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  • conchshell
    07-11 11:30 AM
    Guys thanks for your appriciation on my recent blog "Power Behind A Flower". Please note that the reason behind this writing is to help our movement and encourage people to fight against injustice. Now the question is what's next??

    With a successful flower campaign to USCIS, we must draw our conclusions from this success, and use the outcome to make the San Jose rally a success.

    Please note that legal immigrants is a small handful set of people. Just a usual rally/demonstration will not make a dramatic impact. We have learned from the flower campaign that if we use innovative-peaceful ways of demonstrations, and manage Public Relations and Media well, we can be successful once again.

    Please think and try to come up with some ideas. I have come up with these four ideas:

    1. Project Martin Luther King Jr. as our hero in these rallies: Please understand that local Amrican people better understand about Martin Luther King Jr. andhis idealogy then M.K. Gandhi. My suggestion is that we should include large picture posters of Martin Luther King Jr. with a slogan "We legals too have a dream". We should also take Gandhi's posters. There is a possibility that all Black American organization may lend their support to us.

    2. An act that attracts media attention: Please remember the scene from Gandhi movie when protesters led by Gandhi peacefully burned their resident permits in South Africa. To do something similar and show our symbolic protest against USCIS, we can publically burn a Photocopy of our H1B approvals (I-797). Please note that we are not asking people to burn the original I-797 approval but a photocopy of the document. This will send a message that taking the great pain in obtaining these legal documents are not helping us getting a better treatment by USCIS. This act will perfectly portrey the pain of legal immigrants and once again will attract media and newsprint to keeps us in headlines. This should be part of our demonstrations.

    3. Waive American Flags: Please understand that recent media reports that only Indians are responsible for the flower campaign may hurt the campaign in the longer term. Please waive small American flags and show our solidarity with local Americans.

    4. Distrubute a flower with a pamphlet to the people passing by at the demonstration site. A well worded paper will be required that can project our problems to the people.

    Please share if you come up with innovative ideas to make these rallies a huge success.




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  • malibuguy007
    02-10 06:24 PM
    Contributed $21 - will do another $21 at 5K

    Payee Amount Deliver By ConfirmationNumber Action
    Immigration voiceIV $ 21.00 02/18/09 8MXJL-95FVF




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  • simple1
    05-05 02:57 AM
    Agreed it is the state dept not uscis.

    We should not mix the interpretation of eb2/3 visas with other immigrant visas including other eb due to perm.

    Could Please ask the lawyer this following question about statedept eb2/3 visa allocation to non-perm derivatives ?
    --
    * eb 2/3 generally require perm except for very rare cases. right ?
    The employer petitions for 1 permanent-employee. With assurance that the 1 person doesn’t displace local workforce (existing citizen and gc). How come state department allocates additional visa (more than approved) to derivative(s) who is not "perm labor certified" from a quota/poll (eb2/3) that mandates labor market test like perm ? (while the actual qualification is fb2a)

    * State department also burns the eb2/3 visa allocated for US-businesses to bring in much needed skilled eb2/3 labor ? while most real primaries wait, the visa gets allocated to non-productive derivatives ?

    Is state dept making mistake ?
    --




    I spoke with our attorney
    He said
    INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.




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  • Vipps
    07-20 02:43 AM
    $100 ,Please work out the financial-mechanics as well.....Ready to contribute more in coming months if the objective of this thread is not accomplished in this drive.

    I will be doing R2I sooner, yet i feel guilty after reading that article.



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  • mahujam
    07-31 02:02 PM
    Just received an email from CRIS, our I-131 was approved. Nothing on EAD.

    Are AP's being approved faster ?
    When did you apply ?




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  • eb3_nepa
    12-11 12:36 PM
    Lets take another view of this "realistic" angle : Its common sense to go after the low hanging fruit first (I-485, filing EAD etc), but what we conveniently forget is in that case we will not have any support whatsoever from the corporates,AILA,health care industry etc. It will have to be a solo effort from IV for which we would need the support and active contributions from at least half of the one million EB applicants affected by this mess. So far, we have piggy-backed on CIR and SKIL both of which were to a large extent driven by corporate interest. If you take these realities into consideration, provisions like 485 etc are not low hanging fruits any more, because we no longer have a stool to stand on. Given the infamous intertia of the lawmakers, introducing our own independent provisions will take a lot more than a membership base of around 6-7K, a contributing base of around 2k and a free-riding/blissfully ignorant base of 900k+.

    Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.

    Most of the time we have to search for bills to attach our provisions anyways. The only problem is that right now all our provisions are either being labeled as "quota increase" or are being attached to "Quota Increase" bills. Try and remember S-1932, CIR and SKIL. AILA will always be after H1 Increase and so will Big Corps. Only this time instead of seperating ourselves as "EB only" we try to piggyback on either "Quota increase" bills OR we try and piggyback on just about ANY bill we can piggyback onto. Most of the times weird bills get combined (S1932 for example).

    If 2006 has taught us anything it should be "Do NOT try and increase quotas and numbers". For starters it takes TOO long to do and there is MUCH more opposition from even the average American. Remember the IV Core telling us how the Anti-immigrant calls far outnumbered our calls during the Recent SKIL bill? Guys even the biggest Corps have been unsuccessful in getting Visa number increases. Do we honestly believe that with 6,000 members who are NOT a voting base (and may never be) + the lack of funds, we are going to do what these big guns have not been able to accomplish? Am I saying we should give up? HELL NO!! All I am saying is, it is time to review our strategy. Over and above all this, if we think that our current course will bring us victory then let the majority prevail.



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  • kshitijnt
    07-09 01:21 PM
    Hello All,

    After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.

    Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?

    OR

    Is being on 1099 while on EAD a bad idea and I should stay away from it?

    Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.

    Thanks all for you replies!!!

    - S

    Nobody is going to promise you more than 6 weeks to 3 months in todays economy. I would say explore the "self employment" option by using EAD. Consult a lawyer and no need to file AC21. Let them find out. Keep looking for better options. All the best!




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  • dixie
    10-18 02:14 AM
    I was in a similar situation .. my employer ended up applying using my bachelor's degree. You can do that, as long as you are not claiming one of the 20000 visas exempted from the cap for masters degree holders.
    As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.



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  • desi3933
    07-09 02:27 PM
    where is the attachment?

    Here is the memo. USCIS Link
    (http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
    Refer to Page 6.


    Question 8. Can an alien port to self-employment under INA � 204(j)?

    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
    ..............

    .




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  • pd052009
    09-23 01:50 PM
    Dude... Whatz up?

    If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..

    "EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.


    EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

    EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

    Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

    P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.



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  • simple1
    05-08 02:31 PM
    we are talking about inclusion logic here. Not the exclusion logic.

    I do see in sec 203 how some one becomes eligible for "eb quota". I dont see ebdependents there. I see only eb primary.

    I am sorry, I am not interested to carry this debate forward for the fun of debating. I strongly urge you to read sec 203. Thanks for understanding.

    Do you see anywhere in INA mentioning that "EB-dependents should NOT be filed in EB-category". How is it a "mis-interpretation" then?

    Again like I mentioned before you can archive the same goal (which you care about) via a different approach.




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  • PDOCT05
    10-16 05:12 PM
    i called uscis and they gave me the rns for ead and 485. but not for ap. they didn't provide any rns for my spouse as not present in the call. checked the money orders at bank...it was not cashed yet....anyone similar!:confused:

    We had similar problem...my son checks were not cashed. Called USCIS and got RN.But the case is rejected...waiting for actual notice to resubmit.



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  • madhu345
    05-23 10:05 PM
    Sent email to all 11 Senators and Webfax to TX Senator




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  • feedfront
    08-31 02:56 PM
    USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D

    I wanted to laugh my gut out.. No wonder, how British ruled us for soooo longgg..



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  • rmscandy2006
    06-23 08:11 AM
    I think -- may be.. it will make some difference.

    on uscis site: contact us: I got this email address.

    uscis.webmaster@dhs.gov.


    I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.

    It will make a different if USCIS receives emails like this... in thousands?




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  • mqualique
    05-01 03:49 PM
    FOIA may be. Btw can you add a poll to this thread to see forum support?

    Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.

    There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).



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  • grimreaper
    11-18 11:55 AM
    Dear XXX
    Thank you for contacting me with your position regarding immigration. It is good to learn the views of my friends and neighbors in northern California, and I appreciate having your input.

    Current estimates suggest that there may be as many as twelve million undocumented immigrants in our country. A balanced approach to immigration reform is needed to contain and reverse this trend. Any solution must protect the United States economy, meet our homeland security needs, and reduce the backlog and wait times associated with legitimate applications for legal entry.

    Our economy relies upon hard working people to perform every type of work, from back-breaking farm labor to high tech jobs, and America has always welcomed workers, foreign and domestic, who endeavor to advance the U.S. economy. It is simply not realistic to expect our economy to continue prospering without providing some mechanism for legal temporary workers to continue their efforts.

    That is why I am a cosponsor of the AgJOBS bill. Our national economic survival relies on retaining the agricultural labor force while bringing workers out from the shadows, a goal the AgJOBS bill helps meet. However, I also believe we should significantly enhance the American labor market by placing a priority on educating U.S. students and training American workers instead of fostering a reliance on foreign workers. Businesses seeking to hire a temporary professional worker should pledge that they have made a good-faith effort to hire U.S. workers first and that the temporary professional worker will not displace a U.S. worker. I believe that these provisions can be met without stifling business and economic growth.

    In addition, true border security can come only from the increased use of manpower and effective technology together with an efficient and judicious legal immigration application process. The indefinite state of limbo in which many applicants for legal American immigration status find themselves is a part of the problem that we can control. By allocating more resources to efficiently process applications, we can significantly cut wait times for applicants and reduce the influx of undocumented immigrants. As Congress considers future immigration legislation, I will factor your recommendations into my decision making.

    Thank you again for sharing your views. I am proud to serve California's Eleventh District, and I am committed to working hard for you. If you would like more information about the issues I am working on in Congress, I encourage you to visit my website at Congressman Jerry McNerney (http://www.mcnerney.house.gov).
    Sincerely,

    Jerry McNerney
    Member of Congress




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  • GCard_Dream
    10-05 12:20 PM
    I am afraid that you might be right on this. Having said that it appears that there isn’t lot of resistance for our provisions in the senate. In fact, we have been able to get our provisions through the senate few times already but we have never been able to get anything out of the house. We tried twice and it always failed in the house.

    So why don’t we try to persuade house to come up with our provisions and that shouldn’t (I hope) have any problem in the senate. If history is any guide, senate has always been helpful to us. Any comment on who in the house might be willing to help us in lame-duck session.


    If the Democrats :cool: win, we will be screwed because the illegals will get all the visas.

    If the Republicans :cool: :eek: win, we will also be screwed because nobody will get visas.




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  • jsb
    11-08 12:42 PM
    I am going to complete my 180 days by 1st week of Decemeber. The company I work for, is offering me a Project Manager position. My labor is filed for a programmer. I asked my lawyer and he told me that they sent a email to Florida State Workforce Agency to classify my new position and depending on the reply he tells me that I may or maynot port my labor.
    Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....

    It doesn't matter what you work as prior to your getting GC, bottom line is, when your GC approval is nearing if there is an RFE for Letter of Employment confirmation from your sponsoring employer, they should reply back saying something like, "...we have an offer for a programmer's job for you on your getting your GC". If you have a problem with that, get a similar letter (with same job description as in original LC) from another employer, and keep it ready just in case. Note that offers have to be to give you a job UPON your getting a GC. Read USCIS clarifications in:

    http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf




    meimmi
    04-23 10:42 AM
    My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?




    forever
    08-03 03:10 PM
    I hate to get into the intricate details of how our receipt notices are going to be processed at NSC,TSC or LUDs etc., But after going through so many threads for 2 weeks, I thought I can write up something on Friday afternoon.
    LUDs: This may mean some processing on our files whether it is approved I140 or approved H1B. My first H1B of year 1998 got LUD as 07/07/07, year 2002 H1B got LUD in June 2007 and I-140 LUD as 07/28/2007. But in the current 485 context, I think NSC is updating our I-140 files based on current residence and putting some flag to segregate files for NSC or TSC. Seeing few threads, what I noticed is if someone living in NSC jurisdiction states like Illinois, Arizona etc, NSC started issuing receipt notices irrespective of where his/her 140 approved. So here is the matrix.

    Living in I-140 approval File destination

    NSC NSC NSC
    NSC TSC NSC
    TSC TSC TSC
    TSC NSC TSC

    If someone has contradictory scenario, please speak up.



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