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  • thomascannivady
    07-16 05:54 PM
    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.


    This is utter nonsense!!!

    Core team - > Please work on getting some sort of easy webfax put up so that we may effectively address such utter nonsense!! The link to the fax should be prominently displayed on the main page of IV!!!





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  • neelu
    12-13 01:01 PM
    All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.

    - IV has indepth explored and studied this option and have found that this change is not possible administratively.
    - we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
    - In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
    - Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
    - If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.

    Hope this explains this topic. Thanks

    Our dear Pappu,

    I understand how difficult it must be to respond to so many questions directed towards core members, and can understand how frustrating it can be to answer repetitive questions.

    So thanks for clarifying this again for many of us who thought an easy route was available (but half knew that it was there, it would have been taken).

    But can I please add that if this question has been asked repetitively, I think it warrants to be added to the "The Employment-Based Green Card: Process and Problems" section on the home page, so people can find the answer easily that searching our huge forum database. I understand that each of you are very busy and feel bad that I am adding additional work.

    Thank you.
    Neelu





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  • gvenkat
    09-09 01:00 PM
    Unless there is a concrete effort just for EB3-I, Nothing is going to happen. It's just unfortunate that we are just a subset who are affected. In reality everyone else gets a GC in 5-6 years..





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  • meridiani.planum
    03-14 12:26 PM
    It would be great if USCIS clarifies on interim EAD and what the applicant can do if a EAD application remain in pending status.


    there are no Interm EADs (stopped almost 2 years ago) and if the EAD is pending, then you need to stop working once your old EAD expires.



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  • kumar1
    03-12 09:01 AM
    IVians - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.

    This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.

    Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.:D





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  • shrayus
    04-20 04:09 PM
    I will get it posted on various internal mailing systems of sun. Will bring the banner www.immigrationvoice.org

    Sanjeev



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  • ita
    02-02 03:25 PM
    desi3933,
    Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.

    Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.

    I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.

    If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.

    All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.

    Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?

    Thank you.



    W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • Openarms
    11-03 03:17 PM
    Today received letter from USCIS regarding the FOIA.



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  • samy
    11-11 04:47 PM
    Please come up with ideas. Remember - IV core looks at all the posts and get ideas from the forums. You may want to start a thread saying - Lets all put our constructive thoughts about moving ahead with Obama administration here. People can posts their ideas, plans, implementations, strategies ...... and we can all discuss.

    Rajuram - your concern is valid and basically what is happening is - IV now needs some dedicated new generation members who can make a difference. thats how IV has been working from the beginnibg, people come and go - so do admins.

    You can help in this way by opening a thread to share new ideas and strategies.

    Wise words from a Senior Member!

    But people here are not ready for new ideas. They are dreaming that Obama will install a GC card printer and start printing once he sworn in.

    I presented an idea recently, as a temprory fix in these tough times. All I got was couple funny replys that has nothing to do with my plan. Also I got few red dots as a bonus.

    Many gave up hope I believe.





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  • wahwah
    02-21 02:17 PM
    i disagree. EB2 India is not more crowded than EB3 India. EB2 India currently went U because DOS made a dumb mistake of releasing the EB2 PD to April 2004 back during the October 2007 VB. That is why the visas for EB2 got exhausted so quickly. The problem is that there are still lot of candidates from 2002 and 2003 that are unapproved so it didn't make sense to release the October VB with April 2004 PD.

    I doubt if in April 2008, the EB2 India PD would move to Dec.2003 as there are still alot of people waiting in 2002 and all of 2003.

    As per my lawer this is not a right time to port your date to EB2 as at this moment nobody knows anything and there are very least chance for eb2 to move forward.:cool: as per her now eb2 is more crowded than EB3 that's why it became UNavailable. It's just a suggestion keep yourself with same EB3 or EB2 whatever you have otherwise I know one frined he ported his July2001 to EB2 and at this time EB3 is current for this date although eb2 unavailable



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  • kartikiran
    07-12 04:26 PM
    understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

    sunnymit, congrats and definitely for a fellow EB3 member, it is a cause for celebration who has been waiting since Dec 2001. especially when the dates keep coming all the way till Nov 2001, but never crossed beyond that.

    I am truly happy for you.





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  • addsf345
    12-11 07:42 PM
    If US does not benefit from giving the visas, are they doing it as a part of social service?

    Kavita,

    There are some ppl who will never wakeup, always think themselves as baggers. They do not know what they can achieve if they are united and if they have some willpower & brain. East-Indian-americans are not even 0.5% of the total US population and are among some of the highly successful ethnic groups.

    Banks got bailout as they made noise, so are the auto companies. We have many fools who are still in denials even after such a big injustice (unfair country quota for EB category), they just hide behind their false explanations & stupid theory and never even think that asking for or fighting against injustice. This is called escapism.



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  • Jaime
    09-10 04:13 PM
    thx for catching that.. i m sending it now to my school

    Great! Let's all do the same!!!





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  • chanduv23
    10-02 09:54 PM
    All NJ mebers follow this link

    http://immigrationvoice.org/forum/showthread.php?t=14048



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  • anyluck?
    06-10 04:29 PM
    Sent to California senators

    Forwarded to 5 friends





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  • SunnySurya
    07-28 12:18 PM
    To all other readers,

    Just to let every one know, I am a Hindu to the very root, but I am also the following:
    a) A human, who would prefer peace over violence
    b) An Indian, who loves the fact that it is country of Buddha and Gandhi
    c) An immigrant, who associate with other immigrants on this forum to be treated in fairness.
    d) A would be American, who would like provide the best values of this country to my kids.

    I am all that.....And I am proud of them all..



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  • maddipati1
    03-12 07:20 AM
    ur and some others optimism amazes me.. :D

    seems like u r already planning for getting ready for next visa bull(shit)etin ... and after parties... :D

    now looks like dates would move only after july..





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  • Rajeev
    01-31 04:28 PM
    This is what I have come up with so far. Please everyone, feel free to modify this:

    Have you been following at the snails pace movement of the priority dates? If not, here are some reminders
    EB3 moved 2 weeks in 10 months!
    EB2 hardly moved in 10 months!

    If this is the rate at which things move, you will get your Green Card in anywhere from 5 to 15 years based on your priority dates.

    Do you know how this affects you?
    � Frustration of sticking to the same employer and no career growth.
    � Children not being able to get state benefits.
    � Spouses unable to work.
    � The feeling of unsettlement.
    � Above all, tons of mental stress.

    Do you want be in this mess for ever. I am sure you don�t. We deserve better.

    We all have to fight together to fix this broken immigration system and achieve IV�s goals to
    � Remove retrogression
    � Remove backlogs in labor certification
    � Remove backlogs in I-140 and I-485 processing
    � Revise the way visa quotas for highly skilled workers are determined

    Register FREE to become a member today!
    www.immigrationvoice.org

    Excellent job Varsha. I would like to modify one line.

    Children not being able to get scholarships, cannot work or get state tuition benefits instead of 'Children not being able to get state benefits.'





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  • sprash
    01-30 01:51 PM
    Hi had an RFE when my dates were not current. Here is the scan of my RFE notice.
    Hope the scan helps you prepare in advance the necessary documentation.

    http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
    http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg

    I had discussed this in the following thread:
    http://immigrationvoice.org/forum/showthread.php?p=296497#post296497


    My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).

    The suspense must be terrible!

    Good luck.





    RNGC
    12-23 09:49 PM
    Hello everyone...

    IV is doing a great job.....I suggest to send email to the individuals private email about these conference calls and meeting etc in atleast 2-3 in advance, ....We get so busy that we may not be able to check IV daily, but we do check our inbox...Planning to go to the CT meeting tomorrow....Anyone from plainsboro send me a PM

    Ranga
    Plainsboro, NJ





    nixstor
    07-02 10:46 PM
    Guys,

    Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched

    Q. Can we file a lawsuit?
    A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.

    Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.

    I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.



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