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  • sbabunle
    09-14 12:46 PM
    http://www.govtrack.us/congress/bill.xpd?bill=s109-2691

    above link give more info about the bill and legislative activities
    in a condensed form.





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  • Libra
    01-30 05:08 PM
    me too





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  • caliguy
    10-29 02:07 AM
    @ kubmilegaGC.

    Thanks buddy! As I mentioned in one of my previous posts, last 60 days were very tough for me but it feels good to have come out truimphant in the end. Thanks for all the encouragement and support you have provided and it was really good to see you come back and post a message.

    I hope you are enjoying life with green card. Good luck to you in all your future endeavors. Keep in touch!





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  • unitednations
    03-31 12:06 PM
    UnitedNations,

    Whatever be the shift in policy, they cannot go against the AC21 law, which is if the job is in similar classification then the applicant can use portability if the underlying I-140 is revoked. Also you must have seen the latest yates memo , link, http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    If you see Q.11 it asks,
    Question 11. When is an I-140 no longer valid for porting purposes?
    Answer: An I-140 is no longer valid for porting purposes when:
    A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.

    Answer B seems pretty vague. How do you interpret this?

    Also can you tell, if the case you are referring to is based in TSC or NSC. I have seen cases where TSC applicants are facing this kind of situations more.


    We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.

    Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.

    INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.

    ac21 says that a person can change jobs after 485 has been pending for more then 180 days.

    The above two things are the law.

    In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.

    USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).

    Memo is clarification which they have been following for many years and as far as I know still binding.



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  • pmb76
    07-15 11:01 PM
    Folks -

    Two pronged approach to fix Lou's bigotry:

    1. Mail an empty trashbag to Lou Dobbs, to reach by July 31
    Let us each mail an empty trashbag with a covering note highlighting how biased and untrue his 'reporting' is.

    Mail to:
    Trashbags for Lou Dobbs Senseless Bigotry
    1 CNN Ctr
    NW Atlanta,
    GA 30303

    (or)
    Trashbags for Lou Dobbs Senseless Bigotry
    One CNN Center, Box 105366, Atlanta GA 30303

    Imagine, what THOUSANDS OF TRASH BAGS would do in terms of media coverage and buzz!

    Trashbag = $0.05
    Mailing = $0.39
    Opportunity to remedy the bigotry = PRICELESS

    2. File online complaints at following direct links!

    Report Errors on CNN TV
    Send an online report NOW (http://www.cnn.com/feedback/forms/form6a.html?2)

    Send a story idea (on high skill legal immigration)
    Link here (http://www.cnn.com/feedback/forms/form11b.html?2)

    Lou Dobbs Tonight - Comment on the show
    Link here (http://www.cnn.com/feedback/forms/form5.html?76)
    "]http://www.cnn.com/feedback/forms/form5.html?76 (http://www.cnn.com/feedback/forms/form5.html?76)

    These will be more effective than trying to boycott Toyota, or other advertisers. Let us get direct and rebuke CNN for their shameless attacks on high skilled hardworking immigrants who continue the tradition of working towards the Great American Dream.

    Cheers!

    That is a wonderful idea. You are a genius. I'm totally for it. Can you please start another thread for this campaign ? Do you think IV core will endorse this ? Say if we decide to send trash bags on a particular day and do a press release. If all IV members send them and CNN is deluged with trash bags ? Man imagine the media coverage !!!





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  • anilsal
    11-15 02:12 PM
    Why do people spread the false propaganda that H1Bs do not pay taxes? This is utter nonsense.



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  • gumpena
    09-17 02:35 PM
    Now about sex offenders!!!





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  • jetflyer
    06-13 10:05 AM
    They can move the Dates in both Categories while giving preference to EB1 and EB2 first.


    You are purely thinking about your perspective and neglecting the purpose of GC for the country.
    To qualify in EB1/Eb2/EB3 depends on some factors:

    EB1: Extra ordinary candidate, may or may not be represented by employer
    EB2: Senior Level: Job duties have to justify need for advance degree candidate (or BS + 5yrs exp) and then candidate must qualify too
    EB3: 16 years of education (ideally) with degree in related field (lets talk IT for now)

    Now current status and its cause:

    EB1: - No jumping, no gaming system : Hence NO DELAYS

    EB2: - Good chunk with genuine apps, some gaming system where applicant qualify but not the job, some gaming system and taking very high risk by showing BS +5 yrs (they actually don't have +5 factor), other jumping the category (legally :D) but taking very high risk for RFE

    Result: Got retrogressed

    EB3: Good chunk with genuine apps, some unfortunate ppl who do qualify but job doesn't support experience or higher pay, lot of gaming system with BS (3yr) in non Computer/IT and showing 1yr certifications etc, and everybody who does not qualify for EB1/EB2, lot of nurses (I heard someone said nurses in back)
    Result: Severely retrogressed with no hopes in horizon

    Now lets look at market demand ( we know supply of apps is pretty darn good)
    EB 1: Very very high : general pay range starts from $250k+ and goes up to $400k for fresher (PHDs) and in upper $150k for Int'l Managers

    EB 2:: High, general pay starts high $80k and goes somewhere $140k+,

    EB 3:: good, starts from upper $40k and goes somewhere $65-70k, (lots of job and lots of applicant)

    Now lets take a look at Supply of Apps (Assumption 1M apps already in system):
    EB1: say 50K (5%) - (fast processing - Express lane)
    EB2: may be 200K (20%) - (sounds good on paper but in realty slow but moving)
    EB3: everything else (75%) (OMG :eek: stampede : frustration with no visible progress)

    Now lets checkout preference:
    Preference from perspective of country, what benefits country the most:

    EB1: ohh : lets get them in ASAP
    EB2: yes yes we welcome you please come in (after some long wait)
    EB3: OMG its flood of ppl, use extra strong flood gate and keep them out as long as possible, and let them in with very low rate


    Now This:
    Like everything in the world, the fewer the qty the hotter the product,
    the abundance kills the market, applies perfectly with EB2, in 2000-2001 it used to take 12-24 months and you have GC in hand, and now .. may be by my kids turns 16yrs, and EB3: 2000-2001 use to take about 3 yrs and but right then we started getting flood, and thanks to 200K H1bs in 2001-2.

    End of the day EB1/EB2/EB3 all are immigrant and are victim of broken system (I’m sure EB1 disagree here with me because they enjoy express lanes), it need fix but is it high priority for law makers or we just think it is?
    how desperate we are to provide help? or we are just good at reading/writing here and using IV and other forums for venting out? ask yourself

    The list goes on and my analysis goes on, but these are just my thoughts thinking out loud,
    and trying to think for a solution.... Next thought -> Solution, I will post in coming days



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  • prashantc
    01-31 07:46 AM
    Hello I got a yellow form 221(g) during my interview. Got my passport and approval back during the interview.
    Are other people in PIMS getting this yellow form/ 221(g) stating that "when administrative processing is completed in your case we will contact you"?
    This will allow me to decide if I am stuck in PIMS or something else.
    **** 28 days since interview, visa approved today****

    Dear Vamsi, SVK, NK, Shahuja, Abuddyz, lost_in_gc, and all eligible visa aspirants:

    I just got an email from the Chennai consulate, 29th day from the interview, stating the visa was stamped today:

    "Thank you for your e-mail.

    Our records show that your visa was issued today, January 31. You
    should be receiving your passport/visa soon.

    Visa Information Unit
    American Consulate General

    Chennai 600006, India
    Telephone: 91 44 2857 4242
    Fax: 91 44 2811 2027

    Website: http://chennai.usconsulate.gov"

    This means there is light at the end of the tunnel. Please have faith in your abilities, and in your God. You will hear back soon.

    Moral of the story: "Never use a Consulate in India for visa re-validation again."

    Please learn from this story, and never again trust Consulates in India for extension purposes.

    God bless you all.





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  • usernameone
    05-26 02:45 PM
    http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:


    There is a chance that all unused visas over the last several years will get assigned to FB quota and EB folks will loose all those visas for ever.



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  • go_guy123
    06-13 01:22 AM
    IT IS AS SIMPLE AS THIS ----

    IV has to convince the government that this mess was created because close to 100000 visas were WASTED/UnUsed while BEC was busy(or not busy) sorting through the cases. If it is the mistake of a govt department, then the govt should fix it by recapturing these visas. They will act only when you make them look bad or file a suit against them. Why hasn't IV been able to push a simple argument like this????

    If only it was that simple. There is too much of corporate vested interest
    to allow the H1B servitude to go on. So much vested interests in the
    Hispanic caucus not to allow "only" EB reform to pass without CIR.





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  • needhelp!
    11-28 02:14 PM
    Its eastern time zone, so I may be able to catch the show towards the end.

    http://radiotime.com/station/s_23765/News_Radio_950.aspx



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  • gc_on_demand
    06-17 09:44 AM
    Please call lawmakers listed on home page.





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  • addsf345
    08-20 12:58 PM
    Here are the answers -

    You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.

    You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.

    You exit USA, You return to USA using AP.

    Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"

    Your Work Authorization for SAME (continuing) employer is H1-B
    A.K.A. NO NEED to use EAD.

    There is NO SUCH THING as H1-B Transfer
    Every H1-B filing is a new one, USCIS checks if
    1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
    2) You have been counted against the H1-B before in the last 6 years or not.

    So now after I-94 says "Parolee/Pending AOS", You CAN
    A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
    OR
    B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
    OR
    C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
    in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
    in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
    in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.

    Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.

    between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.

    Hope This Helps.

    very good information. Thanks add78.

    Small query. If I am in my sixth year of H1B today, and if I file for H1 extension,
    1. with same employer, I actually got 3 years extension. (being 140 approved)
    2. with diff. employer, would I get 3 years or just six months, or not at all?



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  • krishmunn
    11-22 10:30 AM
    I have earlier contacted Atlas to verify if they are registered with any state's Department of Insurance. They did not even reply.
    IMO, it is better to buy an Indian Insurance. For American insurance, the only way to make them pay is go to court against them but with Indian Insurance, you can lodge claim with Insurance Ombudsman in India which is fast and effective. The only flip side is, US medical facilities might not recognize Indian insurance (though most Indian insurance collaborate with US insurance for claim processing)





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  • nixstor
    06-11 04:24 PM
    what if Obama does not win :) ..if something has to pass it will pass during this term. things and priorities change after a person gets elected. this is politics 101. I appreciate your optimism and if there is no spill over then EB3-I faces the worst case scenario. as usual the truth is somewhere in between. i.e. be ready for a long road ..if you get before that ..then good.
    as others mentioned ..the only other thing you can do is support IV.
    ---
    I follow politics too and politics is very complex for mortals like us. there are many obstacles for Obama ..his tax policies, some of the controversies and mr Rezko ..why do you think Clinton only suspended her campaign but did not close it completely ?

    Guys,

    It doesn't matter what the president wants to do as far as CIR is concerned. As far as CIR is concerned, George W begged it to be passed in both houses well before he became a lame duck. I don't see how the lawmakers on far right can come and align with the far left or even the lawmakers who are in the center. For the CIR to pass through without issues, Dems should control both houses with a big majority. Also, if you are thinking that Obama is going to win this, you are very well underestimating Mac. watch out for the GOP machine in the last 2 months and it will be a different ball game. Clinton lost because her campaign was over confident and by the time they realized they had a string of 10 bad states whose background does not suit her. Mac's campaign can't be over confident after they saw what happened. GOP is going to do its best to further divide the badly bruised Democratic party. Its few states that will decide this election and its difficult to carry states winning only the metropolitan areas. Obama won 5 counties of 90 some counties in OH. If his performance in general election is going to be the same, forget OH. Same situation in WV.

    For now, I feel Obama is a great visionary and ideologue. No one knows whether he will achieve most of the things he is promising to do if he becomes the president. But he has been very logical and rational esp with the gas tax holiday. All said, he looks like a destiny's child. Imagine where he would have been if the Rev wright wreck came before the Iowa caucuses.

    There are so many ifs and buts. our interests are best served with out the big vehicle CIR. If thats the only vehicle, we possibly are going to be held hostage.



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  • pappu
    03-29 09:15 AM
    Please spread this message far and wide to your friends, co-workers stuck in immigration limbo, Facebook, twitter, blogs, other forums, websites, and anywhere you can think will help get us all support for this event. We now have less than a week left and still struggling to meet our budget.





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  • smartboy75
    12-05 04:25 PM
    my I-485 was pending from 2001 and then my case was transfered to NBC I had an interview and then I got the I-797 Welcome Notice welcoming me as a permanent resident of the United States and it said on the notice you will get your green card in the mail in about 3 weeks and then checked my online status it said we ordered the card for production
    ok at this point everything is looking good
    and then after 5 days check my status online
    found the following :
    ##################################################
    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    We reopened this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS on November 29, 2007, and are now reviewing our earlier decision.
    #################################################
    am I in trouble?!!!!!
    Just wait for 30 days from the date of card production to see if you get it in the mail....
    it might be a procedural thing...don't worry ..keep cool....





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  • sravani
    05-24 02:37 PM
    You know what RFES for Z1 visa would be easy to answer than for H1B visa.

    RFEs for Z visa? No way...!

    USCIS is not allowed to send RFEs for the mighty Z visa applicants. All they need is a letter from friend saying they crossed the border before Jan 1, 2007 and they will get the Visa with in 24 hours.





    whoever
    01-31 12:48 PM
    Rumor of the Day: Is the Regulation Eliminating Substitutions Imminent?
    There is a rumor afoot that the final rule from DOL eliminating substitutions is imminent. Not quite---here�s the story. AILA Doc. No. 07013170.

    It is at http://www.aila.org/RecentPosting/RecentPostingList.aspx





    mariner5555
    11-03 05:19 AM
    What is this reverse brain drain ? there is no such thing - folks who are here are going to hang on tooth & nail to stay here come hell or high water - the only ones who are going back are the ones who have no other option. That is not true. In fact I would say that many people who leave have lot of guts. they may have other priorities like family, social etc. I know many naturalized US citizens who have sold their homes and are / about to go back. some IITians left because of green card issues (one of my friend tried to apply ..company was laying off H1B's ..he moved to NY financial company and now is in India at higher post. in the end it is priorities that you have in life.



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