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  • go_gc_way
    02-13 04:51 PM
    Logiclife,

    Many of the members are aware of criticizm then and now of IV actions/decisions. It is probably difficult for you to keep up the course while answering them.

    However, please ALWAYS keep in view of the members who support you , by doing so, I believe your actions will represent 99% of the membership.

    While members probably are some what aware of details of efforts , your this post further explains what it takes. We always appreciate the great work you are doing. Thank you for the update.

    I THINK YOU HAVE DONE RIGHT , WITH THIS POST. I support you and I am sure many others.

    I APPRECIATE YOUR ACCHIVEMENTS LAST YEAR. I am waiting for March.





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  • desi3933
    03-22 12:36 PM
    AC21 is a law but certain provisions of AC21 have been introduced in separate memos.
    Job portability under AC21 is also part of a guidance / memo - so if any AC21 case goes for hearing in an immigration court, any change of employers while 485 is pending is considered illegal. This is not very common though.

    Incorrect!

    Job Portability is part of AC-21 law. Read for yourself.
    AC-21 law (http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=H9005&dbname=2000_record)

    ��(j) JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE.�
    A petition under subsection (a)(1)(D) for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.��



    _________________
    Not a legal advice.





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  • bugsbunny
    04-22 11:26 AM
    A question -- has IV considered challenging the country quota in court? Because the Constitution forbids discrimination based on country of origin..

    another nice topic to debate....i know that i debated with people about this a while ago and they made good arguments why setting immigration limits/controls by country origin is not discrimination.

    Besides the limit is the same for all countries so very difficult to argue for discrimination





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  • Raji
    05-12 05:09 PM
    Very wise of you Nitin. I doubt that anyone in this forum disagrees with what you have said.

    But I also believe that IV members are here to address some issues confronting them re the GC processing. I would focus on things that need doing - the core agenda - not on fraud committed by some handful of persons, and who has got his/her spouse a job where. These are not issues that concern us - there are enough crabs in the anti-basket to bring legal immigrants down - its a stunning revelation that USCIS can at random hike fees, lengthen process, and leave legal immigrants in a limbo for years on end. Indeed the system is so incoherent that to this day they are unable to give us a reply on waiting times and our place in the line. I prsonally have yet to see such an ill-defined and poorly organized immigration system anytwhere in the world. Every nation - be it Canada, Australia, NZ, or UK have a clear outline and timeline as to fees, waiting periods, rights and responsbilities of people in the line to immigrate - be it for PR or citizenship. And this is the very least we too can expect of the US immigration system. A big push is needed for immigration reform for legal immigrants. And we are not likely to get anywhere if our focus will be on issues that are raised in anti-immigration forums. This is not to say these issues do not exist - the point I am trying to make is that they are NOT OUR issues.

    We only need to focus on the positive. The contributions of the genuine, law-abiding majority of legal H1B who come from many nations across the world and get stuck for years on an artificially created queue. The fact that we have come here on an H1 B visa which by law allowed us to file for a GC. The issue @ hand is waiting time, and associated concerns, an attempt to end retrogression, remove per country limits or at least align them with H!B intake numbers, and recapture of visa numbers. Many of us have lived here 7+ years, have put down some roots, and would like to see some positive end to this frustraing wait. We also need to Q the DHS and CIS process why we are indefinately funding the CIS and seeing no result to our cases. No one likes their life to be held up and that is why we need to get together to end this unfair wait.

    To Core: I would argue that the issues that need to be fixed re GC for legal EB immigrants are issues of PROCESS not POLICY. Yes, these issues are often rolled into a bundle and presented as policy - I would argue that they need to be DELINKED from CIR and such like that focus on policy based issues regarding illegal immigrants. This nation already has a policy to allow people to immigrate legally - the problems are in the proces of executing that policy. That and that alone needs to be our focus.

    Regards,
    Raji



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  • amitjoey
    12-22 02:29 PM
    Dear Sir/Madam

    I have been in the country Legally on a student visa and then on a work visa for 10 years. I have been in line and have applied for a greencard 6 years ago and my application has been shuttled through various departments and agencies in a 4 step procedure and now being stalled for want of a number (An immigrant number) for a highly skilled immigrant. There are an estimated 1/2 million legal law abiding, tax paying individuals in a similar situation who need your attention. All of them are in the country on a work visa and are in line to recieve an employment based green card.

    The Employment based green card system is completely broken due to excessive delays and backlogs in petitions of nearly half a million highly skilled workers who are certified by US Government to be doing a job that no US citizen is willing, qualified or able to do. The delays in obtaining a permanent residency are due to 2 reasons: Numerical caps on employment-based green cards and processing delays in adjudication of files. Today the system takes anywhere between 6-12 years to grant Green cards to some of the best and brightest of the world who have chosen America as their future home.

    These future Americans are facing huge quality of life issues and their employers are facing difficulty in attracting more of the best and brightest of the world due to the broken system. The system prevents these workers from accepting promotions and switching jobs for the time-period it takes to process their files. By stagnating career growth and suffocating the creativity of the most innovative and technical minds of the world.
    The processing delays mock America�s respect for those who �play by the rules� and get in line. At the same time USCIS awards 10s of thousands of greencards to people every year outside of USA based on a pick or lottery.

    At the end of 2006, there were an estimated 200,000 employment-based principals waiting for labor certification, which is the first step in the U.S. immigration process. The number of pending I-140 applications, the second step of the immigration process, stood at 50,132. This was over seven times the number in 1996. The number of employment-based principals with approved I-140 applications and unfiled or pending I-485s, or the last step in the immigration process, was 309,823, a threefold increase from a decade earlier. Overall, there were 500,040 employment-based principals (in the three main employment visa categories of EB-1, EB-2, and EB-3) waiting for legal permanent residence. And the total including family members was 1,055,084.

    These numbers are particularly troubling when you consider there are only around 120,000 visas available for skilled immigrants in the EB-1, EB-2, and EB-3 categories. To make things worse, no more than 7 percent of the visas are allocated to immigrants from any one country. So immigrants from countries with large populations like India and China have the same number of visas available (8,400) as those from Iceland and Poland.

    At the same time, a debate rages about H-1B visas and this gets considerable press coverage. Companies such as Microsoft, Intel, and Oracle have been lobbying for visas to bring in skilled immigrants, but have focused on expanding the numbers of H-1B visas available. Why? Perhaps because workers on these visas are desirable, as they are less likely to leave their employers during the decade or more they are waiting for permanent residence.

    So we want skilled immigrants, but we want them to come on the right visas as permanent residents. The battles being fought are about bringing in more people with H-1B visas�not about those who are already here with them and stranded in �immigration limbo.�

    Unlike many of the problems facing the United States, this one isn�t hard to fix. All we have to do is to increase the number of visas offered to skilled workers in the EB-1, EB-2, and EB-3 categories from 120,000 to around 300,000 per year. And we need to remove the per-country limits. Instead of requiring graduates from top universities who receive jobs from American corporations to go through the tedious H-1B visa process, we should provide a direct path to permanent residence. We are now competing with the rest of the world for the best talent. We need to do all we can to attract and keep skilled immigrants, rather than bring them here temporarily, train them, and send them home.
    One more most important aspect is also to provide an oversight over USCIS. Presently, processing delays, lost paperwork, incourteous and bad customer service and above all a non-transparent system is what immigrants face. Why should legal tax paying immigrants wait in line patiently for half a decade and pay high fees to get lousy customer service and no accountability for fees?.


    Yours truely,
    Frustrated, law abiding, tax paying immigrant





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  • jonty_11
    02-01 02:25 PM
    Esp the Mom Pop Desi consultancy shops whose main objective is to prey on H1Bs...They should be banned.
    I agree that its the lopoholes or worse - Loose enforncement that encourages these consultancy firms to keep exploiting the system.



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  • beppenyc
    11-14 05:54 PM
    If the Repubblican Senators will confirm its vote, the Filibuster will be impossible.
    We will have 9 new senators, 7 dem, one Ind, and one repubblican.
    Except the senator from Montana, all the news dems are favorable for the CIR., as well as the Indipent one. I don`t know about the new senator from Tennesse.
    Also Kyl was talking about the original plan from Mc Cain (who will be a runner, which means that he needs the latino vote)-Kennedy, the one passed from the senate was little bit different. Let`s hope for the duck in anycase....





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  • DariusMonsef
    05-31 01:44 PM
    You are right only 1 entry is allowed, but I thought I would just show the rest as examples for those who haven't yet sat down and whipped one out.


    ipod skin spam! more than one entry is not allowed!!!! (or shouldnt be :P)



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  • HV000
    11-09 08:03 PM
    H1-B has the following advantages under certain conditions.

    1) If you are not yet married, you dump H1 and you are dumping the ability to bring your future wife to US immediately after marriage.

    2) Some states give driving licenses that is valid until the EAD expiry or H1-B I-94 expiry. With H1-B, your hassle of DL renewal is reduced to one third of EAD based.

    Its preposterous that USCIS does not allow LEGAL prospective permanent immigrants using EAD to bring their spouses!!





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  • rksaigal
    07-30 01:11 PM
    What would you recommend to enter this field on a long term basis and to supplement one's income?



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  • logiclife
    02-11 01:23 PM
    Friends,

    I did a quick search and did not find answer to this. Apologise if this is a repost.

    But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?

    Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.

    Given the fact that everything is driven by I-94, including your status and your proof of legal presence, I think this may be true. However, I have not read any experience of anyone who came back on AP and then filed for an H1 transfer. Most people who want to continue on H1 have not used AP (so far on this forum, I dont know about everyone ofcourse) and they have gone thru the pain of getting restamped in consulate abroad.





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  • Sideliner
    07-16 10:44 AM
    Please stop the spread of incorrect information, designed to create hatred on high skilled immigrants.



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  • kakarla
    03-16 09:09 PM
    Hello,
    I have used the below thread when I was in the same situation as yours. Hope this helps.

    http://boards.immigrationportal.com/showthread.php?t=137088


    Regards,
    kakarla.





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  • RollingStone12
    04-24 11:26 AM
    There is no dearth of MORONs here. Here's another one. First Moron snathan asked me for website one may ask why? just because my handle was similar to somebody's.. Now this Moron RollingStone12 thinks i am PlainSpeak for reasons only moron can come up with and is asking for address. I doubt if he will be willing to 125 St Harlem.. but you never know he might just because he is a complete MORON... so I am scared to give out my address :p

    YOU two will make a greate MORON DUO

    Again you win....I dont have the capability to fight with a Slut...now go back to your hole, take a pill and sleep and come back as PlainSpeak.



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  • thomachan72
    10-27 12:58 PM
    Congrats alterego !

    Are you both physicians ? (the J-1's)

    Looking at your RD reminds me of a friend of mine who has a I-485 RD of Dec 2004, but he is in EB3. Unfortunately his NameCheck was not clear even in the July 2007 fiasco, the reason he is still not green !

    He and his wife recently sold their house and everything else and left their jobs and moved back to India! Enjoying themselves there while their I-485 application papers turn yellow !

    You paid 68K for legal and immigration fees... that is steeep man ! I wonder how...

    bought a car to visit the attorney :D:D





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  • crystal
    02-11 02:55 PM
    This is tricky question . I am not sure what the right asnwer is, which i am also looking for.

    Your 2011 I-94 is invalid once you came back with new parolee I-94. This much I am sure of.

    I think you can work on h1 till ur current I-94 is valid (Here satus is parolee or H1b I am not sure) . After that you need to file an amendment to get another I-94 valid till 2011 again.

    Or May be we need to file h1b amendement as soon as we come back to US on AP to get new I-94 till 2011.

    Some body wrote that even with AP, at the POE if you show new h1B which is valid till 2011 they would issue I-94 till 2011, even though you dont have the valid h1b stamping on passport. Somebody else wrote that showing H1b papers would cause confusion to the POE officer with un-necessary side effcts

    I am in a similar situation as my H1b is valid till 2010 and planning to go out.

    Appreciate if anybody can comment on this.

    AP i94 valid upto Mar 2009(After returning on AP)
    H1 i94 valid upto June 2011

    Can I still work on existing H1?
    Which i94 valid(AP or H1)?



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  • willwin
    06-10 03:03 PM
    Finished calling all reps..

    I think we should post this on the home page in IV Announcements section.

    I have this doubt too.

    Leaving VM might make sense. But what about leaving message with a person? Does it really do any good?





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  • neelu
    10-30 02:17 AM
    Hello friends,

    We finally got CPO emails 10/28/2009 (only checked last evening), 11 years after first stepping foot on this land. My story is very much like those that others have posted, so I will not say more.

    But I would like to go over what I did since October 1st (which is when my PD became current). Most of us on this forum know a little something about waiting for our PDs to be current or for some legislation to happen. But what I learnt in October is that once your PD becomes current, you go from one opaque waiting area to another one. The case status website does not have any useful info. May be we (IV) should work to get USCIS to add some real status information there (like if our case is assigned to an IO etc.). Anyway, these are what I did:

    1) I had called NSC using the POJ method on 10/9/2009. But did not get any useful info.

    2) I had called again on 10/13/2009 and this time a very friendly and I think very knowledgeable IO put me on hold for 5 mins - when she returned she told me that my case (and my wife's) was shelved because they thought that our finger prints were not done. But she said that she thinks they are all there and that she would make a request for the case to be assigned to an IO for adjdication.

    3) On 10/21/2009, I called up my senator's office and requested them to open an inquiry. A couple of days later I got a reply from the senators office which included the response from USCIS - the USCIS response was practically useless asking me to wait 90 days.

    4) On 10/28/2009, I got the CPO email.

    Frankly, I dont know what helped, if anything at all did. The only thing I think that helped me is the support that I got from folks on this forum. You guys are a fabulous bunch.

    Like others who have posted, I have been closely involved with IV since May 2006 and plan on keeping it that way going forward (cannot NOT check IV at least once a day :D). Go IV!!!!!

    Please let me know if you want any specific information about my case/experience that can help in your case.

    Wishing the best of luck for everyone waiting....

    ~Neelu





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  • misanthrope
    10-03 02:24 PM
    Well, you supported gctest by saying that EB3 consultants work for sleazy, body-shopping companies which clearly implied that EB3 consultants are third class and sleazy. Why don't you just retract the original post of yours and the reds will disappear?

    Here is what I wrote.
    Well, I don't think gctest is against EB3. He is against consultants from sleazy bodyshopping companies, which is right.

    Tell me how did you deduce that I am saying that EB3 consultants work for sleazy, body-shopping companies and IMPLIED that they are third-class.
    There is NO logical connection. It is actually YOU who is telling me that those consultants are third-class and that is visible in the quoted post above.
    After this financial sector meltdown, many big brains may end up working for these sleazy firms to save their H1B, which is NOT wrong. It's again, the choices that you make. I am sure most of them would have other options too.

    I am sorry, I can live with reds but I will not be a conformist.:)





    hoolahoous
    10-23 12:45 PM
    you can document (some emails/documents indicating that job loss was possible) that you had to move because of things out of your control, i.e. you had intentions of working but because of situation you had to move, then you will be fine.

    same things apply if you are laid off soon after getting GC.
    i learned not to make career decisions based on "potential" future problems.




    -------------------------------------
    i am not a lawyer and don't consider my advice as legal advice.





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