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  • diptam
    07-09 10:26 PM
    Our friend Smitha doesn't understand the Problem at all.

    I'm in this country since JAN 2000 but my actual Labor was filed in MAR 2005 because my 1st company SOLD my 1st labor ...... Its a PAIN you know - cycle of LC , 140, 485... Like cycle of birth and death...

    Moreover Smitha is talking as if whoever "sent flower"/"stood in rally" made an assumption that a GREEN colored plastic card will be handed over straight off the Grill instantly !!!!!!

    Come On - No one here is a bull head. Everyone knows Visa bulletin will not change much before 2008 but we want to send the message across that we WOULD NOT TOLERATE INJUSTICE AND HARASSMENT SILENTLY.

    Do you get it why peoples are sending Flowers ?????????????

    I exactly know where your statements about 2005-2006-2007 coming from. Your basic assumptions is that 2005-2006-2007 guys are those who just came to US 2-3 yrs back and now want their GC asap whereas you are waiting in line for 6-7 years...right?
    Ma'm with all due respect, that is not correct for most of the cases. There are several people who has to re-file their labor for several reasons (employer greedy, company overtaken, laid-off, company gone bankrupt etc etc.). That does not mean that 2005-2006-2007 guys are asking that they should get GC before 2001-2004 people. What most of the people need is an ability to file for AOS so that they can indepenedent of the clutches of their employers.
    I'm sure if you widen your horizon, you will be able to understand the plight of all your brothers and sisters stuck in this retrogression.





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  • anai
    07-11 07:16 AM
    I saw posts of several members extremely skeptical of the whole idea, even went on calling it stupid, crazy and useless. Some made mockery suggesting sending dead fish etc. I don't see any more posts from them.

    Keeping mum now are we, eh?:rolleyes:

    Good point.

    Someone give a gold medal to the clever guys who thought of the flower campaign. This campaign has brought us more publicity than anything else we've done so far. Outstanding work.





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  • iv_only_hope
    01-14 11:00 AM
    Yes and then we will spend the rest of the year just discussing current and future VBs





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  • arunmohan
    01-06 01:51 AM
    I agree with Saralayar and dontcareanymore has point. I think we should ask the conditional green card first for people who are in this country last 10 years and/or are waiting for GC more than 5 years. I don't see any issue for giving conditional green card. At least we will not have to worry for AC21, we could freely change the job, and we could buy a house. USCIS can give permanent green card once the visa number is available. I agree with dontcareanymore that the clock for citizenship should start from the date of approval of I-140. Once we have conditional green card, we could be out from this uncertainty. I don't know how we could proceed for conditional green card. But we need come together and if it is required we could talk to attorney too.



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  • glus
    05-24 01:06 PM
    I have a question regarding the I-693 Medical exam. it was mentioned that you will need to take a vaccine for MMR, Varicella, Tetanus and Hapatitis B. it was also mentioned that they will do a tb test and a blood test for HIV and syphilis. are these all the vaccinations and blood tests required or are there aother blood test required in addition to these??

    please advise. Thanks

    All you said is correct, except for you don't need Hepatitis B if you are over 16. No, there are no more tests involved, unless your tb is positive. If you tb is positive you need to do chestX-ray. I know that because I was just doing the tests for myself. Varicella must be taken twice 30 days apart. Same applies to MMR.

    I hope this helps. If you go to a good doctor, he will give you a complete list of things that you need to do before coming on the medical exam.

    G





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  • whitecollarslave
    03-26 05:43 PM
    I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.

    Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?

    May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!

    There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
    http://www.murthy.com/news/n_permfl.html
    http://www.ailc.com/perm-labor-certification.htm
    http://www.foreignlaborcert.doleta.gov/perm.cfm
    http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm

    They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.

    For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.

    HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.

    So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?



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  • asanghi
    05-16 04:22 PM
    I talked to my immigration about this today. My wife is on h4 and her h1-b is not selected in this year lottery process. I wanted her to go a school which issues CPT in less than one year so that she can start work. But my lawyer strongly recommended not to change her status from H4 to F1. My PD is 24 March 2005 EB2. Lawyer told me that it might cause a problem for my wife to get the GC on her I-485 application. Lawyer said some of her clients got through without a problem and some of her clients have problem regarding status change from h4 to f1. Fianlly i decided not to take that risk. I'm still waiting to file I-485.

    My lawyer also strongly advised me against converting her H4 to F1. However since there was no visibility so I asked him what to do to get my wife working status. It was then he advised me that if she wants to start working badly then go ahead and apply for F1 but don't travel out of country while on F1.





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  • spatial
    08-20 12:55 PM
    DOS has alloted most unused visa # into EB2 category this year, and EB3 was stuck due to no additional unused EB1 visas.

    Visa Bulletin mentioned they did this in according to the requirements of Section 202(a)(5) of the Immigration and Nationality Act. But actually this might be a misunderstanding of Section 202(a)(5) and Section 203(b) - There is NO words in the act on how to allot unused visa # to differnt categories. Even the country limit and category limit would not apply if there are unused visas #. The allotment Mr. Charles Oppenheimer did horizontal spillover caused longer and more backlogs of EB3.

    Congress has a concern on the backlogs and Bush's administration promised to reduce backlogs as much as they can. If Immigration and Nationality Act allows the government to spillover the unused visa # to EB2 & EB3, and a more humane and fair system should take care of early priority date first and do whatever the government has promised, should we ask Mr. Charles Oppenheimer to think about alloting some unused visas to EB3 so it can move forword a little bit?



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  • gccovet
    10-30 09:10 AM
    done my part.
    GCCovet.





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  • smaram1
    08-17 01:39 PM
    Thanks gbof and Anil for replying...

    I raised SR on Aug 12th..No Response Yet...

    Infopass appointment said that my file got assigned to Examination officer on Aug 4th...Not sure if Examination Officer and IO are same or not...

    But the real kicker is i got second FP on July 26th, 2010 for Code 1...I didnt see any LUD after second FP...I am guessing this is where i am stuck with second time name check or back ground check verifications...

    Also is it good to go for DHS 7001 form right way...i mean ombudsman request...



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  • shouldIwait
    05-09 03:24 PM
    Most of what Hunter has said is not wrong. Exploitation and malpractices by small/big consulting companies is a reality. All of the Indian immigrants know it. Indian workers submit to it because it still is a very good bargain.
    But then there are other things that he is simply stereotyping because of personal impact and resulting hatred. Generally implying that foreign workers are crap and cause wage depression isn't true. Wages in IT industry are destined to go down with time because of demand/supply equation. It's nobody's fault that India/China are on the supply side (be it here or there respective countries). Moreover an individual with the will to uproot himself from the other side of the world and come here generally has much stronger zest to make it big than live an average life.
    With regard to quality of professionals overall I don't see a marked difference between American and non-American workers. Moreover, I don't think that employers will employ substandard labor just because they are marginally cheap, because it turns out to be more expensive. In all the cases that H1-B and L1 pocket less money than their counterparts the booty goes to middlemen(both Indian and American bodyshps) and not the companies that ultimately use their skills.
    What we all need here is a common-sense and honest approach to immigratiion. Also, we must understand that much is driven by forces of capitalism and they are strong enough to find a way, protectionism or no protectionism.





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  • EB2IndianGC
    09-21 04:06 PM
    How long does it take for USCIS to give a decision after you respond to a simple RFE.



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  • sledge_hammer
    11-25 08:37 PM
    Exactly!

    So then we all need to agree that the person foreclosing has no right to blame the lender. It is people like you and me whose tax money will be used to bail out banks that have the right to blame them AND the borrower! :)

    From the punjabi's perspective, it is entirely punjabi's fault. Because he knew what he is getting into when he signed the contract. From the public perspective, the banks were stupid to loan money to everthing that moves and later asking for bailout money from tax payers. I think this is what RDB is trying to say.





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  • krishmunn
    04-01 03:12 PM
    Link please..

    Shusterman’s Immigration Update April 2011 | Carl Shusterman (http://shusterman.com/newsletterusimmigrationapril2011.html)



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  • GLIX
    02-12 03:48 PM
    :confused: I have been advised by my lawyer to not apply for h1b extension anymore. I am now on my 8th year. I had my finger printing done December 2006. I also got my EAD valid for 1 year and also have my advanced parole just in case I will have a need to travel. What is your advice? My My 7th year H1B extension expires next month in March, 2007





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  • johnamit
    06-25 08:17 AM
    My attorney told me to use control number on your latest stamped visa, in my case it is 14 digit number

    Which one to use?

    This is the number in red on your visa stamp in ur passport. Mine is 8-digits long. Even if ur visa stamp has expired you've to provide that number.
    Hope this helps!



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  • gtg506p
    01-08 02:24 PM
    I will participate in this wholeheartedly. One suggestion to the admin: perhaps we can post this in other websites also like ? I know a lot of people use that site for posting problems etc and whoever is not in IV might also get to know about it.





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  • skynet2500
    06-28 10:02 PM
    My lawyer said he will mail it tomorrow. He told me that it would reach on 2'nd. He is using FedEx





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  • rajenk
    01-08 12:53 PM
    I will be handwriting the letter tonight and will be sent in a day or two.

    Also had asked 3 of my colleagues to write a letter.

    Way to go IV. I am already seeing this as a successful action.





    badluck
    05-17 11:01 AM
    who gets the EAD/AP attorney or applicant at his home address. Please tell me if anybody knows

    Thanks





    sapota
    01-24 03:24 PM
    of England with your rebuke. It is a privilege to set foot into the Royal terminals of the London airport. The Imperial crown demands an apology and shall impose a tax of 50 pounds for this puerile behaviour.