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  • delax
    07-14 07:14 PM
    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.


    To a few of my misguided friends who seem to not understand the distinction between a lobbying outfit whose goal is to change existing law to better suit reality and a law firm whose goal is to work within existing law. As self-proclaimed proponents of "Gandhigiri" - I see its principles not being applied when dealing with each other. Is Gandhigiri meant only to show USCIS. Would the Mahatma have said the same things mentioned above before asking himself a few questions. I dont think we can question the motives and intention of anybody before fully knowing the facts. As a client of Murthy Law Firm here is a fact:

    On her call last week for her clients, she mentioned that the Murthy Law Firm is one of the biggest financial contributor to AILF - who by the way are ready to file the class action lawsuit. If the lawsuit is successfull and given AILF's funding source - will you exclude yourself from the potential benefit because Murthy's funds were used to support the litigation - who's piggybacking now.

    Again - Its not one against the other - Please bear in mind the DUE PROCESS of LAW has been violated by USCIS resulting in a curtailment of your substantive rights (EAD, Parole, AC21 etc). I would not care who fights on my behalf so long as the outcome is to correct the earlier mistake.

    If you feel that she does not work for immigrants you have no locus standi to avail of ANY BENEFIT from the lawsuit and as a true proponent of "Gandhigiri" you should VOLUNTARILY exclude yourself from any such potential benefit. :)

    I know the Mahatma would have done the same thing.





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  • coolmanasip
    03-07 09:41 AM
    see the responses......

    What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?

    ---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]

    Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?

    -------->>does not matter either ways for AC21.....H1 transfer or EAD....

    One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?

    ----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21

    Thank for all the advise.

    ---------------------------------
    Contributed $100.





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  • sledge_hammer
    07-16 05:45 PM
    This type of false propoganda makes my blood boil :mad:





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  • amitjoey
    02-14 11:33 AM
    I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.

    If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.


    That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
    So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
    The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.



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  • gckp
    08-14 10:04 PM
    I guess nobody is waiting for it now....





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  • niklshah
    07-13 09:27 PM
    murthy was too scared too give any statemant before, this statemant was ok but it was too late when she saw that the momentum is getting strong she jumped in.



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  • anandsun
    04-21 11:01 PM
    Pratik and Jay spent some quality time with the Congressman AFTER the meeting was over. They should be updating us very soon.

    Thanks
    Anand





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  • karanp25
    07-14 06:49 PM
    7/13 LUD is inconclusive. There's a separate thread on IV discussing this where EB-2 folks have seen a 07/13 LUD w/o AC-21. Do you remember seeing a change in your I-140 LUD after approval in 2006 and before last week when they generated your RFE?

    if there was a LUD, this is a high possibility that your previous employer revoked I-140.

    This RFE can not be generated out of the blues. Using H-1B Xfr instead of EAD has absolutely nothing to do with validity of your AC-21. At least i am not aware of any correlation between the two.


    I dont remember that. I saw my online profile with USCIS just now. There is a LUD for yesterday 07/13/2008 on my 140 approved in 2006.



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  • yagw
    09-17 05:00 PM
    [ sorry if not relevant to the OP.]

    http://www.businessweek.com/technology/content/sep2008/tc20080915_270731.htm?campaign_id=yhoo

    The study shows the U.S. still leads the world in the "human capital" category, which measures the number of students attending universities, a country's capacity to train scientists and engineers, and employment in the tech sector as a percentage of the overall workforce. Here too, though, the U.S. lead is threatened. While students from other countries still flock to U.S. universities to get their MBAs and PhDs, tight immigration policies are causing more of those students to go home after graduation. "Our own education system is not producing the innovators we need," Estrin says. "And we're not opening our doors to the best people, and our immigration policy is such that we have been making it harder for them to stay, and so they are going home and innovating elsewhere."





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  • kondur_007
    06-08 07:01 PM
    There is going to be no spillover to EB2 India at all because according to the thread "Employment-Based Visa Number Movement and Predictions - from current Murthy Bulletin" thread Mr. Oppenheim (the guy from the DOS who sets the visa bulletin) said that EB1, EB4 and Eb5 might also retrogress (that is have to a cut off date which means they will not be current). If EB1, EB2 and EB5 retrogress and there is no spillover from EB2 ROW and there is no spillover from Family based visas there will not be any spillover to Eb2 India at all. There is absoluetely no difference between Eb3 India and Eb2 India except that EB3 India will be stuck in 2001 and Eb2 India might be stuck either in 2002 or early 2003. We are screwed for ages to come. Dont give me red for bringing this harsh reality, I myself am depressed

    Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!

    coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
    Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.

    Now as far as future of EB2 vs EB3 is concerned, I personally believe (and this is just my personal belief....) that unless EB1 (specially EB1C) gets oversubscribed (as mentioned in other threads), EB2 should move quickly during next fiscal year. EB1 usage can only be known from year end data as and when they publish it.



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  • franklin
    06-08 02:48 AM
    FBI security clearance has been a blackhole with many people stuck in it without having a hope of relief in sight.Everyone might have tried the senetors, congressman, snail-mails and Faxes but of no use.
    How about the following new methods:
    1. Send a collective petition, A common letter requesting FBI, president with the details of all those stuck in the process.
    2. A letter to the news channels.
    3. Web fax to the senators/congressman

    Please share your ideas.

    I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.





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  • Legal_In_A_Limbo
    03-07 11:07 AM
    I think this is out of topic, but regarding AC-21.
    My husband is changing jobs, so he wants to file G-28 by him self.

    Has anyone done that, and can help that will be great.

    Thanks.



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  • a_yaja
    04-04 09:10 AM
    I hope not. If they ban bodyshops the cap will never run out.
    And people in Real companies will be able to get the visas.
    There are many business models and you need to be aware of how each model works. There are a lot of companies, banks, insurance companies, even small and medium manufacturing companies that hire contractors for developing IT applications. They remain contractors for a reason - once the application has been developed - the contractors turn over the application to the company for maintenance and enhancements. A small percentage of contractors stay on and become permanant employees - but others move on. It would not be cost efficient for those companies to hire all developers as FTEs - the cost associated with benifits, taxes, 401K, etc are much more costly than having a contractor. Ofcourse, they can lay-off the employees after the project is completed - but what would that do to their reputation? Any company that follows a "hire-and-fire" policy cannot survive long.

    Let me give you a simple real life analogy. Let us say that you have a decent family sized car that you and your family use on a daily basis. Then let us say you want to go on a vacation with your friends family. What would you do in this case? Would you go out and buy a mini-van? Or would you rent one?





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  • hope_4_best
    03-17 03:16 PM
    My PD is :- June 28, 2002



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  • saatiish
    07-13 10:02 AM
    Here is the source ....
    http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf

    Alternatively go to --> Visa Bulletin (http://travel.state.gov/visa/bulletin/bulletin_1360.html)
    Click "Operation of the Numerical Control Process "





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  • bigboy007
    07-18 12:47 PM
    I think all of us cautious at this time is very imp and we keep calling uscis pref next week so that we ensure we have enough backup avail and we have 30 days till.



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  • gc28262
    04-11 09:03 PM
    Thanks for your reply. I appreciate your question. Let me explain you in details.
    I am not sure about Mexican illegals but I can tell about Indian.

    Normally person come here illegally alone. Very few people are coming here with spouse. it is absolutely sure that their kids are at backhome with other family members. Many illegal people have used 245(i) and all have priority date before April 2001 as before 2001 they should have to file labor. Fraudulent practice was prevailed in the small business community. They used to file labor certificate in dummy name and once it approve, they are selling to others (labor substitution was legal at that time). Most of 245(i) cases have purchased labor with big $$$. All the 245(i) were approved from 2002 to now. Their case is counting in EB3 category. Once persons case is approved, he will file I 824 (Follow to join family members) for wife and/or kids who are waiting in India. Once I 824 approve, case is transferred to respective CP at back home. It is slow process and take any where from 1 year to 4 to 5 years in some cases. This cases are consuming EB3 quota. We don't know how many cases are in pipeline. But I know few people whose GC was approved under 245(i) and their kids are waiting at Back home. This is the reason why EB3 India is struck around 2001 for many years. If still lot of 245(i) derivative cases are in pipeline, it can retrogress back to April 2001.

    I am highlighting truth so that we should not make any mistake in next CIR (same channel and resources for EB legals and 13 millions illegal). if history repeat for CIR, it may not hurt all legal EB community who are reading this post today but future generation EB legal have big blow.

    My dear friend Ron Hira is calling me racist !! I always laughing for his immaturity (In fact, I ignore his post). Insisting for following rule is racist. Opposing people who kept EB legal provisions hostages since 2005 is racist??? people in this forum are much smart who is talking what !!!

    I remember Mahatma Ganghi's quotes:

    " I can wait 100 years for freedom but don't want it through violent route"
    khodalmd,

    Thanks for the clarification. I think you are right in terms of "follow to join" 245(i) cases. EB3-I may not be out of 245(i) bump yet.

    Here is a USCIS memo regarding 245(i)

    http://www.uscis.gov/files/pressrelease/245i.pdf

    Relevant portion:

    "Many aliens with pending, grandfathered petitions or labor certification applications will marry or have children after the qualifying petition or application was filed but before adjustment of status. These "after-acquired" children and spouses are allowed to adjust under 245(i) as long as they acquire the status of a spouse or child before the principal alien ultimately adjusts status."

    On another note, wouldn't the spouses/children of 245(i) applicants be eligible for "follow to join" applications when the primary applicant's application is still pending ? Why would they wait till the approval of primary's AOS application ?





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  • frodobaggins
    04-03 11:52 PM
    :mad:

    Hey imv116, how about the fact that it is totally unethical and illegal? How can you support this? I myself have done MS and have seen the effect of this ridiculous practice. I was very good and yet could not get any job because the market is flooded with false resumes. So employers think there are many experienced candidates and do not want freshers!!

    Also, just like others have mentioned, it undermines the quality and experience of the genuine people. I agree that students sometimes do not have a choice in the current scenario. But at the same time, many of them are just not good enough to get a job on their own merit. That is why they have no problem resorting to such shameful tactics.
    :mad:





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  • vdlrao
    09-10 08:42 AM
    did any one did math...

    EB1 - all current
    |
    |
    \/
    EB2 - World current
    |
    |
    \/
    EB2 - India / China
    |
    | ( When above EB2 India/China gets current 2-3years? )
    \/
    EB3 All
    |
    |
    \/
    EB3 I/C ( When EB1 , EB2 is Current , all visa numbers will flood to EB3 right ? so may be in 4-5 years EB3 may get current ? )


    EB1 - all current
    |
    |
    \/
    EB2 Applications with old Priority Dates (Mostly EB2 - India / China)
    |
    |
    \/
    |
    | ( When above EB2 India/China gets current 2-3years? )
    \/
    EB3 Applications with old Priority Dates (Mostly EB3 - India / China/ Mexico)



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    virald
    07-18 09:49 AM
    What is meant by "Rejected" here?

    -FedEx not accepted on July 2nd
    -They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
    -Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
    -Rejection email was sent to lawyer/candidate
    OR
    -USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)

    Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.

    I contacted my attorney but so far no reply. Will update all of you.

    I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
    Thanks

    Rejection means -- packets opened, and, returned as reject because dates not current.
    I am also convinced that, if one has not gotten the package back, the person should be okay. But, just want to get the confirmation that we will be okay proactively rather than waiting.
    I'll post as soon as I find out from my lawyer.





    ashwin_27
    06-10 01:02 PM
    Track the status of this bill -

    S. 2804: Employ America Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=s111-2804)

    We can read between the lines and be as optimistic as we want..but I do not see anything in the text that excludes EADs.
    As per pappu's initial email, everyone - H1B, EAD, L1 etc etc (except GC holders and citizens) are impacted by this bill.

    What is the guidance to IV members? Start contacting the senators in the senate committee that deliberating on it and impress upon them to oppose this draconian bill?



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