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  • desi3933
    07-10 04:54 PM
    And, yes, *legally* speaking, if an employment is at-will, it can't be "permanent." That is, if an employer fires you (for performance or downturn) , you just can't sue him on the ground that you were promised a "permanent" job, can you?

    You are wrong, again!. ;)

    I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.

    .




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  • RNGC
    02-10 05:21 PM
    [QUOTE=sanjay;316793]Santb1975,

    Had this been a call to build some temple or religious place I bet we would had been collected 5 - 10 times more than what we are at now.

    QUOTE]

    Totally agree with this!




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  • desi3933
    07-10 02:25 PM
    @desi3933:
    On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)

    "Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!

    Looks like you missed this on that link:

    The job opportunity must be for a full time, permanent position.

    There must be a bona fide job opening available to U.S. workers.

    Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.




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  • joydiptac
    07-21 03:42 PM
    On the one side you have the EB2. Earning more, and better educated. Clearly more important human beings to IRS and society. On the other we have EB3 Junta trying to get what they think is their right to spillover.
    Now I understand all your points and agree with all of them.

    Only 1 question :D why is IV not fighting to increase the regular (non spillover) quota for the clearly better category EB2. This is clearly not fair such super humans having to share same numbers as lower categories. Lower categories should go to Bombay where there is one apartment which is still empty.
    Or better still get rid of the EB3 category altogether. Problem is solved! :D

    You know you guys are really funny. :D



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  • Libra
    07-06 10:38 PM
    WOW!! I really feel good and proud to be a member of IV, many members(even seniors) should learn from you guys, instead of critisizing whatever others do, come up with good ideas.




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  • delhiguy
    07-08 08:47 PM
    macaca, This is really good point


    There could be 3 reasons , which i could think of

    1. The CIR, which was providing amnesty to aroun 12 million illegal residents in the US,so they wanted to keep the legal residents happy.

    2.The DOS wanted to force USCIS to finish its backlog, if the dates were current and USCIS would have to accept our applications then they would have to process a lot of EAD/AP and would required a lot of work, They could put the 485 in queue but not AP/EAD. So the only way for USCIS was to process the backlog(At least many legal residents got GCS)

    3.USCIS wanted to avoid accepting these applications till July 30, to get more fees( I think this is the least possible reason)



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  • KiranKashi
    02-06 09:48 AM
    Contributed $50.

    Transaction ID for this payment is: 9HC60443VA201913V.



    Thanks GoodIntentions, guru76, Naitik for your contributions.

    Members please let friends and colleagues know about the event and contribute within their means, for their own cause.

    Total Contribution: $1100.00
    Amount to be raised: $48,900.00




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  • Macaca
    07-20 08:41 AM
    Some should be feeling really guilty for using IV and not contributing till now. Come out the stingy attitude and help.

    I can not believe that you have such short memory. Does super ASS msyedy ring a bell?

    msyedy had no guilty feeling AT ALL. He was standing by principles. Go figure!



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  • anzerraja
    07-20 08:51 AM
    Thanks anjs !!!!

    Can you please quote the amount you are pledging, so that we can keep track.

    Count me in.




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  • psaxena
    02-25 04:21 PM
    Pappu,
    Can you make it a sticky note so that the users in all the forums can see the donation stuff and also put on the procedure on how to donate.

    FreeRiders,
    Thats true there are a lot of free riders and unfortunately they actually make fun of the effort and at the same time jumps first to take the advantage.

    Free riders if you are reading this and I know you are, please and please come out of your cheap mentality and donate. You know very well that saving 20$ will not help you build a TajMahal, but donating just 20$ or 50$ will make a huge difference to millions of people INCLUDING YOU AND YOUR FAMILY.

    So don't be ashamed of yourself by not donating and donate generously.



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  • chanduy9
    07-03 02:45 PM
    Once you sent the flowers pls poll @
    http://immigrationvoice.org/forum/showthread.php?t=6029




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  • VMH_GC
    07-19 08:20 PM
    can you create an excel sheet in google and share it so that it is easy to track the contribution



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  • gc_vbin
    02-21 01:13 PM
    Donated $50 via paypal
    Your transaction ID for this payment is: 0AD43776BW681541E.

    Will be donating 20,000 Delta skymiles as well coz will not be able to make it to DC (though I wish I could)




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  • akhilmahajan
    02-09 12:12 PM
    Thanks a lot. Please ask your friends and family to also contribute.

    GO IV GO. TOGETHER WE CAN.



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  • SGP
    11-19 02:40 PM
    Nothing for Legal Immigrants, but any ways below is his response.

    Dear XXXXXXXXX:

    Thank you for contacting me to express your support for S. 729, the DREAM Act of 2009. Your opinion is very important to me, and I appreciate the opportunity to respond to you on this important issue.

    You will be pleased to know that I am a strong cosponsor of the DREAM Act and am fighting tirelessly to enact this critical legislation into law. As the first person in my family to attend college, I can personally attest to the vital importance of a quality education. The DREAM Act, would give countless innocent children the same opportunity I had—to fully reach their potential and fulfill the American Dream. In doing so, it will give our country thousands of new doctors, teachers, pilots, and servicemen. It is a win-win situation for both those who would directly benefit from this legislation, as well as our country as a whole.

    Those that oppose the DREAM Act believe that children should pay the consequences for their parents' mistakes. They believe that children who were brought to this country by their parents without the proper documentation or were kept in this country by their parents without the proper documentation should not be allowed to get an American education. That is not only wrong, but it also goes against who we are and what we stand for.

    While the DREAM Act has yet to be passed, you may rest assured knowing that I will continue to fight until every child in the United States has the opportunity to reach the American Dream. Anything less is simply un-American.

    Again, thank you for sharing your thoughts with me. I appreciate your support. Please do not hesitate to contact me if I may be of more assistance. I invite you to visit my website Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov) to learn of other important issues to New Jersey.
    Sincerely,
    Robert Menendez
    United States Senator




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  • gvenkat
    01-30 04:47 PM
    The morons taking the high moral ground need to make a reality check. let me state that i came here on F1 did my master's and got a job. so i'm not one of those sleazy guys who bent the rules according to these morons.

    there is no one ready to give u a job if u dont have a GC or a EAD or OPT or u go through a consultant. These guys should know that first. Everyone does apply through a body shopper which is not right.. but is there a way out...



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  • Jaime
    06-27 02:22 AM
    Jamie:

    I had decided not to post anyhting about this illegal immigrant/racism thing. But cant help making one comment. You called others racist. But I wonder if you are doing the same by trying to show using numbers etc. how Mexicans are better than Indians. Would that not be racism? Its strange how we are blind to our own biases.

    Moderator, sorry I broke my promise. But this is the last I will say on this.

    Anyway, moving forward...It will be nice to make a list of desirable points in a bill that is independent of any cause for illegal immigrants. I will start with two points. You can add more if you like. If there is enough momentum and support for these points, then in a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).

    1. Allow people to file for 485 and get EAD even if visa numbers are not available
    2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).

    The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.

    With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?

    By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.

    Santosh

    Santosh:

    Your post is good and you are focusing on our IV goals. Thank you for your comment. I will just say though that, as everybody knows I just reacted to others' attacks and never implied that anyone is better than anybody. People who have read my posts know my admiration for India and my belief that it will be Americans who will fight to get a job there one day. The numbers I shared are not "blinding me by my own bias" like you say at all. I fact, I used numbers in order not to be biased and rather to be fair. I just responded to some ignorant comments by some people. I have been to India and hope to go back, and have many great friends from there. What discouraged me is that some people will attack my country especially in a forum where that doesn't belong and where we are all trying to help each other. Any divisions among us are a victory for our detractors. I hope you understand. Let's focus on helping each other going forward, and let's all be friends! Thanks.




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  • vdlrao
    09-10 12:50 PM
    How can contributing $1000.00 to immigration voice solves this problem? You are telling like a swami's in India, give me money I will do some pooja on your behalf and all your problems will be solved.

    The money is not for me or for the Immigration Voice but for the lobbying to make the uscis or the government understand how the employment based GC system is outdated, and how the people who came to usa with an American Dream are being played by the rules not for days or weeks or months but for years and years. And procrastinating their American Dream because of the limitations they have during the GC process.


    Active participation or contribution of 10 or 20 or 100 people wont be any effective unless and untill we all do it collectively.




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  • gc28262
    07-19 07:56 PM
    My thoughts:

    I understand and share the despair and hopelessness felt by EB3 guys.

    Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.

    Spillover issues:
    Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.

    If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.

    Here is an official IV discussion about spillover rules:
    ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)

    Visa spillage rules
    There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.

    If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.

    Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).




    rk07
    09-25 09:36 AM
    HI,
    Lawyer sent to NSC on 27th July. Today called to USCIS support. There are no receipts numbers in the system. What could be the reason.

    Case might have got transferred to CSC. I applied on Jul' 23rd and no news yet.

    Thanks,
    -rk.




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    09-23 12:45 PM
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