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  • rockstart
    03-12 11:55 AM
    In theory you are right. But practically Very big corporations/companies have recently started a practice not to hire a person on EAD if I-140 is not clearly approved. Why? Lawyers advise them to do so. I have been hired by very prestigious company recently of course on EAD and first thing they wanted to make a check was on whether I have I-140 approved or not. Secondly they ask if I could submit 3 years audit report for "previous employer". That could make sense to me as it was a clear hint that they wanted to check whether I am coming from good financial based company or not... Why? The reason is that if that would not have been the case then there could be the chance of denying I-140 although it was approved. At least in my network of friends I am the third person who experienced this level of scrutiny before hiring on EAD. The reason is simple. They do not want to hire a guy who can not work at some time of the initial period due to I-140 related problems. So bottom line, I-140 approval is must nowadays for working in big corporations with EAD.


    I am worried about this financial reports. I am not sure many consulting companies will give those to employee who is leaving





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  • ss777
    05-15 02:27 PM
    I totally agree with first para..but your client CIO getting promotion out of a Phoenix university degree surprises me..many people discouraged me from going there as they dont require GMAT to start with.
    That surprised me also. He may be an exception but the fact that he was tapped for a management post that needs a management degree makes it imperative that his MBA played a good role. I am not saying Pheonix MBA is great. My point is Online MBA is valued in the industry.





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  • indianindian2006
    07-14 06:49 PM
    Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.

    This could be a blessing for you.As your 485 file is now open depending upon your reply if IO is convinced he could easily mail out the GC to you as your dates would be current by the time he looks into your reply.Consult an attorney to frame a correct reply.
    Good luck.





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  • ronhira
    04-09 07:02 PM
    - the problem is with the congress, not with cis
    Congress did not ask USCIS/DOS to subtract dependent visa numbers from 140K. If USCIS/DOS excludes dependent numbers from 140k, congress cannot question that because law doesn't mandate to include the dependent numbers in 140K.


    -y the hell do u blame cis...... r they not allocating 140K per year
    If USCIS/DOS doesn't agree to change their administration policy to exclude dependent visas from 140K after seeing our backlog, then who else do we have to blame.
    Yes they are allocating 140K per year. But to who? In my view to the same applicant; one for primary applicant, another for his spouse, another for his kid, ....


    Most of us here are 'keyboard ninjas'. Only very few contribute in actions and that contribution is hidden under donor forums. Without awareness of the good things happening, these keyboard-ninjas are not going to contribute in actions.

    We all understand that blaming is not going to help anyone. But what else to do.

    u'r saying that all these years uscis & dos was misinterpreting the law for counting dependents in the 140K count..... well, what is the army of 10,000 impotent immigration lawyers doing for last 15 years..... i know they r all dumb & sleazy..... but if that were the case someone in that useless army of 10,000 would have cared to file a lawsuit or someone in congress would have questioned uscis/dos..... the fact that no one questioned or filed for a suit just proves that uscis is interpreting the law correctly..... as much as i would like...... i am actually not convinced that its uscis fault for counting depends.... again here its the fault of the congress for framing the law like the way it is....

    there are sleazy immigration lawyers who throw out this bullshit material hoping that some of it will stick, & guys like will think they r the gods..... in that sense its our fault to play right into the hands of sleazy immigration lawyers.... here r some of the creepiest of things thrown by some of these scam artist lawyers -

    - fix backlog without immigration bill
    - vb dates all current in 2 months
    - spillover crap (this one is my favorite)

    all that i'm trying to say is that we can do lot of things.... and beating down on uscis/dos is the last thing we all want to do....... becoz otherwise we waste the energy from our frustration/anger @ the wrong target......



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  • nyte_crawler
    04-07 12:32 PM
    After reading this rumor mongering for a few weeks now, I have drawn a common between these cases (if we believe for a second that these stories ARE true). All these friend of a friend of a friend who were "sent back", seem to be working fro "desi" software "consultants". If that is indeed the case, then great work CIS. These shysters have no place in the EB queue anyways.

    (2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.

    (3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.

    So, Cut the crap and do your work.

    You seem to be drawing conclusions out of nowhere. What�s up with you and desi software consultants? Please stop posting incendiary remarks about any group of people. I understand you have your opinion, but please be constructive and justify it based on facts, not on some rumor and your own personal vendetta. Just like you, everybody have their right to have their opportunities to improve their life and betterment of their communities they surround themselves with.





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  • DSLStart
    09-10 11:01 AM
    Why is the chat access restricted??????? Why aren't all members welcome to get involved?



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  • kaisersose
    07-24 02:05 PM
    If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.

    If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.

    My thoughts.

    You are right on both accounts.

    1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.

    2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.





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  • snathan
    03-11 09:19 PM
    If we put the word H1B in the Visa Re-capturing bill, the bill would be doomed. As few have rightly pointed out, it would be taken out of context probably advertised and interpreted as increasing H1B visas.

    If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".

    If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.

    If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.

    IV team please start the fund raising for re-capturing visa numbers. Thanks.

    Before starting new fund raising...do you consider to contribute for the current drive.



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  • tomatocup
    09-19 04:25 PM
    Million thanks to IV's superior organization. I am glad that my friends and I attended this event. It's just a little sad to see the local news channels reported the small protests by illegal immigrants in the Prince William County in MD but not our well-organized rally. Many people passing by us still think we are undocumented. I fully support the ideas from other members that we should highlight "LEGAL" everywhere.





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  • mbawa2574
    02-15 07:21 PM
    I agree.

    What's the use of merit or supply/demand in capitalism. Everything should be by quota, college admission, immigration .. use of toilet paper etc

    Quota Quota Quota :)



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  • pappu
    12-13 01:58 PM
    Thanks Pappu for explaination. Look like this door is already close. Well let me know if I can do anything to help.
    Thanks. I appreciate your enthusiasm and seveal other members on this thread. Pls help us in the action items listed by IV so that we can be well prepared to undertake any campaign early next year. Let me tell you, the campaign like last week will happen again because IV will keep pushing through every crack in the door until our goal is achieved. At such times we need to have enough membership muscle, financial capability to sustain and execute the effort. All this is not built in one day but during times like this when DC is quiet.





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  • va_labor2002
    07-25 07:08 AM
    JCMenon,
    I totally agree with your attitude and thinking. There is nothing wrong to request this issue to USCIS. It won't hurt us ! They will realize the magnitude of the issue and may do something to convinse the lawmakers.

    We should definietly try this,even if the outcome may be failure !

    Good Luck.
    We can not file for 485 that is the reason we need to let our voices heard to USCIS, it may be waste of time for some one but at least it would be worth a try.

    We did try a lot with S1932, outcome zero.
    We did try a lot with CIR, outcome zero.

    When so potentially yielding means(S 1932 and CIR) can fail in a same way USCIS option may also fail, but at least we know that we tried this option.

    If stuck labor says it is a waste of time (No offence taken), I am not going to buy his arguement, just because he is a super moderator. maximun he can ban me from the site, but I donot worry of voicing my openion for an issue that I think might work out.

    Lets do an openion poll and decide how many are in favor of this.



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  • mhb
    07-03 03:57 PM
    monthly contributin of $ 50 thru paypal





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  • gcobsessed
    07-11 08:40 PM
    I consider this movement of dates a ticket to enter a lucky draw. Whatever visa numbers remain to be used in last two months of the fiscal year is going to be allocated at random to people who have their PD current in this period. So, congratulations to whoever gets lucky.

    Well, your luck might be influenced by a variety of reasons like when you sent your application, whether your 140 is already approved, is it a complicated case, pending RFEs, etc. Nevertheless, it still is good news that so many people are now eligible to participate in the draw...



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  • sunty
    11-13 03:10 PM
    A couple of documents about the

    Immigrant Visa Allocation Management System (IVAMS)

    This is the system that performs the analysis for the Visa demands/allocations etc...

    http://www.state.gov/documents/organization/109134.pdf

    http://www.state.gov/documents/organization/87963.pdf

    Just on a side note, maybe to address the quarterly-spillover issue, this system needs to be updated/changed and since it will be "a decade long task" for the DOS to do it, we might not see the spillover for a while...:confused:..

    Hope thats not the case though..





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  • rajeshalex
    07-13 06:57 PM
    Can IV use FOIA to
    1 get the visa numbers allocated by USCIS for the past one year ?
    2 pending 485 applns grouped by country/EB category/priority date?


    I think this will clear lot of speculations/and if needed we can do something regarding the visa number wastage/retrogression.

    Rajesh



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  • dixie
    08-03 07:39 PM
    PCS:

    Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION.


    Says who ? just do a google search on him and go through his periodic rants on the H1-B visa. Among other things, he has accused DOL of hiding LCA applications from the american public so as to "reserve" jobs for H1-B aliens. Contacting him will do more harm than good. The best we can expect from lou is that he focusses all his anger on illegals and forgets us for the time being till SKIL gets passed.





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  • Bpositive
    02-13 07:31 PM
    More unfriendliness towards legal immigration + H1bs = more outsourcing by firms who can't find talent in US + lesser revenues from education + lesser number of top notch talent coming to the US + lesser number of innovative companies coming to US + less stronger relationships with growth economies

    Bad, bad equation for US. If I were a US citizen who really cared for the long term success of the country, I would be really scared





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  • jthomas
    10-16 05:41 PM
    I would think better than doing one day off from work let all the state chapters do a mela for diwali, distrubute flyers, educate american citizens about legal immigration, get contributions and then pass on to IV.

    Lets check which state chapter can get max contributions



    Rather than a flower campaign, I'd rather have no EB legal immigrants at work day where every single legal immigrant and should not go to work.

    If you have or want citizenship via EB Immigration, you don't go to work for one day, say Jan 02 2009. Then people will realize that we are important to them. A lot more than Gmail (http://tech.slashdot.org/article.pl?sid=08/10/16/194244) will be down.





    pappu
    02-22 12:28 PM
    Pls post your schedule and location on the the IV agenda thread so that it is visible on the homepage. Urge more NJ members to come to the temple to help you distribute flyers and talk to interested people.They will also have a chance to and meet other NJ chapter members. At least one core member will also come for this and everyone will have a chance to meet and ask any questions.





    StarSun
    09-10 11:01 AM
    One of the main things that could help us to make a correct guess is number of approved and pending I-140s per country per year of priority.
    USCIs shouldn't say they don't have this data and we shouldn't say we never requested this

    While there is nothing wrong in knowing the correct pending numbers, there is nothing to gain actually from it. If the goal is to guess correctly when you will be current, then this is worthwhile!!



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