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vin13
11-10 11:07 PM
Guys..
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
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rockstart
08-10 03:43 PM
10th is almost over and I thought we had this trend that when USCIS wants to maintain status quo they publish bulletin early in the month and if the bulletin is delayed there is strong probablity that there will be some positive movement
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PBECVictim
06-12 10:00 AM
White House spokesman Tony Snow said on �American Morning� he expects Republicans to band together to add amendments to the bill, and it could be voted on by the end of Tuesday � after senators take up the energy bill.
http://politicalticker.blogs.cnn.com/
http://politicalticker.blogs.cnn.com/
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alterego
07-14 09:37 PM
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
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Rajeev
02-01 03:04 PM
Hi Varsha
I will attend the conference call but unfortunately I would not be able to come to the temple Saturday. The earliest I can reach temple is 3:00 p.m.
I will attend the conference call but unfortunately I would not be able to come to the temple Saturday. The earliest I can reach temple is 3:00 p.m.
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sanjeev_2004
11-20 09:40 PM
My H1-B expires in another 8 months. I got my Labor cleared (EB-2) in 2 months through Perm and just finished applying for I-140. Before february, if i don't get my I-140 cleared i will go through Premium and apply for H1-B 3 year extension.
Getting my H1-B extended for 3 years is my goal. Once this happens, i will look elsewhere for a new job and start over GC process again hoping thta by then labor laws improve.
I have not dreamed/hoped to get GC. I am only hoping to stay in this country as long as possible.
I still don't understand why people are frustrated with delays in GC?
Why should you even stress yourself too much about this GC. Just enjoy the life and move on.
thanks
I agree with you. Only sick ppl are frustrated with delay in GC.
Getting my H1-B extended for 3 years is my goal. Once this happens, i will look elsewhere for a new job and start over GC process again hoping thta by then labor laws improve.
I have not dreamed/hoped to get GC. I am only hoping to stay in this country as long as possible.
I still don't understand why people are frustrated with delays in GC?
Why should you even stress yourself too much about this GC. Just enjoy the life and move on.
thanks
I agree with you. Only sick ppl are frustrated with delay in GC.
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nomi
12-11 03:03 PM
When we file I485 its with Department of States and not USCIS which is part of Department of Home Land Security. In my opinion it is DOS who has to agree filing I 485 even if visa number not available.
How can we contact with Department of State about this rule. Can we meet with rule making department or its officers and see what they say about it ??
There should be someway or they are enough rights to change or make new rule. Like they decide everymonth visa numbers ?? what do you guys think ??
thx.
How can we contact with Department of State about this rule. Can we meet with rule making department or its officers and see what they say about it ??
There should be someway or they are enough rights to change or make new rule. Like they decide everymonth visa numbers ?? what do you guys think ??
thx.
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spicy_guy
06-10 07:50 PM
Done!
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pointlesswait
11-17 03:49 PM
why cant they spell out the damn rule.. instead of leaving it out for speculations...
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CT_Green
09-26 09:56 AM
This is actually an article by FSB (Forture Small Business) and they have a debate section. Just wanted to make everyone aware. Thanks.
http://money.cnn.com/magazines/fsb/
http://money.cnn.com/magazines/fsb/
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mmanurker
07-01 02:46 PM
This is the response I got from NJ senator:
Dear Mr. Manurker:
Thank you for contacting me to express your opposition to Senator Bernard Sanders' amendment to the American Jobs and Closing Tax Loopholes Act of 2010. Your opinion is very important to me, and I acknowledge your concerns about this issue.
The amendment offered by Senator Sanders requires employers to certify that they have not and will not lay off a large number of employees before they are allowed to employ foreign workers. I strongly believe that priority should be given to American workers. However sometimes there are no available American citizens to fill key high-tech or high-skilled jobs. It is important for us to make sure that American citizens are being considered first to fill these roles and that employers are not hiring foreign nationals while laying off our own citizens.
Again, I thank you for sharing your thoughts with me. Please be assured that I will keep your views in mind. I encourage you to contact me if I can be of further assistance.
Dear Mr. Manurker:
Thank you for contacting me to express your opposition to Senator Bernard Sanders' amendment to the American Jobs and Closing Tax Loopholes Act of 2010. Your opinion is very important to me, and I acknowledge your concerns about this issue.
The amendment offered by Senator Sanders requires employers to certify that they have not and will not lay off a large number of employees before they are allowed to employ foreign workers. I strongly believe that priority should be given to American workers. However sometimes there are no available American citizens to fill key high-tech or high-skilled jobs. It is important for us to make sure that American citizens are being considered first to fill these roles and that employers are not hiring foreign nationals while laying off our own citizens.
Again, I thank you for sharing your thoughts with me. Please be assured that I will keep your views in mind. I encourage you to contact me if I can be of further assistance.
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Ramba
04-07 05:27 PM
Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.
POE: San Francisco. I hold a completely different job compared to my Masters degree. I was asked what qualifications I have to hold a job in marketing when my background was technology. I gave an explanation and the VO looked up and smile. He said, you memorized your answers well. I said, I've been doing it for the last five years. He laughed and said, you guys are smart cookies. Have fun, summer is around. NEXT.
Note to people who like to spread Bullshit: Please STOP spreading horsemanure. Unless your paperwork is completely out of whack, no VO at the POE has the RIGHT/AUTHORITY to send you back. I spoke to an immigration lawyer at a party couple of months ago. He said deportation procedures are not that simple. The VO has to call DHS and Immigration Services. Once they take over the case, it takes 12 to 24 hours to do a background check. Until that time, the person is held in custody at the Airport. A decent bed and food is provided. If the documents check out incorrect then authorities in the home country are informed and so is the Embassy in United States. DHS and USCIS allow folks from (Indian embassy) to interview the candidate (potential value target: crime recod back home, etc). If the embassy decides that the documents were forged then it will send a memo to the Indian Airport and ask the Indian police to book a case after the person arrives. The process is much detailed than making a call to somebody's father or father-in-law and asking, DO YOU NEED XYZ for this job.
So all this is dino-dung. Stop wasting time at your desk and do something productive.
Let the red-dots rain.
As you mentioned it can be a rumor. Or, it may be a very rare isolated case. However, I would like to say few words for the inspection and admission process at POE. There may be a lot of regulation regarding denying admission at POE. Ultimatly, it is upto the IO at POE to follow it or not. One cannot argue (or complaint with the supervisor) with them in the long line at POE to ask them to follow the rules and regulations; or you do not have your lawyer standing next to you in the line. You do not have much option at POE. If they want to flex their muscles, they can do it and deny the admission to any one without proper reason. Even if you have a valid visa and other documents US admission is not always gurenteed. However, 99.9% it wont happen. If the unemployment rate continue like this, it will not be a unusual to hear these kind of stories. Bottom line is IO at POE and consular officers at embassy has tremondus power; it is not easy (or question their decision) to overcome their decision.
POE: San Francisco. I hold a completely different job compared to my Masters degree. I was asked what qualifications I have to hold a job in marketing when my background was technology. I gave an explanation and the VO looked up and smile. He said, you memorized your answers well. I said, I've been doing it for the last five years. He laughed and said, you guys are smart cookies. Have fun, summer is around. NEXT.
Note to people who like to spread Bullshit: Please STOP spreading horsemanure. Unless your paperwork is completely out of whack, no VO at the POE has the RIGHT/AUTHORITY to send you back. I spoke to an immigration lawyer at a party couple of months ago. He said deportation procedures are not that simple. The VO has to call DHS and Immigration Services. Once they take over the case, it takes 12 to 24 hours to do a background check. Until that time, the person is held in custody at the Airport. A decent bed and food is provided. If the documents check out incorrect then authorities in the home country are informed and so is the Embassy in United States. DHS and USCIS allow folks from (Indian embassy) to interview the candidate (potential value target: crime recod back home, etc). If the embassy decides that the documents were forged then it will send a memo to the Indian Airport and ask the Indian police to book a case after the person arrives. The process is much detailed than making a call to somebody's father or father-in-law and asking, DO YOU NEED XYZ for this job.
So all this is dino-dung. Stop wasting time at your desk and do something productive.
Let the red-dots rain.
As you mentioned it can be a rumor. Or, it may be a very rare isolated case. However, I would like to say few words for the inspection and admission process at POE. There may be a lot of regulation regarding denying admission at POE. Ultimatly, it is upto the IO at POE to follow it or not. One cannot argue (or complaint with the supervisor) with them in the long line at POE to ask them to follow the rules and regulations; or you do not have your lawyer standing next to you in the line. You do not have much option at POE. If they want to flex their muscles, they can do it and deny the admission to any one without proper reason. Even if you have a valid visa and other documents US admission is not always gurenteed. However, 99.9% it wont happen. If the unemployment rate continue like this, it will not be a unusual to hear these kind of stories. Bottom line is IO at POE and consular officers at embassy has tremondus power; it is not easy (or question their decision) to overcome their decision.
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gc28262
04-11 02:07 PM
And you inferred this from EB3 Mexico becoming Unavailable in month of May.
This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
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kosu
08-15 03:57 PM
September is out.. I cannot beleive what i am seeing..
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
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gsc999
08-04 01:00 AM
PCS:
Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION. if we can explain him about our problem then beleive me he is the only one who can talk everday about SKIL BILL.
Try it.
----
Talking to Lou Doubs in "favor" of immigration is like committing Harakiri.
Lou represents the extreme "right" wing anti-immigration lobby.
Kakaji, what part of Lou Doubs programs have you missed, the Anti-H1B programs or the anti-immigration ones?
Kaka ji plz don't instigate others to send e-mails to Lou Doubbs. It is enough that you have made that mistake.
Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION. if we can explain him about our problem then beleive me he is the only one who can talk everday about SKIL BILL.
Try it.
----
Talking to Lou Doubs in "favor" of immigration is like committing Harakiri.
Lou represents the extreme "right" wing anti-immigration lobby.
Kakaji, what part of Lou Doubs programs have you missed, the Anti-H1B programs or the anti-immigration ones?
Kaka ji plz don't instigate others to send e-mails to Lou Doubbs. It is enough that you have made that mistake.
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coolmanasip
06-19 03:09 PM
My lawyer is asking for the tax returns for last three years for 485 filing??? I read W2s in the USCIS list but I do not know why he is asking for tax returns?? Any clue.....
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optimystic
03-22 09:51 PM
Optimystic!
Did you see any LUDs on your 485 over the past few months?
Thanks,
The latest LUDS on our 485s were around Dec 17 2007. That was around the time we got our AP. No other updates after that.
Did you see any LUDs on your 485 over the past few months?
Thanks,
The latest LUDS on our 485s were around Dec 17 2007. That was around the time we got our AP. No other updates after that.
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Karthikthiru
09-11 11:03 AM
It is already approved by Immigration Sub-committe about 3-4 weeks back. It has to pass through judicial sub-committe
http://www.asianjournal.com/?c=201&a=29863
"In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."
http://www.asianjournal.com/?c=201&a=29863
"In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."
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vinzak
11-11 12:45 PM
We can all send a copy to the ombudsmand and DOS.
I will be discussing this with my congressperson in a couple of weeks. Can any of you contact your congressperson and have them help you regarding quarterly spillover? Use the draft to take to your local congressman.
I'm willing to send this to all the congressman/senators in Texas. Since I'm new to this game, is email better or snail mail? Or is personal contact expected?
Thanks.
I will be discussing this with my congressperson in a couple of weeks. Can any of you contact your congressperson and have them help you regarding quarterly spillover? Use the draft to take to your local congressman.
I'm willing to send this to all the congressman/senators in Texas. Since I'm new to this game, is email better or snail mail? Or is personal contact expected?
Thanks.
a_yaja
12-28 03:05 PM
You mean 529? Thanks of telling. I was planning to open an account for my kid's college.
Are you sure they wont let you open an account even if the kid is american citizen by birth?
Your kid has to be a US citizen/ GC holder. You don't need to be either - except tht you need to be a resident of US with SSN (not sure if you need to be a legal resident). I live in Ohio and I opend a 529 for my daughter.
Are you sure they wont let you open an account even if the kid is american citizen by birth?
Your kid has to be a US citizen/ GC holder. You don't need to be either - except tht you need to be a resident of US with SSN (not sure if you need to be a legal resident). I live in Ohio and I opend a 529 for my daughter.
sunnymit
08-02 03:34 PM
At times we forget who we really are - Immigrants. Of course when the going gets tough, we will be the first ones to get hit. Why is that even under question? Do we expect any country to first worry about immigrants and then worry about its own citizens? I don't think so... We don't have the same rights as citizens or even GC holders, rightfully so. There are times when we will be discriminated against in the most polished way possible. For e.g. the President while giving out the TARP money to the banks mentioned that any banks receiving the loan can't hire any foreign worker (I don't remember the exact verbiage but it was something on these lines). Did people on H1s or other temporary work permits not pay taxes that consituted a portion (however small) of the TARP money handed out to the banks and car companies? So what? Some people complain about paying SS tax while they are not even eligible to receive any benefits unless they get GCs/Citizenships etc. So what?Now, all of these points can be argued in multiple ways but the bottom line is that us immigrants do have a lot of boundaries that we need to work within. Some of them are just, others aren't. Honestly, we are lucky that the govt hasn't come out with a rule yet that will send all the H1-Bs and other temporary work permit workers packing till the economy is back on its feet again. Guess what, we will all be angry about it when it happens to us, but the moment this coutnry opens the doors again to immigrants, we will be standing in the line right outisde the US embassy for new stamp.
Why am I saying all this - just to put things in perspective. As someone rightfully said earlier, filing for your GC process is an incentive by the company just like giving out a bonus - even that has a more certainity than GC. The company can anytime decide not to fulfill its obligations towards you if its not in its best interest.
Please believe me when I say that I am not writing this to lecture anyone about the realities of life. I have gone through the thick and thin of the immigration process just like all of you. I have spent countless hours thinking "agar aisa hoga, to phir kaisa hoga" (sounds filmy, I know) but its true. IMO, the sooner we understand the realities, the less painful it becomes for us...
Why am I saying all this - just to put things in perspective. As someone rightfully said earlier, filing for your GC process is an incentive by the company just like giving out a bonus - even that has a more certainity than GC. The company can anytime decide not to fulfill its obligations towards you if its not in its best interest.
Please believe me when I say that I am not writing this to lecture anyone about the realities of life. I have gone through the thick and thin of the immigration process just like all of you. I have spent countless hours thinking "agar aisa hoga, to phir kaisa hoga" (sounds filmy, I know) but its true. IMO, the sooner we understand the realities, the less painful it becomes for us...
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