Sunday, July 3, 2011

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  • chi_shark
    07-10 11:49 AM
    desi,

    so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...

    what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...



    The problem with self employment is demonstrate
    1. AC-21 job is in same classification as original labor/I-140
    2. New job is bonafide

    In order to show that the new job is "real", one has to show
    1. The business is real, not just paper shop
    2. Business Plan, Funding to support employees
    3. Any contracts, orders etc

    If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.

    The burden of proof, in case of RFE, lies on beneficiary.


    __________________
    Not a legal advice.




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  • maag
    05-05 01:16 PM
    Shekhar....any update?

    anyone else who did landing recently please post your experience

    my PR expires in June, need to decide to do landing or not?




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  • sam2006
    07-19 09:47 PM
    good goin guys

    lets shoot for 10-20 pledges tomorow


    Comon show that we care for the Core team




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  • dtekkedil
    07-03 02:26 PM
    Please send following message :


    Message to Emilio

    Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the pain. Wish you all the best for future Visa Bulletins for Employment based legal immigration

    Don't worry, we will wait for 100 years for our green card.

    I understand the pain you are going through... but we do not want to sound pissed! Just a simple best wishes will put our message through (if done by enough people). It burns no bridges... and it can attract the media... we want to shame them not ourselves!



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  • gcpool
    10-03 09:29 AM
    PD 2002 Sept EB2
    RD 2007 Mar
    I-485 Approved Oct 1 2008
    Service center NSC->TSC (Approved)




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  • h1techSlave
    07-21 08:14 AM
    I am quoting the below lines from another post..

    "With 11.25 K EB3 members we would have still collected quarter million bucks."

    I think the above statement is correct. There are 1000s of EB3 I folks in IV and they could have very well contributed a quarter or even a million bucks. My question is, what will happen after that?



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  • josecuervo
    08-20 07:16 AM
    Is I-485 approval notice on I-797 or will it be just like EAD mailer with GC cards attached to it.
    I am still waiting for the GC cards




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  • nk2006
    10-20 04:22 PM
    If there's a recession (even with a soft landing) in 2007, as many economists and Wall Street people are saying, and we don't get SKIL Act through congress during lame-duck session -- what will it mean for us? Will business lobbies still have a strong case to sell to lawmakers amid a recession?..

    Yes I think you brought up a very good point. Not sure how much the recession/soft landing will affect the high technology job market. The high tech job market is just picking up in many areas and companies are having tough time to get employees. Whatever the opponents of H1B might say, the fact is getting eligible candidates is tough in many areas. And that is why many big companies are advocating visa increases (they have vested interest in only asking for h1b increase and don�t care about EB numbers; that�s a different issue). To take advantage of that sentiment � this is the best time. We don�t know how political/economic situation in next year (2007) and 2008 being presidential election year, immigration can become a hot button issue and politicians will club our issues with illegals which can confuse everyone. Lame-duck session is our best chance yet to have any of our measures. Corporate world looking for more H1B numbers will work hard and try to put in their measures in some bill. We have to work hard to have our measure clubbed to them.

    If SKILL bill is passed in total that would be our best case scenario but I think its really difficult (anti-immigration groups and their lobbying is much stronger than many of us think; just look at what happened in the last one year to several bills that are even slightly favorable to legal immigration).



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  • unitednations
    03-07 01:17 PM
    This is exactly what I was saying. People are getting overzealous and are losing their balance. By attracting too much attention when everyone in power is being anti-immigrant you people will hurt everyone. They will impose some more restrictions on us.

    We need to lay low for a while until economy improves and focus on keeping our jobs. That is the need of the hour rather than becoming a hero and trying to go against the wave.

    One thing that everyne needs to understand is that before the lawmakers, etc., take a stand they study the issue.

    Part of the study would be: Why is there so many Indians in the que?
    What type of companies are sponsoring most greencards?
    Rate of H-1b denials?
    Rate of consulate denials?
    How are people getting here?
    What is the average wage of people being sponsored here?
    if people are so skilled then why don't they go into extraordinary ability?
    DOL investigations?

    The list goes on and on of what the counter attacks are...

    People can send out press releases, contact the senators, etc., but it is one way communication. Then other side waits and releases their information. Right now; other side is winning by large margin.

    What is going on now with H-1b is direct result of quota completing so fast and it being studied with filed visits, audits. Conclusion was high rate of fraud; let's crack down.

    Is everybody ready for this type of scrutiny? You may think you have done everything right but all it takes is for one case from your company sponsoring you or a company which you had h-1b in the past to get investigated and you take the fall along with many others.




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  • kshitijnt
    05-10 06:34 PM
    You got to be kidding. Why not rename the "World" as "India" . Typical disdain. The quota was IN the system before anyone got here by H1B, so your argument is fallacious. We were all aware of the quota when we got here.

    There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?

    No I was not aware of the quota. Do we need to go for an immigration course before we decide to take up the job offer in 2000 and start predicting what will be the effect of quota in 2009? I am sure you also did not do that and did not know whats involved in getting a green card. You are just lucky that there is a "quota."

    Nigerians can stand in the same queue that Indians and Chinese will stand in, why is there a separate queue?



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  • Devils_Advocate
    03-07 01:14 PM
    You guys can scream, cry, sue, jump, sing, dance whatever, no one is going to touch any country cap legislation or any pro immi legislation till about 2011-12 at least (though i m sure it wont happen then either)

    And they will never allow "no country cap" either-ways, call it unconstitutional or whatever, i am being realistic, they have quota on the diversity visa for a reason they think is appropriate, and they have a quota on the EB system for those same reasons.

    Your only hope to get the "country cap" cleared up is that the Point based system gets through , like the one in CIR 2007, which i am sure will not happen before 2012, if it ever happens.




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  • glus
    05-24 09:04 AM
    Yesterday I faxed all the senators from the list, today I e-mailed them and will be calling them shortly. I will update about each phone call I had made.

    G



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  • anilkumar0902
    09-14 11:36 AM
    Nebraska




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  • paskal
    07-08 10:31 PM
    This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.

    As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.

    Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.

    We need to concentrate on issues that support accepting July AOSs.


    that is why i am raising it in that manner (and not mentioning security)
    they are actually issuing those approvals in july
    i am saying- until the LAST APPROVAL is complete, GC numbers are available.
    they circumvented that by pre-alloting the numbers to cases
    these cases could be rejected in the final days and a number would be back in the pool. therefore they should accept aos until they have approved all those cases finally
    the pre-allotment was a sleight of hand to avoid the filings. they are actually doing the july approvals now as we speak and sending them out.



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  • nixstor
    12-10 10:05 PM
    Hallo I am new to IV. B'cause I live in DC I will go and visit as many congres and senate or I will certainly visit their office workers. How do U want me to prepare to talk to these ppl? Waht papers do U want me to take along?

    Please post in your state chapter. Do you live in DC/VA/MD?




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  • simple1
    05-04 11:39 PM
    Well since INA doesnt specifically state anything regarding this, the regulation CFR takes over.

    Our focus of discussion is ebquota, how much and who is eligible. That is clearly documented in INA.

    INA also clearly describes family based.



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  • gc_on_demand
    02-17 05:38 PM
    Folks

    Please contribute for your self.




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  • logiclife
    06-20 12:38 AM
    I would like to clarify a few things possibly misunderstood lately.

    Firstly, IV core and all volunteers are fully aware and DO acknowledge that CIR, as we know today, is headed to its grave. Unless something new happens of political significance, all experts have ruled of reform before elections in November.

    Secondly, IV core never has and never will bet on one bill. We have said that before and we say that again. CIR is not the only bill we are looking at for passing reforms that provide relief to legal hi-skills immigrants. We will look at the next opportunity to introduce our provisions in and are not going to sit around and wait for elections to come an go. And that means any bill. PACE, SKIL, immigration related, competitiveness related - ANYTHING.

    Thirdly, no matter with IV or QGA does, or anybody does, a bill related to immigration is not going to be tabled on the House or Senate floor BEFORE CIR is officially dead. As long as CIR is even slightly in the picture, an immigration legislation will not be scheduled on Senate or House. That simply is not going to happen even if we hire 100 lobbyists and send million webfaxes. CIR has to go away first before Bill Frist or John Boehner puts another immigration bill on the schedule.

    However, if CIR dies, we and other organizations like us will spare no time in making efforts to put something on schedule - from house side or senate side.




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  • amitjoey
    11-17 03:45 PM
    Done




    ajaykk
    08-26 11:28 AM
    your spouses will get their EAD approvals in week to 10 days for sure.
    GCCovet

    Thanks gccovet..hope your words turn true soon.

    Thanks Sina, btw..did you or your spouse try calling the Cust. Reps? Just curious. I will try to call them today.




    pamposh
    09-17 02:38 PM
    Its unfortunate you are confused. Still appreciate you took sometime even with this confused state of mind to give your valuable 2 cents.

    First of all, its not between me and employer for that matter. USCIS is delaying the process with no logical reason ( am i repeating myself from my first post - hopefully you read again and properly this time Mr.confused ).

    All we want is to have them follow a pattern. Wait what am i doing here, you are confused, doesnt matter what i write here. Let me know when you are normal ( after all the hormones are in order, if at all that happens ), we can talk.


    GCStatus, I think Prashanthg's point is a valid one but that in no way means that we should not sue USCIS for what all they have been doing all these years. This in fact will help us prepare our case even more stronger against USCIS. It is best we ourselves find all the gaps we might have while we proceed with this case instead of them coming onto the issue.

    I would suggest everyone who ofcourse is in favor or in doubt to bring forward the issues they think we need to cover while we move on with this.

    Pamposh.



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