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  • romysree
    08-14 02:31 PM
    Hi,

    After i received my EAD i changed my employer. Now i am thinking about representing myself instead of my previous attorney. Could you please suggest the forms/procedures to do the same?

    Romy





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  • sroyc
    09-24 02:06 PM
    Read any visa bulletin. It's in there.

    SROYC,

    Can you give me USCIS or any other authentic Doc/link which states ICMP share is 7% of 28.6% ? In years I have not found such doc. Therefore, assuming USCIS works fairly :D I had to divide 28.6% by 5 - equal share for each country within particular category.

    Yes, there are many other factors we will have to factor in like incoming flow of applications, swith over count, spillover at the end of the year.





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  • soma
    02-14 03:34 PM
    If lawsuit/court cannot make USCIS use the numbers, how can USCIS admin fix do this?.. I am not fighting here (I sent my letters already!!!)...this just came to my mind...

    same thing crossed my mind too...then how does the letter campaign help(I sent my letters too)!!





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  • PlainSpeak
    01-13 03:12 PM
    I think IV should get a new law introduced which changes the surplus visa trickle down policy so that equal number or visas gets distributed between EB3 & EB2. This law will have maximum possibility of getting passed.
    Nuke buddy are you off your rocker. These guys will kill you for even suggesting it. I myselft have taken all kinds of abuses from everyone here and i myself had the presence of mind to not go there. Leave it . That law is the law. Of course it did hurt EB3 but what it did is take the unfair benefit that EB3 was getting because of wrong interpetation of the law. No all that is water under the bridge.



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  • ganguteli
    04-02 12:08 PM
    Why I don't like Congress..



    There is no use of good academic record if you are a shameless chaprasi.

    What do you have to say about all well educated and intelligent bureaucrat IAS, IPS etc..





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  • mihird
    10-09 03:56 PM
    There is the freedom to change jobs and apply for a new TN each time. There is no 6 year or any sort of time cap - TN can be renewed indefinitely..a TN only costs $50 to renew for each year and can be filed without an attorney by mail. No need to physcially go anywhere.

    Drawbacks.
    1. Spouses/Dependents get TD which is as restrictive as H4
    2. There is a fixed list of professions and minimum education qualifications that you/your intended employment HAVE to satisfy to qualify for a TN. Experience cannot be used to substitute lack of education..

    Hope that was informative...



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  • srkamath
    07-25 09:46 PM
    It is really simple.....

    Vertical Spillover

    EB2 (IN) ~ 12000 / year
    EB3 (IN) ~ 18000 / year

    Horizontal Spillover

    EB2 (IN) > 18000 / year
    EB3 (IN) < 12000 / year

    On another note.

    There is possibly an ongoing effort by some powerful people to compel "attrition by frustration" among all prospective immigrants. This Xenophobic philosophy will last till Jan2009, it will then subside.

    It is just like high oil prices - make hay while........

    Have faith in America, history shows it rights itself sooner rather than later.





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  • samay
    08-03 07:21 PM
    Hi Samay,

    We would really appreciate if you could provide your inputs on our case.

    My wife came to usa on H4, and transferred to H1 in 2006 to work for a desi consultancy.

    Recently she took a full-time position with a fortune 500 company. Her H1 transferred to new company without any problem.

    We would like to appear for her first time H1b stamping at Vancouver during next month. We have some concerns regarding the following issues. Any inputs are highly appreciated.

    She graduated in India and worked for an IT company in India for 2.5 years before coming to USA. Can she appear for visa interview in canada, though she does not have degree from USA.

    Her H1 started on Oct 1st,2006. But she did not find a job until Mid November during the first year. Her employer is not willing to put the start date on work experience letter as Oct 1st, rather on both offer letter and work experience letter the start date has been mentioned as Mid Nov. Will this discrepancy in H1b start date and offer letter start date would be a problem during stamping?

    She has some intermittent large gap in work experience due to the pregnancy. Thus, she has significantly smaller wages (50% less)on w-2 compared to offer letter during second year. But the work experience from previous letter does not state any gaps in work experience. Will the VO would ask for any additional details regarding the wage difference.

    Also, there is a gap of 15 days between the last date on previous employers work experiene and new job start date, and the same can be found from the letters from different employers.

    After she changed to full-time, she has all the required docuemntation for H1B stamping.

    We would like to know the severities of these concerns and suggestions to overcome the same.

    I have a few questions:

    Was she working part time during her pregnancy if so was an amended H1 B application filed for her. Also were the wages she was paid less than what were mention on her LCA.



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  • H1BinNY
    07-03 07:00 PM
    I digged all the comments but looks like someone is trying to bury them again and again...

    Probably someone from USCIS





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  • unitednations
    02-13 03:00 PM
    Whether overflow happens vertically or horzontaly is subject to interpretation and we cannot really say if EB3 ROW is getting any undue advantage.....
    That matter can be litigated.....


    You guys still think it is horizontal. This has been discussed so many times with reference to the law; the note in november 2005 visa bulletin; another lawyer who received statistics in chinees overall approvals for 2006 which were going to be close to 7% and you guys still believe this is a gray area.

    the november 2005 visa bulletin made it black and white. It is no gray any longer. AC21 didn't do anything to change to horizontal; only spillover is allowed in quarter not annual.

    Hard to understand why people think it is still gray.



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  • garybanz
    02-15 10:32 AM
    Cyrus Mehta would be a very good attorney to consult on this matter, check out http://www.cyrusmehta.com/ for his details.

    I had contacted him earlier about the possibility of a class action against per country limits, he gave me a free consultation and basically told me why i did not have a case.





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  • Googler
    02-16 04:24 PM
    Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.

    When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.

    Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.

    The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.

    And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
    http://immigration-information.com/forums/showthread.php?t=4285
    "Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    In April, India and China EB2 will be set at 12/01/2003
    EB3 for India and China will slow down for the rest of the fiscal year."

    I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.



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  • viva
    01-28 01:57 PM
    I think my previous question asking the poster of the question to contribute was deleted by the moderator.

    It is a valid request to ask the poster of the question to contribute. If the person is coming on this site hoping to get a benefit from the members, then they must be willing to help out the organization too. I believe in the saying ," You scratch my back, I scratch yours."

    There is no force involved here; it is just persuasion in the right direction. We will never reach our contribution goals if all people continue to get answers without contributing to the organization in return.

    Core team- We should display a pop-ad for any new member signing up to IV asking them if they want to contribute. We need to get aggressive. This is no time to be passive.





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  • sobyb
    05-01 04:04 PM
    Hi Keeme,

    My post was not about double standards BUT about opposing terrorism, it doesn't matter if its LTTE, KHALISTAN, TALIBAN or any other organisation which terrorises the society. These terrorists outfits should be handled beyond any religious, linguistic or any other consideration.
    Regarding support for common man/community, we should oppose any human rights violation against any individual/community, there shouldn't be any double standards BUT at the same time action against terrorist outfits should not be compromised.



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  • dilber
    07-15 07:25 PM
    For first quarter EB2 India will have 1/4 of 9,800(7% of 140k visas), which are 2,450 visas. I wonder
    how u got 800 visas. I dont see much retrogression in EB2 dates other than some mild ones. And the dates move pretty fast on a whole.
    About EB3: it wont be like now all the time. The Immigration reform bill wont keep failing all the time. There would be a time for it to pass in the next two years. As soon as it passes all our Employment Based categories, specifically EB3, will get greatest benefit with PDs almost becoming current.

    Vdlrao:
    First of let me congratulate you. You have been amazingly accurate time and time again about the movement. Do you have some internal sources:rolleyes:
    Jokes aside I think you miss calculated the 2450 visas for the first quarter for the EB2 India. I think the 7% country limit is on a state as a whole including EB1, EB2, EB3, and others. So going by this India gets 9800 visas for a year without any spillovers. The spillovers happen in the final quarter only so for each of the first 3 quarters EB2 will get 28 percent of one fourth of 9800 and the same amount will go to EB1 and EB3 as well. so EB2 I gets 686 visas. But I agree with you that in the last quarter EB2 I will move very fast because it will get all the spillovers from EB1 and EB2 ROW..





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  • she81
    02-13 02:54 PM
    I'm all in for it if we decide to pursue something like that. If other (smaller) categories can do it, EB has a huge following. Remember, many sufferers came forth to volunteer in last July's AILA lawsuit that never materialized. I don't think we'll have a problem gathering suffering souls for this cause.



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  • hiralal
    05-29 10:41 PM
    as always we need to highlight the benefits of Legal immigrants ... how do we do that in the present scenario ..once we answer that ..we can build a campaign on that ..DOES ANYONE have a answer ?
    -----------
    my answer ... show that we (legal immigrants) are unable to buy a house because of GC delays ..we can have something as simple as sitting in our homes, calling the local realtors , show interest in buying a house (or another house if you are already a home owner) ..then back off after few days saying that GC delay is preventing you from going ahead. who knows we may soon have lawrence yun lobbying for faster immi !!
    look at plus side ..at the very least ..u will be able to walk around with a pretty realtor !!
    ------------ anyone has a better campaign ..do reply





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  • peer123
    02-04 08:36 AM
    :(

    http://www.murthy.com/nflash/nf_020207.html





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  • STAmisha
    10-03 10:28 PM
    1. You need to submit original transcripts and notarised copies of degree certs

    2. I requseted my current employer to give it. I quoted that I need them for applying to university

    3. I did my pictures from wolf camera. I took the photo instructions to them. They made exactly like that.

    I just got my PR approved and I got my passports back with visas.





    gopinathan
    07-28 10:59 AM
    Jayleno - me thinking sane is the reason you didn't hear from me in any malls/WM :) but I was a minority in BWW who believes in waiting till you find like minded people who are looking. cold contacting is just going against human instincts. you can't simply talk to a person about something to get his phone number and call them about this business next day. that is a reg flag right there. i couldn't do it and hence not with this business anymore. many of us are not ready to think about making millions in few short years. some people need to understand that you can't rub that idea with force on another human being.

    in BWW terms, i was a quitter who can't take the business to the next level because I was afraid of rejection (getting a NO from prospects)..

    I think you are one of the most sane Amway guy I have heard from. Thanks for all the explanation. Now I know I have a problem with BWW and their approach not Amway. Looks like they are good brainbleachers.





    walking_dude
    02-13 02:11 PM
    Most of these settlement suits were fought by organizations like American Baptist Churches, Catholic Church Services, AILF etc. Meaning, organizations which have a strong steady stream of revenue (unconnected to the lawsuit). Participants didn't have to pay any money out of pocket. And the organizations didn't have to raise money for the lawsuit.

    IVs case will be different

    1) Significant amount of funds will need to be raised. It will hamper other IV activities such as legislative and executive lobbying as contributions will get diverted. It will be hard to raise another 30k to lobby for adding IV provisions to any upcoming bill, if we are already in the middle of a 50k lawsuit.

    2) We need to have a large number of plaintiffs ready to put their names on court papers. These plaintiffs also need to pay money for their participation.


    Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:

    USCIS Settlement Notices and Agreements

    American Baptist Churches v. Thornburgh (ABC) Settlement Agreement

    Barahona-Gomez v Ashcroft

    CSS

    LULAC (Newman)

    Ngwanyia v Gonzalez (Asylee Adjustment Case)

    Notice of Proposed Settlement Agreement and Hearing in Kaplan, Et Al. v. Chertoff, Et Al., Civil Action No. 06-5304 in U.S. District Court for the Eastern District of Pennsylvania

    Notice to Persons Whose Naturalization Applications Were Denied by the Seattle, Spokane or Yakima Immigration Service

    Proyecto San Pablo v INS

    Ramos v Chertoff (02 C 8266, Northern District, Illinois)

    Walters v Reno


    Settlement Agreement Signed! Details available by clicking here. --2/9/05
    IMPLEMENTATION OF NGWANYIA (ASYLEE ADJUSTMENT CASE) SETTLEMENT AGREEMENT Ngwanyia v. Gonzales, No. 02-502 (RHK) (D. Minn).
    If you were granted asylum in the United States and have a pending application for adjustment of status, this settlement applies to you. Please refer to http://www.uscis.gov/files/article/NgwanyiaVGonzales.PDF In recent years immigration law had allowed only 10, 000 asylees per year to adjust their status to Lawful Permanent Residents. Under the settlement agreement, United States Citizenship and Immigration Services (USCIS) will process an additional 31,000 asylee adjustments during the next three years. During fiscal year 2005, ending September 30, 2005, USCIS will process 8,000 of the additional 31,000, bringing the total number adjusted for the year to 18,000. USCIS will process at least 8,000 of the 31,000 during fiscal year 2006, (October 1, 2005 to September 30, 2006) with the remaining additional applications being processed in fiscal year 2007 (October 1, 2006 to September 30, 2007). The settlement also provides that asylees who have a pending application for adjustment of status may renew their employment authorization document (EAD) by requesting a multi-year EAD with a validity of up to five years. The multi-year EAD must be prepaid for the number of years requested. The cost of the multi-year EAD will be less than the cost of annual renewals by at least $20 per year. A requests for a fee waiver, if applicable, may be made pursuant to 8 C.F.R. � 103.7(c) Cost of multi-year EAD: 1 year card - $175.00 2 year card - $330.00 3 year card - $485.00



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