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Sunday, June 26, 2011

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  • wikipedia_fan
    03-31 12:55 PM
    We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.

    Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.

    INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.

    ac21 says that a person can change jobs after 485 has been pending for more then 180 days.

    The above two things are the law.

    In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.

    USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).

    Memo is clarification which they have been following for many years and as far as I know still binding.

    Thanks for the clarification. I wish my issue gets resolved soon :)





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  • concorde
    03-10 03:03 AM
    This is in reference to a thread about feeling depressed by retrogression or labor backlogs to stuck FBI namechecks or whatever it is that depresses you. Not criticizing anyone in particular so dont aim for me.

    Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.

    After all, if 90% of your time is spent on thinking about BECs and visa bulletins, imagine if that time was spent on doing the job they've hired you for.

    Some employers(like Microsoft) realize this and want to do something about it. Its not just about keeping the best and brightest here in USA. Its also about keeping the morale and productivity up.

    As to how to deal with this...try this.

    Call your local congressman's office(Find out info about that from House.gov, with your zipcode). Get an appointment with congressman. There is an Easter recess coming up when they would be back from DC.

    Then talk to him about all issues you have. Take all the material you need from the "Volunteer" menu item of this website.

    Doing something about the problem is the best therapy there is. I am not saying this because I want to coax you into meeting your congressman. No. That's not the objective. But I think action is the best remedy for this problem. And there is actionable stuff to do about this. If you are suffering from terminal cancer, then you really cant do anything about that. This is not such a problem. This is a problem for which the solution is out there.

    Somehow, after landing in this country, people lose the appetite for risk and adventure. Before they are in here, they would move mountains to score an H1 or an F1. After coming here, they hunker down, heads-under-the-desk kind of approach. What I am talking about is nearly 200 people right now, who have read this post, but havent logged in. They wouldnt log in. They wouldnt give their real email address if they sign up. They would never contribute. WHY? Because they are afraid. That they will be deported. For no reason. Everything we do is legal, including raising funds and spending it on lobbying. But they are afraid. They are also afraid that by talking to congressmen, they will make them mad and the congressman will pick up the phone, call USCIS and then get their 140 cancelled. Yes. People create their own fastasies and become afraid of them..

    Yesterday, nearly 2000 Irish illegals went to capitol hill (http://www.ireland.com/newspaper/frontpage/2007/0308/1173121325488.html)and talked to various lawmakers to lobby for CIR and legalization. They were illegals. Yet, the somehow managed to walk into the building where laws of this country are made, talk to people who make the laws that they have broken, go thru Capitol Hill security check, and look into the eye of the lawmaker and talk to them.

    However, our community, this is how they behave. Forget about talking to congressman, or contributing money. When they call the core group with a question, they block the caller id can call. Dont disclose their name too. Ask a questions and then quickely hang up. Some of them want to contribute with cash because they are not willing to believe us that we are doing everything legal here and its their right to lobbying and petition the Government for problems.

    After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker.

    So at the end of the day, if we are depressed that legals dont get attention, then you know where to look for blame : the highly skilled who are highly educated and too afraid because their education and skills make them think too much and analyze too much, and they are afraid all the time.

    logic, Very interesting to read this..good post.... but this got me thinking in retrospect; how many of us have voted back home? How many of us know how laws are made back home or made an effort to become involved in the law making process back home? Other than for a favour I wonder how many have picked up the phone and dialed the MLA or MP ("our" lawmakers in the true sense) on a law making issue. How many of us have filed taxes or even know what filing taxes means back home? :) Guys, don't aim for me, I am just reflecting on the views put forth in in logic's post. My point is, being judgmental is not going to get anybody anywhere. I am not really sure who is afraid..who isn't etc. Perhaps none of us has the courage to hang our boots here, go back and become the next LN Mittal or Bill Gates?..open the next Microsoft, Oracle etc :)?. I admit that I definitely don't have the courage otherwise I definitely wouldn't be here in the first place. The "their lawmaker" quoted somewhere in the above post doesn't hold good in the true sense. The most promising solution is to approach the CEOs of big businesses so they can contact "their lawmakers". I know that employees in Microsoft have approached and talked to Bill Gates on this issue. I will try to do the same at my employer. Let us all do that with our respective employers. I know that we will be afraid to do this and it is natural...after all things could backfire and we might get fired for talking to the CEO :-).





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  • ElectricGrandpa
    06-20 09:55 AM
    yep..





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  • coolman
    08-12 09:48 AM
    My parents are visiting us for 3 months.My mother is 66 and father 70.They have got complete checkup done in India and are in good health.I was looking for a fixed coverage for them just in case of any emergencies.Which one do you recommend ? Does anyone have experience using insurance and getting claims with no hassle.
    Thanks



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  • kumarc123
    12-31 02:29 PM
    I want to thank everyone for contributing their personal story, I as an immigrant understand the importance of Green Card. We have worked dillegently over the years, sacrificing our personal dreams, our spouses sacrificng their personal dreams.


    I am an optimistic person and I believe we will see a positive response.


    However with the current status of the economy, just asking for visa recapture will not help, we cannot bring a change based on one side of the bargain, what we need is a two way bargain. What we need to do is offer business deal, let them know that we do care about the economy and would like to contribute to make this country stonger, as it was in the past.


    The congress will do anything to get rid of all these homes off the market, if we add our intention's of buying homes in a our personal stories, they will think it from their side of the benefit as well.


    In all you stories please add you intentions to buy a home, as without greencard you do not want to take the risk.


    The downfall of the economy started with the housing crisis, and the economy will bounce back with a substantial improvement in the housing market. WE NEED TO INCLUDE OUR INTENTION OF BUYING HOMES


    Infact, we should also send emails to realtor association, let them know our intentions, so they can communicate it further to the congress.


    Guys you all are incredible and have contributed your valuable time and effort in IV. So I humbly request you all to please channel this effort lucratively for the other side as well. Remember the quote? BEGGARS ARE NOT CHOOSERS





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  • eb3_nepa
    02-05 04:22 PM
    can the H4 not apply for a new H1B? Is H4 barred from applying for H1B? If not, I don't see where the prob lies. plus how will this solve the retrogression issue?

    Not all professions can apply for H1Bs. You need to have specific skills that the US does NOT have. Someone on here had once posted that his wife could not work as a teacher although the school was ready to offer her a job, coz there is no H1B category for teachers. The H1B visa cannot help spouses in all professions. Hence my suggestion.

    About how this will solve retrogression, IT WONT. My point is instead of trying to bring this retrogression beast down, maybe we should look at alternatives to work around it.



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  • gsc999
    03-13 04:33 PM
    The Admin Fixes letter campaign was a good initiative. But, the target date got moved twice, and now I dont even know when the end date is.
    Thank you

    Thanks Waldenpond, paskal, english_august!

    As far as joining a state chapter, you don't need to have face to face meetings at all. We haven't had even ONE meeting in NORCAL in the last few months.

    Several state chapter members have collected & mailed to us dozens of letters without meeting us even once.
    When there is time to act, you don't have to worry about how far you live etc.

    The joint efforts of SoCal & NorCal are an excellent example as well. Gsc999 from NorCal has been to SoCal once in a while to help them with a Diwali Mela or a Letters drive, and SoCal folks drove to San Jose for the rally in July 07, and drona from SoCal helped us organize a Diwali mela event in NorCal in 11/2007.

    More recently, rinsuper from SoCal called up hundreds of IV members all over California, then mailed us a bunch of 50 letters she had personally collected!

    If there is a will, there is a way. If you insist on having a local chapter, feel free to setup yourself. IV will be too happy to help you do it!

    jnrajaan: Thank you for your critical feedback, it is useful.
    Just a quick clarification. The time line extension for Admin fix letter campaigned was requested by various state chapter volunteers including myself, abhijit and others. The reason was the traction they were gaining after volunteering on the ground for few weeks. The idea was to leverage that instead of just ending the admin fix letter campaign on a fixed date.

    Abhijit: yes, thanks to you and other highly motivated volunteers in California and other states we have been very successful in highlighting our issues to the necessary "powers that be." This is an ongoing effort and not an ad-hoc strategy. We will disclose further steps when necessary.If people want the low-down they need to be involved and go the grass root volunteer work

    Fellow IVers hang-on in there. As someone said,"It is darkest before the dawn." The old members go and new members come in that is to be expected.

    Let keep our focus on our mission

    Cheers!





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  • JazzByTheBay
    07-17 10:08 PM
    Let's pick up where we left off before this July 2 visa bulletin debacle (and the resulting struggle). Though the whole fiasco did get us our first taste of success, imho, and as such isn't insignificant by any measure.

    Jazz

    we seized on an opportunity and won a battle.
    the war is still to be one.
    there is no way this over. we will fight till retrogression ends.



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  • PresidentO
    05-14 09:47 AM
    I am thankful to everyone who read or responded even if you don't agree. Taking it a step furthur there are couple of things that stand out which i think again show how we twist every fact to our advantage.

    1) US need immigration to grow and prosper. wel agreed, but who are we to preach. Its for American to figure it out. We don't care for our mother land i:e India but we are first to point out how US will be worse off if it stops immigration. I really doubt the intention here. You know, we care more bout US then India and once we get our GC we probably wont care much bout US either.

    >> You coward. This is a democracy and the constitution of US allows any one on the land of the United states to speak up and make their case with the US government. You dont need to be a citizen. You and your typical boot licking mentality. Not all of us are selfish maggots as you are and think only about ourselves. We do care about the US. Just dont think that every one is exactly like you in his/her attitude towards US. Preferences are different from caring. Just because one has chosen to immigrate to a different country does not mean that the person does not care for his/her motherland. By your logic, the laloo prasad', Gandhi's, Advani/Modi/Naidu etc all do care for India. LMAO. Will you please shut the f up? <<

    2) Saying its a fight for rights and if we don't fight we are cowards. well i agree we are all cowards not because we are not fighting to bring forward all mighty priority dates but because we showed our backs to our own country. We went to public funded IIT and other institutions and then ran away from our nation at first chance. So yes, in a way we are all cowards here.

    >> Ok Mr IIT, Stop generalizing again. There are people who paid different kinds of amounts as tuition fee to get a degree. Last time I checked IIT's accept a paltry 3000 students together. Definitely not 300,000. Again, just because you chose to immigrate does not mean that you have showed your back to your own country. If you consider so, please turn the back again and go home. This is a place for individuals who want to immigrate to the US. Not for scums who want to dilute and defeat the whole purpose. You are entitled to your opinions. If you want to take the masses back home, go do it on your turf. <<


    3) USCIS should be fair to India. If you look closely, USCIS rules are not country specific. Quota applies to every country, but only India, Mexico and china exhaust theirs. Does tell u something doesn't it.

    >> Thank you for showing your two feet in your mouth. Those are not USCIS rules Mr Ignorant. Those are the rules set by the US Congress as a part of the INA act. Your logic of speaking for country caps only shows that you have no idea of the head/tail of the country caps system. Lets apply the country caps on F1/H1B as well and take your sorry a$$ to where it came from <<



    Finally, Thank you for your smart and intelligent attempt to dilute the members' focus. First you start off by saying that we have no allegiance to our home land and finally you deduce that country caps are OK.

    Inference: You are some psycho who is concerned that the glass ceiling of country caps in employment based system will be shattered sooner or later.





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  • snathan
    01-17 12:47 PM
    ^^^^^^^^^^^^



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  • annsheila79
    04-21 12:52 PM
    hey are you Sheila Ann or Sheila Kijawani ? :D

    Sent you a PM. please check :p.





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  • solaris27
    08-19 01:43 PM
    Congratulations



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  • pappu
    07-02 11:43 AM
    I think we should also hear from people who have taken action and what their experience was. This may give ideas to others.





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  • DesiGuy
    09-17 11:43 AM
    Rep Smith is speaking...still seems 6020.



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  • walking_dude
    11-14 10:17 AM
    Contact WWJ and let them know your views.

    Be polite. Don't make personal attacks on Lou Dobbs and WWJ. Don't threaten them. Nicely but firmly let them know that their one-sided coverage of "Populism" without covering the views of Immigrants provides a biased view to their patrons. Let them know that such anti-Immigrant coverage has the potential of provoking/inciting attacks against foreigners. WWJ would be responsible indirectly and liable if "Lou Dobbs show" leads to such attacks by misguided elements fired by Mr. Dobbs rhetoric.

    Ask them -
    1) What actions are WWJ taking to provide coverage of the other point of view, in the interests of fairness?
    2) What actions is the network taking to ensure that Lou Dobbs verbal attacks on foreigners do not translate into physical attacks on foreigners living in Michigan?

    Contact - http://www.wwj.com/pages/7288.php





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  • syzygy
    01-31 01:45 PM
    Please read and vote cautiously as another illegal immigration related clause is at number 5


    Voted twice for both the questions and also urged half a dozen colleagues to do the same.



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  • addsf345
    11-10 05:46 PM
    I would keep it simple. H1 is a very solid backup in current market. I just don't want to close any options.

    I respect your opinion. I myself a layman, and like your signature says gathered or rather trying to gather information from various online forums, chats and discussions.

    As I mentioned in one my earlier reply, here is that URL I found. This is on mr.gotcher's website.

    http://immigration-information.com/forums/showthread.php?t=5293

    While I can not comment on it with my limited exposure on this subject, reading thru' it will surely help you to develop better understanding on this topic. There are some interesting arguments & counter arguments.

    One more thing: As I promised to my fellow IVians, I have prepared my letters for IV letter campaign for AC21 issue. These should be in mail by tonight.





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  • canleo98
    07-26 11:09 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.



    I guess I feel more and more hopeless by each second/minute

    My PERM application (5/28/07 PD) stuck at Atlanta
    In meantime I asked my lawyer what my employer would need to get for me (my employer has been a major pain and slow beyond words...took years to get PERm going...i'm seriously just done/depressed with so much). My lawyer said they would need to provide 2006 tax docs and sign bunch of papers etc.

    Checked with employer...it's an average work place...must have 100 employees i think....and i'm told by HR (this woman in charge seriously has some stuff against me...i don't know) that they don't have 2006 returns, just 2005...come on a legal place like them has to have filed 2006 return.... but this is what i'm told..

    I guess what's the point...without those docs, which i assume are initial evidence, i have no hope....

    me...really sad....





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  • sanju
    03-11 10:35 AM
    Don't be after the whole town because your son doesn't resemble you, check your next door neighbor first....

    If I start attacking your wife and kids on this forum you will immediately cry foul. But you want different rules for yourself. Let me take a higher road and not go down to your level.

    Forum Admin,

    Please put a check on this mirage guy/gal. Otherwise please give everyone a free pass to say what everyone has to say. Its not fair that you warn me in a private message but you let mirage say anything that he wants. Its ok to attack me, but my family is out of bound. If this doesn't apply on me, then it should not apply on mirage, and I should be given a free choice to attack mirage's wife and children, right? I do not intend on posting something for anyone's wife/hisband and children because that is not who I am, but I want to make sure you enforce the same rules here as you enforced on me the other day.

    .





    wawa
    09-30 12:30 AM
    Hi there,

    I received the exact same Email notice from USCIS as you on Sept. 28, 2007. I'm confused! I got my H1B 7th year extention approved in Feb. 2006. What happened to this case?





    krishjack
    04-20 06:42 AM
    Contributed another $100. Great Job IV.



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