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  • Jaime
    09-11 04:45 PM
    Email us! We will help you so you can attend the rally! NO TIME TO LOSE!!!!





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  • p_kumar
    02-21 11:31 AM
    thanks for your responses. its just like stock market. who knows what will happen.





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  • Jaime
    09-10 03:53 PM
    By the way, here's a funny (and sad but true) anecdote. I had already been on H1-B status with my current employer for over a year when I engaged HR to start my green card/adjustment of status process. The answer I got from the HR person was "Oh, sorry, but we don't sponsor"...I was frozen! Did not know whether to laugh or cry out loud! "But dear, you already have sponsored me!" I told the poor lady.....

    Funny? Pathetic? WE NEED TO FIX THIS! AND THIS STARTS AT OUR RALLY IN WASHINGTON! LET'S ALL GO!!!!!





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  • retrohatao
    02-13 12:25 PM
    I think I am bit surprised to see not even a single posting as a reply. Believe it or not its huge problem than you can even imagine.
    :rolleyes:



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  • sanju
    04-04 03:49 PM
    are you aware of the fact that IEEE actually lobbied to get a special quota of H1B for US-educated folks? these folks are foreigners and will definitely be competing against these "racist" ppl. Because of their principled stand, they continue to have clout.

    So, only "US-educated folks" are entitled for H1? Is that what you are saying? And only that is a principled stand and rest everything is falsehood?





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  • bkarnik
    07-25 06:46 PM
    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.

    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.

    Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(

    From: Attorney
    Sent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.


    -----Original Message-----
    From: Bkarnik
    Sent: Tuesday, April 18, 2006 6:49 AM
    To: attorney
    Subject: Question..

    Dear Attorney:

    Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
    I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.

    Thanks once again.
    Bkarnik.

    -----Original Message-----
    From: AttorneySent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    Hello BKarnik,

    Your argument is sound, however, U.S. Immigration does indeed adjudicate
    I-765 EAD applications based upon eligibility for filing. Please click this
    link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.

    I hope this answers your questions.

    Attorney

    ________________________________

    From: Bkarnik
    Sent: Monday, April 17, 2006 2:16 PM
    To: Attorney
    Subject: Question..


    Dear Attorney:

    I had a question for you (actually, it is a series of sub questions).
    However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:

    The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
    If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
    These
    regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
    If
    that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
    Therefore,
    the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
    I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.

    With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
    temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
    I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?

    Thank you for your time and patience,

    Sincerely,
    Bkarnik



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  • bigboy007
    06-10 08:43 PM
    I disagree that it effects EB Community for EAD holders. COming on to options if the amendment stands it might take the form of TARP - God Forbid. Everyone of us predicted Financial industry has so much clout etc.. but those days are gone. I think US companies have decided to bend to laws and find ways to overcome them.

    Reg. Options : we are here to earn bread. Just FYI for countries like Canada they have already closed gates. for Ppl who already have PR's over there life is not easy as "is" here right now in getting jobs. Moving the all operations to different country is only possible for companies like Microsoft. not all. btw no one will hire undocumented.

    So we need to really motivate ourselves and friends against this headless draft version. This is not first time it came in to light everytime there was a immigration issue it used to come on top. But it failed as climate was cordial for immigrants or economy was good. Things have changed far far beyond in 2008 and TARP bill restrictions is one example where companies decided not to hire H1B at all (mostly) even it applies to TARP recipients.

    My thoughts.

    Guys,

    Don't fire up on my comments given below.

    I agree that ALL of us irrespective of EB category will be impacted if this proposed bill becomes a law.
    Just step back and think for a minute, what is the impact on the US companies due to inability of his bright workers to continue working in US? Will US businesses sit tight without raising any concerns? No way...
    This is just an eyewash to get political mileage. No matter what degree of love-hate relationship exists between voters and politicians. Certainly, political power cannot, and never will, have a brazen bill such as this, that will hurt American economy more than anything.
    Let's assume for a moment that hypothetically this becomes law...
    What will we do? Some of common options:
    - Move to immigrant friendly country, OR
    - Return to mother land, OR
    - Company will move its operation, and you, to continue its operations, OR
    - look at alternate legal ways to stay in this country until situation changes, OR
    - Become undocumented alien :D

    Guys, we still have options but US of A has too much at stake to make this text into a law.

    Please don't get me wrong, I am in the same boat as all of you. It's just my 2 cents.

    bhattji





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  • gg10004
    03-17 07:07 PM
    PD September 2002 EB3 India



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  • GCchakravyuh
    09-19 11:13 AM
    First, I would like to congratulate everyone who contributed to the success of the DC rally on Sep 18, 2007...

    I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!

    We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.


    1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.


    2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...


    3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..

    Also, all our T-shirts should have
    "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back

    4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...

    5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"


    We cannot be perfect the first or second time....Lets learn from this rally....


    A pat in the back to all those who attended the rally....

    Good Luck


    yes this is what has been worrying me, ever since i became member of this esteemed organization. With the illegal immigrants also fighting in the same era, I fear IV is not misunderstood & hence misjudged. Lets really really change the name to LEGAL IMMIGRATION VOICE. That way these desperate, justified efforts will get more coverage. Hope it makes sense to the managers of the IV





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  • coloniel60
    08-15 04:13 PM
    In fact better than expected for EB2

    Nothing new. Whoever is eligible to apply in Sep has already applied except for a few unlucky people stuck in BEC.



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  • sreedhar
    03-16 12:51 PM
    My Friend...Applied his Labor on EB-2 in MAR 2005. His labor approved and applied I-140 & I-485 in AUG 2007. His I-140 Got approved. He said his lawyer accidentally filed his I-140 in EB-3. Because his I-140 approved notice Type has the message like "Skilled Worker or Professional, Sec. 203(b) (3) (A) (i) or (ii)". Is this is true....? Thanks for early reply.





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  • nirenjoshi
    01-18 10:09 AM
    In addition, only 2 out of the 100 pages have any useful content. Most of the posts are attitude problems.
    Just signed up for $20/month..
    Subscription#S-8CN546654G0240130



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  • nlssubbu
    09-28 02:19 PM
    Yes, thanks for all your comments, and I would only request everyone to participate more actively on IV stuff. Start building your state chapters, spread the message.

    When IV was expecting 10000 people for the rally only 2000 + came. It is obvious that America needs us and we need America and we must all unite to make this a better place.

    Jane - your points taken. But, it is not all about rasicm. In a cosmopolitan society, everyone is same. It is just the fact that the communities from the majority opposue us.

    A good example is Ron Hira. He is 100% Indian immigrant. He has been one of the architects behind the Durbin Grassley provisions.

    So many people who work against us are the recent green card holders. A good example of such people who lurk in our forums is Senthil1. He got his green card and wants to do as much damage as possible for future immigrants, so that he is always in demand and does not face competition.

    Since 1970s Indians and Chinese have migrated as doctors and engineers and have been in top positions here. If you are trying to immigrate today - you are a direct competition to their children who are raised here with comforts, they are the ones who influence the govt with restrictive policies.

    Recently Jay(logiclife) was on a radio station and the person interviewing jay was a radio jockey of Indian origin. He is definitely not the highly skilled types, and he was behaving exactly like Ron Hira types

    Hi Chandu,

    Not all GC holders are against the aspiring GC seekers. In fact, I am promoting IV actively to many older GC holders and exposing how bad the system is now when compared to their days. [Say from 10 years ago]. I am trying my best to help many, who are in line with what ever little knowledge I gained during this process. I will be happier one and only if this broken system is fixed and the process is made transparent. I only wish that this will happen during my life time :p

    Thanks

    PS: I did not had IV during the time when I started my GC process :mad:





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  • k3GC
    11-10 10:06 PM
    IV has people on the national advisory board that include the previous USCIS ombudsman, what is their take on this? I have not seen any thoughts from such experts that support this organization on this issue of quarterly spillover



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  • go_guy123
    05-26 07:38 PM
    I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
    Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
    "I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..

    I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
    So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
    Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
    Well I am gonna get more reds.. but I dun care.


    psaxena....you are the man....or woman (i dont know). every line is true.





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  • mpadapa
    09-26 09:25 AM
    This is CNN at its best.. Twist the facts to drum up their own agenda
    IV needs to contact the editor and educate him on immigration issues..


    Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
    I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.

    http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606



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  • geesee
    01-16 05:18 PM
    ...
    For GC holders I don�t know how you guys felt when you received your GC, I felt at that moment I got my citizenship.
    ...


    Good one :)

    I can certainly feel the tension that you shared in your story... recently we had few layoffs in our group...and i had to go thro the same.. more than GC, these days i am really waiting for some improvement in overall market...





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  • mheggade
    07-14 01:22 PM
    link does not work





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  • thesparky007
    02-16 08:55 PM
    so!!!!!!!
    none of them is free???





    saimrathi
    08-15 04:02 PM
    This is already on another thread..!!!

    http://immigrationvoice.org/forum/showthread.php?t=12391





    rockstart
    03-12 08:36 AM
    To be able to use the AC21, should the I-140 be already approved for 180 days or more?

    No its 180 days since receipt date. It is safe that your I40 be approved but not necessary. The other condition is you are working in same/ similar job profile and you are getting wages equal or higher than what is mentioned in your LCA.



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