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  • hebbar77
    05-18 07:07 PM
    Hello Hebbar,

    :) Very few countries are free of quotas...they have them under one name or another...it's just an age-old human power structure..

    The proposal is good, why not try it? What needs to be done?

    You made my day!





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  • hopefulgc
    05-18 03:41 PM
    1) I totally support this idea

    2) my crystal ball tells me that there are gonna be people here who will post discouraging comments against this idea like they do to every other idea worth considering. These days they use the "these ideas divide the community" routine to kill initiatives like this.

    3) quota exculsion and segregation would be awesome and very well deserved



    In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
    Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.

    I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.

    I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.





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  • Pewter
    02-02 11:41 PM
    I LOVED soul's castle...

    especially how it was 3d and just looked very nice

    ....HOWEVER

    eilsoe's was also quite hip...and it was also well done, but the comic speech bubbles made me....


    vote for eilsoe...


    but both of yours are very nicely done.





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  • mallu
    12-02 02:40 PM
    12/02/2007: News of DHS Plan to Approve Immigration Applications Without FBI Name Check Results After Certain Months Stirs Confusion

    A couple of sources reported lately that DHS was planning to place a cap on the FBI fingerprint check period and should the agency fail to receive the FBI report within certain undisclosed period of time, the agency will proceed with adjudication of pending immigration applications. Reportedly, the information was released at a DHS meeting with the immigration stakeholders but there are no details of information available about the so-called plan of change of course in managing homeland security matter.
    This reminds of the agency's past history in 1998 acting on the backlogs in CIA clearance for over one year causing a huge I-485 backlogs for years and announcing that the INS would adjudicate pending I-485 applications without waiting for the CIA completion of the security clearance on a condition that should the CIA report indicate a negative information, the INS would "revoke" the approved I-485 applications. The people who suffered the most from the lack of coordination betweren the INS and the CIA at the time were Chinese. The INS stop-gap action stirred some political concern and short-lived. The CIA clearance backlogs gradually improved afterwards helping the INS to remove the 485 backlogs over a period of time.
    Such unusual stop-gap action was taken "before" 9/11. Since 9/11, the security and name checks have presented the DHS with a challenging task of balancing betweein securing homeland and reducing clearance time. The FBI name checks have presented a serious problem of backlogs particularly in two areas: One is name check backlogs in the new hires of federal government employees and the other is the immigration backlogs. According to the CIS Ombudsman reports, in 2006 the DHS had about 82,824 backlogs pending more than one year. and in 2007 the number increased to 106,738 cases. Such backlogs induced federal litigations in the form of mandamus actions by the applicants with some successful results. The burden of such litigations on the DHS financial and litigation resources has mounted over the years. In order to deal with the problem, the USCIS one time "informally" handled such problem by approving applications (I-485 and natulalization cases) when the applicants brought mandamus actions in the federal courts. Such action had brought a boom of business for some immigration lawyers rushing to filing of a sort of "massive" mandamus actions. Obviously, this action raised a serious polical outcry for the agency compromising the nation's security by adjudicating applications without the name check results, leading to suspension of the DHS informal policy and a subsequent announcement that the agency would not give any favorable consideration in adjudication of applications where a federal lawsuit was pending.
    The environment of the agency's security management indeed changed before and after 9/11 and the precedent of INS approving I-485 applications without name check results without prejudice to potential revocation of such approved I-485 applications afterwards may not be that easily reintroduced as the agency will have to overcome two hurdles: A political pressure in the upcoming national election and a potential compromise of security. There was a legislative proposal in the Congress in one of the FY 2008 appropriation bills (CJS Appropriation Bill) which mandated the DHS to adjudicate immigration and naturalization applications, should the FBI fail to clear the name checks within six months from the effective date of the legislation. This legislation has yet to be finalized. Please stay tuned.



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  • JazzByTheBay
    07-27 05:44 PM
    Xtended Computer Attachment Syndrome (XCAS). Like AIDS, it doesn't have any known cures - Big Medicine doesn't have anything it can sell to protect you from it or help you overcome it if you are in fact "infected" with it.

    It can be cured with determination and will power - you just need to get out more... :) - in other words, get a life.

    jazz

    I think some of the people on this forum should be diagnosed for click�O�mania. Basically what it means is developing impatience and restlessness qualities as a result of using computer and mouse over an extended period of time. It makes a patient believe that results should be expected within few minutes after initiating any activity just like the click of a mouse does. Examples are on-line credit card payments, rental payments, electricity, telephone, cell phone, cable bill payments, money transfers to name a few. Over period of time when you the patient gets used to these habits, he tries to extend the same logic to other walks of life. Expect results within few minutes. What the click�O�maniac does not understand is certain things in life requires some amount of time in terms of weeks and patience to complete. Even though he/she knows that USCIS is going to receive about � million applications by Aug 17th and receipting of 485 applications is going to take long time, he/she can not resist pressing F5 button on bank statement URL, USCIS press room URL, immigration voice URL, on line case status URL, email account URL and what not URLs. So, someone is trying to contact CSR every day about the receipt status, verifying if checks are cashed or checking LUD on previously approved certifications on hourly basis, it is not his or her fault. Culprit is this undiagnosed disease. If untreated, he/she may be desperate for the finger print notice date in near future. After the finger print notice date, it may be FP notice acceptance date or LUD on case status.

    If treated, he realizes that how deep he went into this GC well and how far is away from life on earth and thanks his stars for not remaining as a frog in a well.

    How to treat: Do your karma and do not expect results.





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  • 485Mbe4001
    01-31 12:49 PM
    if any GC applicants are contracted to write new code for their system, please remember to insert some logic to 'take care' of the visa number distribution algorithms :D ...( just a joke)


    The article doesnt use the word 'faster' :>

    "The increases, which have been under consideration for months, would raise nearly $1 billion for U.S. Citizenship and Immigration Services. The troubled $2 billion-a-year agency has antiquated paper systems that have fed years-long delays for applicants and fears that terrorists might slip through the cracks."




    USCIS filing fees are a fraction of my attorney's fees. If this means faster processing, I am all for it.

    - gs



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  • dineshksharma
    07-13 04:54 PM
    congratulations..truly inspirational.. how did you acquire such phenominal emotional stamina?

    There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
    I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
    Botomline, do not loose hope and work hard.





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  • pappu
    04-03 09:03 AM
    I am in serious trouble, please read and comment if you can help.

    - Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
    - Spouse Application is approved in July 2008
    - Spouse changes employers after approval
    - In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
    - In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
    - In March 08 I get an email from USCIS stating my application is withdrawn.

    I obtained the notice of withdrawal and the notice says
    'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
    Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)

    what can we do.
    Is it possible to reinstate our case?
    Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?

    Thanks for contacting IV with your SOS.
    An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.

    As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.



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  • nc_sekar_415
    01-27 04:08 PM
    Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
    1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.

    2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.

    3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.

    4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!

    We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!



    Hi,

    I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.

    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.

    "Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
    termination of the employment."





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  • vrbest
    10-08 01:18 PM
    Got EAD Card for all of us in a span of 3-5 days. My son got 1 year EAD (10yrs old) but me and my wife got 2 years EAD. Any way happy that I can claim 300$ tax rebate for my son and get SSN for him also..




    Still pending... Just checking to see if there are many waiting like me

    NSC: July 3nd 2008

    FP : Aug 1, 2008

    LUD on AUG 3, 2008

    Still pending approval..

    What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...



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  • yabadaba
    12-13 01:27 PM
    yea this is correct. a member named united nations posted a detailed break down on immigration portal a few months back. This has been implemented by the DOS by suspending the AC21 rule of a variable cap and enforcing a hard cap of 7%. This was mentioned in the november or december 2005 bulletin.

    From my perspective I think its a travesty that when the UCIS and the DOL has classified some of us as "exceptional" aliens, we can still not adjust our status because we were born in India or China while Mexicans with the same qualifications can. If the country limit is to avoid monopolization of numbers and enhance diversity...all categories for Mexico should be "U"

    ---post from immigration portal

    indian_gc_ocean
    Registered User Join Date: Jul 2006
    Posts: 194

    The following is from November 2005 visa bulletin published October 2005.

    "During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap."

    Well, now I realized it is not DOS but again its me who was not upto date with the trend. This means that India cannot go beyond its 7% using unused visas. In the same bulletin there is something that indicated that it allocated too many visas to India in the past. Most likely DOS does not take any action until ROW eb3, eb2 and eb1 are current. Now I have also understood why the perm is necessary at the this time for row. Perm helps row move faster thatway in the loooooong run helping India when all the row is current.

    There will not be any spillover to any India categories in the near future. This is the reason why India eb2 went unavailable. EB1 will soon follow the case. Eventhough eb3 moves, it was like unavailable for a long time. 1400 greencards a year in each category (excluding spouses from this ordeal) is hardly enough for India. I doubt there would be any encouraging direction in future as India had consumed too many visas in the past years. This is sort of balancing act as far as DOS is concerned. Only a change of heart can save India.

    This is really bad for India as most of the people applied for 485 after spending nearly many years in BEC (that itself a retrogression). With Philly clearing non-rir 2001 eb2 labors, can't wait to see october's eb2 retrogression dates.

    I wouldn't care about where the overflow/spillover goes as it is not for India.

    Atlast, the email from murthy.com about eb2 visas going unavailable did not surprise me. My parents named me right and I am an enlightened person now.





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  • SDdesi
    06-05 12:22 PM
    How does this memo affect the AC21 portability if an approved labor cert is revoked? This also raises the question: Since the PERM cert is only valid for a certain period, can it be revoked after its expiration date?:confused::confused:



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  • sparky_jones
    07-02 04:07 PM
    Medicals : $450 (self + spouse)
    Photographs: $25
    Affidavits: $20
    Printing/Copying/Faxing: $30
    FedEx: $60
    Lawyer's Fee: $2,700

    Total: $ 3,285

    Of course, plenty of time, effort and anxiety. May all the USCIS and DOS people responsible for this debacle rot in hell. Amen!





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  • abhi_022001
    03-26 02:06 PM
    I recently moved to Houston TX for a new job on EAD and got a vertical driving license which is valid till 2015 but there is a line printed on it "Temporary visitor status expires july 2010" which is expirary date of my EAD card...

    I think I will have to go to DMV again after getting new EAD card in 2010 to revalidate the new date



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  • calif
    12-04 01:17 PM
    was it EB2 or EB3?

    My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.





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  • lccleared
    04-01 08:10 PM
    Just sent #11 fax too



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  • brugen
    08-19 08:51 PM
    PD, looks like you are going from doing the work to supervising the work within the same job criteria. If the company you are transferring to uses a law firm for their immigration, ask if the attorney can review to verify that you are eligible on AC21 based on the criteria.





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  • meridiani.planum
    03-26 09:40 PM
    I have my TX license till 06-2013. With the new rules, I heard that DMV's in Dallas are issuing vertical cards which has an expiration date of EAD/H1b expiry date. I recently moved to a new apartment. When i try to change the address online it is asking me to go the nearest DMV. I dont want to loose my current license which has expiry till 2013. Is it OK if i dont change my new address on my drivers license or is there a way to get my new card with the old expiration date. my current EAD expires on 10/2009.

    just mail in the change of address (Snailmail)





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  • payur
    04-13 01:10 PM
    By clicking the below link please send email to your senators, all you need is to give your contact info and the email will be sent to the corresponding senators in your area.

    http://capwiz.com/aila2/issues/alert/?alertid=9615496





    hebbar77
    05-18 01:26 PM
    Me too!

    There are good and not so good schools here for MS /PhD. Either way why a seperate quota for US MS/PhD. Is a foreign MS/PHD any inferior?
    Just a thought..
    Especially IIT/IISc are not too bad schools in india!





    cheg
    08-22 07:16 PM
    Thanks for the info, roseball!

    http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/final_rule_on_labor_certification

    Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...



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