Saturday 10 December 2011

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Ramba
10-20 05:43 PM
McCain was in favor of two major immigration bills. I guess he has better chances to do something about immigration. On the other hand, Obama has never voted for any major immigration bill and who knows what he really will do. Also, people assume that Obama is close to senator Dick Durbin who tried to screw the legal immigrants many times. If Obama wins and Dick Durbin becomes a more influential senator, we probably will be screwed even big time.

Nobody knows who will win the election. What I find interesting is that many assume McCain will somehow help us to speed up our GC process. I don't know who will do what as the economy is in the toilet. I don't think either one will do anything about immigration for next 4 years as they have other things to take care of and legal immigration probably won't be a priority.

However, if no changes are made and things keep going the way it has been going for a while such as - dollar keeps falling, economy keeps going down, businesses keeps going bankrupt - you may not even have a job for too long. With no job, you can pretty much say "goodbye" to your GC right there.

So who really is better? Anyone?

That is because, McCain served in senate more than 2 decades and spend much time in Senate judiciary commitee, which overseas immigration. Obama served only two year in senate (very junior member) and spent time in foreign relation commitee. McCain immigration bill (CIR) mainly to give amnesty to illegal aliens and create guest worker program. That bill was aimed (in 2005/2006) nothing but to win Hispanic votes in his bid to white house in 2008. He had no big concern for skilled workers as well as border secuity. It was all political move by McCain. McCain claims as he was a experienced, working accross party line and strong leader. If that is true, why he was not successful in passing immigration bill in 2006? Atleast Obama has right judgement and vison. Remember that, Skilled worker immigration will always be at bottom preference in any immigration bill in future, as it was in past. As economy in toilet, as McCain needs the help of the "Joe the plumber" to fix the toilet, immigartion will not get any attention even if McCain become the president. FYI, There was no single question about immigration in all 4 debates.





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sledge_hammer
06-08 06:03 PM
Welcome to the club, China! :D





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vamseedhard
06-03 12:17 AM
I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..

1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?

2) Is it OK to go for VISA staming before 6-Jan-08?

3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?





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EndlessWait
07-25 10:50 AM
Yes, I have this feeling already. Now, what happens if someone switches jobs using AC-21 and then this RFE is received? You have to submit the NEW employment / offer letter right? So how does this help the current employer to stop you from switching jobs?

I think its arguable. The 6 months clock is defined by law. After that even if they issue an RFE on the old employer, assumption is ofcourse that your with a new employer, you can send the new employer's offer letter / AC21 invoked. so it shouldn't be an issue. USCIS can ask about the offer letter from the old employer as intial evidence, so have it available and send it later + new employment letter.



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thomachan72
11-11 09:18 AM
Surprisingly no experts have so far come and posted the problems associated with taking the legal option. I am sure it will happen anytime soon and then this thread will quiten down (just like the F### in the wind as somebody mentioned). As far as I can remember this idea has been raised and discussed and downplayed many times. Dont aks me what the reasons for downplaying were but very soon (if the thread gets bumped up frequently) some "elders" will post the reason why this action is not suitable and will not yeild any results. So hold tight for that post to come.......





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sri1309
10-15 07:31 PM
I wrote this once before and I will say it one last time. Pulling stunts such as the flower campaign is XYZ. May be not to the extent we feel it should, but USCIS does realize that there are issues with how it is handling cases. It is doing the best it can with the limited resources it is being provided. Please dont embarrass USCIS anymore. Would you keep calling a blind person, blind? Please stop this childish behavior. If anything lets start thinking about CIR and how we can influence changes to favor legal immigrants. We have the time now so start lobbying for changes.

Kindly note that you are dealing with a established government entity. Stop adopting hindi movie ideas when interacting with USCIS. If it were so easy why not arrange "naach-gana" for USCIS everyday. We can invite Malaika Sherawat for half the price we are paying to lobby. Skimpy clothes, raunchy songs, and alcohol may mesmerize the visa officer into stamping 100 K greencards everyday.

I bet there were a good number of closed door meetings, lobbying, and lets throw a bone to keep them quiet for sometime- discussions that translated into the July fiasco.

I believe we are educated and sane people, so lets start doing the right thing.

Enough said.

" USCIS does realize that there are issues with how it is handling cases.".
All our efforts are to tell USCIS that we also realize it and we are waiting it to act. You shouldnt say "Hindi movie...". We thought it will work as it was a peaceful way and it did work. And I am very sure it will work again and again. USCIS and others will realize that this is the way legal applicants behave, which is very good. Nothing wrong.. Looks like you had a bad day..



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Jaime
09-10 01:36 PM
Your spouse gets an H1-B him/herself for a higher-paying job than yours, but the job is in another city - Your spouse cannot get the job, because you are not allowed to move. The only option is to split the family up or reject the job offer and supplemental income.





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samirpatel08
03-10 01:44 PM
I agree with 'rexjamla'. My lawyer said same thing. I am working on my EAD, and I have not submit anything to USCIS.

According to my lawyer, AC 21 is a portability law which allow you to swith a job with same or similar work. Additionally, we need to have a valid job with the same job discription and pay(or higher pay) when our priority date become current.

In my case, my previous company's lawer is going to take care of my case for the future. If you are changing your lawyer then I think it would be ok to send AC 21 papers to make sure USCIS update lawyer's informtion. The new lawer information would help USCIS to contact your new lawer for the future.

If you are changing the job and if possible that your previous company's lawer going to work for your case....I think you do not need to worry about anything...At least... I have not filed anything...

There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.

Job title can be different but job duties must be similar.

Salary difference is ok but it should not be less than what is mentioned in labor certification.

In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).

Cheers!



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gc_on_demand
09-11 09:41 AM
Any one has idea ?





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Norristown
09-11 08:41 AM
I am a great admirer of IV, because it is the only organization really working for legal immigrants.
Yesterday we are all watching TV,internet for Senate voting on HR5882. Nothing happened.
We are depending on other websites , to know about bill markup. All threads are filling up with all kind of guessing and speculation.
Don't we have any channel (lobbyists) to know whether it is marked up or not?



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willigetagc
08-26 09:01 AM
Thanks willigetagc and sayantan76 for your reply.

According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?

willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?

H1B is probably the last option due to low probability of success and I would probably be out of status by that time.

Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.

Thanks a lot for all your help. greatly appreciate it.

You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.

About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.

It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.

BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.





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go_gc_way
12-26 12:22 AM
Give IV a New Year Gift:Post about IV in other Web sites (15 min of your time!!!)

Hi IV members!

We are all aware how every IV member is trying to increase IV membership.

We need all hands and help to make this a success, INCLUDING YOURS and we need it NOW. Following are two important threads to visit in this regard.

( IV campaign: $20/member marathon
http://immigrationvoice.org/forum/showthread.php?t=2630
IV campaign: Add A Member Campaign
http://immigrationvoice.org/forum/showthread.php?t=2566 )

I am starting a new thread to highlight another idea.

WHAT IS THE NEW IDEA? WHERE EVER POSSIBLE, EVERY MEMBER POST A FREE CLASSIFIED/DISCUSSION THREAD ON A WEB SITE THEY FREQUENT FOR THEIR LOCAL UPDATES IN THEIR LOCAL AREA/ OR ANY OTHER WEB SITE THEY FREQUENT OR KNOW OF AND IT IS POSSIBLE TO POST ABOUT IV.

WHY IS IT HARD FOR ONE PERSON TO DO IT? FIRST IT IS HARD TO GUESS, WHAT WEB SITES ARE BEST IN YOUR LOCAL AREA/CITY TO POST ABOUT IV. SECOND, WEBSITES MAY REQUIRE REGISTRATION BEFORE POSTING ANY THING ON THEIR WEB SITES. SO IF YOU TAKE TIME (Just 15 minutes!) AND POST ABOUT IV IN THE WEB SITES YOU KNOW OF, IT WILL GREATLY HELP INCREASE IV AWARENESS AND INCREASE IV MEMBERSHIP. AND ALL IT WILL NEED IS 15 MINUTES OF YOUR TIME.

I suggest the following.

1. Post about IV in a Web site that you frequent for local ads, local events, local classifieds ect/ OR any other web site that you think best to post about IV (need not be necessarily local web site, an internet group ect)

Every one of us knows a web site where in local classifieds, ads are given, POST ABOUT IV in those web sites. This is REALLY easy task given 15 minutes of your time.

2. I have pasted the content below that you can use to post the free classified or start a new discussion thread in a local web site that you know of.

3. When you have posted the classified or started a thread in your local web sites, POST the details here to keep this thread alive and others take notice and make similar efforts. (It will encourage others).

IV'ers, lets add ONE classified or discussion thread in a web site that you know of ... Your 15 minutes of time will take us a long way.

I understand IV members are from different countries and different states, and thus only you will be knowing what sites are best to post a classified/discussion thread.

Please feel free to write any other suggestions you may have regarding this idea.


SUGGESTED CONTENT TO POST IN OTHER WEB SITES
************************************************** ****

Waiting for your Green Card ? Read this .. Free Immigration Consultation!!! (no strings)

Have you been waiting patiently to get your green card through your employer? Do the following quotes somewhat echo what you are going through? “My labor certification has been pending at the DOL for over 3 years”, “My priority date is Dec. 2003, but it seems like it take 3-4 years before my turn to apply for I-485 comes up”, “I am in my 9th year extension, and unable to accept promotions, or change jobs, because if I do, I will lose my priority date and have to wait another decade for my green card.

If the above quotes sound familiar, then please know that you are not alone. You are in the company of over � million people stuck in the endless backlogs and bureaucracy. Recent data on backlogs indicates that as of April 2006, 255,000 applications were pending at the DOL – some since 1999. Per latest Ombudsman's report, there are between 170 to 230 K applications pending at the USCIS. Just one glance at the numbers is sure to send shivers down the spines of most individuals who haven’t even entered the green card queue.

With unbounded passion and a sense of urgency few individuals came together in December 2005 to form Immigration Voice (IV). Immigration Voice’s mission is to resolve this crisis facing numerous highly skilled, and highly educated individuals and make lawmakers aware of the issues that have adversely affected the quality of life for our members.

Immigration Voice has successfully lobbied Congress to enact sensible legislation that will clear backlogs, reduce wait time, and improve the quality of life of individuals. Immigration Voice has played a key role in the following very positive changes: (1) Removal of 10 % hard country quota from Comprehensive Immigration Reform legislation. We made lawmakers aware of this issue so it will never arise again. (2) Inclusion of Immigration Voice’s goals in the bipartisan Managers' amendment to CIR viz, (i) I-485 filing without visa number availability, (ii) 3 year H-1B and EAD/Advance Parole extensions for green card applicants, and, (iii) Generalization of Science-Technology-Engineering-Mathematics (STEM) exemptions to more applicants. This item also greatly serves the national interests of the US.

Immigration Voice has also raised awareness about backlogs and bottlenecks in the legal immigration process through an aggressive publicity campaign in the print and broadcast media (Washington Post, Roll Call, WSJ, MSNBC, amongst many others). You can check them out here. Immigration Voice core members continually engage the media on a regular basis to raise awareness.

Immigration Voice works closely with Quinn Gillespie and Associates (QGA) to generate awareness amongst lawmakers of our cause and to create bipartisan support for it, but we need a significant membership base as well as a tremendous financial muscle. The lobby opposed to legal immigration is very strong, and has extensive reach on the Hill. We need to raise funds with great urgency and vigor to keep up the struggle and strengthen our partnership with QGA, without whom our success is limited.

All members of Immigration Voice are bonded by the same problems arising from the backlogs in legal immigration. The unwavering and unfaltering commitment of the Immigration Voice core team, and the support shown by our members, both monetary and in spirit, has propelled Immigration Voice to succeed and hardened the core team’s resolve to continue this work until our goals are achieved.

Immigration Voice’s membership has grown to more than 8000 members in about 7-8 months, but this number pales in comparison to the half million people currently in some stage of their green card process. We urge you to join us and become a member of Immigration Voice. You will receive regular updates and inside news of several activities that Immigration Voice is undertaking in Washington DC. Moreover, you will get the satisfaction of being part of this important effort, which has a good chance of succeeding, and be able to share your worries as well as get solutions to your personal queries through our free ask-a-lawyer conference calls.

Please visit www.ImmigrationVoice.org and see first-hand the enthusiasm and energy of our existing members who are contributing their time and resources to a very important cause. We are sure you will join us.

Thank you,

Immigration Voice Team

Immigration voice is a non-profit 501 (c) (4) organization. All of Immigration Voice’s financial transactions will be audited by a CPA, submitted to the IRS.





************************************************** ****


Based on the suggestions from perm2gc, I am temporarily changing the thread to "Give IV a New Gift". It was "Post about IV in other Web sites( Need 15 min of your time!!!) "

perm2gc
Senior Member Join Date: May 2006
Posts: 387


Give IV a New Year Gift

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

Guys. Let all of us give a new year gift to our core team by posting about IV in all the forums which we have access.It won't cost you a penny but a 15 minutes of your time.I know everyone are busy but 15 minutes is not too much to spend for guys who are working hard for our cause.I know many people are silently browsing the thread than the people who are posting .Guys don't be behind the doors all the times.You have to come out sometimes and this is the time for you to show little respect to the core team.
__________________
Remember, remember always, that all of Americans... are descended from immigrants and revolutionists



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h1techSlave
03-17 01:55 PM
People with PD having DEC 2003 and before will have fair chance as well.

Are you saying EB3-India visa date will be set as Jan 2004 by USCIS some time soon? I thought they kept saying that EB3-India dates would move very slowly only. So from the current Oct 2001 to Jan 2004 is a very long and narrow road.





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ItIsNotFunny
03-17 11:19 AM
Category: EB3 India
PD: Sep 2002
Filed 485 on 07/27/2007

If your PD is Sep 2002, why did you file in July instead of filing in Jun?



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ImmiLosers
11-23 09:40 AM
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer





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cps060
01-31 04:48 PM
I am actually looking for a very simple answer : My husband whose EB-2 I-140 had been approved some time back, wants to quit his job & pursue MBA on F-1. Would the I-539 be approved in this case ? Or should he plan for H4.
BTW , he has no plans to travel out of country so stamping is not an issue.



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ajthakur
07-14 06:54 PM
So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.
Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.





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thirdworldman
02-17 10:20 PM
I've never used it, but Blender 3d is free, and from what I've seen, there's a pretty nice set of tools there...blender3d.com





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imh1b
11-12 04:03 PM
Did you see that whoever is crying for spillover is EB2 India. or EB3 ROW. He has his priority date pretty close to cutoff dates in bulletin. So they think by doing spillover their greencard will come few months earlier. This is a selfish thinking. IV should not help such people. They do not care about us. They only care about getting their own greencard. I will oppose this campaign and send letters against this campiagn to whoever you are sending. This campiagn does no help to EB3 India. I am sure many EB2 ROW will oppose you and send letters against your letters. You are trying to delay EB2 ROW greencards by taking from their quota. Even Chinese will oppose you because there are too many Indians blocking the system for everyone.

IV should spend money for EB3 India rather then EB2 India who are already in advantage.





tb2904
12-27 10:34 AM
I posted the following details in other thread -

************************************************** *******
Here are the options to fly back to your home country:

1. Fly directly to your home country - No transit visa required and no valid US visa required

2. Fly via any other country - No transit visa required as long as you are not stranded in airport due to delay in first leg of the flight. Also, to board a plane to Europe you have to have a valid US visa.

Here are my past experiences:

1. I had a valid US visa and I was traveling from Cincinnati to New Delhi via Paris on Air France. My flight from Cincinnati got delayed and I missed my connecting flight in Paris. All the passengers that had the green card or US citizenship were allowed to stay in Hotel outside the airport. But, since I am an Indian national and did not have a transit visa, France custom officer told me that I am "illegally" in France. He was nice guy and advised me to stay the night at the airport terminal and board the plane to India next day.

2. My US visa on my passport expired and I had the H1 extension papers with me. I was traveling on Air France from Cincinnati to New Delhi and my flight was via Paris. The airline staff at Cincinnati did not allow me to board the plane as I did not have a valid US visa on my passport. I had to drive down to Chicago to get the transit visa.

3. My US visa on my passport expired. I flew directly from NY to New Delhi on Continental. No questions asked.
************************************************** *******





yagw
09-17 05:00 PM
[ sorry if not relevant to the OP.]

http://www.businessweek.com/technology/content/sep2008/tc20080915_270731.htm?campaign_id=yhoo

The study shows the U.S. still leads the world in the "human capital" category, which measures the number of students attending universities, a country's capacity to train scientists and engineers, and employment in the tech sector as a percentage of the overall workforce. Here too, though, the U.S. lead is threatened. While students from other countries still flock to U.S. universities to get their MBAs and PhDs, tight immigration policies are causing more of those students to go home after graduation. "Our own education system is not producing the innovators we need," Estrin says. "And we're not opening our doors to the best people, and our immigration policy is such that we have been making it harder for them to stay, and so they are going home and innovating elsewhere."



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