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  • GCOP
    08-12 02:21 PM
    I know, there might not be sufficient time to get this bill passed in remaining days. But we should try , there is a slight chance, it may pass. Let us Hope for that.
    Chances of this bill passing through all the steps are very slim in this year.





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  • americandesi
    07-27 01:32 PM
    My PERM got approved on 07/23/2007 and my attorney is planning to file I-140 and I-485 concurrently by Aug 15, 2007.

    I was offered a wage less than the proffered wage till pay period 07/15/2007 and my employer revised my wage to match the proffered wage from pay period 07/31/2007. Hence I would be able to submit 2 paystubs for payperiods 07/31/2007 and 08/15/2007 with I-140 application, which shows that I am currently getting paid the proffered wage.

    Please let me know if these 2 paystubs alone are sufficient to demonstrate ability to pay.

    We wouldn't be able to submit the employers Quarterly Wage reports with the revised wage as the current quarter ends only on Sep 07.

    I understand that USCIS will issue a direct denial without an RFE if the employer is unable to prove atleast one of the following

    (1) Net income - The initial evidence reflects that the petitioner’s net income is equal to or greater than the proffered wage
    - (Supporting Evidence : Tax Returns).

    (2) Net current assets - The initial evidence reflects that the petitioner’s net current assets are equal to or greater than the proffered wage.
    - (Supporting Evidence : Audited Financial statement)

    (3) Employment of the beneficiary - The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.
    - (Supporting Evidence : Annual/Quarterly Wage reports, paystubs)

    Ours is a small company and doesn't have net income or net assets matching the proffered wage.





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  • forever_waiting
    04-22 07:13 PM
    Ok. But how does this apply to immigration?

    On the page you quote, below is what I see -

    The Civil Rights Division of the Department of Justice enforces federal laws that prohibit discrimination in:

    Education
    Employment
    Housing
    Lending
    Public Accommodations
    Law Enforcement / Police Misconduct
    Voting

    The "per-country limit" is definitely unfair within the realm of employment-based immigration due to the outdated and irrelevant law which needs reform. However skewing this to make it a civil rights issue is pushing it a bit too much.

    So coming back to Immigration (which is what, I believe, we are discussing), below is what I came across on congress.gov.

    The Supreme Court has ruled that the Congressional power to regulate naturalization, from Article 1, Section 8, includes the power to regulate immigration (see, for example, Hampton v. Mow Sun Wong, 426 U.S. 88 [1976]

    In other words, the Constitution does not specifically mention immigration but based on the above, delegates power to the Congress to pass laws to regulate immigration. This Article of the Constitution also clarifies the part about rules for immigrants and quotas being set at the Federal level and not State level.

    The above is a fact, not my opinion. Therefore, No - I do not agree that your reasoning has any direct parallel to our case since the correct approach and reasoning involves challenging a Supreme Court Ruling on Article 1 of the Constitution, which you would agree is next to impossible.


    Thanks for asking this. I found this: Civil Rights Division Home Page (http://www.justice.gov/crt/legalinfo/natorigin.php)

    IMO, rather useful in our discussion, though not relating to the constitution. But if you insist, I might point you to the 14th amendment ...

    Fourteenth Amendment to the United States Constitution - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion)

    Read the "Equal protection clause". It mentions this case:
    The Court has also struck down redistricting plans in which race was a key consideration. In Shaw v. Reno (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's congressional delegations

    Do you agree that we can draw a direct parallel of this case to our case, where they are segregating visa numbers based on the country of origin?





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  • greenlight
    02-18 02:07 PM
    Suppose you work for Company A on H-1B. You get out of the U.S. and come back with AP. You become parolee at that time. File an H-1B extension with Employer A, get new I-94 that indicates your status is now H-1B.

    6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.


    I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.

    This is her opinion in quotes:
    "I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."

    I hope this helps.



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  • 485_spouse
    11-14 09:55 AM
    worldnetdaily.com (http://worldnetdaily.com/news/article.asp?ARTICLE_ID=52944)
    INVASION USA
    GOP senator: Filibuster guest-worker program
    Arizona's Kyl believes there might be enough votes to block legislation

    A filibuster by Republicans is in order if President Bush presses forward in the new Congress with legislation to establish a guest-worker program with a path to citizenship, says Sen. Jon Kyl, R-Ariz.

    Kyl, however, speaking yesterday to nationally syndicated radio host Laura Ingraham, said he was uncertain whether or not Republicans would have the 40 votes necessary to block the legislation.

    "I would certainly hope that the majority of Republicans in the Senate would not be complicit in passing legislation that is not wise, that for example, would put everybody on a path to citizenship and say that temporary workers get to get U.S. citizenship, and so on," Kyl said, according to HotAir.com
    In January, Democrats will have a 51-49 majority over Republicans in the Senate. A supermajority of 61 votes would be needed to prevent a filibuster.

    "I would certainly hope that we would have the 40 votes to be able to stop [the legislation], but, I don't know, we're going to have to wait and see; it'll be very close," said Kyl, who won re-election to another six-year term last week.

    Arguing for the guest-worker program, the Bush administration has insisted it's not practical to deport the millions of foreigners who are in the country illegally.

    "The cost of identifying all of those people and sending them back would be stupendous. It would be billions and billions of dollars," Homeland Security Secretary Michael Chertoff said in an interview last year.

    "One of the reasons I think that we've been focusing on the idea of a temporary worker program as part of a larger strategy for border security is because it would be a way to siphon off people who really want to do nothing more than work here, put them into a regulated program � we would know who they are � we would then be able to send them back at the end of a period of three years or six years," he told Sean Hannity on the Fox News Channel program "Hannity & Colmes."

    "They would have made some money, they could take it back home, and then we could focus our other resources on the people that don't want to do it the right way, and we could get those people sent out."

    Last May, just 36 senators � three of them Democrats � voted against a bill that included a guest-worker program. The Senate was unable to work out a comprise before the Nov. 7 midterm elections with the House, which passed legislation rebuffing Bush's desire for foreign workers to gain legal employment.

    Last summer, Rep. Mike Pence, R-Ind., announced a compromise plan called the "No Amnesty Reform Act," which would require all illegal aliens to leave the United States and apply at "Ellis Island Centers," operated by private companies in Mexico under a license from the U. S. government. They would then obtain a "Good Neighbor Safe Visa" qualifying them to re-enter the U.S. as "guest workers."

    As But members of a group called the Secure Borders Coalition have opposed Pence's proposal, labeling it "amnesty lite." The group argues the plan would provide for the "wholesale importation of aliens and a path to citizenship for them."

    Minuteman Project founder Jim Gilchrist told WND in August he believed the result of the Pence plan would be to flood the U.S. with millions more illegal immigrants.

    "Probably within hours of the Ellis Island Centers opening, counterfeit copies of the required documentation to re-enter the U.S. will be available on the streets of Los Angeles and dozens of other U.S. cities," he said.





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  • gjoe
    11-02 09:38 AM
    1) We can go back; need not pretend if we think we have the brains
    2) If you go "your GC misery is over". After that "A new beginning for you and this society"
    3) If you don't go back you don't lose credibility. You just prove that you want to live here no matter what. Eveyone has the right to make his choice based on what works out well for him/her
    4) For those who voted "yes" I think they know what they want in life and why they are here. No matter what the conditions are here or anywhere they will make the right choices instead of expecting someone else to control their lives.

    The counter point is "Lobbying is not the only path to our freedom and independence"

    Like you mentioned pointing out people and there posts is not required ( if you think that is a smart threat and expect people to backoff) because everyone can search every post of the other person if they want to do so.


    FOR ALL THOSE WHO VOTED YES - IF WE HAVE ENOUGH NUMBERS WE CAN CHARTER A A380 OR TWO DREAMLINERS ONE FROM THE EAST COAST AND ONE FROM THE WEST COAST WITH STOPS IN DIFFERENT COUNTRIES TO DROP OFF PEOPLE. IT HELPS US, AIRBUS/BOEING AND THE "NO" SAYERS WAITING FOR THEIR GC'S. THIS WOULD BE FOR SURE A BIG EVENT IN THE HISTORY.


    I am not against IV and its goals or against any views or opinions of people. It is a free world, but if we want to pay a price for that we can do so in many ways. e.g. Waiting for GC.

    but try what?

    go back? or pretend to go back?
    and what after that?
    if you go, it's over. if you don't you have no credibility.

    i'm not sure i understand. but maybe i'm not good enough for "reverse brain drain" and to those who voted "yes", please confirm July 4 that you are leaving. i saw some of you tracking receipts in desperation? why, why for god's sake? if you are ready and willing to leave in 6-8 months did you care so much? wish there was a way to hold each one of you to your words.

    and anyway, what are you doing for that "freedom and independence"? how many of you are actively helping in iv's lobbying effort? just sitting around and watching or criticizing is hardly winning any "respect". please don't make me point out individuals and start pasting their previous posts here...



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  • Macaca
    02-07 05:16 PM
    I have an MS degree, so IF the SKIL is passed, my PD will become current.
    My understanding of SKILL for US MS is that it will not be counted against the cap. I don't see it saying that PD does not matter for US MS. What am I missing? Thanks.





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  • vxb2004
    04-27 09:21 PM
    Nice compilation!



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  • Caliber
    04-26 09:22 AM
    Not a bit. If you want I can give you a plenty... L1 is for intercompany transfer. But So far I have seen companies put people only at the client place and their salary is starting at 32K and they are put up at extended staty, asked to share the cab or car. So let me know if you want and I can directly let you talk to those guys.

    Yes, you can work for $8 but there is something called law. I have personelly checked their labor which states 55K. But they are paid only 32K.

    So our common goal is to fix the broken system, remove the employer's undue advantage over the employee. No matter if they are MNC or desi consulting companies. Why the employee is tied to the employer when there is the need/demand for the skill set. Thats the only thing which is driving down the wages.

    I fully agree with this. L1's being placed at Client's place is ILLEGAL. I have several proof's of this. TCS, Infy, CTS and LT do FAVOR their employees with a gift of filing in EB1 because these guys WOULD not complain to any one what they are paid and their benefits.

    Any one want proof's?





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  • sfcwtu
    09-17 01:54 PM
    Why don't our respectful CA gentlewoman gives up on this small issue??



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  • gjoe
    11-02 09:38 AM
    1) We can go back; need not pretend if we think we have the brains
    2) If you go "your GC misery is over". After that "A new beginning for you and this society"
    3) If you don't go back you don't lose credibility. You just prove that you want to live here no matter what. Eveyone has the right to make his choice based on what works out well for him/her
    4) For those who voted "yes" I think they know what they want in life and why they are here. No matter what the conditions are here or anywhere they will make the right choices instead of expecting someone else to control their lives.

    The counter point is "Lobbying is not the only path to our freedom and independence"

    Like you mentioned pointing out people and there posts is not required ( if you think that is a smart threat and expect people to backoff) because everyone can search every post of the other person if they want to do so.


    FOR ALL THOSE WHO VOTED YES - IF WE HAVE ENOUGH NUMBERS WE CAN CHARTER A A380 OR TWO DREAMLINERS ONE FROM THE EAST COAST AND ONE FROM THE WEST COAST WITH STOPS IN DIFFERENT COUNTRIES TO DROP OFF PEOPLE. IT HELPS US, AIRBUS/BOEING AND THE "NO" SAYERS WAITING FOR THEIR GC'S. THIS WOULD BE FOR SURE A BIG EVENT IN THE HISTORY.


    I am not against IV and its goals or against any views or opinions of people. It is a free world, but if we want to pay a price for that we can do so in many ways. e.g. Waiting for GC.

    but try what?

    go back? or pretend to go back?
    and what after that?
    if you go, it's over. if you don't you have no credibility.

    i'm not sure i understand. but maybe i'm not good enough for "reverse brain drain" and to those who voted "yes", please confirm July 4 that you are leaving. i saw some of you tracking receipts in desperation? why, why for god's sake? if you are ready and willing to leave in 6-8 months did you care so much? wish there was a way to hold each one of you to your words.

    and anyway, what are you doing for that "freedom and independence"? how many of you are actively helping in iv's lobbying effort? just sitting around and watching or criticizing is hardly winning any "respect". please don't make me point out individuals and start pasting their previous posts here...





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  • jnraajan
    03-14 10:42 AM
    Do you belong to a state chapter?
    if you don't can you please join a state chapter?
    I sent a request to Kansas City Chapter to join. No response yet.
    If a state chapter does not exist in your area can you form one?
    I am trying to start a chapter here. I have already enlisted the help of few friends.
    Can you recruit new members to be part of state chapters?
    I have been doing that for quite some time. I dont know the success rate yet. My wife is part of a group which organizes Potlucks every other week. I take that opportunity to educate people about IV and the need to join it.
    Can you motivate newbies to be active?
    I can try.
    Can you meet your Local Lawmakers and talk about your issues?
    I have already met with NE Senator on a couple of occasions including for the admin fixes campaign.
    Can you make a contribution to IV?
    I have
    Can you motivate other IV'ans to contribute?
    I will
    Please put ome thoughts on the above and come up with Ideas?. If you need help please PM any of us and we will be happy to help you.


    Regarding conributions, I know it is probably going to meet with some resistance from other members, but we can organize a membership drive week. Any current member signing up most members during that week can be rewarded in some way. The reward need not me monetary, because people are not here for money. So, the reward can be some sort of memento.

    As far as contributions are concerned, there are many ways to raise money in this country like Raffles, Fund raising by selling some products. (See how Boys and Girls Scouts sells cookies.) and so on.

    None of these is impossible. Remember, there is no such thing called IMPOSSIBLE, because the word itself says, I'MPOSSIBLE.
    Thanks



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  • larun
    07-15 08:35 PM
    Signed
    Signed





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  • santb1975
    07-02 01:12 AM
    Hopefully someone from all the complainants in this forum will spearhead this initiative and hopefully there will be people out there that will stand up for themselves and join this pool

    If IV can outline how it is going to help, that would really make many people come out of the shelves. However, though we talk so much, people are still scared to identify themselves against the employer. However, they may be ready to outline everything against the specific employer as an anonymous person. we got to deal with a situation where people are ready but anonymously. How can we handle this.



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  • pbp
    04-26 09:08 AM
    ... and made my $100 contribution. My wife is very skeptical, but I am sure that if we don't do anything our chances to get the situation resolved are even smaller.





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  • raysaikat
    07-14 10:31 AM
    But aren't there sufficient applications received in July-Aug 2007 to use up all the numbers ?!? That's the loophole in your analysis. As per official reports, I believe close to 300k applications were received in those two months for AOS, true ?!?


    None of these I-485's can be processed unless their PD is current (i.e., before the cut-off date).



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  • nixstor
    06-11 04:24 PM
    what if Obama does not win :) ..if something has to pass it will pass during this term. things and priorities change after a person gets elected. this is politics 101. I appreciate your optimism and if there is no spill over then EB3-I faces the worst case scenario. as usual the truth is somewhere in between. i.e. be ready for a long road ..if you get before that ..then good.
    as others mentioned ..the only other thing you can do is support IV.
    ---
    I follow politics too and politics is very complex for mortals like us. there are many obstacles for Obama ..his tax policies, some of the controversies and mr Rezko ..why do you think Clinton only suspended her campaign but did not close it completely ?

    Guys,

    It doesn't matter what the president wants to do as far as CIR is concerned. As far as CIR is concerned, George W begged it to be passed in both houses well before he became a lame duck. I don't see how the lawmakers on far right can come and align with the far left or even the lawmakers who are in the center. For the CIR to pass through without issues, Dems should control both houses with a big majority. Also, if you are thinking that Obama is going to win this, you are very well underestimating Mac. watch out for the GOP machine in the last 2 months and it will be a different ball game. Clinton lost because her campaign was over confident and by the time they realized they had a string of 10 bad states whose background does not suit her. Mac's campaign can't be over confident after they saw what happened. GOP is going to do its best to further divide the badly bruised Democratic party. Its few states that will decide this election and its difficult to carry states winning only the metropolitan areas. Obama won 5 counties of 90 some counties in OH. If his performance in general election is going to be the same, forget OH. Same situation in WV.

    For now, I feel Obama is a great visionary and ideologue. No one knows whether he will achieve most of the things he is promising to do if he becomes the president. But he has been very logical and rational esp with the gas tax holiday. All said, he looks like a destiny's child. Imagine where he would have been if the Rev wright wreck came before the Iowa caucuses.

    There are so many ifs and buts. our interests are best served with out the big vehicle CIR. If thats the only vehicle, we possibly are going to be held hostage.





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  • gcwait2007
    07-22 11:16 PM
    I work for a medium sized (employing about 500 employees in USA, another 2000 ouside USA), public (New York Stock Exchange) listed, business technology consulting company, which has been making losses for last 3 years. My I-140 was filed last month. Do I have to start worrying?





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  • copsmart
    08-25 02:51 PM
    ICICI is good at advertising false figures (with our money of course) and SBI is little delayed in updating their websites - does that solves the equation :)

    SBI rate is 43.21 for $4001 but i'm sure that's not latest because the website is not updated hour by hour ( like ICICI/R2i/C2i at least do for AD) but I've seen honesty in SBI's dealings when they actually convert $ to Rs. Even if the website shows lower rates they converted my money with higher rates because the market rate was higher during conversion.

    I agree with you.

    I am using SBI M2I for several years and I have no issues, in fact I have an NRE account in India with SBI and my father also has a SB account with SBI. So, the money transfer process in whole happens with no hassle compared to any other method.

    Intially I had some issues with them when I was trying to setup an online account for our bank accounts (NRE & SB) in india. The officers at the branch were we have our accounts are not well versed with computers, so they had a tough time setting up our accounts. In fact they weren't aware of the bank's online system until I told them, and they first refused to setup the accounts. So, I had to contact the bombay office and they helped them figure out the setup procedures.

    Having said that, there is been a transaction delay lately with online SBI as well. My last 2 transfers took more than 8 days. I opened a ticket yesterday and waiting for their response. But overall I am okay with SBI so far.

    P.S: I have used ICICI in the past and I still have the account, but I don't use it anymore, just maintaining the minimum balance in the NRE account. IMHO they are not very good service providers.





    anilsal
    12-13 12:26 AM
    there are many folks whose entire GC process (apps, EAD/AP for the entire family) is funded by the employer. If such folks cringe on the thought of contributing to IV on a regular basis, then there is something wrong with us. :)

    Contributing to IV is helping your own cause. :D





    trueguy
    06-12 05:14 PM
    Thats irony, people with 2004 PD got their GC last year when 2001 is still waiting.

    in year 2007 EB-3 india got 17,000 green cards, still not enough to take care of the high demand. there are just too many people waiting, that's the fact and nobody can do anything about it...except for supporting IV for these three bills...



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