Tuesday, June 14, 2011

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  • invincibleasian
    02-27 07:32 PM
    Assuming that you can still file for labor substitution, any suggestions on risk involved with substitution for future employment?
    GOOD LUCK!!!





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  • fide_champ
    12-11 05:30 PM
    it has not been a whole week yet so have a heart. Did you try to track the passprt from the vfs site

    The VFS website says the consulate is still holding the passport. My wife also applied for H1B on the sameday/sametime and she got her passport within 3 days. I doubt i am stuck because of this new PIMS rule. Should i send an e-mail to the consulate to confirm it?





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  • JazzByTheBay
    07-17 10:08 PM
    Let's pick up where we left off before this July 2 visa bulletin debacle (and the resulting struggle). Though the whole fiasco did get us our first taste of success, imho, and as such isn't insignificant by any measure.

    Jazz

    we seized on an opportunity and won a battle.
    the war is still to be one.
    there is no way this over. we will fight till retrogression ends.





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  • breddy2000
    12-09 06:36 PM
    Bump Bump..

    Folks dont let this thread die..

    Moderators can we have link of this thread posted on the homepage????

    Posted my comments ....



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  • mrajatish
    02-28 10:00 AM
    Here is what I have understood from my lawyers -
    DOL decree, if adopted, will prevent any further labor substitution.

    Any labor approved after the decree is adopted cannot be used for substitution.

    Any 140 application based on labor sub will not be denied until USCIS adopts a similar resolution - it is unlikely that USCIS will do such a thing as it will lead to lawsuits from lawyers and folks already in the queue

    People with already approved 140 do not need to worry at all.

    I am laying down the facts here such that people can make educated decisions on what they want to do.





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  • brb2
    02-07 08:54 PM
    Post doc is a position not a US educational qualification and hence not a benefitiary of SKIL bill. The SKIL bill included US Master's and Ph.D's.
    With your US MS you should not have any problem. Would require 3 years work experience to allow one to self adjust. We will need to wait and see what happens when it is introduced again in the new congress.

    I hope USCIS has your thought process. Your thought process means that there is something in SKILL for US MS. I used to think that SKILL is only for non US MS.

    Have you seen SKILL? Does it have anything for US Ph D and Post doc? You can have a US Ph D without US MS and you can be US post doc without US Phd? I wonder if they are SKILLed? Thanks.



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  • alisa
    02-07 07:45 AM
    And not just because I am from EB-3 ROW.

    But, because everything that I have learnt seems to indicate that EB-3 ROW is getting a lot of visa numbers. So why the hell would it be stuck??



    I wonder why EB 3 ROW is stuck at Aug 02. I guess it should move faster.





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  • chanduv23
    04-28 01:46 PM
    UN,
    Have there been any updates on this case that you are at liberty to share?

    Thanks in advance.

    Ok, lets not confuse this case with Ability to pay and get worried about that stuff. I spoke to another person who contacted me and is having the same issue. His 140 was revoked 2 years back and at that time he got a NOID and responded in a timely manner and he was fine. Now he has a denial on 485 stating that his 140 was revoked 2 years back.

    This person is neither desi nor did he worked for desi consulting company or had ability to pay issues and has applied for MTR and waiting.

    All that float on internet is "indivisdual prespectives" and "interpretations". So do not think too much about it.

    AC21 guidelines are clear - you can refer to them on DHS website, Ombudsman's page, USCIS website etc....

    From what I have been seeing and as I did a lot of research and continue to do, 140 revocation and 485 denial does have a pattern and this seems to be a procedural or a serious training issue.

    Thats why IV core suggests that we have to collectively gettogether and fix this issue and any other issue.



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  • bc_rp
    12-11 02:08 PM
    The reason for your delay is because of a new rule instituted by the consulates. Here is a extract from MURTHY.com on that topic.

    PIMS Verification Required for Certain Nonimmigrant Visas
    Posted Dec 07, 2007
    �MurthyDotCom
    The U.S. Department of State (DOS) issued a directive in November 2007 to the U.S. consular posts that the correct procedure for visa issuance in nonimmigrant categories H, L, O, P, and Q will now require consulting an electronic record. The purpose of the Petition Information Management Service, known as PIMS, is to verify that the employer's underlying petition has been approved by the U.S. Citizenship and Immigration Services (USCIS). Even if a beneficiary takes an original I-797 approval notice to the interview, previously sufficient basis for visa issuance, s/he now will have to wait until the information is confirmed through PIMS.
    �MurthyDotCom
    Not Fully in Place, but Verification May Be Effective Immediately
    �MurthyDotCom
    While nonimmigrant visa appointments can be scheduled on the basis of approved I-129 petitions and I-797 approval notices, per the DOS instructions now in place, no visas may be issued without verification through the PIMS system. Because no further guidance from the DOS has been issued as of this writing, some consular posts are taking the position that the new directive is effective immediately.
    �MurthyDotCom
    48 Hours for New Approvals to be Available in PIMS
    �MurthyDotCom
    Seeking clarification on the new electronic record visa issuance procedure, the American Immigration Lawyers Association (AILA) contacted DOS officials who indicated that, as of November 29, 2007, the data on approvals had not been electronically transferred. Where consular notification is requested, however, information on new approvals should be available in PIMS within 48 hours.
    �MurthyDotCom
    Domestic Clearinghouse Option for Verification
    �MurthyDotCom
    DOS has stated that, in the event that an overseas consular post cannot obtain verification of an approved petition through PIMS, it may submit a request through a domestic clearinghouse that can confirm with USCIS that a petition has been approved. The DOS, however, has failed to indicate the processing time for such a request or the number of cases it anticipates may not currently appear in PIMS.
    �MurthyDotCom
    Conclusion
    �MurthyDotCom
    How quickly or efficiently the new verification process through PIMS will work remains to be seen. Visa applicants who may be affected by this new process are encouraged to plan well in advance of their visa appointments so that they are prepared if the visa issuance takes longer than expected. We will continue to share updated information with MurthyDotCom and MurthyBulletin readers on developments regarding this new system.





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  • glus
    07-10 01:46 PM
    I guess USCIS is getting pretty smart. To be a plaintiff in the lawsuit, your application has to get rejected. By holding your application, it is probably preventing you to be a plaintiff. Smart F***ing A**es

    It does NOT need to be rejected. It can be rejected, or, there is a reasonable expectation it will get rejected. This is established by USCIS press release that they will reject all applications. Thus, the applications can sit there and the lawsuit will move forward.



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  • anandrajesh
    02-13 01:55 PM
    Same thing applies to US congress. They dont set their timetable of bills based on morality and merits. There are other factors.

    Like it or not i am becoming a big fan of your posts. There is more logic to your life than ppl who question you and ur Core Team's Selfless efforts.

    Lot of ppl do overlook that this is a grassroots organization with severe limitations. Those who sling mud at these ppl, If you cant appreciate what the core does, pls dont curse them. It is not for your or our Good.

    My only worry is that these CORE members get discouraged with numerous flaming posts and drop out of this noble cause.
    If that happens there will be nobody to work for us. :(





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  • chanukya
    02-05 05:00 PM
    Carlau,

    Are you suggesting IV/logiclife promised to make H4 also be able to work 6 months ago, and now they back tracked.

    And that was the reason you joined IV


    I am very dissapointed but very glad you finally said it, wish you did 6 months ago.



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  • nixstor
    07-26 06:02 PM
    Brij,

    Are H4's eligible for HOPE scholarship? Please provide more details

    Thanks





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  • paskal
    05-23 03:42 PM
    looks like ur sunny side is up and its still raw!..;-) (2 posts)

    my point is: citizens matter..not voteless aliens..
    we cannot have the same game plan as numbersusa...

    all i am saying is..maybe we need a newer and innovative approach to get our voices heard.. One speaking head ..not a herd!

    we do the "one speak" too.
    but herd speak counts.
    this is not my "opinion". this is the direct information we have been passed along by lawmaker offices themselves. and you are wrong. whether you vote or not, if you call an office they do listen. if you visit it they listen more. try it and see, i speak from many personal experiences.

    if "non voters" voices were so usless, we would not be even this far along by now. when a lot of people voice and opinion- IT DOES GET HEARD.

    please do the needful.
    we do adopt other strategies too. each one has its own utility. it's own goal and it's own time. right now we need the calls.



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  • m306m
    06-11 01:24 PM
    How far can someone go in time and sue somebody for an accident. 18 months seems to long to discover what they claim.....

    Usually upto 2 years is allowed.





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  • abandookwala63
    05-01 10:09 PM
    No LUDs on my and my wife's 485 yet. We filed in July 2007 and processing center is at TSC

    I got a soft LUD on my I 129 on 4/26/09. Last LUD was on my renewal in 2007. What does it mean ?



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  • snddlth
    10-28 09:48 PM
    @ caliguy

    Could you please send me the letter that you sent to Sec. Napolitano? Also, what is the email address of ombudsman?





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  • illusions
    07-15 10:36 AM
    done





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  • never_giveup
    09-17 12:09 PM
    If you have issues watching it, try the below

    Tools > Preferences > Connection > Network Transports
    Check Manually Configure connection settings

    Click on RTSP Settings, uncheck everything except "Attempt to use HTTP"

    Do the similar for PNA Settings.





    gg_ny
    02-13 04:38 PM
    Thanks for your sarcasm, anands26 and the likes: see you again when fruits of IV's efforts are more visible.

    While denial is beautiful, stupidity is frustating, isn't it?

    I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.

    So I apologize for my comments.

    Here is something you will love:
    Congratulations IV and the core team! Keep up the good work.





    HopeSprings
    07-17 12:47 AM
    some sort of recapture is better than none !!! we should try to have some relief for EB but let us not stand in the way of FB ..the reason is simple, unused FB visas overflow in to EB (if I am not mistaken) ...In fact that is one of the reason that EB2 India did not move much this year since they are more efficient with FB visa this year (see the pace at which it is moving this year as opposed to last year) so better to wait and watch.
    (my post is in response to h1tech's post on the first page)

    Recapturing unused EB visas and allocating them to FB is absolutely not a good idea for EB category people. If such a thing happens then there will be no unused visa to be recaptured for EB.



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