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  • rodnyb
    03-31 08:21 PM
    Yes, I mean EB5. Another not, DOS/CIS waited till now as it takes some months to get a trend, as it seems CIS is cracking down on EB1C since later last year, and it took some time to see EB1 usage fall off and is plateauing now.

    I wish 12K is for 6 months only, and that 24K total this year will surely clear all pre-07/2007 EB2 I/C. However, it seems as unlikely, I looked at historic EB1 approvals on DOS statistics page, EB1 has about 40K quota, their usage
    2002 16K
    2003 14K
    2004 18K
    2005 21K
    2006 24K
    2007 30K
    2008 39K
    2009 42K
    2010 41K

    So even if we think all surge after 2006 is due to abuse use of EB1C of india bodyshops, EB1 will still use about 24K, which left about 16K for EB2. I am sure those bodyshop ppl will apply under EB2 now, and I hate to say, but EB2 after 07/2007 seems still a daunting task, only visa recapture will help.


    Do you mean 8K from EB5?





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  • Foster2007
    07-16 02:09 AM
    Can he be sued for repeatedly misreporting facts?





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  • puddonhead
    06-18 12:58 PM
    >> I disagree. By not reporting the fraud at workplace, it puts rest of workforce not at level playing field.

    Hmmm.. Level playing field. You mean the field where you set the rules? UAW did that in GM - you know?

    If there is someone who can do my job cheaper or better or more efficiently - by all means it should go to him. I need to then find something where I am good at. Thats what competition is! Of course - this "efficiency" can not come by illegal behavior. Illegal behavior (like the L1 fraud) has other hidden problems.

    So on your question about "l1 fraud": by all means I am for reporting it. However, there is another overriding concern for ALL OF US - how will the economy behave? I dont want to worsen things by "reporting fraud" at a mass scale right now and create trouble for companies that are already suffering. I will do that when that will be beneficial for the US Economy (translation - "all of us - even citizens").

    I am not for tolerating or condoning illegal behavior - however, I am all for moderating my responses and prioritizing the fights. I am also for not behaving like the UAW members.

    >> You are right. If you are not impacted by fraud, one will be least interested in reporting the fraud. Only when you get impacted, the fraud appears real and serious.

    You are reading between the lines too literally - so much so that you misinterpret everything like the bible-thumpers. Impact "me" = Impact "us" = Impact "everybody in the US - including the US Citizens".

    >> Taking your example further, due to budget constraints, the manager will be more inclined to replace workers to L1 workers to save cost. Do you want this? This will impact people in short term.

    Same answer as the first question.

    It's a pretty nuanced position. I hope I have been able to explain it properly.





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  • mallu
    10-17 07:50 PM
    By Mr. Cannon:
    "NNCPS is partnering with other Agencies to provide contractors and personnel to process name checks. For example, the FBI and USCIS have implemented a key initiative to use contractor resources to prioritize the processing of "Single-Hit" USClS Name Check requests, that is, pending name check requests that have only one FBI file potentially identified with it that needs to be reviewed in order to process the request. By applying contractor resources to process these "Single Hit" requests, the FBI may significantly reduce the pending USClS name check workload."

    Are they interested in national security or just numbers of processed name checks? Why not create a special team to handle requests with the high number of "hits" as those are much more dangerous potentially for the national security?

    When did he make the statement ?

    Also, how to find out whether the case had 1 hit or multiple hits ( and how many ).



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  • l1fraud
    06-14 12:07 AM
    I understand your point. But this is exactly what anti-immigrants complain about H1Bs. ( depressing wages, outsourcing etc)

    It is interesting that we are using anti-immigrant's arguments to pin L1s.

    Thats NOT the key here ... its about violating current laws and regulations, do what ever you want offshore/outsource/onshore ...what ever, violating the rules and act of fraud is NOT ACCEPTABLE in any circumstances and we are pretty sure that ICE/USCIS and other agencies would have the same view.





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  • sayantan76
    01-24 08:56 PM
    Indians do not need a visa to go to Hong Kong also and these days Singapore for those in transit (upto 96 hrs).
    dont forget nepal and bhutan



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  • trramesh
    01-06 07:06 AM
    I think the thread is perfectly valid and we should go for it. If someone has paid income taxes to US for 10 years, it is no mean thing. 10 years represent typcially about 25% of his/her earning life. After spending substantial percentage of one's life living in, and making contributions to, US, especially in his/her youth, the guy is more naturalised except that he does not have a citizenship card. Now how many of these guys will be able to slip back in to their own country to readjust their lives with american born and american grown kids.

    I think it is not only reasonable but also humane for the government to consider the plight of such people and issue citizenship. The yardstick for qualification will have to be worked out, but Saralayar listed some of the valid parameters like
    - 10 years working in US (legally)
    - 40 points in social security
    - no criminal record

    If I may share my thoughts on yardstick, it would be like this
    - 7 years of legal residence, contributions to SSN, and taxes should provide provisional GC
    - 10 years of legal residence, contributions to SSN, and taxes should provide citizenship
    - 7 years of legal residence post approved I-140 should provide citizenship

    Most of us in this forum must have already contributed over 75K-100K to IRS over the years. I strongly believe that the govt owes more than an obligation to take care of the interests of this skilled group.

    rgds,
    rammy





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  • ireddy
    05-25 02:14 PM
    My EAD expires today, I applied for the renewal on April 6th. This is my 4th EAD and I totally missed to apply in time this time.

    1)Is there any way to speed up the process to get the EAD soon?
    2) I cannot work from next week is there any way I can get through this ?

    Thanks
    Rajesh



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  • snathan
    03-31 08:31 PM
    Important information is available on this in the Donor Forum. VBKris77 have compiled the information from the previous analysis and the latest information released by Dept. of State and IV's recommendation.

    But I am not allowed to post the information here...:D





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  • rexjamla
    06-15 02:43 PM
    Thanks for quick reponse Admin.

    1. Can i send one check to USCIS including all fees for me and my wife.
    2. Do USCIS accept personal checks or I have to get Bank Check.
    3. Can I send my 485 forms and my wife's(she is on H4) forms together in one envelope.

    I am sorry doing it first time in life.

    Thanks in Advance!



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  • nk2006
    10-28 12:47 PM
    From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.

    In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo’s require that I485’s should not be denied based on that – provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID – again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo’s for whatever the reasons.

    Obviously this will have a very bad impact on us – in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.

    After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.

    I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent – all you have to do is download following 4 google documents – add the date, your name and address – and send it to the address provided on each letter.

    http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c

    http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb

    http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr

    http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw

    To reiterate: You have to send 4 letters – these letters can be downloaded at the above URL’s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

    To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
    http://immigrationvoice.org/forum/showthread.php?t=21716

    To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.

    Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.





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  • justin150377
    07-09 06:47 PM
    DONT DO THAT.

    Let the flowers go to USCIS and let them do whatever they want with the flowers. Kindly dont jinx this campaign by cancelling your orders and asking for refunds.

    It's too late flowers have shipped. They will have to be delivered somewhere, it'll just force the fedex/dhl not to accept a forward from USCIS.



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  • simple1
    06-10 05:24 PM
    Are you referring to special "The B1 in lieu of an H1B" ?
    http://www.workpermit.com/us/employer_b1_b2.htm
    http://mumbai.usconsulate.gov/b1_in_lieu_of_h1b.html


    Nonimmigrant Visas
    B-1 IN LIEU OF H-1B
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor’s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Mumbai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.



    Looks like, "The B1 in lieu of an H1B" can work in client location if approved.

    we have lot of folks coming here on B1 and working ..how do you report that?





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  • franklin
    07-11 12:13 AM
    Congratulations guys - I am proud of you all



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  • aquarianf
    06-15 12:09 PM
    yes you are correct .. but if you have them ( photocopy ) no harm in including .. just to show that u have maintained a legal status through out ..

    any help in employment letter please

    I have copies of all I-94 and I-797 but still my attorney thinks that it is not necessary to include them. My attorney also not including any w2s/tax transcript/tax returns/pay stubs. She said, her office filed so many 485s without above documents and never had any issue. Their opinion is to supply just what is needed not more not less. But my other friend's lawyer asked w2s and paystub.





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  • ag11
    09-18 07:27 PM
    Hi ag11,

    I got the same approval notice. But online status showing as Card Production Ordered. What does it say for you? Do you see any difference in the status between you and your wife?

    Hi Ohguy

    What status changes have you seen on your case so far?



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  • GCKaMaara
    11-14 12:12 PM
    Mails sent.





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  • chanduv23
    07-11 07:28 AM
    http://samachar.com/showurl.php?rurl=http://sify.com/finance/fullstory.php?id=14490148

    Green card seekers take to 'Gandhigiri' in US

    Wednesday, 11 July , 2007, 11:13

    Washington: In an eloquent display of Gandhigiri, unhappy Indian green card seekers sent hundreds of flowers to the US immigration agency to protest a last minute reversal in policy that would impede their way to permanent residency.

    Inspired by the hit Hindi movie Lage Raho Munnabhai that extolled Gandhian ways of non-violent protest, the green card applicants plan to send around a thousand flower deliveries to US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez in a three-day campaign that started on Tuesday.

    The protest followed the abrupt reversal last week of a June announcement offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas - reserved for skilled workers in computing, engineering and other special professions.

    Thousands of such visa holders scrambled and spent money on lawyers and medical exams to beat the July 1 deadline for green card applications. The abrupt change sent them back to the queue for 2008.



    Besides India, skilled workers from China, Poland and many other countries will now have to spend more time and money to get the coveted green cards - a halfway house to US citizenship.

    "The idea is to push them to honour their earlier notification," said Aman Kapoor, founder of Immigration Voice, a forum that inspired the unusual protest.

    Indians are the worst hit by country quota caps for immigration visas, which treat a billion strong India, boasting a highly skilled workforce, on par with a country like Trinidad and Tobago of one million souls, he said.

    On its part, the USCIS response was equally pacific. It plans to forward the flowers to Walter Reed Army Medical Centre and Bethesda Naval Hospital in Washington, the main facilities treating US soldiers wounded in Iraq and Afghanistan, said Gonzales in a statement on the agency website.





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  • mallu
    10-17 07:50 PM
    By Mr. Cannon:
    "NNCPS is partnering with other Agencies to provide contractors and personnel to process name checks. For example, the FBI and USCIS have implemented a key initiative to use contractor resources to prioritize the processing of "Single-Hit" USClS Name Check requests, that is, pending name check requests that have only one FBI file potentially identified with it that needs to be reviewed in order to process the request. By applying contractor resources to process these "Single Hit" requests, the FBI may significantly reduce the pending USClS name check workload."

    Are they interested in national security or just numbers of processed name checks? Why not create a special team to handle requests with the high number of "hits" as those are much more dangerous potentially for the national security?

    When did he make the statement ?

    Also, how to find out whether the case had 1 hit or multiple hits ( and how many ).





    Canadian_Dream
    06-29 07:39 PM
    Allowing to file on July 02 or July 03 depends on visa numbers available which in turn depends usage the preceding month. If all the numbers are used up (meaning Immigration Officers have requested visas from DOS in the process of approving pending I-485) they cannot allow anyone to file on July 02 or July 03 and so on.
    I guess currently race is on from USCIS to consume Visa numbers (40,000 or so) from DOS at unprecedented pace. That's why bulletin hasn't changed as yet. USCIS on its part is possibly trying to avoid flood of application at all cost, even if it requires working extra hours (and approving as many cases as possible) if it can save them later. DOS will NOT move the date back until the numbers are used up or near used up. I guess race is on....we will know on Monday. One way to know how true this is will be watching I-485 approvals from now till Monday. We are caught in the tug of war between USCIS and DOS. CIRCus isn't over yesterday....it is back in town again !!!

    For the nth time.. numbers are reduced only after approval and not based on receipt of application. So if you can submit it on July 2nd you submit it on 3rd and so on.





    rsharma
    06-14 05:05 PM
    rsharma, l1fraud,

    There is nothing wrong in reporting fraud.
    However your argument that you are reporting it since you cannot tolerate fraud isn't that convincing.

    If you were always against injustice/lawlessness, you will see a lot of it in your daily life. Do you report or take action against each of those ? I don't think so.

    After living in India for long and seeing people put up with all injustice and sometimes doing it themselves, it is hard to believe your argument that you are doing it just for the sake of law.

    I am not saying that we are reporting fraud just for the sake of not tolerating it. This is effecting our GC. Earlier the effect was related to the job being taken away now it is effecting our GC too.

    Initially L1s were sponsored only by large offshore companies like TCS, WIPRO etc.. The effect was that the jobs were taken away. But it did not have much effect on the GC side as most of these large offshore companies do not process GC for their employees.

    But nowadays lots of small Offshore companies started doing L1As. These companies do not have lots of clients like TCS or WIPRo but they have a handfull of clients. So to make sure they have their clients they started bringing people in L1As and processing GC under EB1 for them. Although many of these people are developers and should be in EB3 and should be behind in the line. But as they are in L1A and are appling in Eb1 they are getting GC in no time and also taking the visa#s away. There are hunderes of these small offshore companies started getting people in L1As. Thus these EB1 Visa #s are not overflowing to EB2. This is effecting our GC.

    Now we have :
    1. Large offshore companies sponsored L1s taking the jobs
    2. The small offshore companies sponsored L1s taking the GC visa #s.

    If the L1As are indeed senior Manager then no problem, but the Developers/Business Analyst/ Project Manager without hire-fire authority are getting GC under EB1.

    Thus these frauds should be reported so that at least the # of EB1 visas are not taken by fraud.

    So you too can see how this fraud is effecting us all.



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