Monday, July 25, 2011

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  • gc_in_30_yrs
    08-22 09:51 AM
    I am not able to find the form needs to be submitted for this purpose. Is there any format that I can type and submit them?

    I found that I need to send my request to the following address :

    United States Citizenship and Immigration Services
    --------------------------------------------------
    Magda S. Ortiz, Director
    FOIA/PA Program
    111 Massachusetts Avenue, N.W., 4th Floor
    ULLICO Buiding
    Washington, D.C. 20529
    telephone number: (202) 272-8269
    fax number: (202) 272-8331

    Thanks in advance.





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  • Hassan11
    02-09 03:35 PM
    Yes the initial reason for denial is bogus, but they may still deny it because of "too restrictive requirements"[/QUOTE]

    What do you mean by "too restrictive requirements"?? so do you think I will be better off finding another job with a different company so I can apply for a new PERM (EB2) or just wait for the appeal that is now over 6 months??

    Also, I know that the reviewing officer is supposed to review my appeal request and send a copy to the appeal board so they can make a decision but he/she has not done that because I convinced the HR in my company to call the board of appeal and they said they haven't received my appeal request from the reviewing officer ( he was supposed to send it within 30 days). he has had my appeal request for over 6 months. I am not sure what to do at this stage. I feel like I am stuck.





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  • siravi
    10-13 10:12 AM
    I was glad I made it even if I was late. The local chapter is no more nebulous entity in my mind. Good to see you all.

    PS: My only gripe: laborchic turned out to far from a "chic". What a letdown ;-)

    Well - now I understand why you were there :)

    Helllooooo!
    Jokes aside, I agree, it was a good meet.
    As I said earlier, it was encouraging to see interested, motivated folks join the party. I enjoyed meeting with all, and was good to have some honest exchange about IV related questions, clarification of its goals, etc. Nice!
    Glad you joined the fun, frankie. Hey, labochic! that was some speech--do you have a copy? :D





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  • swaroopmukka
    07-18 10:47 AM
    Hello,

    I have a similar situation, but different factors. My labor has been approved May 2007 and I can apply for my 140 and 485 together and I'll do it now well before Aug 16. I'm getting married and my wife would be here by September or October. She'll be on H4. I won't be applying for my EAD if she decides to be on H4. If the dates go back to say 2005, I will need to wait for my priority date of May 2007 to come CURRENT again and then only do her AOS (I'm assuming until then even my 485 won't be touched by USCIS). Once my date becomes current and my application starts processing, I'll add her immediately.

    Now the only thing I'd be missing in such a case would be applying for my EAD anytime soon. If she decides to apply for H1B next year or even go on
    F1, then I can apply my EAD and start using it. I'll be on my EAD and she'll be on H1/F1. When my priority date becomes current (in a few years assuming), then I can add her AOS.

    Please suggest what should I do now ??

    Thanks



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  • GCwaitforever
    10-16 05:05 PM
    Unpaid leave under pregnancy is very much a valid reason to stop working and taking a break. In my company, some H-1B women took maternity leave.

    Even if the act does not apply to your company, your employer can grant the leave at his/her discretion.





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  • xu1
    07-21 01:05 PM
    I first immigrated to Canada, got my citizenship and then came here to the US and am languishing in this stupid GC queue for the past 7 years..

    Inspite of all the freedom to go back to Canada, I would now, rather move back to India than any other place...

    Forget the little hardships in India..what matters is that India's IT economy is booming...booming like probably no where else in the world!

    Why not, go back there, repay the country that gave me all the skills in the first place, and at the same time participate in that booming economy?
    I agree with the sentiment. But the reality is many immigrants who evaluate the canadian option would want the paperwork that you have. Don't indian citizens, like the Chinese, require a visa to visit EU countries, commonwealth countries such as Australia, Fiji, the carribeans, pretty much anywhere in the world? Especially the more entrepreneurial ones amongst us all would want easy access to western markets and eastern talent pools. Sure it's still manageable to foresake what you got here, but I really want easy travel documents and the freedom to choose where I live and work.

    There's no need to discourage people who choose to want to stay in the western hemisphere for a little longer.



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  • terriblething
    06-12 10:38 AM
    Thanks for your advice, buddy.
    My attorney told me that DA offer is not negotiable if just from my attorney side. I knew they have not good relationship, probably they have too much un-happy fight experience before. As before my pre-trial conference, he mentioned she (DA) does not like him. :(
    So that day my attorney give me 2 choice, go Trial or accept offer, I select first one. We already set a trial date at July. We have problem on strategy I think.

    Yesterday, I have conference with my attorney, he told me he could try to get that offer back. I don't know if trial already set, I can still change idea??? My attorney suggest my wife mail that DA directly and tell her the truth and see if that can help reduce or dismiss the charge. Now we prepared on this.

    One more thing, my charge is level 1 misdemeanor, not felony. Is that same excuse for deportation right away? What BIA stands for?

    Thanks!!!!!!

    This is a serious matter. Make sure that you have an attorney that understands both the immigration and criminal consequences of this charge. From your description it sounds like your attorney is just a criminal attorney.

    NEVER NEVER plead guilty to this charge. Force your attorney to meet with the DA and try to get a Pre-trial diversion (in which you do not have to admit your guilt in any fashion, volunteer to do extra community service if the need be). The definition of "Aggravated Felony" is much more stricter than any state's version of Felony. On top of it all in the eyes of BIA judge this is a Domestic Battery (No matter what the state charge indicates), making you deportable right away.

    I don't want to scare you but whatever happens you should not plead guilty to this charge. If nothing works out you are better of taking you chances with the trial (Especially since your wife can back you on your story).

    I hope this helps... Get a competent lawyer who understands the gravity of the situation.





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  • neamoni
    05-21 12:55 PM
    It is at Aug 26th 2007. Try deleting your cookies or use IE.

    Thanks, sunny1000!

    Like I said, I did all that, including deleting cookies, and still nothing.



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  • ak_2006
    04-27 10:28 PM
    Hello Folks

    I just donated 25 USD and didnot become DONOR. Is this system take care automatecilly or Admin has to assign donor status. ?

    Subscription Number: S-39675586V4235911J

    Yes, Admins will send you confirmation and at the same time your status changes to Donar.





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  • desidas
    02-04 05:27 PM
    Logiclife,

    Please review this thread:

    http://immigrationvoice.org/forum/showthread.php?t=17061&page=3

    What are your thoughts now?

    See how this guy is harassed at POE with AP travel.



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  • srt57
    02-08 08:07 PM
    So for a position classifed as a jobzone 4 and an svp between 7 <8, which of the following job requirements would be a better option for EB-2 filing:

    - MS+0 / No BS requirement
    - MS+0 / BS+5

    And by better I mean less chance of an audit or proof of business necessity requirements.





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  • ThinkTwice
    09-21 01:00 AM
    just sit and wait and assume that nothing will happen..? ever wonder what would have happened during the July 2nd Fiasco if we did not stand up and campaign for our cause, you think they would have done any thing? Following your principle of do nothing would have lead us no where during the July Second fiasco. THINK!

    The issue is that there a lot of anti- legal and illegal immigration activists and congress members who will make sure nothing goes thru the senate or the house.



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  • InTheMoment
    07-12 11:08 PM
    Thanks for the info. I have requested my entire A-File on a CD.

    btw after how many days did you get the receipt notice from NRC ?





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  • snathan
    02-15 04:42 PM
    If you really look at who is paying less and misusing the H1-B and L1 to manipulate the job market, its the big offshore companies who bring the less experienced folks from India/China and other asian countries into US. These biggies pay way too less (52 to 57K) to these folks than what the conultants who work for local consulting companies make.

    They apply for 1000's of H1B's and L1's showing the positions in US but 60% of the folks works back in their offshore centers in China or India with H1B/L1 stamped on their passport. Question is, if they applied for H1B / L1 based on an existing position in US and gets approved, why is that folks are still working in India or China center? Doesn't that mean they faked the position?

    When we consolidated the vendors and excluded all the local consulting companies to include only two of the big offshore companies, we have seen their consultants brought onsite leaving them after few months at our group to join local consulting companies for better pay.

    To me, they manipulate the job market displace americans much more than the local consulting companies.

    I truely hope CIS look deep into these manipulations and frauds as well.

    I know companies paying only 33K per year in L1.



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  • RDB
    08-03 07:13 PM
    I don't think there is any way of knowing if your case is pre-adjudicated. The only way you will come to know is if you receive an RFE or an interview appointment.



    Hi Friends, any comments on this ?





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  • LostInGCProcess
    11-18 11:10 AM
    I wasn't moral policing, I was just laying out the legal stand that anybody can have under these circumstances. I am sure that the so called "Desi shop owner" is not so dumb to so flagrantly violate the law when his employee is going by the book, unless the employee is seriously gullible.

    I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.

    sc3, your argument is totally wrong. The employer has violated the H1B rules and most of the employees who come from India for the first time may not know that its illegal to foot the charge for H1b.
    Its like telling a woman not to complain to the authorities about the abusive husband, if the husband beats her up, stating that she know it was wrong and so she is party to the wrong doing. Common man!!!
    If you are stuck and are exploited, there are protections in Law that would not come after you. There are immunities that apply.

    H1B guy, the best course of action for you, in my opinion:
    1) consult an attorney.
    2) gather as much evidence as possible related to the charging for H1B.
    3) find another project.
    4) Try to record the conversation between you and your employer. Most state allow to one party consent except California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

    You don't have to be afraid of a company that is doing business unethically.
    Good Luck!!!



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  • styrum
    02-07 01:55 PM
    Can somebody clarify what it means that "salary is large enough" for EB2?
    If a PWD was obtained from the state "workforce agency" and it has some number there, the job order has been placed with that number, can DOL and/or CIS later on (while processing PERM and/or I140) still say that the salary is "not good enough for EB2"? Based on which considerations and how are we and the employer supposed to know them beforehand then?





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  • kittu1991
    08-26 05:39 PM
    [/B]

    It may sound crazy, 2nd biometrics may not be good sign when dates are current. I had my 2nd FP in June09. I spoke with IO out of curiousity to know of any update- more so to know whether my case is pre-adjudicated (as there was lot of roar on recent preadjudication). IO told me my 'NC is pending'. I told her that around this time, last year, I was repeated told on infopass and on phone that my NC/BC etc is cleared and case waiting for Visa#. She that that is true but 2ND FP TRIGGERs NC and unless they get clearance they have to wait for 180 days before my case is ready for adjudication.

    Is that how it works? I was under the impression if the name check is cleared once (or rotten after 6 months) we are good. Hoping that IO gave you a wrong information.

    Anybody know more about this. :confused:





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  • darslee
    07-10 12:02 PM
    If Martin Luther King Jr. can use the views of Gandhi successfully, why bother what we learnt in School?

    Has anyone seen the statue of Mahatma Gandhi at the MLK memorial at Atlanta as well as a whole section devoted to Gandhi in the museum.

    Huh? I was trying to convey that Gandhi's philosophy of passive resistance was so awesome that it had a strong impact on even a "little" person like me, growing up in Apartheid South Africa. And frankly, nations are made up of more "little" people than heroes ;)





    chanduv23
    11-08 03:28 PM
    I just tried this now at my workplace

    Sent an email to all the employees saying "Happy Diwali" and I got quick responses from the top brass (VPs )

    I will raise an India Pale Ale in honor of Diwali tomorrow eve.

    De** **ss| VP Advertising Sales

    And a Happy Diwali to you too.

    J**** S****|VP Legal


    This shows "how we are all melting" thanks to all the awareness. Feels so good about living in a cosmopolitan society





    gcformeornot
    02-15 11:00 AM
    I really wish all the desi companies,who get people from India,and put them on bench to find a project ,be banned. They screwed H1B, and in turn all the deserving H1B candidates.

    here also they process so many H1s..... for various many people.... skills/no skills... keep them on bench.... inflate resumes....



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