
wandmaker
03-30 02:51 PM
Forum Gurus - I got a denial letter on my 485. I am a July 2007 filer and applied for AOS in July 2007. My 140 was revoked by ex employer in August 2008 and immediately I got a NOID from USCIS and responded to it in a timely manner and my case processing resumed.
But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.
It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.
I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.
Is there anyone else in the same boat? How long does it take for MTR to get processed?
Nothing to panic, browse through chanduv23's posting(s) - you will be back in track in few weeks.
Most recent case is at http://immigrationvoice.org/forum/showthread.php?t=23800&highlight=revoked+denial
But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.
It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.
I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.
Is there anyone else in the same boat? How long does it take for MTR to get processed?
Nothing to panic, browse through chanduv23's posting(s) - you will be back in track in few weeks.
Most recent case is at http://immigrationvoice.org/forum/showthread.php?t=23800&highlight=revoked+denial
wallpaper versos de amor tristes. versos

vikki76
11-04 02:25 PM
leoindiano: if they are saying that numbers are consolidated- then they must be..now just for endless wait..

lazycis
12-04 07:16 PM
I am planing to sue FBI although my case has been just pending for one year. I would like to know if there are any successful cases in Philadelphia region. Thanks.
There are a lot of successful cases in Eastern PA district. Cao v. Upchurch; Song v. Klapakis come to mind.
There are a lot of successful cases in Eastern PA district. Cao v. Upchurch; Song v. Klapakis come to mind.
2011 versos de amor tristes.

kevinkris
12-03 05:49 PM
I like your idea but the minimum is 50$/ month or 100$/ month.
Infact i like the idea of 5$/ month.
If 20,000 people donate 5$/ month = 1.2 million $/ year.
= 1 million $ (after loosing transaction charges)
So next step enable 5$/ month to 100$/ month RECURRING contribution arrangements ASAP.
To avoid transaction charges let users pay quarterly or half-yearly recurring.
i.e. if one wants to donate 5$/ month so it will be 30$/ 6 months etc.
Rgds,
Kris
I was thinking about this today.
All great Ideas and we are never short of Ideas on this website. However, we are always short of commited people who are willing to put in time and make their Ideas become a reality. We sure are 25,000 real members and If each of us commit 10$ every month diligently we have a consistent cash flow of $250,000 every month and committing 10$ every month is not hard at all. All of us in here are highly skilled, we all have decent paying jobs and we are definately not cheap labor because we have US Department of Labor (DOL) certifying our salary before we take up any Job in this great land.
Would you be willing to the lead on making your Ideas become a reality. We have very few highly committed members in here who can provide support and guidance.
We have already guided a few people on how to donate amounts less than the ones that are posted on this website and it is really simple. Any amount can be sent in as a donation through paypal to donations@immigrationvoice.org
Infact i like the idea of 5$/ month.
If 20,000 people donate 5$/ month = 1.2 million $/ year.
= 1 million $ (after loosing transaction charges)
So next step enable 5$/ month to 100$/ month RECURRING contribution arrangements ASAP.
To avoid transaction charges let users pay quarterly or half-yearly recurring.
i.e. if one wants to donate 5$/ month so it will be 30$/ 6 months etc.
Rgds,
Kris
I was thinking about this today.
All great Ideas and we are never short of Ideas on this website. However, we are always short of commited people who are willing to put in time and make their Ideas become a reality. We sure are 25,000 real members and If each of us commit 10$ every month diligently we have a consistent cash flow of $250,000 every month and committing 10$ every month is not hard at all. All of us in here are highly skilled, we all have decent paying jobs and we are definately not cheap labor because we have US Department of Labor (DOL) certifying our salary before we take up any Job in this great land.
Would you be willing to the lead on making your Ideas become a reality. We have very few highly committed members in here who can provide support and guidance.
We have already guided a few people on how to donate amounts less than the ones that are posted on this website and it is really simple. Any amount can be sent in as a donation through paypal to donations@immigrationvoice.org
more...

amslonewolf
11-11 01:36 PM
Very well said.. How many EB- 485 applications have been rejected after following all the app requirements (like PD is current before applying, correct fees etc)..
I-485 is mostly about the eligibility of the individual (like medical, illegal presence, fraud etc.) and so getting rejected at I-485 stage is not that common (especially after the approval of the underlying immigration petition). And if it does get rejected, more often than not, the individual may never be eligible for permanent residence due to the same reason. So usefulness of H1-B as back-up is of very limited narure.
I-485 is mostly about the eligibility of the individual (like medical, illegal presence, fraud etc.) and so getting rejected at I-485 stage is not that common (especially after the approval of the underlying immigration petition). And if it does get rejected, more often than not, the individual may never be eligible for permanent residence due to the same reason. So usefulness of H1-B as back-up is of very limited narure.

ElectricGrandpa
06-20 12:40 AM
Hey, this is a great idea for a battle. Sign me up, i'll enter :D. I wish we could enter two entries though. . .pleeeez?
I think it ends like tomorrow... or something... not sure.
I think it ends like tomorrow... or something... not sure.
more...

BharatPremi
03-13 10:51 AM
Yes, I guess the slowdown will happen when it hits the 2005 mark when PERM was introducted and a lot of EB3 were converted into EB2
Yep, that's "bull period". But assuming AOS bulletin mirrors CP bulletin, it looks like USCIS has decided to play with EB2-India. According to its own process, if USCIS might be working then this bulletin was not expected. 2 things I can think of. (1)EB3-ROW (From which numbers flow to EB2 -ROW then Eb2-countries) is confirmed empty and thus EB2-ROW is empty too (2) Somehow abrupt decision. If it is no:1 then it is really good news. But if it 2 then it will be bad for EB3-India as EB3-India is the MOST suffered lot during 2002-8. and Per country limit will make it more suffered with this illegitimate forward movement of EB2-India. Let's wait for AOS bulletin.
Yep, that's "bull period". But assuming AOS bulletin mirrors CP bulletin, it looks like USCIS has decided to play with EB2-India. According to its own process, if USCIS might be working then this bulletin was not expected. 2 things I can think of. (1)EB3-ROW (From which numbers flow to EB2 -ROW then Eb2-countries) is confirmed empty and thus EB2-ROW is empty too (2) Somehow abrupt decision. If it is no:1 then it is really good news. But if it 2 then it will be bad for EB3-India as EB3-India is the MOST suffered lot during 2002-8. and Per country limit will make it more suffered with this illegitimate forward movement of EB2-India. Let's wait for AOS bulletin.
2010 Versos y Poemas Tristes de

PHANI_TAVVALA
05-07 03:43 PM
First of all Congratulations desi#### and thanks for continuing to support IV.
Interesting discussion going on. Yes, I agree that most of us here are waiting for our GC and some of them go on to become US Citizens.
I believe that becoming a citizen of any country is a person's choice, so let us not give desi### a hard time here.:o
But I certainly do not think it is an 'achievement' to get a US citizenship, just because it implies indirectly it is an 'achievement' to let go off Indian citizenship. Nothing meant to offend you desi#### but it hurts when one reads such a statement somewhere deep inside the mind. But hey, as I said earlier, to each his own and noone should be judging others in their decisions.
And it is not only Indians becoming US citizens every year. There are others too.
Personally, even with all the advantages as stated above of being a US citizen, I will never let go of my Indian passport. Even if the authorities give it to me tomorrow in a lottery;) Never.
Why? Because my identity, my rich heritage, my family roots, my parents, my culture everything is Indian and am proud of it. There are lot of sentimental and emotional attachments. I was going through the OCI articles today after reading this discussion.
It is not exactly a dual citizenship. Some clauses are no voting rights! No Indian Passport!
Getting a GC is another thing, but when I decide to go back after a couple of years, I would definitely want to retain my voting rights. ! I rest my case.
I totally understand the emotional point of someone being want to be a Indian Citizen but I have to stress there is no other country in the world like U.S.A. This is the country where every human being is treated with utmost respect (don't try to show me exceptions - U.S. is a country where most of things are close to being perfect imaginatively), have freedom to say anything they want without getting intimidated and U.S is a country I believe will be the last bastion for humanity when terrosists/fundamentalists spread their tentancles and take over the world by force or other means (if not now probabbly in the next 100-150 years). Hypocrisy is relatively less. We Indians live in a dream world nurtured by the Indian politicians, who try to inject doses of patriotic non-sense into the masses while they themselves stove away million of dollars in Swiss banks. 70% of Indian population lives below poverty line and the educated masses of India think that their country will become a super power by 2020. Politicians like Mayawati play caste politics and dream of taking the top most post while our liberal media, without a wee-bit of shame, extends its highest support for them. Corruption is part of our daily life and we are part of the everyday corruption but we still find no fault in our society. Our population growth is beyond control while not a single politician is concerned about the stress it is going to create on our natural resources in the future. Our education system is in shambles but our great politicians fight for increasing the reservation system to different castes just for the sake of garnering more votes. And the list goes on. Alas���God help India.
FYI: I am a Indian and haven't even started my greencard process, for the same emotional reasons you mentioned, intending to R2I soon. Given a choice and circumstances, I would have opted for U.S.C as "I have no hope for this world neither do I wish for it" - quoting Bhagawan Krishna from Bhagavad Gita.
Interesting discussion going on. Yes, I agree that most of us here are waiting for our GC and some of them go on to become US Citizens.
I believe that becoming a citizen of any country is a person's choice, so let us not give desi### a hard time here.:o
But I certainly do not think it is an 'achievement' to get a US citizenship, just because it implies indirectly it is an 'achievement' to let go off Indian citizenship. Nothing meant to offend you desi#### but it hurts when one reads such a statement somewhere deep inside the mind. But hey, as I said earlier, to each his own and noone should be judging others in their decisions.
And it is not only Indians becoming US citizens every year. There are others too.
Personally, even with all the advantages as stated above of being a US citizen, I will never let go of my Indian passport. Even if the authorities give it to me tomorrow in a lottery;) Never.
Why? Because my identity, my rich heritage, my family roots, my parents, my culture everything is Indian and am proud of it. There are lot of sentimental and emotional attachments. I was going through the OCI articles today after reading this discussion.
It is not exactly a dual citizenship. Some clauses are no voting rights! No Indian Passport!
Getting a GC is another thing, but when I decide to go back after a couple of years, I would definitely want to retain my voting rights. ! I rest my case.
I totally understand the emotional point of someone being want to be a Indian Citizen but I have to stress there is no other country in the world like U.S.A. This is the country where every human being is treated with utmost respect (don't try to show me exceptions - U.S. is a country where most of things are close to being perfect imaginatively), have freedom to say anything they want without getting intimidated and U.S is a country I believe will be the last bastion for humanity when terrosists/fundamentalists spread their tentancles and take over the world by force or other means (if not now probabbly in the next 100-150 years). Hypocrisy is relatively less. We Indians live in a dream world nurtured by the Indian politicians, who try to inject doses of patriotic non-sense into the masses while they themselves stove away million of dollars in Swiss banks. 70% of Indian population lives below poverty line and the educated masses of India think that their country will become a super power by 2020. Politicians like Mayawati play caste politics and dream of taking the top most post while our liberal media, without a wee-bit of shame, extends its highest support for them. Corruption is part of our daily life and we are part of the everyday corruption but we still find no fault in our society. Our population growth is beyond control while not a single politician is concerned about the stress it is going to create on our natural resources in the future. Our education system is in shambles but our great politicians fight for increasing the reservation system to different castes just for the sake of garnering more votes. And the list goes on. Alas���God help India.
FYI: I am a Indian and haven't even started my greencard process, for the same emotional reasons you mentioned, intending to R2I soon. Given a choice and circumstances, I would have opted for U.S.C as "I have no hope for this world neither do I wish for it" - quoting Bhagawan Krishna from Bhagavad Gita.
more...

ak27
07-21 10:58 AM
Well,
I am also in same boat. I have been keeping myself busy with studies, I was able to complete MBA and as well PMP. However, I would like to caution people on study front. Please give lots of thoughts on what do you want to study. One of the problem which I am facing after my MBA degree i.e. I am more frustrated being stuck in current position and doing something for which I am over qualified.
I would be interested in knowing about prospect for folks like us in Aus. I would appreciate if someone on this thread provide some clues on Aus.
I went to India couple of months back and there are lots of opportunities. But, I am not convinced if Indian market will be able to sustain this momentum over long period of time due to infrastructure problems and weak governments.
It is good thread and we should keep sharing our thoughts.
I am also in same boat. I have been keeping myself busy with studies, I was able to complete MBA and as well PMP. However, I would like to caution people on study front. Please give lots of thoughts on what do you want to study. One of the problem which I am facing after my MBA degree i.e. I am more frustrated being stuck in current position and doing something for which I am over qualified.
I would be interested in knowing about prospect for folks like us in Aus. I would appreciate if someone on this thread provide some clues on Aus.
I went to India couple of months back and there are lots of opportunities. But, I am not convinced if Indian market will be able to sustain this momentum over long period of time due to infrastructure problems and weak governments.
It is good thread and we should keep sharing our thoughts.
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m306m
06-11 01:23 PM
Thanks guys for the moral support and quick responses.
More details are as follows:
1. This accident occurred in 18 months back in CA
2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.
So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
All this happened within in mins or secs, I would say
--> --> --> --> --> --> --> -->
Myself car1 car2 car3 car4 car5 car6 car7
In the above pictorial representation,
a) car 1 hit car2 which in turn hit car3 (1st impact)
b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)
I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)
Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.
BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.
As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment
So they are claiming the following:
3 milliion for : other damages(emotional etc.....)
200,0000 for: future treatment
50,000 for: lost wages
Thats is what the story of my life :(
Hope this gives u more details to provide me with more suggestions.
Firstly, I am not a lawyer and I would recommend that you get a lawyer to help out.
As mentioned before this is a civil lawsuit and not a crimial lawsuit. Impact on GC should not be a factor but consult an immigration lawyer.
Now depending on the state law you should not be liable for Cars2 through Cars7. It could easily be argued that they did not leave a safe distance between them and hence the ripple effect. What the insurance determines is the fault is not necessarily how the law would interpret it. So if you insurance of any of the car insurance assign percentages of fault, it is pretty much based on their calculations. Did you recieve a traffic citation? If so did it indicate that you were at fault for all the subsequent accidents? Did you contest the citation? If so what was the outcome. If you contested the citation and got the charges dropped you have a stronger case against each of the other plaintiffs.
Try to settle out of court and get the lawyers to drop the case. The way you do that is to claim that you don't have any money. Remember the lawyers for each of the plaintiffs have done an asset check on you and they know how much you have. Although the judge could request that each of the transactions to reverse. Do the following:
Read this post: http://immigrationvoice.org/forum/showthread.php?p=249649#post249649
1. Take out second mortage on the house (if you own it) and transfer cash to a relative's name in India
2. Sell cars and lease new cars
3. Cash savings etc should be transferred to relative's names in India.
Show the lawyers you don't have any money and they will not be able to recover their fees from this lawsuit. Do not capitualte to threats. Instead offer to settle out of court. Let them come up with the offer and then bargain like hell.
I hope this helps. If you need to talk more send me a private message.
More details are as follows:
1. This accident occurred in 18 months back in CA
2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.
So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
All this happened within in mins or secs, I would say
--> --> --> --> --> --> --> -->
Myself car1 car2 car3 car4 car5 car6 car7
In the above pictorial representation,
a) car 1 hit car2 which in turn hit car3 (1st impact)
b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)
I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)
Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.
BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.
As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment
So they are claiming the following:
3 milliion for : other damages(emotional etc.....)
200,0000 for: future treatment
50,000 for: lost wages
Thats is what the story of my life :(
Hope this gives u more details to provide me with more suggestions.
Firstly, I am not a lawyer and I would recommend that you get a lawyer to help out.
As mentioned before this is a civil lawsuit and not a crimial lawsuit. Impact on GC should not be a factor but consult an immigration lawyer.
Now depending on the state law you should not be liable for Cars2 through Cars7. It could easily be argued that they did not leave a safe distance between them and hence the ripple effect. What the insurance determines is the fault is not necessarily how the law would interpret it. So if you insurance of any of the car insurance assign percentages of fault, it is pretty much based on their calculations. Did you recieve a traffic citation? If so did it indicate that you were at fault for all the subsequent accidents? Did you contest the citation? If so what was the outcome. If you contested the citation and got the charges dropped you have a stronger case against each of the other plaintiffs.
Try to settle out of court and get the lawyers to drop the case. The way you do that is to claim that you don't have any money. Remember the lawyers for each of the plaintiffs have done an asset check on you and they know how much you have. Although the judge could request that each of the transactions to reverse. Do the following:
Read this post: http://immigrationvoice.org/forum/showthread.php?p=249649#post249649
1. Take out second mortage on the house (if you own it) and transfer cash to a relative's name in India
2. Sell cars and lease new cars
3. Cash savings etc should be transferred to relative's names in India.
Show the lawyers you don't have any money and they will not be able to recover their fees from this lawsuit. Do not capitualte to threats. Instead offer to settle out of court. Let them come up with the offer and then bargain like hell.
I hope this helps. If you need to talk more send me a private message.
more...

desi3933
01-22 08:12 AM
......
A challenge by H1B employers may be required ....
That is correct. Since H1-B petition is filed by employer, it can only be legally challenged by the employer only. Employee is beneficiary and therefore has very limited legal rights to challenge even if petition is denied.
Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).
________________
Not a legal advice.
A challenge by H1B employers may be required ....
That is correct. Since H1-B petition is filed by employer, it can only be legally challenged by the employer only. Employee is beneficiary and therefore has very limited legal rights to challenge even if petition is denied.
Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).
________________
Not a legal advice.
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StuckInTheMuck
04-28 10:39 AM
One more point:
Know when your GC and passport expires so that you can renew it. :)
Getting a GC does not mean you can ignore all your immigration issues.
Abso-lute-ly :) Thanks pappu, your point is added.
Know when your GC and passport expires so that you can renew it. :)
Getting a GC does not mean you can ignore all your immigration issues.
Abso-lute-ly :) Thanks pappu, your point is added.
more...
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snram4
01-20 10:42 PM
There will be always fear that good people also will be impacted. If the person and company are geneuine then they can provide enough documentation to escape from regulation. If the person is good and company is bad then he can change the company.
I did not see any opposition from lawyers website for this except IV. Most lawyer sites advise employers to prepare proper documentation to tackle this
You did not miss anything. Those affected are bodyshop people who abuse the system. This memo is really good for those of us who do not support abuse. If these abusers get kicked out at POE and their I140 and I485 are denied, it may make more room for those of us who have not cheated the system. If my application is in Q behind these abusers, then I surely want these guys kicked out.
I did not see any opposition from lawyers website for this except IV. Most lawyer sites advise employers to prepare proper documentation to tackle this
You did not miss anything. Those affected are bodyshop people who abuse the system. This memo is really good for those of us who do not support abuse. If these abusers get kicked out at POE and their I140 and I485 are denied, it may make more room for those of us who have not cheated the system. If my application is in Q behind these abusers, then I surely want these guys kicked out.
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willwin
08-12 02:16 PM
My guess is that it will move a bit more faster than last year. Note that Apr 22 was the hump day (been dealing that that day right through labor certification phase), after that, the movement was steady. The Nov1 showing up twice is due to exhaustion of the numbers. I am expecting a steady march going forward.
How will it march steadily when we have less than 3000 numbers for the year?
I am sure we have many pplicants with PD in 2002 and 2003. I would be surprised if PD moves beyond April 2002 in FY 2009.
Assuming no other miracle happens!
How will it march steadily when we have less than 3000 numbers for the year?
I am sure we have many pplicants with PD in 2002 and 2003. I would be surprised if PD moves beyond April 2002 in FY 2009.
Assuming no other miracle happens!
more...
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rheoretro
11-12 04:31 PM
IV core team members has to concentrate to push this bill in all its possible means.
Think again...
Think again...
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485Mbe4001
07-09 04:54 PM
looks like the bills hit the floor with a crash;)
Are the bills hitting the floor next week?
Are the bills hitting the floor next week?
more...
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eb3India
11-16 12:57 PM
I would like IV and this members here to try and verify this report
http://www.zazona.com/ShameH1B/Library/Archives/SaveSS.htm
This appears to be complete propoganda by anit-immigrants, I would like to know if there are any legal way to challenge these guys not spread false information.
can we sue this guys, I myself has paid Social security for 9 years since I came to US
http://www.zazona.com/ShameH1B/Library/Archives/SaveSS.htm
This appears to be complete propoganda by anit-immigrants, I would like to know if there are any legal way to challenge these guys not spread false information.
can we sue this guys, I myself has paid Social security for 9 years since I came to US
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mbawa2574
05-26 07:45 AM
Have to watch this one carefully. Kennedy (one of the co-sponsors of this bill) had thrown EB immigrants under the bus last year while favoring FB and illegals (in CIR). Need to be see the contents of this bill very carefully. Esp this clause from the AILA report:
"Addressing the decades-long backlogs for certain countries by raising the per-country immigration limits from 7 percent to 10 percent of total admission".
The CIR in 2007 had a similar clause, bumping up the country-limit from 7% to 10%, BUT it had another related clause that stopped rollover of visa's in the last quarter.
That would be disastrous for people from India and China as number of visas issued for the whole year will go DOWN!!
The recapture clause sounds promising , provided there is atleast an even split between EB and FB (of EB coming before FB). If they do it the other way around (like they had done in the last recapture for schedule-A nurses) then EB people will see no benefit of the recapture, and will end up losing one more quick-fix option.
Eagerly waiting for the bill text so the dissection and analysis can begin!!
RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.
(a) Worldwide Level of Employment-Based Immigrants- Subsection (d) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended to read as follows:
�(d) Worldwide Level of Employment-Based Immigrants-
�(1) IN GENERAL- The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
�(A) 140,000; plus
�(B) the number computed under paragraph (2); plus
�(C) the number computed under paragraph (3).
�(2) UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed under this paragraph for a fiscal year is the difference, if any, between--
�(A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; and
�(B) the number of visas actually issued under section 203(b), subject to this subsection, during the previous fiscal year.
�(3) UNUSED VISA NUMBERS FROM FISCAL YEARS 1992 THROUGH 2007- The number computed under this paragraph is the difference, if any, between--
�(A) the difference, if any, between--
�(i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2007; and
�(ii) the number of visas actually issued under section 203(b), subject to this subsection, during such fiscal years; and
�(B) the number of unused visas from fiscal years 1992 through 2007 that were issued after fiscal year 2007 under section 203(b), subject to this subsection.�.
"Addressing the decades-long backlogs for certain countries by raising the per-country immigration limits from 7 percent to 10 percent of total admission".
The CIR in 2007 had a similar clause, bumping up the country-limit from 7% to 10%, BUT it had another related clause that stopped rollover of visa's in the last quarter.
That would be disastrous for people from India and China as number of visas issued for the whole year will go DOWN!!
The recapture clause sounds promising , provided there is atleast an even split between EB and FB (of EB coming before FB). If they do it the other way around (like they had done in the last recapture for schedule-A nurses) then EB people will see no benefit of the recapture, and will end up losing one more quick-fix option.
Eagerly waiting for the bill text so the dissection and analysis can begin!!
RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.
(a) Worldwide Level of Employment-Based Immigrants- Subsection (d) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended to read as follows:
�(d) Worldwide Level of Employment-Based Immigrants-
�(1) IN GENERAL- The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
�(A) 140,000; plus
�(B) the number computed under paragraph (2); plus
�(C) the number computed under paragraph (3).
�(2) UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed under this paragraph for a fiscal year is the difference, if any, between--
�(A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; and
�(B) the number of visas actually issued under section 203(b), subject to this subsection, during the previous fiscal year.
�(3) UNUSED VISA NUMBERS FROM FISCAL YEARS 1992 THROUGH 2007- The number computed under this paragraph is the difference, if any, between--
�(A) the difference, if any, between--
�(i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2007; and
�(ii) the number of visas actually issued under section 203(b), subject to this subsection, during such fiscal years; and
�(B) the number of unused visas from fiscal years 1992 through 2007 that were issued after fiscal year 2007 under section 203(b), subject to this subsection.�.
hairstyles house de amor triste. versos

polapragada
04-26 06:45 PM
We dont have to fight on H1B vs L1B. But the fact is employees with L1 are suffering more then H1Bs.
YES santhan...
BTW I am H1B :D
YES santhan...
BTW I am H1B :D
Raji
07-17 08:23 PM
As you are aware there is alot going on right now. The administration is talking about CIR.
Lots of bills with small provisions get talked up or introduced. In fact that happens every year if you look back. We keep an eye on what's moving and where the effort is needed. We do not want to waste our resources and effort if something may end up simply being a placeholder or a position statement.
In a nutshell, there will be fax campaign when we are advised (by lawmakers, lobbyists and friendly advocacy groups among others) and we determine that it is needed and will be effective.
Thanks for the response Paskal. However I still do not underststand why IV is not encouraging everyone to send faxes and register their support via the AILA site. As I have understood AILA has been a leader in this effort for immigration {see July 2007}. If you are trying to say that the interests of AILA and IV are not exactly the same - that is to be expected - no 2 organizations can ever be the same - BUT - surely we can come together to form and pursue some strategic interests. I see that with regard to these bills IV and AILA interests meet. Further if readers @ IV send messages via AILA Action Alert then IV resources can be saved to follow the path that you have described above.
Finally, the bill may be a placeholder or position statement, but in the end we need to demonstrate the numbers - highlighting this bill may eventually lead to some worthwhile convergence in the CIR - I think no opportunity need be lost in this process and the more we highlight our position and condition the more visibility we get.
Regards!
Raji
Lots of bills with small provisions get talked up or introduced. In fact that happens every year if you look back. We keep an eye on what's moving and where the effort is needed. We do not want to waste our resources and effort if something may end up simply being a placeholder or a position statement.
In a nutshell, there will be fax campaign when we are advised (by lawmakers, lobbyists and friendly advocacy groups among others) and we determine that it is needed and will be effective.
Thanks for the response Paskal. However I still do not underststand why IV is not encouraging everyone to send faxes and register their support via the AILA site. As I have understood AILA has been a leader in this effort for immigration {see July 2007}. If you are trying to say that the interests of AILA and IV are not exactly the same - that is to be expected - no 2 organizations can ever be the same - BUT - surely we can come together to form and pursue some strategic interests. I see that with regard to these bills IV and AILA interests meet. Further if readers @ IV send messages via AILA Action Alert then IV resources can be saved to follow the path that you have described above.
Finally, the bill may be a placeholder or position statement, but in the end we need to demonstrate the numbers - highlighting this bill may eventually lead to some worthwhile convergence in the CIR - I think no opportunity need be lost in this process and the more we highlight our position and condition the more visibility we get.
Regards!
Raji
purgan
09-14 10:40 PM
yeah, and throw in free college tuition for your brothers and sisters:D
it ain't gonna happen
I'd be surprised if they agree to even ability to file 1-485....the anti-immigrationists/protectionists will fight tooth and nail on everything. They don't want you in the country...they want you to go back...they're against anything that will help immigrants stay here.
its pretty clear what they want
it ain't gonna happen
I'd be surprised if they agree to even ability to file 1-485....the anti-immigrationists/protectionists will fight tooth and nail on everything. They don't want you in the country...they want you to go back...they're against anything that will help immigrants stay here.
its pretty clear what they want
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