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  • GCVivek
    03-21 02:37 PM
    Unless you have clearly written promise that they will apply for GC, you cannot fight in court. Secondly, even if they did give you in writing, there is no time limit on when they can file.....they can effectively file labor a month before 6th year of H1 and have you out of status and therefore layed off.

    In that case, employers should mention the following in the offer letter

    " In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

    This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
    Can these companies do this????





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  • looivy
    02-14 03:23 AM
    However, the immigration policy has been Europe friendly. They allowed free flow of white Europeans during 19th and a good part of 20th century. No doubt that these Europeans who came also struggled initially.

    The recent policy is to block non-English speaking Mexicans. Why shoudl language and to some extent race be a factor?





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  • logiclife
    12-20 07:55 PM
    <If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>


    So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).

    This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.

    The section is 8 USC � 1255 (k). Also known as 245(k).

    Here is how to find the text of 245(k) on USCIS website:

    1. Go to USCIS.gov
    2. Go to "Laws and Regulations" menu item on top menu.
    3. Click on "Immigration and Nationality Act" on the left menu.
    4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
    5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
    6. Under Act 245, go to section (k), the lowercase k.

    You will read this :

    (k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--


    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien's admission.


    Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    Go to (k) -lowercase k.





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  • decipher
    04-21 09:40 PM
    The meeting was primarily about undocumented workers and family re-unification. It seemed to be organized by the Latino community and so conducted mainly in Spanish (There was a English translator for others).

    There was a decent turnout of IV members but were ultimately overwhelmed by the undocumented crowd.

    The congressman talked about immigration as a whole and specifically about the provisions for undocumented workers in his bill. He was asked a couple of questions about legal immigration during Q&A but he did not address them very satisfactorily.

    After the meeting, I was concerned that he might not be completely aware of the legal immigration issues. However, I learned that he knows about the issues after talking to IV. Personally, I wish that he had talked a little about legal immigration provisions also in the meeting though.



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  • polapragada
    02-18 07:37 PM
    I hope it will become law...
    But my mind says NO way!!!





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  • kumarc123
    10-15 07:23 PM
    To all my IV Members,


    I agree with the fact of Gandhi protest #2, this is the right time, we can start another flower movement, this will help in two ways.



    1. Will put pressure on congress to honor the high immigrant bill in duck session.
    2. We will get attention and the next upcoming president will know, we are hurting.


    Listen guys, I am not here for a popularity contest, I am hurting like you guys. I am tired of making those long list numbers. The result? Well nothing, I am sorry it may hurt some members, but the truth is nothing happened, we were put aside like a rotten paper.

    We have been passive for long now, lets be activist.


    Let us all, do Gandhi campaign again, we can get a lot of publicity from not only media channels over here, but from Indian network as well. This will put more pressure on congress and USCIS.


    Also IV members whoa re confused on what and what not to do, please I request you all to support another big movement.
    Please lets not waste any more time in discussion, or questioning each others intentions.



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  • jcgc
    02-21 10:03 AM
    Ok guys before you shoot it down heres my calc for EB2 pending apps from 2000 to Dec 2003. Obviously its a rough estimate, who knows how many eb3s switched, labor subs etc etc etc.

    From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.

    Ok now shoot me down.


    From ,
    1. In Fy08, there were 189 EB2 India approvals.
    2. Assume annual quota for Eb2 India is X (Correct me if i'm wrong but i think this equates to 2800?)
    3. So 189 approvals = 2800 actual approvals. A ratio of 6.75%.

    Upto Dec31, 03, there are still about 330 or so pending Eb2 India cases. Using the 6.75% representation, it would mean that there are about 4900 Eb2 India cases pending.





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  • LONGGCQUE
    06-10 03:59 PM
    Just sent it Nebraska Senators



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  • go_gc_way
    12-26 12:22 AM
    Give IV a New Year Gift:Post about IV in other Web sites (15 min of your time!!!)

    Hi IV members!

    We are all aware how every IV member is trying to increase IV membership.

    We need all hands and help to make this a success, INCLUDING YOURS and we need it NOW. Following are two important threads to visit in this regard.

    ( IV campaign: $20/member marathon
    http://immigrationvoice.org/forum/showthread.php?t=2630
    IV campaign: Add A Member Campaign
    http://immigrationvoice.org/forum/showthread.php?t=2566 )

    I am starting a new thread to highlight another idea.

    WHAT IS THE NEW IDEA? WHERE EVER POSSIBLE, EVERY MEMBER POST A FREE CLASSIFIED/DISCUSSION THREAD ON A WEB SITE THEY FREQUENT FOR THEIR LOCAL UPDATES IN THEIR LOCAL AREA/ OR ANY OTHER WEB SITE THEY FREQUENT OR KNOW OF AND IT IS POSSIBLE TO POST ABOUT IV.

    WHY IS IT HARD FOR ONE PERSON TO DO IT? FIRST IT IS HARD TO GUESS, WHAT WEB SITES ARE BEST IN YOUR LOCAL AREA/CITY TO POST ABOUT IV. SECOND, WEBSITES MAY REQUIRE REGISTRATION BEFORE POSTING ANY THING ON THEIR WEB SITES. SO IF YOU TAKE TIME (Just 15 minutes!) AND POST ABOUT IV IN THE WEB SITES YOU KNOW OF, IT WILL GREATLY HELP INCREASE IV AWARENESS AND INCREASE IV MEMBERSHIP. AND ALL IT WILL NEED IS 15 MINUTES OF YOUR TIME.

    I suggest the following.

    1. Post about IV in a Web site that you frequent for local ads, local events, local classifieds ect/ OR any other web site that you think best to post about IV (need not be necessarily local web site, an internet group ect)

    Every one of us knows a web site where in local classifieds, ads are given, POST ABOUT IV in those web sites. This is REALLY easy task given 15 minutes of your time.

    2. I have pasted the content below that you can use to post the free classified or start a new discussion thread in a local web site that you know of.

    3. When you have posted the classified or started a thread in your local web sites, POST the details here to keep this thread alive and others take notice and make similar efforts. (It will encourage others).

    IV'ers, lets add ONE classified or discussion thread in a web site that you know of ... Your 15 minutes of time will take us a long way.

    I understand IV members are from different countries and different states, and thus only you will be knowing what sites are best to post a classified/discussion thread.

    Please feel free to write any other suggestions you may have regarding this idea.


    SUGGESTED CONTENT TO POST IN OTHER WEB SITES
    ************************************************** ****

    Waiting for your Green Card ? Read this .. Free Immigration Consultation!!! (no strings)

    Have you been waiting patiently to get your green card through your employer? Do the following quotes somewhat echo what you are going through? “My labor certification has been pending at the DOL for over 3 years”, “My priority date is Dec. 2003, but it seems like it take 3-4 years before my turn to apply for I-485 comes up”, “I am in my 9th year extension, and unable to accept promotions, or change jobs, because if I do, I will lose my priority date and have to wait another decade for my green card.

    If the above quotes sound familiar, then please know that you are not alone. You are in the company of over � million people stuck in the endless backlogs and bureaucracy. Recent data on backlogs indicates that as of April 2006, 255,000 applications were pending at the DOL – some since 1999. Per latest Ombudsman's report, there are between 170 to 230 K applications pending at the USCIS. Just one glance at the numbers is sure to send shivers down the spines of most individuals who haven’t even entered the green card queue.

    With unbounded passion and a sense of urgency few individuals came together in December 2005 to form Immigration Voice (IV). Immigration Voice’s mission is to resolve this crisis facing numerous highly skilled, and highly educated individuals and make lawmakers aware of the issues that have adversely affected the quality of life for our members.

    Immigration Voice has successfully lobbied Congress to enact sensible legislation that will clear backlogs, reduce wait time, and improve the quality of life of individuals. Immigration Voice has played a key role in the following very positive changes: (1) Removal of 10 % hard country quota from Comprehensive Immigration Reform legislation. We made lawmakers aware of this issue so it will never arise again. (2) Inclusion of Immigration Voice’s goals in the bipartisan Managers' amendment to CIR viz, (i) I-485 filing without visa number availability, (ii) 3 year H-1B and EAD/Advance Parole extensions for green card applicants, and, (iii) Generalization of Science-Technology-Engineering-Mathematics (STEM) exemptions to more applicants. This item also greatly serves the national interests of the US.

    Immigration Voice has also raised awareness about backlogs and bottlenecks in the legal immigration process through an aggressive publicity campaign in the print and broadcast media (Washington Post, Roll Call, WSJ, MSNBC, amongst many others). You can check them out here. Immigration Voice core members continually engage the media on a regular basis to raise awareness.

    Immigration Voice works closely with Quinn Gillespie and Associates (QGA) to generate awareness amongst lawmakers of our cause and to create bipartisan support for it, but we need a significant membership base as well as a tremendous financial muscle. The lobby opposed to legal immigration is very strong, and has extensive reach on the Hill. We need to raise funds with great urgency and vigor to keep up the struggle and strengthen our partnership with QGA, without whom our success is limited.

    All members of Immigration Voice are bonded by the same problems arising from the backlogs in legal immigration. The unwavering and unfaltering commitment of the Immigration Voice core team, and the support shown by our members, both monetary and in spirit, has propelled Immigration Voice to succeed and hardened the core team’s resolve to continue this work until our goals are achieved.

    Immigration Voice’s membership has grown to more than 8000 members in about 7-8 months, but this number pales in comparison to the half million people currently in some stage of their green card process. We urge you to join us and become a member of Immigration Voice. You will receive regular updates and inside news of several activities that Immigration Voice is undertaking in Washington DC. Moreover, you will get the satisfaction of being part of this important effort, which has a good chance of succeeding, and be able to share your worries as well as get solutions to your personal queries through our free ask-a-lawyer conference calls.

    Please visit www.ImmigrationVoice.org and see first-hand the enthusiasm and energy of our existing members who are contributing their time and resources to a very important cause. We are sure you will join us.

    Thank you,

    Immigration Voice Team

    Immigration voice is a non-profit 501 (c) (4) organization. All of Immigration Voice’s financial transactions will be audited by a CPA, submitted to the IRS.





    ************************************************** ****


    Based on the suggestions from perm2gc, I am temporarily changing the thread to "Give IV a New Gift". It was "Post about IV in other Web sites( Need 15 min of your time!!!) "

    perm2gc
    Senior Member Join Date: May 2006
    Posts: 387


    Give IV a New Year Gift

    --------------------------------------------------------------------------------

    Guys. Let all of us give a new year gift to our core team by posting about IV in all the forums which we have access.It won't cost you a penny but a 15 minutes of your time.I know everyone are busy but 15 minutes is not too much to spend for guys who are working hard for our cause.I know many people are silently browsing the thread than the people who are posting .Guys don't be behind the doors all the times.You have to come out sometimes and this is the time for you to show little respect to the core team.
    __________________
    Remember, remember always, that all of Americans... are descended from immigrants and revolutionists





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  • virtual55
    07-02 07:35 PM
    I strongly believe that Immigration Voice website should be paid website.
    People should be willing to spend $20 per month for the information the website provides(foreg: It was useful for self filers to file I485 and saved atleast $2000 each person), I think $20 per month, should be enough for maintaining 99% reliable website and for its lobbying efforts and law suit etc.

    Guys please share your thoughts.

    even if 3000 members join paid website that will be 3000*20 = $60000 per month and $720000 per year which is substantial amount to perform lobbying, law suit, maintain website etc



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  • alex99
    11-05 03:58 PM
    Bump





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  • reddymjm
    12-20 04:29 PM
    He did not pay you. Thats all. don't worry about it. Even I know people who got GC's even with a real degree I mean completed degree even from INdia. Its all LUCK.



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  • neoneo
    09-26 08:40 PM
    Here's a classic example ..

    If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.

    I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.

    Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.





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  • waitingmygc
    04-09 06:00 PM
    In this visa bulletin there is reasonable movement in family category. So, its not fair to conclude USCIS is not working.



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  • BharatPremi
    09-26 07:23 PM
    [QUOTE=BharatPremi;173398]Hermione,

    How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.[QUOTE]

    Yeah, and everyone is out there to get you.

    Honestly, I think it is a waste of time to try to educate Americans what is what in immigration system. We need to push for our issues by proving why it is a good thing for the country, and not get caught up in this vs that. OK, so you convince the editor that the rally was not about H1Bs. All he will do is wack the sentence about the rally out of the article, because now it does not refer to the topic of the article, which is about H1 visas. Would that be an achievement? Hardly.

    I agree with you partially. It may not be achievement but at least readers will not be misinformed and become aware about our real agenda.





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  • sunnymit
    08-02 03:34 PM
    At times we forget who we really are - Immigrants. Of course when the going gets tough, we will be the first ones to get hit. Why is that even under question? Do we expect any country to first worry about immigrants and then worry about its own citizens? I don't think so... We don't have the same rights as citizens or even GC holders, rightfully so. There are times when we will be discriminated against in the most polished way possible. For e.g. the President while giving out the TARP money to the banks mentioned that any banks receiving the loan can't hire any foreign worker (I don't remember the exact verbiage but it was something on these lines). Did people on H1s or other temporary work permits not pay taxes that consituted a portion (however small) of the TARP money handed out to the banks and car companies? So what? Some people complain about paying SS tax while they are not even eligible to receive any benefits unless they get GCs/Citizenships etc. So what?Now, all of these points can be argued in multiple ways but the bottom line is that us immigrants do have a lot of boundaries that we need to work within. Some of them are just, others aren't. Honestly, we are lucky that the govt hasn't come out with a rule yet that will send all the H1-Bs and other temporary work permit workers packing till the economy is back on its feet again. Guess what, we will all be angry about it when it happens to us, but the moment this coutnry opens the doors again to immigrants, we will be standing in the line right outisde the US embassy for new stamp.

    Why am I saying all this - just to put things in perspective. As someone rightfully said earlier, filing for your GC process is an incentive by the company just like giving out a bonus - even that has a more certainity than GC. The company can anytime decide not to fulfill its obligations towards you if its not in its best interest.

    Please believe me when I say that I am not writing this to lecture anyone about the realities of life. I have gone through the thick and thin of the immigration process just like all of you. I have spent countless hours thinking "agar aisa hoga, to phir kaisa hoga" (sounds filmy, I know) but its true. IMO, the sooner we understand the realities, the less painful it becomes for us...



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  • BlueSunD
    02-23 09:32 PM
    Sounds good to me, I havn�t had too much spare time to work on my entrie... but let�s really hope people havn�t really forgot abou this battle! :puzzled:





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  • mallu
    02-16 12:23 PM
    ......This per country cap law is very much like the tax code. If you change it to favor one class of people, you end up screwing everyone else. ...

    Currently, do chinese and Indians form a significant part of US population to affect diversity ? Just curious. I think one should start analyzing current US population and tabulate the % based on country of origin. Let us start with folks from UK, Italy, Ireland, Germany , Poland,..., India, China, ... . If it is found that some sections are less represented, let USA allow more into that category. True diversity.





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  • jambapamba
    07-13 07:56 AM
    Yes, please correct the spelling....
    Please correct your spelling of Murthy. I thought some senator or Congressman Murphy wrote to DOS. If it was murthy I wouldn't have bothered to come on this thread. She is a big time crook. Shamelessly she's trying to take credit of everything that we are doing here under 1 banner called immigrationvoice she will take credit of Zoe Lofgren and everybody else. She has never ever mentioned immigrationvoice for anything in her so called updates.





    .soulty
    03-11 12:33 AM
    thats better.. cool, so i'll contact grinch to see if he is happy to get this poll ready.





    priderock
    04-10 04:12 PM
    How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.

    Applying your logic , you should get a job in your home country if you are smart enough.


    If you want a good discussion on a topic stop generalizing things and do not use rants like racist engineers etc. When you make an assumption please be clear about. You have assumed most people work for consulting companies and most people are frustrated with it. Not so. I don't work for them and I am not frustrated with them. My only concern with them is they are exploiting the system to their advantage and at my cost. This has two fold affect not only the take cut from your salary but also put a bad name to H1B visa program in general. Whoever wrote the bill or whatever are the consequences there is definitely some good things in that bill. Let me list out how some provisions are good:

    1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.

    2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.

    If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.



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