Thursday, June 30, 2011

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  • nitinba
    06-29 05:07 PM
    Can USCIS or DOS reimburse me for pain they have caused and all the expenses I had to incurr due to their whims and fancies. There seems to be more weight to the rumors as all of a sudden every attorney is saying the same thing.:mad:





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  • grupak
    03-25 04:05 PM
    I believe that as long as interviewing is concerned companies may have the right not to interview particular kind ("EAD holders" for an example) and interview particular kind ("GC Holder for an example..)


    Not a lawyer, obviously :) , but the first line on I-9 about discrimination covers "hiring, discharging, or recruiting or referring... It is illegal to discriminate against work eligible individuals."





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  • aroranuj
    01-11 11:08 AM
    I am upto 14 letters signed, sealed and mailed to the President. I am waiting on a few more to come....It took probably an hour over the past week. Guess what...in the process I educated over 20 Americans about our issues. Guys this can have a cascading effect if we talk to people we know and get these letters. We all need to step up and actively talk to all Americans we know and get these letters. They are our support bank when its time for larger fixes and we need Americans to call their Congressman & Senators to help us.

    Talk to EVERYONE you know and get a letter signed. It would be great if everyone mentioned the number of letters they have got when they put out posts on this thread. Lets not just talk the talk but WALK the TALK!!!:D

    Over the past couple of days I have had 10 of my friends/colleagues who have signed the letter and they have been mailed out to the president. I also have copies of them to mail out to IV once I have all that I can get..

    I plan to call my Senators & Congressman's office's today too. I believe we need to get through to our friends and colleagues and talk about the issues in this letter. I have yet to come across one person who does not agree that our situation needs the attention of the administration.

    I know I can get a few more of these letters signed by the end of this week.

    Anyone out there who has more letters going out??:D

    Lets have some healthy competition!





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  • whitecollarslave
    04-17 06:26 PM
    8 USC 1324b
    (a)(1) General rule
    It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a (h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment—
    (A) because of such individual’s national origin, or
    (B) in the case of a protected individual (as defined in paragraph (3)), because of such individual’s citizenship status.

    (3) “Protected individual” defined
    As used in paragraph (1), the term “protected individual” means an individual who—
    (A) is a citizen or national of the United States, or
    (B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title;

    (4) Additional exception providing right to prefer equally qualified citizens
    Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.

    So EAD folks are excluded from "protected individuals" and employer has a right to prefer US citizens according to this.

    I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply. The you posted is the original text and does not include amendments or changes.

    If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.



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  • Humhongekamyab
    08-21 11:18 AM
    Along with free india callling you also have the basic feature of calling unlimited in US for 24.99. Which looks pretty good to me. I already have a vonage service for 24.99 and it was a free upgrade to this new plan(after i called the customer service rep) and still i am paying the same 24.99 which is good.

    Thanks for the information about your Vonage plan but the question was if it is only limited to 5000 minutes. Lot's of people like me use Trueroots/ Reliance with no home line so I was thinking aloud if it is worth signing up for the service.





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  • trueguy
    01-24 03:08 PM
    Recently I travelled by Jet Airways and I had very good experience. They provide world class service even for Domestic flights and their international flights are just awesome. Brand new aircraft with bigger tv screen and they fly ontime. Also, no transit visa required at Brussels so no hassle for TV.

    The only drawback of this is that you are not allowed to carry any liquid (including liquor) from US. However, you can buy as much as you want at Brussels airport and the prices are same as in US.

    Thanks.



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  • jgh_res
    06-21 01:51 PM
    Its just sad that when it comes to processing immigration applications, we are too many. But when it comes to contributions or calling senators and sending emails, WE ARE TOO FEW :confused:



    Yes it is serious.....and given how many people are raring to go.....it islikely...

    As I have said before......we r just too many!!!!


    Not trying to generalize everybody, but people from india(I am from india) dont mind paying any amount of fees to USCIS without complaining, but will not contribute a small fraction of that voluntarily.

    By the way I am a contributing member myself.





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  • rangaswamy
    06-29 05:20 PM
    This situation reminds me of Murphys laws. Im amazed at the number of people who are willing to react time and again on speculation. If its true.. you have to cry on monday anyway.. so why start crying now.

    Enjoy the weekend.. lets worry about Monday on Tuesday!!

    To quote the Gita " What ever has happened, has happened for the best;
    What ever is happening is happening for the best, what ever is about to happen will happen for the best"



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  • caliguy
    10-05 09:31 PM
    @ SOP

    Good to see your persistence paid off and the pain and agony of waiting every day is over for you. Go out and enjoy the freedom.

    Can POJ be only be used for cases that were seperated? Last time, I used the POJ method, the IO told me to talk to the CSR and he refused to give me the status of my case.

    Congrats again!!!





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  • crystal
    07-10 09:49 PM
    immigrationvoice.com also works as it redirects to immigrationvoice.org

    you can try and test it
    Oh website refers incorrect website address. I hope that's not a big deal.

    "This camapaign has been initiated and pushed ahead by the immigrationinvoice.com group. Salute to the members of this group for the job well done."



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  • gvenkat
    09-24 11:06 AM
    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.

    So per your theory 8008 people who filed in Eb3 should get approved which should bring it to 2003? for EB3-I by end of year? :rolleyes:





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  • pappu
    01-05 10:21 AM
    Why are we not on Facebook? Or are we there??

    Not sure how it can help us?



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  • alterego
    06-29 05:52 PM
    I have a few theories on this. This is meant just to open discussion.

    1) The USCIS and State department are not communicating at all. This is not at all uncommon within gov't agencies as we all know.
    The State Dep't released the bulletin perhaps without realising the full ramifications. Having heard from the USCIS..........hey hey hey what the F&^% are you doing? They may have realised over the last few weeks what a mess they have on their hands. Now they are trying to undo it.

    2) Another possibility I can think of, is that this is a grand plan(heck I almost said grand bargain) concocted by the USCIS to get 485s OUT of the system as much as possible while minimising those that can get IN. Hence you might see in the coming few weeks thousands of approval letters all dated the 2nd of July. That will allow them to clear their backlogs of pre-approved, approvable cases and clean the slate fresh for the new fees structure/new quota in the new year. Some of you might remember they retrogressed to unavailable around this time 2 yrs ago. They do these weird things in the 4th quarter.

    3) Of course the last option is their brains have the same IQ as that of any common critter that messes up your garden.

    Pick your poison, it is all the same. I feel for everyone whose hopes were raised so high. It is truly inhumane of them. If they planned this, they should atleast have delayed the release of the July VB.





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  • makemygc
    01-25 12:11 AM
    Actually, this is a new rule it seems. We also faced it this time. Airlines have to verify the visa. When I was flying through Air India via jfk and also when I was returning from India, both times my visa on my passport was scanned by airlines official. You will see some guy carrying a laptop kind of device and he/she will scan your visa before even you go for boarding pass. In our case, since visa was expired they asked for Advanced Parole.

    It was on Dec 2005 . Luftansa . Chennai - Frankfurt- Dallas . I was waiting for my boarding pass . I handed over my e ticket to the lady at the counter. Instead of issuing the boarding pass , she asked me about my H1B papers. I got confused . Why should I show my papers to this lady ? . Since it was my very first trip to US , I meekly showed her my papers.After that she had issued the boarding pass.

    Friends, you may think I am very meek.This was not my first overseas trip. I had visited Japan previously. I didn't want to have fight with her and start my journey in bitter taste from the beginning.

    Don't think only Non-Indians treat Indians shabbily. Our enemy is within.

    If I happened to see that lady once again in Chennai -------



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  • l1fraud
    06-08 10:15 PM
    Thanks ... normal options in USCIS asks you to call ICE.gov ... BUT ICE.gov doesn't seem to have a local office.. please let me know if anyone out there has gone this route and any update regarding what all documents we need to produce to prove our case. Since its a Billion dollar company they are bound to fight the case (hopefully). Any information regarding the same is appretiate.





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  • sobers
    02-21 04:04 PM
    what i mean is you should take out the H1B part from the letter and then send it to your lawmakers. the letter is modifiable- you can add, delete or change content before sending it.

    that is what i have done. Took me less than 5 minutes!



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  • gcnirvana
    06-21 12:40 PM
    Its just sad that when it comes to processing immigration applications, we are too many. But when it comes to contributions or calling senators and sending emails, WE ARE TOO FEW :confused:

    Yes it is serious.....and given how many people are raring to go.....it islikely...

    As I have said before......we r just too many!!!!





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  • FrankZulu
    06-25 11:52 PM
    PERM EB2 India
    PD:Feb 2006
    I-140 Approved

    BEC EB2 from same company
    PD: Dec 2004
    Just approved today


    I am applying I-485 on July 2nd based on approved I-140 PD Feb 2006
    as I don't want to take chance with refiling I-140 for PD Dec 2004.

    In future can I apply I-140 for labor with PD Dec 2004 & on approval can I switch the
    PD for my pending I-485 if dates are current for that PD?

    Gurus below is an article on Murthy's site Posted in Jul 2000 which is related to the question I had above.

    http://www.murthy.com/news/UDpen485.html
    According to the year 2000 INS memorandum about procedures for substituting a new I-140 (employment-based petition) approval in a pending employment-based adjustment case

    "The rules are generally straightforward in the employment-based context. The regulations clearly states that if a person is the beneficiary of multiple I-140 approvals, s/he is entitled to the earliest priority date."

    Anybody please advice if this is still true and based on that
    for pending I-485 can PD be transfered in the same category(EB2) once my second I-140 with better priority date is approved?





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  • buddyinsd
    08-17 07:09 PM
    ...is getting approved. My case is with an IO since Aug 3 and going by the trend, I should have received an update by now (within 2 weeks of getting assigned to the IO). Not sure whats going on :( This is the worst ever wait in my life. Wonder when its going to end???





    DesiGuy
    09-12 11:29 AM
    I cannot ask my colleagues to sepnd 30 minutes on phone, but I can certainly ask them to send e-mails. They helped me during admin-fix letter campaign and they are all US citizens.
    Can someone prepare a draft for such e-mail along with all the e-mail addresses and post here?
    I can target 15 e-mails by Tuesday.

    this is GREAT idea. support fom US citizens will add lot of weight in our favor





    hpandey
    09-23 04:42 PM
    There seem to be 19 applications from 1998 and 25 applications from 1999. I wonder how come these have not been approved in 10 years while their dates have been current almost all the time. Either these have been abdandoned or are not approvable.

    I think its time for USCIS to do some cleaning up also to close applications where the applicants are no longer there , have abandoned the applications , left the country and so on. That would surely reduce some of the stuff from the queue.



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