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  • gc28262
    06-27 09:53 PM
    Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.

    EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.

    IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.

    Two different things.

    However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.


    _________________________
    Not a legal advice
    US citizen of Indian origin

    desi3933,

    Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).


    "(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --

    The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.

    Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC hoder.




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  • Openarms
    03-10 05:20 PM
    Did you check 'About Us' menu at the top?
    .

    I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.




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  • GCStatus
    09-13 10:25 PM
    Could you provide details on your POA (Plan Of Action) .. how are you going to go about facing them, confronting them, demanding justice? I'd be happy to pitch in.

    Like i said, we ask them to do either one of 2 options. If they dont, we file a lawsuit ( obviously its understood the ground work is done )




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  • iam4u4ever
    09-29 04:31 PM
    By Self employment, do you mean working on 1099 or by starting a business and working for it?

    By self employment I mean Starting a business of my own and working for it. ?

    Also what if ( a big if ) somebody has an already existing profit making business and wants to work for it ?

    thanks



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  • newuser
    07-20 12:18 PM
    I feel sorry for EB3 folks even though I'm under EB2. But I get upset when some of the EB2 folks don't even know the reason why they started getting green cards recently all of a sudden ( b'coz of roll over). They don't educate themselves and talk as if they deserve the green cards. If was a collective effort from IV and fellow immigrants that pressurised USCIS to follow the rules and reduce the backlogs.




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  • gc28262
    09-09 10:15 PM
    Please see the following post

    http://immigrationvoice.org/forum/869770-post54.html

    The 245(i) cases which were filed mostly before April 31, 2001 will more or less seriously affect the pace of the visa number progression. But look at the estimate of 245(i) which is pending at the DOL. The number is staggering. There are estimated to be approximately 345,000 245(i) applications with the DOL. Without doubt, some of these applications will be denied, withdrawn or abandoned, but the prediction indicates that as many as 250,000-275,000 direct beneficiaries plus additional derivative beneficiaries of their family members (average 2.5) will move into I-140 and I-485 streams in the future.



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  • Devils_Advocate
    03-07 02:05 PM
    Hey UN, with your experience, are you seeing a pattern of denials, etc happening to non bodyshopper, non consultants as well? as in, is this whole DOL/USCIS crack down across the board or is it mostly restricted to desi consultants/bodyshopers?




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  • eastindia
    09-27 12:50 PM
    I think your idea is good. But this could be very difficult to implement, at least for USCIS.

    Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.

    Have you contacted anyone about your ideas? Allowing everyone to port from EB3 to EB2 will solve a lot of problems that America faces today. Except Global warming of course.:D



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  • shouldIwait
    11-19 12:46 PM
    Done. Forwarded to friends too.




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  • RSM1444
    02-10 07:06 PM
    Double Post Deleted



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  • karthkc
    04-20 10:24 PM
    hi guyz,

    Here u go. The company name is 3i Infotech Inc. based in NJ.

    Googling the company name brings up some interesting information. The company seems to be well-established and looks like it has some ties to the federal government in terms of clientele..

    I would assess the situation carefully and come up with a strategy before you take further steps...




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  • lkrastogi
    07-07 10:12 PM
    I think we should have a poll for DC rally and it should be on IV home page so that every visitor know about it and poll.



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  • english_august
    07-09 04:54 PM
    There is a 99% chance of a TV crew covering this event. I just spoke with them and they are just working out the logistics. They will reach the USCIS office at around 12 PM and said that it would be great if some of us are available around that time to talk to them.

    Any D.C. area people interested in going there, please send me a private message with your name and phone number so that we can talk and work out the logistics.




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  • jsb
    09-14 01:18 PM
    I am not sure what SOL stands for.
    But I can assure you that EB-3 ROW has very little hope. My estimate was that EB3-ROW's wait times were around 5-6 years.
    But now, I have a feeling, that its going to be more like 10+ years. And 10+ years is a long time. Some sort of reform will happen in the next five or six years, and even that reform is not likely to get us greencards, since it may emphasize the family-based applicants.

    Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.



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  • Ram_C
    11-21 12:02 PM
    Dear Mehul,
    I have no words to express my feelings after reading your post.
    My heart goes out to you and your family, may God give you and your family the courage and strength to overcome this situation.
    Do not lose your hope, Miracles do happen.

    God bless you and your family.

    -Ram.




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  • glus
    07-02 09:43 AM
    Fed-Ex sent today july 2nd.:)

    Note: Iam not sure if anyone should have posted on jun 30 to be delivered on july 2nd. But again, i don't know.:mad:


    REceived date is important, not the mailed date. So if one sent on jun 30 that's ok.



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  • ram_nara303
    11-17 03:44 PM
    Done for VA

    Senator Mark R. Warner (D-VA)
    Senator Jim Webb (D-VA)
    Representative Frank R. Wolf (R-VA 10th)




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  • googlegc
    08-26 12:44 AM
    Consulting Company, but does it make a difference? FYI, We attached my client's letter with the application.

    Is it for direct employee or consulting company?




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  • Lisap
    09-03 01:28 PM
    It is possible that check depositing staff also has there own back log. Once, application and checks are accepted, EAD can be issued, but check depositing staff may be slow in their work.

    I hope that is the case. I just checked my account and still the checks have not been cashed..... I will keep you posted if there is any change




    Saralayar
    08-28 03:13 PM
    Filed I485/EAD/AP on July 30th @ NSC.
    Check cashed :NO
    Receipts : NO

    can we add two polls within the date subcategories - one which tracks how many people received receipts, and another to check if they are NSC or TSC?

    Or are there other polls like this already for July 17 - Aug 17th I 485 Filers?

    There is no option to create another poll in the thread.




    amitjoey
    07-09 06:00 PM
    I just sent a message to all my friends, use all your resources. email, orkut, and all. Message: Did you send flowers to USCIS?



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  • srkamath
    08-10 01:10 PM
    My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
    Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?

    mita ! Relax.....:)
    Even a credit card bill takes about a week to reach you ! You will definitely get his card next week, i'm sure you and child will also get approvals soon. At least there is movement on your family's case.

    Thanks for promptly reporting your approvals and for the updates.




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  • gc_aspirant_prasad
    07-09 08:57 AM
    Guys, is there a nice write up that a staff reporter could use directly ? I am on the phone with local reporter here & she needs something 100 words or so quickly. Pls help.




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  • pvpb
    10-04 02:15 PM
    Applied on August 3rd....nothgin yet...as days go by i am getting paniky...i freinds applied aroung aug 14th...she got her RN's

    donno how many sleepless night have to spent still




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  • Janisaris
    09-07 03:53 PM
    Guys,

    Since I have not received my receipts or my checks are not cleared, I am hoping that my case got transfered to TSC or CSC. Nebraska is now producing receipts for applications filed on the first week of August. I see this big void from July 3rd to July 20th that people did not get their receipts. How many of you got receipts in this time frame from NSC?



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  • snhn
    08-26 04:24 PM
    I read this as moste h1 extensions are being denied, and think to myself, why are we so sruprised. The body shoppers abuse the system for such a long time, they had it coming to them. But so what, people who are being affected by this are the poor consultants themselves, who put all their trust in these body shoppers and in some cases paid high amounts to come to US. BOdy shoppers are not being affected by this in anyways. They should be fined if the US rejects an H1 for illegal hire. I just hope that consultants are given enough time to apply at other places.

    I was also denied h1 extension some 3 years ago. Mine was because of criminal record. i appelaed and denial was approved and USCSI admitted to the the fact that they made a mistake. I was lucky and I knew what the law stated about my criminal record. You can search the forum and will find out what I am talking about. so to all who have been rejected, please research the if the denial is wrong then please file appeal. In most cases, the appeal will be reviewd the driector of the district. So please dont give up.




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  • franklin
    07-10 01:15 AM
    Nor Cal conference call pm me for details if you don't already have them. Details will be posted on the Nor Cal forum (see signature for details)

    Tuesday 7/10/07. 7.30 pm



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  • royus77
    07-06 06:45 PM
    Can we have similar protest in DC coinciding with the west coast one ?Any takers ???? This should be done may be next sat/sun before the issues goes back into the hoistory




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  • makemygc
    08-01 04:57 PM
    USCIS are doing internal transfer from more than a year(140 & 485). They are processing 140 and 485 at both the centers and requesting the application at NE only. It seems now you noticed.

    well they have started allowing for direct filing to each of these centers from July 30th. It's going to be another pre-PERM situation when place like nevada used to process labor in 3 months whereas NY was taking 2 years.



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  • CADude
    08-01 05:21 PM
    I agree!!!

    But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.




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  • looneytunezez
    11-17 05:36 PM
    Sent email to senators and congressman for both me and my wife.



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  • Macaca
    07-09 12:21 PM
    We need to define immediately available.

    Now lets see how the above LAW (including immediately available) was followed in the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when .27 = 140K = 37,800 GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.
    10K+ GCs were returned in 2006 but soma (??) categories were not available.




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  • optimist578
    03-08 02:37 PM
    There are lot of people whodo investments,have kids and buy houses and everything else when they are on H1.
    I don't see any reason to hold off things on H1. If your wife did master's why don't get her on H1, there are so many job openings available in market.
    Instead of crying, take some action

    She has been trying for the past 5 years... She is not in IT. She would get past all the interview processes etc but when it comes to finalizing the papers with HR etc comes the final blow. "No visa sponsorships, Sorry !! "
    Seeing all her friends climb up the ladders.. doing well in different areas and you being left helpless is difficult to digest. She has been volunteering, working with different Societies, charity organizations. But keeping yourself busy is not just what she wants to do.
    ------------------------------------------------------
    My efforts:-
    A $50 monthly contributing member,
    Trying to meet a congressman now
    Convincing friends to join efforts.
    But haven't seen "anything" positive yet.



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  • abhisam
    07-15 01:05 AM
    I applied for my EAD and AP renewal on the second week of May 2008. Again, I am not sure if EAD or AP renewal triggered the FP notice. Good luck to you.

    thank you mhtanim. i would appreciate it if you could let me know when you recieve your ead..would like to track how long it takes. i am worried that i would not recieve by renewal before my current ead expires.




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  • iam4u4ever
    08-04 06:48 PM
    Per my lawyer,

    1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
    2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
    3. Self employment is ok as long as the requirements are met and that is what is I am doing now.


    hi, what are the requirements of self employment ?

    thanks



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  • bomber
    07-20 12:22 PM
    There are still many out there who are happily enjoying the fruits of Aman's and other core members' hard work without even knowing what they did for us. For them it's just something that happened on its own. I joined in June and became a contributing member when I came to know the efforts being put in by core. I know for some people shelling out $100 is a big deal, particularly AFTER the victory in this first fight, but guys, think if you were made to wait for 3-4 more years before you were allowed to apply. Your spouses can work now and make more money for your household.
    I pledge another $200 for IV once my wife starts working - This is apart from regular contributions that I will make.




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  • dtekkedil
    07-03 04:22 PM
    Hi Everybody

    I'm almost at checkout for sending flowers. Interestingly I noticed that there are other forums where people are discussing the immigration issues and also where people are effected.

    Lets make it a massive campaign. We can have a link on the immigration voice home page with exact details on the address and date (final) and impress on people that it shall work.

    I noticed that many Chinese use other forums in Chinese language. In fact I requested one of friends to post these details in their forum as well. May be each one of us can forward the details to others by E-mail or other wise. Try to make 10th July as big day for USCIS leaving all document packages aside but busy handling the roses.

    Media would definitely be happy discussing the approach for days and in way discuss the issue as well.
    Flowers do bring smile and a little bit of introspection to every one.

    Lets do it big way.

    Thanks

    Lets do it! July 10th is the delivery date.

    Some florists (FTD for example) do not deliver on Mondays (I guess they.. like Garfield.. HATE Mondays!).

    We need the IV Core people to put links up on the main page... None of them seem to be awake right now!

    For now... just spread the word... order your flowers.. and watch as USCIS's office turns into a beautiful garden on July 10th



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  • pani_6
    03-26 04:49 PM
    There will be forward movement in June or July ..not sure how eb3 india would move..may be 03 and revert back..




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  • xyzgc
    09-25 10:50 PM
    I am enraged.

    We Indians deserve to be waiting forever without Greencard.

    This is why EB3 Indiots will be waiting forever for their greencard. We Indians come to USA and still behave like the pictures in these links. We throw sh** on the forum and criticize each other. As long as Indians fight with each no bill will ever come. Indiots are to be blamed for waiting forever. Do not blame Amercia. We brought dirt from India and still live in it on this forum. Its pathetic.

    So EB3 indians are idiots?:D




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  • english_august
    07-09 11:12 AM
    I found this in the one of the forums.. please people contact the report have people hear us.

    Story for the Washington Post

    --------------------------------------------------------------------------------

    Hi all,

    I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.

    Thanks!
    Xiyun

    email:yangx@washpost.com
    office phone: 202 334 6701

    I just spoke with her. Please call her with your story as well. The more the better.




    485Question
    09-28 01:51 PM
    Please update your signature with your details, and it will be easy.




    bluesky1
    10-11 02:36 PM
    Here's more information. I only got the receipt numbers. The package arrived at NSC on 7/3 and recieved by R. Williams at 9:03am. My I-140 was approved at TSC last year. I live in NSC area. Receipt numbers started with LIN, so the cases were not transferred to TSC. I hope this means that they're processing the box for 9:03 on 7/3.

    Congrats bluesky1!!!
    Can you tell us more about your application like RN on receipt? TSC or NSC?



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  • hiralal
    05-08 05:36 PM
    I guess country quota was an idea to make sure that nationals from one country don't become a voting bloc ..plain and simple ..and hence illegal immigration became such a hot topic since it seemed that mexicans would become a huge voting bloc ...




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  • ita
    02-09 02:07 PM
    Just sent $25 Transaction ID: 0MG61582KF344472C. Thank you




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  • cjagtap
    07-07 02:31 PM
    Great Job you guys! After all the Congressperson Zoe Lofgren is the Chairperson on the House Judiciary Subcommittee for Immigration, also happens to be from San Jose / Silicon Valley.




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  • us_employee
    02-09 11:19 PM
    Made $20.00 contribution just now through Paypal.
    Unique Transaction ID #7HY45972ES075991A



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  • reddog
    07-06 07:39 PM
    I still havent received the date when my app was sent(lawyer sent it)




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  • alex99
    04-30 03:10 PM
    That data include all EB categories and Even BEC cases.



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  • mmk123
    11-18 07:19 PM
    action item done by me and my wife.




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  • lazycis
    10-11 03:16 PM
    What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.

    The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.

    I did use AC21. The law says (see 8 USC 1154(j)):

    "A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."

    So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).

    Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.



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  • ganguteli
    03-07 01:02 PM
    I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.

    People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.

    A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.

    Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.

    Everyone should try to understand the reality that we are in.

    This is exactly what I was saying. People are getting overzealous and are losing their balance. By attracting too much attention when everyone in power is being anti-immigrant you people will hurt everyone. They will impose some more restrictions on us.

    We need to lay low for a while until economy improves and focus on keeping our jobs. That is the need of the hour rather than becoming a hero and trying to go against the wave.




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  • dionysus
    09-09 04:36 PM
    Got the magic email!! Yoo Hoo!!

    Congrats buddy. Can you give some more info about your case please? Like the PD etc.



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  • Rohan99
    10-02 04:30 PM
    I took a printout of the receiver's signature image and the tracking information from the Fedex website just in case.
    My attorney also mentioned that he submitted my case to the NSC liaison (I think he is referring to the AILA liaison of the NSC center) for follow up to see if they can help confirm the status of my application.
    I'll keep you posted on the progress.

    Thank you "Lutherpraveen" for info. I will react on this situation after OCT 10th (traveling right now). I will contact my lawyer and see what can be done. Keep posted on whatz happening..

    here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name

    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest

    If we hear nothing then we may have to take collective action. If any of you guys receive RN plz update as ASAP.




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  • trueguy
    07-27 11:29 PM
    Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.

    When EB3 was getting 100K visas in past, it wasn't EB3-I. It was all 265i applicants who took all those numbers and EB3-I was still getting only 3000 visas everyyear (except 2007 bcoz of Jul fiasco).

    Thats why EB3-I is retrogressed so heavily.



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  • blackberry
    11-17 03:17 PM
    Done.




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  • senthil1
    10-25 11:02 PM
    We cannot reject numbersusa and other organizartion's ideas. As our people are suffering in retrogession some of their people and their families are impacted because of job loss in past. So we cannot tell that they do not have crediblity. They have some valid points also though some of them are absurd. But we need to understand them and try to elimimate their fears also.


    QUOTE=purgan]when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??

    The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.

    btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.

    That poll....don't impress me much...[/QUOTE]



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  • bhobama
    05-10 11:46 AM
    I think it is ironic that we (from India) complain about quota on GC when we are the masters of quotas whether it be in education, workplace, politics etc. I myself was not affected by quotas in India, but I know several friends who were, simply because they were born in "upper caste" and therefore had to be denied opportunities as "revenge" for the injustice meted out by their ancestors several centuries ago, instead of being based on economics.

    I personally think GC quota has a rationale behind it. It allows for a reasonable share to go to smaller countries so that the US population maintains its diversity. Besides, near the end of the year, if the numbers are unused, they are rolled over to larger countries like India and China, thereby automatically eliminating the quota.




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  • swamy
    12-15 10:59 PM
    I dont have GC depression just irritation but when other things bother me I just run it out sometimes. Also, there's so much to be done so once you get busy full time and especially weekends so just try and keep yourself occupied and your mind away from the stuff that bothers you. Ofcourse 10 years is a long time and there's no justification for this but hopefully we can solve this mess thru iv so this ugly vb mess is confined to the dustbins of history forever.



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  • amitjoey
    07-11 07:08 PM
    I agree absolutely. Living right here near DC and being a victim of the present USCIS mess, I still did not know about this campaign until a family member from India mentioned about it after reading it in the local newspaper.
    I quickly signed up on this site and sent the flowers to be delivered yesterday.

    Welcome to IV, what a way to know about the flower-campaign.




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  • amitjoey
    05-23 07:14 PM
    Please also use Webfax to send your message
    http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46




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  • rk07
    09-26 01:44 PM
    Hi ,
    I have filed to NSC on August 2nd. Reached the cenetr on August 3rd. I see that many plp filed after me got RN's..anyone else in the same situation as me.

    Thanks
    Venkat

    Your case might have got transfered to CSC.

    Thanks,
    -rk.




    needhelp!
    02-18 05:26 PM
    I am sure everyone agrees that fixes are needed. I am sure everyone agrees that fixes won't come magically. But to stand up and work for it, Macaca once said "Something has to CLICK!".




    mahujam
    08-04 03:18 PM
    I am not current. I possibly cannot get GC at this time.