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  • snathan
    08-21 01:50 PM
    I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
    Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
    If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
    My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
    Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.

    I dont think your issuse can be fixed even by attorney. You are not coming under any category to file Green Card. So prepare for yourself to go back and build your life back in canada.





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  • shreekhand
    05-14 12:28 AM
    Unfortunately one needs to have a GC or be a USC in order to be eliglible for FAFSA or any federal financial aid.





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  • hebron
    08-10 06:13 PM
    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile


    Hi gk_2000, May be I am the only one who doesn't understand the idea. If you don't mind could you please explain what you proposed with examples?





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  • ItIsNotFunny
    03-10 04:22 PM
    Until Economy is back on track and unemployment rate is back to below 5%, do not attempt anything that pisses of American public. It is not the public perse, but those anti-immigration idiots will cry foul and make GC process even harder.

    Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".

    They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.

    They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.

    IV core, think about this.

    All of above suggestions needs a strong case building. Getting real information about queue is key factor in case. This is why we have FOIA action item running on full force. Would you like to contribute? http://immigrationvoice.org/forum/showthread.php?p=325183#post325183



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  • luvschocolates
    08-21 08:06 PM
    Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
    And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
    They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
    No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.





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  • arsh007
    02-01 11:38 AM
    Looks like there is now an increasing awareness of how Desi Consulting companies are bringing in a bad name to the entire desi population in this country.

    Found this email from Google H-1B Group: from
    infoprovider_ 2 at yahoo dot com.

    Hi,
    I would like to inform you about the large scale fraud going in the
    technology world today in USA. I know of many small-mid sized IT
    consultancies in US, which are founded by Indians. They recruit people
    (1) with degrees from various fields, most of the candidates recruited
    don't ever have any experience in computers. They train them in some
    tools (2) and change the resume totally (3), someone who has knowledge
    relevant to the job takes the interview instead of the actual candidate
    and they get placed. Ironically, even though these jobs advertisements
    say that around 5 years of experience is required, usually someone with
    not so high aptitude and limited trainig in that parituclar tool (2)
    can manage to sustain in that position, this is very real, these jobs
    can be done that way. They manage to get jobs in the biggest of US
    companies (4).


    This consultancy fraud is know to almost every Indian working in the
    technology sector. The consultancies almost don't take any one other
    than from India and surronding countires like Bangladesh, Srilanka. 99%
    of those i have seen are from India and the remaining 1% from
    Bangladesh, Srilanka etc.

    How many are doing this?
    I believe there would be atleast a few thousands of consultancies.
    Wanna find them? SOme of them advertise in Indian content sites such as
    sulekha.com. Look at the right hand side of the page
    classifieds. sulekha.com

    Who is loosing due to this.
    If this jobs can be done by someone with no experience in that
    technology, can't these be done by those americans who have a better
    experience (say 2 years or even 1 year), these folks work sincerely and
    go with correct resumes get X dollars where as the fraudsters get 3X -
    5X dollars.

    I don't say that every one from India are doing this. But a significant
    many are doing this. I know around 30 people working in US in
    technology sector. Over 20 are working this way. I can confidently say
    hundreds of thousands are doing this today and each year at least 50000
    (from student pool, dependents pool, directly coming to the
    consultancies as H1b workers from India) are joining them. Also, I am
    talking about the small to mid sized (1- 1000 people) consultancies not
    the big Indian consultancies such as Infosys and TCS.

    Solution:
    A lot of things can be done. But the simple thing that's easy to
    implement by the americans and thus not impede their productivity by
    spending too much resources in verifying the authenticity is this
    Let the INS provide the details of the H1b holders to the companies
    when asked by the companies only (this is similar to letting others
    e.g., housing provider, know about one's credit history). So, with the
    applicants SSN the companies can see the basic information like when
    the applicant has got his H1b approved and the resume submitted by the
    applicant with his H1b application (usually not many applicants give a
    very wrong resume to the INS while applying for the H1b). This
    eliminates almost all the cases of fraudsters (since they can't come to
    US today, one or two years ago and say that I have been working here
    for 5 years). This is one simple solution, easy to implement.
    There are many othere solutions



    (1) Whom do they usually recruit

    Thousands of students come from India every year to pursue Masters
    degree. They come to pursue Master's in various fields, the fields in
    which they have done their bachelor's back in India. Only about a
    quarter of them manage to get jobs in the fields in which they have
    done their Master's as direct employees of the companies. The remaining
    join these consultancies as they can easily get jobs through the
    consultancies.

    Dependents, mostly those who come as spouses (coming as wives). They
    might have done some bachelors degree or Masters back in India in some
    field. Many of them not in computers. They don't have any experience
    there. They can easily be placed by the consultancies.

    SOme others pay these consultancies for sponsoring H1b visa. Typically
    the consultancies take the fee required for teh application and the
    lawyer fee (usually USD 2500-USD3000) . SOme of these cases are those
    with experience in IT in India. But significant number of the remaining
    are not experienced. Recently I have seen people who have been to other
    countries for their studies like Australia and Europe coming through
    the consultancies this way. Even most of these guys have no experience
    in IT, most experience in no field.



    (2) Which technologies they work in
    I have seen that the technologies they work in are in which the pay
    rates are high (because of lack of skillful people) like SAP,
    DataWarehousing tools. They also work in other fields like Testing etc.
    There are literally hundreds of thousands of jobs in these fields.

    (3) How much is the resume changed
    They change the resume totally. Every resume says the person has worked
    in US for over 4 years, doesn't matter if it is someone who came for
    masters to US an year or two years ago or someone who very recently
    came as a wife to someone.
    All most everyone's resumes have over 5 years experience where as in
    reality almost everyone don't have that much experience. If someone has
    that much experience they wouldn't go through these consultants who
    take a big fraction of the pay they get from the clients.

    Can't it be detected?
    No, in most cases its hard (expensive) for the recruiters (the clients)
    to find the authenticity of the resumes submitted. There is no proof
    that these resumes are authentic. Just in case some references are
    needed the consultancies give a dummy reference, and some phone number
    (they can ask some contacts, their acquiantainces working in some
    companies to take the call,if at all they feel that the client will
    find out from the phone number which company does this phone number
    belongs to, but most of the client companies don't go that far too, so
    a guy's mobile number who is working in the consultancy itself can be
    given as referencees contact number). It is hard to remember the voice
    by the interviewer after a few days of the intrview and usually these
    candidates join at least after a week after taking the interview (even
    if the candidate joins in 3 days, its hard to remember the voice as the
    interviewer usually interacts with many people (particularly they being
    in team lead or managerial positions)



    (4) I personally know people working in Microsoft, IBM, TEK systems,
    Cingular, Amazon, Accenture, Citigroup etc. This says such people are
    working in almost every technology company in USA
    So then, how is an American, like me, who spent tens of thousands of
    dollars to get thru 3 yrs. in a technical school that ended with a
    Bachelor degree in Science with Computer Information Systems, with
    honors, supposed to get a job in the IT community while these
    fraudulent (most likely illegal alien Indians) take the positions away
    from me? I worked my a$$ off studying hard, working hard, worked at
    the school, even took an extra course study in computer hardware
    configurations, and STILL, these IT companies DON'T want to even speak
    to me because they OUTSOURCE from these FRAUDS! How FAIR is
    that???!!!



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  • ps57002
    09-10 07:53 PM
    2 sites reporting that the bills were marked up....

    http://blogs.ilw.com/gregsiskind/

    http://www.immigration-information.com/forums/showthread.php?t=6221

    so is it true that they are now going to go to the floor????





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  • GCard_Dream
    12-28 12:26 PM
    Both of the flights were on the same itinerary and were booked through Thai. United was asking for money for international part of the travel because he said that Thai would charge United for the extra weight if United checked in the luggage all the way to Bangkok, which isn't really true because Thai did allow 70 LB then. I am not sure what the regulation is now.

    I think you are right that the guy was probably ignorant and didn't really care becasue I wasn't flying United after LA anyways.

    i have never had that problem
    may have been because you booked those flights separately, if they are on the same itinerary and both were booked through Thai, United should not do that, guess they don't care because you are not continuing on United. btw how could they demand money for the international part of the flight- they are not Thai and their rules don't apply...i also think the person you dealt with was ignorant...

    the problem i have seen- you fly into the US and have a connecting flight onwards- if you take it withing 24 hrs ie same day- bags just continue- if not you are stuck with domestic rules. now it no longer matters on american carriers at least, intl allowance has also been decreased to 50 lbs.



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  • thomachan72
    05-26 05:00 PM
    The point, like ACLU said, is : People should not be stopped/searched/questioned for no reason. It must be done only in response to a suspicious activity.

    This treatment of non-citizens vs. citizens is similar to black people not allowed to sit in the front seats. Just a new form of profiling.
    I completely agree. This is supposed to be the most advance nation on earth. If we show the drivers lisense and give them the social security number, shouldn't they be able to see whether we are legal or not? Carrying the I-94 is a possibility but it is not a picture ID. I am sure they will ask for passport if you only have the I-94. Now if I am required to carry my passport all the time that becomes a real pain particularly if we are on H1/L1 and present for quite a long time. I understand such requirements for B1/B2 who dont establish residence and are either in a hotel / somebody elses apartment. The bottom line is, "times are bad and they are looking for somebody to direct all their anger and unfortunately it is us that they have chosen". I still dont understand the logic behind this. Americans hate people comming here to work but appreciate people staying in their own country and producing cheap goods to be marketted here. There is also this quite ridiculous situation with the drivers lisense, right? most states we have to retake the whole damn test, yes computer and the acutal driving test, each year when we renew the H1b!! Interesting way the past immigrants treat the future immigrants!!





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  • ek_bechara
    10-15 02:37 PM
    I wrote this once before and I will say it one last time. Pulling stunts such as the flower campaign is XYZ. May be not to the extent we feel it should, but USCIS does realize that there are issues with how it is handling cases. It is doing the best it can with the limited resources it is being provided. Please dont embarrass USCIS anymore. Would you keep calling a blind person, blind? Please stop this childish behavior. If anything lets start thinking about CIR and how we can influence changes to favor legal immigrants. We have the time now so start lobbying for changes.

    Kindly note that you are dealing with a established government entity. Stop adopting hindi movie ideas when interacting with USCIS. If it were so easy why not arrange "naach-gana" for USCIS everyday. We can invite Malaika Sherawat for half the price we are paying to lobby. Skimpy clothes, raunchy songs, and alcohol may mesmerize the visa officer into stamping 100 K greencards everyday.

    I bet there were a good number of closed door meetings, lobbying, and lets throw a bone to keep them quiet for sometime- discussions that translated into the July fiasco.

    I believe we are educated and sane people, so lets start doing the right thing.

    Enough said.



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  • bank_king2003
    02-09 10:32 AM
    I am tempted to think the same way ... although I am not sure.

    By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.

    i guess he is talking about your case a)...

    although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....





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  • smuggymba
    09-10 01:05 PM
    So, I guess all EB3's with a PD before 2007 should be in a very good shape. No doubt GC is the best but at least they have EAD's and their spouse can work, which I think is a great thing.

    The real issue is with post 2007 EB3 filers, correct me if I'm wrong. It seems that prior to 2007, EB2/3 are almost in the same situation. EAD is much better than visa and of course GC is the king. Thanks.



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  • DarkChild
    03-12 09:03 AM
    great work all of you guys, my choice was between grinch's and thirdworldman. i voted thirdworldman, but i just wanna say i know grinch hasn't done this a lot, so i think you've done an excellent job man :thumb:





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  • EB3_SEP04
    05-26 05:11 PM
    I wonder what are the required documents for America born citizens if they don't have passports. Just a driver license? or they have to carry birth certificates always?

    US citizens are not required to prove that they are citizens, only the non-citizens are required to prove their status, and that's what angers me. If you answer the question as "Citizen" no further question is asked, and that is the RULE. Hence illegal people are trained to say the word "citizen" no matter what question they are asked. But as law abiding people most legal immigrants/non-immigrants won't lie just for the sake of avoiding the hassel of showing papers.



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  • desi3933
    03-10 04:55 PM
    This is another anti immigrant. Please ignore him

    You are calling me anti-immigrant! Just because someone is spreading rumor and half-cooked information and I don't agree with him, I am called anti-immigrant.

    I suggest that you look at my past posts.





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  • gc_chahiye
    09-24 01:11 PM
    Hi,
    I have a EAD L2 Based valid till 2009. I havent worked in US till now after getting EAD. Now I have to travel to India for a Month. What will be the procedure to retain my EAD after I come back to US after 30 day.
    Please Guide Me

    Mahesh

    you dont have to do anything. Based on your L2 petition you will get an I-94
    valid till 2009. Since your EAD is unexpired, you can continue working once you come back. EAD is authorization to work, completely unrelated to your travel to India and back. What exactly are you worried about?



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  • retrohatao
    02-07 10:32 AM
    Admin,
    I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.





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  • saravanaraj.sathya
    03-10 03:02 PM
    There is nothing to worry. You should be fine. IT does not really depend on your specific skills. If you move to another position as systems analyst with diferent technical skills it should not matter. So long as you are in the same/similar occupation as defined in ONET job code.

    Ve fun

    Guru's

    I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.

    The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code

    15-1051 Computer Systems Analysts
    Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.

    But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?





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  • amitjoey
    08-11 10:21 AM
    Most of the Eb3's are either working for big companies who won't do GC in EB2 or not qualified for eb2 ( so called 3 year degree ) and enjoying all these years when they know clearly eb3 is not going any where ...what in the world prevent them to move up the ladder and porting their PDs ...They dont want to take any risk and just show their frustation in internet forums

    As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."

    Mr Path of Joy
    I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degrees for an EB2. But it is not as simple as you make it sound.
    A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.

    I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.

    So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
    Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.

    Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.





    coopheal
    04-10 04:56 AM
    Visa Bulletin for May 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4805.html)

    The biggest surprise is EB3 Mexico. It just turned to U. How is that possible??
    Can this happen to EB3-I India as well??





    HV000
    02-14 12:51 PM
    That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
    So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
    The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.


    Using your analogy, the more Indians, Chinese, Mexicans, Filipinos stand in the checkout, the lesser the chance for ROW people to get through the checkout. So, how can you say the waiting time will be EQUAL for everyone?



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