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  • optimist578
    01-31 01:46 PM
    If one gets an H-1B approval now (Jan/Feb), can he start working right away? Or does he have to wait till the start of fiscal year, October?

    What if the employer is an NGO or NPO? I believe, it is not counted against the H-1 quota but in that case, can he start working right away?





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  • pappu
    07-02 10:47 PM
    http://immigrationvoice.blogspot.com/
    IV release





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  • GCchakravyuh
    09-19 11:13 AM
    First, I would like to congratulate everyone who contributed to the success of the DC rally on Sep 18, 2007...

    I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!

    We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.


    1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.


    2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...


    3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..

    Also, all our T-shirts should have
    "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back

    4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...

    5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"


    We cannot be perfect the first or second time....Lets learn from this rally....


    A pat in the back to all those who attended the rally....

    Good Luck


    yes this is what has been worrying me, ever since i became member of this esteemed organization. With the illegal immigrants also fighting in the same era, I fear IV is not misunderstood & hence misjudged. Lets really really change the name to LEGAL IMMIGRATION VOICE. That way these desperate, justified efforts will get more coverage. Hope it makes sense to the managers of the IV





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  • factoryman
    06-20 06:29 PM
    Download and do it. Your attorney may be asking for that purpose. Only last 5 years.

    Is there any official Period of Stay form or its just a summary statement from us about entry exit from start till now.



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  • delhiguy
    07-04 08:03 PM
    Excellent

    I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.

    If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.

    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.





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  • Madhuri
    11-22 07:39 PM
    If you changed the project and the new project is giving better hourly rate then if you are working on percentage basis, your share will go up.
    And in this case if you have a labor and I 140 approved, will there be any problem?
    Please note the job title does not change in the above case.



    It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

    Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

    With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.



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  • evljeenyiss
    07-14 12:15 AM
    truthfully, Bluesun I think yours was modelled the best, you just need a better renderer/ lighting.





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  • neelu
    12-13 01:01 PM
    All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.

    - IV has indepth explored and studied this option and have found that this change is not possible administratively.
    - we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
    - In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
    - Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
    - If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.

    Hope this explains this topic. Thanks

    Our dear Pappu,

    I understand how difficult it must be to respond to so many questions directed towards core members, and can understand how frustrating it can be to answer repetitive questions.

    So thanks for clarifying this again for many of us who thought an easy route was available (but half knew that it was there, it would have been taken).

    But can I please add that if this question has been asked repetitively, I think it warrants to be added to the "The Employment-Based Green Card: Process and Problems" section on the home page, so people can find the answer easily that searching our huge forum database. I understand that each of you are very busy and feel bad that I am adding additional work.

    Thank you.
    Neelu



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  • GCStatus
    09-18 12:01 AM
    You cornered me? On what basis? You throw insult and that is your definition for cornered? Is there any logical argument that prove that I am wrong and you are right? Grow up and don't poison this thread with your pointless insults

    Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.





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  • varshadas
    01-30 12:22 PM
    This is what I have come up with so far. Please everyone, feel free to modify this:

    Have you been following at the snails pace movement of the priority dates? If not, here are some reminders
    EB3 moved 2 weeks in 10 months!
    EB2 hardly moved in 10 months!

    If this is the rate at which things move, you will get your Green Card in anywhere from 5 to 15 years based on your priority dates.

    Do you know how this affects you?
    � Frustration of sticking to the same employer and no career growth.
    � Children not being able to get state benefits.
    � Spouses unable to work.
    � The feeling of unsettlement.
    � Above all, tons of mental stress.

    Do you want be in this mess for ever. I am sure you don�t. We deserve better.

    We all have to fight together to fix this broken immigration system and achieve IV�s goals to
    � Remove retrogression
    � Remove backlogs in labor certification
    � Remove backlogs in I-140 and I-485 processing
    � Revise the way visa quotas for highly skilled workers are determined

    Register FREE to become a member today!
    www.immigrationvoice.org



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  • chetanjumani
    04-23 11:03 PM
    Congrats Googler.

    Enjoy your GC





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  • sathyaraj
    03-12 04:24 PM
    Guys -

    I got the Ac21 employment letter from my new employer and they have filed my H1B transfer and I have the following questions:

    a. Background check: They are currently doing my background check. How long does it take to complete this process? Even though I do not have any bad history still a little nervous. Is there anything I need to know about this?

    b. H1b Transfer receipt: My receipt reached yesterday morning at 10:30 am. Please let me know how long does it take to get the receipt back. This is important for me to take my new job.

    Thanks
    Sathyaraj



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  • gc_on_demand
    11-11 01:36 PM
    IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.

    Shall we start a funding drive? rajuram - can you lead it?

    We can do something to start with call. later admin adds funding drive or some senior member will add funding drive. Why people asking for IV core is If I or other member will start some thread/campaign it will divert to other discussion or no more support. But I have notice that if IV core starts it people become active and call or write email.

    Even being a organization some one may be prez of IV org can call Zoe and find out what will be deal with HR 5882 in lame duck session. They will not reply to me or other members but atleast can reply to some IV rep.

    hows that ? I am not favoring rajuram or not against chandu.. just expressing what I am thinking and what others may do..





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  • go_getter007
    05-29 03:08 AM
    You are in *their* country so you have to follow *their* laws. If you don't like it, you have two choices - suck it up OR get out of there.

    GG_007


    While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
    Officer : Sir what is your status in the US ?
    Buddy: I am on L1 visa
    I: H1B
    buddy's wife: L2
    my wife: H4
    officer: is anyone US citizen ?
    I: my son is (he was sitting in the car seat)

    Officer: (to my buddy) Is your visa still valid ?
    Buddy: yes
    officer: do you have documents to prove your status?
    buddy: i have some papers in my bag which in the the trunk
    officer: can you show me?
    (buddy got out showed him tax papers and answered some questions)
    officer: did they not tell you you are supposed to carry your papers while travelling?
    buddy: I came over a year ago so i don't remember
    officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.

    I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?

    http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf

    I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.



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  • bec
    10-15 04:53 PM
    Please wait and watch for couple of months. You can keep writing to congressmen, ombudsman, push for visa recapture in lame ducks, ask for more transparency into the process but please don't send any flowers now and try to embarrass any govt organization directly. We don't know what effect its going to have.Instead go through the Ombudsman to voice your concerns.Finally, please get the consent of core IV before you attempt this.

    We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.





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  • delax
    07-14 07:17 PM
    Murthy will never mention Immigrationvoice or our effort on her website.
    Murthy will always want to take credit for everything good even if she has no hand in it. She tried to take credit for the June bulletin. But she vanished when the July fiasco happened. Why did she not take credit for the July fiasco if she was so close to DOS and was so easily able to influence the June bulletin. It is publicity stunt of these lawyers and their websites to try to show off how influencial they are so that their clients are simply awed by them and give dollars to them as fees.
    I want to ask Murthy this question-- How much money has she given to Immigrationvoice till now?
    If she has not given any money, then it means she does not care about immigrants and this cause. It means she wants retrogression to stay so that she can make quick bucks off it.


    My friend - I think I need to send you a flower :)

    To a few of my misguided friends who seem to not understand the distinction between a lobbying outfit whose goal is to change existing law to better suit reality and a law firm whose goal is to work within existing law. As self-proclaimed proponents of "Gandhigiri" - I see its principles not being applied when dealing with each other. Is Gandhigiri meant only to show USCIS. Would the Mahatma have said the same things mentioned above before asking himself a few questions. I dont think we can question the motives and intention of anybody before fully knowing the facts. As a client of Murthy Law Firm here is a fact:

    On her call last week for her clients, she mentioned that the Murthy Law Firm is one of the biggest financial contributor to AILF - who by the way are ready to file the class action lawsuit. If the lawsuit is successfull and given AILF's funding source - will you exclude yourself from the potential benefit because Murthy's funds were used to support the litigation - who's piggybacking now.

    Again - Its not one against the other - Please bear in mind the DUE PROCESS of LAW has been violated by USCIS resulting in a curtailment of your substantive rights (EAD, Parole, AC21 etc). I would not care who fights on my behalf so long as the outcome is to correct the earlier mistake.

    If you feel that she does not work for immigrants you have no locus standi to avail of ANY BENEFIT from the lawsuit and as a true proponent of "Gandhigiri" you should VOLUNTARILY exclude yourself from any such potential benefit.

    I know the Mahatma would have done the same thing.



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  • shivaz90
    07-13 10:48 AM
    As anyone in this forums know about this "may-a-times-told" joke about a bunch of people in an airplane that have to make some hard decision on dropping out some of thier own to save the flying aircraft. As one by one jumps out of the aircraft for a noble cause of saving the other person - our own Desi pushed the next one crying " Gandhiji ki Jai" - saving himself instead of others.

    The moral of the story (which people never really bothered to infer) was that our Desi folks are trigger ready to pull someone down when it comes to me versus them. I hate to stereotype people - based on some unfounded and preconceived notions , but the more and more postings I see like this, it just reinforces my beliefs that we are still gullible enough to be divided no matter what the past had taught us.

    I enjoy visiting IV forums - because of all the Indian based forums - this was one place where people came together rallied for a cause - something that I could not find in any other place. Now I am seeing some folks postings that spites and pits one against another - without understanding the real issue.

    What or why does it matter if Murthy sending a letter to DHS or its Director is all about getting credit for her? Why do we have to think that its "us versus them" within our group - when we are all fighting for one single cause?

    Need some civility here - Please!





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  • virtual55
    07-05 01:02 PM
    Lets do some quick math here. Assuming that we have 500 guys who are paying. you make IV paid. You will have alteast another 200 guys who will realize the importance of IV and join. People have come to IV time and over when ever shyt has hit the roof and they will come.

    700 is better or 500 with a boat load of people who are just hovering around is better?

    and also core will have an idea of how much funds are available to them every month.





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  • NKR
    10-19 08:02 PM
    Question 18 should be helpful to your situation with RD.

    http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf

    Thanks, then i do not know what to make out of what is in my status "we received the case in Oct at NSC" though it was applied in Aug at TSC.

    I do hope that what is in this document is true.





    PBECVictim
    07-01 04:28 PM
    Will CIS Discontinue Intake of I- 485 Applications?

    It is possible. Such an action would be illegal, but CIS has already stopped accepting I- 485 applications for another category known as "Other Workers," despite June Visa Bulletin showing that category is current. My advice to all of you is keep filing all through the month of July. For all we know, they may never issue such an illegal policy or they might lose a lawsuit filed against them. So keep filing.





    chanduv23
    07-13 01:57 PM
    A RALLY IS BEING ORGANIZED IN SAN JOSE TOMORROW. PLEASE CHANNELIZE ALL YOUR POSITIVE ENERGY IN ACCOMPLISHING THIS TASK.
    DONT WASTE TIME ON NEGATIVE ENERGY.

    http://immigrationvoice.org/forum/showthread.php?t=10086



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