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  • senthil1
    06-28 04:16 PM
    What you can do if a company does not advertise but only hiring US citizens or GC holders and avoid all others? Many Indian companies are only hiring H1bs or Indian origins without ads. In USA all the hiring are at will basis. To resolve this fast try to get green card quickly. You will have preference over H1b holders. Instead of fighting individually with companies better to fight collectively to pass recapture bill or green card bill to get GC fast. You need to get multiple legal opinion whether those advertisements are legal. There may be some exceptions according to law.

    like desi*3* pointed out, its good to get a lawyers' opinion. if this was illegal it is unlikely that corps would do such postings in such numbers.

    unfortunately, H1B is often the last choice in tough economic times (of course the job skills will continue to be an overriding factor) which hurt some H1B workers the most. Personally, holding a job was very difficult for me during the dot com bust so I understand the pain.

    But there is very little to be gained by copy-pasting dice ads in IV forums . we have also seen such ads during the the dot com bust when software industry was down. what's so new here?

    and by going to the media, you are going to incite more anti-indian feeling. an indian gets equated to a job stealer in these times. people don't bother to instrospect over what exactly has ruined the job market.

    at times its good to lie low instead of making impotent noises. just my opinion.
    choose wisely. finally, each to his/her own.




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  • dixie
    10-18 02:14 AM
    I was in a similar situation .. my employer ended up applying using my bachelor's degree. You can do that, as long as you are not claiming one of the 20000 visas exempted from the cap for masters degree holders.
    As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.




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  • mpadapa
    10-09 10:33 AM
    This thread is very interesting. Ppl are coming up with various hypothesis to get their own GC fast. Come on folks, the GC system was good when it was devised in 1990. It is just that the system never kept up with the changing times. The inflows to the GC system kept changing (more H1's, L1's....) but the outflow (visa numbers) are still fixed, and hence there is too much overflow and choking in the system. Isn't it time for us to unite and stand as a single voice and work towards removing the bottleneck (visa numbers).
    It is easy to say on forum how USCIS should work, but in reality can it work. For example Just try to convince U'r colleague (sitting in u'r adjacent cubicle) or even U'r boss how to perform his/her work. Then see how the response is. If we (IV members) aren't aligning on basic issue and solution, how much credibility would we be having to go and ask USCIS how they should run their office.

    Come on folks, be realistic. We all know a legislative fix is the only way to solve the current front-log so why can't we organize at various levels (county, state, national) and work towards such a legislative fix. The key to that is to get active in U'r state chapters and do grass-root level work towards a legislative fix.

    If the system is streamlined the out of order processing worst case might be in weeks (can we not tolerate that) compared to yrs now...

    INSTEAD OF SAYING IV SHOULD DO THIS OR THIS etc.... WHY DOESN'T ANYONE SAY THAT I/WE WILL DO THIS SO THAT IV CAN ACCOMPLISH say TASK x




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  • hindu_king
    03-06 05:11 PM
    Section 202 of the Immigration and Nationality Act (INA) states that the per-country limit for preference immigrants is set at 7% of the total annual employment-based preference limits. This means a country with large population like India and a tiny country like Lichtenstein get same number of visa numbers. This system is designed to systematically discriminate people from India and China by preventing them from attaining employment visas. More research needs to be done whether this constitutes a violation of US Equal Employment Opportunity Law. We need to find out whether this constitutes discrimination by national origin. Below is is some relevant reading material:

    http://www.eeoc.gov/policy/docs/national-origin.html#IIA



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  • shantanup
    03-29 07:03 AM
    To allot a GC or Immigration is a leanthy process includes several steps so it takes time to pass through all these steps. After validating and checking all the documents the GC is alloted
    so the process takes time.

    So naive!




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  • trueguy
    09-19 10:21 PM
    Instead of predicting and estimating why don't all of us do some calling for HR 5822.

    already did that. Is calling the only thing at the moment? Why don't you let EB3 guys talk a little?



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  • gimme Green!!
    07-06 05:25 PM
    Who is organising this?
    Has this event been provided to the media to ensure coverage?
    What is IV Core's take on this?

    Legal Immigrants Protest at San Jose on July 7

    Location: City Hall
    200 E Santa Clara St
    San Jose, CA Yahoo Google Map

    When: From Sat Jul 07, 2007 11:00 am to Sat Jul 07, 2007 2:30 pm

    11:00 AM: Meet at San Jose City Hall (200 E Santa Clara St, meter and paid
    parking lot)
    11:30 AM: Go to the square in front of Dr. Martin Luther King, Jr. Library (
    150 E San Fernando St)
    12:30 PM: Walk towards 635 N 1st St through S 4th St, E San Carlos St,
    Markety Street and N 1St St.
    1:15 PM: Arrive at 635 N 1st St and stay till 2:00 PM
    2:30 PM: back to City Hall

    Rule #1. Abide by law
    Rule #2. Stay on sidewalks.
    Rule #3. Follow traffic rules, show courtesy to other pedestrians. Do not
    block building entrances

    What to bring: plenty of water, snack, sunblock and your SIGNS.

    See google map for the route:
    http://maps.google.com/maps?f=d&hl=en&geocode=&saddr=200+E+Santa+Clara+St,+San+Jose,+CA&daddr=S+4th+St+%4037.337490,+-121.887320+to%3A150+E+San+Fernando+St,+san+jose,+c a+to%3AS+4th+St+%4037.332980,+-121.883940+to%3AS+Market+St+%4037.331030,+-121.888360+to%3A37.333859,-121.890907+to%3AN+Market+St+%4037.338380,+-121.894240+to%3AW+St+James+St+%4037.339080,+-121.892780+to%3A635+N+1st+St,+San+Jose,+CA+to%3A20 0+E+Santa+Clara+St+San+Jose,+CA+95113&mrcr=4,5&mrsp=5&sz=15&mra=dme&sll=37.335736,-121.886315&sspn=0.015764,0.039911&ie=UTF8&z=15&om=1



    Disclaimer: Event leaders take no responsibility and will not be held
    responsible for any injuries or accidents that may occur during the
    posted events. It is your responsibility to abide by law. By joining
    this event, you are taking responsibility for your own safety and well-being.




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  • vbkris77
    03-06 04:44 PM
    Great job Mirage, if they can lift country cap for 2 years and work per law, it should resolve all the issues. Per their stats they published to DHS, they have 250K EB applications pending, even if you add 100K applications for the remaining, it should clear all the backlog.

    Ofcourse CIS can kill it by saying FBI name check etc. But they can't do it for 250K applications pending. Even though I haven't filed my 485 yet, I support this.



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  • dskhabra
    03-27 09:30 AM
    We landed in Canada (Rainbow Bridge, Niagara) last week. No questions asked by Canadian immigration regarding stay in US. On the way back (Rainbow Bridge) US IO did not ask anything about 485 or Canada PR.

    We filed AOS in July 2007 and have valid H1 visa in the passports. But it all depends on your luck and we had some personal reasons to land in Canada and we took the risk.




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  • vivache
    05-16 02:13 AM
    Yes .. you can start a company on h1 ..
    but as per h1 laws .. you can only work for your employer
    So essentially you cannot do any work for your company .. no soliciting business, HR .. nothing.
    So what you do is partner with someone who is on GC .. so you can get work done .. or hire employees for everything.

    Starting company is easy LLC, C, S corp .. no issues



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  • gcnirvana
    06-26 02:47 PM
    My employer says EVL is not required for 485 filing. How do I make him understand that it is required? Any links from USCIS website or any authentic info will be helpful. I searched and couldn't find it!! TIA




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  • SunnySurya
    08-18 02:57 PM
    No with love and logic... By the way check your PM. Let me know if I am guessing it right about who u are?
    you manage people with a stick ?? :)



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  • amitjoey
    11-17 04:14 PM
    If Dream act becomes law, I will throw my visa documents and register my self as undocumented alien with undocumented birth certificate and get degree from a community college and get the visa.:D

    You wont be able to do that if you entered the US at an age more than 16yrs old
    DREAM Act beneficiaries must:

    Have proof of having arrived in the United States before age 16.
    Have proof of residence in the United States for a least five consecutive years since their date of arrival, compliance with Selective Service.
    Be between the ages of 12 and 35 at the time of bill enactment.
    Have graduated from an American high school or obtained a GED.
    Be of "good moral character"[12]


    That is why we need to participate in this action alert and have them consider our ammendments.




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  • kshitijnt
    05-01 09:41 PM
    Even I got a lot of red dots on this post.

    Please give me some green now :)



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  • ski_dude12
    09-07 04:33 PM
    We got our receipts today. Mailed out the application on the 2nd - Reached NSC on the 3rd. Receipt numbers are SRC so my case got transferred to TSC.

    Receipts are coming... just hang in there.




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  • coopheal
    09-23 05:52 PM
    Excluding dependents is like making the Cap 2.5 times, when I say least controversial I intend to that everybody in the legal immigrant community will support it. If the cap becomes 300K Per annum, Iam sure everybody by which I mean even if somebody has filed for his / her labor today will get approved within 2 years (Equivalent to 600K visa numbers). Of course this will require a change of law but nobody EB1, EB2, EB3, ROW, India / China would oppose this as everybody's process gets speeded up. There is no other way to clear the backlog in its entirety and ensure that it does not happen again like this solution of excluding dependents.

    my dear friend come back in reality..... to put it least harshly... “khayali pulav banana band karo” (stop day dreaming)
    IV core needs to focus on real issues and obstructions which anti throw our way



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  • simple1
    05-04 07:38 PM
    Hello Sir,

    While opinions are good and welcome. My requirement is to see the exact INA language.

    I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?

    Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.

    Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.

    I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?

    Thanks

    Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.

    To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.




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  • deepakjain
    05-08 05:53 PM
    My Apologies if this seems a bit rude to you...

    IV is specific for people those who are awaiting permanent residence...but looking at the recent set of events for those who are not in queue and are new here with just 2-3 years of stay in State....on H1B...

    Following is happening and it has a reason...I know many of my friends who have been denied H1B, L1 extensions ..these are those people who have just started PERM...

    EB2 dates moving to Jan 00 and other not under U, has a specific reason as well; quota is one reason but it is not the only reason in the current state...these is another means to make sure that those who are trying to get GC and other who are trying to stay for 6 years under H1B should be putup into a spot that the thought of leaving this place and ending up back home becomes a reality..

    I am sure out of total 500K awaiting the GC process, will have now atleast a second thought of going back home...H1B and L1 under 6 years are now also being forced to return back....




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  • naidu
    11-17 03:13 PM
    Done




    psk79
    08-28 09:43 AM
    I have seen several July 2nd Filers at NSC whose cases Transferred to TSC are getting receipts.That's good sign...,Does any july 3rd filer got receipt?

    I have only seen just one or two cases so far with receipts I mean filed on Jul 2. I myself am a Jul 2 filer NSC filer with TSC approved 140 and haven't gotten anything yet....I also had the LUd on 7/28/07.




    ramus
    07-07 10:17 PM
    Please mention how many members from family..

    IF we get minimum 1000 then we can talk to core members.


    I think we should have a poll for DC rally and it should be on IV home page so that every visitor know about it and poll.



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