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  • msp1976
    02-15 11:55 AM
    hey anyone know why since democrats have taken control of house, senate, they havent uttered a word on immigration? last year there was so much noise on tv regarding immigration but none at all this year. i wonder what is going on.


    Democratic Majority leader in senate has intruduced the bill S.9 and referred it to the Senate Judiciary commitee.... Immigration is a hot potato... Nobody want to pick it up directly...You are not gonna hear anyone speak about it loudly except the numbersUSA folks....That is the way it is...Wait a few weeks and the 'immigration bhangada(dance)' would start....





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  • Ramba
    07-17 11:42 AM
    The was no change in law and still there was a change in interpretation based on the current state of EB2, so this interpretation will change once some other category needs spill overs. The is no law which states spill over should be horizonal or vertical or diagonal :) It merely says that DOS can decide how the spill overs should flow.

    DOS (or any government agency for that matter) cannot interpert the law differently for each year. One law and one interpretation. It can't follow the different set of rules when implementing the law each year. Initally, INA was designed to follow vertical spill over (diversity was important than preference catagory). But, AC21 law ameneded the INA to force the DOS to implement horizontal spill over (preference catagory is important than diversity). However, DOS was still follwing verical spill over evenafter the AC21 act till 2006. If DOS followd the law correctly, EB2-I and Ch would have never been retrogressed since 2005. Lucky for DOS, no one has challanged the DOS. Now they realized the mistake and follow the law correctly. They follw this till if congress changes the law.





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  • northstar
    07-21 01:16 PM
    Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.

    That is so true chandu, a few bad apples are destroying the social fabric of entire desi community.





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  • watzgc
    07-29 06:45 PM
    Dear Samay,

    Thanks for your quick reply.
    One more question, Can I apply for H1B Transfer while my H1B Extension already pending with USCIS and my I-94 also expired. (I have only my EAD and AP valid)

    Thank you so very much.

    Regards,
    Watzgc


    You should have got a response from USCIS by now or by tomorrow latest. If not then they will have to refund your fee. Once you get approved, when you travel outside of US you will have to get your H-1 B visa -either in your home country or Mexico or Canada.


    Quote:
    Originally Posted by watzgc View Post
    Dear Sir,

    This is my situation

    1. Applied for H1B Extension on Jul-10-2007
    2. Got RFE on Mar-2008 and replied to RFE on Apr-2008
    RFE: 1. client contract 2. last 2 yrs my tax return
    3. After Reply to RFE no news from USCIS
    4. Applied for Premium processing on Jul-14-2008
    5. I485 Pending and having EAD/AP for my family and Jul-09-2008 applied for EAD Renewal

    My Questions:
    1. Since my H1B expired on Jul-14 What is my status? Can I work till I get my H1B approval?.



    2. How can I expedite the H1B Process ? (already upgraded to PP)
    3. If I get approval , do I need to go back to home country to get stamping?

    Thanks for your time and help.

    Regards,
    watgc
    You should have got a response from USCIS by now or by tomorrow latest. If not then they will have to refund your fee. Once you get approved, when you travel outside of US you will have to get your H-1 B visa -either in your home country or Mexico or Canada.
    __________________
    =============================================
    Immigration Attorney
    Licensed to practice US Immigration Law and practice concentrated on US Immigration Law & Nationality Law

    Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.



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  • JazzByTheBay
    07-11 08:19 PM
    Have heard good things about Maple Intl. We filed on our own without any agencies. It's not terribly complicated, and certainly not the nightmare that getting a US permanent residence is with its 3-step process of LCA, I-140 petition for immigrant worker and I-485 AOS (or CP).

    At times I wonder why they continue with this terribly complicated process in the U.S. - it clearly isn't working, but as long as it keeps the hordes of DoL and USCIS folks employed, I guess it serves its purpose.

    jazz

    Maple International is very good if you are in the west





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  • diptam
    02-13 09:05 AM
    Nothing to demean you Hopeful GC or any particular individual but this so called community that we are dealing with has none of the above characteristics to go for a CA Lawsuit... The coward and sleeping community wants everyone else to do or facilitate things for themselves. I had first hand experience during SEP 18th rally about the spines , guts , nerves and overall heart of this community when i approached educated ,well-informed ,highskilled peoples for attending the rally and what reply i got. Some of them even had the audacity to call up my family and tell bad things about me ( just because i requested them to wake up for a Rally for THEMSELVES )

    CA Lawsuit with Cowards , selfish , heartless - never ever possible...:mad: But i appreciate and support your idea on a Personal level and willing to put a money contribution if the lawyer finds a prospective ground of but we have to bite and swallow the hard reality , you know :(

    Clear up your mind for a little while and consider this:
    The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK. The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get ..........

    USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
    This is a valid ground for a class action lawsuit.

    By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE! We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.



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  • vamsi_poondla
    02-14 02:48 PM
    chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?

    This is not admin fix versus law suit. We should continue with admin campaign as we do not know the lawsuit outcome. Admin fix will give immediate relief for thousands of immigrants.





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  • unseenguy
    06-16 01:09 AM
    Outsourcing is bad for not only for US citizens but also for future H1bs and GC aspirants also.
    Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.

    Correct. So based on your post, skilled people need not worry about outsourcing. You can argue in favour of onshoring and that is a good argument. I support this kind of approach.



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  • reachinus
    07-30 04:04 PM
    Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.

    Thanks for your time in advance.



    I am not saying that the AP cannot be used again, but it cannot be used after the Validity on the AP which is 1 year from the Issue date and the date on the I-94 doesn't have any meaning.

    For example
    My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.

    But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?





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  • samay
    07-29 10:58 AM
    Hello Sir,
    I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.

    We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.

    Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.

    Your answer is highly appriciated.

    Thanks,
    hydubadi

    You will have to draft a letter and submit all documents which you submitted for making the change on the passport. If you want assistance you can get in touch with me. These documents will include your marriage certificate, copy of your passport etc.



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  • h1techSlave
    12-08 10:03 AM
    Pinto, I strongly support your idea.

    I guess many have given up and many are just trying to hang on to their jobs ..but don't give up ..just think about the peace of mind that a GC gives ..no more headaches from lawyers, USCIS, RFE's, employers, DL etc ..at the very least comment on this idea but before you dismiss it come up with a better idea (it is very stupid of people who just criticize but don't come up with alternative ideas).
    ----------------
    what if all immigrants and members were to call their local realtors - show interest in buying a house and once the realtor is interested ..tell her / him that you are postponing your home buying decision since the green card has got delayed ..and maybe ask him / her to tell the NAR (national realtor agency) to speak about speeding green cards to legal immigrants who are already here ??
    ...if people are motivated then maybe we can do media campaign too ..
    ------
    the above idea does not need any money / members can do it from the comfort of their homes ..please comment and either support this or come up with better idea ..Thanks in advance !!!
    (if the idea sounds good ..then all members can spread the word in their community - i.e. temples, churches, local potlucks, subdivision, apartment, AMWAY meetings etc etc ..at the very least IV membership will increase)





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  • thomachan72
    08-19 08:27 AM
    By the way Mccaid, next time someone from Indonesia experiences such an issue please also make a thread here and whine about it like we did. Atleast that will make us Indians realize that SRK BS is really BS!!! because we will have no idea about the person who you will be whining about and there will be a lot of indians who will shout at you saying "why is this thread even on IV???? who is this person that Mccaid is whining about???This thing happened to even the great SRK so why this whining???:D:D:D
    If this happened to our prime minister Manmohan singh, I belive he would have just laughed. He would not have said "I am MM singh". The bottom line is there are certain rules and regulations and everybody (including SRK) is subject to them. Next time SRK travels he should consider carrying all the CDs of his movies with him to prove his "greatness".



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  • pamposh
    12-14 03:27 PM
    So that interprets to "7% limit for every country" - seems to be "Equality"

    does not seem "Equality" at all, not to me.

    as most of us here, I think this is something we should explore. I think this is a complete discrimination and if US wants to limit/diversify within EB category as well (which I think is absurd to start with, because this is employment based, all that should count is your credentials/education... ) then it should be somehow proportionate to the country size/population as well.





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  • Legal
    07-03 10:37 PM
    I have drafted a letter:


    Dear Reporter/ Senator/ Congressman,

    I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).

    Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation to verifying no US citizen worker was available for a given job) had been filed.

    This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.

    We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.

    Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.

    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2)Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.

    We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.

    Yours Sincerely,



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  • srikondoji
    12-17 09:11 AM
    albertpinto,
    I didn't mean to discourage. I meant that a better approach and much wider approach is needed to link GC and home purchase. This should not be specific to just Employement based Greencards.
    There was already an interview on channel 46 (finance channel), where they talked about overhauling complete immigration system to suck the housing inventory. They threw ideas to invite almost anybody to come to united states provided they purchase a home in US.

    If we approach government alone, we may find little traction. We definitely need to partner with other groups who are also in the process of opening up Immigration system and approach this administration. Thses groups could be European or asian or any country specific groups.

    That being siad, sucking up housing inventory will not help the economy now at the current prices. The prices have to further come down to an extent that reflects Dollar strength, GDP prospects and countries massive debt levels. Otherwise, we will be putting in a floor to bubble that was created in housing sector.
    Thanks
    sri


    Sri,
    do you have any better ideas ? if yes, please share. if no, then honestly such posts are discouraging.
    we (immigrants) are not here to solve the world problems and as any sales / mktg person would say - the idea is to sell your case. That being said - 99.9 percent of the economists say that the economy will recover only after the housing backlog is cleared ..The policymakers realise this and hence they are showering incentives (almost 10, 000 dollars tax credit, reducing mortgage rates, HUD, LUD etc etc)
    all the above are expensive to tax payers ...the cheapest way (not that it will solve all the backlog issue - but it will help greatly ..btw Greenspan had said that even if 200 - 300K houses were to be taken off the inventory, then it would greatly help ) ..the cheapest way is to just clear the backlog of immigration ..and it is well documented that once people get permanent residence status in US (or any country), the first thing they do is buy houses.





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  • ns007
    04-28 10:29 PM
    Administrator,

    There is an another thread on the same topic. Please merge both threads.

    Sorry, I didn't see that thread before opening this.



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  • _TrueFacts
    09-04 01:39 PM
    You dont even talk about my village even in your dreams.. Our village is much happier than before 5 years.. Its all becuase of YSR did for our village.

    What did he do?





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  • pitha
    09-24 12:10 PM
    If USCIS and DOS were thinking logically what you said would have made sense but time and again they have proved that they act as if they are the masters of there own universe. Example South Korea had about 7000+ Eb2 visas but they are not considered retrogressed country (but that is a side matter, my point is they have there own weird logic and they dont care to disclose the logic behind there decisions.) For eb2 india forward movement to happen spillover of Visas from Eb1->eb2 row->eb2 India should happen every quarter. USCIS and DOS have given no indication what so ever that the spillover would happen every quarter, without spillover we have to wait till august\spetember 2010 for spillover. All you can do is just hope for the best. I am not sure why DOS would not disclose if spillover happens every quarter or not. With this data from USCIS they know the demand for the visas to do spillover every quarter.


    I believe that to maintain a steady 485 EB2-I queue the dates should advance fairly fast till maybe the end of 2007 much sooner than September. Following are the reasons, 6 months back probably there were less pre-adjudicated applications so the focus was reviewing and completing these cases, now most of the applications are pre-adjudicated and the route for steady approvals looks clear like what has happened in Sep 2009 for 2004 cases. There will be a time if the spillover happens as many have predicted then most of the cases will get approved and the pre-adjudicated applications will be less or even dry out, so in the letter and spirit I feel that the 485 pipeline should be equally populated at all steps, considering that the 485 approval process is long and has several steps. This year represents great hope for people who missed Jul 07; I guess its time for the next batch to get EAD/AP, I hope Iam not being over optimistic. Feedback and comments welcome for all.





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  • gc_lover
    06-27 03:43 PM
    I am sorry to say that all EB-3 and EB-2 dates have gone back to 2001. Please check DOS site.















    *******You want rumor.....I will give you rumor ************

    We want rumor not heartattack. ;)





    jthomas
    05-29 02:57 PM
    Folks, we all agree the news delivered is not good. One good way to work en mass is to send complaints in thousands to the Ombudsman. For more details google for CIS Ombudsman.

    Further, if any one is considering to get back home, keep in mind that if you don't contribute to SSA for 10 yrs, your and your employers' contributions are simply lost (with some exceptions for countries with which US has an agreement). To collect SSA at 65 for India/China citizens you need not to be a GC holder. You can collect living in your country. If you are close to 10 yrs, just reach that mark before you make any decisions.

    Do you have more info on how to collect SSA after completing 10 years of job in US. It would be helpful. please post the link.





    chanduv23
    08-17 03:21 PM
    This should not be a silly topic and won't be...I want to take this opportunity to bring the bigger issue here... things happen for a reason... we all need to understand that we have to make a positive out of this issue... Atleast all educated folks like us should be able to channel our wisdom to those folks who feels that they are above all... That kind of mentality should need to change in INDIA for people like SRK and politicians and lot of business tycoons.... I believe this incident is very good opportunity, one more time, once again for all those conscious folks who live here US and INDIA to make things better for life.

    "snathan" do not disappoint when people disagree with you... I 100% concur with your thought process...


    "chanduv23"

    I like the way that you put things in a perspective called your own prism. I do agree lot of things that you say but you seem lack of very basic fundamental human touch...

    World is a BEAUTIFUL PLACE... Mother EARTH is an awesome place to live... do not fall into a trap those who morons used and twisted great peoples words and made this place worse for political gains/reasons. Please do not twist/turn the great one and only Einstein words and his context is different.

    My point here is "Respect should be given by that acts that you do in life...should not be given just by demand"

    All I am saying is that "IN INDIA WE GOT SOOOOOOO MANY PROBLEMS TO SOLVE" why SRK cribbing about this incident... and innocent/ignorant and un educated folks going crazy over there.... instead he can do lot of better things in INDIA so that he can be recognized all over the world and given respect.


    EDUCATION, EDUCATION AND EDUCATION is the only solution for all the problems in the world.

    Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.

    While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"


    WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....

    To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following

    (1) People may get more demanding
    (2) They may fight among themselves
    (3) Some might steal from you
    (4) Some might get into unethical activities
    (5) Some might disrespect you and step over you
    (6) They may show more respect to those who did not care for them and curse you for some silly reason.

    You might find some good people who really do what you intend them to do.

    Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.

    Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.



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