needhelp!
02-24 06:30 PM
Did AILA actually file a lawsuit?
Care to tell me how?
It was lawsuit filed by AILA, efforts by IV and other groups that reversed the decision. Gandhigiri in this country has very little value. This country works on laws/court system. We need to get laws to help us and we need support groups like IV to make that happen. Or else we can pray to God to shower some green.
Care to tell me how?
It was lawsuit filed by AILA, efforts by IV and other groups that reversed the decision. Gandhigiri in this country has very little value. This country works on laws/court system. We need to get laws to help us and we need support groups like IV to make that happen. Or else we can pray to God to shower some green.
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dummgelauft
09-07 03:07 PM
Bump
belmontboy
03-19 04:44 PM
Ye...we all see your moral standard here.
You reputation has gone up because you are supporting a shoplifter over hook...? wow. Support sex offenders, rapist and drug addict and kidnappers... you would get even more reputation.
Each of our past has its own dark stories buried somewhere.
Who are we to decide whats wrong and what right? are we that "good" to say that OP is "bad"??
Have we lived a honest and sincere life?? we should ask these questions to ourselves before weilding knife at OP.
Give the OP guy a break. He is expressing remorse for what happened [again i am not getting into the discussion of whether he is innocent or criminal here].
But do remember that all "shoplifters" are not criminals. Some go through misunderstanding process and get convicted. So without understanding what exactly happened, don't start judging people.
OP: you are showing remorse, you are one step closer to forgiveness from god.
Regarding immigration issues, please consult a criminal immigration attorney [they do case analysis and give you memo kind of thing that describes whether you case falls into CMT or not, and whether you are admissible or not]
You reputation has gone up because you are supporting a shoplifter over hook...? wow. Support sex offenders, rapist and drug addict and kidnappers... you would get even more reputation.
Each of our past has its own dark stories buried somewhere.
Who are we to decide whats wrong and what right? are we that "good" to say that OP is "bad"??
Have we lived a honest and sincere life?? we should ask these questions to ourselves before weilding knife at OP.
Give the OP guy a break. He is expressing remorse for what happened [again i am not getting into the discussion of whether he is innocent or criminal here].
But do remember that all "shoplifters" are not criminals. Some go through misunderstanding process and get convicted. So without understanding what exactly happened, don't start judging people.
OP: you are showing remorse, you are one step closer to forgiveness from god.
Regarding immigration issues, please consult a criminal immigration attorney [they do case analysis and give you memo kind of thing that describes whether you case falls into CMT or not, and whether you are admissible or not]
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Macaca
10-05 04:42 PM
Thanks for the blog link....posting on thier blog would help create some awareness of the issue upfront- where other "misinformed" readers can read it and get the facts right!
High-skilled versus illegal is not the only issue.
Post your personal EB GC issues. They may cover EB GC issues separately.
Post, Post, Post, ...
High-skilled versus illegal is not the only issue.
Post your personal EB GC issues. They may cover EB GC issues separately.
Post, Post, Post, ...
more...
21stIcon
02-19 03:22 PM
Are you sure that you would get back what ever you paid for the policy?. LIC in India is different story than western insurance companies.No Ins. company gives back what you paid on whole life, Please make sure how much you get back when policy matures.
Give me your insurance company/policy name ,I will tell you how much you are loosing on whole....?
thx
21STIcon
Give me your insurance company/policy name ,I will tell you how much you are loosing on whole....?
thx
21STIcon
dixie
11-18 03:51 AM
I think there are plenty of people who always planned to go back .. the GC /USC was just a career advancement tool for these people. In fact, a survey of US returnees to India after 2000 shows that the majority (around 60%) were USCs/ GC holders, which is clearly an indication that the relocation was by choice rather than any immigration issues.
There are many factors which make the adjustment/re-starting issues bearable : In many cases, the country you will go back to will be a much improved place from the one you left.Besides, many of us immigrated not because we were desperate to get out of our home country; but rather because at that particular point in our careers going abroad was the best way forward. After close to decade's worth of experience in USA, many find that the best way forward now is to go back to your home country .. thats becoming more and more common with globalization. And finally, many of us have family issues like taking care of aged parents which either makes the re-location inevitable or in some cases may coincide with career goals.
Personally, i think returning to one's home country solely because of retrogression is not advisable and has the potential to cause lots of frustration and disappointment.
I just wanted to get this discussion back on track of ppl wanting to be able rise up a little, let their wives work and feel the freedom to make a decision to go back.
Let me restart the discussion. I know we are all frustrated to the extent that we want to pack up and leave but we have invested too much time to do that. But let's assume things start moving and we get our GC's in a year or so. Having spent so many years waiting to "settle" would you be willing to unsettle your life again and start over in a country that you left more than a decade ago.
Note that I am not doubting anyone's intention or disrespecting any entry. Just wondering if its the frustation talking or there are ppl who would actually leave?
There are many factors which make the adjustment/re-starting issues bearable : In many cases, the country you will go back to will be a much improved place from the one you left.Besides, many of us immigrated not because we were desperate to get out of our home country; but rather because at that particular point in our careers going abroad was the best way forward. After close to decade's worth of experience in USA, many find that the best way forward now is to go back to your home country .. thats becoming more and more common with globalization. And finally, many of us have family issues like taking care of aged parents which either makes the re-location inevitable or in some cases may coincide with career goals.
Personally, i think returning to one's home country solely because of retrogression is not advisable and has the potential to cause lots of frustration and disappointment.
I just wanted to get this discussion back on track of ppl wanting to be able rise up a little, let their wives work and feel the freedom to make a decision to go back.
Let me restart the discussion. I know we are all frustrated to the extent that we want to pack up and leave but we have invested too much time to do that. But let's assume things start moving and we get our GC's in a year or so. Having spent so many years waiting to "settle" would you be willing to unsettle your life again and start over in a country that you left more than a decade ago.
Note that I am not doubting anyone's intention or disrespecting any entry. Just wondering if its the frustation talking or there are ppl who would actually leave?
more...
pune_guy
09-19 07:26 PM
Hi,
I have a question about leave of absense. Does it mean that you are still employed with them if you apply for LOA? If yes then you cannot work for another employer at the same time, not on H1B atleast.
I would like the gurus to share their opinion of the following option:
Join the new job and start working there. If there is an RFE in future then you can go to your old employer and ask for a offer letter (with the promise that you may or may not joined them) and also one from your current (old) employer. If the adjucating officer says that the letter from the current employer does not qualify under the same/similar category then you can show him the letter from the old employer offering you a job. This will satisfy the requirements of having a job offer at the time of adjudication. Though in this case you will have to join your old employer.
Gurus: Is this possible? Or are there kinks in this theory?
I have a question about leave of absense. Does it mean that you are still employed with them if you apply for LOA? If yes then you cannot work for another employer at the same time, not on H1B atleast.
I would like the gurus to share their opinion of the following option:
Join the new job and start working there. If there is an RFE in future then you can go to your old employer and ask for a offer letter (with the promise that you may or may not joined them) and also one from your current (old) employer. If the adjucating officer says that the letter from the current employer does not qualify under the same/similar category then you can show him the letter from the old employer offering you a job. This will satisfy the requirements of having a job offer at the time of adjudication. Though in this case you will have to join your old employer.
Gurus: Is this possible? Or are there kinks in this theory?
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sanju
04-17 02:25 PM
Dear sgorla,
We will all miss you since you are leaving for India soon. It seems that you have figured it all out and know what India needs. Now the next step is, you need to go there to create "Transparent Government", "clean drinking water", "roads" AND "change attitudes", oh! Last one is a biggee. Changing attitudes starts with the person preaching it
Be the change you wish to see in the world ~ Mahatma Gandhi
If we cannot focus on the issues at hand but expect others will do it or IV core will pay from their pocket, then how is your assertion about changing attitudes different from your behavior. No offense meant, I am just trying to understand. Changing attitudes starts with each one of us, not just by talking or writing it for others to follow.
Now let’s get back to real problem at hand. What is the $ rate to Rs. today? I do not want to waste my time going to finance.yahoo.com. Let’s make Iv a one stop shop for all our needs.
Very well said, nozerd. Indians may keep dreaming about INR gaining value against USD. It might actually happen at some point of time, but without the proper infrastructure that it needs, its going nowhere in my opinion.
What India needs is
Transparent Government without any trace of corruption atleast in regular day-to-day life
Clean drinking water, un-interrupted power supply
Roads and neighborhoods without trash pile ups
Change of people's attitude that Govt should do everything for them, but without having to have pay taxes, fee etc.
We will all miss you since you are leaving for India soon. It seems that you have figured it all out and know what India needs. Now the next step is, you need to go there to create "Transparent Government", "clean drinking water", "roads" AND "change attitudes", oh! Last one is a biggee. Changing attitudes starts with the person preaching it
Be the change you wish to see in the world ~ Mahatma Gandhi
If we cannot focus on the issues at hand but expect others will do it or IV core will pay from their pocket, then how is your assertion about changing attitudes different from your behavior. No offense meant, I am just trying to understand. Changing attitudes starts with each one of us, not just by talking or writing it for others to follow.
Now let’s get back to real problem at hand. What is the $ rate to Rs. today? I do not want to waste my time going to finance.yahoo.com. Let’s make Iv a one stop shop for all our needs.
Very well said, nozerd. Indians may keep dreaming about INR gaining value against USD. It might actually happen at some point of time, but without the proper infrastructure that it needs, its going nowhere in my opinion.
What India needs is
Transparent Government without any trace of corruption atleast in regular day-to-day life
Clean drinking water, un-interrupted power supply
Roads and neighborhoods without trash pile ups
Change of people's attitude that Govt should do everything for them, but without having to have pay taxes, fee etc.
more...
sertasheep
06-24 03:21 PM
desi3933 is right.
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status.
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status.
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
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vinabath
05-29 01:03 PM
To the best of my knowledge they make good money. I personally know so many examples where H-1s make more money than US citizens. Only exception would be the ones who are fulltime in Infosys type companies.
more...
lord_labaku
04-15 10:44 AM
There are more important things in life than job or money. One such thing is having a kid & having a family.
Good luck to you & your future baby.
Good luck to you & your future baby.
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WithoutGCAmigo
06-18 10:56 AM
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Where have your read that?
Where have your read that?
more...
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eb2waiter
05-28 06:16 PM
You should rather analyze how many people from India made innovations like starting a company, a technology, patenting a process etc, on H1B versus on GC?.
Innovation starts when slavery ends. Free thinking and ideas arise often even on H1B, but people can easily act on them when not having to worry about getting kicked out of the country. For your information there are a LOT of companies (and patents) started by Indians who have made it big here. Most of them came on H1B. Similarly there are a lot of companies in the tech area that are starting up in India.
Again best and brightest does not mean innovation and patents alone. It can also refer to the ability to solve existing problems, design processes that need not be patentable.
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Innovation starts when slavery ends. Free thinking and ideas arise often even on H1B, but people can easily act on them when not having to worry about getting kicked out of the country. For your information there are a LOT of companies (and patents) started by Indians who have made it big here. Most of them came on H1B. Similarly there are a lot of companies in the tech area that are starting up in India.
Again best and brightest does not mean innovation and patents alone. It can also refer to the ability to solve existing problems, design processes that need not be patentable.
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
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paskal
07-10 11:58 AM
gandhi's non violent resistance is a universal thing
MLK and a Mandela adopted it
it is just a way to show protest.
why are we arguing about this?
call it any name you want. we need to regsiter our views and get media attention.
MLK and a Mandela adopted it
it is just a way to show protest.
why are we arguing about this?
call it any name you want. we need to regsiter our views and get media attention.
more...
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ponnuswamyp
10-14 12:43 AM
eFiled on 07/28 at NSC
Soft LUD on 08/30 after sending support docs.
No Approval yet.
Soft LUD on 08/30 after sending support docs.
No Approval yet.
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she81
09-27 02:49 PM
we can also send a band-aid with a message..."Help us fix immigration"
That's cool; we can stick it on our degree, and I would just tweak it a notch to add "Legal" to the message.
That's cool; we can stick it on our degree, and I would just tweak it a notch to add "Legal" to the message.
more...
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pmpforgc
10-11 11:44 AM
Dear Nelsonagn and BlueKayal
Thanks for your responses
Bluekayal does your I-140 is already approved as Sched. A or are you going for premium processing?
Thanks for your responses
Bluekayal does your I-140 is already approved as Sched. A or are you going for premium processing?
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Macaca
08-13 09:52 PM
Employment Based (EB) Green Card (GC) Laws
The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3). Each country gets 9800 GCs (~4K families) + unused GCs (in the last quarter) from other countries, if any.
GCs unused in a year can not be reused in following years. There were 376, 345 unused GCs from 1992-2005 (page 34); 50K were recaptured for Schedule A from 01-04 and 107, 586 were recaptured for family based.
The Citizenship and Immigration Services (CIS) Ombudsman Annual Report 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf) estimates (page 35) the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
There were ~1M pending AOS applications as of March’07. (pages 11 and 14 of Ombudsman's report)
USCIS can not determine the exact number of pending applications and a breakdown of pending applications by number of months pending and application type. Further, USCIS is not making any effort to determine these numbers. (page 13 of Ombudsman's report)
Administrative Delays
USCIS is 90% funded by application fees and is short of resources.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
FBI name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits. (page 37 of Ombudsman's report)
As of May 2007, USCIS had 329,160 pending name check cases, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. (page 37 of Ombudsman's report)
The backlog appears likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
USCIS has limited capability to produce reports detailing the status of long-pending name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. (page 43 of Ombudsman's report)
Since 2001 FBI has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
What does it mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. Thus, priority dates will remain retrogressed for several years.
Those who could not file AOS will wait for several years.
EAD/AP is valid for 1 year: long cycle of EAD/AP renewals.
If your EAD is not renewed in time, you will have to stop working,
Several employers (and rightly so) view EAD as a temporary permit and are reluctant to hire you.
You need to be in the same position with same job responsibilities for an indefinite time period otherwise your GC application will be rejected.
If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
Executive and Legislative Efforts
The only solution is to change laws to increase EB GC numbers.
EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM, ...). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
IV Hill Lobbying: manager's ammendment (http://immigrationvoice.org/forum/showthread.php?t=948&highlight=manager%27s+amendment) in CIR 2006, July 2007 Visa bulletin reversal (http://immigrationvoice.org/forum/showthread.php?t=10097&highlight=huge+development).
Always ahead of others (http://immigrationvoice.org/forum/showthread.php?t=12135).
IV grassroot effort (flower campaign (http://immigrationvoice.org/forum/showpost.php?p=106384&postcount=683) + San Jose Rally (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738)) was an important reason for retraction of July Visa Bulletin.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3). Each country gets 9800 GCs (~4K families) + unused GCs (in the last quarter) from other countries, if any.
GCs unused in a year can not be reused in following years. There were 376, 345 unused GCs from 1992-2005 (page 34); 50K were recaptured for Schedule A from 01-04 and 107, 586 were recaptured for family based.
The Citizenship and Immigration Services (CIS) Ombudsman Annual Report 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf) estimates (page 35) the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
There were ~1M pending AOS applications as of March’07. (pages 11 and 14 of Ombudsman's report)
USCIS can not determine the exact number of pending applications and a breakdown of pending applications by number of months pending and application type. Further, USCIS is not making any effort to determine these numbers. (page 13 of Ombudsman's report)
Administrative Delays
USCIS is 90% funded by application fees and is short of resources.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
FBI name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits. (page 37 of Ombudsman's report)
As of May 2007, USCIS had 329,160 pending name check cases, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. (page 37 of Ombudsman's report)
The backlog appears likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
USCIS has limited capability to produce reports detailing the status of long-pending name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. (page 43 of Ombudsman's report)
Since 2001 FBI has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
What does it mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. Thus, priority dates will remain retrogressed for several years.
Those who could not file AOS will wait for several years.
EAD/AP is valid for 1 year: long cycle of EAD/AP renewals.
If your EAD is not renewed in time, you will have to stop working,
Several employers (and rightly so) view EAD as a temporary permit and are reluctant to hire you.
You need to be in the same position with same job responsibilities for an indefinite time period otherwise your GC application will be rejected.
If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
Executive and Legislative Efforts
The only solution is to change laws to increase EB GC numbers.
EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM, ...). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
IV Hill Lobbying: manager's ammendment (http://immigrationvoice.org/forum/showthread.php?t=948&highlight=manager%27s+amendment) in CIR 2006, July 2007 Visa bulletin reversal (http://immigrationvoice.org/forum/showthread.php?t=10097&highlight=huge+development).
Always ahead of others (http://immigrationvoice.org/forum/showthread.php?t=12135).
IV grassroot effort (flower campaign (http://immigrationvoice.org/forum/showpost.php?p=106384&postcount=683) + San Jose Rally (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738)) was an important reason for retraction of July Visa Bulletin.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
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Suva
05-26 09:13 AM
How can we contact him?
Members from NJ, NY contact laborchic asap. Thanks
Members from NJ, NY contact laborchic asap. Thanks
indyanguy
10-01 07:45 PM
From what I can gather, from the immigration perspective:
1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible
2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)
3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)
Thoughts?
1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible
2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)
3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)
Thoughts?
gc28262
01-14 10:04 PM
Lets get serious NOW.. I just read one post from one of our dear buddies in change.gov thread that voting is possible now on http://citizensbriefingbook.change.gov.
Please register and vote positively, . Once logged in, search for immigration. AND vote for all the issues that are relevant for us. EB2 and EB3.. Vote for Legal immigrants.
Done !
Please register and vote positively, . Once logged in, search for immigration. AND vote for all the issues that are relevant for us. EB2 and EB3.. Vote for Legal immigrants.
Done !
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