Tuesday, June 21, 2011

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  • malaGCPahije
    07-25 11:07 AM
    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.

    I met a guy yesterday who applied for GC in 1998. EB3-I. Has not got his GC yet. You would expect him to feel worse than what you feel. But he was completely relaxed. Reason, he does not expect his GC anymore.

    Be happy that your PD is going to be current. But remove any expectation. If you get the GC, enjoy and party. If you do not, you will get it soon sometime later. Once the expectation of something is out, you will suffer less.





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  • ramus
    07-02 03:01 PM
    To all:

    Can everybody please let us know how much money you have spent so far to file 485. We have contacted reporter and she need more information from us.
    Please do this asap.

    Just put total amount you have spent for 485 like Medical cost, attorney fees, mail service, birth certificate, cancelling your planned trip , photos and so on.



    http://economictimes.indiatimes.com/articleshow/2166260.cms

    Thanks.





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  • wellwishergc
    04-10 07:24 PM
    Berkeley,

    I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.

    Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..

    Please advise..

    Sincerely,
    Raj
    bkarnik,

    Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.

    To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.

    I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf

    Now how do we go about changing this provision to include I-140 -- not sure.

    However, it is simply a case of moving the ball around --

    either you ask that people be able to file adjustment of status even if visa numbers are not available

    OR

    you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.





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  • JunRN
    07-16 11:47 PM
    Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.

    Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........

    lotr

    This is the same argument used by anti-immigrants.

    I am a nurse so we better flood the job market; don't you think so?



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  • walking_dude
    11-21 11:57 PM
    I have talked to IV leadership and they have agreed to hold a rally in March 1st Week, if sufficient numbers indicate willingness to participate.

    http://immigrationvoice.org/forum/showthread.php?p=303461

    So can we please stop blaming IV leaders and start showing them our support by indicating our support?




    We need the IV core team and the administrator to guide some big rally's. Guys nothing will happen until we are bold about our intentions.
    I noticed everyone comes up with their different ideas, but no one works to implement it. We need to stand together and do something big, when was the last time we had a big rally?

    We all have our own problems, life in America is not simple, but in order for us to accomplish something we all need to unite and do something big, the problem is lately IV thinks too much and has less of ACTION





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  • hiralal
    04-23 07:48 AM
    friends ..are we giving up before even trying ??? this is the least that we can do ..just write that you are a skilled legal immigrant with american kids. you have followed all the rules for 6-8 years ..waiting for a GC so that you can buy a house (or if you have a house then there is a danger that it will go in foreclosure because of GC delays) ..few minutes is all that is needed



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  • santb1975
    01-12 12:48 AM
    ^^^





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  • daflyboy04
    07-17 09:53 AM
    hi people, i read all your comments about how the IV community feels about the DREAM Act, and how you guys dont know if it will benefit the children of legal immigrants that fall into a similar situation. Well i got good news for you people, i am a staff at Massachusetts Immigrant refugee advocate coalition and we had a talk with couple of staff from senators Hagel, and senator Lugar to confirm us which version of DREAM were they doing to introduce this week which most likely could be today or tomorrow. both staff members were positive that the version that will be introduce as an amendment to the defense bill will be word by word identical to S. 774 that was introduce early this spring. what this actually means is that this version of DREAM does not discriminate legal from illegal...... just wanted to clear all that out for you guys..... thanks



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  • LC2002
    09-21 04:20 PM
    That I heard too!! GCs were distributed at Monument but I was late as I could only join at Captol Hill :p so got only FP notice.

    I'm waiting for next Rally to get my GC ... :D

    Did you get it in the rally? I overheard a rumor that they were being distributed. :D





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  • snvlgopal
    01-25 06:00 PM
    Sent to both President & IV and made 2 others to mail the letters



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  • rb_248
    05-22 04:45 PM
    This is the worst bill ever. 1987 amnesty bill atleast had a flawless game plan when it was passed. This one will not pass. If it passes, I am going back to India. At least in India polititions are not brainless, they are only corrupt. I choose to go back to India if this bill passes. And if dubya signs this bill, he will be the Tuglaq (most foolish Indian emperor ever) of USA.





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  • waitingnwaiting
    05-12 12:17 PM
    Pappu,

    Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.

    Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.

    I agree.
    Citizens want to either start consulting companies and get H1B employees or want to stop more Indians coming. More Indians mean less jobs for their children.
    Green card holders do not even want to be friends with H1B.
    H1B do not want to be friends with F1.

    H1 girls want to be married to citizen or Green card holders. Or someone with EB2 PD.

    Green card IV members do not even want to come back here.



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  • vine93
    06-02 08:49 PM
    done





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  • bkarnik
    04-10 04:21 PM
    The majority of the USCIS system is based on regulation, not law. The same goes for DOL. Many lawyers have argued that the entire LC/PERM system was created by administrative fiat i.e. it goes way beyond what is laid out in the law.

    Having said that, it doesn't appear the the DoJ or DHS will make any changes in their byzantine regulations unless forced by Congress. Consider AC21 which is a law that was made effective >5 years ago but has still not been codified into USCIS regulations!

    Morpheus:

    I totally agree with you, and that is what surprised me in starting this thread. However, it appears that as recently as 2004, the DHS changed the EAD regulations to extend the validity by more than 1 year in certain cases. I am wondering if it might be worthwhile for the IV core to utilize some resources to try and get the DHS to change the regulation and issue EAD after I140 approval. I feel that we have a good argument considering the facts: a) once I-140 is approved, there is a approval by the USCIS to the employer to hire the alien as a permanent employee and; b) by issuing the EAD at this stage, the USCIS is not in anyway tampering with the GC quotas.

    Thoughts??



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  • trump_gc
    03-21 02:15 PM
    I am from NJ and will meet the lawmakers,,





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  • rockstart
    04-21 09:23 AM
    I really am not able to understand your education pattern

    10 = Std 10th
    +2 = Std 12th I assume
    +1 = Is this the commerce 1st year?
    +3 sounds to be your diploma right? now what was eligiblity for the diploma 10th or 12th? I am assuming it was 10? since it was 3 years course.

    My friend I hate to be sounding pessimistic but your education might add upto 16 years but it is not progressive 16 years as required for a bachelors program, most of it is redundant. your +2 (12th grade) and diploma are overlapping. Your +1 is completely tangential to your course work. It is same as some one doing 1st year courses for 3 different strems example 1st year Science , 1st year arts and 1st year commerce and then claiming he has equivalent of 3 years bachelors course work completed and so he be awarded a bachelors degree.

    Please dont feel bad. I do not want to give you any false hopes. Please consult some proffessional evaluators to check if there is a way they can make your education sound progressive but looking at USCIS response you pasted they have evaluated your diploma and cannot accept it as equivalent to degree program. Or saying I have 2 Masters degree so count it as equivalent to a PhD that cannot happen even if the person might have completed equal number of credits as PhD still it is at masters level and not at PhD level plus they are not cumulative which will be the most sticking out point.

    I dont know who will pay for the MTR + refiling in case your employer is going to shoulder these expenses then there is really no harm in trying but if it is you who has to pay for appeals then my friend it will be better if you consult education evaluators and some other lawyers like Murthy, Khanna to get a second opinion before you embark on this long and costly journey.

    That is accurate I have done 10+2+1+3



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  • perm2gc
    05-17 09:56 AM
    They asked the biggest takers of H-1B visas. They just so happened to be Indian companies, funny enough.

    I don't see why you would think of the bill as insane. It weeds out the abuse clogging up an otherwise great visa program.
    Ignorance is a bless...





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  • eb3_nepa
    02-12 09:47 AM
    I think we need to have a thread to report the name of such companies...

    That actually might be a good idea. These companies that mess with employees and take advantage of their visa status, should be taught such a torrid lesson that any other freakin desi consultants will think twice b4 messing with their employees. It's a sad thing that we Indians exploit other Indians in the name of "It's JUST Business".





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  • rayoflight
    04-13 05:50 PM
    Great Job guys. I am proud to be an Active IV member.





    walking_dude
    11-22 11:02 AM
    - What does corruption-back-home has to do with it? There is a more open political discourse here. We should either participate and let them know what we want, or they will do whatever they want ( like they tried to reduce EB quota to 90,000 in the last CIR).

    - I have been to many lawmaker Offices in Michigan, I have visited several lawmaker offices in DC (both in and out of Michigan). Over that, I went and testified before MI Senate Transportation committee when they were denying Driving Licences to all foreign workers.

    If you think they delayed your EAD for 120 days, why do you think they approved mine in 2 months flat, for full 2 years, even synchronizing the expiry date of the EAD with the validity of the new one (meaning, I didn't lose a single day)? May be they were angry that you weren't trying hard enough? :-)

    They don't control your life dude, unless you let them control it. We won't progress much unless we get over the habit of feeling scared at our own shadows.

    - Who's is talking about the USCIS here? The topic here is approaching the lawmakers. Transparent or not, didn't we convince them to give us 2 year EADs or not? Did you see AILA or Compete America do it for us? No, we did it ourselves as a community.

    - Frankly speaking most Americans support Immigrants. Otherwise why do you think Obama won the election, despite clearly supporting the CIR in public, where as Tom Tancredo couldn't get pass round one of the presidential primaries, and no one even heard about Duncan Hunter another hero of the immigrants.

    I agree, these anti-immigrants are vocal. But they are a minority. What they lack in numbers, they try to make up in decibels (volume). Their intent is to scare immigrants off America by making loud noises, the way KKK tried to scare African-Americans from voting by burning crosses, hanging nooses and such scare tactics.

    - I don't buy your theory that folks here are afraid to march for their rights. In a few more months thousands of "illegal" immigrants will be marching in the streets of DC, risking getting deported if caught. They have done it before, they got Obama elected and they'll march again.

    While legal immigrants lose sleep over getting EAD denied for posting on IV. What kind of a bizzaro world we are living in?

    - I have already made the relevant points. If we are so risk aversive we should have stayed Home, meaning our home countries. Why did we take the risk of our planes getting hit by lightning or sucked into a storm? Or some Immigration or custom officer going crazy and packing us off to Guantanamo Bay?

    A question to all EB immigrants - When will we give up our mental slavery?

    -Many in the immigrant community come from countries where corruption is endemic.

    -USCIS controls our economic freedom, movement, where we work and reside, and if we "rock the boat" our file might be "deep-sixed" and we would have no recourse. Who knows, a petty officer could browse a news group, read this and sick Home land security goons me. I would never know why. We don't all have the resources to hire powerful lawyers and fight for a couple years. Did they take 120 days to renew my EAD because I visited my congressional representative's staff? Maybe.

    -"Transparent" and "accountable" are words not often used to describe USCIS and her parent Homeland Security. But they do have complete authority over our lives. Kafka could write a book! (Oh, he did.)

    -Many Americans are now afraid to join political protests for fear of being arrested and hence losing their job, etc. Why should immigrants be more politically active than Americans? They are publicly targeted by politicians as causing all the problems in the land (Tancredo for example) with out any serious rebuke. In my country Tancredo saying things he's said would have been considered a hate crime.

    -There are many Americans (even level headed ones) that do not believe that immigrants have any right to push for change in US policy. Regardless of whether it is change for the better, and there is no other constituency to demand improvements. The argument goes that regardless of the request, if you don't like it you should go home. (Of course the answer is to flip it and say: should Americans be treated poorly when living in my country? Sheepish looks ensue...)

    -Depending upon your level of risk aversion, it is often rational for the immigrant (who's stay is tenuous) to stay home and be "good" which means pliant.

    In summary, the US scares the freak'n crap out of a lot of people. And so they "behave" as best they can. This should not be a revelation to the staffers.

    I don't agree that we should be pliant. We should be in their face because they deserve it.

    As for me, I've come to the point that I think being kicked out of the US would be like getting fired from a crappy job I didn't have the guts to quit. :D





    Brightsider
    08-30 09:31 AM
    Most of the state colleges, (In my case, none of the state colleges), including under-grad and medical schools, will accept application, if you do not have GC/ US citizenship. I tried, wrote letters, but of no use.
    You can apply and get admission in private college, which of course cost much more.
    Also, we were not able to take any federal loans.

    You may like to talk to the admissions office of the universities. Last year when my daughter was applying for college, we had to go around and talk to them. Took an appointment and explained the case.
    We had asked only about admissions, resigned to the idea of paying out-of-state tuition. However, this counsellor got in touch with me, once the admission was confirmed, and suggested that I go to the bursar's office for tuition issues. And, there we got the great news that they had changed the rules in 2007, and that AOS candidates qualified for in-state tuition. Later we were able to get the same benefit for my elder daughter who was a senior in another state college.
    Imagine the relief of having to pay in-state after coughing up out-of-state tuition for three years. This happened in Georgia.
    So, to cut a long story short, yes you can be treated as in-state students for admission and tuition purposes. It only needs you to do some research and interacting with the offices. And of course, meeting some good persons. Incidentally, most of the counselors are great.



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