Wednesday, June 8, 2011

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  • mundada
    01-13 09:09 AM
    I disagree with you. I will try again but you can continue to disagree with me.

    Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
    Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.

    Both guys are brilliant and have same talent.
    ROW guy gets approval in 2005, while Retrogressed guy has not got approval even in 2010.

    ROW guy gets promotion and moves up in the ladder in 5 years from 2005 to 2010, while Retrogressed guy cannot move up the ladder even though he qualifies for the promotion because he does not have green card and is required to maintain same or similar job.

    Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work.

    It would have been fine legally if people from all the countries had to wait for green card for same amount of time, even for 10 years because immigration is benefit.

    I think when the law was designed this situation was not considered. Hence, I think the law as it is has had an unintended consequence of discrimination at work.

    I therefore think if someone with EB2 from 2004 or EB3 from 2002 has a good chance of convincing EEOC of work discrimination because

    CAUSE:
    1. He/She is required to have same or similar job; AND
    2. He/She is qualified for the promotion; AND
    3. People in his/her group and in the same/similar situation who were from ROW received their GC at least 3 years earlier and have got the promotion; AND
    4. People from only few countries are retrogressed; AND
    5. The only reason for his/her not receiving the GC is visa number unavailability because of country quota and there is no other reason

    EFFECT: (though unintended)
    He/She cannot get promotion; while his collegue from ROW can i.e. People from only few countries are at disadvantage at work compared to people from ROW.




    You are missing the key point here.

    Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.

    In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).


    ________________
    Not a legal advice.




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  • tnite
    06-13 09:11 PM
    Can I485 be applied through local USCIS office instead of the service center? if yes, whats the procedure?




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  • pappu
    04-25 06:08 PM
    Dear IV members,

    We are seeing now the fruits of our efforts.


    Update: Bipartisan Bill - HR 5882 introduced to Recapture EB visa numbers (http://immigrationvoice.org/forum/showthread.php?t=18773)
    Update: HR 5921 Introduced to eliminate per country limits (http://immigrationvoice.org/forum/showthread.php?t=18856)

    Despite a difficult year for immigration, there is movement of Bills for us.

    The admin fixes campaign has also been successful. It is now a matter of time when administration chooses to make an announcement. We have been following up with them on regular intervals. The phase 2 of our campaign has also been going for past several weeks. Several state chapter members have traveled to DC and lobbied. Core has also traveled to DC to push for our provisions.

    The latest good news is the bill on Recapture. IV has been on the front lines to announce all these developments and our lobbyists have been lobbying hard for us. All this effort costs money and thus we are starting a funding drive after a gap of 4 months so that we can continue this momentum. The more we can raise, the better we can lobby. We have a target to reach at least 50K in this funding drive so that IV can continue to be a voice of immigrants and take up their issues on the hill.

    Please contribute generously. We encourage people signing up for recurring contributions but if you want to contribute one time, you can do so too. If you want to contribute an amount not listed on the contributions page (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44), you can contribute by paypal using the email donations at immigrationvoice dot org

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    Once you have contributed, please post on the thread and we can know how much closer we are from our target. IV chapter leaders and Team IV members will run this thread and count the contributions.

    Click here to view the total amount collected so far (http://immigrationvoice.org/forum/showpost.php?p=242948&postcount=2)

    Thanks
    IV team




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  • IfYouSeekAmy
    08-20 10:14 AM
    I used David Cohen at Canada Immigration - Information on Immigration to Canada (http://www.canadavisa.com/)

    They did a good job. My only complaint with they kept changing the paralegal that was handling my case like 3 times during the whole process. Otherwise no problmems.



    First thanks to those who put there first hand experience in this thread, it made me think again. And now I am deciding to cross the border and go north, after 9+ years in US on H1b.

    Could someone please refer a Do-it-yourself kit that they have used and/or immigration consultant?
    I contacted one consultant, they email almost every week and when I called/emailed them saying I am ready to pursue there has been no response from other side yet.

    It will be great help for me if you could refer a kit or a consultant.

    Looking forward to join H1->Canada community :D

    Thanks
    H1bslave



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  • seattleboy
    07-08 02:28 PM
    Guys and Gals,
    Lets not bash anyone here. IEEE might sound anti-immigrant on the surface in true sense, its only anti H1B for all the right reason. I am not trying to defend IEEE but just getting the facts straight. Please check the attached file which is a letter sent by IEEE-USA president to Gov of Minnasota.
    Raj

    IEEE-USA has maintained a consistent position against H1-B visas for a long time. Of late they have been found making statements that cast aspersions on legal immigrants as well. I have often found that people who confess to hate only one type of immigrants are just attempting to air a politically correct view of their anti-immigrant philosophy.

    http://www.ieeeusa.org/communications/releases/2006/052506pr.asp

    "Combined with the H-1B visa increases, the Senate bill also includes substantial increases in legal permanent immigrant admissions that could have a major impact on the U.S. information technology workforce and engineering enterprise, according to IEEE-USA.

    Dr. Wyndrum added: "The bill opens the spigot on numerous skilled visa categories. The question is how many high-tech workers can the United States absorb annually without driving up unemployment and driving down wages? The Senate demonstrated its concern about the number of unskilled workers it would allow into our country; it should show the same concern for skilled employees."




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  • Sanada Yukimura and Date


  • JunRN
    09-12 10:05 PM
    REALITY CHECK:

    Here's the roll-call for CIR 2007 cloture vote (Yes to pass).

    Grouped By Vote Position YEAs ---46 (D - 35, R - 11)

    Akaka (D-HI)
    Bennett (R-UT)
    Biden (D-DE)
    Boxer (D-CA)
    Cantwell (D-WA)
    Cardin (D-MD)
    Carper (D-DE)
    Casey (D-PA)
    Clinton (D-NY)
    Conrad (D-ND)
    Craig (R-ID)
    Dodd (D-CT)
    Durbin (D-IL)
    Feingold (D-WI)
    Feinstein (D-CA)
    Graham (R-SC)
    Gregg (R-NH)
    Hagel (R-NE)
    Inouye (D-HI)
    Kennedy (D-MA)
    Kerry (D-MA)
    Klobuchar (D-MN)
    Kohl (D-WI)
    Kyl (R-AZ)
    Lautenberg (D-NJ)
    Leahy (D-VT)
    Levin (D-MI)
    Lieberman (ID-CT)
    Lincoln (D-AR)
    Lott (R-MS)
    Lugar (R-IN)
    Martinez (R-FL)
    McCain (R-AZ)
    Menendez (D-NJ)
    Mikulski (D-MD)
    Murray (D-WA)
    Nelson (D-FL)
    Obama (D-IL)
    Reed (D-RI)
    Reid (D-NV)
    Salazar (D-CO)
    Schumer (D-NY)
    Snowe (R-ME)
    Specter (R-PA)
    Whitehouse (D-RI)
    Wyden (D-OR)

    NAYs ---53 (D =15, R = 38)

    Alexander (R-TN)
    Allard (R-CO)
    Barrasso (R-WY)
    Baucus (D-MT)
    Bayh (D-IN)
    Bingaman (D-NM)
    Bond (R-MO)
    Brown (D-OH)
    Brownback (R-KS)
    Bunning (R-KY)
    Burr (R-NC)
    Byrd (D-WV)
    Chambliss (R-GA)
    Coburn (R-OK)
    Cochran (R-MS)
    Coleman (R-MN)
    Collins (R-ME)
    Corker (R-TN)
    Cornyn (R-TX)
    Crapo (R-ID)
    DeMint (R-SC)
    Dole (R-NC)
    Domenici (R-NM)
    Dorgan (D-ND)
    Ensign (R-NV)
    Enzi (R-WY)
    Grassley (R-IA)
    Harkin (D-IA)
    Hatch (R-UT)
    Hutchison (R-TX)
    Inhofe (R-OK)
    Isakson (R-GA)
    Landrieu (D-LA)
    McCaskill (D-MO)
    McConnell (R-KY)
    Murkowski (R-AK)
    Nelson (D-NE)
    Pryor (D-AR)
    Roberts (R-KS)
    Rockefeller (D-WV)
    Sanders (I-VT)
    Sessions (R-AL)
    Shelby (R-AL)
    Smith (R-OR)
    Stabenow (D-MI)
    Stevens (R-AK)
    Sununu (R-NH)
    Tester (D-MT)
    Thune (R-SD)
    Vitter (R-LA)
    Voinovich (R-OH)
    Warner (R-VA)
    Webb (D-VA)

    Not Voting - 1



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  • pitha
    05-31 10:42 AM
    This is a slippery slope,

    "would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience"

    the keyword is "certain", in skil that "certain" meany MS or PHD, what does this certain mean, it all depends on the definition of certain, it would be nice if the use the same definition of skil (masters and phd)


    would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience




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  • baburob2
    06-14 02:39 AM
    thanks a bunch IV.



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  • Sengoku Basara: Date Masamune


  • nlssubbu
    08-01 08:03 PM
    Berry, Appleman & Leiden LLP is very good firm. I have very good experience with them. They completed all my paper work on Jun 30, so that they can file by July 2. Also the attorney and the para-legal were really good and replied to my questions patiently. The website is http://www.usabal.com/


    Karthik

    During my GC process, they took good care of many issues and they are prompt in responding your questions, concerns. I strongly recommend www.usabal.com.

    Thanks




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  • xlr8r
    06-26 01:15 PM
    Look no further, CIR is back.

    http://www.miamiherald.com/509/story/151845.html



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  • vishwak
    10-15 08:51 AM
    Did any one recently applied for PIO Card in Washington DC, If can you please list documents you sent out to Embassy. I have to apply for my son.




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  • I Protagonisti sono Date


  • ilikekilo
    02-26 09:51 AM
    with the help of MA volunteers, was able to collect 27 more letters.
    Mailed to the president today, and will be mailing IV soon.

    GO IV GO.
    TOGEHTER WE CAN.

    I mailed 2 letters and somehow I dont see my name, i just want to make sure IV got my letters from Ohio



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  • rajuseattle
    03-25 09:50 PM
    Porting process is a legit process and for well qualified EB-3 india folks thats the only ray of Hope.

    You can rant about it but noone going to stop the porting process becaue the folks who initially filed under EB-3 are now eligible to get Job promotions , new roles and responsibilities in their Career and in some cases new Sr. Job positions which are qualified EB-2. By the way they do file new PERM labor and new I-140, it is not a automatic qualification just based on number of years waiting in the endless EB-3 india queue.

    Under the current circumstances where EB-3 india doesnt get any spillover numbers or any such relief like VISA recapture bill, do you expect them to go behind the lines with new EB-2 PD? What about the wait period in the backlog centres, in the PERM process and for few I140 stage waiting period? Its the law and people are following it. You can try porting to EB1 if you are qualified enough and port your EB-2 PD to EB-1.

    Just because you are qualified initially for EB-2 doesnt mean others are inferior and they are not eligible to port to EB-2.




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  • LCtank
    09-20 02:02 PM
    I work for a big company in the SV and I know at least 100+ Indians and Chinese there, but when I showed up in the San Jose rally I didn't see any of them.

    Yeah Macaca
    That hurts to see so many people using IV for tracking receipts on the day of the rally but not participating in the struggle IV is putting up just for them!!
    But know what I think as members we have really considered all of them as one..! I mean.. we should have given special attention to DC and the neighbouring states to fetch in max people.. 'coz we can depend on them for proximity..! we have majorly focussed on getting people from various states..well that again paid off .. 'coz news articles particularly mentioned people flew in from states as far as CA etc..

    We cannot consider a person from texas or seattle to be the same as one in DC / VA .. Its definitely hard to convince to attend a rally .. how can we convince to take a day/2 off and travel leaving family and rest !!
    Its sounds good and practical for some but many others will not concur!
    I think we learn from our doings...! we should next time try and rope in as many locals as possible than depend on people coming from afar!



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  • H4_losing_hope
    02-12 06:44 PM
    please could you top mine off when you have chance so I still feel like I am competing with these long distance runners hehe. Thanks :)




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  • gauravster
    02-25 09:42 AM
    Reading through this, this only says that the status cannot be changed (to a PR). It does not say that the prefiling of of AOS application cannot be done.

    I think we should definitely try to work towards this. There was also an article on Immigration daily (http://www.ilw.com/articles/2009,0225-endelman.shtm) which suggests pre filing as a administrative fix that will solve a lot of problems. It argues that "there is nothing in the INA that compels a particular definition or understanding of what "immediate availability" means."

    I am definitely in for such a initiative.

    Incorrect! Please read again.

    Section 1255. Adjustment of status of nonimmigrant to that of
    person admitted for permanent residence

    (a) Status as person admitted for permanent residence on application and
    eligibility for immigrant visa

    The status of an alien who was inspected and admitted or paroled
    into the United States or the status of any other alien having an
    approved petition for classification under subparagraph (A)(iii),
    (A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or \1\
    may be adjusted by the Attorney General, in his discretion and under
    such regulations as he may prescribe, to that of an alien lawfully
    admitted for permanent residence if (1) the alien makes an application
    for such adjustment, (2) the alien is eligible to receive an immigrant
    visa and is admissible to the United States for permanent residence, and
    (3) an immigrant visa is immediately available to him at the time his
    application is filed.

    This means that visa number must be available at the time of filing I-485.



    Well, Read again. I hope it answers your question.

    Here is the test from newsletter
    What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
    -----------------------------------------

    Have a good day!



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  • chanduv23
    09-19 05:23 PM
    Logiclife - Me and my Attorney - had some email exchanges about all this stuff and she compliments all that IV has done and says we must educate people about advocacy

    Maybe we should start with organizing some small events/seminars to spread awareness on what can be done and how important advocacy is, most people think that it does not make a difference. We could rope in local organizations

    Prashanthi Reddy, Esq.
    Law Offices of Prashanthi Reddy, PLLC


    I personally got burned out trying to explain all this several times to people only to get trashed at and get strange looks back and get ignored




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  • kshitijnt
    06-11 05:23 PM
    The frustration of EB3 folks is very visible and I might get a bad rap for my post. But I wanted to share a few thoughts , if you will:

    I fully sympathize with EB3I folks. Of all, you have been waiting longest. But were you really expecting a miracle in this Visa bulletin? Or are you more upset now that EB2 has moved forward significantly and EB3 has not? This is not a criticism , just a question.

    Secondly, given the reality, I would say with lobbying etc, let me advise you that you ask your employer to start processing EB2 application for you and then use PD porting. With number of years you have spent in current job, I would advise you try and impress on your employer to do this urgently. If this does not work out, I would say you can look for another job. (This would apply to those who are in permanent job and not paying out of their pocket for GC). I mean with so many years in the same job, you definitely qualify for promotion. If I were you, I would not take the corporate BS.

    It is also a matter of numbers. If you are the only EB3 person from your company then you are probably screwed, but if you have a few employees, then you network with them informally and then press as a "group" on your employer.

    I have always been a supporter of EB3 to EB2 porting and even when I was not current, I did not oppose it. While there are other avenues such as lobbying, lawsuits etc, it takes a lot of work and at the end of the day benefits are not really tangible. I would suggest you guys make full use of the door that is open, EB3-> Eb2 porting. It is in your hands to get this done.




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  • ashutrip
    06-14 08:56 AM
    can somebody please tell me how long does it take to labor clear under PERM...Mine was applied on March 21st 2007?
    & where can I Find A Sample of Non-Availibility of Birth certficate from the Muncipality




    nc14
    02-12 11:30 AM
    Very well said IV and I can tell you that you may very well be right when you say that 90% of people trust you guys. I am proud to be supporting an organization like IV and will continue to do so till we get success. It is not easy now and it was not meant to be easy but hey we will get there. We will get there together.

    God bless IV and its agenda.




    pns27
    07-17 08:10 PM
    Anyone in this situation would have expressed frusturation. He did this in BEC forum. I don't see a reason to ban him. Please....
    Aman/Ashish if you can jump in and unban him.

    I second, remove the ban



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