Sunday, June 19, 2011

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  • qualified_trash
    08-08 03:40 PM
    OK, I edited the text to make it clearer that 20-25 years applies only to some family based immigrants. Let me know if it reads OK (grammar etc.) after the edits.

    Pankaj

    As this is your article, you have all the freedom to write on what impacts you. However, keep in mind that FB immigration is still a sore spot with the American public as the perception is that Immigrants bring their parents here to collect on SS and Medicare (true in some cases I guess). If it were left up to me, I would leave FB Immigration out of the writeup.......

    Just my 2 cents.

    Grammar etc looks fine to me :-))




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  • arnab221
    07-30 05:36 PM
    Guys ,
    Any more new approvals from Atlanta .I am getting deperate here . What are the Atlanta folks doing ? SPEED UP for Heavens sake !!!




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  • browncow
    07-05 05:09 PM
    The idea is very brillinat and this actually benefits the current IV core too.
    Usually, people get tired of leading a non-profit, too much of ones personal resources go into it.
    A new leadership will bring new energy in form of people getting a title and make them more accountable to needs.
    Every current commitee(current IV core) actually is the backbone of a non-profit, cos they carry lots of assets, in terms of connections they have developed, money they have accumulated, goals that they have set, etc...
    So the current IV core can support the new commitee and take their help to take the organisation forward.
    And as I previously mentioned, the organisation does not or should not cease to exits once our goals are met, they should then be lead by other non-immigrants who will have a whole different set of issues.

    usually, a non-profits exec committee is elected by its members.
    for eg. the 2009 members (paid), can vote for the IV president and the committe.

    it doesnt make sense for evey EB immigant to go and start a new non-for-profit.




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  • saiju
    07-21 02:43 AM
    Any possibility for getting this amendment again, so that the core members can make an action plan on this.

    Also is there any chance for new amendment like this in the near future.



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  • Amma
    09-09 12:22 AM
    Dear friends,

    Contributed $ 300 today via google .

    Keep going IV.


    Amma




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  • MDix
    08-22 09:32 PM
    Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.

    E21(EB2):

    5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
    (A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
    Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
    (i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
    (iii) A license to practice the profession or certification for a particular profession or occupation;
    (iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
    Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
    (v) Evidence of membership in professional associations; or
    (vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 16
    (vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
    8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
    Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
    Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
    6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
    7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
    For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 17
    8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
    The duplicate



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  • eb3_nepa
    07-14 12:48 PM
    Hello everyone,

    I am starting a new campaign for IV's benefit. It is called "Give me a High Five".

    The point of this campaign is to send Not $100, not $50, not even $10.


    ALL you need to do is write out a $5 cheque and send it to IV on the address listed.

    The address to mail the checks to is:

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65


    Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $5 ACTUALLY goes to IV.

    We have 30,000 members on here. If EACH of us contributes just $5 we have $150,000.

    For the sake of your OWN freedom, can you donate just FIVE dollars to IV? Every single one of you. IV has done a LOT for every legal immigrant. All we ask in return right now is FIVE dollars. FIVE dollars. Not the price of one month of Cable, but the price of a SUBWAY SANDWICH.


    The following IV members have entered the High Five Hall of Fame:
    bestofall, johnnybhai, Mahatma, sparklinks, kevinkris, hariswaminathan, akhilmahajan, a_paradkar, tejonidhi, ho_gaya_kaya_?, June05, chintainfogc, k_usa, Sri_1975, cheshirecat, satyasaich, pd_recapturing, sajidmd, govindk, mjdup, alok_msh, plreddy, naidu2543, venkygct, j_bharadwaj, gsrknth, cooldude0807, for_gc, Chiwere, jayleno, funny, eight_8, ita, GCOP, desi chala usa, gc_kaavaali, lakshman.easwaran, ebizash, srhari, srinivas_o, ndny, rameshvaid, mhathi, rajesh_kamisetty, shana04, Vsach, leo2606, sujijag, sam2006, dhirajs98, dhirajs98 , vsbalaji, shiankuraaf, nosightofgc, prasadn, prasha98, Mani, DDash, bgp, gc28262, Caliber, gc_on_demand, agc2005, SkilledWorker4GC, vban2007, vvicky72, sriv1, desidude, Suva, sandy_anand, ckichannagari, h1techSlave, kushaljn, sirinme, WeShallOvercome, rajvepa, dodsatya, gc78, hotammo, gcbikari, abhijitp, wizpal




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  • HRPRO
    02-23 04:31 PM
    Well, I had a Infopass last week to check on a Soft LUD on my I-140, I heard slightly different story, they did not say adjudicating the EB application, but Process the EB application, which I guess what they were saying is pre-adjudicating the cases, in the last few weeks with lot of cases being transferred (both EB2/EB3) to different offices, pre-adjudicating the cases makes sense....but hey, we are talking about USCIS here, we never know, whatever you heard could be true too......

    One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??

    What is LUD



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  • santb1975
    05-27 12:00 PM
    hmmm




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  • thescadaman
    05-10 11:40 AM
    Thanks for your reply. Infact I talked to the manager(Supervisor) at two DMV locations in Houston TX. First one only told me about this rule. At second place, since I insisted they showed me the rule in writing. I also expressed my frustration asking what kind of rule is this? They just washed hands saying they didn't make the rule and put the blame on texas legislature and parliament! Anyways will try your written rejection letter option.
    Suprised to read that you were able to make it in texas. Does your DL has Temporary Visitor Status Expies <Date> stamp on it?

    This is the highly detailed Official Document which (thankfully) does a good job of explaining the various statuses (25 pages long) - the criteria for applying and the validity of the DL.

    http://www.txdps.state.tx.us/DriverLicense/documents/ImmigrationStatusChart.pdf

    aerady - Have you applied for I-485?
    If Yes - then Look at Page 3 of this document

    Applicants for adjustment of status:
    Doc Required: Immigration documentation indicating this status � or Employment Authorization Document (EAD)(I-688B or I-766) with category C09. This documentation can include, but is not limited to a form I-797 indicating a pending I-485 or pending application for adjustment of status.
    Temporary Visitor Status Date: 1 year from date of application.



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  • chanduv23
    11-18 10:41 AM
    We must also step forward and work towards resolving other things

    (1) Create blog on how to report Employer wage violations to Wage and Hour division

    (2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues

    (3) Any other pressing issues....

    Folks please add anything you feel must be addressed




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  • texanguy
    09-10 11:23 AM
    :mad:why did i get a red dot for this post? now i cant access the chat...sucks

    you still have till end of this month...



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  • lonedesi
    08-05 11:18 AM
    LoneDesi:

    What changes are needed when sending a letter from an EB3-I point of view?
    The processing dates you have mentioned correspond only to EB2.

    Thanks.

    Just EB2 to EB3 and mention that processing of I-140's has nothing to do with the category you are in. Only at I-485 stage the category is important to obtain a immigrant visa from DOS. So make appropriate changes and feel free to modify the letter to suit your situation.




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  • gapala
    09-09 10:15 AM
    [quote] to add to the conversation on the price -> locals are also experiencing a glut of money due to the economic boom in the last 5 years or so. Small businesses have really taken off in a big way exporting to Europe/ US. Investors in the stock market have also hit the jackpot. And, once you have money, for most Indians the safest option to invest is in property or gold.

    Also better salaries all around fueled by attrition of talent to the IT sector. [quote]

    This may be correct to certain extent but only the elite class and creamy layer of 1.8% of total population. When we look at the bigger picture of the country, I could not connect the dots. GDP is just above $2500 and PPP is about $3300. How in the world will you justify $200,000 to $300,000. Plus the cost of financing the purchase.

    In simple terms, median home price is 100 times the GDP and life expectancy in india is 70 years. average work life span is 40 years. Home Mortgages are 15, 20 or 25 years in India which will cover only 1/4th of the median price of a home based on even anticipated high GDP growth and considering moderate increase in cost of living. Given that the risk of default is huge and banks are running at very high risk. I believe buying a house is a big gamble in India and more to that for Banks, lending is also a big gamble.

    Note that according to banks, investment in apartments capitalize only over 25 years in india. (Rent vs. Own) Is this correct? Average rentals in ONLY Big cities are Rs. 12000 ($275 / month $3300 a year) to 15000 ($340 / month $4000 a year) for the same 1000 sqft 2 bedroom apartments which itself is above the GDP :). What that tells me, even the rentals are also not affordable to majority of the population. Back to captalization part 4000 * 25 = 100,000. which is half of the investment... add the alternate investment value for 25 years, capitalization will be way below 50%.
    That means it will take more than 50 years to capatilize the investment. This is more that Mod average work life span of 40 years. Note that Maintenance and Taxes for 25 years excluded in above calc. Are banks stupid?

    I do not know what to tell ya man! To me its really scary

    A small credit crunch (crisis is not required) might bring the entire economy to floor.

    fine print: (Above analysis applies only for working taxpaying people like us who does not have unaccounted money.)



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  • ssnd03
    04-02 12:57 PM
    For the green card, I'll bet you I'll get it next month.

    Villamonte - the laws are such that USCIS cannot screw up much for ROW, especially if they are not in EB3. I hope you are not gloating much about your luck. However, you cannot extrapolate your fortune to say that USCIS is an efficient organization.

    However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.

    I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.

    D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.

    Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.

    D.E.D. just go back to the cave where you came from.




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  • cheshirecat
    07-14 02:21 PM
    Done



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  • wandmaker
    03-12 11:19 AM
    It is very easy to contradict or find errors.

    No body is getting paid here to have a tester test it.

    Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.

    Actual ball park is 300-350 members, who actually come forward for all campaigns and contribute, and around 50 one-timers.




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  • raj7480
    08-01 02:21 PM
    When you have these news articles ready...one of the easiest way to circulate them is using a news wire agency.

    I have used http://www.prweb.com/ before for my company news releases. It is free and if you want a broader reach pay $80. It is very effective.

    It is a good idea to release it when something related to immigration is going on in senate or house. During this time, all major news network pickup articles from these wires based on keywords like "immigration, border issue etc"

    So make sure you add appropriate keywords when you do the release.




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  • saibabu_d
    07-06 01:32 PM
    "I see lots of frustration here. July fillers, you will definitely feel good after hearing my story. At least you are not in my situation. Read this: I was eligible to file in June under June visa bulletin. My deshi blood s^#$* employer did not provide me the letter in time. I am in my 7th year of H1B and they refused to provide my I-140 approval copy. I have the receipt# only. Attorney will not give it to me either. Now what should I do. You guys at lest will be able to file may be in future. What about me! Please suggest anyone!! Now I can not go to a new employer also! See, you are in better position than mine."

    This is a gross violation of basic employment rights; contact department of labor; things will turn out in your favor.




    test123
    03-22 09:56 PM
    My First Post :

    Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.

    Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
    I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.




    Libra
    09-11 04:56 PM
    thank you saikatmandal.



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