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  • smuggymba
    07-20 11:25 AM
    Don't make stupid statements like this. It goes to show your intelligence and that you are an instigator. With statements like that you will alienate EB3 more. BTW, I contributed to DC advocacy and many other EB3s also did the same. That money apparently seemed to have have helped EB2 and not EB3.

    Regarding you comment on action, many IV leaders are EB3.

    It's more of a motivation to get up and do something. How much was collected? I know many ppl contributed but the contribution was very less...so u shut up ur hole or whatever language u prefer to use at ur home. My point was to do rather than posting. If u didn't get that, sorry.




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  • Lasantha
    02-05 01:17 PM
    I think it depends on who the primary applicant is in your Canadian PR application. If you are the primary applicant (and used your spouce's qualifications to get the extra points), you should be able to do the landing alone. But if you are the secondary applicant and your wife is the primary then I don't think you can land without her.

    I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.


    Last week i received a letter from my canadian lawyer to send my passport to buffalo for stamping. The last date mentioned is March,08

    Regarding me, I got through canadian immigration with mine and my wife's points. My wife is a Permanent resident for last 3 years 10 months in US. I am in EB3 category. PD Oct 06.

    When checked the rules for maintaining PR in US for my wife, She cannot apply for PR in any other country till the time she is a PR in this country. As per the lawyers she will have a difficulty in applying for citizenship.

    Now, I cannot myself apply for canadian immigration. because its a joint filing. What should i do?




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  • rsayed
    08-26 06:32 PM
    Finally -

    Received CPO mail today, for both myself and my spouse - Aug 26th @ 4:30pm. Here are the details -

    EB2-I
    EAD Renewal - Receipt Date - Jul 8th, 2008
    Notice Date - Jul 9th, 2008
    CPO E-mail - Aug 26th, 2008

    Total processing time - 49 days

    Don't know if it's one or two years validity. Will post once I receive the physical cards.




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  • eb3_nepa
    08-18 03:02 PM
    Wasn't that appropriate here? Aren't they use this word in day to day life?

    Yes they may be by some people. But the rules of this forum state quite clearly, that cussing is NOT welcome. This website is often frequented by members of the Senate/Congress (not the actual lawmakers themselves ofcourse, but their support staff). Do we really want them to see "highly skilled professionals" cussing left and right on them? No.

    Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here



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  • kshitijnt
    05-09 08:49 PM
    Roger and BECsufferer, I hear your arguments and you two have a valid point of view. We need to do something at the least. Not doing anything is not an option.

    However, please understand, we are asking for "fair" and "equitable" treatment for those who are already inside the country and devoted sufficient time of their life here. To me this means "justice." If you are constantly denied justice then there is constitution to protect the rights.

    We are not asking for their "help" or "favor". Although immigration is a privilege, there is a law that governs it and it seems it is possible that EB Indians are targeted by this administration. Infact in good times of this country we have done it a lot of favor instead of our home country. Now is the time to ask for "rights" for our contribution.

    My question is, if Americans are distressed and EB India are cause of it, why did they let us in in the first place? So is it something that immigration is privilege when they need it and then chuck us out when they dont? Are you upto accepting that we are commodities to be used and thrown when they like?




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  • EkAurAaya
    10-30 03:46 PM
    Sorry if this has already been posted
    _____________________________

    (c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:

    � A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and

    � The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.

    If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

    If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.


    Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9



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  • franklin
    06-05 07:48 PM
    All you lucky guys who can file for 485, please contribute to IV.
    Thanks.

    In spite of all the forum spamming, I have contributed, thank you

    And yes, I've sent multiple faxes to every senator.

    And yes, I've visited, phoned and emailed multiple senators and congressmen.

    And yes, I've sent approximately 700 emails to media outlets nationwide

    PLEASE stop spamming the forums




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  • nuke
    10-23 02:41 PM
    FYI Lame duck session is going to start on Nov 9th.



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  • rssb
    11-17 04:29 PM
    Done




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  • raj3078
    10-30 10:48 AM
    You guys are making me sick and making me think that you are lobbying for numbersusa and alikes.....

    Senthil1 -
    Are you working for numbersusa? Do you know that it is made by white supremist who dont want any colored skin including native americans to be alive in US? Talk about your scare of getting too many people with substandard MS degrees. Do you not realize that the companies in USA knows a different in good US school and Bad one - So in nutshell the people from bad school wont get job? Do you know that there is nature's rule - Fittest Survival... So in case you are fit enough and qualified enough to get a job then you will get one, it does not matter if you are from good or bad school....
    Also, looking at your thoughts, it does not appear that you are MIT or Stanford grade material, so do us all a favor and keep your thoughts to yourself....

    Ombudsman - There is a questionmark on Senthil1's origination but we have no such doubt about yours.. You are definitely a MOLE in this IV Organization and the only reason they keep you on board is because this is democracy and we dont want to throw out someone who might disagree - Its about freedom of expression - But when Freedom of expression crosses the line and creates poison pill then we need to weed it out I guess.....
    In any case, I would definitely like to challenge your argument about 400 anti: 1 pro immigration calls. Are you aware of Avertising world rule that when someone does not like soemthing, they tend to tell at least 25 people about it, while when someone likes something, they might tell 1 person. In this case, this classic rule has applied beyond expectations because people who are calling are already racist who sit on their ass and expect all colored people to be their slaves and get things done for them. They want their mexican maid or indian computer programmer doing things for them but the moment they realize that these foreigners might get citizenship and be equal to them, they dont like that.... (and so do you)....So there you go....No wonder they pick up phone and dial....In any case, what better can they do?


    We cannot reject numbersusa and other organizartion's ideas. As our people are suffering in retrogession some of their people and their families are impacted because of job loss in past. So we cannot tell that they do not have crediblity. They have some valid points also though some of them are absurd. But we need to understand them and try to elimimate their fears also.


    QUOTE=purgan]when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??

    The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.

    btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.

    That poll....don't impress me much...[/QUOTE]



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  • apahilaj
    08-06 02:23 PM
    Has anyone who filed on July 2nd at Nebraska center and whose case will most likely be transferred to TSC (due to I 140 approved from TSC) got their receipts yet?

    I am still waiting...NO checks cashed yet...

    Thanks.




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  • meimmi
    04-23 10:42 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?



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  • anzerraja
    07-20 03:31 PM
    Thanks !

    Zooooom , gsc999, husker, sam, Raju and all others who were driving this initiative what is your take on this ?



    Anzeeraja,

    Thanks for the initiative. I like the poll idea.




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  • ras
    11-22 02:44 AM
    It's definetly a shock and an usual post on these forums. I am spellbound by the support you are getting from the forum members. I am seeing the humanitarian attitude all around praying for your health. This should bring change about the way you think about your health. You are fighting against an enemy- the prognosis you got from the doctors. The only option left for you is winning against the enemy no matter what it takes. The foremost thought you should inculcate is that you are winning against the enemy. That's it. I believe the will power will definetly take you out of the fatal disease.

    I know it is hard but try concentrating more on your health than other things including your family members. Hopefully generous IV members will do something for your family which probably can be done in our limits. Whereas it is you who has to fight against the disease and so you got to take care of your health first.

    My best wishes are with you.



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  • senthil1
    07-07 09:24 PM
    This reply shows that because no visa is available they cannot accept the applications. If courts find any mistake Judge may order to correct the procedure. It is tough for courts to order USCIS to accept I485 when Visa number is not available. In case court dismisses the lawsuit then DOS and USCIS will make those happenings in July as a precedence. It needs to be seen how the drama unfolds


    On CNBC:

    http://www.cnbc.com/id/19634804/site/14081545/page/2/

    BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?

    Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.

    BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?

    Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.


    Dr. RICE: But we need immigration as well. The ceilings have been set. They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.

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

    Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.




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  • nsrinivas
    09-12 03:04 PM
    No not sure who recieved it as my Lawyer has sent the packages on behalf of me and she has the delivery confirmation.

    But I feel your's should be coming out soon too as your dates are same as mine.

    Good Luck !



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  • mirage
    03-06 04:31 PM
    And worst is the lottery...What pisses me off is that there are 220,000 visa numbers every year for family based GCs while skilled immigrants get only 140,000. Nothing wrong with immigrants wanting to bring immediate family members but this is causing nothing but chain migration. I think USA give more GCs to cab drivers than skilled immigrants.




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  • softwareguy
    07-08 03:50 PM
    Do you really believe there are 700K "unique" cases pending.
    I think elimination of Labor Substitution would take out atleast half of 700 K pending labors..

    Making the total new cases definitely managable - "damn again I m thinking logically." :rolleyes:




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  • willwin
    07-28 01:09 PM
    What exactly is the point of this rambling debate? Does anybody really thinks he/she can make an EB2 see the point of view of EB3 or vice-a-versa? No amount of legal/moral/philosophical arguments is going to convince the other party and we all know it.

    All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?

    Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!

    EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.

    EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.

    The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!

    Is that a new division? Active IVians and inactive IVians? LOL

    BTW, sorry to say that the active IVians are minority here.




    kanyewest
    02-12 11:13 AM
    Couple of questions here -
    1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
    2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
    a. your employment is terminated
    AND
    b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)



    Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
    I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.

    My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.

    When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.

    How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
    Greatly appreciate your time in responding to this...




    coolmanasip
    07-02 08:52 AM
    Sent out on Friday with an overnight delivery. So hoping that it must reach there today! Lawyers office is busy!!! won't tell the tracking number, only will confirm that it has gone out!!!



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