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  • desi3933
    01-22 10:30 AM
    They can challenge the legality of the memo. You do not need employer for that.

    on what legal grounds, may I ask?


    _________________
    Not a legal advice.





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  • desi485
    02-18 04:06 PM
    Niether many has tried this option (entering on AP and filing H1B transfer to different employer other than GC sponsers) nor USCIS has strong history of approving/dealing with these type of cases. After entering in AP, though one can very well contine the H1B with the same employer to whom any one work on H1B before leaving US. There is a memo for this type of situation. However, there is no specific memo to address this situation (Transfer). It is all depends on the individual adjucidator's logic. If they see your latest I-94 with parolee stamp, then they may deny (or issue a RFE )the H1B transfer, by the applying the the logic of one must be in the smae status to seek extension. If the deny/issue RFE, you can not counter act as there is no secific memo or policy by USCIS in this case.

    Ramba:

    if the transfer/extension of H1B gets rejected after travelled on AP, is it possible to move on EAD and continue working legally? I am talking worst case scenario here.

    Although my lawyer confirmed that one can still have a valid H1B status after travelling using AP. My co-worder is still in doubt. Our corporate attorney seems to be clueless for this tricky situation.





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  • asanghi
    11-16 12:12 PM
    Not sure if the social security taxes are for immigration benefits. Also, the taxes we pay are for several other services that we get in the US. Remember, even as non-citizens, we get millions of benefits such 911, clean roads, and the list will go on. Why do you think we want to immigrate?

    I don't think this kind of an argument will hold any water with the press or lawmakers. There are other good arguments, and we should stick to them.

    qplearn. You are right.

    But as I have noticed, there is a lot of misinformation being spread around H1-B holders. One of those is that H1-B holders don't pay taxes. I have now read it at so many places, if I didn't know anything about H1-B visas, I would probably have believed it by now. So we really should make a point to mention that we pay taxes and social security.





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  • anilsal
    11-15 02:30 PM
    The only way to counter this is to get our story out in the media. i joined the forum today and went through a lot of mails on the forum. i saw pappu making appeals to members to help him write to reporters. I saw state chapter threads and only few members have actually signed up for work. see only a handful responded. others simply come on forums and rant. but only few actually do the work. I also observed members critical of Iv or telling IV to do this or that, instead of doing something themselves. My other observation is that members do not contribute money and come to this forum for free advice. Nothing in this country is free but IV is providing this forum and also free advice from lawyers. But members are simply taking advantage of IV and not paying back what they are getting from it. This has been my personal observation. Members we have seen how visa bulletins affect us and demoraliize us. why dont we all do something instead!

    You are hitting the right buttons here! You can say it is either laziness or fright/jitters or the comfort of current H1B approval/stamp that is making the large populace to sit tight.

    Guess what, once some of the battles are won (we can never win all - they will always be ongoing), we should either knight pappu or induct him to "IV Hall of Fame".



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  • hopefulnewyorker
    11-06 01:22 PM
    Would any increase in the H-1B cap enacted this year have any implications for the current year or would it only relate to FY 2009 and going forward.

    Thanks.





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  • sobers
    02-21 11:17 AM
    When the Irish Govt is supporting lobbying by it's ILLEGAL in the U.S, why can't we seek remedies to solve our problems- we are after all, LEGAL immigrants. There is a world of difference!

    Maybe someone should contact the Indian Consul in NY too!


    ---------------
    Irish Immigration Slips Into Reverse
    As Post-9/11 Security Increases Pressure on the Undocumented, Emerald Isle Offers Haven

    By Michelle Garcia
    Washington Post Staff Writer
    Monday, February 20, 2006; A03


    NEW YORK -- By now the shipping container carrying Jonathan Langan's material life in the United States has arrived in Ireland. The plush green furniture, his American flag and the construction tools of his trade are all gone from his Queens apartment.

    Langan, a lanky, red-haired Irishman, was bidding a final farewell to his adopted country. He didn't leave for want of work -- his fledgling construction company was booming. Success was his problem. The more prosperous his company became, the more Langan feared he would get snared by immigration agents.

    "You don't want to give off red flags because you're not supposed to be working," said Langan, 24, who lived illegally in the United States for three years. "It's too dangerous, what happens if you get caught."

    The green is draining out of the Irish immigration boom that revitalized neighborhoods across New York over the past two decades. Fear of getting caught in a post-Sept. 11 net coupled with the booming economy in Ireland is drawing thousands of Irish back to the Emerald Isle. Numbers vary on how many have left: The Irish government estimates that about 14,000 Irish returned from the United States since 2001, with more than half of them coming from New York. The Census Bureau reported that between 2000 and 2004, the Irish population throughout the United States shrank by 28,500 people, to 128,000.

    A more vivid picture of the exodus is the Gaelic downtown of the northern Bronx, on the border with Yonkers, where green signs and shamrocks decorate store windows.

    The Padded Wagon, a popular moving company among the Irish, shipped 30 containers to Ireland in the past three months, each containing the possessions of an Irish family. The Irish games -- Gaelic football and hurling -- have suffered losses. More than 200 players returned to Ireland in the past year, said Seamus Dooley, president of the Gaelic Athletic Association, which has its games at Gaelic Park in the Bronx.

    Last month, the Irish minister for social affairs visited New York, to unveil "Returning to Ireland," a guide for Irish preparing for a permanent return trip.

    "A travel agent was saying they had sold 1,700 one-way tickets to Ireland," said Geraldine McNabb, an Irish-born naturalized citizen, while she sipped a cranberry cocktail at a pub. "They're not coming back."

    Post-Sept. 11 security procedures have disrupted life for the city's undocumented Irish, who number about 20,000, according to estimates by Irish officials and activists. Few experience immigration raids in their homes and job sites. In 2005 just 43 Irish nationals were deported from the United States, none from the New York area, according to U.S. immigration officials.

    But federal and state policy changes, the fingerprinting of foreign nationals at airports and a crackdown on driver's licenses have made it much more difficult to hop a plane to visit relatives or drive a car. And tighter scrutiny of banking transactions to prevent the financing of terrorism has scared off families and made starting a business far more dicey.

    "What's more alarming to me is people who've been here for years and years are packing up. Families are moving," said Nollaig Cleary, president of the women's division of the New York Gaelic Athletic Association. "You've had the community people who set up business and their families, they're going."

    Brenda Flannagan, 31, immigrated illegally to the United States in her twenties, looking for adventure. Now she has a husband and a baby, and is looking to settle down. A trip back to Ireland to visit her parents could leave her open to discovery by immigration officials -- so she is going home for good.

    Raising a child will only compound her difficulties here. "You can't drive. It will get more difficult," said Flannagan, who expects to leave in the fall. "Things like play dates and after-school activities."

    With fewer immigrants pouring in, and so many Irish packing up, pub talk revolves around the question of the survival of the Irish spirit in New York. Irish immigrants poured in by the hundreds of thousands in the 19th century and again in the early 20th century.

    A third wave came in the 1980s when the Irish economy tanked, and it rejuvenated Irish culture in New York, as politically inspired Irish rock and hip-hop bands worked the club scene, and Irish theater and poetry spread throughout the city.

    "You have a great Irish neighborhood beginning to crumble," said Niall O'Dowd, publisher of the Irish Voice and chairman of the newly formed Irish Lobby for Immigration Reform. "Unfortunately Americans are mixing up terrorism and immigration."

    The Irish, however, retain considerable political clout. Fifteen years ago, they successfully lobbied Congress to direct tens of thousands of green cards into the hands of undocumented Irish.

    O'Dowd and other activists recently rallied the fighting Irish spirits at Rory Dolan's pub in Yonkers, as they begin lobbying for an immigration reform that includes a path to citizenship.

    The Irish government contributed 30,000 euros, ($40,000 at today's rate) to the effort. Tim O'Connor, Ireland's consul general in New York, stresses that the United States played a vital role in helping to stimulate Ireland's economic boom with investments.
    "It's in the interest of both countries that we have people who have the ability to go back and forth between both countries," said O'Connor, noting that 15 percent of new businesses in Ireland were built by returning Irish.

    Some Irish take their leave with optimism, looking to the jobs and construction boom in their homeland.

    "Everything is so good in Ireland," said Flannagan, while her husband, John, a carpenter, was at the pub enjoying "a few sociables." "There's a lot of construction work for the guys."

    Flannagan held her baby girl, a U.S. citizen and last link to the United States. "Maybe she can sponsor us when she's 21," she said. Then, she added, "I think the notion of coming back, by then, will be gone."



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  • sai.bhargavi
    07-15 11:42 PM
    here goes the link from youtube on San Jose rally

    http://youtube.com/watch?v=X-dduQvFmfY

    also some interesting ones on the current fiasco

    http://www.youtube.com/watch?v=ovhoH0ZW0No&NR=1

    http://www.youtube.com/watch?v=cspG7EmDPWY&NR=1





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  • ndialani
    10-30 12:14 PM
    Caliguy,

    I will reach out to ombudsman and Napolitano this weekend. Another thing i am going to try is applying AP renewal this weekend, set to expire in november anyway. I would rather loose $305 than keep waiting for some miracle. Thanks for your help. I should be able to find the procedure to file 7001 and the Napolitano address in this thread, correct?

    Leoindiano,
    For Sending #7001 form.....Just google "cis ombudsman form dhs-7001"
    type and print pdf. file and mail it to them. Follow it up via email .



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  • logiclife
    02-05 05:27 PM
    Ok Logiclife, i did not intend to start a war or anything of the sort. I was just giving suggestions in light of the fact that inspite of IV working VERY hard, nothing is happening on the GC front. That is the ONLY reason I put up this post.

    One more thing. You mentioned that a lot of people are not contributing, maybe the reason is that not everyone wants a GC that desperately. Some people are fine with working here temporarily and then going back after making some money. Besides some members who have contributed in the past may be wondering if it even makes sense to contribute again, being that there has been no real progress on the GC front since Dec 2005 (the birth of IV). Now do not get me wrong I KNOW how hard the IV team has worked and how many time we came SO SO SO close to getting our dreams realized in the Senate only to be crushed in the house again.

    My point was, maybe it is time to face the facts. The government has changed but the basic attitude towards the "immigrant" is the same. This is because the average American, views immigrants as a threat. Now we can argue all we want on that statement, but in our hearts we know that the "AVERAGE American" would rather Not have immigrants come to the US (legal or illegal). In light of these events does it not make sense to ask for simpler goals? Goals like 485 filing or H4 Eads etc. Sure it makes us look weak in front of the anti-immigrants, but then are we here to solve our problems or to prove the anti-immigrants wrong?

    Lastly this was NOT a threat nor was it intended to be a Threat that "take my advice or i will leave". Just a simple suggestion in light of things to come.

    I know you are not threatening to leave. But eventually some one will. It always happens when one or other item is included or excluded from agenda.

    Anyways, this isnt about looking weak or strong against anti-immigrants. That is really not the issue here.

    Its about how much we can have in our list of items. There is only so much anyone can do. Forget about us, even bigger organizations have priorities in order. Immigration Voice also has to have a priority. We cannot talk to anyone about fixing the H4 issues before the issues of retrogression are talked about. And we cannot talk about ALL OF THEM because there is room for only so much to talk about. There is a limit on everything. Limit on how much funds we have, limit on how much political capital does our lobbyist spend on our organization with lawmakers, limit on how much leverage the lawmaker uses to sponsor an amendment for us. No one has unlimited capacity to get things achieved. So in that sense, H4 issues really cannot be on the list. And as far as "nothing is happening, let's get temporary relief and let's not fight for more numbers" idea is concerned, we are already doing that by trying to get 485 filing provision done in next few days as a temporary relief. Now tell me, how is that not tied to H4s. EVERY SINGLE ITEM on our goals benefits H4 spouses indirectly. Including the short term goals of IV.





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  • Macaca
    02-07 08:32 PM
    Are you drunk tonight or just kidding me? :)

    I really did think it uptil tonight. I am still hoping you are right because it means that there is no GC cap on US MS. See there is a cap on H1B for US MS.

    My drinking days are over. Can't drink any more.

    I am a moron. I beat the system to get the degrees. I should be in the Ag jobs pool.



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  • ItIsNotFunny
    03-11 11:25 AM
    Lets take mystery out from USCIS. Please contribute:

    http://immigrationvoice.org/forum/showthread.php?t=24184





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  • bobzibub
    11-01 05:57 PM
    What is this reverse brain drain ? there is no such thing - folks who are here are going to hang on tooth & nail to stay here come hell or high water - the only ones who are going back are the ones who have no other option.

    If one shows more loyalty than that shown by that entity, then one is a fool. That entity could be a country, party, company, spouse.

    Right now, one entity (US government) is not showing much interest in our condition. That level of loyalty should be reciprocated but no more.



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  • B3NKobe
    06-10 04:23 AM
    discualify theeemmm! You said no mods... that way I would have less competition! (j/k) :P
    :lol::lol: -- Come on people, we want more entries!! Well I do im sure the people who have already submitted dont :P:P





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  • satishku_2000
    05-25 03:14 PM
    Bashing the system and correcting the imbalances are correct. But some people in this forum are targetting individual persons(some times Senators) and doing personal attacks some times bad words also(I can see atleast 100 postings like that). No one realise the fact that same right we were not able to get in our own country. Can anyone talk to MLA or MP in India by phone when they want if any issue?. So we need to appreciate that we got extra freedom than our own country. If we want to correct problems in the system we have to fight with patient with point in mind that we are aliens compared to those who came here 20 years or 100 years before us.

    Everyone on this forum or at least most of us on the forum know what are the downsides in indian system. Every one can write thousands of pages . I agree with you that India has problems and I am the first one to agree.

    The momemt one starts comparing both countries , It is a race to bottom. Hope you understand.

    At least personally I have so much respect for the system. Dont think that who questions an unfair system is less appreciative of USA.

    This is what I sent in the email to an american friend of mine and the response I got from him.

    Response from My friend

    <b>I agree with your points Satish. I'll forward your letter to my congress persons and my family- they will understand, their grand parents were immigrants like you, willing to work for the "American Dream" !
    </b>

    On 5/23/07, satish kumar <satishku_2000@XXXXXXXXXXXXX.com> wrote:

    Honestly I dont mind joining Mr. Cook in killing this disastrous bill which rewards illegals/undocumented people at the cost of people who are waiting in line by obeying laws.

    Honestly I dont have anything against undocumented people and I identify myself with them in aspects of supporting my family backhome. Whatever I have as individual a home and some real estate investments in India happened to me because of America. I used to have high regard for american system of governance , Senates mode of debating issues, the respect for minority and how it is institutionalized into the system with power of fillibuster. Some of these senators have my respect which include John McCain whom I thought to be a quintessintial american and now I have to at least pay attention when a conservative talks about common sense and accuses some one being out of touch :)

    They plan on having a CIVICS test , assimiliation tests, english language tests...I think I woud fare better in all these tests than many of the 12 million people to whom Senate is trying to hand out semi green cards immediately and at the same time sending me a message to pack bags and leave.

    What senate is doing and frustrating and disgusting. If this passes in its current form it will write a death sentence to my american dream.

    Another funny thing about the bill is , Undocumented/illegal people dont have to pay back taxes before they legalize. What would happen if 15 to 20 million american citizens refuse to pay taxes.

    I am taxed every month for social security though I am not eligible for any of those benifits as of yet. I always thought if that is the price I have to pay to make America my home I thought I would do that happily.

    I still have beleif in the system and hopefully something better comes out .

    I am just writing this email to complete my civic responsibility and If I dont speak out nobody will speak on my behalf.

    I would appreciate if you can educate some people like your dad ...



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  • Jaime
    12-11 03:56 PM
    I put mine in, let's go for more than 100 and don't forget to "bump" this message so it stays at the top!

    <<<BUMP>>>





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  • malibuguy007
    07-14 10:58 AM
    Wish you all the very best for a successful rally!!!



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  • logiclife
    04-21 10:51 AM
    I know out of 3000 members, atleast 2500 would be looking at some forums in this site and posting some messages. WHy dont we show some single, double, triple,... up to 5 stars next to the username based on the contributions.

    up to 10$ one star,
    up to 50$ 2 stars,
    up to 100$ 3 starts,
    500 4 stars
    more than 500 5 stars,

    Atleast this will motivate(I should not say this), but will have some effect and will make those guys to contribute.

    I will talk to admin if its possible to rate the users and display the ratings. The only problem here is, its not always possible to connect the user-ids to the contributors. Contributors go to paypal or mail a check, so we know their real names. However, on paypal site they are not required to put their user-ids. The only way to connect them would be to manually match the email addresses on the Immigration voice registration and emails addresses on paypal. However, there is not guarantee that people consistently provide same email to site registration and paypal. On top of that, some contributors are not registered users. Some people visit the site, contribute money but going to paypal or mailing a check, but they are not required to register and many of them dont register.





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  • summitpointe
    07-20 11:27 AM
    7+ years in US

    Changed Employer in late 2004 and filed for GC. So my priority date is early 2005. Old Employer did not file GC so forced to leave him.

    Now in retrogesstion. Employer takes lot of his share in the billing rate. If we need to go for a good billing rate, vendors think I'm new to US as I don't have GC. Lot many Dependents after getting GC started working and so supply for software professionals are more. Demand meets the supply and so the billing rate is down. Most of the vendors prefers only locals. Forced to take job whatever comes first.

    Have a grown up child and she has to start his school. Well educated wife not able to work and wasting time and energy. Not able to decide other than being in US. Keep reading the forums and whenever some bill comes up hope rises, but all now in vain. From now will not expect or believe anything from US congress/senate until President signs it.





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  • kubmilegaGC
    10-28 11:22 PM
    13 years since I landed in this country.....finally, I got the approval email 15 minutes back. I am not sure how to express my feelings (or lack thereof).

    I want to thank the following guys from the botton of my heart.
    1) KubMilegaGC - who gave me support in September or was around for sometime in October to check on my status
    2) SeekerOfPeace, KewlChap and fatjoe - for all the valuable information they have provided. Thank you so much guys!!

    I did the following:
    1) Took around 10 Infopass appointments, with the last one being today morning at 9 AM PST. IO told me that my case was under review since July 2009.
    2) Attorney reached out to AILA liaison
    3) Sent DHS-7001 to CIS Ombudsman
    4) Letter requesting USCIS secretary Napolatino to inquire about the delay in my case
    5) Letter to first lady last weekend requesting to inquire about the delay in my case
    6) Several inquiries were made by Congresswoman on my behalf
    7) Inquiry was made on my behalf by the senator
    8) Opened several SRs - I think around 6 or 7

    As a result, I now have around 30 different responses from USCIS/DHS. Looking at each response, it makes me believe that they have not even cared to look at my case and have just pulled out a response from a standard set of responses.

    I believe what really helped me is a phone call using the POJ method to TSC. I was fortunate to get a hold of a very nice and polite IO. IO walked me through the entire process and to my utter disbelief told me that my case was still sitting in the storage area and collecting dust (this was 2 weeks back). While I was on the phone, the IO sent a request to the folks in the storage area to pull my file out. Luckily for me, the file was in one of the storage areas in Texas itself. Once the file was at the Texas service center, it sat in the holding area for almost a week . It seems like the officer picked up my file sometime at the end of last week or earlier this morning.

    Edit to the post: In hindsight, I think the delay in my case was because I had 4 I-140s (2 from RIR labor and 2 from PERM, one each for EB2 and EB3). I think whenever the IOs looked at my file, they thought that my case was not current. The IO I talked to specifically put in a note for the IO to look at the EB2 140 (June 2004) and not the EB3 I-140 (June 2004) or the I-140s that I have from July 2005. I dont know what to tell my attorney, not sure why they had to file 140s in EB3 for me.

    Once again, thanks to everyone who has supported me to get through this painful process. Last 60 days (since September 1st) have been very painful for me.

    Good luck to all EB2 who are still waiting and to all the EB3 folks, I hope you guys become current soon and get your GCs - I really really admire your patience.

    Keep the faith.....

    My Dear friend - Congrats and welcome to the green club..I guess I can stop coming to these forums now..:) You got it! You did it! and you DESERVE it! you have shown great patience and I could not be more happy for you!

    Enjoy the green - take couple days off and just RELAX.

    Good luck to everyone else who is still waiting.





    kubmilegaGC
    09-15 11:14 PM
    It seems like its just me and kubmilegaGC left from June 2004. Anybody else from June 04?
    We are going to GET THERE @cali - really anyone else with June 04 or prior?





    Macaca
    02-14 01:41 PM
    There is no leadership problem in core : not a single thing, nada, zitto, zapata. Core has much better info for decision making then any non-core; the decision may be interim relief (I-485 filing, unused visa recapture, ...) or any thing else. My conclusion is based on my readings about immigration issues, our issue, current political situation and core posts. Core has correctly predicted Ag Jobs and Schedule A this month. We are wasting our time by debating this issue. Please educate yourself.

    Core has not misused any contribution money; it is not easy to misuse contributions made to non-profit organization. Once again please educate yourself. Besides, how much contribution money is there? However, I have very serious problems with members when Aman says that he has spent 30-40K of his own money and logiclife says that he has spent his own money on travel : shame on all members who are still sitting on their $20 and debating all other issues.

    I do have some issues with core. Some members are curious about finances and progress reports. It is much better to post such info (decided by core) rather then wasting time when someone asks about. At present, such info has been posted and is the best info available at this time.

    I also have some issues with deleting posts. Based on the contents of deleted posts, I don't think the core has much to hide. Hence, it is better to let these posts exist rather then delete them. Members who agree with these posts should be free to debate. They will not hurt IV. Deleting posts has undermined the credibilty of core.

    IV was founded by some some core and exists only because of their efforts. They have earned the right to make some decisions. Please understand that, everyone makes some mistakes and has some bad days. I request non-core to give then benefit of doubt on side shows and freak shows. We are wasting our time on these issues.

    I have very serious problems with most members. Core is negotiating with a lobbying firm. I understand that QGA was paid 60K.

    1. Where is the money for the lobbying firm?
    2. Whose problem is it to arrange money for the lobbying firm?
    3. How does discussing any issue in the forums help us in arranging money for the lobbying firm?

    So non-core, please don't worry about core. Worry about yourself. You are doing a great dis-service to our cause by debating anything not covered by the folowing.

    1. What are your responsibilties?
    2. What are your results?



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