Saturday, June 11, 2011

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  • unitednations
    03-22 09:45 PM
    united nations...u have been saying what u just said for many years now. i remember ur epic fight with saras on that issue that caused u to leave immigration portal.

    i think this modification of the interpretation of the law is mainly to prevent the massive loss of numbers. I think the DOS now realizes that USCIS cannot effectively handle processing of the massive release of visa numbers in the last quarter, thereby they are doing it in an incremental manner so that the demand is handled effectively (USCIS standards effectively).

    I agree; the law definitively leaves no room for error. If all the visas are held back until fourth quarter then there is a significant chance that visas will go unused.

    However; it isn't in uscis/dos discretion to make such decisions on a whim for process improvement.

    In the orgnizations we work in; there is a big consideration whether the new project or idea is feasible in the current environment. If it isn't then the project/idea gets shelved because it's not doable. However; congress and various regulatory bodies do not give such luxury to uscis. They don't ask them if the implementation of a law or creation of a law will fit into their system or workflow.

    At a high level; country quotas in EB do not make a whole lot of sense. I have tried to figure out why they are there; how companies and candidates use EB greencards. Conclusion, I came up with is that in a lot of ways EB is a way to circumvent family base immigration. Many peoples parents have greencards, brothers, sisters, friends, etc; and they realize that it takes too long to get greencard through family base and the fastest way is to come through h-1b and go through EB route. Also; companies; company owners will favor their own people in filing h-1b's and greencards and then you have a situation where certain people are favored due to their nationality or connection. I firmly believe that uscis and the regulatory authorities understand this and hence the reason why there is country quotas.




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  • needhelp!
    02-21 04:07 PM
    ~Thank You~
    I mailed 21 letters ;)




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  • cnag
    07-10 11:16 AM
    Is a 3 year Bachelor degree + 2-year Master degree (STEM - Foreign University) + 5 year US IT experience qualify under SKIL bill. Can anyone please clarify ?




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  • chmur
    07-18 07:28 PM
    Excellent response. I have been a silent admirer of IV for some time. IV has represented the aspirations of all the EB applicants. people should understand that the US allotment of visas to foreign Nationals is only based on what is fair for the country (US). It does not matter to them to what country the applicant belongs but what matters is the qualifications and their benefit to the advancement of the US. I am appauled to see some of the members racheting up this irrational discussion about the spillovers when DOS clearly stated recently what the intent of the law was. the sooner they get over this issue, the better for them and for every one on the forum as the existing rules will NOT change regarding the spillover. we have to concentrate our efforts on how we can improve conditions for every body affected by this retroression. efforts aimed at one category and that too one country will almost certainy fail. I am also shocked to see a few EB3 I expressing anger over dates moving for EB2. personally if I see a person from my country getting his visa approved, then I would feel very happy for him even if I am waiting for some time. I know it will be difficult, but atleast spare some joy for your country men and women who are getting some well deserved relief after such a long wait. one of my old friends told me once "if you have a friend from India, don't rely on him to help you, because you will not get much help moreover some people will only try to pull you down, but if you take people from other countries, it is exactly the opposite as they try to help each other in every possible way". I agree that it is very distressing for every one that the dates are retrogressed, but now that EB2 has moved, all of a sudden some people woke up from a deep sleep and started making these arguments that have no legal basis. None of these people expressed their anger when EB3 ROW was being preferred over more qualified EB2 I and C and making EB2 unavailable. I know a lot of people from EB2 protested at this wrong interpretation of the law, but I don't remember anyone ever criticizing IV for not taking up their cause even though we knew all along that spillover from EB1 to EB2 retrogressed countries was the right interpretation of the law. now some people are asking IV to take up an issue that is straight forward illegal as was clearly explained by DOS in a recent bulletin. instead of wasting time and efforts on such futile suggestions, people should concentrate on making some constructive effort along with IV helping every one involved in retrogression.


    "I am appauled to see some of the members racheting up this irrational discussion about the spillovers when DOS clearly stated recently what the intent of the law was. the sooner they get over this issue, the better for them and for every one on the forum as the existing rules will NOT change regarding the spillover".

    Are you suggesting we "Get over the spill over issue" because that's what current law says ??

    Then by that logic, should we get over the "recapture issue" too?? because that's what current law says...now I am appalled.

    As I understand, IV's objective is to change laws in favor of the immigrant community. Agreed Recapture is priority #1 since it alleviates majority of our concerns, but is it the only one ?? Especially when recapture happens to be the most difficult one to achieve . Answer is NO.

    IV has scored so many smaller wins in the recent past to provide temporary relief to the community at large.

    You say "I am also shocked to see a few EB3 I expressing anger over dates moving for EB2".

    Some EB3s might have expressed jealousy .Shame on them. But most are expressing anger because EB3 is "U" and the spillover formula will keep them retrogressed for years to come and not because EB2 moved ahead . Godd for Eb2s.

    Your India specific jealousy example can be applied of any country. India does not hold monopoly over jealous acts. People are jealous not countries.

    You say, "None of these people expressed their anger when EB3 ROW was being preferred over more qualified EB2 I and C and making EB2 unavailable".

    IMO, this is frivolous...this kind of questions can be countered by equally frivolous question like ..... How many Eb2s are now expressing their anger over this years interpretation of spillover laws by DOS??



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  • engineer
    06-30 09:31 PM
    I loved Fragomen. Very responsive and are working over weekends to expedite applications..

    I highly recommend them.




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  • apoojo
    05-17 09:05 PM
    Done! Managed to spread the message.

    Excellent idea and very convenient. Kudos!



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  • BharatPremi
    12-10 05:04 PM
    Shifting from the internet model would be failure in terms of the numbers which we really are looking for.

    State boards are kind of semi internet usgae only (Though not forum...). But those also do not make passive ones come ahead. So real issue is not the type of meet, the first real issue is feeling that you are in trouble..and 2nd is to stand up for fighting against that. And 3rd.. yes through IV we will be able to do this and so become active.




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  • H4_losing_hope
    02-08 05:42 PM
    Volunteer for your own cause! Don't let this thread slide.. Sign up on this thread and make a pledge .. Set a small target first. You will see it is not at all difficult.

    I am going to try and make it to 200! Count me in for CA :) Come on folks, I bet you we could do it!



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  • GCwaitforever
    06-19 05:08 PM
    So if this bill is introduced as a new one with a new bill number, does that May 15th provision still stand? Or is it now gonna be June 19th ?

    Section 501 (Rebalancing visa numbers and Z visa allocation) is effective on the first day of the fiscal year subsequent to the fiscal year this bill is enacted.

    Here the fiscal Year is from 1st October to 30th September. If this bill is done within next couple of months, we are talking about 1st October 2007. This is my interpretation.

    Section 502 (Merit based system) is effective from first day of next fiscal year after this bill is enacted, provided it is ateast 270 days away. So I am guessing, we would not see Merit based point system till 1st October 2008.




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  • logiclife
    09-25 12:04 PM
    Your rights as a participant of a bulletin board or online forum like Immigration Voice forums:



    The rights of bloggers (site admin, site owner or site moderators), their liability and section 230. Section 230 refers to Section 230 of Title 47 of the United States Code (47 USC � 230) (http://www4.law.cornell.edu/uscode/47/230.html). To learn the plain English language explanation of this section, go here: http://www.eff.org/bloggers/lg/faq-230.php (http://www.eff.org/bloggers/lg/faq-230.php)

    What this means is that whenever someone posts anything against anyone, Immigration Voice is immune from libel suits or defamation lawsuits, with couple of exceptions (discussed in item 2). Therefore, any anonymous poster saying bad things about their lawyers, employers, or anyone else DOES NOT HAVE TO BE DELETED.

    Immigration Voice is not going to delete, edit or moderate the posts and threads posted by our members no matter how defamatory or criticizing they are. That�s because A) Immigration Voice is not liable for what our members do or not do per section 230 and B) Immigration Voice needs to give freedom to members to vent out against the incompetent immigration lawyers and/or dishonest employers because that is what makes us unique and different from censored forums and it is the ESSENCE of this bulletin board.

    Other than couple of exceptional scenarios (see point # 2), we are not liable for content posted by users of message boards, forums, discussion boards etc. Section 230 protects Immigration Voice website administrator and moderator against libel suits or other lawsuits caused by participants who post messages against their lawyers, employers or anyone else. A recent example of such a case is illustrated in 22 page opinion of a federal judge in DiMeo V Max (http://www.law.com/jsp/article.jsp?id=1149152717145).



    The exceptions when Section 230 protections won�t work.Section 230 will not protect Immigration Voice if site moderators and administrators themselves post content that causes damages to others. We (site admin and moderators) will not edit or delete posts that say bad things about other orgs or persons - no matter how derogatory or defamatory they are against some lawyers, employers etc. We are not liable or responsible for them and legally it�s best and safest for moderators/site admins to leave those posts alone. Besides, that is one reason why people come to this site � freedom to vent out without any censorship, sometimes even against the Immigration Voice leadership and core group.

    The other scenario when the section 230 wont protects us is in case of intellectual property. So don�t post any patented information or technology details on this website. However the laws give us a lot of latitude when we post some news articles or other content created by other sources. More details of intellectual property are here on this link. http://www.eff.org/bloggers/lg/faq-ip.php (http://www.eff.org/bloggers/lg/faq-ip.php).



    Are we obligated to provide information to plaintiffs about our anonymous posters?First of all, most of the time, we ourselves don�t know the anonymous posters and who they are. The most we can do is provide IP address. Those IP addresses too are not easy to pin down in certain kinds of network environments. However, we will not give any information about our members to anyone unless and until we are subpoenaed for it. Subpoenas are either issued by law enforcement or by plaintiffs who file the lawsuit. Unless we are subpoenaed, we don�t have to give away any information like IP or email of any anonymous poster. Immigration Voice will never make the IP address or any information available to anyone unless it is ordered by court. Immigration Voice will use all possible legal avenues to protect the privacy and anonymity of its members and online discussion participants.


    What if someone with deep pockets sues Immigration Voice with the objective of shutting us down, even though they know they don�t have a case, but want to sue us just to drag us into expensive court battle and make us bankrupt?There is nothing that protects Immigration Voice (or any such website with discussion boards and forums) from frivolous lawsuits. Anyone can sue anyone else, whether he or she lose or win is a different matter. Section 230 protects immigration voice from libel lawsuits resulting from anonymous participants posting messages that cause damages to organizations or individuals. They are even more counterproductive for the plaintiff if that state has ANTI-SLAAP laws.

    SLAAP means �Strategic lawsuit against active participation�. If someone sues us just to make us bankrupt and shut us down without caring for outcome of the case, then it�s a SLAAP lawsuit. The objective is such lawsuit is not to win but to drag the other party into expensive court battle and make them bankrupt. Some states have laws against SLAAP lawsuits called ANTI-SLAAP laws. They are different in every state. What those laws do in general is make the plaintiff of SLAAP lawsuit pay the defendant for the cost of litigation and defense if they lose. So if someone from state that has ANTI-SLAAP laws sues us, then the money we spend on litigation would have to be paid by plaintiffs if they lose. Therefore there is good chance of finding a pro-bono lawyer because if they win, they get paid from the other party. What this means is that it�s difficult to drive someone to bankruptcy with frivolous lawsuits if the state has good ANTI-SLAAP laws. California is one example. Therefore the chances of us getting sued by someone in CA are lesser than other states.

    Should any party sue Immigration Voice for libel based on posted messages on online forums, Immigration Voice will fight back to the fullest extent and will not remove posts or threads against those organizations.


    What should one do if they have been badly hurt due to incompetence or malfeasance on the part of employer or lawyers?Immigration Voice will neither encourage nor discourage members to post messages against their employers or lawyers or any other party. Members and participants are free to post whatever they want to post. If you lawyer�s actions have hurt you and if you think it�s due to malpractice then you can file a complaint against that lawyer in a state bar. If your employer�s action has hurt you and if you think his actions are illegal, then you can file a complaint against your employer at the department of labor (for wages issues) or other departments for other issues.



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  • chanduv23
    06-12 03:37 PM
    Commercial airlines fly between 25,000 ft and 40,000 ft. Airlines generally take risks for profits. I know it. Some airlines like United are ultra sensitive to turbulence. Some fly right through turbulence. And sometimes I feel some pilots are plain incompetent, they have no control over aircraft during the storm.

    I have personally taken 500+ flights, almost 2 every week. And I can say, I get really nervous when turbulence or strong clouds are present. You are one second away from the big jolt or swing. A lot of times, it has been a roller coaster like ride. Now I would enjoy that once in a while. Sometimes I have seen big aircrafts like Boeing 757-300 series, flex, you see forward portion of aircraft going up and tail portion going down. But its required so that aircraft does not split up mid air. It can be a nasty thing for someone seated in the rear. Always always wear seat belt during turbulence, if it gets severe, you will hit the head on the ceiling. The turbulence during take off and landing is usually more risky as aircraft is closer to ground and can not afford to lose altitude. If it is at a higher altitude, aircraft can lose some altitude, due to "air pockets" and still be ok.

    I was in a travel job earlier and I have faced all sorts of similar issues. There was this AA pilot onroute from ATL to ORD who once announced that thunderstorms are on the route and he took a different route claiming he had enough fuel and if not he will land in St. Louis foor refuelling, but he never had to.

    I guess such decisions depend a lot on Pilots and their confidence and experience.




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  • pitha
    07-05 11:10 AM
    absolutely correct. One of the reasons these USCIS crooks did this 485 fiasco is to
    1. increase the fee
    2. sadistic nature compels them to not give us EAD

    Now, you trust these crooks to do the right thing. If they had good intentions they would not have perpetrated the 485 fiasco in the first place.

    There will be new VB in Oct and many people will get returned 485 at that time.

    Dont dream that USCIS will take all July applications.



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  • jingi1234
    03-12 07:30 PM
    My friend has a similar situation.

    He transferred H1 to Company B and worked for 5 weeks and descided to come back to company A (He is 100% sure that Company A didn't revoke / calcel his H1 and he has valid H1 till 2009).

    IS this OK?

    Please help by clarifying...

    Thanks


    Folks....my friend went to India and went to chennai for VISA on Company A. HE got the VISA (Visa officer asked lot of questions about the compnay A..like paystubs, Bankstatements...etc..).

    But altogether..very happy.




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  • Dhundhun
    06-28 05:52 PM
    Yes, we entered on H1 and H4.

    But still I am going to write A# for Q.10 in EAD form for me. Is it fine? Or I have to use I-94#?

    Thanks GCCovet!

    For I-485 pending you must give A#.



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  • siravi
    10-16 12:24 PM
    If you have a good experience with your lawyer and are recommending the law firm, pls also try to talk to your lawyer about IV. Ask the law firm if they want to contribute/ or even publicize IV to their clients. If they agree to do it, please post here. If they refuse, pls post here.

    So when you write about how good your lawyer is, pls also mention if the lawyer supports IV and the help that has been extended to IV.

    This will help maintain a list of lawyers who are recommended by members and at the same time, help IV.

    Good point, Pappu. Yes, Cyrus has been supportive of IV even mentioning its successful role towards the effective resolution of the July Visa Bulletin:http://www.cyrusmehta.com/Print_Prev.aspx?SubIdx=ocyrus2007720184422

    He also mentions the DC rally in one his newsletters on his website (September, I think) and in an article submitted to the indiapost.com




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  • H4_losing_hope
    02-12 02:33 PM
    Sent 5 more letters to President and copies in one envelope to IV.


    Guys this is great, we can all ask our friends and colleagues to sign letters and we can all secure them by paying for the stamps ourselves. I am not sure my husband knows I have shares in the post office now, but I think he would whole-heartedly support it, and he supports what I am doing!

    Look at Digital2k's amazing number at the front of this thread, now that is inspiring!!! Come on folks, let's get crazy on this!!! :)



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  • diptam
    06-25 05:16 PM
    mirage,
    Sometimes i believe in conspiracy theory but not this time. They just approved it fast because of improved processing in Texas - i'm also scared if they approve mine fast and i wont get 2 year as well.

    Why - Because once you pay 340 from next time onwards its FREE. why they would increase load without any money :)

    They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.




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  • Macaca
    09-20 12:26 PM
    Educate them , that more imp.. this has to be worked on!

    The argumnet changes to: you should stop wasting your time!




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  • delhiguy79
    07-18 07:53 AM
    Please share your experiences.

    Thanks




    akbose
    04-26 12:28 PM
    Transaction ID #9R925187D47583011

    Happy to be a part of IV .




    yestogc
    06-30 01:42 PM
    Yes, last time also we got AP approved in around 30-40 days.



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