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  • Sachin_Stock
    09-23 04:43 PM
    If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
    Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
    On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
    Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..

    Thats YOUR perception, and its totally inaccurate. When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant. Now that date belongs to him and if he has gained sufficient expertise/skill level for him to promote to Eb-2 I-140, the transfer of dates is obvious. On the contrary he deserves to be ahead in line because he had already filed Eb-3 way ahead in advance. Calling him an unskilled, inept, or lazy proves him otherwise.




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  • krishnam70
    07-11 07:02 PM
    Are you a journalist by any chance? :D


    As i mentioned in the thread Gandhigiri in one of my first posts to support the flower campaign idea.. Rosa parks was the inspiration for MLK in this country for the civil disobedience This is very similar to how Gandhiji got the idea of Satyagraha from - guess who? Kasturba Gandhi.

    We need to carry on more things like this in a non-violent way at grassroots level to increase the visibility. Imagine what Gandhiji did in the 1940's with the entire media controlled by the Brits and with no other medium of communication available. We are in a far better situation right now we have access to media, can create our own blogs and we should use it to make our presence felt and highlight the injustice done to us.




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  • GCKarma
    05-02 07:43 PM
    Is it already introduced in Senate?
    I could not find any thing on this from http://thomas.loc.gov/




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  • stuckinmuck
    05-28 02:12 PM
    A Great New Commission
    May 27, 2007

    An Open Letter to:

    The United States Senate
    The United States House of Representatives

    Re: A Great New Commission

    Ladies and Gentlemen:

    Our nation holds paramount equal treatment under the law. My principal question is, what federal laws may I break so that I am rewarded with amnesty to the tune of $18,000 per year?

    That would bring me parity with the estimated costs to society of illegal aliens. These are in health, education and related social benefits. Oh, and the approximately 30 percent of our prison population which is comprised of some of these aliens. Seems some of the cost is borne by victims who are assaulted by aliens doing the crimes Americans just won�t do.

    I�ll even give you a bargain. As a small business owner, my real and opportunity costs to comply with federal statutes and regulations are substantial. These are not taxes, they are non-deductible costs I incur to comply with federal law. My daughter�s chronic medical condition and my own heart condition also incur substantial expenses. Regarding our health, my family is uninsurable due to these conditions. We have never received assistance under any state or federal programs.

    All of these costs come to something over $27,000 per year. So, when you give me my amnesty and my $18,000 per year, you will fall short of my expenses by approximately $9,000. Since you are wise in the ways of federal accounting, you can inform your constituents that you have in fact saved $9,000 per year, in addition to the moral claim of having granted me amnesty.

    It will be appropriate to consider that in fairness my children should be due anchor amnesty. This from the fact that they still will be my dependents when you soon grant me amnesty. If you delay, well, my daughter will always be my dependent.

    Considering possible delays, especially since fellow citizens will have their own tailored amnesty petitions, I understand if you need to charter a Federal Amnesty Commission. That is sure to renew respect for and compliance with the laws you draft. Any shortfall in compliance, up to say, twelve million offenses, you could graciously accept as appropriate civil disobedience. After all, that would assure you more press time as we enter this latest election cycle.

    You are wise also in federal laws which may be broken with no consequence. I am too busy supporting my family, you, and the twelve million scofflaws and their employers to understand such matters, so I need your guidance. You know where I live, my drivers license number, my social security number, my bank and credit account numbers, as well as my email, internet service provider, taxpayer identification number, mortgage holder, business licenses and telephone numbers.

    Please contact me soon. Given the rising medical and other costs, I need that $18,000 quickly and retroactive to the enactment date of S.1348. It�s only fair.

    Cordially,

    <First Name> <Last Name>



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  • ns007
    05-23 01:19 PM
    Done




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  • VivekAhuja
    09-17 01:42 PM
    Vivek Ahuja - Apparently you didnt read the note completely or misunderstood it. All we are saying is be consistent or give our money back.

    Yes, we chose to come COZ we were offered to come. We are not complaining here. We want them to follow basic rules.

    On a side note, if they dont need immigrants not sure why they created H1B?

    No one is doing anyone any favor here. We want everyone do their job.

    And not sure whats your agenda of sending this note other than being extremely rude and ignorant.

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

    I know the truth hurts but just because it is the truth does not mean it is rude or ignorant. Be realistic!



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  • simple1
    05-01 03:21 PM
    I second that. Technically they should not be. thanks MCQ, H1 and H4 is a great example
    If at all they are counted they must be counted in FB2A not EB.

    Honestly, I don’t care if they are counted or not. Why would 5 year old kid get counted in EB quota. I don’t get it.

    as long as they are not counted in EBquota. There is no legal basis for that. Or atleast I could not find one.

    I have long been of the opinion - told to me by an immigration lawyer, that when you file your I-485 when the PD is current, and your dependents file also that only the Primary counts towards the quota, dependent GC's do not count towards the employment based visa quota - so this may be a moot point as to whether or not they should be in the family or employment based lists.
    Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.




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  • dingudi
    11-06 02:10 PM
    All,

    I do not think transfer matters. Mine was filed directly with TSC because my lawyers reason: my I-140 was approved from there.

    Apahilaj,

    I am guessing that we will probably receive similar response as posted by sweet_jungle that they are waiting for local ASC. I don't think we will receive FP after notice 30 days but this kind of response. Maybe local ASC are scheduling peoples appointment based on their name check results. Otherwise why would people who applied on last day of filing , Aug 16,2007 receive FP notice from my local ASC and not me.

    Apahilaj, I have this idea. Is there a way we can reach an IO who is not associated with TSC but can give the same information. Maybe an IO of NSC/CSC.



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  • gauravster
    07-08 04:30 PM
    You are incorrect on multiple accounts.

    But, before going there, let me ask you this. What is your legal reasoning to dispute the case you have mentioned?


    .

    The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US and to US citizens employed by US employers outside the US.




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  • gc28262
    06-26 01:42 PM
    Discriminating based on Immigration status is not considered violation of EEO laws.

    EEO protects from discrimination on the basis of race, sex, creed, religion, color, or national origin.

    EEO does not protect immigration status based discrimination. However Immigration Reform and Control Act of 1986 does protect against discrimination based on immigration status.

    https://www.oig.lsc.gov/legis/irca86.htm

    SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.



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  • akhilmahajan
    04-23 11:38 AM
    My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?

    As per the Yates memo, we are covered once 180 days have passed since filing 485.

    If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.

    Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.

    So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.

    I hope it helps.

    GO IV GO. TOGETHER WE CAN.




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  • glus
    06-04 11:11 AM
    e-mailed my 2 NY senators with a personal letter explaining the problem in the new immigration bill. Requested changes to be made.

    G



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  • marty
    04-18 04:25 PM
    People with AOS pending and landed in canada on AVR or AP: how much you are confident that you wont be getting a notice of explanation from USCIS for doing the landing?




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  • schandwani
    11-18 11:30 AM
    Done!!



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  • paragpujara
    01-06 01:01 AM
    Guys,

    Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.


    Thanks for the update Parag. Good luck! Let us know what happens.




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  • lost_in_migration
    05-01 04:35 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4

    PART 1

    Sec. 203. [8 U.S.C. 1153]

    (a) Preference Allocation for Family-Sponsored Immigrants. - Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allotted visas as follows:

    (1) Unmarried sons and daughters of citizens. - Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).

    (2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens. - Qualified immigrants -

    (A) who are the spouses or children of an alien lawfully admitted for permanent residence, or

    (B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence, shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).

    (3) Married sons and married daughters of citizens. - Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).

    (4) Brothers and sisters of citizens. - Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).

    (b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):

    (A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -

    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

    (iii) the alien's entry into the United States will substantially benefit prospectively the United States.

    (B) Outstanding professors and researchers. -An alien is described in this subparagraph if -

    (i) the alien is recognized internationally as outstanding in a specific academic area,

    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and

    (iii) the alien seeks to enter the United States-

    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or

    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

    (C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.


    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    (B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.



    (ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--

    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and



    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.

    [TO BE CONTD.]



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  • tomytomy111
    02-09 01:58 AM
    I love my country and want to go back, but it is in the hands of rapists and looters and I suspect it will remain that way...either I become a Gandhi and spend my life liberating it, or live year with my eyes & ears closed...

    It is actually funny to watch you guys fight over the US vs India.

    Let me ask you this:

    -If you didn't choose to study medical or IT and never came to US, would you be thinking the same (problems in India and reasons not to settle in India etc) as you are thinking today?
    -If US government didn't have the provision of employment based GC, would you be thinking the same as you are thinking today(problems in India and reasons not to settle in India etc) ?


    The answer of the questions above is either YES or NO. I'm sure that many of us will answer these questions as NO.

    And if the answer is NO and and you are still counting problems in India and trying to justify your stay in US, then I'm afraid my friends you guys are being opportunistic.

    No matter how bad it is, that country made you capable of using this forum. You shouldn't backbite and find problems and issues in that country. You should rather use your energy in solving problems in India. Don't say it is not possible. Nothing is impossible.

    You can send emails/letters/flowers to senators and officials here for GC, but I'm sure that there will only be handful of you; who actually tried to send their feedback complaints to Indian government and its officials.

    I can go on and on, but I leave this thought with you guys and end my post here, as I know that you got the point.




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  • chanduy9
    07-10 11:17 AM
    If you ordered your flowers through FTD, can you check your status and let me know which delivery company (UPS, Fedex etc) they are using for your order and what is the status of your order?





    The delivery company is ups..below are the details...


    Tracking Detail | Help

    Your package is on time with a scheduled delivery date of 07/10/2007.


    Tracking Number: 1Z 31E 8R6 03 0022 484 6
    Type: Package
    Status: In Transit
    Scheduled Delivery: 07/10/2007
    Shipped To: WASHINGTON, DC, US
    Shipped/Billed On: 07/09/2007
    Service: GROUND
    Weight: 5.00 Lbs




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  • ramus
    06-05 01:29 PM
    Guys please contribute now.. We need money..
    Congrates to all who could file on June 1st..




    english_august
    07-11 02:02 PM
    I think the biggest 'thank you' belongs to Chidananda Rajghatta of the Times of India as far as the media is concerned. After all, it was his report in TOI that lit a fire under this campaign!




    pcs
    03-08 02:15 PM
    This will really help. Simple things like posting on various web site forums about IV will be great



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