Saturday, July 2, 2011

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  • sidm
    04-10 12:38 AM
    That is already the law. But this law has been proved to be virtually impossible to enforce. The only practical solution is to deny H1-B's to consulting firms (at least for the positions that require the employee to work at the client location).

    All this consultant bashing aside...and while 70% are indeed crooks....there are a lot of Fortune 100 and 500 companies where the entire IT staff is on H1B visas through these same firms.....I wonder who will handle operations if this is banned outright.....there is a reason it is still being allowed despite the abuse....

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  • roseball
    11-06 05:44 PM
    Yes, I am not taking her words as unwritten law as we all know that NC is killing many people for years. So I would request to take that as a guide line.

    Another meaning I can extract is if today you took infopass for NC and got nothing or "pending" do not bother yourself next 4 months for inquiry.

    On a side note, I was wondering what happens to derivative/secondary beneficiaries 485 applications if the primary beneficiary is stuck in name check.....If secondary beneficiaries are cleared and primary is not, then does USCIS approve GCs for secondary beneficiaries..

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  • NKR
    02-13 10:26 AM
    I was on 5th year

    Sorry Shana,

    I am a bit confused now, are you in your 5th year extension?.. In which year did your H1 expire?.


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  • Soul
    02-10 01:14 PM
    lol don't ask me...

    Its getting interesting :moustache

    - Soul :goatee:


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  • BharatPremi
    11-15 12:18 AM

    Congrats that you got it somehow. I also took a Infopass on Nov 7th and status changed to "Doc Mailed" within 2 Hrs of Infopass Appt ( spooky :eek:)and we both discussed about meeting Senator's office if it doesn't come in 7 days.

    Looks like time has come for me to meet Senator/Congressman... Today is Nov 14th and in 7 days the mailed doc didn't come. I dont have any lawyer.

    Shall i go waste a day and meet Senator or wait for some more - Kind of in a dual doubt and confusion :confused:

    I would wait for one more week. Since you do not have lawyer, USCIS has to send you the papers. If within one week nothing happens, Go for one more infopass.. Best Luck.

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  • rameshk75
    02-12 03:45 PM
    Thanks Shana04.

    Can you pls mail me your contact details as i would like to talk to you for a while..if it's fine with you.. my email id is


    I have responded the same to "kishdam "

    I was in the same situation as yours.

    Just file H1B with different company but with same job title and jobe code.

    Then ask your attorney to send AC21, it is just a letter with new offer letter.

    Good luck


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  • paskal
    12-20 11:41 PM

    both Rajiv Khanna and Shusterman have fought these kinds of high profile cases
    wonder if they might be interested in something like this.......

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  • Munna Bhai
    08-20 03:49 PM
    I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.

    Is this Desi?? This is very very bad.


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  • sobers
    02-21 09:33 AM

    I don't think we need to get too worked about this, or spend much time responding to such "needless needling". I think your posts above should answer all questions.

    Let's focus on our mission- which is, to apprise lawmakers of the genuine plight of skilled, legal immigrants- folks who bring much needed skills to work for this country, folks who pay high taxes and contribute to their communities, folks who respect and follow the law!

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  • akv123
    07-13 06:40 PM
    I read, "why should I support if I am not affected or benefited". This level of selfishness surprises me (or considering average human nature, should not surprise me). Support is for the 'cause' not for the 'outcome' or its direct 'benefits'. If you believe in the cause, go and support; if not, go and oppose.

    I read that most would-be immigrants are differentiating themselves as an 'illigal' or a 'legal' immigrant. People are forgetting that legal or illegal both are immigrant and want to have a better life for themselves or for their family compare to what their own country have to offer to them. Where is the difference - look deep into your heart - difference is one has some additional pieces of papers while other does not. Stop differentiating! Start uniting and fight for the justice.

    So, do support this bill - I am 'so called legal' immigrant, my son is going to university (having H4 visa) but he is treated the same way as illegal sillegaltatus student is treated -- no financial aid is available to my son or in-state tuition fees. Where is the difference?


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  • webm
    06-05 12:44 PM
    Such thread are not created on this site. Even is not the place, as most applicants do not register with .

    It is also possible that very few visa numbers were available during May for EB-3 India.

    I agree...but sometimes few frequent users share that info here..and i dont see anything for May atleast..

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  • mallu
    02-20 04:46 PM
    Can anybody estimate out of the 47000 identified cases that is affected by Name Check...

    How many are real old PD's like

    Prior to 2003

    Between 2003 and 2005

    Between 2005 and 2007

    India / China / Mexico / ROW



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  • vactorboy29
    04-29 01:06 PM
    India was demanding latest fighter jets (F-22) but US can offer only old version F-16,F-18 to India. Basic reason for US denial to latest technology because of India -US relation and their status .US only offers new technology to its close allys. I think it was prudent move from India’s part to get latest and greatest technology. To get these new technologies US congress needs to pass law and define India as close ally.

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  • RNGC
    04-24 03:16 PM

    Oh man...very sad for you.....this should not be happenning

    Where are you ? If in India, go to CNN-IBN, NDTV or some news channel and get your story out....You are not doing any crime, you are just telling your side of the story.... I just sent a PM to pappu(admin) to see how IV can help people stuck in India


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  • Suva
    05-11 01:56 PM
    I have the same question. Recapture bill can be added as an amendment. Is any of IV's provisions there in the bill?

    Any idea if any of IV provisions (like recapture) being included in the bill?

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  • aroranuj
    04-19 12:36 PM
    Hello All,

    Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.

    She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.

    Can members with knowledge of these kind of scenarios shed some of their thoughts?


    Hello All,

    I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.

    "A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.

    Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.

    However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"

    Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.


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  • ilwaiting
    12-12 01:03 PM
    Here's your answer in the bulletin

    EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.

    I hope it doesn't retrogress in future.

    I still don't understand why is EB-2 not moving forward especially that EB-1 is current.

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  • psam
    11-03 12:22 AM
    See ya in two years, may be.

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  • EndlessWait
    07-27 01:40 PM
    A common misconception.

    Approving 25000 485s that were already processed and sitting in cold storage will take less than a minute.

    Approving meant simply running a program that assigned a visa number to a processed case in a loop that ran 25000 times. Such a program will complete in seconds. The paperwork for these 25k approved applications is going to take months and online updates of 485 approval are still trickling in.

    So there was no new found efficiency in USCIS as many seem to believe.
    Cmon guys do u think finding efficient ways was an issue at USCIS..They simply wont do such things..They are happy doing it a snail's pace and love the red tape. Too bad Mr. Kumar on the other side who is annxiously waiting, is being pro-active and offering help by giving algorithms.

    12-18 11:24 AM
    Guys, Just wondering if I would need a copy of my Perm and I140 while invoking AC21. I do have a copy of the I140 but my desi employer would not support me in any way. Please let me know.

    07-17 10:38 AM
    Sorry But please tell me how to do this?
    In IE, goto: Tools > Internet Options > (Temp Internet files) Delete Files > Ok

    Do same for "Delete Cookies" and then "Clear History"

    In Firefox: Tools > Clear Private Data > Check all boxes > Ok

    This should do it ...

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