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  • pbojja
    02-09 08:46 PM
    Is there anyway we can work on reporting fraud desi consulting companies to the USCIS so the fraud EB applications can be cleaned up from the system? That may help in clearing up the backlog. Believe it or not, many fraud desi firms have sponsored people in EB-2 successfully. I have worked with many such IT 'professionals' who can't speak a word of English and hardly have any idea what's going around them. I am serious here, this should be considered and evaluated. No offence meant to anyone but those who have had a wonderful educational background and don't work for desi 'firms' ought not to worry since this doesn't target them at all. I am just tired of fellow country men/women who have diminished our country's image, especially in the IT industry and am trying to think of solutions in addition to what we already have on IV's agenda.

    Is english speaking required to qualify for EB2 ? who diminished the country image ? In our company Indians are highly regarded and yes most of us work for desi companies . Dont blame others just becasue your company dont sponsor in EB2.




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  • ghouse1742
    05-03 04:15 PM
    This is just beautiful. THANK YOU !!!. I will defintely look into this. This looks very promising to me. Like me there are lot of my friends who have their spouses on ITIN for their own reasons and would not have received a single penny. Thanks again for posting this information.




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  • PD073102VA
    03-19 05:16 PM
    Will advanced degree holder need labor certification?

    I think they will. Here is how the new labor certification clause will read:

    (5) Labor certification and qualifications for certain immigrants.-

    (A) Labor certification.-

    (i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

    (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor,

    (ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

    (I) is a member of the teaching profession
    (II) has exceptional ability in the sciences or the arts; or
    (III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.

    Source: Official Senator Frist's Bill http://thomas.loc.gov/cgi-bin/query/F?c109:1:./temp/~c109BRbYkn:e244507:
    INA Act 212 http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-2112?f=templates&fn=document-frame.htm

    So labor certification is required for advanced degree holder in STEM with 3 years of US experience prior to applying will be treated as special a case.

    Also, this clause says that the degree has to be from a US university. I think Attorney Mathew Oh is wrong in saying that graduate degree holders in STEM from foreign universities can apply too.




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  • mshelat
    05-06 02:52 PM
    As I was explained SSA do not classify Economic Stimumus Package as a Federal Benefit. For them Federal benefit is a recurring payment of certain amount and the Stimulus package is just one off.

    Also, we should try and get our message across to IRS about dependents who can not have SSN due to the nature of visas issued (H4). IRS should update their system so that if first person filing the return has valid SSN, payment should be calculated as it would be if everyone has SSN. This would be lot more easy then issuing SSN and then filing 2008 returns with those SSNs.

    Any thoughts/ feedback?



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  • EB3_SEP04
    05-29 02:03 PM
    http://timesofindia.indiatimes.com/Indians-refuse-Air-France-compensation-demand-more/articleshow/4594595.cms

    here is the original event details:
    http://timesofindia.indiatimes.com/India/Indian-passengers-flying-Air-France-allege-racial-bias/articleshow/4513426.cms

    Every now and then i meet people who think/claim that UK/Aus/Canada/France/Germany are better places to live than US. They point at their labor policies, care for human rights, civil liberties such as gay rights etc. Recently heard that French people work the least # of hours in the world.

    Despite of all the good things (in theory) in those countries, their racist attitude towards colored people make them less desirable than US. I have not been to EU/Aus but been to Canada at least a dozen times, and personally i feel US is a LOT BETTER country to live for colored people.




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  • santb1975
    04-26 04:17 PM
    You get us to $2536

    Thanks IV.
    Here's my one time contribution of $100 (receipt 5Y898678VG019823F)

    Keep up the good work...



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  • syzygy
    07-23 05:51 PM
    I think we need to apprise Congresswoman Zoe Lofgren. Is there anyone else in similar situation in bay area?

    My PRIORITY DATE IS sep 2002 ..i am still stuck in PBEC ...


    Sending Petition to USCIS and letter to DOL . should be first step ..




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  • razzy77
    05-10 09:44 AM
    I got laid off with a pending I-140 filed July 2006 along with I-485. I was told that as soon as those docs are filed my H1B becomes invalid. True? I still have an approved H1B receipt from another company valid thru Feb 2008. Can I still use it? Thank you.



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  • greencard_fever
    07-07 12:23 PM
    As I promised earlier I would keep you guys updated on the process of this case.

    On saturday I received the welcome as a permanent resident to USA letter. After trying to get a hold of my attorney I got in touch with him.

    Heres the story. (this guy is a genius)
    I asked him how it was possible when my PD wasn't current I got GC approval.
    His answer was funny and pleasant. Magic :D

    He said after the approval of my PERM during filing I-140 under EB2 he also filed a petition under "person with extraordinary ability interest to US" on my behalf. So in other words both the petitions were being processed together at USCIS. Me not aware of USCIS rules wasn't aware of all the lingo so didn't know.

    Now the Extraordinary ability petition quota is always current. So when my extraordinary petition was approved the attorney informed the USCIS that to adjucate my adjustment based on this approval. Since the PD was current for this category. USCIS processed and approved the GC based on that. I love this guy I don't have to work for my current employer anymore hence he will get a big surprise when I turn in 2 day resignation. HA...

    Hello,

    Can you please post your skill set,i am wondering if i am also eligible for "person with extraordinary ability interest to US".:D:D




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  • EndlessWait
    06-07 10:40 AM
    -Jack Nicholson-



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  • rajchadha
    05-19 02:22 PM
    Thank you so much guys for your hardwork . I wont be able to make it But just sent a cheque of 250 to local members who are coming to D.C . Thanks again guys




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  • IneedAllGreen
    04-09 05:09 PM
    Check your PM and send me more information about urself and your work background/education on my PM. See If I cane help you more.

    IneedAllGreen



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  • boreal
    07-06 12:37 AM
    Everbody's posts here are speculations on what USCIS will do to I-485's filed on or after July 2. Everybody is trying to get an answer from USCIS. You called and got an answer DIRECTLY from USCIS which you doubt and don't believe. So what you want is for people here, who can only come up with speculations as to what USCIS's action would be, to confirm what USCIS already told you???

    Geez.....you definitely need a brain check.


    Be good to others please! Dont have to be mean!




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  • senthil1
    05-31 05:24 PM
    It is better not to consider instead of coming and failing so that another chance to pass with modification

    That's why there is a saying that you should never watch sausages and laws being made.

    The Cantwell amendment and Lieberman amendment will fail to pass the vote. It doesnt matter whether its ordered to lie on table or whether its ordered to take a nap on the table or have some lemonade on the table. And it doesnt matter what any of those "Motion to... " means.

    Both of those amendments, if debated, will fail. It will take 10 seconds for Bernie Sanders, Ted Kennedy and Dick Durbin to scream on top of their lungs and kill it. And the reason is very simple. There is a massive H1B exemption ON TOP OF 180,000 QUOTA. People who have been so successful this year so far in restricting H1 and employment based GCs are not going to miss that nice little H1 exemption at the bottom of both these amendments. So stop scratching your heads over what the "lying on table" means, because whatever is lying on table is unpassable if it somehow awakes from the table and starts dancing in the well of the senate floor.



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  • gopinathan
    07-23 09:09 AM
    did any one receive a rebate check like this?

    Gurus,
    I applied for tax return with my cousin as dependent. I am H1B on a project working for MNC, spouse in H4 and my cousin is doing his MS on F1. Since my wife has only ITIN, my understanding is that there is NO stimulus payment for me and my cousin will loose his $300 as he is claimed as dependent. last week, my cousin got a letter from dept of treasury that his stimulus payment is on the way and sure enough, couple of days later, a check for $300 is waiting for him.

    Is this normal that a person with a SSN who filed his return as dependent get stimulus benefit? just checking if anyone else got one like this.. does this mean I can expect $300 for myself being on H1B with SSN also?

    thanks for any suggestions..




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  • chanduv23
    09-25 12:59 PM
    Continued from previous post

    EOIR-44 �Immigration Practitioner Complaint Form� � Individuals who seek to file a disciplinary complaint against an immigration practitioner who practices before EOIR and/or DHS may file a Form EOIR-44. The form assists the investigating counsel in EOIR or DHS in determining on a preliminarily basis what action, if any, should be taken based upon the allegations raised in the complaint, including whether to conduct a preliminary inquiry, request additional information from the complainant, and/or refer the complaint to a State bar disciplinary authority.

    In addition, the form provides complete filing instructions (on the back) and information on confidentiality, disciplinary complaint procedures, and formal disciplinary proceedings.

    It is important to note that a Form EOIR-44 is not required in order to file a complaint. Individuals may write and submit their own complaint statement or letter according to the instructions in the �Questions and Answers� section below.

    EOIR-45, �Immigration Practitioner Appeal Form from an Adverse Decision of an Adjudicating Official in Practitioner Discipline Case� � Immigration practitioners must use Form EOIR-45 to appeal to the BIA an adverse decision of an Adjudicating Official regarding a disciplinary proceeding. The form provides filing instructions and information regarding:

    Right to representation by an attorney or representative (at no expense to the Government),
    Submission of briefs and service on the opposing party (including addresses of service),
    The BIA�s summary dismissal grounds,
    Oral arguments and how they may be requested, and
    Required notification of change-of-address.
    All four forms are available at all Immigration Court locations, the BIA, and DHS offices, at no cost. In addition, the forms may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.

    Any person may file duplicates of the forms, provided that any such duplication must conform exactly to font size and type of the Government-issue original and be printed on standard 8� x 11-inch bond paper.

    * * * * *

    QUESTIONS AND ANSWERS

    For Complainants:

    Q. How do I make a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.


    Your name and address,
    The attorney�s or representative�s name and address,
    An explanation of the circumstances and details of your complaint, and
    Your signature.
    Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:

    Correspondence between you and your attorney or representative,
    Documents concerning the underlying immigration case (including the case name and number), and
    Copies of filings in connection with the case.
    Neither EOIR nor DHS can accept complaints over the telephone.

    Q. Where do I send a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before EOIR (the Immigration Courts or the BIA), send your Form EOIR-44 or your own complaint statement or letter to:

    Executive Office for Immigration Review
    Office of the General Counsel
    ATTN: Bar Counsel
    5107 Leesburg Pike, Suite 2600
    Falls Church, VA 22041

    If the complaint concerns the conduct of an attorney or representative in a matter before DHS, send your Form EOIR-44 or your own complaint statement or letter to:

    U.S. Citizenship and Immigration Services
    70 Kimball Avenue, Room #103
    Burlington, VT 05403
    Q.Where can I get the EOIR-44 complaint form?
    A. You may obtain an EOIR-44 complaint form from any Immigration Court, the BIA, and DHS offices. In addition, the form may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.

    Q. After I file a complaint, what will happen next?
    A. Your complaint will be reviewed by the investigating office to determine whether it warrants further investigation, and, if so, an investigation will be conducted. If, after completing the investigation, the investigating office determines that a violation of the Rules of Professional Conduct for Practitioners has occurred, a Notice of Intent to Discipline will be issued and then sent to the attorney or representative, including a recommendation that discipline be imposed.

    Q. Will I have to testify against my attorney or representative?
    A. You may be called to testify if a hearing is held. Your testimony may be important in determining whether your attorney or representative violated the Rules of Professional Conduct for Practitioners.

    Q. Can you get my money back for me and find another attorney to represent me?
    A. EOIR cannot:


    Require your attorney to give you your money back,
    Force your attorney to act for you or tell your attorney how to proceed with your case,
    Give you legal advice about your case or otherwise represent you, or
    Recommend a particular attorney or law firm who might help you.
    EOIR can give you a list of free legal service providers located in your area. The �Free Legal Service Providers� list is posted by State on the EOIR Internet Web site at http://www.usdoj.gov/eoir/probono/states.htm.

    For Practitioners:

    Q. What if one of my clients files a frivolous complaint against me?
    A. Every complaint will be investigated thoroughly. If the investigation concludes that no violation of the Rules of Professional Conduct for Practitioners has occurred, the matter will be closed. Except under limited circumstances, complaints are kept confidential.
    Q. Am I entitled to be represented by counsel in a disciplinary proceeding?
    A. You are entitled to be represented by counsel at no expense to the Government, or, if you so choose, you may represent yourself.

    Q. Where do I get the notice of appearance forms (EOIR-27 and EOIR-28), the complaint form (EOIR-44), and the appeal form (EOIR-45) for a practitioner discipline case?
    A.These forms can be obtained from any Immigration Court, the BIA, and DHS offices. In addition, the forms may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.



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  • gc28262
    07-22 11:30 AM
    Religion, politics and language. They are all controversial topics. !




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  • storm
    07-09 04:28 PM
    Why don't you ask your attorney? He should know better than the rest of us here.




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  • PresidentO
    02-15 04:01 PM
    Now it's clear. You don't want people to drag you down, even when they have had gone through everything, Labor, I-140, been in the country for 10 years, etc. -- I thought you had a noble cause from the older posts, but apparently I was wrong.

    This also started getting ridiculous. In my own post, and agreed by almost everyone else, I specially said to put on restrictions to those who can file AOS, e.g. with I-1140 approved, or with a PD older than a certain number of years. Where did you get the impression that every H1 can arrive this country and be on EAD in six months? Why did I found that the extreme generalization and scare tactic employed by you has an alarming resemblance to those from Lou Dobbs and Grassley?

    And to answer your last question, even with a PD of 2007, I've been in the US for ten years, but could not file green card due to company bankruptcy, layoff, etc. and I am 90% certain you've been here shorter than I am. Then should give up your EAD till everyone who stays here longer than you does?

    Jchan,

    I am with you on the ludacris comparison brought by hydboy77. He keeps calling the EB3-EB2 porting line cutters as if these guys were paying 10,000 USD to buy substitute labors. Those Eb-3 folks have stood in line just like him, you and me and have an employer who values their contributions and has a position that has EB-2 requirements he can hire this EB-3 guy. Rather than thinking about the problem at its root, he keeps attacking people who port their PD and calls them line cutters. Bottome line: He has EB2 PD and worries that he will be screwed worse. While it is good to worry about the problem, it worries me when that worry comes at the expens of other's good. Jeez! we dont need anti's. We get dragged down by your own. Probably he does not know what USC code 1571 section 8 says even before AC21 came into picture. Congressional intent was to get a GC for every one with in 6 months. Infact he does not want every one to get EAD because he is scared. Doesn't a legislation that takes out the similar/same after 6 months and gets every one on to EAD is the best one as people will be able to demand what ever they want and put the kabosh on Grassley who keeps bitching that H1B's are paid peanuts?

    I do not intend to take shots at any one but this discusssion of dont do this because Grassley will do this/that is nothing but shitting in our pants and telling Grassley to become draconian. If you cant stand the heat in the kitchen, get out. Now dont tell me that the house is under fire and If I dont get out, I will burn. To hell with that counter.

    As far as your pre application post is concerned, desi3933 is right on money. Janet,IMO, has used wrong words or meant some thing else and use pre application. With out, legislative/executive change USCIS/DHS/Janet just cannot do that.

    His whole argument about the 06 guys getting GC ahead of 03/04 guys is entirely different. DOS had no other way to handle the inefficient USCIS other than forwarding dates ahead. I dont know whether he would have been happy, if DOS did not move dates and neither 04 guys and 06 guys got their GC, 20,000 visa numbers were wasted. I for one have a 02 PD and am happy for those who got out of the hell hole, regardless of their PD and at the same time I will keep pushing for USCIS to get better. I am actually seeing this effect in DOS VB this year. DOS is getting better at the game and moving the dates slowly and this summer EB-2 I/C will not go beyond Jun/Jul 05.




    chanduv23
    09-13 12:22 PM
    I have been thinking about whether to attend the rally or not from past few weeks. Attending the rally would require me to take a day off. Finally today without thinking twice I just went to my manager asked if I can take day off on 9/18 instead compensate the work in the following saturday. It was approved and I am attending the rally on 9/18!

    I am feeling so good now.

    Also, I live in DC area and can help if somebody needs to be picked from airport to the rally and drop them back if needed.

    Hope to see thousands on 9/18th...

    ALL THE BEST TO OUR CAUSE!

    Regards.


    Join the motivation campaign - I am sure all the naysayers are just on the fence - today and tomorrow are the days - to decide - yes - we know you all are joining us




    Pandi
    05-28 09:11 AM
    I have made small contribution of $50/-. Thanks to the fellow IV members on their efforts to make this a success :)



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