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  • obviously
    08-05 08:59 AM
    Rolling Flood,

    Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA. So, it is likely that EB3 applicants might have started in one job, gained 5 or 6 years experience, a Masters degree and a few certifications etc., and then become attractive candidates for jobs that require a Masters degree ... hence being eligible for an EB2 filing. The folks reviewing EB applications didnt start yesterday and are not wet behind their ears. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF. There is no notion of 'imagined eligibility'. If that hypothesis were true, how do we know that you did not suffer from a case of 'imagined eligibility' yourself??!!

    Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. It is a classic case of riding the ladder of inference and using your own conclusions to make up supporting-evidence, to the contrary of reality and law.

    Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is the EB2 category itself, not the interfiling process. That latter is a provision of law. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'? How do we know that YOUR EB2 filing was not based on 'assumed eligibility'?

    There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.

    Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.

    I challenge you to disclose
    YOUR REAL NAME
    YOUR CASE NUMBER
    YOUR EMPLOYER'S NAME
    YOUR EB2 JOB DESCRIPTION
    so that the larger community can find out if there really is no eligible US person to take that job. Seriously. Want to play that game? I can give you a 100% guarantee, that you would rather fight a 'shadow cause' being the coward you are ... and wont hold yourself up to the kind of scrutiny that you wish to hold others to.





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  • xyzgc
    12-17 04:33 PM
    I'm going to give green to all the good folks on IV.





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  • mbawa2574
    05-28 08:21 AM
    I think Indian Governernment should report this to WTO. America is creating conditions that are discriminatory and not business friendly. India should start cutting wings of American Companies selling goods in India. IT is our product and in case US people have problems with IT professionals from outside, they don't have any right to sell the goods to my people.





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  • Amma
    01-06 06:10 PM
    What Israel is doing is pure state terrorism.Isreal is grid locking the gaza strip and punishing gazans because they elected Hamas. World policeman America will advocate democracy to the world but refuse to accept democratically elected Hamas. What a selective measurement ?

    Israel always sees that they are in upper hand. I strongly condemn the poking of Hamas by firing rockets into Israel.They teased the elephant and now they are suffering. This is a cycle. In this war neither party is going to win.Both fools will suffer because of their madness.But innocent people who got in between these two thugs will suffer the most. That is the fate.
    Take Srilanka. If the srilankan government gives reasonable autonomy to the Tamils , that isssue would have sorted out long time ago. See what is happening now ? Srilanka is air bombing its own citizens and killing in dozens.
    Which country is condemning this ? All are keeping quiet.Now, Tamil tigers will start their terror tactics then whole world will condemn their act.

    So, unless there is give and take policy it is a endless cycle of destruction and agony.Unfortunately, the sixth sense is not working in those conflict regions.And suffering of the common innocent citizens is continuing.



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  • gc4me
    08-05 10:42 AM
    Mrs. Rolling_Flood,
    Post you qualification here.
    You can see flood of post from EB3 folks who has superior qualification (education wise as well as experience) compare to you. Either you are out of your mind from rigorous GC fever or a one eyed person with poor imagination or simply you did not get a chance to work in a big environment like fortune 10 or may be fortune 100 companies. Or else you would know how/why/when a company files under EB3 despite the fact that the candidate has more than required qualification for EB2. Position requirement, layoffs, HR policies, Company’s Attorney Firm’s policy etc. comes to picture when a big organization files LC/GC for a candidate.

    I guess you are like me working with a small deshi consulting firm with 3 or 4 consultants (working C2C). They can make almost anyone eligible (on the paper) for EB2.

    Then ask me why I am not EB2? According to my company's attorney, I-140 will be rejected due to the stand of
    company's financials.

    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.





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  • munnu77
    08-07 04:37 PM
    Two little boys, ages 8 and 10, are extremely mischievous. They are always getting into trouble and their parents know all about it. If any mischief occurs in their town, the two boys are probably involved.

    The boys' mother heard that a preacher in town had been successful in disciplining children, so she asked if he would speak with her boys. The preacher agreed, but he asked to see them individually.

    So the mother sent the 8 year old first, in the
    morning, with the older boy to see the preacher in the afternoon.

    The preacher, a huge man with a booming voice, sat the younger boy down and asked him sternly, "Do you know where God is, son?"

    The boy's mouth dropped open, but he made no response, sitting there wide-eyed with his mouth hanging open.

    So the preacher repeated the question in an even sterner tone, "Where is God?!"

    Again, the boy made no attempt to answer. The preacher raised his voice even more and shook his finger in the boy's face and bellowed,

    "Where is God?!"

    The boy screamed and bolted from the room, ran directly home and dove into his closet, slamming the door behind him.

    When his older brother found him in the closet, he asked, "What happened?"

    The younger brother, gasping for breath, replied, "We are in BIG trouble this time.

    .........................

    ("I just LOVE reading next line again and again")

    ...............................

    ...............................

    .........................

    ..................

    ..............

    .....

    ..

    ..

    ..
    .
    GOD is missing, and they think we did it!!!!!!!!!!!!!!



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  • singhsa3
    08-05 04:42 PM
    Don't worry guys, this is just a time pass while people are waiting for Nebraska to issue some green cards..;)





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  • cbpds
    07-28 02:49 PM
    what did that dumb O bama do with 60 senators and 260 congress democrats in the house-------GHANTA.......he is the most useless guy on earth....

    Indians always seem to think Democrats will help them but they are like our Indian politicians only, all promises no action


    Come the November Elections, Dems could lose 10 in Senate..

    And we are back to square one.

    Dejavu 2007/2008 ;

    If this happens, no bill will pass, leave alone Immigration Reform.

    Republicans will keep sending bills and Obama will Veto 'em.



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  • senthil1
    04-06 11:46 PM
    Law cannot be done to put restrictions only for new H1bs. They will put restrictions for any H1b for new H1b and also transfers. But if it applies to H1b extensions also then everyone are in trouble. But bill tells that all the hires of H1b. That means H1b extensions are not new hires for a company. So it should not be applicable.

    I knew that something of this kind is going to happen after seeing the first day H1b rush.This is extreme exploitation of the system and Govt has to take some steps atleast to show people that it is trying to take some action. If they are not going to take some kind of measures to curb this, even after (if at all) they increase H1b visas next year .... the same thing might repeat.

    I am one of those waiting to win the H1b lottery. But please can anyone clarify this one point

    ---This applies to all the applications filed after the enactment of this bill.

    So how is it going to effect the current H1b consultants?

    Thanks

    Amul





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  • kuppas
    04-09 02:18 PM
    The requirement 2f is good and now the companies can not exploid the H-1B cap.

    The requirement 2g is good too. There are lot of consulting companies don't pay properly to the employee though they charge lot of money from the client. This requirement at-least restrict employer who makes lot of money and buying multiple house, playing in the stock market, drinking in the bar, doing research by sleeping.

    There are lot of consulting companies fake the resume and says that candidate has more than 5 years of experience but actually candidate has only few months of text book experience. How do you differentiate such people with actual experience?

    Personally, I hate the consulting companies who just aims to make money instead of running business genuinely.

    -Kuppa



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  • soni7007
    08-06 02:42 PM
    yes, ofcourse it makes a difference for lot of people, i was just stating my case.

    Yes, EB3 person (e.g-A) can acquire skills over a period of time and so does a person who went for higher education and is EB2 (e.g-B). They both should be equal, but what porting does is makes "A" ahead in line of "B" which i think is unfair.
    If there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position, which i think is fair.

    My situation is different because i haven't applied for labor, so i am not undermining my education. If i was to apply anytime, i would apply for EB1 or EB2.
    But as i said, i personally do not see any value in getting the GC a few years earlier or later.

    But for some getting a GC earlier makes a huge difference in their lives. Ask someone whose kid might just be a few months before he/she becomes 21 (A colleague in my team is in that situation). Ask someone who is dire need for extra money and wish to become permanent.

    I had told in an earlier post, it all depends on individual situation, some people cite an extreme case to put forth their point and some other counters that by citing an extreme case on the opposite end.


    So you mean to say that an EB3 cannot acquire superior skills over a period of time?.


    Seriously you should, otherwise you would undermine the value of your education. It runs counter to your argument that EB2 Masters has more value and deserves not to be clubbed with EB3 while you are willing to stick on to an EB3 PD. Something doesn�t sound right here�





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  • dba9ioracle
    08-06 03:58 PM
    THERE IS THIS GOOD OLD BARBER IN SOME CITY IN THE AMERICA....

    ONE DAY A FLORIST GOES TO HIM FOR A HAIRCUT. AFTER THE CUT, HE GOES TO PAY THE BARBER AND THE BARBER REPLIES: "I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU.I AM DOING COMMUNITY SERVICE." THE FLORIST IS HAPPY AND LEAVES THE SHOP.

    THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN ROSES WAITING AT HIS DOOR.

    A POLICEMAN GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES:"I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE." THE COP IS HAPPY AND LEAVES THE SHOP.

    THE NEXT MORNING THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN DONUTS WAITING AT HIS DOOR.

    AN INDIAN SOFTWARE ENGINEER GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES: I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE. THE INDIAN SOFTWARE ENGINEER IS HAPPY AND LEAVES.

    ..Enjoy

    THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, GUESS WHAT HE
    FINDS
    THERE...

    CAN YOU GUESS?

    DO YOU KNOW THE ANSWER YET?

    COME ON, THINK LIKE A INDIAN....

    A DOZEN INDIANS WAITING FOR A HAIRCUT........!!!!!



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  • gcgreen
    08-06 02:22 PM
    Relief in the form of no caps or country quotas. Earlier priority dates is kind of arbitrary IMHO.

    This is a better proposition, asking for more relief to Masters or PHD guys makes more sense than asking USCIS to stop porting/interfiling and denying EB3 guys a chance to get faster GC after they have waited for many many years.





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  • Refugee_New
    01-06 04:08 PM
    Alright dude, you asked for it. Here it is .

    Mosque : http://www.youtube.com/watch?v=jwP_LusgPAw&feature=channel_page

    School : http://www.youtube.com/watch?v=zmXXUOs27lI&feature=channel_page

    If you think, that Hamas is not doing a terrorist attack and endangering innocent civilians by their own actions, you are incredibly naive.

    I am interested in a peaceful solution and free state for Palestine, but this won't happen until Hamas is there. They used the agreed ceasefire to smuggle weapons through their tunnels and are now using them to bomb Israeli civilans.

    Israel's response is much more in magnitude, but can be justified. Imagine someone constantly lobbing bombs into Delhi neighborhoods every other day. How long would you sit and watch? At some point, you need to take action to remedy the problem and also send a message to the guys responsible not to try this again.

    Recently during Diwali celebration, one boy fired a rocket and it killed more than six people in Tamil Nadu. Offcourse this rocket was made in Sivakasi and it was an accident. It was a fire cracker. A simple fire cracker can make big accidents like this.

    But whole world is crying that Hamas fired 7000 rockets and killed innocent civilians and Isrealis are defending thier nation by killing thousands. What a crap man. You are condemning the killing of 4 Isrealis and not even bothered to feel about 600 innocent palestinians including school kids. What a hypocricy and what kind of human being you are?

    Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.

    Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.

    I neither support Hamas nor justify their action. My point is, one nation is freely killing civilians and school kids, bombard schools, infrastructer, bomb goverment and civilian buildings, destroy roads and bridges, hospitals and destroying everything including their livelyhood and this world is watching silently. So called leaders of peaceful nations are encouraging this massacre. This is what troubles me.

    Its so pathetic and funny to see the world asking Hamas to stop firing and at the same time encouraging other side to kill more and more.



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  • pmb76
    12-17 02:40 PM
    Guys and Gals,

    Everybody his entitled to his/her views and express them freely. That in itself among the many great things about this country. However at the same time this is an immigration forum. Please desist from making comments that diverge from the topic or create rifts in achieving our common goal - EB reform.
    When you're in this country you are not judged by the color of your skin, religion, faith or beliefs. You aren't judged by where you came from but where you're going. We are all in that pursuit of happiness.

    Remember you have several other newsgroups, message boards and blogs to express your views. Stop using IV for matters other than immigration - particularly the ones that are controversial and cause to create sense of discomfort among members.





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  • singhsa3
    08-05 04:42 PM
    Don't worry guys, this is just a time pass while people are waiting for Nebraska to issue some green cards..;)



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  • pns27
    07-14 02:22 AM
    Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

    I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

    To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.

    Hi kutra,

    Good post I can understand what you want to do here, you are diffusing the tensions between EB2 and EB3. I hope many more people write posts like you and I appreciate it. But factually what you said is not correct "The US immigration system wants EB1 first, then EB2 and then EB3".

    What I am posting here I sent the same in private messages to some other members and it helped to diffuse this bad arguments between EB3 and EB2 folks.. I am posting here because I thought with this I can give the right(my?) perspective on this and bring some �sanity� to these arguments.

    Here is my take on this EB1, EB2 and EB3.

    Out of the total 140K each EB group gets equal quota of 33.33%. So if each EB group gets equal quota of 33.33%, then what and where is the priority? EB1, EB2 and EB3 are just groups, it just means that US need these categories of jobs to be filled by immigrant workers.

    By definition always number applications filed in EB3>EB2>EB1 there is no argument there. And the waiting time also will be EB3>EB2>EB1. That is fair, there is no competition here across groups, each have a quota and its own queue, every one competes with in the group.

    If first, all(9K Ind)(140K Total) Visas are given to E1 and any leftover are given to EB2 and then any leftover from EB2 are given to EB3 then you can say the priority is EB1>EB2>EB3. The spillover that to from a particular preference has priority I understand. But at the least every group will get its 33.33% if those many category applications are present in that group.

    Yes, unused ROW EB1 go EB2 and then to EB3. Yes unused ROW EB2 and ROW EB3 and to EB3. That makes sense and it dos not contradict what I am saying. Now EB2 is special case that there are lots of EB2 India applications are pending so they get only the spillover from EB1.


    I agree with you on your statement below, and I feel the same way. Looks like if either Eb2 or EB3 is mentioned in a thread it turning into a bad arguments between EB2 and EB3 hope this ends soon.
    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.





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  • Refugee_New
    01-07 04:07 PM
    Dunno man.....them people are raising their kids to be terrorists....i am worried what they would do to innocent people when they grow up. Go search on YouTube or LiveLeak for Palestine Children and its disturbing what these school kids are learning to become. I don't know of any culture that raises their young ones to hate like that.


    You asked me and i tell you this. This news article was written by one of well known journalists around the world. His name is Robert Fisk. Just read this to get some understanding.

    Robert Fisk: Why do they hate the West so much, we will ask. This is not published in any Muslim media but one of the well known in Britain called "The Independent". You won't read such things in CNN or Fox or BBC.

    http://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-why-do-they-hate-the-west-so-much-we-will-ask-1230046.html

    Who Robert Fisk is: http://en.wikipedia.org/wiki/Robert_Fisk. He is one of the very few journalists who speak the truth.





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  • rvr_jcop
    03-26 08:37 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.

    Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?





    hate_me
    12-30 01:45 PM
    Are you joking????? When was Pakistan stable, that India could destablize it??? A country whose creation itself was based on greed and lies, has just given military coups one after another, because of greed, its politicians, army chief's never gave a chance for Pakistan to stabilize. Hate and terrorism is propagated in all madarasa's, for once just consider all the conflicts and issues between India and Pakistan are solved, do think Pakistan will be stable then, not at all because shite and sunni will start killing each other and destabilize Pakistan. So open your eyes and accept the truth, pakistan was never peaceful since its creation, pakistan is and will remain a problematic country, because its creation is based on greed and hatred. Funny though how pakistan percieves things, previuosly it was trying to call terrorism as freedom fight and now terrorists itself as non-state actors, oh yeah and the famous musharaf's so called democracy. Pakistan is en route to self destruction, sooner pakistani's understand it, the better.

    The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.

    Its quite a vicious circle.....





    zshakyaz
    03-25 11:43 PM
    ok..People its been more than 6 months since some adventure in my case :D

    OK..today morning I got a call from a lady voice saying she is from Immigration services..

    The call ended by the time I realized my senses..here is the short story

    Immig: We are verifying your details and need from information to process
    Me: sure.

    Immig: WHo do you work for
    Me: Blah Blah employer

    Immig : Where do you work and who is your client
    Me: Blah Blah

    Immig: When did you first came to US. Where is Port of entry..
    Me: blah blah

    Immig: Do you have all of your IT contracts details.
    Me: COntracts? Since they are property of my employer..I dont have.

    Immig: We need to see your contracts with the clients..
    Me: hmm...I can try but I dont know if I can get them

    Immig: Well...It will help process your application..How fast we can process depends on how fast you can get those..
    Me: OK..I will try..

    Immig: Give me your email..I will drop in email with all info..you can reply back with copy of contracts
    Me: Ok..blah..blah email

    Immig: I need All phone numbers and all supervisors of all clients you worked with in US
    Me: I gave all of the details..told her that I cannot vouch for the validity of phone numbers or emails, as I dont know if they work for the same company

    Immig: Ok..done..I will send email..
    Me: thank you


    I this power play, I forgot to tell her that I already went through interview in aug08 and officer found everything correct. :confused:
    Nevertheles..does anyone know what this is all about?
    Why would they need this kind of information..I am not worried as such since I was never on bench or anything and have all LCAs all blah blah details.

    Just curious :confused::confused:

    (:this is all true regarding Immigration Services calling then)
    Hey guys I also got a call from Immigration Services today on March 25 2009 .
    this is what happened
    First he started confiming he was talking to the right person
    And told My g-28 hasn't been properly signed and completed.
    Caller didn't ask me for my personal i nformation
    he confirmed my name, dob ,my last entry . address, wifes name address dob
    my parents name , my in laws name. He even told g28 it was signed by my HR manager.
    He had all the information, he didn't ask for any personal information.
    He asked if there was any other names used.
    He joked about me not smiling on the picture, he confirmed when the finger prints were completed
    After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.

    I am taking infopass tommorrow and confirming and if true I am going have it stamped

    I hope this is all true.