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  • senthil1
    11-08 01:28 PM
    Just because some people are not accepting others views they cannot tell their view is correct. This is a Forum and opposite views should also be tolerated. Then there is no need for Forum or Forum rules can tell that only certain messages are allowed. It is upto anyone to accept or deny others views.


    Democrats will hopefully move in the right direction.

    - Some uphappy soul is so frustrated after the result of the recent elections that it is posting trash on these forums. You know who it is ;) Take a deep breath buddy and let the reality sink in.

    - We are trying to teach you a lesson by not voting for you. lol :D yeah right.
    - These anti-immigrant proponents were predicting a status-quo in the house by defeating any pro-immigrant candidate.

    You can't win both ways. It just shows weak logic and confused head.:rolleyes:




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  • akv123
    07-17 09:14 PM
    Who are you to decide who is needed and who is not needed? Are you sure you do not access other sites for news on immigration; and, IV does not encourage people who come to it for news only?

    If answer is yes, please ban my access.




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  • nomad
    07-23 05:19 PM
    My case with PD of Aug 2002( EB3) was stuck at PBEC until May 23, 2007. PBEC had closed my case multiple times, and had to really fight to get it reopen and finally certified. I have sent emails to Sec. of Labor ( Elaine Chao) twice. Her office was helpful in opening my case. I got reply from her office within a month too. Also, I mailed senators too. Try to talk to senators from your states. I know and understand the pain of you guys, whose cases are stuck at BECs. Personally, I feel that you guys should mail Sec. of Labor, and let her have the attention of these cases. This is really injustice!




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  • gunabcd
    07-17 10:39 PM
    I'm still wishing (and i'll be honest) USCIS come up with a reason/regulation/rule that will delay EAD for everyone until BEC people are able to file 485 OR in Oct they retrogress only till March 2005

    This is not how you should have said, delay EAD for others just because people are struck at BEC. Comeon buddy show some wisdom, you should have said USCIS come out with a plan where as soon as BEC labor is cleared, they accept the applications for 485.
    The reason i said that: the manpower/funds that will be spent on the 1M+ EADs can be made available to BECs (if possible) and get the BEC job done quicker. EADs will be delayed only by a few months. Also don't forget the "OR..." part dude.



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  • kshitijnt
    04-17 02:40 PM
    Now a days any junior, if they ask me about GC process, I ask them what is the law firm of the company and find out how company handles GCs. Like, do they file at the last moment? do they get into a holding pattern and delay everything etc? One of the questions I directly ask people who seek my advice is , is the company's law firm fragomen? If they say yes, I ask them to talk to their manager and stay away from fragomen and change their jobs if its a slow process.




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  • DallasBlue
    09-07 06:09 PM
    I got your PM, did you get mine?

    Nope. I did not get your PM yet.



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  • chanduv23
    09-25 12:59 PM
    http://www.usdoj.gov/eoir/press/00/profcondfaks.htm


    "Professional Conduct for Immigration Practitioners -- Rules and Procedures"

    On June 27, 2000, the Department of Justice published a regulation in the Federal Register (at 65 FR 39513) concerning professional conduct for attorneys and other representatives (practitioners) who practice before the Board of Immigration Appeals (BIA), the Immigration Courts, and the Department of Homeland Security (DHS) (formerly known as the Immigration and Naturalization Service).

    The regulation, which was effective on July 27, 2000, explains procedures for filing and investigating complaints and for conducting disciplinary proceedings against practitioners who may be subject to sanctions. Its purpose is to protect the public, to preserve the integrity of all immigration proceedings and adjudications, and to maintain high professional standards among practitioners.

    This fact sheet outlines the major regulatory provisions and answers certain questions that may arise among prospective complainants and practitioners.

    GENERAL PROVISIONS

    This professional conduct regulation applies to every private immigration practitioner authorized to practice before the Executive Office for Immigration Review (EOIR) and DHS (including attorneys, accredited representatives, and law students, among others). This rule does not apply to Government attorneys, such as DHS trial counsel, because they are subject to separate regulations and disciplinary procedures.

    Agency Jurisdiction
    Each agency has jurisdiction over practitioners who appear before their respective tribunals. The Office of the General Counsel in EOIR will investigate and prosecute ethical complaints against practitioners involving alleged misconduct associated with practice before the Immigration Courts and the BIA. DHS will investigate complaints involving alleged misconduct associated with practice before DHS (e.g., asylum, adjustment of status, visa petitions, etc.).

    Disciplinary Process
    Any individual who believes that an immigration practitioner has engaged in criminal, unethical, or unprofessional conduct may file a complaint with the agency with jurisdiction (EOIR or DHS). The complaint must be in writing and include relevant names, dates, locations, and other details sufficient to clearly identify the offending conduct or behavior.

    Upon receipt of a complaint, or on its own initiative, the agency with jurisdiction will conduct a preliminary inquiry to determine the merits of the complaint, informing both the practitioner and the complainant of any action taken. The office will dismiss without further action any complaint that is found to have no merit. The office may close a preliminary inquiry if the complainant fails to cooperate or provide reasonable information or assistance. During the preliminary inquiry, the complaint remains confidential unless the practitioner waives the right to confidentiality.

    Hearing and Appeal
    If a complaint is found to have merit, the agency with jurisdiction will issue a Notice of Intent to Discipline (NID) to the practitioner. The practitioner must respond to the NID within 30 days and may request a hearing. A practitioner’s failure to respond to the allegations in the NID in a timely manner may be treated as an admission of misconduct and a forfeiture of the right to a hearing. The BIA will then issue a final order imposing the sanctions recommended in the NID.

    If a complaint about criminal conduct is found to have merit, it may also be referred to appropriate investigative or prosecutorial authorities within the Department of Justice or DHS. Complaints about unethical or unprofessional conduct may also be referred to appropriate local government or licensing authorities.

    When a practitioner requests a hearing, the Chief Immigration Judge will appoint an Immigration Judge as the adjudicating official who will conduct a hearing and render a decision in the case. The adjudicating official shall not be an Immigration Judge before whom the practitioner regularly appears or who has intervened as a complainant or witness in the matter. The disciplinary hearing generally is open to the public.

    Either party may appeal an adjudicating official’s decision to the BIA within 30 days. The BIA will conduct its appellate review of disciplinary decisions in the same way it reviews appeals of decisions in immigration proceedings. Final administrative orders in disciplinary cases are also subject to Federal judicial review.

    GROUNDS FOR IMPOSING SANCTIONS

    Disciplinary sanctions may follow if, among other things, a practitioner has been found to have engaged in conduct that constitutes a violation of one or more of the following grounds:

    Charging a grossly excessive fee;
    Engaging in bribery or coercion;
    Knowingly or with reckless disregard makes a false statement or willfully misleading, misinforming, threatening, or deceiving any person;
    Soliciting professional employment – a practitioner is prohibited from distributing solicitation material in or around the premises of any building in which an Immigration Court is located;
    Is or has been subject to a final order of disbarment or suspension, or has resigned with an admission of misconduct, by any State or Federal court;
    Knowingly or with reckless disregard makes a false or misleading communication about qualifications or services (e.g., practitioners must be recognized as certified specialists in immigration law in order to refer to themselves as such);
    Engaging in contumelious or obnoxious conduct;
    Has been convicted in any State or Federal court of a serious crime;
    Falsely certifying a copy of a document as being true and complete;
    Engaging in frivolous behavior;Engaging in conduct that constitutes ineffective assistance of counsel; and
    Repeatedly failing to appear for scheduled hearings in a timely manner without good cause.
    IMMEDIATE SUSPENSION
    Provisions in the regulation permit the BIA to immediately suspend a practitioner who has been subject to either disbarment, suspension, or resignation with an admission of misconduct, as imposed by a State or Federal court, or conviction for a serious crime (including any felony). Thereafter, a summary proceeding will be conducted to consider imposition of any final discipline.

    REINSTATEMENT

    A reinstatement procedure will permit a practitioner to regain authorization to practice once his or her period of suspension before EOIR has expired or, as provided in limited circumstances under the rule, when the period of suspension has not yet expired. Prior to any reinstatement, the practitioner will be required to request reinstatement with the BIA and to provide evidence of good standing in his or her licensing jurisdiction.

    FORMS

    There are four EOIR forms in connection with the regulation concerning Professional Conduct for Practitioners:

    EOIR-27 “Notice of Entry of Appearance before the BIA” – Practitioners must file the EOIR-27 to enter an appearance with the BIA. The form is used to:
    Determine whether or not a practitioner is authorized under the regulations to represent aliens before the BIA,
    Provide the represented alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
    Formally notify DHS and EOIR of such representation.
    In addition, the form provides information regarding appearances and representation before the BIA, including the manner in which a practitioner may properly withdraw from a proceeding.

    EOIR-28 “Notice of Entry of Appearance before the Immigration Court” – Practitioners must file the EOIR-28 to enter an appearance with the Immigration Courts. The form is used to:
    Determine whether or not a practitioner is authorized under the regulations to represent aliens before the Immigration Court,
    Provide the alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
    Formally notify DHS and EOIR of such representation.
    In addition, the form provides information regarding appearances and representation before the Immigration Courts, including how a practitioner may properly withdraw from a proceeding.

    Continued in next post




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  • gcformeornot
    04-26 03:12 PM
    rolling.....



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  • wandmaker
    02-29 01:27 AM
    Let us pull this thing together, Go IVans Go!




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  • pappu
    05-21 12:05 PM
    Hi Pappu
    Like me most of us would have got the reply from the Senetor or the congress man for the email that we sent. But all the replies are generic in nature and focus is on illegal immigration issue. The problems of "Legal immigrants" to my knowledge did not get their attention?. This is my observation.
    Regards
    GCANDGC

    That is correct. The responses at most times will be generic on the subject of Immigration. Sending them hundreds and thousands of emails will work as per our advocacy strategy.

    You may want to do a couple of things.

    1. Call up the lawmaker office now and thank them for responding to the email.
    Tell them your concerns. Follow the talking points from http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1391371-cir-national-phone-campaign-29th-april-2010-to-14th-may-2010-a.html

    2. Come to DC to take part in the advocacy day event. This is your opportunity to take your emails a step further and now talk to the staffers. Emails are good to create an awareness. Now it is time to step it up further and make an impact that will be thousand time greater via face to face meetings in DC with the lawmaker office. Meeting in DC has more impact than say meeting in your state local office of the lawmaker.

    Nevertheless keep sending emails daily so that it helps generate awareness in every lawmaker office and help us in the next steps of advocacy.



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  • meridiani.planum
    09-13 12:52 AM
    Obama is no panacea either. Why do you think someone with little experience is a liability to be second in command, but the same lack of experience is admirable quality for the first in command.

    Also, Obama has been changing his positions on issues to pander to the voters, I doubt he will be any different from Bush either. The only change you are going to see is in himself -- not the way things are done. He will probably pay more of the tax monies to people who gambled with their houses (and are still not being punished for it).

    Obama's lack of experience does not bother me as much as Palins because you have to see what people have done in whatever experience they have had. Obama did community service, has had a strong moral fiber in whatever he has said. Palin has already abused whatever little power she had. Being a senator Obama has atleast been exposed to world-wide issues. I bet Palin cant even locate Georgia on the map. Did you see her recent interview? In spite of it being carefully staged, see her stumble aimlessly when it comes to the question of the Bush Doctrine... The biggest foreign policy change this country made (decision to make pre-emptive attacks) and Palin does not have an opinion on it because she does not even know what it is. The interviewer had to tell her what teh Bush Doctrine is all about. Are'nt you scared of a person like that leading the US? Why does this country always pick screwed up vice presidents (Dick Cheney's approval ratings have been <30% for as long as I can recall)

    Either way, from an immigration point of view (focus of this forum) we are screwed (see my previous post for stances of both presidential candidates)




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  • bongopondit
    06-13 09:37 PM
    Remember that you have to be in the country to apply for I-485.

    IV Core Team

    Is this true for Consular Processing applications as well ? I thought CPs are filed at the local US consulate (Mumbai in our case). Additionally, I have a question about I-485 - CP filing and retrogression. Once we file the 485, does the CP get stuck in case there is retrogression in a few months time or is it that once we have applied the process keeps going ? Thanks in advance for the information.



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  • anu_t
    06-22 01:27 PM
    Does the new CIR Bill invalidate AC21...if yes then will it affect people who already have EAD before enactment of the bill.

    I read it too many times. But there is no truth about it.Right?Can anybody clear it please?




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  • lalithkx
    05-28 02:26 PM
    Hi guys,

    This is what my lawyer said.

    If you/spouse have used your EAD or are using your EAD then your "Current Immigration Status" is "Adjustment of Status Pending/Parolee". If not then it is either H1B or H4.

    If you/spouse have actually travlled outside the US and re-entered using the Advanced parole, then your "Manner of Last Entry" is "Parolee". If not then it is what it says on your I-94 (H1B or H4).

    You do **NOT** need the $80 Biometric fee for the Advanced Parole.


    Guys,

    do any body know what documents a minor need for reentry using AP?

    Do they need EAD or just I-485 receipt is enough. please reply ASAP.

    thanks



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  • krishna
    03-05 12:47 AM
    If you guys read the letter a bit carefully, it says they do not have information about the country of chargeability and they cannot share it with us. For $5K all we can get is a breakdown of how many apps are there in each category and then it will be a guessing game of how many are pending for applicants from India/China/ROW etc. Just something to keep in mind.




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  • Tito_ortiz
    12-01 01:31 PM
    I did not want to initiate that discussion because it may be a long one, but let me share my experience:

    My recommendation is that folks take an MBA only if you already have a firm position in mind that you want to go for an executive or upper management position in the future. That line of thought is specially applicable when you are paying the whole thing from your own pocket !!! Before working in a management position or taking the MBA, I did not know how much I liked the idea of becoming a CIO or CEO. I tought I knew it, but until you actually experiment it, as many things in life you don't know for sure. Well, after completing 50% of the program I realized that was not my short or mid-term goal to work as an executive reading accounting net income balance sheets or maketing professional, even if I had the GC handy.

    In my personal opinion, taking an MBA merely to enhance your project management when you are PAYING FROM YOUR OWN POCKET it may be a very bad strategy. If others are paying for you, of course that is fine, but it is not the case for many of us. I had only one or two courses related to project management anyway.

    If you just want to enhance your project management skills, you might want to invest in way more direct courses such as PMP, ITIL, Microsoft Operations Framework. You should be able to complete those with a fraction of the cost and time of an MBA and probably achieve more return and knowledge than what the MBA can offer you when it comes to project management.

    For those who are sure you want to read balance sheets, work with marketing analysis and go away from the hands-on experience, then MBA may be right for you.

    I don't want to discourage you, but there are documents out there showing that MBA's are overrated and the importance of it is under scrutiny. Since I already found offers from multiple employers who were willing to pay 100% (if you are a qualified professional like us, it is not difficult to find employers willing to pay for it once you can change jobs) personally I thought I could wait a little longer to get the MBA and invest in IT certifications now paying from my own pocket.

    Just my humble opinion.



    I dont mean to discourage folks here...

    But here is what I have seen more often with MBA. Techies like programmers, business analysts in IT sector have done their MBAs from good schools and ended up doing the same job EVEN WITH GREENCARDS.

    I have seen GC holders doing MBA and then after finishing MBA ending up with same job description with a 5% increase in pay.

    So please do your research in HOW MBA is going to help you in your situation. Your job and your INTENDED JOB POST MBA may not really need you to have an MBA. And I have seen this way too often. So think before you pluck down 30,000 dollars on a degree that might do little benefit financially after you complete it.



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  • Nil
    03-15 03:10 AM
    As mentioned by some others in the same thread: a lot of employers are also taking advantage of this situation.

    i was one of those who was forced to file EB3 despite qualifying very well for EB2. The pretext is job description, although same job description has personnel applied for in EB2.

    Quite a few of the EB3 crowd has had no choice, but to be herded in the slowest category to benefit the employer.

    How can we highlight this?




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  • venky08
    06-13 07:37 PM
    EXCELLENT NEWS!!!

    I want to thank IV core for their fervor and zeal to press our issues via lobbying and media outlets that has in my opinion significantly contributed to this development...hats off to you...




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  • Jaime
    09-06 06:49 PM
    Picture your freedom!

    You are contributing a lot to your job, but are underapppreciated and underpaid. You have a business plan, venture capital and the ability to immediately start a business that will employ several Americans. You resign from your unfair employer. You go and start your business, and you start seeing it grow. Your spouse gets a new job, your children are about to go to college at a great school with in-state tuition. How is all this possible? Because you have a green card!

    Are you going to give all of that up? Are you going to continue to be a minion at your company just because you are at the mercy of the unfair H1-B visa? Will you continue to put up with a situation that blocks the bigger contributions that you can make to this great country that you have already assimilated to? Will you let your children age out and not be eligible to remain at your side?

    WE CAN MAKE A CHANGE, BUT ONLY IF WE UNITE AND GO TO THE RALLY! WE NEED 30,000, there's a million of us. WE CAN DO THIS GUYS!!!!!!!!! LET'S HELP EACH OTHER AND FIGHT FOR AND ACHIEVE OUR FREEDOM!!!!! THIS IS OUR BEST SHOT EVER! LET'S NOT WASTE IT!!!!!!!!!!!!




    angelfire76
    02-15 02:32 AM
    You have a great plan, come to US on H1 and within 6 months get EAD and you are free from H1b crackdown by jumping to EAD. You think USCIS, Grasley, sanders, and anti eb folks are a bunch of idiots, they will send you and me packing with the same rfe they are hitting h1 folks with if everybody gets to pre file AOS and get EAD. that is why you need to strengthen ac21 by removing same\semilar job condition and other potential h1 like rfe's, otherwise you will drag us down along with you and turn ead into h1.



    How tough it is to get PERM approval nowadays with the economy being what it is. Previously we had some reasonable times, but now every application is being scrutinized closely. It's not as easy as 6 months after landing in the US to get PERM approval and be able to file for EAD.

    Your arguments have a flavor of "Let me in and shut the door". So please go away and start your own thread for reforming AC21.




    needhelp!
    02-08 03:39 PM
    Thanks! We can all do this.. do we care enough?

    Hi NeedHelp, I've reached 112 and think there could be more in the making.

    Yes let's use this weekend folks! :)



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