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  • obviously
    07-17 10:09 PM
    The entire July fiasco and fix is nothing but a GRAND DISTRACTION.

    Let us go back to the June bulletin. The numbers became current and leaped by many months JUST AS the Immigration Bill was being debated. This resulted in the EB folks feeling temporarily elated and quite distracted with delusion.

    Then, comes the July bulletin. Making ALL numbers available made everyone ecstastic and completely distracted. This just as the debate was winding down.

    Again, two key 'relief points' that magically appeared just when the legal workers' needs could have been further highlighted. Net effect, the relative pain and position was REDUCED, so it appears that the problem was being fixed and hence not that urgent.

    Next, comes the EB bulletin fiasco. This completely derailed the community. The fix and elation in the past few hours has resulted in all celebrating a pyrrhic victory that will completely derail the discussion on EB issues.

    Like ripples in a pond, the net effect of these events has led to a complete refocus of priorities such that even temporary fixes are being toasted and celebrated.

    I am not suggesting that there is no silver lining in these clouds. The flower campaign, rallies etc have all been positive moves.

    Instead of celebrating ad nauseum and thanking each other and wondering how to send thank you notes... let us FOCUS ON THE REAL PAIN POINTS and PRIORITIES ... the end goal is a predictable system and process for Green Cards.

    Any interim relief, while truly and deeply appreciated, cannot be sold as the end product in order to buy our collective silence.

    I request the IV Core and others to please continue to highlight the need to get EB Green Card processing professionalized and predictable, in order to ensure that the respect for the law is reciprocated in equal measure.





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  • chanduv23
    07-02 09:50 AM
    It looks like, in many cases, employees are ready to put up with the crap due to some reason or the other but come to IV and complain because they want to vent out their frustration and organizations like IV is the sweet old mom who will hug anyone who needs support and they feel the comfort and warmth under IVs arms.
    Where else can they go? Not AILA offcourse, not Compete America, not ALIPAC , nor their lawyers, cannot discuss with friends or coworkers - everyone is looking out for themselves and will not bother about other's issues (unfortunately thats how people are)

    So many people come here to see if they find some solace - if IV starts a new initiative to help thewse people out - will they come out of their shadows and utilize the services?





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  • lotsofspace
    02-26 05:28 PM
    Niether many has tried this option (entering on AP and filing H1B transfer to different employer other than GC sponsers) nor USCIS has strong history of approving/dealing with these type of cases. After entering in AP, though one can very well contine the H1B with the same employer to whom any one work on H1B before leaving US. There is a memo for this type of situation. However, there is no specific memo to address this situation (Transfer). It is all depends on the individual adjucidator's logic. If they see your latest I-94 with parolee stamp, then they may deny (or issue a RFE )the H1B transfer, by the applying the the logic of one must be in the smae status to seek extension. If the deny/issue RFE, you can not counter act as there is no secific memo or policy by USCIS in this case.

    Can you please provide a link to this memo ? My attorney said, if I want to continue on H1 after reentry, I must get H1 stamped and enter in H status. If I use AP for reentry, I should change to EAD at work. This memo will help.

    I know there is a memo about continuing on H1B after filing I485 (dual intent) in the context of AC21 , but I am not aware about one that deals with entering with AP and continuing on H1.

    Most of the answers above talk about transferring/extending the H1 after the reentry to get a new I94. How about if you want to continue with the same employer and you already have H1 valid until 2011 ? Do you still apply for H1 extension ? If so what basis ?

    Do they enter a validity date on I94 when we enter using AP ? If so what date would that be ?
    What is the significance of this date on I94 when one wants to use EAD and never goes back to H1 ?





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  • pointlesswait
    05-23 01:34 PM
    When you call the law makers and tell them you support XYZ bill.. my question is what do you get out of it!

    When the lawmaker realizes that he is getting 10000 calls from LEGAL aliens,
    >who are not from his constituency,
    >who can�t vote and
    >who can�t contribute to his election campaign�
    what is the motivation for the law maker to support the bill�

    So to avoid sounding stupid and foolish and desperate when you call� a more logical approach would be to :
    a) Generate a public petition form on IV website and have all the members� login and sign the forms digitally�
    b) Then have IV reps.. fax them and send them to lobby groups �.
    c) Lawmakers will listen to one talking head�and not worry abt 1000 calls that borders on ..�saar �support the bill saar�..

    How many of you have actually talked to the lawmakers? Its always the assistant!

    But instead .. someone says we have a signed petition of 25000 members effected by immigration mess �. And it�s a hi tech workers lobby group ..every lawmaker will talk to you and not the assistant!

    Conclusion: calling the lawmakers haphazardly is actually hurting IV cause..to a certain extent!

    :cool:



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  • getgreensoon1
    04-19 09:27 PM
    Your comment is proof that even the best education money can buy does not make up for being short on common sense, decency and respect. Perhaps you should attempt another Masters, and shove it where the sun never shines. It's stunning, some of the "educated" prima donnas who make up this community.

    Found one more without good education.





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  • caliguy
    10-30 07:48 PM
    @ ndialani

    Sorry, should have put in a note for all you guys. Yes, have a copy of your 140 (that you think should be used, should be the one with the earliest priority date) & 485 receipt. Heck, I even kept a copy of my labor approval in the car.

    I think you are almost there. Good news should be around the corner for you. Having said that, please be persistent. I think if the first IO you talked to put in the details in the system, your case will be reviewed by the IO but dont leave anything to chance.

    Like I said in the earlier post, you dont lose anything by calling except for a couple miutes of your time. It's so much better than talking to some retard from Customer Service or spending hours commuting for an Infopass appointment which doesnt get you anywhere.

    Keep the faith and good luck!

    Thanks Caliguy for all your help.
    I was able to talk to IO in TSC. Very nice IO (male). He really took time to look into my case.
    First he said my case is preadj. , Than he mentioned my I-140 is under EB3 as per computer records.
    I told him, i have the copy of my approved I-140 and it is under EB 2 category. he put me on hold for like 4-5 minutes. Came back and said he has passed on the info to IO looking into my case . He asked me for Reciept,alien # ets. on my I-140 BUT God Darn it, i didint have the document with me at that time. He said, i could call, ad give it to IO . I was so MAD!!!
    After 30 minutes of searching, i found my approved I140 from 2006.
    I called POJ method Less than 2 minutes i spoke to IO ....they dont disclose the name.
    I explained my situation again and gave him all the info .He even asked my contact phone no.
    i gave it to him.
    I dont know , what to do next. Do you think they really pass in the info to IO reviewing the case?
    Should i call on Monday.
    Man! this weekend will be a GRIND!
    I wish , i had the I140 handy.
    So all of you there,
    Learn from my mistake...please have all the documents with you....you never know, what they will ask for.
    Thanks again Caliguy!!!!



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  • tonyHK12
    04-08 03:00 PM
    /\/\/\





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  • manderson
    11-07 07:50 PM
    What is a H-1B blackout?


    Sorry by "blackout" I meant how H1B visas were used up in the first day this year causing hysteria and utter confusion in the community, leading to a lotter system in the end and 2/3 of applicants without the covetted visa.


    Not surprising: !

    lol



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  • logiclife
    12-29 11:52 AM
    Those who want to practice freedom of speech are free to leave this website and organization and join someone else or start their own website or forum.

    If you dont like the moderation or banning or censorship policy, please leave and dont even bother threatening us that you are leaving.

    What's the worst that could happen?

    Everyone will leave? This organization will be shut down?

    Well if that's the case, then so be it.

    But we are not going to be spending 5 hours a day reasoning with hecklers and keep deleting and moderating posts that are racist, insulting to certain groups or damaging this organization. I would rather save my time by banning such people completely instead of reasoning with them for the sake of "Freedom of Speech".

    As an admin and moderator, if its in the interest of this organization to moderate posts, then it will be a priority over the practice of "Freedom of Speech" or "First amendment rights".

    And one more thing: The first amendment protects freedom of speech and expression for the individual AGAINST the GOVERNMENT. Not non-government entities. It says that the Government cannot take away that right from you and congress cannot pass such laws to ban freedom of speech. It applies to public and government domain. Not anywhere else. Immigration Voice is not a Government body. Before preaching constitutional law to everyone and engaging in "Freedom of Speech" grandstanding, please do a little research of how the first amendment works and where it applies.





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  • Redeye
    06-11 11:49 AM
    How far can someone go in time and sue somebody for an accident. 18 months seems to long to discover what they claim.....



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  • pointlesswait
    06-11 09:29 AM
    Dude, sorry to hear abt that!

    a friend of mine was involved in a rolling bumper car accident ... the lady comes back year and a half later and files a case aganist him..his insurance lawyers fought the case for him.... they won..

    The question is..how fast was the car on impact...check with your iinsurance lawyers they may be able to assist you...

    dont even think of running away..they issue arrest warrants for traffic ticket violations sometimes...so urs is a little serious..;)
    -take it easy..





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  • Lasantha
    09-25 03:44 PM
    The first one on the list. I assumed MRN stood for Moron. (The most of the other encouraging ones were not there when I made that post). Maybe abusive was too strong a word to describe that remark.
    But I appreciate your response and restoring my faith in IV !!!

    Thank you Lasantha for bringing up the issue of abusive remarks. We take this matter very seriously and we do our best to disclose the information of the member who leaves abusive remark. Since you posted about abusive remark, we looked at the remarks posted for you. Here are the remarks left for you in last 1 month. We are not sure which of these remarks are abusive. Kindly excuse us as I personally do not know the meaning of abbreviations MRN or pos. But your help in pointing to the abusive remark will be very helpful.



    Lasantha 10:31, 25th Sep 2008 -152 Simple. Though I had PD 3 years earlier than you I am still waiting for my GC and I am pretty sure it will take more than 2 yrs. Just becuase ur ROW u dont deserve an early GC. Grow up MRN.
    Lasantha 11:25, 25th Sep 2008 50
    Lasantha 14:58, 25th Sep 2008 -46 you are row pos
    Lasantha 15:04, 25th Sep 2008 188 ignore the reds
    Lasantha 15:06, 25th Sep 2008 37
    Lasantha 15:06, 25th Sep 2008 223 I strongly agree with your views, I appreciate your posts, you always post sensible messages. Here is my green to undo the red
    Lasantha 16:11, 25th Sep 2008 0 As you do not care take one more.



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  • wikipedia_fan
    03-31 10:31 AM
    Your lawyer is probably correct. This has to do with IO who are not aware of AC21 laws. But make sure your employer did not have any issues with DOL, USCIS in responding to RFEs related to other employees like H1 RFE, ability to pay , etc which may be used against your application.

    Well - I left them long back how will I find out?





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  • santb1975
    12-02 11:00 PM
    :D:D


    One quick and dirty one is to...people who want to 'Add to Reputation' of posts...need to buy:)

    I can't believe...I got few red dots....for this post. These Red dots that many of our IVers donate so generously need to be purchased in order to give it to anybody next time.

    Just kidding, don't take this seriously. Some people found this post 'illogical' :)



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  • desi3933
    01-28 01:52 PM
    [From the pdf file]

    The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
    H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).

    http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul062009_06D2101.pdf

    _________________
    Not a legal advice.





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  • vbkris77
    03-10 06:37 PM
    The stats you are refering to are total I485s. They include FB, Asylum etc. You are missing our China friends. They may have atleast 100K apps pending.



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  • greencardvow
    10-12 05:39 PM
    I have 4 H1 cases in my portfolio. All 4 H1's are from different companies. The first H1 case is from the year 2000. I have never received any such notice in the past. So this is really something new.
    Guys
    Please do update us if any of you or your respective attorneys have received the notice from USCIS. I am in touch with the attorney of my previous company and hope to have something next week. Will keep you posted but looks like USCIS has started this exercise only recently as we have not seen this kind of posts in the past or as SmartBoy mentioned, many of us might not have created a portfolio to check the status of all the approvals we received so far on our immigration journey.





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  • reddog
    03-11 11:22 AM
    Why do you bring Malice with you, everywhere, seriosly how does your family stand you ?
    I have seen your posts earlier, they are full of abuses, unjust full of most useless comments, let me tell you one thing, it is a very well known truth people who are most abusive on cyber space, are most fattoo & have been beaten up kind of people because they spend their life in threat but on cyberspace they become Lion. You are a typical Cyber Sher... But in real life I can guess....

    well, regardless of what sanju said, this response of yours is totally uncalled for.

    THis gives me a feeling that members on IV who are contributors and or are volunteers/activists are getting their way with foul language on this forum.

    And Sanjus last post loudly mentions that. So sanju, you being a helper to the community gives you a right to speak and behave anyway you want?

    Mods are simply looking the other way. by simply deleting his posts full of foul language.





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  • gc28262
    03-10 05:19 PM
    Thank you for great effort. I hope you are not pulling a prank.

    Who is the IV member that has asked you to post this info?

    Please let us know so that we can all congratulate him.

    No ,This is real.

    I don't have his IV handle yet.

    All thanks to that great vounteer.

    Maybe we can use the same route to get info from USCIS.





    deep2480
    01-20 04:50 PM
    Count me in and let me know how can i donate money and where we can see how the progress is going on???





    sdrk
    07-19 06:47 PM
    Writing the cheques to individuals might be a bad idea, might get into income tax hassles.

    If they can create a separte account, within the immigration voice realm.

    I will do my bit



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