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feliz dia del amor y amistad

Written By muthmmuuuaaanniish on Thursday, June 16, 2011 | 6:02 AM

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  • sayantan76
    05-23 10:18 PM
    one of the reasons we have not succeeded is precisely because folks want to use their own "intellect" and not do what "IV" needs when it really needs you.
    we do all of the above and more. if you like something more than the other that's perfectly fine and dandy. but if we can't collect a critical mass for an action, we lose effectiveness and shoot ourselves in the foot.
    in a group this large you simply have to help the commom action and agenda for success. each opinion is important but at the end of the day the common action must be done by all, as far as possible.
    paskal - i actually agree with your basic premise.....once the larger body agrees on a basic vision and strategic plan - the tactical manuevers to achieve the vision in line with strategy should be left to leaders.......

    but this principle generally works in two scenarios - either when the leader (or lead group) is appointed by a higher authority (like employees following the lead of a CEO appointed by board of directors which in turn has been "elected" by shareholders) or when the leader has been directly or indirectly elected by the constituents.......

    Let me give an example.......an entrepreneur starts a company with a great idea.....grows it and nurtures it with great love and passion......dedicates his whole life to the idea and the venture.......then the entrepreneur needs a larger canvas and more money to grow the vision further.......he takes the company public or gets private equity funding or raises debt........now the new owners/ stakeholders decide they need to change the management and decide to elect a person of their own choice........suddenly a rank outsider replaces the entrepreneur as CEO........the new CEO now has the legitimacy and owners' backing to dictate how the company should function.....

    I welcome red dots but take a moment to absorb what I am saying and whether the principle is wrong......





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  • GCBy3000
    01-30 11:56 AM
    This is good but too late. Now that BEC's have already cleared lots of labors and it is now in the pipeline of substitution. By the time they actually impelement this rule, they would have cleard all the backlogs. May be this will stop only 5-10% of BEC labor substitution.

    If they had implemented this rule a year or 18 months back when they started this BEC, it would have helped us a lot. If all the BECs are cleared and those labors enter into substitution pipeline before this rule is enacted, then it will not cause any improvements for retrogression.

    So do not get too excited now. It is already too late. If for some reasons, if it eliminates some substitution it is only a little releif for us. Overall it is a good move.

    WHY DID NOT they talk about this implementations all these times and talk about it NOW should answer the strengths of AILA and other lobbying groups who have vested interest in this substitution. Now these orgs will not oppose much on this rule as they have already made 80% of labor substutition bussiness which was worth multi million dolloars to them. They are ready to forego meagre 20% business and will also look like a good cop for public by supporting this rule.

    I see DOL making so many improvements, PERM process in full gear, BECs finishing up most of their backlogs, and then, no labor substitution rule. Hope USCIS takes some inspiration from them.





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  • shishya
    06-15 05:01 PM
    It is completely unpredictable. Actually when you file I485 USCIS does not process FIFO(They are supposed to). For example there are 10k gc are left for the year. First they will process the applications which are cleared FP based on PD and receipt date. Always risk is there when filing without marriage. You are safe till USCIS starts process your application. When they take your application for processing then you cannot add your spouse. Also if CIR decides to process backlogs faster then also you will be in problem. Best option is if your marriage is already fixed do it within 3 months and file GC before PD is backdated. You need not file July first. You can wait till Jul15 to see next VB and decide.
    This gives me creeps! 485 applications are NOT processed in FIFO order?!!?!?! I was banking on that being FIFO so I could safely assume that my 485 wont be processed before the next retrogression kicks in in a couple of months -- giving me ample time to get married and bring my wife on H4!! :( :( And I do plan to get married in the next 6-9 months :(





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  • whatamidoinghere
    02-11 04:23 AM
    Looking at the table in immigration-law.com, it appears that 33% have been certified and 33% have been closed/denied of the present 67% that have been processed. Those are absolute numbers (it is not 33% of 67% closed, it is 33% of the total 330K). Hence of the 220K cases processed, 110K have been certified and 110K closed/denied.

    If the same trend holds, it will be 165K certified (out of a total of 330K). Add the 1.1 multiplying factor and we are looking at 346K total GCs. This is 2.5 years total. But USCIS seems to be sending off excess EB 1-2 visas to EB3 ROW so retrogression will continue for EB2 India and China.

    There is some massive confusion here. The Immigration and Nationality Act also says the following for EB3

    -Quote
    (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):
    -End Quote

    Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?

    We shouldn't assume that USCIS is too dumb to follow the law..



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  • sameet
    04-08 10:17 PM
    hi kvranand / nik.patelc,

    same thing happened with my wife's case too, RFE status change on 4/3 and then again a soft lud on 4/6 on my wife and soft lud on mine on 4/7 ... no status change... can you guys let me know once you receive the hard copy... i will update once i receive it...so far havent received and waiting for it...as we have only 30 days to respond...

    We received the RFE for the Td vaccine that was missed somehow by Concentra. But since she is nursing now, we were able to get a blanket Waiver for her.





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  • overhere
    07-18 12:56 PM
    I am not sure if that is going to be an advantage since my PD was not current in JUNE

    who knows? immigrantconnect.com reported that they heard that some applications were approved in june even when the pd wasn't current in that month. i wouldn't worry about it.



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  • apb
    02-16 03:22 PM
    CPO mail for both of us.
    Thanks everybody for all the wishes.





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  • smisachu
    01-25 09:19 PM
    I have read in several forum that one cannot form own company and sponsor H1 through that. The logic is sponsoring H1 is work and you cannot work without H1.
    I think it is acceptable logic. Otherwise many would have sponsored H1 for self.

    Check with some attorney.

    I started my company when on H1 but I did not sponsor myself or anyone. I also did not withdraw earnings from the company since it was not my main income. I only started withdrawing earnings from the company after I got my GC and I can claim on taxes. But it is a good idea to ask an attorney.



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  • svermani
    04-01 04:43 PM
    I also got a soft LUD on my 485 application on 3/30/2009 and on the spouse' 485 as well. Will post if there are any updates....





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  • axp817
    03-31 09:31 AM
    I (and I�m sure others too) would like to know how the following works,

    Employer X filed labor, 140 for their employee. Both were approved (assumption - no RFEs, etc. until now), 485 was filed for in July 2007, and remains pending.

    The employee was employed with Employer X from before the labor was applied and until ~360 days after the 485 was filed, and was always paid more than the LC prevailing wage/offered salary.

    In July 2008, the employee leaves employer X and joins employer Y under AC21 provisions. An AC21 letter, G-28N are submitted.

    140 never gets revoked by employer X.

    In Jan 2009, employer X receives an Ability to Pay RFE for another pending 140 of theirs.

    At this point, employer X has 16 140s that are open (pending OR approved with 485 pending to be filed/filed and pending). Out of those 16 140s, one was for the employee that left under AC21.

    When they respond to that RFE, I do understand that they could be asked to show ability to pay for all 16 140s, even for the one that doesn�t work for them anymore, because of the fact that it was never revoked.

    In this case, is the employee (that left) covered or at risk? I ask this question because the employee that left submitted AC21 documentation immediately upon leaving, thus notifying the USCIS that the �ability to pay� responsibility for his case, if any at all, now lies with the new future employer. There probably isn�t any clear definition of such a situation in the law, but can such an argument ever hold up in court, and protect the employee�s AOS application from getting affected due to any ability to pay issues the old employer (X) has had AFTER the employee left them.

    The only person on here that I expect to be able to give a non-speculative answer to this is UN, unless someone else has personally gone through something similar.

    Long post, I know, and I hope it does get read.

    Thank you.



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  • sri1309
    12-22 08:04 AM
    Minimal response so far. Please have this as an action item and please remove all the old links that are less valid now. If we can have some fresh links and those which can blink , it may attract attention. I know the other way will be when the situation changes like a job loss or out of status.. but I think we dont need to wait too long..





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  • rajuram
    02-05 11:14 PM
    H1B visa CAN BE and IS given to teachers. That poster may have had the problem similar to mine and that is having spent 6 yrs in H4, she was ineligible for H1. Let me remind everyone that decoupling of H1/H4 time happened only 2 months ago. Therefore, if the lady in question already possess Bachelor degree (as min requirement for H1) and is otherwise certifiable I dont see a problem for transfer to H1 .

    the only problem may be in finding a school district willing to file H1 WELL in advance and accepting the fact that she cannot start working on SEP 1st (when the new school year starts) but OCT 1st.

    Topics like these are distractions, please let us not bother IV core with these petty issues. Need of the hour is -- volunteer time or money. I am trying to do the latter with some success.



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  • payal_nag
    04-25 01:18 PM
    just contributed $100 to this cause!





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  • chanduv23
    07-02 02:33 PM
    Yes it applies for IV too. We have a handful of monthly subscribers because everyone wants the other person to pay for it. If the problem needs to be solved, each victim needs to fight this problem.

    Do let us know the outcome of your complaint.
    Please also inform others how you went about making this complaint.

    I have not been able to get even one personal friend participate in IV or donate to IV though they are enjoying AC21 benefits and work done by IV. Whenever I speak about IV they get angry and discourage further talk. They talk about EAD traacking, etc.... but are tight lipped when we talk about IV. Some stopped talking to me and say "it is because of IV" . Some say, "we do not believe in IV" but hideously visit IV website anonymously. It is nothing but hypocracy.



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  • Better_Days
    09-23 08:30 PM
    http://boards.immigration.com/showthread.php?t=286606 :mad::mad:


    I actually had to go and visit the URL to really make myself believe that someone can be this dumb. Well to each his own.

    One thing I did notice was the comment "it is soon becoming the voice of rich and/or EB2 Indians only -- all other categories will either have no direct advantage with the efforts put in by IV, or they will actually see some negative effect from its activities. But that will be the case with any organization that claims to stand for a particular class. In reality, every core group will stand up for it and only itself."

    Does someone care to explain this? I am EB3-ROW, I have occasionally donated and occasionally called but I don't think IV has ever HURT my case?

    On a side note: just on the off chance that the comment is true and IV is truly a community of RICH Indians: can I borrow some money? :D :D The eay I look at it, if 50 of these rich, EB2 Indians give me $ 10,000 each, I can get my GC by investment and I will pay you all back in 2 years. :p

    Have fun guys/gals: life will turn out as it is meant to turn out.





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  • RollingStone12
    04-23 08:31 PM
    because we have some so called important members like who are nothing but plain MORONs

    Well only members who are working for the good for the the whole EB community(Read My GC)
    Not some stupid highly educated person who does not have any education in humanity but thinks he deserves GC before others because he is superior than them

    PlainSpeak aka annshiela79 aka annsheila79

    I have seen all your fight and how you were helpful for the EB community. Specially that skill with which you have single handedly killed the fund raising for the advocacy day. You are a bliss for this community. :D

    Now come back as annshiela79 and start the bashing...

    P.S: Your communication is pathetic at best...I couldnt believe you have got your MBA from a US business school. Is is it TVU...are you one of those elite 1500 students from that great state. Take a break from IV and spend time to improve your communication. No one is giving GC for your hightly educated humanity (you are a disgrace for the humanity though)...what a piece of crap you are. Havent you ever ashamed yourself for being a stupidest person on earth. May be you are too stupid to understand you are a stupid. Its a bliss and admire you for that.



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  • akv123
    07-14 11:40 PM
    We may be angry, but let us not use bad word for him. He is doing his job and earning his bread and butter! I have heard him using very strong language against government and administration - I don't think he is against anything but he has to do certain things to maintain the popularity of his show among middle class Americans (after all it is all business!).





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  • m306m
    06-11 05:18 PM
    1. You have the insurance company on your side to defend
    2. Until the judgment goes against you or you run away, you do not need to worry about freezing bank account
    3. In worst case, during the judgment time they will consider your family, two kids. They are not heartless people and it�s just an accident. That guy must be insane to ask 3.25 million. I couldn�t believe the whiplash injury especially when the damage was <$1500. I just assume the impact must be very minimal.

    My advice is, don�t lose your hope and sleep. You insurance company is there with you to defend. Keep in touch with them and respond promptly to court notice or any letters. You do not need to withdraw your GC. Worst case if everything goes against you declare bankruptcy and leave the country legally. So if you want to come back in the future, you won�t have much problem.

    When you don�t have anything to lose�why do you worry. Keep it cool and every thing will be fine. Seems like those guys wanted to have retirement with your money.

    Dont Panic....

    I am sorry I disagree.

    1. The insurance company is not necessarily on your side. They will only pay up to the amount of liability that you are insured against and that too most insurance company will do reluctantly.
    2. It will be too late to transfer money out of the bank account after the judgement is passed. They will freeze your accounts when the case goes to trial. If you are going to transfer money do it before the trial.
    3. I agree 3 + million is absolutely unreal. Try and settle this before it goes to trial for a nominal amount.





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  • spdy_mn
    06-13 06:34 PM
    you mean your future wife... :)....

    Yes boss, but do you have any pointers to my question :D





    eb3_nepa
    02-05 05:16 PM
    Ok Logiclife, i did not intend to start a war or anything of the sort. I was just giving suggestions in light of the fact that inspite of IV working VERY hard, nothing is happening on the GC front. That is the ONLY reason I put up this post.

    One more thing. You mentioned that a lot of people are not contributing, maybe the reason is that not everyone wants a GC that desperately. Some people are fine with working here temporarily and then going back after making some money. Besides some members who have contributed in the past may be wondering if it even makes sense to contribute again, being that there has been no real progress on the GC front since Dec 2005 (the birth of IV). Now do not get me wrong I KNOW how hard the IV team has worked and how many time we came SO SO SO close to getting our dreams realized in the Senate only to be crushed in the house again.

    My point was, maybe it is time to face the facts. The government has changed but the basic attitude towards the "immigrant" is the same. This is because the average American, views immigrants as a threat. Now we can argue all we want on that statement, but in our hearts we know that the "AVERAGE American" would rather Not have immigrants come to the US (legal or illegal). In light of these events does it not make sense to ask for simpler goals? Goals like 485 filing or H4 Eads etc. Sure it makes us look weak in front of the anti-immigrants, but then are we here to solve our problems or to prove the anti-immigrants wrong?

    Lastly this was NOT a threat nor was it intended to be a Threat that "take my advice or i will leave". Just a simple suggestion in light of things to come.





    rajagopal_04
    01-01 08:57 AM
    Attended Interview on Dec 12,
    Visa Stamped on Dec 17
    Got the passport on Dec 20th.


    I am still waiting for my wife's PP (interview on DEC 19th). My friend went on DEC 26th and got his on the same day....

    What about you guys who are waiting for thier PPs?



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