Saturday, June 11, 2011

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  • days_go_by
    03-08 05:09 PM
    based on country of origin, why even aus? is it because their spouses are more productive than our spouses? or is it because most aus are white,

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  • spdy_mn
    05-30 06:34 PM
    would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience.

    That pretty much covers almost all of us in IV

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  • Sideliner
    03-14 04:25 PM
    Therefore best advise in EB3 India folks to convert into EB2 to get use of early PD like 2002 or 2003.

    This is like telling passengers to move to the other side of the boat when it starts sinking one side. The outcome is only making the boat sink faster. Remember, the huge backlogs are not completely due to unavailable visa numbers.

    Unless there is a real need, moving from EB3 to EB2 dont make much sense.

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  • brugen
    08-19 03:09 PM
    Fragomen employees are told they represent the company. The company is their client. They are a corporate law firm. There are instances when the law firm represents you, the foreign national. Usually this is when you are applying via a marriage based case, or are in the final green card process and it has reached portability. There is information that law firms cannot release to you as some information requested belongs to the client, and they must receive authorization from the client. Yes, I used to work for Fragomen, before anyone wants to assume anything. I was a paralegal and worked hard for every case that was given into my hands. I specialized in the green card process and made sure I responded to every foreign national as quickly as I can. Please understand that paralegals and legal assistants are subject to the attorneys they work for. Therefore, some questions you may ask require an attorney to respond, and the paralegal or legal assistant's delay may be in trying to get the answer you require. I know not all Fragomen offices work the same. Not all will respond to you in the same manner. Some may be worse than others. So if you are going to defame Fragomen, would you please try to specify which office you are referring to?

    I have read through all the posts on this thread and I know some of you have positive experiences, while others have had very negative experiences. To those of you who have had negative experiences, I am sorry that your case went to someone who only looked at their work as a job. For me, each one of my foreign nationals were special cases, each required as much care and concern that I could give them. None of my cases were ever denied. I wish you all the best in this process. I know it is a long and, many times, frustrating process, especially with countless delays due to either the law firm, your company, or the government.

    And for the person who had asked about the prevailing wage, it comes from the state employment department, not the federal government. Some offices work faster than others. When a prevailing wage comes back higher than what you are making, the law firm then has to go back to the employer to find a resolution, which can mean either an increase in the salary once you have received the green card, or confirmation that is what you will be making at that time, or a reduction in the requirements, which can sometimes take a case from EB2 to the EB3 visa category.


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  • abhijitp
    02-15 02:19 PM
    Just heard that my friend has collected 20 petition letters for me, thanks Tarina! Very excited to be at 194 this morning :)

    Wow... you rock! I really need to get cracking now!
    This is an exciting contest... and the best part is we all win in the end:)

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  • amitjoey
    05-18 02:28 AM


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  • NolaIndian32
    05-01 09:48 PM
    New total is at $9,211.

    We have crossed 9K... now lets get this past 10K.

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  • vinabath
    03-21 03:07 PM
    I am not insecure but I AM frustrated at your arrogance.

    Trust me buddy I had the same feeling when President Bush said that he is on top of things when he was talking about recession.


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  • needhelp!
    02-12 07:22 PM
    You have 147 to your credit now.

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  • h1techSlave
    04-29 12:41 PM
    Thanks for the update.
    Update: In the subcommittee hearing tomorrow let us expect our issues raised. IV has successfully communicated issues of IV community to the subcommittee members. Let us wait to see if all of those are addressed in questions. This is all possible due to support of members who contribute to help us with lobbying efforts.


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  • eastindia
    01-12 01:14 PM
    Sorry eastindia but you are plain wrong. The US is not East India Company.

    Here are the facts about the US checks and balances:

    1. No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government.
    2. If the Supreme Court strikes down a federal law, Congress can always modify the law until it is such that the Supreme Court does not consider it to violate the U.S. Constitution. Then they would have to vote to pass the new law, and the President would sign it.
    3. The Supreme court can overrule its own rulings.
    4. Congress can rewrite a law to conform with Constitutional standards.
    5. The Constitution can be amended. This would require a two-thirds vote of both houses of Congress, and ratification by three-quarters of the states (actually, at least 39).

    If you think a law is unconstitutional then it can be challenged in the court. For example, there was an article in WSJ about some lawyers planning to challenge the health care bill once it becomes a law. One of the reasons: the health care law would require a person to buy health insurance, which infringes upon constitutionally guaranteed individual right of freedom. Now not to deflect from the topic of this thread, the bottomline is if you think the law is unconstitutional then you can challenge the law in the court.

    The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)")and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.

    You are talking about rights as if you are a citizen of this country. Constitutional rights are given to the citizens of the country. It is not your right to stay in this country. Legally it is your employer who wants you here and petitions for your Greencard. Now can you get your employer to talk to your congressman or media or file a lawsuit for you?

    There were some folks talking about lawsuit 3 months ago after the visa bulletin. That thread ran 9 pages and nobody did anything. 2 months ago again people talked about lawsuit and hunger strike. Nobody did anything. So it is not going to happen. Are you willing to spend thousands and keep going to courts or testify? Are you ok with your greencard application be used as an example and allow USCIS to scrutinize it?

    This talk about lawsuit is all gas.

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  • gccovet
    09-25 08:27 AM
    prince_charming, you had mentioned that you had done H1 transfer with AC21.
    I think it was mentioned in one of the posts in Murthy site that such a situation could lead to denial of I-485 as it would constitute abandonment of AOS application. One should use EAD after filling AC21.

    Hope Spring,

    Can you back your post with any links?

    I recently talked with my lawyer and also took consulting (paid $$$ for hourly consulting) with another lawyer as I am going thru the same route. Both the attorney mentioned there was no problem doing ac21 for H1 while AOS was pending for > 180 days and 140 approved .



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  • Neo7
    03-11 08:57 PM

    During the July 2007 fiasco I applied for I485 and I got my EAD and AP, but I have not used the EAD and still using and maintaining my H1.

    Here is my dilemma, 2 years ago I went to India and used my AP when entering US though I had a valid H1 but I did not get the Visa stamped and after entering US on AP I am still using and maintaining my H1 and NOT using EAD. Recently I also got a 3 year extension on my H1.

    Now I am applying for my new AP as the old one is expired. My question to you gurus is what should I put in the "Class of Admission" field? Shall I put the AOS or H1?


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  • chmur
    11-17 02:33 AM
    I understand the need to gain grassroots strength, But at the same time I expect that IV core members to do better than arbitrary curt responses directing everyone to state chapter on this forum.

    I am sure IV core do better, like for example, well crafted sticky memo explaining the need for state chapters/grassroots strength and dangers of remaining only an internet based group of anonymous members and why agenda of the IV will not be discussed or revealed in this forum. There was one good post explaining this.

    Such a professional explanation is required to gain the respect of the newcomer on this forum and his views and at the same time promoting IV objectives.

    IV and rest of us need each other to get this huge problem fixed.


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  • indyanguy
    03-14 12:57 PM
    Have a cup of coffe, it is sprint break time, I am taking my daughter out....also I am going to meet some friends over this weekend.

    This EB-2, EB-3, ROW, India, China..... only hurts me when I think about it! As long as I am busy with my day to day is beautiful.

    Going to make a cup of coffee and watch my fav song on YouTube! Cheers...

    Have you take a day off today? For those of us at work, life is not that beautiful :D

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  • belmontboy
    05-29 04:09 PM
    They are proving themselves as idiots. Who else has money to fly now a days?

    Well, if your travel agent offers a Air France ticket, refuse and tell him the reason why u don't want to fly them.

    First of all their tickets are way too pricy. People pay shit load of money and get treated like a dogs?? We have choice no matter where u fly from. Try to avoid these European carriers. Try to fly Asian or Indian carriers.

    Air France needs to learn that everybody is a customer, irrespective of their skin color/race. And every customer is entitled to same service as rest of them.


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  • pappu
    11-14 08:26 PM
    December Visa bulletin is obviously frustrating for all of us. After the recent accomplishments in July visa bulletin and the tons of approvals that we saw after that, we hoped that everything will be alright.

    But that did not happen. Some of us in the community were taken by surprise, but this was expected. Afterall there are only 140K greencards available every year. EB2 for India and China is already used up for the quarter. EB3 is badly retrogressed for everyone.

    Believe me, it will not get any better. It will get worse with time if there is no immigration reform.

    IV can only do what its members empower it to do. If members want us to be just a site for question and answers for individual visa problems we can stay like that. If members want us to come together and do a rally in DC, we will help organize it. We did a rally in DC on Sept 18 and made great progress. However we cannot just sit back and admire one effort. We need to continue it and capitalize on it.

    Now is the time for everyone to decide if they want a greencard. If you need a greencard, and want to do something about it, then you must join this effort and help yourself by helping everyone.

    Our Plans

    Our next hope is year end bills. If we can get some provisions in those bills we can certainly look forward to a happy new year with fast movement of visa dates. Next year is an election year and it will become much tougher for any immigration bill to pass. We will need to make super extra push next year for something to happen. So the time to act is NOW.

    We have achieved great successes when we all came together and did something. If you need proof read Macaca’s post with compilation of our achievements.

    IV only asks 3 things from each one of you. Having these 3 pillars of support from members we will be able to increase our chances for an year end push.
    ================================================== ===============================
    1) Please sign up for monthly contributions. Monthly contributions help us plan ahead of time and commit our resources. Your participation will determine how big of a push we can afford. Just $50 every month per person can have significant effect on the overall push that IV can plan so please consider contributing..
    Please post on this thread, if you have signed up for monthly contributions.
    ================================================== ===============================
    2) Join your state chapters now. Get together with your fellow community members and meet your local lawmakers. We are a grassroots effort and can be successful if each one of us makes a sincere effort to meet our lawmakers and apprise them of our issues.
    ================================================== ===============================
    3) Consider yourself part of something big. What we are doing is something big. We have already done what was difficult to think when this organization was started. Today we have become a big force and a voice of legal high skilled community. Each one of you defines what IV is. Your posts, your talks with media, your talks with your friends about IV, your talks with your employer about immigration problems, your time and effort you put in for IV defines who we are. Each one of you is important for the success of this effort. Each one of us is a voice and we have converged our energies to make a strong voice. Please consider yourself an integral part of IV and actively participate in the effort.
    ================================================== ===============================
    Let us start a massive effort in this direction and make a year end push!

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  • gc_lover
    07-05 08:55 AM
    Everybody is getting different answers from USCIS. They don't know WTF they are doing!

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  • andy garcia
    06-13 09:26 PM
    Can I485 be applied through local USCIS office instead of the service center? if yes, whats the procedure?


    Employment-Based Applications

    If you are filing for lawful permanent resident status based on an offer of permanent employment in the US, you should submit your I-485 to:

    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    This includes an EB I-485 if you are filing a Form I-140, Petition for Alien Worker, concurrently with your I-485, or an I-485 filing based on a pending or an approved Form I-140.

    07-03 08:44 AM
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    07-21 03:35 PM
    I agree with you 100%
    If we have filed our cases earlier - We have every right according to me to get our cases approved before others.. If they leave status current till everyone labors are approved (According to backlog center Sep 30 07) - That would resolve the issue/confusion.
    If a clause exisits for us mentioning our 140/485 would be accepted next month would resolve the issue - any thoughts!!!

    P.S: Others whose cases are current - I ' am happy for you too..

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