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  • snathan
    01-16 07:20 PM
    There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.

    NB: I am not a specialist in law

    We need to come up with a road map and how to fight?

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  • alisa
    02-13 07:09 PM
    Man this is complicated. I agree with you.

    Any changes to the law have to be beneficial to all three IV constituents, i.e. EB-3 ROW, EB-2 India and EB-3 India.

    This is not a legal issue. And this is not an issue of morality.
    This is a political issue, and like all political issues, it involves self-interests of different groups. Those different groups have to come together, agree upon a common denominator, and work towards a common goal.

    As an example, all indications are that this summer, our fate would be tied with that of CIR. Core group would be working to make sure that laws beneficial to us are passed. However, we will have to work with the illegal aliens and try to get CIR passed. Its not fair that they have been here illegally, while we have been here legally. But it doesn't matter whats fair and what is not.

    What matters is that we got to work with them to achieve a common goal (CIR.) Likewise, the three constituents of this forum have to work together to achieve a common goal (relief for all.)

    Lets see how long it takes before I have to reiterate this point. The clock starts now.

    (a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.

    (b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.

    If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.

    With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.

    Just the way I see it....

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  • STAmisha
    10-04 04:55 PM

    Once u sent ur application, did nt u have to go for an interview and then a Physical. Also, I have heard that to get PR stamped onto ur passport, u actually need to physically enter Canada. Kindly confirm?
    I did not have interview. I had my interview waived.

    Once all the processing is complete, they will ask you send you the passports. They will give you PR visas which will be valid untill 1 year from your medicals. You have to land before the visa expiry dates.Once you land in Canada, they will take a Canadian address to send the PR card to you. You can give friends address in Canada.

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  • gc_chahiye
    06-26 12:49 PM
    I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time

    did'nt that just happen to EB3-Other_Workers? The July visa bulletin turned their dates into U, and at the same time USCIS was asked to stop accepting applications (although dates were ok per the June bulletin). That was the note on (with another note that AILA was looking into the legality of doing this)

    ================================================== =====================================
    06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007

    * This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action.


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  • breddy2000
    09-04 12:21 PM
    It is not good to reveal the real name of the person. Admin please check your password is not misusing by insider friends.
    It is a shame for IV.

    You should have guts to reveal the ID of this Insider who is misusing his power to expose personal details of IV members.....Is this what what you mean maintaining confidential information of Individual members????

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  • desighee
    07-27 04:03 PM
    These guys might meet you and greet you in WMT. Once it happened, the guy's wife met my wife and complimented her that "Ooh you have a sweet little boy!" and that's how the convesation started with my wife and then with me. The guy told me he runs his "ecommerce business". Next day he calls us for tea to discuss "ecommerce business" , I became suspicious and charged him "Are you running Amway?" He said there is nothing wrong in running Amway business and I had a heated argument with him over this as to why he did not tell me earlier.

    So thats it - nowadays they have adopted a different strategy!

    i was once lured into a feakin quickstar/BWW something like that meeting unknowingly where their "platinum member" or some other looser was visiting.
    it was me against all of them -my question was simple-why don't you answer all my questions regarding how this works and just keep telling me to have 'trust' in them!
    they told me to have trust in our 'own company' and by its product like toothpaste etc.
    Next thing i saw when i visited their restroom was a colgate toothpaste on the restroom sink.. haa..platinum loosers


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  • _TrueFacts
    09-05 03:23 AM
    May YSR's soul rest in peace. I am not YSR fan but he is no more... So what good, what bad?

    Pls, it is cheap to reveal anyone's identity, posting personal details, and this kind of behavior on these posts. Pls stop bickering... In the free country like US, be tolerant enough to listen to others even though you don't agree with a person.

    IV core, pls delete this thread, it's disgusting and embarrassing.


    Do you agree that YSR was a gunda, a land grabber, political killer who amassed huge amounts of illegal wealth and land, never ever seen in the history of AP? You claim that you are not a fan of YSR. If that is the case then give due credit where required and criticize and condemn when it�s appropriate.

    Any Sympathy for that gunda YSR is like accepting that he is guilt free of all his corrupt actions, land grabbing and amassing illegal wealth.

    These people who are picking on ChanduV23 as they have nothing else to the fact that YSR is a gunda.

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  • nozerd
    05-13 10:21 AM
    If the Judge things your staying out was unreasonable, PR will be cancelled and you will be asked to leave the country. If you do not leave the country voluntarily you will be deported.
    I have heard Canadian Immigration officers are best swayed with reasons that involve a child. So if you had a child either just before or after becoming PR you can give the reason that you didnt wnat to move the child so soon after its birth, you wanted continuation of the Dr etc.

    Thanks nozerd.
    Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.

    Thanks again.


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  • John333
    07-15 06:40 AM
    Dear Attorney,

    A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.

    I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.

    The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.

    One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.

    Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,


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  • reddymjm
    09-23 03:48 PM
    As per the other thread HR5882 is dead for now.. So concentrate on this now...


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  • deba
    07-10 11:29 AM
    congrats byeusa. wish you the best. I just sent you a personal message here. If you get a chance please reply. Again, congrats.

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  • krishnam70
    07-11 07:36 PM
    TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.

    TN is given for two years. Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small company (about 90 employees), and we hire people from all over the world. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state.

    With TN you get stamped at the border -- and welcome back to the USA! :)

    Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
    Using NEXUS.. doing my research..


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  • user1205
    02-14 11:28 AM
    I love that idea but too late now :)

    ahh, let us take this one step further, and start a "send candy hearts to USCIS" campaign :)

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  • amsgc
    12-13 10:40 PM
    I advocate talking to policymakers, writing to them, and calling in on any talkshow on the radio/tv - where ever there is an opportunity.
    I am not sure if we can challenge the legality of the system. However, I do question the motivation behind this policy. It is morally and ethically wrong and does not make any economic sense. It is probably hurting the economy, if you get my drift. My thought is that it can be adressed by enlightening the very people who put this policy in place - the congressmen/women.

    Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)


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  • prem_goel
    05-29 03:45 PM
    i agree. to add the worst, if anyone jump to cognizant from other big companies like wipro, infy etc they designate you in management level may be 5 years + exp after graduation who is unfit for management lack of very basic communication skills, half knowledged tech skill etc etc etc. Moreover people jump to cognizant for onsite to USA and eventually settle in USA. For the reason being cognizant bring the people on L visa and do EB1C quick green card processing for management. while they file perm they fabricate the responsiblities to suit the EB1c requirement.
    At the same time the person who stayed longer and longer with cognizant won't get promoted that easily to management.

    one more thing i like to add here, cognizant makes the world feel it is a american company but the truth Cognizant technologies is 100% indian (desi) company like other companies like infy, wipro, tcs.

    23 days ago by cts 0 Votes
    how do we bring this to uscis attention about L1A fraud and cognizent employees applying in eb1 catagory by producing fake doc...

    Specifically this provision applies to Cognizant

    Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;

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  • gimmeacard
    07-28 04:08 PM
    #1 Landed in Texas in late 90's at a friends place. Friend took me to get SS# next day, dropped me at SS office during his lunch time and came in the evening at SS office to pick me up. While waiting outside, in a span of 20 minutes, had two people (one desi and another a colored person) approach me trying to befriend me...obviously I fall for it, second day and I meet such a nice person , offering me help if I needed. etc. Asked me for my cell or home #, I did not have any (was only going to stay at friends for few days and then going to Phoenix), so, i managed to get their business cards and I promised to call them.
    In the evening, friend picked me up, told him what happened, he laughed and said "they already got you....unbelievable..hit in just one day of landing... I asked him to explain what was going on, he said he explained me everything. He mentioned that his brother-in-law will be at his home in the evening for dinner (an IBO), and asked me to tell him that I was not interested as I wanted to focus on career first. We go inside, he introduced to his BIL, BIL immediately asked me when I came and what I do, and that he has an excellent business offer for me, which he would discuss with me after dinner. My friend blinked at me, I told him that I had a business proposal for him as well. He was surprised and asked me what it was. I told him that when I was in India, I was a IBO and I wanted him to be an IBO, after listening to what I had to say.

    He and my friend were astonished, my friend and his wife were laughing. BIL said he was going to talk about the same thing to me, I said, I am tired and if he already is a IBO, I will not talk about it at all, as I would rather sleep (jet lag). Got rid of him easily...

    Incident #2: After moving to Phoenix in 8 days, landed at my Desi consultant's, got a 2 Bedroom townhome shared by total of4 people. One of them was active in AMWAY...asked me if I wanted to go to a business meeting followed by Tea/snacks. I told him I could come only if he stops by grocery store first as I wanted to buy stuff. I did not have car so needed his help for groceries etc. I went with him and few of other FOBs that he had managed to "capture" (New Bakras for him). Went to his friends house who was a new IBO and hosting tea party/(Bakra kato seminar) first time, so he had lot of food/snacks etc. I enjoyed the snack, slept in the mkt. speech. ate good food. Told him that I was already an IBO when the form signing ceremony started, friend was mad why I did not tell him, I told him that I should be mad at him for wasting my time and not telling me where and what this meeting was about. Had a fun at his expense :-)
    in couple of weeks moved to Mid North East, where I did not face any AMWAY/QUI guy/s.

    Good HUmor for a wednesday..

    BTW, i lost a good old friend right in first week of landing, we worked @ same company in India(birlasoft), were happy to reach Uncle Sam, (he came before me)- asked me to join a meeting, will arrange pickup etc. somehow i missed the ride- LUCKY ME

    next day again it started out - he never said what it was about who is involved etc.
    i said no i dont think i would like to be involved, i was still calculating $1 = 45 Rupees, MCDONALD # 3 combo is Rs 300 oh lala, too expensive( YEAR 2000)

    So my kanjusi paid off, see sometimes being lazy helps


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  • kaisersose
    07-17 10:50 AM
    Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.

    But I wish EB2 becomes current in the near future. Correct me if i am wrong.

    How "near" is near? For EB2 to become current, the current policy of horizontal spillover should reamin in effect through Fiscal 2009. if that holds true, then as spillover takes effect typically after the first 6 months, we should see movement in India EB2 again, starting from April/May 2009 and there is good possiblity that EB2-India may reach somewhere close to July 2007, if not current.

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  • go_guy123
    06-14 06:03 PM
    The point system would only apply to new applicants. All those already in line will proceed according to existing system. Worked well in Canada's system.

    Point system hasn't worked well for Canada. Therefore Canada started tweaking the system since 2002 and recently again in 2008 when they restricted to 38 occupations or Canada educated/work-experienced students. I was luckly to get in when the door was open. That time the US door was almost closing. That was the smartest thing I did in recent years.

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  • gcnirvana
    07-03 02:14 PM
    If we reinstate the recent forums frame, we might get more hits to this thread. Now its hidden 3 layers deep and not many people go look for it. Just a thought.
    BTW, I've sent my experience over the July VB ordeal to all the media contacts given here and the one I had from the past.

    Go IV Go.

    05-12 03:08 PM
    Tamils live the same life as Sinhala and Muslims, if you're visited sri lanka you would see that. Schools are open to everyone within their respective distances, tamils conduct business same as muslims and sinhala. What you're discussing is something that happened when the country was given independance and the sinhala policy came into act. This is not the case anymore in sri lanka, if it was all the tamils in the country would have moved to the north where their so called saviors were fighting.

    07-04 08:56 AM
    Good morning..

    Please put your updated post..

    I am very glad to see every member is bringing so much energy here.

    Others: Please scan and go through 100 pages of our breaking news thread and come up with issues.. Be very specific as lengthy post could cause confusion.

    Macaca thanks again..

    Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.

    These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.

    Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.

    Just woke up. Good Morning!

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