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  • rsharma
    09-24 09:52 AM
    It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away.. :p

    I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..

    But buy then major damage was done..

    Therefore EB2 guys wake up till there is time.




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  • spulavarthi
    08-15 12:50 PM
    Yesterday rcv'd email card production.

    RD 06/16/2008
    ND 06/18/2008
    PD Feb 2006.




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  • johny
    10-10 12:19 PM
    I sent to NSC on Jul 6th. Though EAD,AP have come, No FP yet.




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  • starving_dog
    06-26 12:02 PM
    I find it slightly amusing that your perception is that my perception is distorted. I am not a member of the core team and my remarks are my personal opinion. If I am wrong, well, then I'm wrong. If I'm right, these posts will be buried so far in the thread that it won't matter at that time.

    Check this out... http://www.visalaw.com/blog.html



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  • Lasantha
    02-05 11:32 AM
    LasVegas,
    As far as I can remember all I needed for SIN card was my landing papers and my passport as ID. I did not open a bank account in Canada so I can't help you with that one.

    Is there an advantage in opening a bank account if you plan to return to the US? Please let me know. I might want to open one myslef if it's going to help in anyway.

    Lasantha,

    Thanks for info about proof-of-funds question. Another quick question, what documents are needed to apply for SIN card & open a bank account?

    Thanks.




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  • techbuyer77
    06-18 06:45 AM
    me too



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  • chanduy9
    07-05 09:34 AM
    Hi,

    I request every one who effected with the Revised JULY visa bulletin to send the flowers.
    I am sure we get some media and political atten....

    Select Occasion: "Sympathy"

    The message: All the best for future Employment Based visa estimates

    Delivery location type is Business, US Citizenship and Immigration Service

    Address:

    Emilio T. Gonzalez
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529


    Thanks,
    Chandra.




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  • acecupid
    07-05 02:02 PM
    Even if AILA loses the lawsuit, it will bring this entire incident to the limelight. The best thing we can expect out of it is media attention which unfortunately is not available to our cause at this time.



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  • lost_in_migration
    05-01 04:36 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4

    PART 2 [CONTD.]

    (II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.



    (III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).


    (IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .


    (C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.

    (3) Skilled workers, professionals, and other workers.-

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

    (i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.

    (iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).

    (C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .

    (4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .

    (5) Employment creation. -


    (A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--


    (i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and

    (ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).


    (B) Set-aside for targeted employment areas.-

    (i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.


    (ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).


    (iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

    (C) Amount of capital required. -

    (i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.

    (ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).

    (iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -

    (I) is not a targeted employment area, and

    (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).

    (D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.


    (6) Special rules for "k" special immigrants. -

    (A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).

    (B) Counted against numerical limitations in following year.-

    (i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .

    (ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

    (iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]




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  • sunnysharma
    06-11 10:21 PM
    Print this up, You should be able to see LIN/WAC numbers clearly..



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  • waitingonlc
    06-14 04:04 PM
    My attorney sent my case on 05/31 via Fedex to NSC to reach by 06/01.so far no receipt received per my attorney.she has written the checks for me.I may have to wait and see.




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  • shankar_thanu
    03-24 08:22 PM
    I applied 485 on July2nd 2007, we never got the FP notice, I called up the USCIS inquiry number, opened two service requests, nothing happened. My lawyer sent a letter asking USCIS to look at our case, that was ignored as well. We finally got an Infopass appointment and went to the office today, after a little bit of confusion, we were told that the most likely cause was that we sent pictures along with our EAD applications and that confused CIS procedures and they missed sending us FP notices.

    Cant believe this crappy explanation, but this is what we were told. We were told that usually they call people in for FP and take the pictures and then process the EADs. Anyway, it took all of ten minutes to figure this out and issue us an FP notice, there is no reason they couldnt have done this over the phone...

    Good thing though is that not having the FP done does not stop then from processing the Name check and infact my wife's name check has been completed..


    Hope that helps...



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  • sunny1000
    07-08 05:58 PM
    In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.

    The congressman is wrong.




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  • GCStatus
    09-16 06:00 PM
    Guys

    We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.

    Here you go

    http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
    http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486

    This is for the non-believers like Mr.Lord



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  • romeshtrisal
    09-10 08:31 PM
    My papers were received at Nebraska Center by one... M. Schwitzer on 30th July. So far nothing... no receipts, no encashed checks.
    Latest frontlog update shows they have reached 29th July. It is a farce. In my office, I know of at least 5 guys whose papers were received in Nebraska Center between 17th to 20th July. Their checks are not even encashed till today.
    They just put in wrong and fake info just to please their bosses. This is a messy setup.
    Perhaps it is time for us to wake up one day and head to our "real and true" homes! May be we will eat Dal Roti only but we would be proud of ourselves and not remain at the mercy of these insensitive folks at INS. I am sure most of them are guys like you and me, but the system sucks and deep inside our hearts we off-load our anger and frustation at them....
    I am really pissed off.....




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  • amits
    07-20 12:08 PM
    Aman, Hats off to you!

    If you, core team are not taking the reimbursement, then I will contribute my pledged amount to IV contributions.

    Thanks for everything you've done for legal immigrant community!!

    It's a pleasure to be a part of this group!!!



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  • krishna.ahd
    04-20 09:12 PM
    I currently have a job offer from the client .

    My previous company has applied in perm as Software engineer , Applications as Job Title and Job Description is PeoplesoftSoft, Peopletools ,SQR

    My client would like to hire me as Peoplesoft Developer. but I am expecting a raise in salary of atleast 30%.

    Would this be a problem ?
    When you say Job description should be more or less same what exactly does that mean. Should it be exactly different or some minor change is ok ?

    Help me out as I have to decide on the offer by weekend.
    Job title - doesnt matter but your job duties or job description matters.
    Your job description should not change from PL//SQL developer to J2EE or something drastically.
    Again as said by Ramba please keep in mind INS have not published any hard lined rules or clarification. But as per my attorney's view INS is lenient on AC21 cases with respect to approval , at the most you may get RFE for job description and latest W2 for salary comparison with 140.
    Finally I am not legal expert , confirm with your lawyer.
    Good Luck




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  • bottlemani
    12-10 11:13 AM
    Living off the wealth others have created?? What are you talking about? Also, this issue is not just about programmers. It is about doctors, scientists, engineers and several other qualified professionals. Do some fact-checking rather than being a nitwit. Go take a walk.



    Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?

    The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.




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  • anzerraja
    07-20 02:47 PM
    Let the thread continue until Monday evening. Meanwhile let us add a poll asking the members in this thread to vote and then decide on Monday evening. Meanwhile the drive will continue.

    Options might be

    I donated towards reimbursement and that is where i would like to see it going. If not i will withdraw my pledge.

    I don't care and will stand by the pledge.


    Whichever thought prevails as the most valued opinion , we will go with that. Any thoughts ???




    syzygy
    07-10 10:00 AM
    Can you please put this as text/html and feed to search spiders on google etc?

    This is our official response to this

    http://www.touchdownusa.org/pdf/Response.pdf




    ddanait
    02-18 01:27 PM
    I still dont have access to Donor Forum, I have sent out email to IVCoordinator and Starsun with the transaction/Subscription ID.



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