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  • l1fraud
    06-16 10:39 PM
    There are lot of people losing jobs because of L1. I totally agree with L1Fraud that we need to expose this racket and make sure everybody is following the rules, period....People like ganguteli must be on L1 and they will always support to continue this fraud. Bringing people on low wages on L1 is causing lot of pressure on salary and I have seen whole floors being replaced from this so called highly skilled people on L1. I'm not against immigration but against people/companies breaking the rules..

    L1Fraud - Can you post on how to go about reporting this fraud. I know you mention about ICE? Do you have a format of letter and any suggestions on how to kick start the discussions and investigation....


    Go to ICE.gov website or use the below link
    "http://www.ice.gov/about/investigations/contact.htm"

    Please find to which IO office your region is attached, call the investigations office and talk to investigator and they will direct you to the local officer/investigator. Call the local investigator and he'll arrange to have a face to face meeting and he'll direct you regarding all the petition process. Please PM me know if you need any specific details.





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  • rodnyb
    04-02 12:50 AM
    EB3 Porting could use up to 8K though, and new filing could be 2K
    and EB2 I/C pre-07/2007 still have about 34K at the beginning of oct/2010
    So it is even at most...

    There are lots of uncertain
    1. EB1 is now the biggest uncertainty
    2. EB2 ROW
    3. Porting
    But EB1 and Eb2 ROW, EB2 I/c new fling (ppl who missed 07/2007 w/ PD before 07/2007) have to file in May to get it approved by Sept as processing time is 4 month.
    So After May, from June to August, it is all spill over game for EB2 I/C
    That is why i guess Charles is saying the trend is now, and will start use the numbers in May

    If 44k is the available number for EB2 I & C then the PD will move upto Jun 2008 with out any doubt. Even with the porting of EB3 to EB2 is accounted for.


    .





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  • stuck_here
    02-05 11:28 AM
    I've been stuck in India now for 55 days !:mad:





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  • singhsa3
    10-21 08:28 PM
    Can you please state the source of ur information.
    The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.

    Multiple I-485 Fillings Scenario:

    1. Two I-485 for the with the same primary applicant

    Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.

    Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.

    2. Two I-485 with different primary applicants (Primary on one and dependent on other)

    Case a: I-140 for one is approved while other's pending
    Case b: Both I-140 Approved
    Case c: Both filling concurrently in June

    Pros and Cons
    Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)

    Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)

    Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.

    Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.

    Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)

    Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)

    Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).

    Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.

    Summary of Pros and Cons
    Pros:
    1. More flexibility as there are two applications to fall back on.
    2. Only opportunity to file EAD/AP before retrogression kicks in.
    3. Useful if I-140 is pending and outcome of it is unknown.
    4. There are NO USCIS memos that prohibits such filling explicitly.
    5. Many lawyers have recommended this as a best option.
    6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
    7. If there are issues with multiple filling one of the application can be withdrawn.
    8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.


    Cons:
    1. Cost of two fillings (if paid by self)
    2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
    3. Apart from delays there has been indications that USCIS might issue an
    RFE and ask to choose one.

    Conclusion
    ========
    There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.



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  • vbkris77
    06-18 04:02 PM
    >> If they can't find a guy ....
    Total BS. Do you know how the market is. We have 2 open positions (dot net developers) that I am trying to fill up. We have got over 200 resumes in less than a week.

    So many consulting companies are offering H1-B resources at 40 to 50 dollars per hour.

    Wake up and smell the coffee.

    Hello.. Read my msg. again. I hiring managers are prefering onsite over offshore. Your reply doesn't prove anything otherwise..





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  • ganguteli
    05-09 02:50 PM
    Hunter,
    why don't you go back to the country where your immigrant great grandfather came illegally to this country.
    And BTW do not forget to say sorry to the Native Indians whom your great grand fathers killed before you leave.



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  • dontcareaboutGC
    04-05 05:48 PM
    I would like to think that by now DOS combined with CIS probably have a good estimate of the spillovers based on historical trends, current demand, pre-adjudicated cases, existing I-140's and porting cases. Assuming they have this data and the current availability of visas including spillover for 2011 as someone pointed out they might take the dates out towards 2008-2009 possibly since the CP cases are also coming to a close. Hence they could open a 2 year window so that the pipeline can move consistently instead of opening the pipeline by making EB2 India / China Current and flooding the system causing endless delays.
    I think most of us ignore the CP cases which DOS/ CIS has to ensure has a full workload possibly explaining the NVC updates of fee requests-

    I would bet that whatever they do they will work together with CIS is to ensure that workload with CIS and consulates all around the world is maintained and if anything a smooth consistent pipeline is also established for the future- this is just a guess- most of it is anyways.

    We will see....





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  • mallu
    09-25 12:33 AM
    I guess only a minority of people get stuck in name check ( unlike immigration portal forums , the FBI namecheck discussion thread doesn't move much) or may be that majority still in the 'waiting for receipt notice/FP' mode.



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  • crazyghoda
    09-23 04:57 PM
    I'm with Lingo since 2005 and I just changed over to the Hello World Max plan today (thanks to this thread). I called to ask if there is any penalty for cancelling and moving to Vonage since I am getting free calls to India and the CSR (a desi gal BTW) told me about this plan. She said there was no contract to switch and it would take effect from next billing cycle. She waived the plan change fee but wouldnt give me 2 months free like Vonage.

    So for now, I'll stick with them since now I really dont have much to bitch about. My phone bill comes ~$60 right now (yes I make a lot of India calls) so am glad to see it drop in half.

    As far as taxes go, it depends on your address so I think Vonage and Lingo should both be the same since the taxes are paid to Federal, State, County, City and they dont discriminate between companies. I know a friend who registered his phone in some god forsaken place since taxes there are very low but since this VOIP is my primary line, I need to have some kind of 911 service and am fine with the tax.


    Here is the taxes for Lingo service for VA.

    Federal Taxes & Fees: 0.36
    Universal Services: 4.64
    State Taxes & Surcharges: 3.37
    County/Local Taxes: 0.00
    Presubscribed Inter-exchange Carrier Chrg: 0.00
    Regulatory Recovery Fee for XXXXX 1.99
    Emergency Services Fee for XXXXXX 1.99
    ---------------------------------------------------
    Total Fees, Taxes & Surcharges: 12.35

    Talked to lingo Customer Service now.
    When existing customers change to the new Max plan, they have to sign up for a new 2 year contract.
    Also have to wait till the next billing cycle for the plan to take effect.





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  • hpandey
    08-07 02:39 PM
    I think we should concentrate on things which are beneficial for everyone - not only EB1-2 or 3 . We should get USCIS to improve efficiency, use all visas, get applications processed according to their PD and not randomly and above all do away with the country limits which is the biggest cause of this retrogression.

    When there are so many big issues pending I wonder why not concentrate on them instead.

    There are so many people from all EB categories whose I-140 has been pending for more than a year. Shouldn't that be a priority also because without an approved I-140 their GC will also not be approved even if they have a PD from 2001-2002.

    There are more important issues at hand here as I see it.



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  • pmb76
    07-14 05:01 PM
    Friends, There are several formatting errors on the petition on petiononline.com. The " show up as ? and the ' also show up as "?". I have created a new petition below:

    http://www.petitionspot.com/petitions/loudobbs

    Again , I'm sorry. Please re-sign. Once i reach a certain number like 1000 I will priority mail this to all senior executives of Time Warner Inc.





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  • Nil
    03-10 09:05 PM
    Thanks,

    This is funny - one red and one green, so it turned blue now.

    Anyway - can we quickly compile a list of to-dos to take this idea fwd?



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  • speddi
    08-14 07:17 AM
    Check with your lawyers. It should be easy to get an amended approval notice or atleast a letter from USCIS that it is okay.

    Thank you, attorney said it is OK, there should not be an issue at all.





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  • sc3
    08-20 07:54 PM
    Not excatly. eb3_2004 has posted the link of INA. You will find more interesting things if you read through it.

    Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.

    INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.

    It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?

    This is awesome lead. It suggests that barring 203 (which does not talk much about per-country limits) and paragraph 2 (which goes moot when there is spill-over), there should be no discrimination. But does the anti-discrimination apply to "qualification requirements" ?? That will be the counter argument against applying this section.



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  • puvathoor
    03-24 05:52 PM
    Good discussion thread..

    I just wanted to let you all know that in the firm that I work ( a fortune 10 company) job postings clearly require " unrestricted authorization to work in USA without sponsorship".

    I know that they have used this logic to screen out candidates who require sponsorship visas. EAD (for dependent) can be percieved as unrestricted work authorization for 1 year (or restricted because it ends in 1 year). EAD for primary applicant is restrictive on the applicant (because of the same/ similar job requirement)..





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  • pat123
    09-20 03:28 PM
    NSC
    RD: 7/20/2007
    ND: 9/19/2007

    So our NDs are very close to each other (9/17,18,19), perhaps it is pre-adjudication that is going on? Are y'all NSC as well?

    I am not sure what is happening. When I went to USCIS during Infopass, the officer at the time told me that my case will be looked upon when the notice date comes up.
    MY priority date is april25 2006 and the notice date was 09/18/2007. I didn't believe him. Even I raised the question in one of the forums and other guys shot me down saying the notice date is not important. But now I got an LUD on 09/19/2007 and that was the reason why I raised this question to you as well as HIINVIN66. I am assuming that the applications are looked upon based on the notice dates. If they under EB2, pre adjudcated and visa numbers availaible, MAY BE MAYBE we get green cards. IF not, We have to keep our fingers crossed. Let see what happens.....



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  • mariusp
    06-29 06:32 PM
    From Immigration-law.com


    06/29/2007: Time to Keep Emotion Under Control

    * The news of potential revision of the July Visa Bulletin is understandably taken very hard by everyone including this reporter. After spending sleepless evenings and weekends, this reporter feels like being hit by lightening rod from sky. But people should keep their emotion under control for a number of reasons: First, the AILA reports that they are working hard to stop the State Department from doing this. No one knows how much it will work, but no one knows whether they will change their mind either. Just calm down. Secondly, even if it is released, we have no idea which categories and how much there will be a retrogression. Some categories may turn out to be not too bad. We will just have to wait and see. Thirdly, the AILF is seeking a legal remedy should this rumor indeed materialize. This lawsuit threat may or may not affect the State Department one way or another. We are all educated people and should have received a proper training to maintain a decent composure and not to lose morality and reveal weakness of the personality. Losing one or two days will not induce the sky failling down. Availability of July 485 filing is at this juncture depends on two factors: One is whether the July Bulletin will indeed be revised and the numbers will be retrogressed. The other is whether the USCIS and the visa posts around the world will be able to adjudicate all the backlog I-485 or immigrant visa applications in a very short period of time. Until the Visa Bulletin revision news popped up, the only factor that would control the issue of how soon one should send in their I-485 applications was the speed of USCIS backlog 485 application adjudications during the next two weeks or beyond. Now, quite unexpectedly, our July 485 filing opportunities have been further mystified by not one but two yet-to-be-known factors - Visa Bulletin Revision and USCIS Backlog I-485 Processing Speed. As we reported earlier, we started receiving increasing number of backlog I-485 application approvals in the mail, but we do not know how fast it is undertaken by the USCIS at this time.
    * All of us have consumed ourselves for a couple of weeks this month by the CIR. The emotional distress have been futher exacerbated by the I-140 pps suspension decision. By now, we come close to the level of being exhausted. We should go home, take a deep breath, and enjoy family. Shutting this website will not give a peace to the wanderers. Have a nice weekend.





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  • puvathoor
    03-24 05:52 PM
    Good discussion thread..

    I just wanted to let you all know that in the firm that I work ( a fortune 10 company) job postings clearly require " unrestricted authorization to work in USA without sponsorship".

    I know that they have used this logic to screen out candidates who require sponsorship visas. EAD (for dependent) can be percieved as unrestricted work authorization for 1 year (or restricted because it ends in 1 year). EAD for primary applicant is restrictive on the applicant (because of the same/ similar job requirement)..





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  • pshaikh
    12-17 12:50 PM
    All - I see a lot of "views" but no replies...
    Please enter the info even if you have not received the passport yet.

    eg:
    Dec 5, Passport rcvd - NO (as of Dec 17), , H1-B, Chennai, Renewal-yes
    other details: <.....................>

    Any info. would be helpful at this time ... thanks!!!





    murugesh.naidu@gmail.com
    08-27 01:11 PM
    I called vonage cs too...she confirmed the 5k limit exists for residential vonage world program. Minutes are counted only against outgoing calls. 5000 min is approximately ~ 2.6 hours per day for 31 days which I think should be sufficient, unless you are running some kind of a business from home.
    In a case the 5k limit is nearing or has exceeded, vonage will send an email alerting us to this, at which point we will need to talk to their usage management team. This team will evaluate the situation for us - mostly that translates to this - if we exceed this again, they may make us get the next higher premium plan.

    Hope this helps..!





    pappu
    08-04 06:07 PM
    http://usinfo.state.gov/gi/Archive/2006/May/04-878088.html

    Immigration Security Checks�How and Why the Process Works

    Background

    All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion.

    Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin.

    USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases.

    Why USCIS Conducts Security Checks

    USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.

    How Immigration Security Checks Work

    To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:

    � The Interagency Border Inspection System (IBIS) Name Check� IBIS is a multi-agency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.

    � FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.

    � FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved.

    For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or even several years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.



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