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Wednesday, June 22, 2011

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  • kaisersose
    03-07 04:16 PM
    Until last year, it was important to announce a job change via AC21 to USCIS. This was because many sponsoring employers would revoke the 140 (even after 180 days) so that they could reuse the Labor for someone else.

    When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.

    This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.





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  • senthil1
    06-12 02:29 PM
    It looks like without H1b restrictions you may not get anything. That is mood in the Senate. If CIR is not coming what is your idea? Skill bill seperately is difficult if not impossible. Last minute they may increase H1b for a few years(But last minute increase of GC is impossible. You might have learned lesson on last lame duck session and February 2007) that will further screw up Gc waiting persons.If CIR comes you can have a chance of some favorable amendment in House if not happens in Senate. Also if you oppose CIR you are joining with your enemy and you have risk of losing crediblity. Compete America does not oppose CIR and they are opposing some portions and trying Amendments and they did not advice to any Senator to oppose the bill

    So what is your point, you say only CIR can bring any relief to eb immigrants and no other bill like skil will be considered, but cir will not gives us any relief at all, so you would prefer a cir without any relief for us rather than not having any bill?

    all this talk about cantwell amendment, what does cantwell amendment offer us, it offers us nothing that we dont already have. Canwell amendment is the best amednment we have so far, that should give you an idea of the pathetic situation we are in. Please start opposing this bill. If not, can somebody enlighten me what is the "good stuff" i am missing in this bill.





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  • GCBy3000
    07-13 12:27 AM
    Dear friend, I agree with you on this one if she had done it on July 3rd or 4th and not later. It is for mere publicity and I have heard several bad things about her in the past. May be she is very knowledgeable in the immigration laws, but if the knowledge is not used in the right way then it is not going to help the society.


    People, I think it is best we not doubt the intentions of anybody willing to speak on our behalf. It is a critical hour and we will take all the help we need. Murthy could've just not sent the letter and kept quiet. What would you say to that ? What do you say to other lawyers who have not even done this simple thing of writing a letter to Chertoff ?
    Atleast she's not trying to add millions of hits to her website by writing sensational news every hour, unlike some other lawyers :)
    I think she deserves a "Thank you" for this nice gesture.

    Full Disclosure : My lawyer is not Murthy. I have spoken with her once long time ago and decided not to go with her for other reasons.





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  • ZigZag
    07-13 03:28 PM
    See the attachment which I had come across in this forum and saved it

    Hope this is helpful.



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  • gc_bucs
    02-18 04:33 PM
    Not sure where you read that H1B would be eliminated totally. It does mention Elimination of H-1B Classification for Fashion Models

    Below is the text

    TITLE VII--EMPLOYMENT-BASED IMMIGRATIONCommentsClose CommentsPermalink


    SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
    Section 274B (8 U.S.C. 1324b) is amended--CommentsClose CommentsPermalink



    (1) in subsection (a)(5)--CommentsClose CommentsPermalink



    (A) by amending the paragraph heading to read �Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment�;CommentsClose CommentsPermalink



    (B) by moving the text down and to the right 2 ems;CommentsClose CommentsPermalink



    (C) by inserting before such text the following: �(A) IN GENERAL- �; andCommentsClose CommentsPermalink



    (D) by adding at the end the following:CommentsClose CommentsPermalink



    �(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual�s immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.CommentsClose CommentsPermalink



    �(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual�s immigration status.�; andCommentsClose CommentsPermalink



    (2) in subsection (c)(2), by adding at the end the following: �The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term �Special Counsel� includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.�.CommentsClose CommentsPermalink




    SEC. 702. DEPARTMENT OF LABOR TASK FORCE.
    The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary�s recommendations based on the study.CommentsClose CommentsPermalink




    SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
    Section 214 is amended--CommentsClose CommentsPermalink



    (1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; andCommentsClose CommentsPermalink



    (2) by adding at the end the following:CommentsClose CommentsPermalink



    �(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:CommentsClose CommentsPermalink



    �(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.CommentsClose CommentsPermalink



    �(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.CommentsClose CommentsPermalink



    �(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.CommentsClose CommentsPermalink



    �(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.CommentsClose CommentsPermalink



    �(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an �Office to Preserve American Jobs� within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.�.CommentsClose CommentsPermalink

    SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.
    (a) Elimination of H-1B Classification for Fashion Models- Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended--CommentsClose CommentsPermalink



    (1) by striking �or as a fashion model�; andCommentsClose CommentsPermalink



    (2) by striking �or, in the case of a fashion model, is of distinguished merit and ability�.CommentsClose CommentsPermalink



    (b) New Classification- Section 101(a)(15)(O) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)) is amended--CommentsClose CommentsPermalink



    (1) in clause (iii), by striking �clause (i) or (ii)� and inserting �clause (i), (ii), or (iii)� and by redesignating clause (iii) as clause (iv); andCommentsClose CommentsPermalink



    (2) by inserting after clause (ii) the following new clause:CommentsClose CommentsPermalink



    �(iii) is a fashion model who is of distinguished merit and ability and who is seeking to enter the United States temporarily to perform fashion modeling services that involve events or productions which have a distinguished reputation or that are performed for an organization or establishment that has a distinguished reputation for, or a record of, utilizing prominent modeling talent; or�.CommentsClose CommentsPermalink



    (c) Effective Date and Implementation-CommentsClose CommentsPermalink




    http://www.opencongress.org/bill/111-h264/show

    This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.

    Please add your views about this bill.

    Also, is there a IL chapter for IV?





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  • desi3933
    03-10 02:28 PM
    >> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.

    Would you mind explaining two "they" here? Whom you are referring to?
    Hint: This is a trap question.


    Since you chose to not to answer my question, I assume you have no idea what you are talking about.

    Please ignore MDix.



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  • hebbar77
    11-12 09:07 PM
    I guess this is important. rest will follow.
    We must gift him something special. How about a puppy.





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  • Ramba
    07-14 06:11 PM
    Guys. Stop threating the original poster. One can verywell change the employer before 180 days of 485 pending and enjoy the AC21 poring benefit. The only rule is "485 has be remain pending for 180 days" for AC21 benefit. One can change job anytime, even before 180 days. The only time it is invalid is, if a guy leavs the employer iwithin 6 months of 485 pending and 485is approved within 180 days of filing, then the GC is invalid one.



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  • ita
    01-31 12:24 PM
    desi3933,

    Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:

    From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
    There is nothing like out of status thing from the time we apply for 485.

    But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.

    My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
    Will the W2 be sufficient or do we have to show our monthly pay stubs.
    You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?

    I would highly appreciate response.Thank you.





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  • alex99
    04-07 05:04 PM
    HI BharatPremi,

    Thanks for your response.
    are the cases with 'Received Regional Office' status should be counted as Certified cases?.

    Regards,
    Alex



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  • alex99
    10-30 04:03 PM
    Participate in EB3 Poll





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  • another one
    07-09 02:26 PM
    FOR IMMEDIATE RELEASE



    Azulay Horn & Seiden, LLC Files Class Action Law Suit against the US Government for Refusing to Accept Green Card Applications



    Chicago (July 9, 2007) � In the shadow of the debate about comprehensive immigration reform tens of thousands of skilled employment based immigrants awaiting their opportunity to legally apply for green cards have been unfairly denied the opportunity due to potential deliberate miscommunication � and an attempt to collect higher filing fees � from the U.S. Department of State and the and U.S. Citizenship and Immigration Services (USCIS), the agency that processes visa and citizenship requests.



    On June 12, the State Department announced in its monthly Visa Bulletin that beginning July 2 and for at least the entire month of July, all skilled workers seeking employer-sponsored green cards would be eligible to apply. However, on July 2, the State Department announced that they were breaking with 30 years of tradition and issued an update claiming that no more green cards were available because �the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month.� USCIS followed and said that as a result they were going to reject the green card applications of anyone who applied relying on the July Bulletin. This meant that the thousands of immigrants who followed the government�s instructions and obtained the correct paperwork actually had no chance to receive a green card.



    In response, Azulay Horn & Seiden, LLC, the largest immigration law firm based in Chicago and fourth largest in the United States, on Friday July 6, filed a class-action law suit on behalf of its clients and all those like them, against Secretary of State Condoleezza Rice, the Department of State, Secretary of Homeland Security Michael Chertoff, the Department of Homeland Security, and USCIS, and Emilio Gonzalez, and F. Gerard Heinauer of USCIS for announcing that they would refuse to accept the green card applications on behalf of the skilled workers. The suit seeks a ruling that would keep applications filed in accordance with the original July Visa Bulletin from being rejected.



    Azulay Horn & Seiden is the first firm to act proactively and file a complaint. �These are legal immigrants who have followed all the rules,� explained Ira Azulay, CEO of the firm. �They are productive members of our society and deserve to be treated fairly by our federal government. The State Department and USCIS acted against their own rules and 30 years of historical practice when they updated the Visa Bulletin and reneged on their historical obligations. They need to be held accountable for their actions and do right by these people. Acting any other way sends the horrible message that following the rules is worthless.�



    The representative plaintiff in the case is Chicagoan Gabriela Ptasinska, a native of Poland who is lawfully present in the United States on a non-immigrant visa, working as a land planner with Manhard Consulting, Ltd. Given the Bulletin, Ptasinska and thousands of legal immigrants across the country worked to obtain the necessary documentation for their chance to receive a green card only to have it snatched away on July.



    �I am a law-abiding, hardworking member of American society and have worked relentlessly to lawfully become a permanent resident of America,� said Ptasinska. �Now I feel like the rug has been pulled out from under me. I held-up my end of the bargain by doing everything the government told me to do, but USCIS did not keep their word.�





    Mr. Azulay is available to discuss with the media the class-action suit and the impact of the government�s recent actions. A copy of the complaint in the matter of Gabriela Ptasinska, on behalf of herself and all others similarly situated v. U.S. Dept. of State, Condoleeza Rice, U.S. Dept. of Homeland Security, Michael Chertoff, U.S. Citizenship and Immigration Services, Emilio Gonzalez, and F. Gerard Heinauer, Case No. 07 C 3795, can be downloaded from Azulay, Horn & Seiden�s website at www.ahslaw.com. People interested in joining the class can also visit the website to provide their information.



    Azulay, Horn & Seiden, LLC (www.ahslaw.com) is Chicago�s largest immigration law firm and the fourth largest immigration firm in the country. AHS provides comprehensive US immigration legal services for businesses and individuals (including visa petitions, green card services, consular assistance, naturalization proceedings, immigration representation in all U.S. Courts, and appellate work), immigration consulting to businesses, as well as immigration related legal services (e.g. family law, criminal law). Its main office is located at 205 N. Michigan Ave., 40th Floor, Chicago, IL 60601, with other offices in Florida, Wisconsin, and Manila, Philippines. For more information contact them at 312.832.9200 or by email at info@ahslaw.com.



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  • GCBy3000
    01-16 10:10 AM
    I have already signed up through my bank to send $20 everymonth to IV. It will also have memo with my name gcby3000.

    So you can count me against $20.





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  • jonty_11
    12-10 11:48 AM
    at which point it will be alottery again ..until dates move back to the stone age..in August 2009



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  • johnmcdonald98
    07-05 12:19 PM
    I go against this idea, because this doesn't work out logistically.

    First as others pointed out traffic will be way less as soon as IV charges,

    second, what would be the cut-off? $5 or $100? So if person who paid $5 might get the same privileges as guys who paid $1000? Is it fair, then you need to come up with normal, premium membership etc..

    Third, as soon as you make people pay, they become more demanding as they need to know where their each cents have been spent. I guess then IV core member needs to answer questions related to this more than actual issues

    by the way who and where do they keep the accounting in IV?





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  • kaisersose
    02-21 04:12 PM
    I had one question. If there 140 K quota and 400 k employment AOS pending shuldnt they be cleared in 2-3 years (140k*3) since no matter what 140 k visas are going to get used (for example if there are leftovers others will get it)?

    Even assuming hereafter no visa numbers will be wasted, It is not exactly FIFO for that to happen.

    Consider this:

    a) The Indian Applicant started back in 2003. In 2009 everything is done except assigning a visa number to this case.
    b) There is a German Applicant who will start in 2008. In 2009 everything is done except assigning a visa number to this case.

    The German will get a visa number assigned and a green card, but the Indian will not as he still has thousands ahead of him waiting for visa numbers.

    Therefore 400K at 140K/ year is not how it works.



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  • Rakson
    03-17 04:40 PM
    How do you guys find out what job code your H1B/labor was filed under?
    My H1b saus 030, but I think the job is a 6 digit number.
    Where can I locate that?

    >>>Check your Perm Labor Section F column 2

    My Question is>>
    My case was filed using labor substitution. How can I find this info?
    Thanks!
    Rakson.





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  • tabletpc
    12-20 04:28 PM
    Have you been out of country anytime after this...??If yes then you are fine.

    Once you re-enter US..all previous records will be cleared....!!!





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  • mnq1979
    08-21 09:46 AM
    Well consult a attorney and discuss with him. Your case looks complicated to me, i would suggest you to get a good attorney to sort this mess.





    abc
    11-20 11:40 AM
    5+ yrs, no promotion, pennies as salary hike(once reduced in 2001).

    I have decided to break this GC CHAKRAVYUHU.





    singhsa3
    03-16 01:57 PM
    Your are not wanted here and no one likes you. You are an anti-social element and should be banned now.
    dont "warn" me..........you think i give a damn about your "warning"??

    the right to speak is MINE. all YOU can do from your high horse is ban me from the forum.

    i really dont care, i still think interfilers and substituters should get what they derserve. every single bit of it. may they really, truly, go to hell, and stay there indefinitely.

    and NO, dont preach to me about trying to "fix" the system. the agenda here is mostly EB3, and mostly Indian, at best. the multitudes of diploma holders get pissed when i call them out for what they are...........why are THEY so sensitive and ashamed???

    i have a RIGHT to be in the proper EB queue, which i EARNED, and did not employ cheap desi-employer tricks and other games to get into........if that does not answer your doubts my friend, then as i said earlier, ban me..........i dont really care either way.

    i dont advertise what i have done or can do for IV. somehow, that is a little demeaning. sort of like going to a temple and offering some money and then coming out and proclaiming to one and all how generous a give you are....