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Wednesday, June 29, 2011

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  • amitjoey
    06-25 12:42 PM
    IV members have saved you a lot of money on attorney phone calls, getting answers to medical test questions and other general questions. Please contribute to IV so that we can keep this effort going. While everybody is busy collecting documents and paperwork for 485, core IV again is doing there personal paperwork and + lobbying.
    Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.





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  • eb3_2004
    08-20 03:00 PM
    It actually comes down to the language. I haven't read the rollover from EB to FB (if at all it happens), but look at the language for EB1. It talks about regular number + any not used by EB5. The language for EB5 is lost when it trickles down.

    Does it mean: 1. EB5 can only be used by Eb1 and not rolled down further?

    or

    2) Does it mean that any of the EB5 unused numbers that are also not required by Eb1 rolls down to EB2.

    If it is choice 1, then I suspect we have no case. If however, it is choice 2, then it is clear through the language that spill over Eb1 goes to Eb2 and EB3 at the same time. If not, based on the language of EB1, Eb3 would have just said "unused numbers of EB2", which means it would use Eb1 numbers only if Eb2 did not need them.



    Suggestion to go via AILA is a good one, but do we have contact into AILA??

    I feel it is Choice 2 as Choice 1 is not possible..If Choice 1 is the case how is EB5-->EB1-->Eb2 happening now justified???

    Also, Is EB1-I/EB1-ROW quota used up every year???If not that has to trickle down to EB2 and EB3 if they change the EB3 allocation interpretation.





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  • roseball
    03-31 11:23 PM
    Hi,

    I have donated $100 for the advocacy day. But I still cannot access the donar forum. How to request this access?

    Thanks,
    Ramesh

    You need to signup for monthly contributions to gain donor privileges.





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  • desi3933
    06-16 03:50 PM
    yes it is(both about work and supervision), read the pdf.

    The L-1 Reform Act amends previous legislation by addressing the issue of “outsourcing.” L-1B temporary workers can no longer work primarily at a worksite other than their petitioning employer if the work will be controlled and supervised by a different employer or if the offsite arrangement is essentially to provide labor for hire, rather than service related to the specialized knowledge of the petitioning employer. This limitation will apply to all L-1B petitions filed with USCIS on or after June 6, 2005. This includes extensions and amendments involving individuals currently in L-1 status.
    as IV community we must be against these violations. We must support only the compliance L1B.

    I stand corrected.

    Thanks for this, Simple1. I will get more details on this from my friends from legal area.

    Somehow, it seems that this line, if the offsite arrangement is essentially to provide labor for hire, could have some escape route.

    Thanks again. (Green from me)



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  • sayantan76
    11-18 04:48 PM
    did you emailed to ombudsman also? any replies from him?
    While a lot of people sending generic letters on this issue would certainly bring the underlying issue to the discussion table - the lack of "locus standi" would prevent ombudsman or even USCIS from acting.

    Let me explain what I mean by the above statement - every case is different and is adjudicated according to the merits of that specific case alone based on applicable laws and procedures. So, investigation and even future policy direction can be only be based on specific instances of the entire case files and detailed specific reasons of how these cases were wrongly adjudicated.

    So, the service centers and even the ombudsman is right in saying - we cant help till we have actual case #s





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  • Hope_GC
    07-09 09:51 PM
    This is awesome even before getting the flowers we have achieved what was intended.

    I request members to refrain from making personal comments.
    Everyone has got their opinion but if that is against our idea and thoughts we should tackle it fairly.

    Anyways KUDOS to Everyone participated in this cause.



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  • JazzByTheBay
    07-09 09:00 PM
    Nice! So what you're saying is that this creative form of protest is a waste of time, even though Mr. Gonzalez responded to it? And we shouldn't indulge in creatively letting our heart-felt feelings known to a step that can be termed as nothing but injustice, and unfair to all uncocerned.

    - Injustice to the hard-working USCIS folks who had to work the weekend before the 4th of July week... (frankly, not the fault of USCIS rank and file, they have our collective sympathies and certainly mine)
    - Injustice perhaps to Dept of State and Ms. Condi Rice who had to answer the ridiculous questions when DoS was going about its work as normal, or so it seems
    - Injustice to all of us waiting in line of course, for having been given the glimmer of hope of being able to file for an AOS (frankly, a lot of us don't care as much about the eventual approval of I-485 as we do about the ability to file for it when the visa bulletin was announced as current... it's about getting done with the last step, and most importantly being able to get the interim benefits of EADs particularly for our spouses, AP to travel freely, and most importantly the benefits of AC21 portability... ).

    Yes, that's an option - suggested by your inaction - do nothing, and take what you get.

    Or we can let the world know about this injustice, and hope for a fair hearing on the issue (rather than having it ignored completely), by at least getting a shot at getting the ability to file pursuant to the original July visa bulletin.

    Perhaps you were'nt on the same roller coaster ride we were put through these past few weeks since June 13th, or perhaps you don't care enough.

    Either way, it doesn't make sense to dissuade the majority from pursuing their creative forms of protest - at least for Mr. M. K. Gandhi's sake and ideals.... :)

    Even if we're asked to pay the higher filing fees that would come into effect on June 30th (which is what this was all about anyways, as it seems... ), it will a good solution for a lot of us. USCIS accepting the applications as they've been filed with current filing fees would be golden...

    Dude, where's my EAD + AP + AC21 portability? :)

    jazz

    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006





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  • arun397
    08-05 09:49 PM
    When does his Citizenship promotion act 2007 come for the debate!!!!



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  • buaya00
    09-11 04:51 PM
    Looks like the HR has adjourned till Sep 22 without HR5882 being discussed. Are they putting it off for later this year or next?

    Just noticed they updated the next session date to 15 sep and not 22 Sep.





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  • anda007
    07-11 03:01 AM
    Dear Non-Indian Members,
    When Xiyun Yang talked to me yesterday, I did mention that there are more Chinese and Pakistanis and people from other countries
    She was very much interested in talking to them. ( I had mentioned this in my previous post, but would have got lost in the barrage of posts in the last few days)
    I would suggest, that non-Indians, please contact Xiyun @
    email:yangx@washpost.com
    office phone: 202 334 6701

    Also, please leave a comment on her article in the washington post and mention which country you belong and how this is also your issue, as much as everybody else

    We definitely want to make this an universal issue and not just an Indian Issue

    Anand Sharma



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  • psaxena
    06-08 09:14 PM
    Call USCIS and they should be able be give you the right direction. Please update us on how it goes.

    Hi Guys,

    I am pretty new to the forum (as a member), I have been browsing the same for quite some time and found it a good source of information regarding immigration related activities. Right now I am getting removed from my project as one of the top 3 Indian outsourcing firm is dumping their L1 resources at my client site and replacing all the citizens, GCs, EADs, H1 etc. These resources are used in projects managed and controlled by my client (most of them are consulting assignments) and these resources are used on java/.net/oracle projects, these two are violations of L1 visa restrictions set by USCIS, I want to know how and where to complain against this violation and we have all evidence to prove the same (project documents, time sheets, work assignments etc). Please let me know exactly and to which agencies we should complain.

    Thanks in Advance,

    Srini





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  • abuddyz
    01-29 08:51 AM
    good point.

    We need to track the H1b approval date and the service center that approved it.

    For those who don't know, the first three letters of the receipt number in you I-797 H-1b approval notice indicates the service center.

    Like SRC is Texas, EAC is Vermont, LIN is nebraska and CSC for california.

    Please include this info too.

    what about WAC? (I have WAC.)



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  • punjabi
    11-18 03:57 PM
    Hi guys,

    I sent in the four letters 2 weeks ago and this week I got a mail from TEXAS Service Center. They returned my letter in original and they also wrote a big one page letter.

    I don't have it with me right now but in it, it was mentioned that "Please call us at our inquiry center if you have any inquires or you can check your status online as well as the recent processing times.

    Don't know if others are also receiving the same returned mail but I wanted to let you guys know this as an FYI.

    It does not seem like the letter reached the person to whom it was directed to.





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  • logiclife
    01-31 10:54 AM
    Sammy boy is the newest supreme court Judge. He won by a 58-42 vote. (well, there are some votes where all 100 senators do show up and vote).

    Anyways, this clears the way for next items on Senate's agenda. Immigration is one of them. Unless the hearings on NSA wiretaps take too much time and energy out of the Senate Judiciary committee. Hopefully they wont come in the way of immigration reform.

    --logiclife.



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  • sanju_dba
    11-04 02:53 PM
    I-485 Employment-Based Inventory does it include Spouse applications also

    CAN Some Senior members clarify my doubts:
    ==================================
    USCIS release I-485 Employment-Based Inventory countyr wise. Is this Numbers listed every year for the Employment based category include applications filled for Spouse also?

    If it is not included then we need to take in to account that for every 485 application we will bare minimum have 1 spoude 485 application that requires VISA Number.

    Link from USCIS:

    http://www.uscis.gov/USCIS/New%20Str...%20Reports.pdf

    Looks like you have long way to catchup.





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  • eb_retrogession
    01-04 09:43 AM
    Long but must read ...............

    http://www.ilw.com/articles/2006,0104-endelman.shtm

    Good catch irshad,

    I've contacted Gary via email and asked for his advise/suggestions for a strategy.



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  • amitjoey
    07-09 08:03 PM
    Ok, Those who have not sent flowers, consider sending them. And everybody please take 10 minutes and email the news out to reporters, friends, and family. It has a ripple effect. Also talk about it to your coworkers. Text, orkut, or call your friends.





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  • ash27
    06-16 10:33 PM
    There are lot of people losing jobs because of L1. I totally agree with L1Fraud that we need to expose this racket and make sure everybody is following the rules, period....People like ganguteli must be on L1 and they will always support to continue this fraud. Bringing people on low wages on L1 is causing lot of pressure on salary and I have seen whole floors being replaced from this so called highly skilled people on L1. I'm not against immigration but against people/companies breaking the rules..

    L1Fraud - Can you post on how to go about reporting this fraud. I know you mention about ICE? Do you have a format of letter and any suggestions on how to kick start the discussions and investigation....





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  • amitjoey
    07-11 12:32 PM
    http://www.thnt.com/apps/pbcs.dll/article?AID=/20070711/NEWS/707110343/1001





    gcbeku
    08-12 02:37 PM
    it looks like many folks got their approval one day after filing an SR - coincidence or a trigger? Is filing the SR somehow triggering the IOs to look at your file ?

    However, many people who filed SR on the first working day of the month 08/02 were not approved the next day. Also, the many others who bombarded the USCIS with multiple requests/queries had to wait much longer or are still waiting.

    It is almost like the IOs didn't like to be bothered on the first working day of this month (when the begin working on a fresh set of files) and also didn't like to be pushed too much.

    Or is this all just a super coincidence for hundreds of people?

    :confused:





    mchundi
    01-01 02:54 PM
    Good question. The bill is expected to be on the floor of the Senate and House for debate in Feb-06. Learning from S1932, it is my guess that the soonest bill could be law is 2-3 months. So we may be looking at something like April/May-06. But nothing is for sure at this time. It is possible that the debate may be dragged on till third quarter of 2006. We should start the activity to communicate with the law makers right now and continue to convey the right message if we want anything good to come out of the new bill.
    The delay with S-1932 was due to other controvertial issues. As for the immigration provisions, i doubt if any law maker insisted on them being part of the bill. Most of the bickering was about oil drilling and patriot act. This time Patriot act will compete for senate time if it is not resolved by feb. Once the immigration bill is introduced, it should not take more than 2 weeks get it to vote and another week for conference committee.
    My Q was even if some law is passed will the uscis wait till oct to implement any proposed changes.
    I was curious as to how this works because it might be tough for me to stick with my current company for 1 1/2 years more to get portability.
    Ofcourse we will try our best but somethings r not in our hands.
    --MC