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  • ca_gc
    02-14 02:13 AM
    "If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally."

    This is a blatant lie. India is not using up ALL the H1B Visas, how can it use up ALL EB Immigration visas.

    ROW will have to wait more than the present if there are no per country quotas, which they would not like. Who wants to give up their advantage ? To hell with the Indians and Chinese. They will fight anyways and anything good coming out of it can be shared by everyone.





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  • komaragiri
    07-23 02:29 PM
    It's part of initial evidence. Not sure why your lawyer mentioned that u don't need it for I-485 filing.





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  • ash123
    02-12 03:41 PM
    FYI .. This post is what I received in e-mail few days back.

    I would like to bring to the notice of your readers, editorial committee and leaders of
    the Indian community of a systematic way that (legally) the US Government is practicing
    legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.

    While it is agreeable that the current economic downturn is the worst one has seen.
    It is time to band together with what resources we have and make it thru this perfect
    storm. However, the machinations of a few politicians and the further connivance of the
    USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
    foreign professionals'.

    Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
    such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
    Yogi Chugh etc should do something about this with their contacts at the highest levels.

    How is this happening and why is it ethnic cleansing?

    Since 1990's every year several thousands of Indian professionals come to the US. Because of
    delay in processing of their Green Cards a vast majority of them are on H-1B.

    With the current downturn, Sen. Grassley et all have raised such a stink that companies are
    forced to lay off H-1b holders first before they lay off any other US employees. While the US
    employers may not always do this. They are being shamed into revealing how they laid off
    US Citizens before laying off others. Net Net....Indian professionals are being laid off from
    large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).

    Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
    do not find another job. Now, many are forced to leave the US as they cannot sustain living
    in the US. However, some enterprising few are finding lower paying jobs or are finding so called
    'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
    economy improves and they can find suitable jobs. Here is when the systematic targetting and
    ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
    question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.

    These RFEs are raised in such a way that it is impossible to answer them. They are thus
    not only targetting the H-1b candidates, they are systematically undermining the people
    (companies) who want to help out H-1b candidates out of their predicament of being stranded.

    Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
    Green Card. You are close to getting the green card but because of backlog you only get
    what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
    Then your employer fires you....

    There are two paths here.....Technically, with a EAD card you can get employment anywhere
    with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
    that a person with EAD should have another job with the exact same profile and same salary.
    In this market who is going to give you a job with this exact profile as your old job. The only
    way for a person to stay on 'legally' is to file a backup H-1b.

    Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
    software professional.

    Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
    provided by the 'body shopping company' and issue a denial of H-1b extension.

    The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
    person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
    ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
    US. The same professionals who came to US to contribute to its success will now be kicked
    out of US against their wish. The companies who are willing to help them will also be harassed
    in the bargain, some of those companies will be investigated for non-payment of wages, some
    of them will be subjected to USCIS audits for trying to help these helpless people whose lives
    are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
    These are very tough times and there is no reason to pick on the helpless, unrepresented people.

    This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
    in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
    This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
    of making it the American dream and participating/contributing to its success.

    What should the USCIS do?

    Given the tough times...They should allow people to stay on in the US as long as another
    employer is willing to keep them in status. They should not question the H-1b applications as
    everyone knows that USCIS can find issues with every single H-1b extension filed right now
    with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
    tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
    H-1b applications rejected by the USCIS with the silliest of excuse.

    What is in it for the USCIS not to do this ethnic cleansing?

    Long term vision for America not just right now. This year the US Embassies in India issued over
    98,000 visas to students from India. These are students who are paying their way thru education
    in the US (a country with the most expensive but best education). If it turns out that US specifically
    targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
    to the US within the next 2 or 3 years.

    Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
    this downturn. The economy will surely improve in the next few quarters. There will then be new
    sectors of the economy that will boom that will need professionals. There will be enough work by then
    for these H-1b professionals as well as US residents.

    Confident and free people contribute positively:
    If the word spreads that even in bad times this society did not turn on them then the US people
    will be appreciated. But, if the message is, when you are down they will kick you where it
    hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
    and Asian origin who would end up buying a house if they knew for sure that they could continue
    to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
    not splurge. Just this measure of confidence will ensure that they will spend money in the US
    economy. Just their contributions will ensure that there is a bump in the housing sector.

    Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
    is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
    getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
    driven out of the country which they have loyally served for varying periods of time.....

    God Bless America....God Save America from 'some' of its own people.

    Thanks.





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  • bheemi123
    10-03 01:30 PM
    need to know the process of conversion of L1 to H4


    apply transfer for change of status...



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  • ponvas
    09-26 09:43 AM
    I jus send the mail to editor...
    I've also send the link to businessweek and Nytimes..where they have written it correctly...


    This is nicely being played by big lawyers. They used us for demostration and converted the propaganda to media as it is for H1B . Profitablity is more on new H1B





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  • pappu
    07-01 10:23 PM
    QUESTIONNAIRE FOR POTENTIAL PLAINTIFFS
    USCIS VISA BULLETIN/VISA AVAILABILITY LITIGATION
    This document is a form, which means that you can only type in the areas within each box. Click in the boxes and start typing. If your answers are longer than the box provided, please use a separate sheet of paper. For the check boxes, click in the correct box to mark it. Thank you!
    Please be sure to include a copy of the following with this questionnaire:
    • Completed I-485 as submitted to USCIS, and any cover letter sent with it;
    • Evidence of method and date of mailing (USPS, Fed Ex, etc)
    • A list or index of attachments sent with the I-485 (if the cover letter provides the list or index, no need to send us a separate one)
    • USCIS letter rejecting the adjustment application and / or any related correspondence, if received.
    Date questionnaire is completed:
    Completed by:
    Attorney Contact Information:
    Name
    Email
    Firm
    Address
    Telephone
    Fax
    Adjustment Applicant Information:
    Name
    Address
    Phone
    Email
    Nationality or citizenship
    Adjustment Application Filing Information:
    Date adjustment application was submitted to USCIS and method of submission:
    Where was the adjustment sent? (Please note the specific DHS(USCIS) office)
    What was the employment-based immigrant category under which the adjustment application applied?
    USCIS rejection of the adjustment application:
    Did DHS (USCIS) expressly inform the applicant or attorney, orally or in writing, why it was rejecting or returning the adjustment application?
    If yes, please explain in detail:
    Please send us a copy of any written notice or other correspondence from USCIS rejecting or returning the adjustment application.
    2
    Harm to adjustment applicant:
    Please describe any harm that the adjustment applicant has suffered or is continuing to suffer due to the rejection of the adjustment application.
    Please return this form and documents by email or fax to:
    visabulletin@ailf.org
    or fax (202) 742-5619 attn. AILF LAC



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  • sanju
    02-18 07:17 PM
    How to convert from Legal to Illegal?;)
    How about if I tell USCIS I am born here and never applied for Birth Certificate?

    that's why you name is champu.


    .





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  • meridiani.planum
    03-13 11:51 AM
    Has any one working on EAD experienced delays in renewals and how does HR department react to such delay's. Least on H1 it is clear that you can work for 8 months on receipt.

    where I work one of two things happen:
    - HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.

    - If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.

    File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.



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  • WeShallOvercome
    07-20 02:38 PM
    Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
    After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.

    Thanks.

    you don't need PD's to be current to apply for interim benefits like EAD/AP





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  • snathan
    08-10 12:50 PM
    Thanks VDLRAO.
    I looked at 2008 data from same source and surprised to see 70046 approvals for 2008-EB2.
    Does that means there are not many old cases in line ahead of us?

    Source link: DHS | Yearbook of Immigration Statistics: 2008 (http://www.dhs.gov/files/statistics/publications/LPR08.shtm)

    check for table 6

    That means EB2 India/China will see drastic movement this year....may be to end or 2007 or 2008?



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  • Jitamitra
    06-08 06:04 PM
    Same old stuff. I dont see a light at the end of the tunnel till some immigration reform bill gets shoved in or a comprehensive immigration bill is introduced.

    The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.





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  • digmetalq
    04-07 06:35 AM
    The POE issue must be taken seriously, God forbid if you have family emergency, and you are on H1B, will you take the risk and travel, and even if you have to when you return you realise that your employer says that he has qualified US citizen from programmers Guild to replace you.



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  • BlueSunD
    02-23 09:32 PM
    Sounds good to me, I havn�t had too much spare time to work on my entrie... but let�s really hope people havn�t really forgot abou this battle! :puzzled:





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  • ponvas
    09-26 09:43 AM
    I jus send the mail to editor...
    I've also send the link to businessweek and Nytimes..where they have written it correctly...


    This is nicely being played by big lawyers. They used us for demostration and converted the propaganda to media as it is for H1B . Profitablity is more on new H1B



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  • Desertfox
    12-10 07:01 PM
    I am on L1 & my I-94 is expiring in a month from now on 11 Dec 2007 . I have applied for my L-Extenstion and is pending for approval.

    Given this case - can my wife apply for a EAD with the current L1 approved document (expiring on 11 Dec 2007( and add my L-Extension approval papers later on?

    There seems to be a three month delay in getting the EAD - hence wanted to initiate the process earlier and not till my L-Extension papers come-in

    Please help me ASAP.

    Sriram

    My spouse got EAD from similar situation. Your wife should file I-765 for L-2 based EAD along with the receipt notice (I-797) of your I-129 (L-1 extension application). She should mail a I-765 hardcopy application to USCIS. USCIS will get back to you with RFE after 45-60 days for your I-129 approval notice (i.e. principal applicant's L-1 extension approval). BTW... hasn't she already filed for I-539 this way?





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  • BharatPremi
    03-17 02:19 PM
    Based on your assumptions, it would take around 2 years to reach Dec 2003 for EB3-India.

    # of visas required = 5000 or 6000 * 1.75 = 8750 or 10, 500
    # of visas available = 5000
    # years of wait until Dec 2003 = 1.75 to 2.1 years.

    Right. But here USCIS plays its villain role. What happens is USCIS moves clock ahead depending upon last month's "demand." We always think stramline logic.. USCIS does not work that way. It will kick PD to x date for an example Dec 2002. Now at the same time it will keep RD at say for example july 2001..Now it will keep some files eating dust in Name check so end effect is "Some" will get their gC. So next month, seeing this "demand" USCIS will kick PD further.. same game.. I believe at some level it decides seeing it reaching to "3500" limit put a break. So in reality what happen is even though USCIS kicks PD ahead not "all applicants with valid PD" get their GC. If they are unlucky enough to stuck in name check or RD is not being current, they will again wait for years for next kicking cycle start from April 2001.



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  • kramesh_babu
    07-27 08:44 PM
    But I do understand your point though, FYI. I already left them last summer in good terms and I still have good relationship with them. I also referred few of my friends (who had bad experience with their employers and wanted to come out) to ECG and never heard any issues from them yet :)

    Other than the above, I really do NOT have anything else with them, TRUST ME dude!!!


    Are you sure you are no way associated with them (of course, other than being a consultant to them)? ;)





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  • StarSun
    03-15 09:04 AM
    VA, MD, DC members please contact sukhwinderd for hosting members.

    Members who have air miles to donate, please do so now - contact vin13.

    Many members from the west side are requesting for such options.





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  • sweet_jungle
    10-26 10:11 PM
    bump, action item, please notarize and mail. Please keep this thread active!

    please send the link and doc.





    andy garcia
    09-10 01:58 PM
    This holds true for even your spouse not being eligible for in-state tuition. WHY???? Because you are a legal dependent(spouse/children) immigrant?
    But the children/spouses of the illegal aliens are eligible for the same!!!!!

    Guys, you have to move to Florida. When my wife and son were on H4 they were paying in-state tuition.

    this is copied from the catalog of the school:

    The following categories will be considered as Florida residents for tuition purposes:


    Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
    Full-time instructional and administrative personnel employed by a public educational institution and their dependents
    Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
    In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
    Others as permitted by state statute or rule





    svr_76
    02-19 10:59 PM
    I'm one of those who say with pride that I can create jobs and buy houses. Then why will not congress or policy makers not touch this. As some here said it depends upon what we think about ourselves. I know many people who like to work under someone even after 10-15 years, my brother is like that, and I know many more like me who want to start companies, employ many people, and do bigger things. Both may be right in their own ways, but if you project yourself like me, then the doors will open.. Show enterprise..

    Definitely enterprising candidates do have the perfect carved out visa category for this purpose EB5. Show them a plan to create jobs and get bank to approve of your plan as being profitable and feasible, to extend you a line of credit and you'll get ur GC in 1 year.


    Its pure politics here..the current bill is an attempt to garner more ethnic votes...e.g.
    UPA never initiates action to press hard for deportation of bangla immigrats (undocumented aliens) in India because those aliens are from a particular community and UPA wants to capitalize on the valid votes that Indian citizen from the same community provide them.



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