1) Employer / DOL/ Lawyers cheated us by filing us under EB3 even though the job posting was well qualified for Eb2.
2) Employer / DOL/ Lawyers were Naive so ended up filing us under EB3 even though the job posting was well qualified for Eb2.
So now CIS can compensate us since we are waiting in line for so many years. In old times when the system was so inefficient and now you have cheated us by improving the system and people have sneaked past us? All this might be true but when you are presenting a legal case these things do not stand a chance of being accepted.
The right way will be to remove all references to Eb2 accept the fact that you consented to be in Eb3 so you should take all the pro's and con's associated with it. After that we can all write letters to CIS and all others under guidance of IV higlighting the endless waits and how visa recapture will help this mess. Dont make comparisons with Eb2 to justify your case because it isnt right and if you feel it is right then why just Eb2 why not EB1 after all they get GC in 1-2 years flat.
I would like to first applaud Pani for this effort. I strongly support his initative. I think his letter is original and from his heart. It is more authentic and human than what some on this forum are suggesting here. I think his gut feeling on this one is more important than the calculated steps IV has been taking so far.
These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
Pani once again I would like to say that you are doing the right thing.
PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.
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I share you concerns about Hindu minority in Pakistan and other Islamic society. But to make it clear neither I am against Islam (Though I DO NOT support the present Islamic Leadership structure) nor I beleive that it is not even remotely possible to covert India into a Islamic Society. But one should be prepared just in case.
On the other hand , I do beleive that by declaring Pakistan a terrorist nation it will force them to take some drastic steps.
Yes, we agree. I am also not against islam but against islamic leadership, especially the hardliners who seem to be ruling the Pakistani and drowning out the voices of the moderates and intellectuals there. In fact, nobody is against any individual.
And you never used the word "gifted". You already provided your reasons for saying whatever you did.
There is a saying in hindi
"garibi mein aata gila"
"spilling the only water you have left when you are really thirsty in a desert"
Again, I am ready to lend support for whatever we may decide here, but please don't have people do something that can get a lot ugly later.
Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.
Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).
I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.
We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.
Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.
IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.
PD: India EB-3 June 03.
I-485 filed in Aug 2007 at NSC.
awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.
Right now enjoying the freedom using EAD.
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but to us, the prospective permanent immigrants, this comes with a measure of fear knowing he might listen and act only to staunch anti-legal-immigration policy advisors in his rank who seem to wield substantial influence on such matters.
This is the quality of ministers we have. I started this thread with his bullshit statement.
May its time to close now :)
But I think you are wrong about Kayani. I haven't seen any reports about any intelligence agencies pointing fingers at Kayani. So, I am curious if you could provide any links. It sounds like a conspiracy theory otherwise.
Let me give you a proof about Kayani, not that you will agree with it, but I will give it a shot anyways.
Pakistan PM agreed to send ISI DG to India when he spoke with Indian PM. Later Zardari also publicly agreed to send ISI DG. Next day the three i.e. Gilani, Zardari and Kaayani had a meeting. After the meeting Pakistan announced that Pakistan will not send ISI DG to India. Now, if Gilani and Zardari agreed to send ISI DG, why the conclusion of the meeting was with the decision that ISI DG will not go to India. It was the starting point of escalation. Who triggered it? Kaayani. This is a well covered report. The point is, if sending ISI DG could deescalate the situation, and if India is asking to send ISI DG, why would Pakistan not send ISI DG even after PM and President agreed sending Pasha to India? Kaayani was himself ISI chief when Musharraf was President/Army Chief. The point is Hamid Gul, Kaayni and Pasha are all same group of cheats.
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You cannot sue for libel if the statement made had information that was substantially true (not necessarily all true). In this case, he has made a statement that is substantially false and libelous in nature.
By calling people who come to the US on H1B visa or students who convert to H1B terrorists, I believe we can and should try to involve companies such as MS etc in this effort.
And here is my message sent to the program using the feedback form:
In the Lou Dobbs Tonight, which aired on Aired August 10, 2006 - 18:00 ET, Michael Maxwell asserted that H1B program is "being gamed by both terrorists and foreign agents". This is an insult to tax paying H1B holders such as myself.
If CNN or Michael Maxwell, could have shown one instance of a H1B holder, who has been convicted of crimes such as the ones committed by terrorists, it would have been a lot more credible.
I know "Lou Dobbs Tonight" is a talk show. To remain credible though my strong advise to Lou and CNN is this:
Don't talk the talk if you can't walk the walk.
Santa Singh was occupying the lower berth, his wife the middle berth and his son the top most berth in the train. When the train stopped at one of the stations on the way back the son requested Santa Singh to bring him a cup of Ice cream to which Santa readily agreed. When Santa and his son returned they found that a South Indian who couldn't understand Hindi had occupied his son's berth.
Outraged, Santa Singh called the TT and asked him to help. TT requested that he could not understand Hindi/Punjabi so it would be better if Santa Singh explained the whole situation to him in English.
Santa Singh explained, "That man sleeping on top of my wife is not giving birth to my child."
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Before joining the job, most newbies don't understand that if job requirement is B.S. and they will be shoved to EB3 . It wasn't their fault. I think they deserve a second chance.
I think EB3 people should automatically be upgraded to EB2 if : they already had a masters; or if they received a masters during the process; or if they completed 5yrs of experience.
Let's not be selfish. Instead try to come up with ideas which is good for all legal immigrants !!!
PMI premium payments are now tax deductible. This is effective Dec 2007. I remember reading an article on this. (I do not pay PMI and therefore do not keep a tab on this. However you may wanna check up on what I say.)
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Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
"I don't think that it is worth worrying about this. It is definitely not
unlawful presence, if anything you were out of status, but I think that even this is
debatable. YOu will have to deal with this issue whenever you file, so I would not use
this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.
She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....
So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......
ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??
IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?
CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?
WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?
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but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...
AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..
* i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
* 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.
btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..
YES my H1B approval had an I-94 attached with it. Same no: as my L1 I-94.
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Read on full (http://www.cnn.com/2006/US/05/17/dobbs.bushspeech/index.html?section=cnn_topstories)
Should we thank CNN Writer Lou Dobbs?
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If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.
This is really a grey area, as per the field manual visa's issued by consulate/embassies less than a year are verified or checked. Less than a year is because the dept of states purges data a year old thats why less than a year time frame they send the copy to consulate for checks . But the grey area I am talking about is ,lets say i applied for 485 in july 2007 and i got my H1 stamped in sept 2006 by the time my case is processed it will be most probably oct 2007 (liek data fed in etc) now in oct 2007 when they process the checks DOS would have purged the data ,so in turn when they process your checks yourr visa issuance date shoudl be over a year as the consulates and embassies wil purge data one year old. I am talking about normal cases where visa stamping is very straight forward ,revalidation or extension etc.
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H-1B efile 2005
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You will see many H-1B positions but one of these is "Systems Software Developer" valid from Jan 2005 to Jan 2008, something that according to him, America is not short of.
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Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy. This Lie is something similar to WMD claim.
Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?
I can understand your pain and agree with you that killing of innocent should stop immediately.
However, you are in a situation where most of intellectual muslims today find themselve. When your rulers are hurting other nations they will take their retalliation on whole country irrespective of whom they are killing. Unfortunately all terrorist use civilians to hide their lack of guts and courage and never confront their enemies with open war where only they alone fights them.
People have to bear the burden of their decision of electing terrorists as their leader and when such leaders do not act against terrorist country suffer. Ultimately this will happen everywhere in the world. We may have to witness more often in future this type of situation where victim country will attach muslim country from where terrorist attaks. More innocent people will die. Unless intellectuals muslims like you gather and see that such terrorist activities are not carried out from soil of your country.
These terrorists want to take this world back to 16th Century. That will not happen and this conflict will continue.
My above view does not mean that there are no injustice done to muslims. I agree that there are injustice happened. But if you study history injustice happened to hindus(India) also. That time was for 'mighty the ruler time'. But most of other community forgot the past and worked towards bright future.
But the route muslim terrorist have selected is diverting whole world's attention from real issue to such barbaric terrorism and real issues remian unsolved. In today's world you can not solve any problem in such a manner. On the contrary, this approach have isolated whole muslim community and many of them are innocent, intellectuals and hard working. This is the time for all intellectul muslims to gather and decide their future.
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Commentary: Anti-immigrant mob creates false heroes (http://www.cnn.com/2007/US/02/12/navarrette/index.html)
By Ruben Navarrette Jr.
Special to CNN
SAN DIEGO, California (CNN) -- The world is upside down. A posse of Republican lawmakers who, when opposing amnesty for illegal immigrants, like to talk about how rules must be followed and how we shouldn't reward lawbreakers. They're now demanding that a pair of convicted felons be rewarded with a presidential pardon.
Ex-Border Patrol agents Jose Compean and Ignacio Ramos were sentenced to 11 years and 12 years in prison, respectively, after a jury convicted them of shooting an unarmed suspect and then covering it up.
It happened on February 17, 2005. That's when Compean and Ramos encountered a suspicious van along the Texas-Mexico border.
The driver, Osvaldo Aldrete-Davila, abandoned the vehicle and tried to run into Mexico. Aldrete-Davila was smuggling drugs, and the van was loaded with more than 700 pounds of marijuana.
Compean fired at least 14 rounds and Ramos fired once, hitting Aldrete-Davila. The agents then collected the shell casings, failed to report the shooting, and filed reports that made no mention of the incident.
None of this is heroic, except to the anti-immigrant mob, which has been making excuses for Compean and Ramos while accusing U.S. Attorney Johnny Sutton, whose office prosecuted the case, of being an agent of the Mexican government.
Recently, Department of Homeland Security Inspector General Richard L. Skinner admitted that officials in his office "misinformed" Republican members of Congress when they claimed to have proof that Compean and Ramos confessed their guilt and said that they "wanted to shoot some Mexicans" before the incident.
But what does all this have to do with the price of whiskey in West Texas? Not a thing. It was the U.S. attorney's office, and not the Homeland Security Department, that brought this case. So, unless federal prosecutors lied to the court or defense attorneys, there is no reason for a pardon.
I've spoken to Sutton twice in the last couple of weeks, and he didn't strike me as some wild-eyed prosecutor. He insists that a lot of what is out there is "overheated rhetoric" from the ill-informed.
Much of that rhetoric belongs to Rep. Dana Rohrabacher, R-California, (or as he is aptly described in this case, Dana "off-his-rocker"). The congressman has said that President Bush could be impeached if either Ramos or Compean meets his demise in prison.
As his name gets dragged through the mud, you'd think that Sutton might hold a grudge. Not so.
"I have a lot of sympathy for some of the folks who are worked up because the narrative that they read is so different from the reality of what the jury heard," Sutton told me.
But what about those unsympathetic Republican hacks, Minutemen vigilantes and conservative bloggers who are using this case to further their own agendas? For Sutton, it's a reminder that there is no substitute for the American justice system. While not perfect, that system is designed to dole out justice based on facts and law, not politics.
"It's why we litigate these things in a courtroom and not on cable television or the Internet," he said.
Be glad that's so.
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a sense of relief after seeing your posts...
any prediction for the Oct bulletin for Eb2/Eb3 India...?
but dont know... I am going by hunch..I hope not to regret..:)
Sometimes you listen to your heart and take a decision
Sometimes you listen to your brain and take a decision.
I believe this situation should warrant you to listen to your brain and hire a good attorney.
Dont go by your hunch (or heart). Again a friendly advice because there is just too much at stake.
Good luck no matter what you decide.
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Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.
Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.
............the same time encouraging other side to kill more and more.