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alterego
08-10 02:46 PM
The original intent of labour substitution was not bad. If you understand that EB immigration was designed with the AMERICAN EMPLOYER and their needs in mind you will understand why labour substitution was allowed. It was a way for american employers to get employees in critical shortage areas and keep american industry competitive. It really was not meant to either be fair or not fair to you and me. If you understand this then it all makes more sense.
That was then and this is now. So what has it evolved to?
Labour substitution became a bargainig chip, for employee/employers. It was bought and sold. It was used, abused and misused and done so rather widespreadly. It started to be used mainly by Desi Bodyshoppers. In some cases for friends and even relatives, to the extent that AMERICAN employers and their employees became the ones getting hurt/delayed by it.
So the rules were changed. Those of us who went through the traditional channels realise that those of you who took labour subs. did nothing legally wrong. Simply understand that we cannot and will not have any sympathy for you if and when something goes wrong.
As for the folks asking people not to give their opinion. Please post in a private forum then.
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greensignal
06-19 02:02 PM
Akhil,

Can you pls send me a copy too? thanks in advance!

a copy for me also please.
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BharatPremi
11-15 12:18 AM
BharatPremi,

Congrats that you got it somehow. I also took a Infopass on Nov 7th and status changed to "Doc Mailed" within 2 Hrs of Infopass Appt ( spooky :eek:)and we both discussed about meeting Senator's office if it doesn't come in 7 days.

Looks like time has come for me to meet Senator/Congressman... Today is Nov 14th and in 7 days the mailed doc didn't come. I dont have any lawyer.

Shall i go waste a day and meet Senator or wait for some more - Kind of in a dual doubt and confusion :confused:

I would wait for one more week. Since you do not have lawyer, USCIS has to send you the papers. If within one week nothing happens, Go for one more infopass.. Best Luck.
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Michael chertoff
10-26 04:11 PM
Another news making. Advice to all of Youngster Indians and Indians here by the India's outsourcing chop shop IT messihah Infosys Chief.

Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)

Mr. Sakthisagar, You are correct. we need people like you. you are so concerned about INDIA. please let me know How can I help.

BTW only Narendra Modi can solve this issue too.

MC
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KanME
07-19 04:24 PM
I have been in this country for almost 10 years and I have never felt more stressed about these status issues than I did today. I even stopped working from this afternoon reading forums for similar cases, finding info here and there etc. :(

This is confusing..I have a similar situation(not paid for 2 weeks)..

When i talked to my lawyer she said that employement verification is done in I-140 and since that is approved I dont need to worry abt it for 485??

What does your lawyer say?
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drona
08-31 08:37 PM
Please post your request on the following thread and a group of volunteers will organize your transportation. Glad you could make it!

http://immigrationvoice.org/forum/showthread.php?t=12462
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anurakt
12-20 03:47 PM
I may have to read this 5 times before I understand ...Any lawyers on this forum who can give us the bottomline...:)
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espoir
07-10 08:36 AM
Media is a double edge sword. Lets not jump or resort into these activities and hurt IV agenda. Media can spin things around and you will be aghast at what is reported and what the truth is. We are not completely done with flower campaign. In my opinion it has now gained momentum and we have to make sure media presents our cause in a right way. And that we get a positive coverage.
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onemorecame
07-17 10:35 AM
Clear IE/Firefox temp cache to view refreshed page. I had to do it (pressing F5 20 times did not make a difference). The dates are now updated to July 16, 2007.
Sorry But please tell me how to do this?
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mariusp
04-01 07:03 PM
Sent mine right now to senators of FL.
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titu1972
07-21 02:46 PM
NSC: E-Filed June 02
Document Send: June 02
FP Done: June 26
PD Will be current in Aug. Namecheck cleared since Nov 2007.
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manand24
08-01 10:44 AM
Folks,

Just now i called up USCIS (1-800-375-5283 Option 1,2,2,6,2,2,1) since my App was mailed more than 4 weeks.

The lady who picked up was nice enough to explain me the revised ETA for receipting from 4 weeks to 60 Calendar days. She also said that they generally receipts in 2 weeks (not even 4 weeks) but because of this rush that ETA is set to 60 days. She appreciated all of our anxiety and re-assured me that i dont have to call after 60 days because the receipt will be definitely with me ( if everything is filed correctly as per rules )

One thing i found funny - she explained me that this Rush is just for avoiding the 'Fee Increase' - She has no idea about the Retrogression and stuffs like that :)

Good luck guys - chat with you after another 29 days !!

I also just got off the phone with USCIS, I am July 2nd filer with no receipts yet. The nice lady at USCIS customer service told me that due the increase in the in-flux of applications, it is taking USCIS longer to generate the receipt notices. She told me to call them back after 2 weeks.
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snathan
06-22 12:35 PM
come on guys....
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akred
07-14 11:05 PM
What was 245(i) amnesty?...just curious

Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL.

Btw if you do not support DREAM ACT than you shouldn't be on this forum...

At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.
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cagcwait
03-09 07:49 AM
Meeting with Congresswoman Zoe Lofgren�s staff, San Jose

03/08/06

A group of us met with the with Chief of Staff and Congressional Aide at Zoe Lofgren�s office in San Jose, yesterday. The meeting went very well and lasted an hour. The Chief of Staff was very knowledgeable about the issues. She ofcourse knew that the IV team had already met with the Congresswoman and the staff at her DC office. One of her first comments was about that meeting and she remarked that it was very good to have � an organized group� like IV. She was very appreciative of what IV was doing as an �organized group� � doing their homework and research and putting out presentations and materials that brought out the core issues very clearly and hiring a very competent lobbying firm to help execute our agenda. She wanted to know who made those presentations (thanks to Berkeley Bee!!!!!) J.. In fact, she repeated her appreciation quite a few times about IV. She also mentioned that she had read about IV in the Roll Call and was looking forward to meet the group.

We went through the presentation, explaining the issues � most of which the Chief of Staff was already were aware of. The Congressional Aide was not aware of a few and we used the opportunity to explain the issues. Needless to say, personal examples helped to get the point across very well. While we went through the issues at the BECs and the USCIS, we quoted quite liberally from the Ombudsman report and the Presidents Economic report and from logiclife�s post on the backlog centers. At one point we were asked/ told that since these were infrastructure problems that are very deep, it is probably going to take time to completely address the fixes in the system. We again took that opportunity and told them about IV goals such as the 3yr H1B extensions instead of 1yr and the recapture of the visas lost between 2001 and 2004 - which would provide interim relief to the people affected by the backlog. We explained how the 3yr extensions instead of 1yr would relieve the USCIS of additional work and allow them to focus their efforts on actual processing / clearing of backlog. When they commented that the Dept of Homeland Security may want this to be a 1yr process, we pointed out that currently 3yr extensions are being offered to people who have filed for I485, so we are merely asking that the same be extended to people with their Labour and I-140 pending.

They offered us a couple of suggestions:

1. To talk to the Congress people �on the other side� especially in the Judiciary committee. They wanted us to consult with our lobbying firm first. They strongly felt that we should be talking to lawmakers who are not pro-immigration. They said that we may need to study their district and the industries there and try to point out how those industries are benefited by immigrants directly or indirectly.

2. To collaborate with the giants in the Private sector who employ highly skilled legal immigrants because some of them have very loud voices on the hill.

We do have an action to get back to them with a list of states that we know that don�t issue drivers license renewals for 1yr. Can someone please provide us with this information so that we can relay it back to them?

They also wanted a softcopy of our presentation and the supporting materials. We are working on that.

Overall, they had a very good opinion about ImmigrationVoice. To quote them again,
�Very Organized Group� � and they felt that organized groups make a great difference,
�Done their homework very well in terms of research, pinpointing the exact issues, presenting and communicating them in a way lawmakers / people understand�, �Have a very good lobbying firm�. They wanted IV to continue what we are doing and meet with lawmakers on either side (pro and anti immigration), so that when a �window of opportunity� presents itself, we can use it to our advantage. The Chief of Staff reiterated this point and mentioned how important it was to be prepared for this �window of opportunity�.

My request to people who read this,
1. If you are not a member of IV, please become a member and join hands with IV NOW. You can clearly see what an impact IV is making with the lawmakers in such a short frame of time.
2. If you have not contributed, please do so NOW. It is absolutely required to retain this �very good lobbying firm� and make sure that our voices continue to be heard.
3. Please join the membership drive started by logiclife at http://immigrationvoice.org/forum/showthread.php?t=305 and bring in 5 more members who can contribute monetarily / otherwise.

Thanks,
cagcwait
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stucklabor
04-12 01:17 PM
Bkam,

The point is not about the way to get relief. There are multiple ways to achieve eligibility for EADs.

The point that I am trying to make is that every one of those ways requires legislation to be passed. Asking for EAD/AP through I485 filing even with visa number unavailability, is as good, if not better, than the other suggested methods.

I would really hesitate to ask for EADs for people still in labor cert. Our requirements, after much effort, were included in amendments simply because they are really technical adjustments to existing law. They do not increase the number of immigrants into the US and do not substantially change the process. Asking for EADs for people stuck in labor cert would be a substantial change in process, and would make it harder to get legislative sponsors.
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santa123
12-01 09:52 PM
Santa,

Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree

H1Girl,

Thanks for your response.

Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.

Sounds awesome!!! Do you know of any cases in the past where USCIS has considered experience in lieu of 1 year's education? If so, then you have a good chance to get through. Hope they approve yours sooner! Good luck
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raysaikat
07-19 09:33 PM
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.


If she applies for I-485, she has *beyond a shadow of doubt" expressed immigration intent. Her visitor visa request will immediately be rejected.



If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?

Once someone applies for I-485, then s/he has expressed immigration intent. From that time onwards s/he cannot apply for any visa that requires intent for non-immigration, such as visitor's visa, student visa, etc. He/she can only apply for a dual-intent visa, such as H1/L1/H4, etc., after expressing immigration intent.

It is your own personal problem if you find this rule as "bizarre", but that's the rule.
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pady
08-20 04:01 PM
I guess this link is for H1 violation.

I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.
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jonty_11
12-05 02:58 PM
Not going to happen - whole point of not giving h1's their Social Security is to use to fund USs' dwindling Social Security funds. H1 is supposed to fund SS for the Baby boomers here. There is no way in hell we will get it before 10 years on H1.
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amslonewolf
12-28 05:13 PM
Someone I know was EB3 I Aug 2001. They had filed for I-485 sometime in 2005. They got their GC on 12/22/2008.

Their lawyer filed a Writ of Mandamus against USCIS in Aug 2008. The deal was the USCIS was to either approve or reject their case in 60 days.. So, check with your attorney and see if filing a case in an option for you.
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