Sunday, June 12, 2011

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  • waitin_toolong
    09-22 12:46 PM
    Yes, You Green Card would evaporate after 3 months. Do not take 50% cut!

    what do you base this on





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  • Blog Feeds
    08-08 09:40 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgeVNim9VGG5xtVmCpIwPKkPuBPsJZIBnZpcKYrPNcIk_I_DcpaVQQxgE48JjWT_C6vrlFmnS_noGWQ9DJaIom385dPUZKCpWrbyvQRMWaR3FUtx5LnX0d1bzfJ3A7W-w0cehVeV71uEoc/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgeVNim9VGG5xtVmCpIwPKkPuBPsJZIBnZpcKYrPNcIk_I_DcpaVQQxgE48JjWT_C6vrlFmnS_noGWQ9DJaIom385dPUZKCpWrbyvQRMWaR3FUtx5LnX0d1bzfJ3A7W-w0cehVeV71uEoc/s1600-h/investigator+image.jpg)
    As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."



    Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"


    The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.

    She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.

    It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.

    The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.

    You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?


    What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)





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  • chanduv23
    09-14 10:22 AM
    Cause i cannot make it to the rally.

    And why not?





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  • gcretroiv
    04-26 04:56 PM
    Brownback rescinds immigration bill support

    http://washingtontimes.com/national/20070425-110212-8486r.htm

    Look at this story. Sen Brownback, who supported last year senate passed CIR, now turning back. Sen. McCain already back off.

    "I would not vote for the same bill," Mr. Brownback told reporters yesterday morning, saying that after the bill passed the Senate he had a chance to study its effects and decided it led to too much immigration.
    It's a major reversal for a man who is listed as one of seven original sponsors of the bill, along with Sen. Edward M. Kennedy, Massachusetts Democrat, and Sen. John McCain, Arizona Republican, who spearheaded the bill.



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  • LC2002
    04-14 11:00 AM
    Conguratulations...do you consider to donate anything to IV...

    Thanks, sure.





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  • kirupa
    07-21 03:12 AM
    Well, I'm pretty biased since I work on the Expression Blend team :beam:

    Silverlight is a great alternative for the numerous developers who already have knowledge in C# and want a way to port their desktop applications to run on the web. Silverlight 2 is basically a lite version of WPF which is quite a powerful framework for creating desktop apps.

    The combination of Visual Studio for coding and something like Expression Blend for the design makes creating Silverlight applications extremely simple - especially for the numerous individuals out there who don't have any knowledge in ActionScript but do have a more formal background in Java, C++, VB, etc. You can even import and use assets created in 3rd party apps such as Fireworks (which is what I do), Photoshop, etc. as well.

    Temp - you do know that Java is probably one of the most widely used platforms a whole host of applications right? :P



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  • Singer
    10-22 01:12 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer





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  • India_USA
    09-20 09:24 AM
    http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=1600298

    send your questions to the above thread



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  • neeidd
    10-15 11:44 PM
    I had the same experience. However, my POE was Miami. No questions asked. My spouse and I just waited (with our USC daughter) in secondary inspection till they called my name and handed over our papers to me.
    Thanks for your response





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  • EndlessWait
    05-21 02:20 PM
    I don't want to discourage you, but IV has looked into all these options earlier and has realized that it would be fruitless to try and ask our lazy politicians to take up our case with the US govt. More over this is an internal matter of US govt and Indian government cannot influence their policies and laws. Why would you expect Indian govt. to fight for you, when you left the Indian shores and want to settle down in US for your comfort?
    Having said that, if you do have contacts and would like to take the lead in reaching out to the Indian govt, IV will support you. So please do the honors.

    Its not an internal matter anymore. We live in a global economy. If Mexican govt. can do it for there unskilled workforce. I guess we have a better case. Dont mind you sound to me like do it alone dude. Most of us have waited years of agony and waiting. Indian govt like any other govt will do it for there interests. Remember all the $$s that pour into our RBI reserve. If you thought that was because of Indians and had nothing to do with NRIs..think again!

    Its always about the same thing. US gets competitive having us on there side and India continues to enjoy the NRI effect. Its mutual.



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  • anilsal
    01-20 01:59 PM
    everyone is excited about the new look. But not fun to see so many threads on the same. Maybe we can use one thread. :)

    It is a free country. You can do as you wish. ;)





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  • gcfriend65
    06-06 08:57 AM
    OK, Here is my situation. I came to the U.S. in August 1998 on F-1 visa stamped until Dec. 2000. I continued on my F-1 I-94 till November 2002, at which point I switched to H-1 B. I have changed three jobs prior to this one, but never have been out of status. I have all my pay stubs, income tax returns and original I-797's for the companies I worked for and am currently working. I have two Master's degrees from US university. Is it advisable to go for H-1 B visa stamping in Canada, Mexico or Mumbai, India. I have my passport valid till April 2015.



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  • sasidhar79
    07-01 01:53 PM
    No matter what , no other country has balls or guts to accept huge number of immigrants like US does, yes do you huge volume it is slow but the govt. is more aware of the fact that high skilled immigrants add to the benefit of their country compared to Canada (conservatives in liberal skin- because they have undocumented race based limitation), Britian(high skilled immigrants are usually colored therefore anything colored is considered not British) and Australia (how can a decent high skilled immigrant be accepted by bunch of outback thugs).

    Please observe all these countries' immigration policies in this day of economic downturn, all of them are actively shutting their doors except USA (comparatively). I think USA is more closer for me as a home after India, I got misled by Canada but after what happened in their Alberta Province's AINP program for H1b holders I realised that Canadian pasture is really not green it is just an illusion.

    thank you





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  • chakjobs
    12-23 12:33 PM
    Hi All,

    Could any please provide some insight about the companies "Unemployment Wage report" for the state of California?

    This is the only query as stated in the 221(g) form got from Chennai embassy for your reference.
    "State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past two quarters as filed to State of California (This should not be payroll reports, but the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)"

    Could you please provide me the exact form name and number to submit through the dropbox. Also some explanation if possible on how the form will look like in order to track it down?

    Any help in this regard is greatly appreciated.

    Happy Holidays!
    All the very best to all of you.

    Thanks & Regards,
    Chak



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  • logiclife
    01-26 04:21 PM
    Also mention the points mentioned here by myself and Walden Pond. These are the apprehensions that many desis and chinese H1Bs have about raising their voice.

    There is nothing unethical or illegal going on in here. Please use these talking points to clear any fears or apprehensions that newcomers have about participating in something so basic and 100% legal and moral.

    Remember, we have a moral high ground when compared to illegals. And even illegals are not afraid as much as some of us are initially when thinking about volunteering or contributing. WE ARE LEGALS.

    And also remember one thing...silent observation from your cubicle is not going to help. DO NOT THINK for one second that silence is going to be rewarded. With silence, nothing will happen. Situation might worsen. By raising your voice there may be benefit but it might not hurt you. STAND UP. Raise your head about your CUBICLE and SPEAK UP. Speak with either with your keystrokes on the forums or with your wallet. Silence is NOT GOLDEN here and frankly...its in a democracy and on matters of public policy SILENCE SUCKS.

    --logiclife.





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  • mirage
    01-29 09:43 AM
    I'm still Confused you guys are EB3 India SEP why are your applications even looked at ? As far as I knew your applications stay in the big black hole unless your Priority date is current....
    It seems we are in synch.
    Sep 04

    MTR approved in December 09.

    RFE for EVL on 23 rd Jan 23 rd.

    Replying this week.

    Let us see what is in store.



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  • raysaikat
    11-30 09:51 AM
    Thank you very much for the replies.

    Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.

    About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?

    Again, thank you for the advice.

    The lawyer will be able to tell you (i) what is the legal implication of your charge in regard to F-1, (ii) statute of limitations of your charges, (iii) how long the records are kept (there are levels of access and with time some charges go down the levels). A lawyer gives you legal counsel (suggestions/appraisals); they are not supposed to "do" stuff for you, nor take decisions for you. You pay your lawyer simply for reliable information (and paperworks, usually).





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  • augustus
    07-02 03:59 PM
    I called Fox news too. They said they will investigate and see how they can fit the news. PLEASE CALL NEWS CHANNELS> PLEASEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE. THEY NEED TO KNOW WHAT THEY DID TO US





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  • bluez25
    07-22 06:02 PM
    Thanks Sachu and Tinku for the confidence.. I got one from SFO Indian consulate. I will put the format in this thread when I get home.

    Also I will update details when I get to India.





    eb3India
    04-19 11:46 AM
    MINE PD IS ALSO 5/03. R U SURE THAT WE CAN FILE NOW? WHAT IS CURRENT PD FOR INDIA NOW?

    THANKS
    CHHAYA

    yes you can file, infact USCIS made procedures very simple and they have opened drive-ins 485 filing in aliance with McDonalds, just take all your papers tommorrow to drive-in window and don't forget get your fries

    I am amazed by ignorance of these people, google, read do some research before typing anything stupid





    Rajwaitingon140
    11-21 12:09 PM
    Quizzer

    Could you please let me know what is the procedure to go for an SR (Service Request)?

    Thanks in advance.
    Raj

    Hi Raj
    Ur RD is dec21st.Now according to nsc processing date they r processing jan1st 2007 cases.So wait till next update if u didnt get before that u ask ur lawyer or employer to open SR.i dont think there is any paper work for that.They need to call and talk to IO and open.but i donno the procedure so check with quizzer.



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