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  • vbkris77
    04-06 09:39 PM
    Look below the URL. If they are doing it. It is legal. But If some one is denied entry, they can also challenge the decision. Consultants especially will need to use proper/legal answers.

    http://www.golishlaw.com/statutes/ina212.htm

    (5) Labor certification and qualifications for certain immigrants.-

    (A) Labor certification.-

    (i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

    (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

    (II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

    (ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

    (I) is a member of the teaching profession, or

    (II) has exceptional ability in the sciences or the arts.





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  • chanduv23
    09-12 11:08 AM
    http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070911_591357.htm?chan=top+news_top+news+index _businessweek+exclusives

    Everyone must come to the rally





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  • ajthakur
    07-14 07:18 PM
    Why does the attorney have to be very competent if its a simple AC 21 case? I know people have applied for AC21 on their own. Will an attorney do something different? He will also send the same set of dcouments that I will? Pleaes help me here. I am not sure whether I should spend thousands of dollars on an attorney for something I could have done myself.

    ajthakur,
    Bottomline you need a competent attorney for answering this RFE and invoking AC-21.





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  • vgayalu
    07-25 12:12 PM
    Dear Friends,
    What is availability means available for persons applied before cut of dates? or not at all available like present Eb2.
    A Person can apply only when visa's are available. For example right now there are no Visas for EB2. So no one can apply for I 485 under EB2 category. But when visas are available like EB3 why do not we apply. Cut off dates are USCIS created ones for their work conveninece by allowing few applicants . It is not law. There is no such hard and fast law stating that the applicants having priority dates before cut off dates can only apply for I 485. Just USCIS can issue a Circular to allow I 485 against to visa dates.
    If it is really a law then they should say aome thing about the method of calculating cut off dates.

    Why do not we write atleast a letter to allow to apply I 485 when visas are avaible by ignoring USCIS defined cut off dates.
    Please discuss with senior attorneys and DHS and DGS officials.

    With regards,
    vgayalu



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  • cshen
    06-12 06:28 AM
    We are not out of the CIR woods yet.

    Link:

    http://news.yahoo.com/s/ap/20070612/ap_on_go_pr_wh/bush_immigration





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  • bharol
    07-28 01:16 PM
    can the person who started the thread tell me how is this issue related to Green card backlog or any other immigration related issue?
    :mad:



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  • mps
    02-13 01:30 PM
    "ash123" - you need to correct your post for such a absurd choice of words ! :confused:

    Just do some research on phrase "ethnic cleansing." :confused:





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  • kavita
    12-11 04:02 PM
    Kumar,
    I am sorry if my choice of words hurt you in any way.
    I am a physician and I know there is shortage of physicians in US. At my place, we are looking for new candidates all the time. I am sure my employer realises the importance of a number of Indian physicians who have filled their advertised positions time and again, thanks to education system in India and a population big enough to be able to send some to US.
    It will be different if US lawmakers start to blame Indian or China for huge populations, and I doubt they will ever do. If they do, only then I will think of going back. Just because they bailed out bank or now automakers, does not mean that what is going on with legal immigrants is justified.
    I feel the major philosophy of immigration voice is to remove discrimination based on country of origin. So lets stick to that and try to make our case to the lawmakers.


    Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!

    The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.

    Please attack my thought, do not attack me or my self esteem!



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  • feedfront
    10-04 04:05 PM
    onemorecame.. did you send your RFE? Can you track the response time of RFE?





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  • .soulty
    02-13 08:16 PM
    think of the first matrix scene with neo in the underground train station, columns, seats, phone booth... dirt and aging on the walls, floating pieces of paper and rubbish on the ground, insects... its about making a mood, a scene.. use your imagination.



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  • BharatPremi
    09-26 10:22 AM
    Dear Editor and Eilene Zimmerman,

    I am very sad to inform you that this article is completely misleading readers about the rally organized by legal immigrants (Employment Based immigration catgory) .

    Article tells 'Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.'

    But in reality this march /rally was organized to protest Burocratic delays enforced by USCIS on applicants of Permanent residency who are suffering long delays since years. These legal immigrants, following every law and process dot able to see their Green Cards even after waiting 4 to 6 years, with some of them having rotted in queue since last 8 to 9 yeras.

    I would request writer and you to have more information about the rally from the rally organizers (http://immigrationvoice.org) and publicly accept this arror and implement correction.

    Thanks.

    - XXXX





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  • GCStatus
    09-18 12:01 AM
    You cornered me? On what basis? You throw insult and that is your definition for cornered? Is there any logical argument that prove that I am wrong and you are right? Grow up and don't poison this thread with your pointless insults

    Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.



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  • softcrowd
    03-19 11:16 AM
    85,000 PERM cases certified in 2007. 2007 is a typical heavy filing year still...
    One year 140,000 EB based visas available. If some how some of the back logs are eliminated, the future looks good as 140K for a year and less than 100K labor certifications per year. If the USCIS process with maximum visa/year, it is possible.

    http://www.usavisanow.com/perm07.pdf

    see a chart
    http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg&gid=1

    You can not just equate the number of certified labors to the Visa numbers as the former one does not include dependents in it.





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  • sameer2730
    11-25 08:51 AM
    wow..this thread is putting more valuable insights..thanks to all of you who are sharing this information..

    Yes..I understand about ROI and all..thats why I want to do online..no way I could do fulltime.

    But my biggest challenge is dedicating time..As of now, by the time we finish our dinner and put kids to sleep, it will be anywhere between 8:30PM to 9:00PM..(Sometimes my 3.5 year old son wakes up and tells me that he wants to become Spider Man..so those days will take us into 10PM range)

    Now by the time, kids go to bed, I am totally exhausted and I have to keep in mind the work pressure (sometimes I may have to work late)..so I am little bit confused on how to balance.

    But I certainly want to do MBA, because I want to have an MBA degree, I believe it will help me grow to next level in my job and may be help me get a better job or If I move to India then I hope an American MBA from a reputed university will fetch me a mid/senior level position (I am tired of being a tech lead/senior developer in US where all of my Juniors who joined my team as ELTP when I was project lead in India have become Deliver managers etc..dont mean to take their credit away..but staying on H1B here as put a roadblock on my career..not eveyr h1b gets an opportunity to grow..tell me about it)

    so, coming back, so far, I heard from Phani about KD and It looks like a good place for Online..

    The other one I was thinking about is WP Carey from Arizona state..it is also considered good..I am in FLorida and Warrington college is ranked higher but I heard being a southern college, not many recognize this one.


    Also, what about PennState World Campus or Univ. of Massachusets at Lowell/Amherst.
    I am just finishing up with my masters in a STEM discipline. I have two kids of my own and my wife works full time. One child is 1 year old. Believe me it just works out fine. But you will not have a "life" for the next two years, so get used to it. Weekends will be just work for two years. You will absolutely need to have your wifes support. But in the end it is very satisfying. And while you may not realize it , it sets a a great example for your child, who thinks studying is cool coz dad does it.



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  • tooclose
    07-13 10:54 AM
    Mar 1 2006 - Mar 7 2006 --> will be processed when cutoff date is Mar 08 2006.

    Well its a no-brainer that Mar 1-7 would be processed if Mar 8 is the cut off date. It makes me think twice when they have the clause about Mar 1 - 7 if 1st is the cut-off date.

    We will get to know early next month. Good luck to all !!!





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  • nomi
    12-12 04:57 PM
    All of the documents in this link are written by
    "Micheal Aytes /s/,
    Acting Associate Director, Domestic Operations
    U.S. of Citizenship and Immigration Services
    Department of Homeland Security"

    I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.

    Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?



    12/11/2006: USCIS Considers Termination of Concurrent Filing (140/485)

    According to the USCIS rule-making agenda, the USCIS is to propose to terminate current concurrent I-140 and I-485 filing. The proposed rule is scheduled to be published in March 2007 with 60-day comment period. It is thus not imminent, but in the later part of next year(Oops!), the immigrant community may see a totally different filing procedure including electronic registration and filing just like current PERM labor certificaiton application procedure. Once the concurrent filing is terminated, the immigrants may experience a terrible pain as related to maintenance of nonimmigrant status pending I-140 petition, eligibility for 245K benefit, plus unavailability of EAD and AP pending I-140 petition, AC-21 180-day portability, etc. etc. Should the I-140 petition processing be dragged, the pain will be extremely unbearable

    http://www.immigration-law.com/



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  • psaxena
    05-26 07:10 PM
    I lost you there. Being silent and possibly getting arrested is protesting in a legal manner ? Why would you do that ? There are numerous other means of doing it.


    Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.



    Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.

    I am not sure if they asking me to step out for further questioning or even taking me to a police station would be consiered an arrest. i mean i don't think the event will be recordded in my history/profile in such a way that anyone reviewing my history will say "eb3_sep04 was arrested in NH in May 2009 for ....". I think detention is not same as arrrest, i view detention is something like cops requiring anyone wait reseonably longer (> an hour or so). they wouldn't handcuff me for not saying a word. Again these are just my thoughts, i am not an expert on those jargens.

    I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
    Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
    "I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..

    I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
    So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
    Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
    Well I am gonna get more reds.. but I dun care.





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  • reddog
    06-30 09:15 PM
    Never ever throw negative vibes, the universe is listening.
    We will be able to file our Apps. Believe it.... just believe.





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  • saileshdude
    09-14 03:27 PM
    Hi Abd,

    Can you send me the EVL format that you will prepate to respond to this RFE. You can take out all your personal info but leave the other wording intact. That would really help. You can send it to me via PM if you would like.

    Thanks.


    Here is detail. i changed job based on AC21 portability. Did not file papers.

    Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.

    A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.

    Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.

    Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.

    Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
    The application for adjustment has been pending for more thna 180 days and
    the new permanent position is in same or similar occupational classification as original employment.

    If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.




    :) Working with attorneys to get the papers ready....





    BharatPremi
    03-17 01:35 PM
    As i said, eb3 to eb2 porting is not easy....Unless, there is very strong case, like applicant having US Masters degree but employer filed in EB3 for reasons they only know....

    Read this story...

    http://immigrationvoice.org/forum/showthread.php?t=13810

    What are you talking about? I have seen people granted H1 and GC (Under EB2) not even with graduate degree.. It is all paperwork game.





    amitjoey
    07-05 12:50 PM
    Fellow IV fighters, members. I know, it seems like there is always a target for funds and we dont achieve it. Well! that is not true, we set a new target when the first one is achieved.
    Funds, There are more ideas than funds. For every new campaign, plan, we need funds. So it is an ever needed commodity. The reason so many of us are so very aggresive is that we just need more funds, plain and simple.
    Inspite of several hundreds contributing, it is not enough. But we will soon reach a day when we would be okay, (given a lot of us/you, sign up for a recurring contribution).
    Trusting IV with funds is a major stumbling block, but remember IV is a non-profit, so every "naya-paisa" (penny) is accounted for.
    People handling money (core IV) are sincere, honest hardworking people on work-visas, they have much to lose from not being accountable.
    And the most important thing is, please take a look at these hard-working IV CORE PEOPLE, please. Some of them have put thousands of dollars (I mean 5 and ten thousand) into this effort. I am not counting personal expenses, travelling to DC, lost work hours etc.
    So your $100 at the bowling arena wont get you much farther, but contribute it to IV to get your way ahead paved and bull-dozed over.



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