Tuesday, June 28, 2011

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  • satishku_2000
    07-08 06:43 PM
    I have a question , if someone want to answer it.

    We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.

    I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC


    Your company does not file adjusment of status (AOS), you file the AOS for you and your dependents ... we are not talkin about labor and 140 here we are talkin about 485 .. Your employer or lawyer does not undergo vaccinations and medical tests ...

    You should ask your lawyer about "due process under law" in american constitution ...




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  • rmdsouza
    06-23 10:49 AM
    This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.

    The standard line amounts to this:

    We are highly skilled we are legal and we are stuck and dont deserve this.
    This is not good PR. Nobody cares about this.. it will get us nowhere..

    We need to have a standard message apart from all other humint crap..

    1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.

    2) legals are in most cases paying taxes for which they may never realize the benifits like social security.

    We need to let it be known in a firm polite manner that
    1) we are giving more than we are getting and are not free loaders
    2) we are not harming or displacing anyone.

    I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.

    I would say that Social Sec Taxes and Medicare are unfair taxes. Some H-1Bs (read people from India and China) are not treated the same way as citizens, Green Card holders, and othe H-1Bs (read from Western Europe). Since they wont give us GC's.., we have to eventually go home. This implies, no Medicare or Social Sec benefits. Going by a conservative estimate.. there are about 500,000 GC applications in the blackhole for an average of 3 yrs. Each pays on an average $4,200 SC and Medicare taxes. So the state owes us $6.3 Billion... We sincerely request that we be treated fairly and our money be given back to us.. OR.. easy for them, give us GC




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  • akhilmahajan
    02-10 10:39 AM
    Thanks a lot gc28262.

    Grand Total - $944

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.

    Sent $25 by DCU bill payer: Conf# 8MWJ0-YG7FV




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  • ragz4u
    05-02 10:45 AM
    The �SKIL� Bill
    Short Title: Securing Knowledge Innovation and Leadership (SKIL)

    Title I � Access to High Skilled Foreign Workers

    Section 101. H-1B Visa Holders
    Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.


    Section 102. Market-Based Visa Limits
    Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.

    Title II � Retaining Foreign Workers Educated in the United States

    Section 201. United States Educated Immigrants.
    Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.

    Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.

    Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.

    Section 202. Immigrant Visa Backlog Reduction.
    Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.

    Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.

    Section 203. Student Visa Reform.
    Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.

    Section 204. L-1 Visa Holders Subject to Visa Backlog.
    Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.

    Section 205. Retaining Workers Subject to Green Card Backlog.
    Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.

    Title III � Business Facilitation Through Immigration Reform

    Section 301. Streamlining the Adjudication Process for Established Employers.
    Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.

    Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
    Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.

    Section 303. Eliminating Procedural Delays in Labor Certification Process.
    Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.

    Title IV. Miscellaneous

    Section 401. Completion of Background and Security Checks.
    Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.

    Section 402. Visa Revalidation.
    Allows temporary workers who have not violated their status to renew their visa from within the United States.

    Section 403. Severability.
    Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.



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  • Green.Tech
    02-26 05:48 PM
    Green.Tech,

    Allow me to ask you this. Why do you waste your time like this? Don't you have anything better to do? This suri guy is a jerk fresh out of PMP some class, and he wants to see a "project plan". Let me send him a power point presentation and Microsoft Projects file about the "project plan" which he wants to see.

    Look, you can waste your time for as long as you want, but there will always be jerks who think that advocacy for EB issues is a "project", and at the end of budget and scheduled time, he wants to see the desired output. That' a narrow mind-set of PMP certification, which often do not apply in advocacy campaigns. It's ok, it took me time to understand this, but I had to do my own research to understand this. suri has to do his own research to learn more than his pmp class. You cannot explain it to this suri guy. So my advice to you is, please don't waste your time.

    Also, who knows if this suri guy is an agent of some tracker site, just playing his charm to dampen our spirits so that all we do is track our soft LUDs.

    .

    Sanju,

    I couldn't tell from the tone of your message if you were reprimanding me or offering me an advice in good faith. :) Anyway, the optimist in me believes that it was the latter. Thanks for the advice but I do not believe I am wasting my time by answering queries like these from members who think IV is out there to do them a favor at each step without them participating in the march towards the ultimate goal. It's all in one's perception, I guess. Even if I am successful in changing the mindset of one individual in a month, I will happily 'waste' my time on this forum :)

    Keep up the good work!

    Green.Tech




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  • feedfront
    11-19 02:55 PM
    Done.



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  • axp817
    07-28 02:36 PM
    I-765 received: July 22 2008
    Soft LUD: July 27 2008




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  • Ramba
    07-11 11:39 PM
    @Ramba:
    Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?


    Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.

    Your argument is so nice. If you get a nice, immigrant friendly, kind hearted adjudicator for your 485 application, he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income". I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B. If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporay job; just think how much they will scrutinize for GC. Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.

    AC21 memo is a non-binding memo. Tommorow they may release another memo or regulation that repeal the self employment in AC21 cases.



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  • YesGC_NoGC
    06-27 10:19 AM
    What is the commitment period? I know this is frustrating but deal with that as time passes by, who knows you manager changes by the time you decide to change the job or your client send a request to hire you to your vendor and in general no vendor refuse client request. Once this agreement is in file do you think someone will have time to bring this up and read clause by clause that too when you have left... there can be many reasons to leave and can not be covered under any agreement.



    I will not worry about sigining this, this has no value once you get GC or become full time employee,in order to execute this agreement , they have to make sure/prove they have this agreement with each and every employee. Legal terms "EMPLOYMENT IS AT WILL" in order to chase you for 10K they need to spend time & cost both.


    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.




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  • yabadaba
    03-09 12:40 PM
    another story:

    i have a close friend who has been here since 1991 with no GC. he came for his undergraduate studies in 1991..finished that...got a good job...met a girl...got married...girl was also an undergrad here then went to grad school...then lost his job..girl was still in school...lost almost everything

    then he built his life back..got a job....started working his way up...girl graduated..worked in a small company and then changed jobs..started gc process for the 3rd time...luckily got ead and ap....girl changed jobs...bought a house...retrogression happened....and hes still waiting

    can u beat that...hes been here for 16 years.

    putting off decisions is very easy when it comes to gc...many times u just need to bite the bullet and live ur life. dont get me wrong.. i have put off getting my h1b stamped for over 3 yrs...havent been out of the country for 5 yrs...now i have decided its not worth it and will do it sometime this yr.

    like russell peter's chinese person says "be a man...do the right thing"



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  • akhilmahajan
    02-10 04:04 PM
    Thanks a lot preethamsp.

    Grand Total - $1220

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.

    Hi,
    Just sent money thru paypal for $51.
    Transaction ID #21052831UU2493611.

    I know that it was requested to send in checks, so as to avoid the processing fees etc from paypal, but i thought this could be the fastest way to send money, hence hv put in $51
    I pledge to make another $101 as soon as we hit $5000.00 mark.

    c'mon folks dont make me wait too long for my pledge.

    Thanks to those who have made the contribution.
    A humble request to the newbies and casual visitors to contribute at this crucial juncture.

    Freeriders, here's a chance to redeem yourself and payback for any help/information you might have got from IV.




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  • english_august
    07-06 02:59 PM
    Alright friends, so we now have a lead item on Times of India on this effort.

    http://timesofindia.indiatimes.com/articleshow/msid-2183334,prtpage-1.cms

    Can we now have some of the Nays turn into Ayes? We now have proof that this effort is attracting media's attention, we now have proof that it is viable. Can we please make it a smashing success by getting great numbers?



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  • reddymjm
    06-07 05:55 AM
    It is better to take your time and make sure everything is sound, then hurry and miss something.

    Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
    My attorney said the checks should be payable to USCIS not DHS. The PD is always ur LC filed date. Receipt date is when the application is received and notice date is when they assing a LIN/wac number and take ur money.




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  • r2i2009
    09-13 08:55 PM
    Guys,

    Given the EB3 situtation.....most EB3 will convert to EB2 and flood EB2. This is going to happen soon. More money for USCIS.....EB2 will become U



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  • GCNaseeb
    09-12 09:24 AM
    Please create link to main page So that everyone can access easily.

    Its been noticed that the updates are not seen from the main page right from it was created. Better yet to create a new thread under members only thread and try merging these.




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  • desi3933
    07-10 02:55 PM
    I
    ....
    My question to you was if no H1B is "permanent" (as you opine), then how can you prove that the AC20 job on H1B is or isn't "permanent?" So if that job is not "permanent," how do you convince/mention that in as RVE-EVL?

    Because Future GC job could be same job on H-1B, only difference being on H-1B your job has fixed end date (noted by I-94), and GC job has no fixed end date, hence permanent. It does not make that current job on H-1B permanent.

    Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.


    .



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  • sunsuri
    07-04 06:05 PM
    I had sent mine out on July 1st and it was received on July 3rd at 11:14 a.m.




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  • mirage
    03-06 04:31 PM
    And worst is the lottery...What pisses me off is that there are 220,000 visa numbers every year for family based GCs while skilled immigrants get only 140,000. Nothing wrong with immigrants wanting to bring immediate family members but this is causing nothing but chain migration. I think USA give more GCs to cab drivers than skilled immigrants.




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  • gc_aspirant_prasad
    07-11 10:13 AM
    This one was the best... Where did this come from??
    I think its a conchshell original.
    By and far one of the best!




    SGP
    11-17 04:47 PM
    Sent Once again from my spouse's email ;)




    JunRN
    08-31 08:38 PM
    I fully support this rally...what I can do for now is to convince my friends to attend! I will also write some letters to TV and radio to cover this rally. I will also write on some blogs and invite others to attend the rally.

    See you on CNN.



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