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  • logiclife
    12-13 04:08 PM
    logiclife,

    Your logic is beyond me. On one hand you seem to disagree with the practice of labor substitution but on the other hand you are more than happy to provide the recipe for it. Are you for it or against it. Or may be you are just trying to help an IV member.

    It may be legal but should be discouraged to say the least.

    I dont like that practise of labor substitution. Its unfair to everyone who cant do it, which is like 99.99 % of people. However, I am saying that its legal because it is. But by saying its legal, I am not saying that I am glad it happens.

    If every one of labor petitions out there coming out of Dallas and Philly BECs are up for grabs then the priority dates will never move forward as newer employees keep getting ahead of those who are stuck.

    The reason I am advising this guy is because I dont want him/her to get trapped at an employer where he is in a vulnerable position. I know this kind of employers very very well and they are inhumane (understatement). These are the guys who would make Jack Abramoff and Tom Delay look like ethical saints. You get the point. That is why I am saying that you need body armor when dealing with this kind of employer. That is why I would like this fellow to get his own immigration lawyer to handle everything so that HE/SHE has visibility and control, otherwise he/she is going to end up getting GC even after all of us have our GC after retrogression is over .





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  • go_guy123
    03-12 02:20 AM
    No H1B works on 1099.
    Also how uscis can crack down on %age system.

    Once H1Bs enter US, its hard to track and crack down on a % age system. So they are trying to crack down at the visa stamping stage.





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  • jjjun
    12-12 12:39 PM
    Bad news again.





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  • coopheal
    11-06 12:19 PM
    Changing to vertical spillover will NOT help EB3 India or China. EB3 ROW is not current and it will suck up all overflow leaving EB2I, EB2C, EB3I and EB3C to their annual quota only. USCIS changing the process to horizontal spillover is the best thing that has happened to I and C community in the absence of immigration reform. Now there is at least some hope for EB3 folks to get a new job and apply in EB2, as at least that queue is faster. If we fight among ourselves and stop vertical spillover, it will only benefit EB3ROW as they will get all overflow from EB1 and EB2ROW. Please guys, let's not fight.

    If there is a fire in the house regardless of how you arrange furniture at least some of it will get burnt.
    So stop giving advice like these and focus on extinguishing the fire.



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  • Carlau
    01-10 10:05 PM
    I wish some group were working on getting attached in some bill a provision that lets the H-4s work. I thought we had a good chance because it is under discussion a bill similar to Bill S.2611 that would let the spouses of the Illegal workers regularized under Blue card status to also work so I assumed that a some point they were going to have a provision for the spouses of H-1Bs. I hope IV and QGA are doing something about this. If no group brings to the senators etc.'s attention that there is a part unattended regading the H-1B spouses right to work, nothing would happen. Here is what I am trying to say:

    If S.2611 is going to be discussed in the senate/house, this will allow the spouse of the Blue card status worker (previously illegal worker and now regularized) to work for any employer -while the spouse is in blue card status-, shouldn't it be mentioned in the same law in the parragraph with the H-1B and dependandts provision that that the same applies for the H-1B spouses -that they could work for any employer while the H-1B status of the spouse is valid-? The L-1 spouses can work too so why do we H-4s have to suffer? Why nobody is advocating this?

    This is the parragraph:



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.





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  • harsh
    04-03 09:20 AM
    Done and Dusted!!!!!!!!!!!!!!!!!!!!!!!!!!!



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  • coloniel60
    08-16 01:41 PM
    I work with corporate lawyers everyday, and yes they are very smart. However, immigration lawyers are the bottom of the barrel.

    Being smart and cheating people doesn't have to be exclusive. They can go hand in hand.





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  • ursosweet
    07-19 01:58 PM
    my sincere advice to you, being a physician myself.
    TB test needs min of 48 hrs to be read and if positive, you HAVE to do a chest x-ray. the immunizations are ok.
    get her here on the next flight and get the medical done nxt week.
    i had my medical on june 26 and i had to literaaly storm the office of the doctor to get my report done, and i mailed to my attorney......oh i can never forget that day!! it was a race against time. and am glad its over.

    good luk



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  • munnu77
    04-02 05:09 PM
    sent both





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  • guy03062
    04-03 07:59 AM
    to all senators.



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  • Alabaman
    05-22 03:16 PM
    DID YOU EVER MOVE WITHOUT REPORTING A CHANGE OF ADDRESS?? IF YOUR ANSWER IS YES, THEN YOU ARE ALSO AN ILLEGAL... YOU QUALIFY FOR A Z VISA!!! YEPEEE!!!

    u can easily get an affadavit from someone with a business that says u worked there for a period of x days while ur h1 was with yyy company... that puts u into an illegal category too.

    i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system





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  • Jaime
    09-01 11:41 AM
    Is it possible to have a door to door campaign in apartment complexes and educating Indian/Chinese/Philippine population around DC area. Or maybe a group of 2-3 volunteers standing in ethinic groceries/eateries and educating our community of what we are trying to do and why we need their support and how it will benefit all of us. I know it is easy to say this but if we need people to be motivated we need along with this HIGH TECH... we need some personal touch. People will come if people see people going. I mean SEEING. Maybe these writings and commonsense things dicussed here inspires/motivates us but a majority need a push/nudge in person. Hope we could arrange for volunteers around DC area (driving distance to DC) and rally up more numbers.

    Door-to-door is a great idea! We need to do WHATEVER IT TAKES! We have the opportunity right now! Let's not let s pass!!



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  • yash04
    08-01 11:57 AM
    I'm waiting for it too..RN from TSC - mine was recieved by 9.55 am and signed by some dude...who's was your's signed by?





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  • nozerd
    12-26 02:04 PM
    Customer Service creates a service request and send just standard off the shelf letter saying wait we are processing your case. The letters used to say 3 months but now sayd 6 months.

    I think a lot of ppl in this forum are under the misunderstanding that once their date becomes current they will get Green Card soon. That is reaslly not true and once your date becomes current its just another battle all over again.

    Some ides that I have heard work are

    1) Calling congressman/senator and asking them to help your case.

    2) Writing to Ombudsman.

    Since no one in America does much of anything in December I am planning to start trying with congressmans office in mid Jan. I have to do something and try - I cant keep sitting hands folded. Or they will say quota is over before we know it - remember ROW is at 2005.



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  • ujjvalkoul
    07-27 02:55 PM
    I understand...those that are calling USCIS have no other way of finding out if their receipts were issued, their Lawyer / EMployers may not even let them know...
    So they call to see if USCIS may be able to lookup their case by Last name or something......





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  • morchu
    04-19 11:56 AM
    10+2+1+3 ?

    You have two options:

    1. Prove that the requirement for 3 year diploma, was 10+2+1

    2. Get a very detailed credit by credit evaluation of all the courses you did compared to a US bachelors. I have seen that in many schools in India, just by a 3 year diploma we complete all the credits for a US bachelors (some times even US Masters :) ). Exact credit hours, course description etc may be required in official form.

    -Morchu

    So this is actually 16 years of education overall and not 14 as suggested by other member. Sorry to ask, could you confirm this again, or did you mean to say 10+3+1? as you said this is accurate about what other member said.



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  • EndlessWait
    10-02 12:48 PM
    NSC->CSC->NSC for 485
    EAD/AP by CSC.

    any idea on what are the processing dates for EAD and AP at CSC
    and also finger printing timelines





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  • rsayed
    04-14 11:34 AM
    I remember I read this somewhere (on one of the forum threads on IV) - that the only dates movement (if any) for EB-2 (India) will be only during Oct'07 (when the new financial year begins).

    Until then, I guess there is no point in checking these Visa Bulletins; Only difference is when one of the pro-immigrant Bills in the Senate or House get passed.

    For now, best strategy is to follow IV Core's directives - they have always been on top of things (going by the past one year or so), and seem to know more than most of us.





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  • nviren
    04-02 04:28 AM
    Done sending both faxes.





    globaldesi
    04-21 07:26 PM
    I want to bring out the plight of legal immigrant community that has been silently suffering the consequences of a broken immigration system. It really baffles me that all the focus in immigration debate is on ILLEGALS when highly educated LEGAL immigrants who play by the rules, pay taxes and follow the law are left in the lurch. Attending to legal immigrants plight will also send a positive signal to the ILLEGAL community to see the perks of being LEGAL. Right now, it seems more rewarding to be ILLEGAL than pursue the LEGAL route towards immigration. What an irony!
    The country based quotas imposed on Employment Based green cards are not only unfair but self defeating because the benchmark is country of origin and not qualification! Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy.
    The immigrant community is really looking at President Obama to deliver on his promise of CHANGE - Change that we can believe in.





    dilbert_cal
    04-01 11:15 PM
    Sent both the faxes.

    As of now, I believe 217 faxes have been sent.

    Last time, I had got 7 of my friends to send the fax ( against my target of 10 ). to make up for the poor performance and to contribute a little bit to the huge efforts done by the core IV team, this time I'll get 25 on Monday when I'm in the office ( good that my manager is out of office :-)



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