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  • bsbawa10
    09-08 05:09 AM
    Is this campaign still on?
    I did not see much enthusiasm on this issue.
    Do people not want their files to be adjudicated or not?

    looks like it is me and you only sweet_jungle. I will still go for it. I think people have either gotten their gc and the left out ones have lost hope.





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  • bugsbunny
    12-09 06:36 PM
    Just because this article says so doesnt mean its true. The whole point of this article was to demonize the law enforcement efforts directed against illegals.
    This is from amnestyusa website:
    Twenty-three state departments of corrections and the Federal Bureau of Prisons allow the use of restraints during labor. Alabama, Alaska, Arkansas, Arizona, Delaware, Idaho, Illinois, Indiana, Louisiana, Maine, Massachusetts, Minnesota, Mississippi, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, West Virginia, and Wisconsin.
    Key Findings: Use of Restraints on Pregnant Women in Custody (http://www.amnestyusa.org/violence-against-women/abuse-of-women-in-custody/key-findings-use-of-restraints-on-pregnant-women-in-custody/page.do?id=1108300)

    Your article reference does not specify any specific policy on Arizona. The original article referenced the Arizona Department of Corrections.
    I looked that up and Voila! thats exactly what the Arizona Department of Corrections states
    Here it is under "705.10 USE OF RESTRAINTS "
    "1.3 General Exceptions to the Use of Restraints
    1.3.6 Pregnant inmates shall not be restrained during the delivery stage of childbirth. An officer shall be present at all times. If necessary, a second officer may be assigned in accordance with the security risk, escape risk or custody level. After the birth of the child, prescribed custody level restraints shall be reapplied."

    Here is the link
    Arizona Department of Corrections (http://www.azcorrections.gov/Jeff_Policies_700_705.aspx#705.10)

    Unfortunately i don't think even a proper reference of the LAW is enough to change your mindset. But i wanted to show that the so called LAW protectors are breaking it themselves





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  • brb2
    02-04 11:58 PM
    Having diversity AND country quota for skilled employment is affirmative action gone waco. EB skilled immigration is to allow businesses to hire foreign labor for jobs they can't find American Citizens. Now to restrict businesses to discriminate based on the country of birth is just riduculous. Next do Universities apply affirmative action to their international student recruitement?

    Indians and Chinese make up the largest group of international students in Engineering and Science. US citizens make up less than 50% of those graduating in Science and Engineering in Master's and PhD programs. Now businesses should not be penalized if they can't fill their highly skilled jobs with Iranians and Tongans and any other ROW countries.

    We have a diversity lottery for nationals of those countries who would not make it out on merit and need a leg up. There may be a few Indian consulting companies who favor Indians, but they are the people who pay wages and know best. Similarly just because Americans prefer to buy Japanese cars we can't create an "affirmative action" and prevent americans from buying Japanese cars. We can't prevent walmart from stocking chinese products. So why force employers not to hire Indians and Chinese through creating quotas for highly skilled jobs?

    No meaningful immigration reforms can be achieved as long as skilled immigration is based on country quotas. Next we know there will be quotas for marrying foreigners to add to diversity. If you marry a mexican there is retrogression but if you marry a citizen of Vanuatu then green card is processed in ROW:)

    I was just making my point how ridiculous it is to have quotas for skilled immigration but not for others including asylum cases.


    How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.

    Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.

    However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.

    In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.

    Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.

    In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.

    If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.





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  • chanduv23
    03-09 12:11 PM
    Just made my $25 contribution through paypal



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  • rkumar18
    07-17 07:51 PM
    Guys, I think we should start another FLOWER campaign for Zoe and the CORE team. What do you think?





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  • newuser
    03-09 11:58 AM
    Contributed my share.



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  • sugaur
    12-09 03:07 PM
    Sugaur, here, try some history:

    [url=http://en.wikipedia.org/wiki/Mexican%E2%80%93American_War]Mexican–American War - Wikipedia, the free encyclopedia[/url

    There are far more complex issues/mindsets involved as to why people do what they do. Placing yourself "in their shoes" and analyzing is not good enough in this context. Your analogies of breaking and entering a house/raiding your fridge are incomplete/shallow and hopefully you will change your perspective after reading the history between these two countries.
    Nevertheless, it is what it is today in terms of geographical distribution of land and I am not suggesting, Mexicans have rights over California/Texas.

    So why bring it up at all? l have lived in Texas in hispanic majority communities. I havent met any who want california or texas to be a part of mexico. If we start bringing history into it, then the only people who should be here are the native americans.

    What I am suggesting is that motivations for what people do can vary a lot and folks like you and I who come here on H1/F1 or whatever after completing our fancy degrees, can never understand certain ground realities.

    You are wrong. The CHIEF motivation which brings you and me here AND the mojority of illegals is the same, the chance of economic prosperity and a better life. Even illegals will admit this. They dont come here because they think it belongs to them. Every nation has a right to make and enforce its immigration laws and every prospective immigrant has a duty to follow those. Immigration to the US is a privilege, not a right.

    Looking everything via a legal/illegal magnifying glass can get you only so far. Basic respect for human life is extremely important without which there will be no difference between us and barbarians.
    She got all the medical care she needed, on tax payer money. That is showing respect to human rights. How about her duty to follow the law of the land?

    As you have started going this route of discussing the merits/demerits of this case and comparing with our situation, I would strongly recommend to let this go. You and I and many others here, do not have the knowledge of discussing these complex issues.

    You insist on making it sound more complex than it is. It really isnt. Whats right is right and whats wrong is wrong.

    The sheriff's treatment of illegals has little to do with law and order and has more to do with his personal hatred for Hispanics. It is documented where the Sheriff has made statements to the affect of calling these folks animals, disease carrying, who smell and dress up like animals etc.

    This is propaganda. In this country no one can get away with doing what you claim he does. Shackling a pregnant woman when she is delivering is another example of the same attitude. You condoning that fact by statements like "woman is perfectly capable of delivering with a leg shackled" is just pathetic. It is not always about your 'legality/illegality' or your brilliant career or fantastic green card. Just pathetic.

    What is pathetic is your blindness to discern right from wrong.





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  • venkee
    07-09 07:32 AM
    Order#FNN1076998



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  • amaruns
    07-08 05:13 PM
    Order # FNM1321413

    Deliver on:
    Tuesday
    Jul. 10, 2007

    Delivery by:
    FedEx�, DHL� or UPS�
    Deliver to: Emilio Gonzalez
    Business
    USCIS
    20 Massachusetts Avenue
    NW
    Washington, DC 20529
    US
    202-307-1565
    Occasion: Other
    Gift Message and Signature: "Kindly accept I-485 petitions in July and honor the original DOS visa bulletin"
    <Name> - An employment based immigrant





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  • potatoeater
    05-10 02:08 PM
    I am reviving this old thread because it was created by me, and it is highly relevant now. I predicted last month that EB2-I will become "U" soon, and it has happened (almost).

    The quick way out of this mess is to ask CIS to move subst labor folks back in the queue. That will ensure that both EB3-I and EB2-I will move forward to July 07. Most of the labor substitution took place in that month itself.

    This is an admin fix and does not require any new legislature. This is an idea whose time has come.

    The intent of a subst labor was to save the company time and money for obtaining another labor for the same position in case the original beneficiary drops out. Remember, labor was a company petition, not employee petition. The companies still would have wanted it even if it does not retain its original PD.

    The basic thrust behind the idea of changing the rules of PD allocation for subst cases is to push forward PD to july 07 level. Most of the subst happened in that month. we are not asking subst labor folks to quit the queue, just asking them to move behind.



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  • RandyK
    12-03 02:25 PM
    :cool:





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  • Appu
    04-12 02:07 PM
    http://www.washingtonpost.com/wp-dyn/content/article/2005/12/20/AR2005122001748.html

    Will Words Fail Her?
    Immigration Officials Snub Literary Sensation Yiyun Li Despite Her Peers' Praise


    Despite being compared to Hemingway, Yiyun Li lost her first bid for permanent residency because an agency says she has not "risen to the very top of the field of endeavor."

    By Bob Thompson
    Washington Post Staff Writer
    Wednesday, December 21, 2005; Page C01

    Five years ago, Yiyun Li had a problem: How do you persuade the literary world to take you seriously when you're a 28-year-old native Chinese speaker trying to write in English, you've published exactly nothing and your training consists of a single adult-education class?

    Since then, the Beijing-born Li's career arc has been so steep it gives her peers vertigo.

    She's had stories published in prestige magazines such as the New Yorker and the Paris Review. She's won the Pushcart Prize and the Plimpton Prize for New Writers. Random House has signed her to a $200,000, two-book contract, which Executive Editor Kate Medina calls -- in what qualifies as a serious understatement -- "most unusual" for a literary writer at this stage of her career. Her first book, a story collection called "A Thousand Years of Good Prayers," was published this fall to wide praise.

    Now she has another problem: How do you explain to the federal immigration bureaucracy what the word "extraordinary" means?

    n the summer of 2004, Li petitioned the U.S. Citizenship and Immigration Services to become a permanent resident of the United States. To approve her application for a green card, USCIS would need to agree that she was an artist of "extraordinary ability," defined in Title 8, Code of Federal Regulations, Part 204.5(h)(2) as "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor."

    To the upper echelons of literary publishing, Li looks like a slam-dunk to meet this definition. Not to the USCIS, however. A year after she filed it, her petition was rejected.

    She has appealed. A USCIS spokesman says she is likely to get her answer in a few weeks.

    The appeal was rejected around Jan 2006 - Appu

    http://www.imdiversity.com/villages/asian/Daily_News_Mar1.asp

    The 33-year-old author, who plans another effort to get her green card, had applied based on "exceptional ability" in the arts. Her previous literary honors include the Frank O'Connor International Short Story Award and a Pushcart prize,



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  • ps3539
    05-11 09:14 PM
    As I see, those who substituted labor would not want their priority dates moved back as per the date of substitution (filing I-140). This is an open forum.





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  • leoindiano
    08-21 05:14 PM
    What about the people who got RFEs for 485?

    Do you guys think the visa numbers are counted for those people or not:confused::mad::o:(

    RFE cases, have very good chance that a visa number is counted towards it. Since, case was opened for processing.



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  • YesGC_NoGC
    03-09 10:55 AM
    I pledge $50 for this effort.

    Shoudl I send money on the regular IV account through Paypal?





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  • real_coolguy2003
    09-07 11:17 PM
    Perhaps, we could ignore you. Perhaps we could ignore your ignorance. Perhaps I could abuse you like you did. Perhaps. But I wont. Because I feel sorry.Perhaps you've been a loser your whole life and need to blame someone for your hard knocks in life. But that isn't the point. Perhaps you've forgotten, that the original Native Americans are called 'Indians' for a reason, because a certain Chris Columbus lost his way(he was no Pilgrim believe me)...while trying to find the 'then' promised land!. . Perhaps you've forgotten that 6 out of every 10 companies started in the last 15 years was by an immigrant. Perhaps you've forgotten that the Governor of the most wealthy State in the Union is an immigrant..... I could, perhaps go on...but I wont. Because I have to thank you. Thank you for stirring us up. Thank you for motivating us to action. Stirring up those of us who have been in a deep slumber.....we'll prove that we do matter and that we DO HAVE WHAT IT TAKES.

    Thanks brother.:)



    Yes,, they did...
    Our forefathers travelled to the promised land in ships that were full of rats, without food or water. Several of them died while trying to reach here.
    Once here on the promised land, we had to fight our way to create a free society that you are dying to be part of. America is land of entrepreneurs.
    And any one that don't have an entrepreneurial spirit is not welcomed here.

    What do you have to bring to the table?



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  • PlainSpeak
    04-15 10:47 AM
    People who are going to benefit by this will support this. Others oppose.
    I believe you belong to latter.

    One thing to remember is this provision helps STEM grads irrespective of their EB-class.

    legal speak: right now law does exist. F1 to GC would be illegal. This provision is to make the conversion legal

    plain speak: look beyond your own situation. Since you are not going to benefit directly, does not mean you stand against it.

    Lastly, everybody's parents don't have so much money like you think. People do get 13% student loans in India to fund their studies.

    Changing F1 to GC law to make it legal has as much chance as getting law change to not include dependents. I would rather support the latter then support F1 to GC law change

    I do look beyond my own situation and thats why i support current spillover rules and filing 485 without current PD issue even though it does not help me directly in any way what soever and if fact is dterimental to my EB3 case.

    Can you say the same ? C
    Can you support an argument to give 50 k dv visa to badly retrogressed category irrespective of preference category?
    Fact is You are the one who cannot see beyond your own selfish needs and you are accusing me of the same thing you are doing

    As far as i know the whole MS F1 visa is a big scam and loophole to enter us and stay here when you are not supposed to and that is the loophole that needs to be closed first instesad of worrying about fruad porting and EB1 fraud. Closing thsi student GC loophole will clear up the whole EB retrogression mess





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  • knnmbd
    04-27 02:58 PM
    Six years in US complete
    Previous employer cheated by not filing GC
    So need to change employer for filing GC
    EB-3
    I-140 approved with current employer
    Not able to file I-485 because of retrogression
    Wife not able to work
    Moving around for jobs with family
    Cheating Employer
    Frustation with H1B Extension and stamping
    Not able to Plan to go to India because of Interview dates
    Not able to plan on good school Child's education
    Not able to spend more money on good health insurance
    Lot of time and money spent on H1B Extension and stamping
    Signing short term lease for Apt's and moving around
    Drivers license based on H1B papers
    No benefits like 401K etc with small employers
    Sick with the current employer


    Hey, you just put the entire GC process in a nutshell. I understand a lot of folks are in the same situation, but I think IV is looking for stories that will help us push our case forward. The picture you paint is very morose and depressing (and I sympathizes with you, so please do not get me wrong) and we hope that this whole situation that all of us are in turns out to be a bad nightmare and we wake up to see some hope again.

    Ragz4u:
    Have you tried contacting post-docs (usually EB1 or EB2 NIW, non-IT folks) at universities pursuing research who are affected by retrogression. I think you can find a lot of people on the IIT forums that float around the web. I am sure we can find really successful(well almost) with sorry stories and restrained in career advancement due to EB retrogression.





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  • Sherman_tribiani
    09-07 10:45 PM
    After hearing this, do you think our folks will sit quiet. We will do whatever it takes to makes sure that American jobs stays American.
    By god grace , we will make sure that Strive act does not pass. Especially, the portion that talks about employment based category.

    Now you are making me feel guilty (traveled in business class with plenty of food, water and wine). No wonder, I don't have any leadership qualities, (Never knew it came from keeping rats company and going without food and water).





    rxk2303
    08-09 02:52 AM
    I am really sorry about your situation. While, it is true that there is a lot under USCIS' adjudicator's control, we need to give it our best try and exhaust our options before we give up. I think that being Indian, IT and skilled (I am all 3 !) does not have that much of a bearing on one's life situations and connection to green card being approved. Case in point : I went through a rough time myself (see beginning of the thread) and even paid the price (divorce, heartbroken) for taking a chance. However, everyones situation is unique.

    If you can post details of your case, then someone from here is sure to be able to give you some guidance. One last piece of advice, there is no substitute for a damn good lawyer who can get you the results. It might not come cheap though. There are instances of people having accrued unlawful stays beyond 1 year and lawyers having gotten them their EB based green cards later through CP using tricks such as waivers etc.

    Where there's a will, there's a way.

    Deecha,
    1).I came to USA on L1-B in 2003 October and the I-94 was till september-2006.
    2). Then i changed my Visa to H1-B in 2005.
    3). I was asking my employer to file for change of status from L-1 to H-1.
    4). Those guys filed for a new H-1 and sent it to a consulate in India.
    5). I was not aware of this and i thought i am legal till september the expiration date on my Visa.
    6). Labor got cleared in July-2007.
    7). Thought i would file for I-140 and I-485 together and found out that my I-94 was expired since September-2006.

    What is the best course of action here to remedy my situation??
    Any advice or details of a great Immigration lawyer who dealth with such cases before would be of great help.

    Thanks in Advance !!





    hsd31
    06-20 09:10 AM
    Following up on my previous post. Here is the format for the ad and the affidavit. We went to the DC embassy to get the name changed and they have next day (business days only) passport-by-mail service. I don't think they have same day service.

    Actual correct name: <corr_first_name> <corr_last_name>
    Current Name on passport: <first_name_pp>
    Name in US docs (Visa, SSN, Drivers Lic.):
    <first_name_us> FNU _OR_ <first_name_us> <first_name_us>


    Format of the ad we placed in Indian newspaper (TOI) and local US newspaper:

    I, <first_name_pp> AKA <first_name_us> FNU AKA <first_name_us> <first_name_us> d/o <dads_name> R/o <indian_address/us_address> have changed my name to <corr_first_name> <corr_last_name>.

    Format of Affidavit from India (on Rs. 10 Non Judicial Stamp Paper):

    AFFIDAVIT

    I, <first_name_pp>, D/o <dads_name>, R/o <indian_address>, do hereby take oath and solemnly declare as under:-

    1. That I have declared my name as <first_name_us> <first_name_us> earlier.
    2. That I have declared my name as <first_name_us> FNU earlier.
    3. That now I want to change my name from <first_name_pp> to <corr_first_name> <corr_last_name>.
    4. That in future I may be called as <corr_first_name> <corr_last_name> for all purposes


    DEPONENT

    VERIFICATION:
    Verified at <city_name> on this <date> that the contents of the above affidavit are true and correct to the best of my knowledge and belief.

    DEPONENT


    The deponent above is the person whose name is being changed. Since my wife was here and the affidavit was to be made in India, my mother-in-law signed on my wifes behalf ...you know what I am saying... (ah! the things you can get done in India)

    We found out at the embassy that we could have used our India issued marriage certificate (which had my wifes correct name) and avoid doing all this. Placing the ad, getting the affidavit and posting it to US all took a total of 1 week. We went to the DC embassy early on a Friday and we got the passport with the name changed via mail by Monday.

    Another friend of mine got the same thing done via the mail-in service. It took him 2 weeks to get the passport back.

    Hope this helps.



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