Sunday, June 19, 2011

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  • ANGEL
    07-30 02:24 AM
    Hey all,

    hope you guys have visited the IV physicians blogspot.It is very good.One of the bloggers mentioned about supporting such a move, but the question is how do we start.I myself is technlogically challenged so we have to get the expertise of the IT people.I think we should start now.




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  • eb3_nepa
    07-14 01:20 PM
    Done

    Good job sparklinks




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  • scottsmith
    09-15 01:08 PM
    GCTest, there is a saying about you in Hindi "Kuttee Kee Dumm 12 Saall Pipe Mee Daal Kee Rakhoo Too Bhee Seedhee Nahee Hootee"
    saale bhikari... can you even spell "moron"




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  • bomber
    07-20 01:16 PM
    I think you can also switch using your H1-B. You can still invoke Ac21 on H1-B, just that EAD makes it easier to find new employers.
    moreover, you will now have to spend approx 4K on H1 renewals every year.



    I can see how it will affect many people's (including mine) spouses job prospects.

    Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
    "an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"

    or does it say

    "6 months after filing 485, the employee can switch"

    thanks



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  • swissgear
    08-23 03:03 PM
    It is not the right thing -- from your perspective, because you can't take advantage of it. From the USA point of view multinational executives can potentially create jobs and that's why they must be allowed
    You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!

    My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.

    And to make things more clear, I didn't quit the job just because I wasn't getting a chance to file in EB1, its because you are expected to work 24/7, Yes I mean 24/7 having to take calls midnight, logging and working from home in odd hours, any day time with offshore, onshore, clients and paid like 65k. Life sucked and I couldn't take it any more and had to leave..

    I'll stop and leave it here....




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  • bigboy007
    06-03 01:35 AM
    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.

    *******************

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.



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  • Marphad
    07-06 02:41 PM
    Not that I say we need change, but this is a public organization. Everyone has a right to call for election. There is nothing wrong.

    Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!

    I am surprised to see that IV has 450K asset! Where did that number come from?

    I checked 2007 return and it has only 100K asset. I am not sure we accumulated 350K since then. I think you got confused with revenue vs. cash on hand / asset.




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  • sj2273
    08-18 09:52 AM
    done!



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  • ssnd03
    04-02 02:10 PM
    You are right, it will be tough to dig into an agency that does approve your status here.


    Fortunately the US justice system works for everybody. Thats the hallmark of this great country.

    Anybody can go to a court and seek justice if they feel they have been harmed or suffered losses even by a govt body.

    Ample evidence is available in court records for cases against USCIS by GC applicants for delays and errors. This not an opinion but a fact.

    In this country you just don't get screwed or get a cold shoulder for seeking justice within the written laws.

    Unfortunately numbskulls like villamonte and DED don't have a mental capacity to understand these concepts




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  • alterego
    12-10 08:36 PM
    It looks like they have heard from IV members about the spillover rules and their clarification about the QUARTERLY spillover is useful. Also them categorically stating that any spillover visas would be used in strict order of PD is reassuring. Whether they actually practice or not, it is good that they have gone on record as saying that is the way it should be.
    In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
    This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.



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  • innervoice
    05-15 08:30 AM
    How long a person can continue to work on EAD if he gets a denial notice.




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  • Milind123
    09-12 11:18 AM
    Thankyou satyachowdary and sameold.
    All, please remember my intention is to motivate the people who never contributed and who start
    a $50 monthly contribution at least for six months. Also don't forget to PM me when you
    start your monthly contibution.

    Anyway good start. satyachowdary and sameold please consider monthly contributions.


    Here are my details

    Order Details - Sep 12, 2007 11:34 AM EDT
    Google Order #365470411117583

    Sorry forgot to mention the amount of $100.



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  • Jimi_Hendrix
    11-06 08:44 AM
    Good to hear from you. Yes, I think we need to touch base with as many members in So Cal as possible. I would like to meet you all and plan out some of the things we can do here locally.

    Regards,

    Jimi




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  • lonedesi
    08-13 02:12 PM
    lonedesi,
    Any word this ?


    You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.



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  • NKR
    04-02 12:55 PM
    I reviewed my comment and I haven't wrote anything trashing another country and I didn't say that USCIS is bad. In fact, if you read carefully I am trying to defend USCIS from "Mirage's comments".

    I don't know what nationality you are, but, I am an Australian and I don't need to suck up to get my green card. I will get my greencard soon, probably sooner than you.

    In fact, there is a special immigration program "only for Australians" that allow me and my dependents to work and live in Australia indefinitely. That was signed in to law by the President last year, if you didn't know about that. I guess you got me wrong. Australia and America have good relationships as you know.

    I still would stress to thank America for giving me the opportunity to work and live and experience America.

    Please read my comments properly next time and be a little fair on your comments.

    No wonder you do not like people complaining about things not moving fast enough. Dude, you got to eat something to know how it tastes.

    If you are getting a GC sooner just because you are an Australian, you have no moral authority to preach people who are affected. This thread is not for you, you are welcome to visit other threads though.




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  • chanduv23
    05-14 12:21 PM
    There are plans on IVs agenda to see if we can collectively help ourselves on these issues.

    I recommend all members to use every channel you get to fix issues like these.

    We are entitled for a fair process and we must make sure every application is treated in a fair manner.

    Folks - anyone can face these issues.

    If you have any case problems, please contact the Ombudsman, contact your law makers. Let everyone be aware of these issues.



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  • tikka
    06-03 03:08 PM
    I understand but i already sent our media drive to 50 different media , i aleady sent multiple faxes , i already sent many many emails but please advise me what more should i do to convince IV core that issues i have mentioned also effect many who are already IV members , i am requesting you to see Text of Webfax is added acoordingly ?

    I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected

    please check

    thank you




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  • gclabor07
    09-01 08:56 AM
    Arrived in US in August 1999.
    Labor started with employer A in 2002.
    Changed job with Employer B in 2006.
    Attorney screwed up with new labor in October 2006.
    Refiled new labor in July 2007.
    Missed the July 2007.




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  • JunRN
    05-15 11:39 PM
    He got info from USCIS through congressional liason that his 140 was indeed approved on the date when the IO claimed it was denied and it was indeed revoked when he got a denial. The revoke was initiated by his employer.

    They seem to have all info proper. There is no faulty system. If there is faulty system, probably we have known by now with things never happening right

    Thanks for the clarification. Regarding faulty system, if it's not the database, it must be the practice. We have heard not few cases of AC21 cases being improperly denied.

    My take is that the system used by USCIS is not designed to check for AC21 cases and so rightfully, when IO sees denied I-140, they deny the I-485. I think their Manual is also not updated to reflect AC21. AC21 is still a memo and not in their Manual.




    abracadabra102
    09-14 01:22 PM
    Please stop this EB3 vs EB2 nonsense :mad:. Let us work on something all of us can agree on a) VISA recapture b) STEM exemption c) Streamlining of USCIS processing etc. Let us not open the old wounds again. We are becoming a laughing stock with this constant bickering.




    reddymjm
    02-23 04:32 PM
    What is LUD

    Last updated date



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