eb2 is not current, there will be no spillover to eb3. Agreed. but i would contend that this statement is on a year to year basis. that is, if in the year 2002 (for example) all eb2 has been satisfied, then the spillovers should go to year 2002 eb3.

    i am sorry to point this out, but you are looking at this from only your angle. Don't get me wrong, i would probably do the same. Having said that, logically this change will not fly with the uscis - 2 reasons - 1. Your contention that this rule is year to year - flawed contention 2. What does all eb2 satisfied mean? - these arguments will not work. I am not pulling you or the idea down - but simply stating my point of view based on what I know of the law.

    is this something iv can point out and fight for? Can eb3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

    now a days we are seeing more threads related to spill over allocation interpretation etc, but i have not seen any single post by iv core about this. I am from eb3 community and share the frustration among others.

    i remember a time just a few months ago this year, eb2 were complaining about spillover not happening, and iv core disputed it, saying that spillover was happening.

    i see a lot of people suggesting to port from eb3 to eb2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.

    just like you are seeing the ground realities of porting from eb3 to eb2, i believe that iv knows the ground reality of proposing new interpretations to the law. I would go a little further in saying that the proposals considered here are changes in the law than changes in the interpretation of the law.


    I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......

    After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.



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  • sprash
    01-30 02:35 PM
    Wow! Thanks a lot for posting such detailed RFE information. This really helps a lot in understanding what I may be asked.

    My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.

    Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.

    Yes, I believe thats what they might be doing - preprocessing. There was no obvious 'trigger' event that caused RFE on my case either. They raised these RFEs even though I had not changed my sponsoring employer or transferred my h1b. I have a feeling they preprocessed mine too.

    I don't mean to scare you (just prepare you for the worst) --- you might want to talk to some desi consultants and make an arrangement that in case the RFE is employment verification, they give you pay stubs from the time you were laid off. As you can see from my RFE, you might need to show your recent paystubs and employment verification. Yes, it will be a financial loss for you, but without these I believe your case can get rejected (gurus correct me if I'm wrong!).

    Again I am is just hypothesizing your situation, your case might be entirely different. This is 'just in case'.....





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  • zuhail
    03-10 03:49 PM
    Of all 4 the proposals made by vbkris77,
    I would just stick with one and only one:
    RE-CAPTURING VISA NUMBERS.

    If we add any other item like re validating H1B inside US,accountability for USCIS etc, the message would bound to get lost. It will get bogged down by the details of implementing the other proposals. The devil is always in the details.

    I think we need to stick to single target of visa re-capturing (with no mention of the word H1B in the legislation). There should be no crap about H1B workers stealing jobs nor granting pardon for illegals. Visa re-capture is for educated foreign-born professionals currently employed in US.

    Many ask if this is the right time. When will be the right time?. Are we asking anything that has not been already granted by the law?. These past visa numbers have been already approved by the law but not used by the USCIS.

    The time is RIGHT NOW.
    It is interesting why IV team is not taking up this one item and start fund raising.
    May be the team has some valid reasons for not doing so. I could only guess.
    But waiting for the right time to take up this agenda of re-capturing visa numbers is not a valid reason. That is totally hopeless.



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  • diptam
    07-14 11:20 AM
    Murthy sent the letter after LOGICLIFE declared that something GOOD is likely or on the way.... IV is doing the job and she is getting the fruit (money)by just publishing it. When the lawsuit issue came up she took U-turn saying its AILA's job...

    When i first came to US , i worked with a guy who used to Publish the results of my hardwork without even mentioning my name and get promotion. When i went to him for my promotion he said this year's promotion quota has exhausted .

    Anyway i left that company and those kind thiefs ( who steal credit for other work) long back but the distressing memory of exploitation hasn't left my mind.



    Murthy will never mention Immigrationvoice or our effort on her website.
    Murthy will always want to take credit for everything good even if she has no hand in it. She tried to take credit for the June bulletin. But she vanished when the July fiasco happened. Why did she not take credit for the July fiasco if she was so close to DOS and was so easily able to influence the June bulletin. It is publicity stunt of these lawyers and their websites to try to show off how influencial they are so that their clients are simply awed by them and give dollars to them as fees.
    I want to ask Murthy this question-- How much money has she given to Immigrationvoice till now?
    If she has not given any money, then it means she does not care about immigrants and this cause. It means she wants retrogression to stay so that she can make quick bucks off it.





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  • joydiptac
    06-08 08:31 PM
    Thanks Deepak for clearing the uncertainty. At least now I know my wait is 10 more years.
    Wonder how many more years I will be able to keep my EB3 Job and job description. :(
    This sort of slow torture is nothing less than "Curry Bashing" openly happening in Australia.
    (Source : http://bkhush.com/dev/content/lets-go-curry-bashing )

    The rate at which USCIS is denying H1B, L1 Extensions it EB 3- PD 2001 - Wait till 2015
    EB 3- PD 2002 - Wait till 2019
    EB 3- PD 2003 - Wait till 2024



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  • Rajeev
    12-19 10:47 AM
    Hi Varsha

    I will join the conference. My e-mail address is rajeevm100@hotmail.com





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  • DianaSteve
    10-29 05:36 PM
    Sept 2001
    EB3 India

    LC approved April 2007
    I-140 Pending
    I-485 Pending



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  • coolvigo
    11-20 08:34 PM
    I am moving too ............aakhir kab tak intezaar karengey !





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  • gc_on_demand
    03-11 09:25 AM
    If we put the word H1B in the Visa Re-capturing bill, the bill would be doomed. As few have rightly pointed out, it would be taken out of context probably advertised and interpreted as increasing H1B visas.

    If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".

    If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.

    If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.

    IV team please start the fund raising for re-capturing visa numbers. Thanks.



    Some anti immigrants are ready to kill our bill. If we introduce at time nothing is going to happen . Even it may kill CIR and that is what Anti wants.. This guy is encouraging people to push for recapture which will die soon. Why he didnot update profile. Even if he is good member he should pledge 25 $.



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  • thirdworldman
    02-16 07:13 PM
    Eilsoe, nice render! :worried:





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  • vaishnavilakshmi
    07-11 02:04 PM
    Request More Eb3 Guys To Participate......

    Please....

    Hi Alex,

    How about ur details?u havenot posted ur details here???

    vaishu



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  • Macaca
    09-26 11:06 AM
    The email should have info so that recipient can verify that rally was for EB GC issues and not H1B issues.

    Say rally was organized by IV.
    Put link to IV so they can check IV agenda.
    Put link to Washington Post/NY Times article that correctly reported the rally.





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  • jcmenon
    07-24 02:08 PM
    We can not file for 485 that is the reason we need to let our voices heard to USCIS, it may be waste of time for some one but at least it would be worth a try.

    We did try a lot with S1932, outcome zero.
    We did try a lot with CIR, outcome zero.

    When so potentially yielding means(S 1932 and CIR) can fail in a same way USCIS option may also fail, but at least we know that we tried this option.

    If stuck labor says it is a waste of time (No offence taken), I am not going to buy his arguement, just because he is a super moderator. maximun he can ban me from the site, but I donot worry of voicing my openion for an issue that I think might work out.

    Lets do an openion poll and decide how many are in favor of this.





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  • chanduv23
    09-28 03:36 PM
    Good point Jaime... currency strengthening has nothing to do with general career opportunities in that particular country. In short term it is because of interest rate differentials and in long run it is because of multiple factors primarily being inflation and trade balance. Therefore moving to Europe or India (best performing Asian currency this year) because of appreciating local currency does not mean anything as far as your career opportunities are concerned.

    By the time you are settled in Europe (5-10 years), the currency rates may reverse because US would have started exporting more goods to Europe as US goods would be getting cheaper. Euro and dollar zones are mature market based currencies so we can say something about them.

    However, same is not true for India largely because of intervention of RBI. However, look at Japanese currency, over 3 decades it has risen from 600 yen to 115 yen even after intervention of Japanese central bank. This is because of strength of exports from Japan. So it is possible that INR may end up somewhere near Rs. 8-15 if we go by PPP or somewhere in between depending upon trade balance and inflation. However recent reports suggest that Rs. 32-35 is breaking point and Indian software exports will become costlier than simply offshoring to Arkansas or Illinois. Therefore, most likely Indian govt. will step in and avoid dollar free fall against rupee.

    Very good analysis.

    On another note people discuss about excessive war spending and lack of funding for technology and research and innovation and offcourse, lack of motivation to fix the legal immigration mess and protectionistic policy appproach as part of vote bank politics.

    So we have two different perspectives here.





    amitjoey
    07-05 12:34 PM
    I just contributed my first $100.00. Go IV!

    Thanks map_bolier





    legal_la
    07-02 06:05 PM
    contributed 100 just now, my drop in the ocean, I will try to add more drops in coming days.



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