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  • logiclife
    09-25 12:07 PM
    Your rights as a participant of a bulletin board or online forum like Immigration Voice forums:



    The rights of bloggers (site admin, site owner or site moderators), their liability and section 230. Section 230 refers to Section 230 of Title 47 of the United States Code (47 USC � 230) (http://www4.law.cornell.edu/uscode/47/230.html). To learn the plain English language explanation of this section, go here: http://www.eff.org/bloggers/lg/faq-230.php (http://www.eff.org/bloggers/lg/faq-230.php)

    What this means is that whenever someone posts anything against anyone, Immigration Voice is immune from libel suits or defamation lawsuits, with couple of exceptions (discussed in item 2). Therefore, any anonymous poster saying bad things about their lawyers, employers, or anyone else DOES NOT HAVE TO BE DELETED. Other than couple of exceptional scenarios (see point # 2), we are not liable for content posted by users of message boards, forums, discussion boards etc. Section 230 protects Immigration Voice website administrator and moderator against libel suits or other lawsuits caused by participants who post messages against their lawyers, employers or anyone else. A recent example of such a case is illustrated in 22 page opinion of a federal judge in DiMeo V Max (http://www.law.com/jsp/article.jsp?id=1149152717145).

    Immigration Voice is not going to delete, edit or moderate the posts and threads posted by our members no matter how defamatory or criticizing they are. That�s because A) Immigration Voice is not liable for what our members do or not do per section 230 and B) Immigration Voice needs to give freedom to members to vent out against the incompetent immigration lawyers and/or dishonest employers because that is what makes us unique and different from censored forums and it is the ESSENCE of this bulletin board.


    The exceptions when Section 230 protections won�t work.Section 230 will not protect Immigration Voice if site moderators and administrators themselves post content that causes damages to others. We (site admin and moderators) will not edit or delete posts that say bad things about other orgs or persons - no matter how derogatory or defamatory they are against some lawyers, employers etc. We are not liable or responsible for them and legally it�s best and safest for moderators/site admins to leave those posts alone. Besides, that is one reason why people come to this site � freedom to vent out without any censorship, sometimes even against the Immigration Voice leadership and core group.

    The other scenario when the section 230 wont protects us is in case of intellectual property. So don�t post any patented information or technology details on this website. However the laws give us a lot of latitude when we post some news articles or other content created by other sources. More details of intellectual property are here on this link. http://www.eff.org/bloggers/lg/faq-ip.php (http://www.eff.org/bloggers/lg/faq-ip.php).



    Are we obligated to provide information to plaintiffs about our anonymous posters?First of all, most of the time, we ourselves don�t know the anonymous posters and who they are. The most we can do is provide IP address. Those IP addresses too are not easy to pin down in certain kinds of network environments. However, we will not give any information about our members to anyone unless and until we are subpoenaed for it. Subpoenas are either issued by law enforcement or by plaintiffs who file the lawsuit. Unless we are subpoenaed, we don�t have to give away any information like IP or email of any anonymous poster. Immigration Voice will never make the IP address or any information available to anyone unless it is ordered by court. Immigration Voice will use all possible legal avenues to protect the privacy and anonymity of its members and online discussion participants.


    What if someone with deep pockets sues Immigration Voice with the objective of shutting us down, even though they know they don�t have a case, but want to sue us just to drag us into expensive court battle and make us bankrupt?There is nothing that protects Immigration Voice (or any such website with discussion boards and forums) from frivolous lawsuits. Anyone can sue anyone else, whether he or she lose or win is a different matter. Section 230 protects immigration voice from libel lawsuits resulting from anonymous participants posting messages that cause damages to organizations or individuals. They are even more counterproductive for the plaintiff if that state has ANTI-SLAAP laws.

    SLAAP means �Strategic lawsuit against active participation�. If someone sues us just to make us bankrupt and shut us down without caring for outcome of the case, then it�s a SLAAP lawsuit. The objective is such lawsuit is not to win but to drag the other party into expensive court battle and make them bankrupt. Some states have laws against SLAAP lawsuits called ANTI-SLAAP laws. They are different in every state. What those laws do in general is make the plaintiff of SLAAP lawsuit pay the defendant for the cost of litigation and defense if they lose. So if someone from state that has ANTI-SLAAP laws sues us, then the money we spend on litigation would have to be paid by plaintiffs if they lose. Therefore there is good chance of finding a pro-bono lawyer because if they win, they get paid from the other party. What this means is that it�s difficult to drive someone to bankruptcy with frivolous lawsuits if the state has good ANTI-SLAAP laws. California is one example. Therefore the chances of us getting sued by someone in CA are lesser than other states.

    Should any party sue Immigration Voice for libel based on posted messages on online forums, Immigration Voice will fight back to the fullest extent and will not remove posts or threads against those organizations.


    What should one do if they have been badly hurt due to incompetence or malfeasance on the part of employer or lawyers?Immigration Voice will neither encourage nor discourage members to post messages against their employers or lawyers or any other party. Members and participants are free to post whatever they want to post. If you lawyer�s actions have hurt you and if you think it�s due to malpractice then you can file a complaint against that lawyer in a state bar. If your employer�s action has hurt you and if you think his actions are illegal, then you can file a complaint against your employer at the department of labor (for wages issues) or other departments for other issues.





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  • hemamani
    06-19 04:26 PM
    Hi.,

    My wife and kids went for visa interview last friday (13th June 2008). Visa officer collected their passport and told that you will recieve the passport by next week. NO colored notice/slips are issued that time. But, We didn't receive the passport so far. The passport was NOT sent to the VFS office either. When we called the consulate regarding this, they told that the passport is with Consulate only and I-797 verification is under process which will take 5-10 business days.

    My questions here is:
    1. Once the visa officer accepts the passport, what are all the process involved before despatching the stamped passport to the applicant?

    Note:
    Currently I am in US under visa extension and yet to get my passport stamped for this extension period. My wife went to stamping with my new extension approval notice I-797.

    Thanks





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  • ghost
    02-04 08:52 AM
    Yeah, H-1B is a dual-intent visa where you are allowed to apply for permanent residency besides temporarily working in US...so, unless there are any specific Malaysian Immigration restrictions, your US Consulate in KL should not be asking you for any proof of air ticket purchase.

    Having said that, this list of additional supporting documents that they might ask is not standard across various consulates. So, it is better for you to directly get a list of "additional supporting documents" that they have on radar either through the consulate or any of your Malaysian friends/network.

    Since it is a H-1B extension, at the bare minimum, you should carry the certified copy of I-129 by your immigration attorney, most recent employment verification letter signed by your supervisor, most recent pay statements, W2s and bank statements. This is in addition to your I-797 original, original educational degree certificates, a copy of your resume and the completed DS-156, DS-157 forms.

    Good Luck!





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  • rajenk
    01-17 01:40 PM
    Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.

    If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.

    Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.

    Good luck
    Raj:)



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  • ivar
    06-18 10:41 PM
    I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

    Any suggestions from the gurus?

    I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

    For people who filed motion or an appeal, could you please post your feedbacks/experiences?

    also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?

    I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.





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  • bsbawa10
    06-11 08:23 PM
    Sorry, for this dump question, but is Fp done very year until you get your gc ?



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  • snowshoe
    12-20 01:28 PM
    I enjoy both the shows very much and lately many other shows have started acknowledging their popularity (for example, CNBC's Kudlow takes pride whenever he is covered in their shows).

    Stephan Colbert has a pretty inter-active website: http://www.colbertnation.com/

    I think we need to be pretty careful in the way we approach him, because he seems to be highly opinionated and passionate about things he cares for and at the same time he will go lengths to screw someone/something that he does not like/believe in. So I think IV core/media relations team should do their due diligence before contacting him.


    If he agrees to cover our situation it will help us a lot. Great idea OP.





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  • Berkeleybee
    05-25 07:48 PM
    As a member of the IV content team (i.e. the team that spotted the problems and did all the delicious analysis so far) I will withold comment and speculation till the whole amended bill comes out.

    As your own analysis shows -- the different sections of the bill need to be analyzed together.

    Hold on to your horses.

    best,
    Berkeleybee



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  • dixie
    09-25 02:38 PM
    I see no harm in contacting him; but your excitement about Chandrasekharan seems curious to me. When people who have themselves immigrated from India (who now have GC/citizenship) are so indifferent about us, how can you expect a second generation indian journalist to "understand" our problems ? He does not seem to have done any articles on immigration; so there is no objective way for us to say whether he is really sympathetic to us or not.

    Remember that even anti-immigration organizations like numbersUSA have lots of members who are immigrants themselves or have immigrant parents.

    Any comments from Core Team regarding contacting Rajiv ? His parents are immigrants from India,so he will understand the sufferings of legal immigrants !

    I think it is better to contact him.

    Guys...Any comments ?





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  • sunny1000
    09-27 04:01 PM
    I believe, USCIS website was updated on Sep 21st 2009.

    My Priority date is Jun 2006 and applied in EB3 category.
    I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
    I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".

    I am in a situation to beleive it or not? to celebrate it or not.... :-( .....

    And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?

    If I get GC, how to add my wife to GC? is it possible? what is her status right now?

    Thanks in advance...

    Update your profile first. Your priority date is nowhere near the approval timeframe. If by chance, you do get it, you can file for a "follow to join" procedure.



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  • computer_gig21
    04-02 09:50 AM
    First apply for H4 asap. It is simple to file H4 extension. I also forgot to file extension for my wife. I realized after a month and applied. luckily her h4 was approved. my attorney told if we dont get the extension within 180 days she has to leave the country and get stamped. Any way talk to attorney. apply for extension and wait until another 3 months.if you dont get it then leave the country and come back.





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  • kamakya
    05-14 09:48 AM
    Urbana in Frederick county. The schools there are the best and lots of Indians and property tax is pretty low compared to other places.



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  • Bezzer
    09-07 08:39 AM
    oh...i need a footer... heheh :)





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  • ajay
    06-06 10:44 AM
    Which service center your case is in ?
    It is in NSC.



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  • Aah_GC
    10-24 07:53 PM
    Thanks to all of your replies. Much appreciated.

    I think you would have to fill out W7 to apply for ITIN. So, should I get my father to sign on the form right away?





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  • skv
    06-21 03:06 PM
    Yes pretty much looks OK but I wont be comfortable if this is format your parents will use. For close relative this format is fine.

    For parents I am not comfortable with the statement "and that________father�s name) is his/her father and _____________ (mother�s name) is his/her mother."

    So just dig a little and there were members who have posted the sample for parents and close relative.

    Go to this link for format http://immigrationvoice.org/forum/showthread.php?t=5036&page=7


    Affidavit does not have a unique format identified by INS, hence different attorneys may have different layouts.



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  • aditik
    07-20 08:49 PM
    I know I have read it on the USCIS website...I'll get it for you


    Hi

    This is what is mentioned on the I-765 form.

    http://www.uscis.gov/files/form/I-765.pdf

    Check page number 9. It speaks about Interim EAD, and this document expires on 08/31/08. If they have stopped issuing Interim EADs how come it says the opposite on this document. Just wondering:confused:





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  • payur
    03-11 08:11 PM
    Ok, here is the response from my lawyer:

    "You can give back both but make sure that you have a photocopy in your
    file. Actually, the 2 I-94 cards have the same number."





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  • mammoy2k
    01-14 05:11 PM
    Check out venture fund organizations in your area (such as sdvg.org). Also prominent universities such as Duke/Stanford/UPenn have Startup Challenges (google duke/stanford/wharton startup challenge).

    The first thing you need to do though is to figure out what you want to do and what you are good at. You need to define a field such as biotech, CAD, supply chain etc and network with the people in this segment (www.linkedin.com is one source). But you have to be very careful when you apprach these people. Dont sound impatient and understand that they are busy people. If you are from IIT/MIT dont flaunt it. No one cares.

    Coming to the second point, you may start a company but you need to be willing to give command to someone else, if needed. You may be a super techie but running a business requires different skills (soft skills and business skills). So move out of the CEO chair, if needed. It is here where I see greatest difficulty with Tech people. They get into love of the tech they developed and think that customers would line up for the better mouse trap they built. Unfortunately that rarely happens.

    Disclaimer: a former scientist who moved to business side.

    For a long time, I have had this urge to be self employed but personal reasons and the immigration system was a deterrent factor for me in turning this into a reality. Now that I have an EAD, I would like to reexplore this idea and wanted to know if there are any entrepreneurial organizations that I could become a member of that will help me network with like minded people. I have heard of TiE and am getting to know more about this organization. If any of you are members, feedback on how it has helped you will help a lot of people planning to join. Are there any other clubs/orgs that help people like me can bounce ideas off of and help bring together like minded people under the same roof?

    Thanks

    PS: I had plans of pursuing an MBA for the sole purpose of networking. Unfortunately, this is not something I can do at this point of time.





    baburob2
    03-17 12:58 PM
    kudos to all the members in the IV team. Within 3 months a massive effort as this should definetely reap rewards in the near future. My heartfelt thanks to everyone. Special thanks to the IV core team to pull this through.





    Green.Tech
    08-20 10:08 AM
    No. I changed to a different company with same position.

    It is more than likely a computer glitch but it's always worth it to check with the USCIS. A few years ago the status on one my approved old H-1B cases changed from Approved to Initial Review. It shows the same (Initial Review) status till date. It did not affect my current and/or future H-1B approvals.



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