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  • DDash
    07-19 03:22 PM
    Guys,

    I feel privilieged that I have an opportunity to work with the same employer as Aman. I remember talking to him one year back, when he first mentioned retrogression. Like many others, I was naive and thought I dont have to worry about it until 3 or 4 yrs. I have seen him in action, he is the most polite human I have ever came across, who is super soft in his heart but super agressive in his actions. I know that he sold his house to generate 64K to spend for IV.

    He once told me that he likes to socialize with fellow employers, indulge in office politics, etc and be a typical employee, but unfortunately he cannot because he would rather spend that time on IV and build things for IV.

    I know for a fact that, his boss is not all too happy about he dedicating his time to other efforts. But he stands like a pillar to protect our IV community.

    In a nutshell: Here is a man who is willing to give whatever it takes to stand up for what he believe in. We the community should be extremely happy to have people like him and Logiclife.

    I will start my $20 dollar contributions / per month recurring contributions today.





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  • logiclife
    02-13 05:36 PM
    As mentioned In Logiclifes first post in this forum,
    Organizations who have Millions of dollar In budget for pushing and lobbying their Issues failed also for whatever reason ( He did not mention reasons ).
    Does that mean that having a fat budget does not Impact the outcome ?
    What It proves Is Its really the Politics, election, People's focus on the Issue which matters and NOT the lobbying with big fat budget.
    And If its the case then our issue will be taken care of on its own merit when all above factors are in our favour, regardless of lobbying.

    Just a thought, I hope I am not upsetting the general trend of praising efforts.

    It was thru lobbying (on which contributions were spent) that we got provisions added the the Senate's comprehensive Immigration reform last year. Without lobbying, all that would not have happened. No other group, industry, company or organization was working to remove the hard cap on country quotas in EB immigration. It was exclusively by IV and QGA's efforts.

    Under certain circumstances , like the ones that existed last year with Jim Sensenbrenner as the House Judiciary Commitee chair , yes, even 10 million dollars spent in lobbying in one year cannot achieve even the smallest amount of law-change or regulation. No matter how you approach things, you cannot bypass House Judiciary committee regarding immigration provision. And you cannot bypass the chairman of that committee.

    However, things have changed significantly this year and that is why every effort done this year will make a difference. Biggest portion of the effort is lobbying and it can work if its given time and done patiently. And yes we do need contributions for that.





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  • ashkam
    07-11 11:28 AM
    Where did you get the information that it would take a year and half. Is it just a guess!!!

    Being largely ignorant of law, I wouldn't guess. Comment 34 on this thread and elsewhere on other threads.





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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.



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  • gc28262
    01-29 09:29 AM
    AILA’s Business Litigation Comm. Re: Neufeld memobyH-1 Cap Blog (http://www.h1cap.com/?p=121)
    The American Immigration Lawyers Association (AILA) has a Business Litigation Committee (BLC) and we met this week and the hot topic of discussion was the recently released Neufeld memo. There is a strong belief that the memo was issued in violation of the Administrative Procedures Act. There is also the belief that the memo violates long-standing precedent and established law. It is believed that there are numerous industry groups as well as individual companies that may be pursuing litigation on this matter. The BLC is in the process of working with the American Immigration Council to create a special section within its clearinghouse service http://www.legalactioncenter.org/litigation-clearinghouse (http://www.h1cap.com/blocked::http://www.legalactioncenter.org/litigation-clearinghouse) specifically dedicated to collecting and posting relevant documents and information on this issue. This will allow all interested parties to be kept up to date on efforts being made to address this policy. We are looking for information regarding actual litigation as well as significant meetings, letters, etc. to USCIS officials as well as Congressional members on this topic. We will then organize the relevant documentation and make it available for access by others. If you are interested in participating in this clearinghouse effort, please keep us updated on your efforts. contact mfh@hammondlawfirm.com for additional info.





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  • rri195
    07-18 03:24 PM
    that's delivered date

    It seems few applicants who mailed on 6/29 or 6/30 did got RD of 7/2
    http://www..com/usa-immigration-trackers/i485-tracker1/



    just wondering how ???



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  • srikondoji
    07-12 10:20 AM
    Recapture the lost Visa numbers and accept all applications.
    Only this is a reasonable escape route for USCIS and DOS.
    If anti immigrant senators were behind this, then they will have to request the congress to request the numbers too along with pro-immigration senators.
    :eek:
    exactly. whatever they do, it will not be fair, so it is really a huge mess created by the stupid C in the original bulletin.





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  • h1b_alex
    03-29 12:00 AM
    @Snathan how did you know he didn't call me here , are you one of the consultants yourself who does this filthy work of cheating people.

    I guess it was my employers discretion to make me sit home with him just not responding to my mails, i couldn't barge in to his office and say hey give me desk to work on? can i ?

    Anyways looking at the LCA agreement i think you don't seem to know what you are talking about, I am here holding his company's name on my H1B form , His agreement on LCA and his employment letter, i dunno if there is any other way i could make inroads into barging into his office?

    Now if he puts a security guard against me entering his office, shouldn't i report this to DOL too?



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  • satishku_2000
    07-27 02:42 PM
    My I-140 got approved even though my company also did not file 2006 Tax return. My company is a small(less than 30 employee) loss making company. Our company secretary just gave a letter that company has not filed tax return for 2006 and has asked for extension, attached request for extension. If you are meeting any one of the three criteria of the yates memo, there are very high chances of I-140 getting appoved. Search for yates memo and you will get more details. Is your current wages more than prevailing wages? If yes, then you will be fine. Your lawyer has do a very good analysis of companies ability to pay prevailing wages. So work with your lawyer and you will be fine.

    Hey

    you have any link to the memo?





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  • rajagopal_04
    01-03 08:12 AM
    Today i got reply from Chennai, NIV saying i need to wait somemore days...:mad:

    Does anyone got their PP back...? Thanks (My wife had interview on Dec 19th)



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  • natrajs
    03-16 11:52 PM
    Hey,

    I have Bachelor's computer's 3 years and MCA 2 years from IGNOU. I have over 7 years of Exp excluding frm my current company. Is EB2 possible in my case. My employer says its not cause of my education, can anybody let me know if they have done EB2 with this scenario. Appreciate your time. Thanks




    12 + 4 ( Education) + 5 Years progressive experiece qualify for EB2, you have 12+3+2 ( Education) + 7 Years - Yes you qualify for the EB2, However your job description should qualify for a EB2 position, consult a Attorney





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  • 485Mbe4001
    02-01 05:20 PM
    maybe we should have a 'sounding board' section where such threads can be started where you can cirb all you want about desi companies/consultants and other issues you want to get out of your system. You do realize that many people read these threads. Spritied discussions are great but upto a certain point and if they help the cause.

    We are a small community here and all of us are stuck in a problem we DID NOT create. we are a part of a system that is broken. Instead of crying about problems, lets try and figure out ways to solve one for a change.

    if people cannot contribute financially, conrtibute your time and talk to people about IV. Try to meet sucessful/influential immigrants and see if they can help us out, see if they can help us with their contacts. Try to seek people who are stuck in this mess and educate them about it. Get leads on people who can help us out.

    Start a thread that mentions what you have done to help IV maybe people will learn from that
    thanks,



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  • alien2006
    06-07 11:57 AM
    So you guys are saying that because you are on a H1B you are working harder than others? Let me tell you that working hard does not guarantee your job. I have seen hard workers laid off left and right, be it US citizens, green card holders or H1Bs. In fact one of my GC friends said that it is a constant fear for him to be employed at all times, he was unemployed for 10 months after the dot com bust. That changed him completely, he said what will I do with my GC, can I feed my kids with a GC? I need a job. So it is everyone's perspective. I look at him and say at least you have a GC, he says at least you have a job. :)

    I still think that GC is not a right. It is a privilege, as is a driving license. You have to pass the drivers test to get a license. Logiclife's message from centuries back about anyone being able to move to another country does not work in today's world. There were no visit visas needed to get to India or China for example in those years, but why is it a requirement to have a visa to visit India now? Things have changed.

    BTW, I do think we should do what we can to improve the immigration process, but if nothing gets done its not the end of the world. We can "ask", "request" Congress to change laws. But surely you are not saying we "demand" for our rights to have a GC?





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  • gc28262
    01-28 04:39 PM
    I didn't find where in the PDF AILA is saying the definition is illegal!

    They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).

    Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?

    AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
    Page 3
    The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
    AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.

    desi3933,

    Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
    Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.



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  • Canadianindian
    07-14 09:56 PM
    Signed. How do we fire this guy?

    Threads such as this should reach 100 pages at least.





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  • willigetagc
    08-19 01:40 PM
    Finally I am a US citizen after being 10+ years in this country. This is one of my biggest fulfillments and it means everything to me. US is just not home anymore for me, it is my country.

    I wish everyone the best and hope they get GC very soon.

    Proud to be an and legal immigrant.

    Good Luck!

    YOU people are screwing us poor legal immigrants...don't YOUR people know even simple FIFO processing....are YOUR people so dumb that they don't understand how to read a calendar... YOU guys @#$!$$%

    :D:D

    (just kidding. could'nt resist getting at YOU folks... enjoy)



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  • kshitijnt
    01-31 06:48 PM
    ----------

    that was the idea behind it, but when a feature is being misused and exploited that needs to be plugged. If microsoft needed a genius they can bring that person in on EB1 or H1B or B1 visa. there are many other avenues.
    How do u feel that a person who arrives in US yesterday, buys a labor, gets his GC within a year while thousands of us are waiting patiently.
    It is an unfair practice and should have been stopped long time back.
    It's never too late though.
    Selling labors became the business model of manyof these companies.
    Are they doing anything illegal? NO.
    Are they doing something ethical? NO
    So, the law has to change to give everyone a fair chance.


    This leads to exploitation and unfair business. Should be stopped.





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  • sc3
    09-25 01:15 PM
    Hey buddy sc3, How are you this morning. I just have to go to a meeting in another few minutes. Would you be around today? We have to continue our discussion from the other day. I feel like learning a lot from you and I love discussing with you. Please stick around and I will be back soon. Please don't go, ok. In the meantime, here is an excellent video you may want to watch in the meantime.


    This is really good.


    .

    Doing good, thank you. How about yourself? Sanju, with all these candies you are throwing at us, I am thinking that you might be the one my parents used to warn about (dont talk to strangers who offer you candies). So now I am very scared, you seem to have taken quite a liking to my thoughts, which scares me too (rest assured, I called dateline NBC too!, Chris Hansen is a nice person to talk to).

    You want to discuss more, well there is a problem, I am not a debater. I never won any debating contests. I see the points all of you are making, and, while I can understand where from it is coming. On a bleak day, I do commiserate with it - heck I do sometimes even cross over to play the devils advocate (Note: it is an expression, I am not saying we Indians are devils (I need to clarify, because there are some who take literal meaning at times)), but in the end, I have to come back to the quota being an enabler to control the "rush" of applicants.

    Some have said that EB is based solely on "merits", and that I am inventing my own intent (of diversity). No I am not, look it up. The per-country quota system is mentioned in the statues even before family or EB is discussed. Family based immigration have the per country quota too (why should an Indian Family suffer for X years, while families of other countries are able to unite sooner), but I dont see that we asked to remove the the quota completely. We only asked for removal in EB (but that is deviating from the topic).

    I am not anti-immigrant, just because I argue against some provisions does not make me anti-immigrant (well the same charge will be leveled against us by CIR folks because we dont take/support their approach), and no I dont yet have my GC. I may be whatever, but I will not burn the bridge after crossing it (though I have been known to burn the bridge while I am still on it).

    Yes, laws can (and shall) be changed, but can't we discuss the good and bad of what we are changing? I have seen many a legislation that have good intent at heart, but many times ends up without checks and balances (and eventually misused).





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  • HRPRO
    03-29 02:22 PM
    Alex

    I mostly get reds for being honest and stating the facts but that doesnt matter. I have to agree with Nathan, dont get emotional, lets see how to get out of this mess. As you stated, your employer didnt invite you, the only thing he should have done that he didnt do was recalled your petition when it became effective. He will get away with a warning and a small fine unless he has done the same as a pattern.

    You can get him in real trouble, (of course but only by doing damage to yourself) by proving you paid the money for the H-1 and I sure here too, you would have given him a check and he would have given a company check to USCIS and you are going to make life more difficult for you than for him as proving you paid the money for the petitionis going to be very difficult.

    This is the time to sit back and think what is your real goal. I guess, it was to come here and work hard and succeed not make life miserable for everyone involved. Trust me Honey attracts more flies than vinegar. Speak to your employers softly and try to find a solution. If you need help finding a job, I am sure there are plenty of avenues, especially with the market improving.

    Now dont jump into conclusions, that I am another consultant or work for a consultant. I am neither.

    HRP





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    wikipedia_fan
    03-30 02:40 PM
    Forum Gurus - I got a denial letter on my 485. I am a July 2007 filer and applied for AOS in July 2007. My 140 was revoked by ex employer in August 2008 and immediately I got a NOID from USCIS and responded to it in a timely manner and my case processing resumed.

    But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.

    It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.

    I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.

    Is there anyone else in the same boat? How long does it take for MTR to get processed?



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