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sc308-20 02:50 PMThe item mentioned above is for EB2, meaning any spill over to EB2 is from unused EB1.

for EB3 the ACT mentions the following

Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

The meaning is EB3 gets all unused from EB1 and EB2... This is the catch, does this mean spillover from EB1 after EB2 catches up (or) spillover from EB1 even if EB2 is not current..

If they have done spillover from EB1 to EB3, even when EB2 is not current...we can give this a try.

Sorry for the confusion...Just got excited and went over the allocation of visas from the ACT

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe

It actually comes down to the language. I haven't read the rollover from EB to FB (if at all it happens), but look at the language for EB1. It talks about regular number + any not used by EB5. The language for EB5 is lost when it trickles down.

Does it mean: 1. EB5 can only be used by Eb1 and not rolled down further?

or

2) Does it mean that any of the EB5 unused numbers that are also not required by Eb1 rolls down to EB2.

If it is choice 1, then I suspect we have no case. If however, it is choice 2, then it is clear through the language that spill over Eb1 goes to Eb2 and EB3 at the same time. If not, based on the language of EB1, Eb3 would have just said "unused numbers of EB2", which means it would use Eb1 numbers only if Eb2 did not need them.



Suggestion to go via AILA is a good one, but do we have contact into AILA??



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GCapplicant06-29 04:16 PMDamn this green card-If its true-What are they thinking screwing our lives-torture-saddistic I hate this man-thats the limit-all these years we wait-they have no word of honour-selfish cruel people.

Back home we spend so much for our govt for our own education -here no respect for us-I feel really hurted this time-Staying at home in H4 is a torture-



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illusions07-09 10:22 PMUSCIS has decided that the flowers sent by skilled, legal immigrants to director Dr. Emilio Gonzalez will be forwarded to injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.

We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".

---------------------------------



Amen.



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file48501-13 07:15 AMplease check on numberusa, they have updated site and are talking about Senator Spectors new serious immigration plans in Feb...

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bluez2507-11 01:59 AMhttp://news.monstersandcritics.com/usa/news/article_1328455.php/Indian_green_card_seekers_in_flowery_U.S._protest



http://www.reuters.com/article/politicsNews/idUSN1035511020070710



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anilkumar090208-15 12:21 PMhi Guys
Some one please tell me how to open an SR.. the number on the reciept is 800-375-5283

MY priority date is Feb 2005 (EB2 India) and Notice date is Sep, 04, 2007

The other day I took infopass but it was useless.. Any help in how to open an SR is highly appreciated guys

thanks

After hearing your case details on the automated system..you will have to Press 3 and then you can do it yourself. Explain to the customer service rep that your case is outside of normal processing times..etc. Keep us posted what happened.

Try it .All the best.

My PD is Oct 2005 (EB2-I) and i am also waiting .

Cheers

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jamesbond00711-04 10:14 AMAdmin: If you like you may please close this thread.
Final update on this issue.

Here is what I have been told. Please feel free to check with AILA or your lawyer. They may have more info.

In general, if an employer applies for a permanent labor certification for an individual with the Department of Labor (DOL), while DOL has already certified one or more positions with same or different employer for the same individual , it will be subjected to more scrutiny to prevent any fraud.

Thank You and Good Bye!
Happy Porting !

I think multiple labors has multiple faces:
1. Good talent is sought after. So if one is really good, multiple companies would want to get them to work for them. That would result in multiple labor petitions.
2. Individuals who are scared (company not reputed; they had issues in the past; or any other reason) tend to approach multiple companies and have them file a labor for them as a "backup".
3. Someone gets laid off from their initial sponsoring company finds another sponsor and files a subsequent labor.

If DOL scrutinizes such petitioners more than others, then its good. That will weed out pretenders; but also on the other hand, that will put genuine candidates petiotions into a pre-adjudicated state.

But I do not think a government agency can risk getting caught doing that. Their motive has to be to build standards that can be applied equally to all applicants across the board. They should be able to catch issues with any application, not just of those who are doing multiple LCAs.



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lazycis10-18 01:29 PMWould appreciate if anyone can reply to my question....

Credit report check is not part of the name check.

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sc308-21 01:13 AMHi guys,

Sorry, I bit the bait and got off track. Let us focus on the issue again. Let us agree on a time line and act accordingly.

I would say, this week we work on drafting the letter (I took a shot at it, available @ page 2). Having 2 or 3 differently worded letter would probably be nice, but not necessarily.

Next week we start mailing the letters. We have about 500 responses in the poll for EB3, so if we can get most of them to send the mail (email/fax whatever), it should be a start.

We probably should start drafting a mail for our representatives/senators too, so that they too can follow up with USCIS.

We will face a lot of opposition, ridicule and nasty posts, but we should persevere if we want to get our GCs any time soon.



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chanduv2304-24 03:16 PMBig companies like TCS cannot split or start another company as everything is associated with Brand name and other stock market regulations. They will be forced to hire citizens/GC holders with H1bs if this bill is passed in same form. USCIS will take care of small Indian bodyshoppers by RFE and asking client letters etc if they start multiple companies. Of course there will be loopholes our Indian companies will find in any law but still it will clean up H1b and L1 atleast for some extent.

I agree. Sometime back when I was actively looking for jobs, Infosys was hiring local candidates which means EAD, GC and Citizens trying to augment their workforce with local candidates. As I was on EAD they asked me to come for interview. The salary level they were willing to offier is so low that it will just never work out and I did not even go forward.

If these companies want to hire local candidates -they cannot treat them like they treat h1 or l1 holders - it is going to be interesting.

On one side they need to be in business and on other side they HAVE to hire locals which means lesser profits.

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k_usa06-27 01:42 PMHi ,
I left the SSN for my wife blank in I-765
My attorney told me to fill in ITIN # if available.
My wife is on H4 and she do have ITIN#.
I am confused.
Can anybody please clarify.

Thanks In advance


========================
Contribution so far - $100



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rsharma06-13 09:40 PMI never said raising this issue is illegal. BTW I was not replying to "l1fraud". My comment was directed at "dilipcr" who is of the opinion that Grassley's bill is good and IV core and the forum should support it so that he can have a secure job.

BTW is l1fraud or others raising this issue out of love for law ? no way. That was my point.

The L1 visas done by the outsourcing companies are the main reason for the employment problem. These companies like TCS, Wipro etc.. bring people in L1A, L1B blamket visas to do the common development/Business Analysis/Project Management job in the client site.

There is no quota for L1 Visas. They can bring any # of people they want. Per law the L1A s should be of senior managerial position with at least 4 subordinates working under them in US and L1B should be of specific skill very important for the project and not available in US. But the most of the L1As from these companies are just programmers/BAsor small PMs. They are directly controlled by their client manager.

The main intent of these our sourcing companies is to send the employees on L1 and the employees are constantly told to somehow transfer the project to offshore.

The L1 frauds should defenitely be reported. I totally support this initiative to report the L1 frauds committed by these outrsourcing companies.

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abuddyz02-29 08:21 AMhere are some updates..

i received reply to my inquiry email from mumbai consulate. and they wrote following in email

"Please wait till you get an email from us.

Mumbainiv/vd"

I also visited the inquiry window at mumbai consulate personally and here is the coversation I had..

me: I had my H1b visa interview on feb 11 and I want to know the status of my visa.
she: what is your name (did something on computer). it is still pending for verification
me: how long will it take?
she: it might take another 1 or 2 weeks
me: i was initially told that it will take only 1 week and it is already more than 2 weeks.
she: it takes time
me: what is the procedure to withdraw my visa application
she: if you withdraw, how will you go there?
me: i have advance parole document with me
she: it is advisable to wait for this visa. if you go on advance parole, you might be inquired at port of entry.
me: i have to find some other option as my client is waiting there.
she: if you want to withdraw, you can send an email or you can come here personally but it is advisable to wait for this visa (she said it again).
me: (i again asked) so i can withdraw and then go back using advance parole?
she: as I said, it is advisable that you wait for visa

I hope this is useful to everyone..(i have decided to wait for the visa and not use advance parole)



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Nil03-10 08:44 PMBTW guys,

Thanks for those who think the idea has merit.
i suddenly see a red dot against my username for trying to think out of the box:
"please dont be foolish and waste everyones time with ur insane proposal? thanks"

It is OK - whoever wanted to go this length. FYI, 'have been a member of IV and a donor since inception. Is anyone from the core who thinks this idea is insane?

Like-minded folks - let us work on it
How about having a list of action items and getting an opinion from the IV core on them?

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Nil01-04 11:45 PMVery true - ultimately naturalization is the goal for many. Green card is the only first legal step.
Hopefully far-sighted folks will support this thoughts.



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gc_on_demand09-16 10:03 AMSingle Person's Effort Makes Difference
Everyone should try.

Please call committee memebers and local congressmen/women

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somegchuh04-17 05:17 PMThanks for the replies fellas, this isn't a renewal I am talking about. This is the first time I have applied for an EAD. BTW, does anyone know what's involved in converting from H4 to EAD status i.e.
1. Do you need to apply for SSN before you take a job offer?
2. EAD by itself is enough to accept employment?
3. Can you take jobs/resign as and when you please or do you have to somehow get back to H4 status if you quit job on EAD?
4. Does use of EAD by H4, change non-immigrant status of H1 worker?

Thanks



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newtoearth06-16 03:29 PMOf course, person on L1 status can work at client site as long as he/she is directly managed by company that has sponsored L1 visa. They can not be directly managed by client. That is the restriction. Have you even read posts in this thread?

FYI, there will be a manager from TCS/WIPRO/IBM side to whom all these L1s will be reporting... This shows your poor understanding of how an Indian company is being operated...
They will "work" with client MGRs but report to employer MGR....:D



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gondalguru07-15 11:37 PMI have two I-485 pending. Both filed by me.

One is based on National Interest Waiver for physician I-140 (self petition). The second one based on PERM I-140.

Both I-140 are approved. Both I-485 pending one since 11/04 and second 7/07. Fingerprints done for both and medicals done for both.

First I-485 needs total 5 yrs of service in physician shortage area (which will be completed in about 6 weeks)

Does anybody have similar situation. What to expect now. I have PD of 9/04 on both the cases. Dates will become current from August 1st.



javadeveloper01-09 04:06 PMWe have it in about us page if you scroll down
http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47

Immigration Voice Achievements

1. September 18, 2007
1. DC Rally: Thousands of high-skilled immigrants march in the US Capital!
2. Lobby day: IV volunteers attend close to 125 meetings with lawmakers� offices to lobby for congressional intervention
3. Paid Advertisement in the Roll Call- the newspaper that covers the Capitol Hill
4. Media coverage: New York Times, Washington Post, Yahoo, BBC, OC Register, Business Week
5.
2. July 2007 Visa bulletin reversal
1. IV breaks the good news!
2. Flower campaign

i. USCIS takes note of the flower campaign

ii. Media coverage: Business Week, Reuters, Washington Post, New York Times, NPR, Others, Video coverage

3. San Jose Rally

i. Media coverage: Business Week

3. CIR 2006: Manager's amendment
1. IV lobbies to ensure that this amendment contains favorable provisions for high-skilled immigrants
2. The amendment was PASSED, although the bill itself did not survive
4. Access to lawmakers
1. IV is in close contact with Hon. Rep. Zoe Lofgren�s office on several issues related to Employment Based Immigration
2. IV closely worked with Hon. Rep. Zoe Lofgren who played an instrumental role in bringing about reversal of July Visa Bulletin
5. Contact with USCIS. IV was the first one to bring news of the July 2007 Visa Bulletin reversal
6. IV Spokesperson invited to conference at top US University
7. Only organization FOR high-skilled immigrants BY high skilled immigrants
1. Most visited site by high-skilled immigrants in the
2. Number of registered members has risen from 50 to 25000 in less than 2 years! The following are approximate figures:

i. 1/2006: 60

ii. 2/2006: 600

iii. 7/2006: 4500

iv. 1/2007: 7500

v. 7/2007: 15000

vi. 8/2007: 20000

vii. 11/2007: 25000

I may be wrong but we should have achieved more than this ... Let us know what we have to do to make this happen



snathan11-27 11:22 PM.
Originally Posted by ashkam
Lost in all this is the fact that Punjabi wants to sell his house not because he cannot afford it anymore, but because he wants to move to a different city to a higher paying job and can't be bothered to take responsibility for his failed real estate venture. He could have done the ethical thing and stayed in his present job and paid off his loan but he is choosing not to. And who does he blame for his situation? The concept of the "American dream". So the fact that he wants to shirk his responsibilities in favor of foisting his own debt onto the rest of the country isn't his own fault, it's the "American Dream" that's making him do this. It's not exigent financial circumstances that are causing him to foreclose, it is greed and shortsightedness (colloquially known as "The American Dream"). Greed and shortsightedness already caused him to go 20K under the water. And they will now make him screw up his own credit history. If someone cannot learn from one mistake, I say let him keep making mistakes. He will soon find out how difficult life in the US can be if you don't have a good credit history. As for the burden on us taxpayers, hey, we've been spending 10 billion a week for the past 5 years dropping bombs on people, what's a mere 20K?

If you are fooled once, blame it on others.
If you are fooled twice, blame it on yourself.

He didn’t think twice before buying the house. He bought because everyone was buying. Now he wants to foreclose because everyone is doing. Punjabi is not ready to learn from mistake.

Aleast let us learn from him. Punjabi, please go ahead and do what you want(Foreclose). Also please update this forum with whatever you are going through. It might be helpful for others atleast.