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  • walking_dude
    04-27 10:03 PM
    It's not just 180 daysd before the application, it also includes 180 days AFTER the application.

    This is the current section on 90 days period

    (E)(i) In the case of an application described in clause (ii),
    the employer did not displace and will not displace a United States
    worker (as defined in paragraph (4)) employed by the employer within
    the period beginning 90 days before and ending 90 days after the
    date of filing of any visa petition supported by the application.

    And the ammendment in the new bill

    (1) NONDISPLACEMENT.--Subparagraph (E) of such section 212(n)(1) is amended--
    (A) in clause (i)--
    (i) by striking ``90 days'' both places it appears and inserting ``180 days'';

    Yes, that is my understanding at this point based on the language . As soon as the bill goes into effect, you will need to stop working at the client site if the bill passes in its current form AND you are working as a FT employee (w-2) of a mere placement company (aka agent or desi consulting). If you are an FT employee of big consulting company then until they get waiver for you AND your current client proves that no layoffs were done at the client site in the last 180 days, you will need to stop working.

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  • HopeSprings
    07-16 01:24 PM
    Guests and members,

    Please take the time to sign this petition so that it can be delivered to CNN as soon as possible.
    Signed with a stinking message.

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  • dallasdude
    05-13 11:05 AM
    This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.

    Few points:

    1) having gc is a privilege not a right.

    2) US has every right to choose whom they want to have in their country.

    3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.

    4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)

    5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.

    Wake up friends, you have options. Don't let your life depend on you application status.


    I'm proud of you. Very well said indeed. Just ignore the haters.

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  • SGP
    04-22 12:10 PM
    This is truly unfair where country of birth determined who gets an 'Employment' based greencard before someone else. It can only be fixed by eliminating per-country limits.

    Can't agree less with you pappu:)


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  • puvathoor
    12-13 12:55 PM
    I like the idea of an annual $100 fee to join.. that way all members have contributed.

    Secondly, i think while a forum method is good, the Administrators should stop posting vitriolic messages ( For Ex: " I cannot believe people are not donating" / " you should be ashamed.." and such).. This creates a very childish image for this organization.

    If there are 25k members and your funding drive is for $30k, why don't you accept $5 and $10 donations?.. Why only $100 or above?.. With 25k members, if we start a drive to donate $1 / member and only 1 in 10 respond, you will reach your funding goal.

    My thoughts..

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  • marlon2006
    08-02 10:43 AM
    No. "Canadian experience" is just a lame excuse, partially because Canada has a very subtle racism feeling, but mainly because the economy there is sluggish and weak. I have Canadian PR and lived there for a year seeking jobs. I have dozens of friends, some born in Canada and holding PhD in IT.
    I recall very well when I landed there in 1998, I talked to a gentleman who was white, blue eyes. He was the counselor for a government placement program, an educated man. He grew up in Toronto; he reported to me that he felt that many employers in Vancouver, BC many times discriminated him based on his accent from the East. Another gentleman, at the same freaking day I arrived at the airport, was from England and worked in the financing sector. Again, I will never forget he told me "if you ever get a chance to go to the US, go immediately. Canada has no future". Then I met a girl the same day who told me she immigrated to Canada from the Middle East, but kept working illegally in the US. She said that living illegally in the US, with some restrictions applied, is way better than living as a legal resident in Canada. As my friend told me many times, Canada sucks. If you have a warm and sweet family back home and can get an OK job back home, think about it before going to Canada. You may end up there frustrated cursing your idea of coming here to North America. Of course if you come from a hostile place, extremely poor, etc, Canada or many other places should be a good option for you. That's different.

    I would think IT experience is the same anywhere so taking it to canada should be ok? If not there are plenty of other management jobs there. It might be a new start but in a one year timespan you will be well established.
    Is it just my wishful thinking?

    As for masters, are you persuing MBA? How about PMP?


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  • coolgc
    05-01 04:58 PM
    I too got a soft LUD. My PD is Oct 06. But my spouse and my children did not get any LUD?
    I am wondering why they did not get one. Any thoughts?

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  • kumar1
    04-20 02:38 PM
    I paid 100 USD to my attorney, just to reply to a small RFE. I think that is how it works.

    I got soft LUD on 4/10 and a hard LUD on my wife's application on 4/13. My attorney recd the RFE today and informed that USCIS is requesting evidence of my marriage to be bonafide.

    My attorney is asking for additional legal fees for replying to RFE. Gurus, do you think I should pay to the attorney or can I just reply to USCIS with evidence?



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  • raju123
    02-13 05:59 PM
    I support IV

    Go IV and have solution for Retrogression

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  • chicago60607
    09-17 11:33 AM
    Lofgren is offering managers amendment (which includes a comprise with Mr.King and minorities). THIS IS for HR6020 NOT for HR5882. We are NEXT.


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  • spdy_mn
    06-14 01:36 PM
    Long as you are married before your 485 is approved you should be ok. What is your PD and category?

    One hint they give you is when they send the fingerprinting (FP) notice. You can't be approved without that. And after FP it takes any where from 3 - 6 months.
    My PD is OCT 2006 and category EB2


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  • gsc999
    07-11 01:26 AM

    Dear Members:

    Immigration Voice is organizing its first peaceful protest rally in San Jose, CA on July 14th in order to protest the broken system of legal high-skills immigration. This protest march is being organized to oppose the enormous visas backlogs in the employment based immigration system. This protest march is also intended to oppose the recent decision of USCIS to block the adjustment of status petitions in July resulting from an unprecedented out-of-order reversal on the part of DOS and USCIS.

    Please join this rally in huge numbers to create more awareness in the Media, Congress and the Administration. We are already getting attention of Congress and the Administration due to recently published articles on the flower campaign in New York Times ( and Washington Post ( on July 11th. If you cannot join but if you know someone who lives in San Jose area and who doesn’t know about this effort, please ask him or her to join this rally. More numbers will get us more media coverage and more attention to this issue.

    This rally has the potential to bring our issue to the attention of everyone, including the Silicon Valley tech employers who have a stake in the morale and productivity of the hi-tech foreign employees in their companies and their backlogged immigration.

    Peaceful protest march by Legal Immigrants in San Jose, CA.

    The New City Hall
    200 E Santa Clara St
    San Jose, CA 95113

    Saturday July 14, 2007

    11:00 am To 2:30 pm


    11:00 AM: Meet at San Jose City Hall at 200 E Santa Clara St.

    PARKING: (Free weekend parking in the 4th St. garage on 44 South Fourth St., & San Fernando St. across from the MLK Jr library; For other free parking areas in downtown San Jose see: ( )

    1) 11:30 AM: Go to the square in front of Dr. Martin Luther King, Jr. Library (150 E San Fernando St).
    2) 12:30 PM: Walk towards 635 N 1st St through S 4th St, E San Carlos St, Market Street and N 1st Street.
    3) 1:15 PM: Arrive at 635 N 1st St and stay till 2:00 PM
    4) 2:30 PM: back to City Hall


    1) Abide by the laws.
    2) Stay on sidewalks.
    3) Follow traffic rules, show courtesy to other pedestrians.
    4) Do not block building entrances.
    5) Dress Professionally. No shorts or Bermudas. Wear formal dress clothes, semi-casual or business-casual.

    Plenty of water, snacks and sun block (if needed).

    Do not bring your own signs. We will have banners and signs ready for you.


    IMPORTANT DISCLAIMER: Event leaders or organizers 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.


    Immigration Voice Core Team.


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  • rajeshalex
    09-25 09:47 AM
    May be we should delete this thread itself.

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  • cool_guy_onnet1
    06-23 09:02 AM
    Q.1) I understand you can't file 485 for your spouse if PD is not current but does the PD need to be current to add your spouse as a dependent on your 485 application w/o filing 485 for her?

    Q.2) Q.1 raises Q.2. When the dates are no more current, is adding your spouse as a dependent on your 485 safe enuf for her to be considered for filing 485 and getting GC when the dates will be current in future.

    Earlier In this thread- page # 3, I had setup a 485 kunwaras mailing list. I spoke to 3 different attorneys including murthy's and came to this conclusion- hope this removes lot of redundant questions.
    First of all, I work for LitIGATION technology company so please - don't doubt any accuracies - All our clients are top attorneys and I have used all my resources and this is the most creative idea i came-up with

    How to delay 485 approvals - - - -
    Wait for 15th July- If PD is current in August - don't apply in July , if not, go for last week of July
    Since there are ton of cases, one will not get FP in traditional 30 day but they will get it around 60-90 days (assumption based on ,immigration and immigrationvoice forums and comparing influx with 1999-2000 dates becoming current situation. Yes, i have taken into assumtion that there were 195K h1's that time )
    Ok so it's september already and you got your FP! But you want to have a total period of 1 year without losing your pd or your file in queue.
    If dates are current in August then rescheduling september FP will go to December/November at the best!
    Then you complete the fp process and the average time is 8 months - considering the flood of applications and dates will definately hit retrogressing in Nov-dec, They will assign cut-off dates. lets assume they go back to where the dates were in May/June 07 , then ,you will need to see where you are in the queue. There are some creative ways of generating an RFE (without getting 485 rehected due to initial evidence)- but it's not recommended ;-).
    Keep-up the good work and please contribute if you want to thank me.


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  • alisa
    02-13 07:30 PM
    A lot of people, including me have lost faith in IV. They are not going to pay. We don't know what IV is working on

    I believe the core group has made efforts to let us know what they are working on. Obviously, we shouldn't expect them to give us a daily update. That would be quite stupid.

    and we don't believe it can do anything. The sooner IV accepts it, the better. I have seen this personally in talking to people and you can see the evidence with less than 300 people contributing. IV needs to produce results first.

    I think this has also been addressed here in different threads. IV cannot, just by itself, get congress to pass pro-immigration laws. However, it can influence the senate/congress to add pro-EB provisions to pro-immigration laws.

    If you think that with 8000 members, and 300 contributing members, you can have the congress/senate pass pro-EB laws, you are grossly mistaken.

    IV needs to figure out other ways to generate cash if it thinks that would help. One way would be advertising on the site. I think IV has built this website well and it is an asset it needs to use NOW. I believe IV can charge up to $10,000 a day for advertising on the website. That would be $300,000/month or $3.6 million a year. Even $3000/day would result in over $1 million. That should not be very difficult to do.

    Great idea.
    Except, nobody is going to pay 10K/day to advertise on this site.
    For a group that can't generate more than 4k-5k per month (200 contributions times 20) for something that it desperately needs, it would be an absolute travesty of common-sense for a business, to invest 300K per month in advertising to such a group.

    Keep in mind the following two equations.
    Membership+funding+lobbying+patience = Chance of success
    Sitting on our butts = Guaranteed failure

    BTW, I would also like to point out the antiwar website again.
    They are doing a funding drive.

    On day 1 of their funding drive, 117 people gave a total of 5312 dollars.
    Their goal is 70K for this quarter. And they hope to raise that money in one week. After this week, they will again ask for funding in the next quarter.
    Obviously they have a HUGE membership compared to IV. But that just underscores the need for increasing membership.

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  • calgirl
    06-14 12:58 PM
    I hadn't heard about the new Memo..
    Last I checked, I had namecheck pending too and it was pending for more than 6 months..

    I can take up an Infopass to find out if its still pending.
    If it is pending for more than 2 yrs, what are the next steps?
    (Obviously 485 won't get approved if name check is pending)


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  • BharatPremi
    03-13 10:00 AM
    Are we sure that consular processing dates are mirror of AOS bulletin?

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  • raj2007
    06-16 01:10 AM
    Has any of you guys heard of "Follow to Join". I believe that if you are "legaly married" before filing I-485 then you should be able to bring your spouse in whenever your GC is approved. If your GC is not approved by the time you get married i think she should be able to come in under H4.

    Not before filing I-485 but before your I-485 approval. You are safe even if you marry 1 day before approval.

    I'm in a similar situation but more complex. My fiancee was in the US on J-1 visa and had to go back because of 2 year Home residency requirement. I have e-mailed my attorney but she's on vacation until next week. I have my 140 approved and am not sure what next step is as my fiancee's j1 2 year HRR is not up until Jan 2008.

    What's your PD?

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  • needhelp!
    05-23 03:03 PM
    Most of the Congressman offices are now well aware of the issues, phone campaign is not an attempt to explain them the details.
    It is more of a push for them to take action by giving them a sense of how frustrated we are. Not many "normal" people would just pick up the phone and call a congressman, right?
    While clicking a mouse button takes a fraction of a second, you would have to spend atleast a few minutes picking up your phone, have enough belief in your issue to have the courage to speak to a live person and convey your message.
    We all love this, don't we :) :

    02-26 05:28 PM
    Niether many has tried this option (entering on AP and filing H1B transfer to different employer other than GC sponsers) nor USCIS has strong history of approving/dealing with these type of cases. After entering in AP, though one can very well contine the H1B with the same employer to whom any one work on H1B before leaving US. There is a memo for this type of situation. However, there is no specific memo to address this situation (Transfer). It is all depends on the individual adjucidator's logic. If they see your latest I-94 with parolee stamp, then they may deny (or issue a RFE )the H1B transfer, by the applying the the logic of one must be in the smae status to seek extension. If the deny/issue RFE, you can not counter act as there is no secific memo or policy by USCIS in this case.

    Can you please provide a link to this memo ? My attorney said, if I want to continue on H1 after reentry, I must get H1 stamped and enter in H status. If I use AP for reentry, I should change to EAD at work. This memo will help.

    I know there is a memo about continuing on H1B after filing I485 (dual intent) in the context of AC21 , but I am not aware about one that deals with entering with AP and continuing on H1.

    Most of the answers above talk about transferring/extending the H1 after the reentry to get a new I94. How about if you want to continue with the same employer and you already have H1 valid until 2011 ? Do you still apply for H1 extension ? If so what basis ?

    Do they enter a validity date on I94 when we enter using AP ? If so what date would that be ?
    What is the significance of this date on I94 when one wants to use EAD and never goes back to H1 ?

    02-14 01:49 AM
    Spot on. i think the anti-immigrants grossly magnify the hue and cry over H1-B abuses. Most americans dont know what H1-B is and nor do they care. The only immigrants they have heard about are the illegal kind. Ordinary americans are mostly indifferent to legal immigration. Politicians care first for their votebanks (present and future) and second for their sources of funding aka corporate lobbies. They are the ones who have the ability to make a difference.

    I think many a times we over analyze things. It does not matter what the common people think about legal immigrants. Most people do not care. Even if they do, it does not affect us in any way, because rules are made by politicians not by men in the streets. And most polticians do care about immigrants, but only the illegals ones, because it is their future vote bank. For legals the only hope is companies like Microsoft, with a big fat wallet. Just pray that the economy keeps going at the current pace or else there could more trouble for us.

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