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  • nixstor
    07-03 05:25 PM
    nixstor,

    they have considerably raised the bar for EB1 A and EB1 b to discourage people applying, but I suspect that if you run a trend, EB1C is on the rise. I think you might be surprised about how often it does actually happen.
    I half expect EB1 to be retrogressed at some point. There is a big backlog of pending !40's in EB1- NSC is running over a year behind.

    albertpinto:
    it's a whole of 365 days. people do it, i have seen it happen. what makes you think a big multinational has to send you to india? you could go to a european office, your family could stay behind, you could be sent to an english speaking country, kids could be young enough...there are a million ways to deal with this inconveneience when the rewards are clear. even now, people in consulting travel all the time, they are hardly home, so what's the huge difference in being across the pond (you get to travel back, your family gets to travel there)? sure, not for everyone, but when possible, this loophole is very much in use.

    Paskal,

    It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.





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  • abcdefgh
    01-17 08:17 AM
    Pappu:

    Can we post link to this thread some where on every page so that who ever visits IV sees this thread right away? May be in different color or in some way so that it stands out. It looks like this thread is lost among all other threads.





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  • pappu
    02-18 01:14 AM
    Thanks for the conf call.

    http://immigrationvoice.org/forum/showpost.php?p=49150&postcount=6





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  • coolmanasip
    03-07 10:43 AM
    Yates Memo clearly says that ability to pay should not be a factor.....read below......

    Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?

    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.



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  • jkays94
    07-10 02:39 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.





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  • Macaca
    09-26 12:38 PM
    Don't Drag India into everything!

    Please, Have an open mind. Don't make statements like this.

    IV has people from across the globe and each country has its own issues. We are trying to deal with the issues in the US and lets focus on that and not drag in other countries as examples (good or bad).

    Thanks for saying it. Please do not hesitate to say it again and again and again ..., for

    To sin by silence
    when they should protest
    makes cowards of men
    Abraham Lincoln



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  • Jimi_Hendrix
    12-13 11:40 AM
    I think you should write an e-mail to the core team to get their attention on this idea.





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  • go_gc_way
    12-27 10:52 PM
    Thanks Pappu.

    IV members :
    Need help !! .. finding regional web sites. As an example
    atlantadesi.com in Atlanta.

    I have listed cities below , can IV members help find regional web site of the cities below, then we can post in the sites .. We need to take these action items with a SENSE OF URGENCY, just like we MADE CALLS in Lame duck. PREPARATION IS IMPORTANT, INCREASING MEMBERSHIP WILL HELP SOLVE MANY PROBLEMS APART FROM FUNDING.

    LET'S COMPLETE THIS EFFORT ASAP.

    I am bumping this thread , with a classified in atlantadesi.com

    Cities ,I am looking for most popular regional web sites.
    1)New York
    2)Los Angeles
    3)Chicago
    4)Houston
    5)Philadelphia
    6)Phoenix
    7)San Antonio
    8)San Diego
    9)Dallas
    10)San Jose
    11)Detroit
    12)Indianapolis
    13)Jacksonville
    14)San Fransisco
    15)Columbus
    16)Austin
    17)Memphis
    18)Baltimore
    19)Fort Worth
    20)Charlotte
    21)El Paso
    22)Milwaukee
    23)Seattle
    24)Boston
    25)Denver
    26)Luisville
    27)Washington
    28)Nashville
    29)Las Vegas
    30)Portland
    31)Oklahoma City
    32)Tuscon



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  • bharol
    07-28 01:16 PM
    can the person who started the thread tell me how is this issue related to Green card backlog or any other immigration related issue?
    :mad:





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  • vicks_don
    01-26 08:28 AM
    I think lot of things happened..1).our provisions are included in the CIR Bill Last year 2) Our provisions are in the skill bill 3) Atleast I guess 100 politicians know about our problems now

    ALL OF THIS IS BECAUSE OF IV

    Its only the last step that was not successful because of illegal immigration..

    Hopefully we can get that done this year..



    dear friend,

    we would all like something to happen. but not everything is in our hands. nor do these things happen easily or quickly. the issues involved are now deeply emotional and political. much of what goes on is in the background and not for public consumption. there is a certain expectancy over immigration reform this year, we cannot afford to waste the sliver of opportunity that may present.
    let me put two things to you simply:

    1. if you keep waiting for "good news" to make your contribution, and if enough people think like you, well maybe it will never come. you see, the whole thing about iv is that we are trying to make our own destiny. without effort there will be no fruits. many people are making significant efforts, may be you have missed that on your visits to the forum. without the help of many more though, we are sunk.

    2. your contribution is intended to create "good news", it is not some reward you hand out after success begins. i realize that you are feeling low and frustrated. please join this effort in earnest- the best way to feel positive is to know you are making your utmost effort. not just money, bring in members and join a state chapter, meet lawmakers and help with campaigns on the forum. If everyone did these things, we would be unstoppable.

    please think about it. you have been waiting for months to see results from others hard work. maybe it's time to jump right in.
    thanks for reading...



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  • sam2006
    01-16 07:21 AM
    50$ sign up from me

    and 20$ will come biweekly





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  • jfredr
    08-15 02:36 PM
    i think visa bulletin is history



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  • 3d Nirvana
    03-07 06:31 PM
    sry guys, i have to pull out. I have a big essay that has been assigned and i cant spend the time needed to make a good entry. sry!

    i'll make one later and just post it in showcase :)





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  • desi3933
    03-10 02:55 PM
    From July-07 fiasco DOS and USICS work very closely on VB, I am referring to USCI and DOS. And USCIS is the one who influence DOS decision.

    Let me ask you again, there are two "they". Same or Different?
    Here is your statement again
    >> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.

    Remember, this is a trap question.



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  • sw33t
    05-27 07:56 PM
    There seems to be a lot of misconceptions on what to do when stopped by CBP (Customs & Border Protection), colloquially known as "Border Patrol".

    Border Patrol Agents are federal agents and answer to no state/local authorities except their own. Despite misconceptions on their authority and the civil rights issues of road blocks, Border Patrol agents are authorized to detain and make arrests based on the following -

    a. Inability to establish identity
    b. Inability to establish immigration status
    c. Trafficking - Narcotics, Weapons, Tobacco, Alcohol etc. etc.
    d. Detain/arrest felons with federal warrants
    e. Enforce laws related to trade agreements/customs

    As far as what gives the CBP the right to stop/search you,

    Search Authority (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=Jt4f8Uyj&p_lva=74&p_li=&p_faqid=25&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MiwyJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUgxQg**)

    "The Congress of the United States has given U.S. Customs and Border Protection broad authority to conduct searches of persons and their baggage, cargo, and means of transportation entering the United States. This authority is contained in Title 19 of the United States Code, Sections 482, 1467, 1496, 1581, and 1582. For further information please visit the Inspections Section on the Customs and Border Protection website. "

    As far as making photocopies (Colored / B&W), pre-June 1st, 2009, the law clearly stated that photocopies of official US documents cannot be used as proof of valid status. If you read through most official US documentation (fine-print), you will see this printed. Aside from being charged from counterfeiting US documents for purposes other than official purposes (application to a US agency), Border patrol will reject such documentation. The only exception after June 1st, 2009 is the following -

    "June 1, 2009: ALL persons*, including U.S. citizens and Canadian citizens over the age of 15, traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries), will be required to present a valid passport or other document such as passport cards, NEXUS or SENTRI cards, or driver's licenses that meet certain security requirements. Children 15 years of age and younger are exempt from the passport requirement, although they will be required to have copies of their birth certificate. (The copy does not have to be certified, xerox copies are ok, but certified is always better.) Teens between the ages of 16-18 who are part of an adult-supervised school, religious, cultural, or athletic group, are also exempt from the passport requirement if traveling by land or sea."

    You will be detained if the Border Agent decides that there is enough suspicion to do so but it is up to the discretion of the agent. Technically, you are supposed to carry documentation, IN ORIGINAL. Some exceptions are those who have a valid Driver's License from states who have implemented the "REAL-ID" act.

    This is the official FAQ on what you need to carry by the CBP. (PLEASE READ THROUGH IT).

    Documents to carry while traveling (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=572)


    And please, DO NOT LIE when being questioned. Getting pulled over by authorities can be a nervous experience but always take a deep breadth before you answer a question. Agents are trained to spot physical signs of an individual concealing the truth. YOU WILL BE DEPORTED if you do so & denied entry for 10 yrs.

    When stopped, hit the emergency blinkers and place your hands on the steering wheel and ask the occupants to not make any sudden moves. If you are carrying documentation, let the agent know the same and tell the agent where it is located and seek his approval before reaching out to get the documentation.

    What to do if you wish to file a complaint because a CBP officer was unprofessional/rude?

    File a Complaint (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=MIxTbUyj&p_lva=572&p_li=&p_faqid=29&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NCw0JnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PXJ1ZGU*)

    For more unofficial information on road blocks, the "Roadblock Registry" is an independent website that documents the politics of "Road blocks" in the US.

    http://www.roadblock.org/whattodo.htm


    Most of all, please drive safe and don't drink & drive near the border.





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  • kumarc123
    03-12 12:59 PM
    u would think..... that everyone follow action items...... then y would we be in this mess if everyone is doing what they should......

    i think greyhair, you, kumarc123 are all part of the problem...... let me re-phrase that.... u r all a disease plaguing this eb community...... everyone has their own little petty reason for not participating...... so just eat taco with u'r $25, no need to think over.... keep volunteering me for doing things for u.... i don't care much for this bickering back & forth.... so leave me alone & let me enjoy my friday....

    Excuse me who are you calling a disease?

    who has given you the right to name call, when I have not used any profanity words? Please choose your words carefully, as it does not reflect a good reputation on part of a person who is trying to make a point and bring awareness.

    Just because you have 1485 filed much before your PD and have the better half of the situation, does not allow you to be an advocator on behalf of IV.

    The question was means for IV and PAPPU, and to galvanize this organization to do something big, than take things for granted.

    Thank you



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  • kutra
    07-21 10:03 AM
    once you get past the I-140, the typical reasons for denial of I-485 are some criminal background, out of status >180 days, mistakes on forms etc.

    IMO a simple case would be someone who:
    - has never changed employers
    - was employed with a large US corporation which is more likely to have paid him his salary every month (as opposed to a 3-4 person company where getting hold of the W-2 is the only way to confirm).
    - was never denied any application (change of status / entry to US)
    - has clear medical records
    - has clear documents related to birth certificate

    Complicated cases are when:
    - someone has repeatedly changed and employers since entering the US. The IO will need to make sure status was maintained throughout all those transitions.
    - some document was not submitted, or not submitted with transalations/affidavits etc. Commonly birth certificate issues.

    You are correct. Unfortuantely, they are not looking for these "ripe" or "low hanging fruits" cases in a FIFO order. It can be highly exasperating when a "ripe" case with a March 2006 PD gets approved when "ripe" cases with PDs earlier than 2003 are languishing! That really makes the whole system even more unjust.





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  • Almond
    07-05 01:50 PM
    1) Moderators have the ability to delete stuff and the rest of the IV members need to smart up and not answer off-topic questions
    2) About PMs. It is up to the receiver of the PM whether to answer it or not. EVEN better NO PM for non paid members :)


    Oh, you are just mean now!:p

    I think there should be a big a** button on the top of this screen that says "donations for immigration causes" or whatever and those who feel they can afford to do it will do it, otherwise making paid membership a requirement will severely cut down on the number of people coming on here. Makes no difference to me, there is tons of forums like this online. This is my favorite so far though.





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  • new_horizon
    10-20 02:36 PM
    I missed on some of the conversation here
    - '92-'00 was a good economic time because of the dot com boom.
    - the repubs were in charge of the house and senate, and they helped in part to frame/pass the policies during that time.
    - the housing sector debacle started in the clinton era, when the dems pushed the fannie may & freddie mac to lower the lending standards to give loans to the people who couldn't afford it. though it sounded like a good objective they all knew that at one point it would boomerang.
    - the dems did that for their own purposes:
    1. to gain the support of the lower income/middle income population which they did.
    2. to fatten their own wallets-they changed the compensation rules so that the more they loan out the more their compensation. the dem guy in charge of the loaning agencies earned 90 mil in 6 years.
    3. the top two beneficiaries of contribution from fm/fm were guess who chris dodd & barck obama (barack got 130K in just 3 years). not to mention the favorable interest rates on their mortgage loans.
    - the US has prospered so far because of its capitalistic philosophy. it has advanced innovation, and entrepreneurship, because innovators know they'll be compensated for their hardwork. barack recently claimed he want's to spread the wealth around which is a socialist philosophy...you've seen that in the communist countries (no growth, poverty, and low standards).
    - barack has had no accomplishment at all...no executive decision made, no major legislation (bills) introduced or passed (let alone through bipartisan efforts). so all of a sudden to assume he's going to bring change is ridiculous. hillary would have made a better president of course the press decides/controls everything now.
    - look at the huge spending plan he has (free giveaways to everybody)...to fund that he'll tax you and I (take away whatever money we've saved).
    - he's ambiguous on everything...he changed his initial position on almost everything, and not just once (again according to the audience)

    I don't think we need to go thru all this again. all i care now is my gc, and I don't think obama is for it. even if he says he's for it, you can't trust him. he'll change his position when it becomes unpopular.

    again be rational in your thinking.

    p.s with the limited time I had I wrote all this...so don't pounce on any gramatical errors (of course the dems like to do that).





    mrane1
    03-15 06:30 PM
    C'mon guys, what the hell have you been doing for so long?

    I mean look at the archived Visa Bulletins, you observe the following:

    1. EB2 was current for India ALL THROUGH 2003
    2. EB2 was current for India ALL THROUGH 2004
    3. EB2 was current for India till August 2005
    4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007

    5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months

    What more do you wish for?
    I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.

    This is pathetic. What the hell have you been waiting for?

    Dude, No one has been waiting on purpose! Do you even have a clue what was going on in 2002/03/04/05... Even though numbers were current the Labor process used to take 3-4 years! If your labor is not clear then having 485 current is not going to do much... The perm process was started in 2005!Just consider yourself lucky that atleast you have an organization like IV working for you and they was instrumental in gettin atleast EAD for you and your spouse!!





    kishdam
    03-14 10:15 AM
    Can we as IV community do something about this? ie communicate this to USCIS and have them clarify this with a memo and FAQ?

    Yes it would be great if IV core can take up this matter with USCIS - please dont wait on administrative reforms to happen - the whole package might take time. But most of us - July07 filers - will be looking at EAD renewals soon and if USCIS delays the processing many of us would be in soup.

    It would be great if USCIS clarifies on interim EAD and what the applicant can do if a EAD application remain in pending status.

    chandu - can you please bring this up with core (I will try to get it visibility in my state chapter). Thanks.



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