Thursday, June 23, 2011

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  • tikka
    07-06 03:41 PM
    http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US


    DUGG





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  • tnite
    08-09 10:51 PM
    http://www.murthy.com/bulletin.html

    Miss. Murthy reports that LS was rejected for some folks.

    How does one get to know if his Labor Substitution was rejected? If a Receipt Notice was received does that mean that it was accepted? And, can they reject it later?

    you missed the word "wrongly" rejected.





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  • kate123
    06-01 11:43 AM
    Done.
    -Thanks.





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  • pd_recapturing
    08-11 05:25 PM
    Can anyone tell what will be the status of a person who has used AC21 , and does not get the EAD renewal before the existing EAD expires ? Assume 140 has been approved, 180 days has been passed and got the EAD renewal receipt.
    I am exactly in same situation. Based on my research, you need to stop working on the day your EAD gets expired if your new EAD has not been approved. EAD renewal receipt notice is not going to help. I would stop working if this situation arrives.



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  • lazycis
    12-18 11:02 AM
    This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.

    I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.





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  • ujjwal_p
    06-05 03:38 PM
    I am not sure. Here is what my opinion is :


    I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.

    Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.

    He's a lawyer, a businessman, not an applicant nor a politician. So expecting him to stand up for anything but his business is lunacy.

    I can say one thing though, I haven't see any lawyer going about providing free advice like he does. I visit his site pretty much everyday and he is very active in responding to people's queries on the forums. I think that says a lot about him. I am not sure what your "spicy messages" reference is. If its about him making statements about USCIS inefficiency, thats an open secret and the fact that he makes statements like those goes back to counter your own point about him not standing up for immigrants, which as I said before none of us should expect him to anyway.



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  • AgentM
    07-12 11:43 AM
    Increase the Visa numbers, that's what we should be aiming for.
    A one time news event is not going to solve the problem.

    The July fiasco, should be used to start an all out campaign with Congress to increase the Visa numbers.
    Let this opportunity not go to waste.

    Please keep fighting.

    Send flowers on 12th of every month to USCIS or DOS.

    Do not let this opportunity go waste.





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  • software7
    05-13 11:38 AM
    Raj,

    Every state has 2 senators. just google to find senators on your state
    go to their websites and their contact details will be ther. You can email or call them.
    Good Luck!!



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  • pappu
    03-25 09:49 AM
    We support all bills and all legislations that help us. Whether its STRIVE act of 2007, or some new version in the House or the new version in the senate or any new name of a bill that helps us.





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  • EBX-Man
    05-12 08:54 AM
    I have 2 questions. Why you think only I485 not greencard. Fight and get Greencard? Start protest self. Others join when one start. Why not you?

    That is because he does not have the drive and initiative that you have ...



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  • msp1976
    12-20 05:17 PM
    Hello IV and its core members,

    INA 202 (a) (3)

    �Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
    Therefore, the 7% country cap had always been �soft� till year 2000.

    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.

    After 2000 (After AC21) the following law was added to INA in the section 202.

    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.





    The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
    The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????





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  • hopefull
    07-06 04:24 PM
    DO YOU THINK he will care about the flowers you send across..

    he doesnt ...he ll smile gleefully ..thinking you guys are idiots wasting money on flowers while the flower wallah..will make money ...

    COME THINK ABOUT IT ...PUT YOURSELF IN DIRECTORS SHOES...

    WHY SHOULD HE BOTHER FOR THOSE FLOWERS????

    BOSS YEH ROMATIC GANA RUNNING AROUND TREES AND SINGING AND GANDHIGIRI IS GOOD ONLY FOR THE SCREEN PLEASE DONT LET THAT INFLUENCE YOUR ACTS IN REAL LIFE...THERE IS ABIG DIFFERENCE IN REEL LIFE AND REAL LIFE...

    IF YOU WANT TO MAKE AN EFFORT CONTRIBUTE FUNDS ...STRENGTHEN THE HANDS OF THE CORE...LET THEM MEET THE TOP SHOTS IN FACT

    I WOULD SAY GET A LOBBYING FIRM AND MAKE SURE THAT THE FIRM IS JEWISH ...



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  • pappu
    12-24 09:56 PM
    Let us see how many IV folks are in this boat. It is really unfortunate that you guys have had to wait. I think there are others who may have applied later in EB3 and due to different state labor, they got their GC in a couple of years. Now they maybe preparing for citizenship while you are still waiting for greencard. The labor backlogs have created this situation.





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  • dineshksharma
    07-14 01:41 PM
    Thank you very much Dinesh for this. Currently my spouse's passport is stuck in the same place for god-only-knows-what reason. The embassy staff said they are auditing every 2nd-3rd application. We have the AP but we were thinking that if we withdraw the H1B application, the embassy people might stamp the passport saying "Application Received" which sometimes can be a euphemism for "Visa Denied". I once got such a stamp when visa was denied to me.

    Since we would then always have to keep explaining at every stage why we have that stamp, that's why we are sticking on with H1B delay. We have been given the same time-frames as you were.

    When you withdrew your passport to travel on AP, did they stamp your passport with any text? Also could you please tell us the procedure you followed to withdraw your passport and whether you could collect it in person? We have been asked to email the US Embassy for withdrawing from our H1B application.

    Thanks buddy.

    When they told me about clearance and delay, they did not keep my passport, but gave it back to me at the same time and hence, I was able to travel. they, however, cancelled by previous visas. I never asked them to withdraw my H1 application.



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  • kaisersose
    06-05 03:27 PM
    Thanks KS !! but is it a law or did they create their own rules ? I know I am day dreaming here ...but if they were to push (the worst category) EB3 - I in this case so that it is somewhere in 2003 then it would make their system look better ..i.e. instead of giving people a chance to say that USCIS is broken they could say ..people will get GC's in 4 -5 years time.

    Check the Family based 4th Category for Phillipines. It is stuck in 1986 for a long time now. That is they have pending applications from 22 years ago.

    I don't think they have any interest in making their system look better. It is what it is.





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  • number30
    10-26 11:28 PM
    Hi i just checked my 140 online status is shows,

    "On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly."

    But why are they sending it to DOS unless you file for Consular processing?



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  • Sheila Danzig
    02-25 01:52 PM
    I see this all the time. An RFE for one thing (usually like yours - accreditation of the PGD or Masters degree) and then a denial based on the 3 year bachelor's. I tell clients to cover the bachelor's degree when they get the first RFE.

    With regards to the Masters equivalency - USCIS has objected to the Masters if preceded by a 3 year bachelor's degree. However, properly evaluated with reference to an unpublished AAO decision (not legally binding on its own but very powerful) we have seen these cases approved.

    The link to the AAO decision for the 3+1 being equivalent to a US bachelor's degree is NOT relevant. In that case the 1 year bachelor in education required the 3 year bachelor for admission so it was not considered combining. Much like an associates degree is required for admission to a bachelor's degree so that is not combining. (We use that theory when working with a 2 year bach + 2 year masters, generally from PK).

    If you want I can review the case for you at www.cciFree.com - you can file an MTR. And if you end up in the appeals office the previous AAO decision should hold up there.

    Here is the link:
    http://www.murthy.com/news/n_combdg.html

    Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?

    I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.

    Good luck!





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  • abracadabra102
    01-27 10:48 AM
    Better still, send your prospective employer link to this thread and ask him if he is willing to sign an "at will" employment contract:D





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  • Honda
    05-12 02:35 AM
    DREAM ACT Is for only illegals not Legals...

    Democrats are trying once again to advance legislation that would give some young illegal immigrants a chance to live legally in the U.S





    nogreen4decade
    07-16 06:27 PM
    No. I am not anti-immigrant. I am anti-illegal immigrant. I know the AZ law very well coz I read it not like many who seem to listen to talk radio. Good opinions can be formed only with good knowledge and we don't need evryone to have an opinion. Most should only subscribe to an opinion otherwise there will only be infighting and no progress.

    President Obama just lost a good chance to gain democratic majority in Nov. Now people are saying....why is the fed govt. not letting a state protect its citizens?

    Also the fact that a lawsuit is brought against AZ shows that the real wider immigration issue is not to be touched.
    Can you explain how this new law protects American citizens?





    go_guy123
    01-27 12:11 AM
    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.


    No problem these bonds etc clauses are unenforcable in court and
    only act as deterrant against people leaving. Its a dog that barks not bites.
    So you can sign and start working. Even teh good consultant have these types of clauses.

    Mine one also had that , however they were good employer