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  • GC2002-2008
    01-30 10:13 AM
    This is my case:
    I am not working with my GC (I140) sponsoring company. I applied 485 based on that 140 from my previous company.
    Got 3yr H1extn (from Vermont, EAC, in Dec 2007)for current company based on that approved 140.
    Got EAD , AP approved.
    My previous H1 visa expired in 2004. ( 4yrs gap)
    Is it better to go to consulate (Chennai) for stamping ? or use AP?
    If I use AP, at POE ( Newark EWR)if I were asked why I am not with GC sponsoring employer what should I say ?
    Is there any issue for going stmaping after a long gap ?
    Please adivse.





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  • pappu
    01-05 09:04 AM
    If you want to make changes in the existing law, we have to do far more than a letter campaign. In the coming months, there maybe opportunities where we can try provisions and bills as we see any progress on immigration reform initiatives. Lobbying effort for big changes will have to be huge.

    The most important work we can do at this time is to increase our numbers. We must get as many high skilled immigrants on H1B, EAD, F1, J1, H4 etc visas under Immigration voice. Once we have good support, we can try to work on various projects that helps everyone. We must try to spread the word about immigrationvoice on various forums, websites, communities etc and seek everyone's participation.





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  • grimus
    01-05 09:41 AM
    When I try to go to the thread "Membership Drive Suggestions",

    I get the following message:

    grimus, you do not have permission to access this page. This could be due to one of several reasons:
    1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
    2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
    Log Out Home

    Can the admin sort this problem out for me please?
    Thanks.
    grimus





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  • ashres11
    09-25 02:22 PM
    Message Sent

    Sent to:


    [ Create a category to email this group ]
    cisombudsman.trends@dhs.gov
    joint.intake@dhs.gov
    uscis-complaint@dhs.gov
    Add to Address Book



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  • Help_Us
    06-25 04:21 PM
    Posting my case, in case someone in similar situation is interested.

    Self : PD July 2002 -EB3
    Spouse : PD Feb 2006 - EB3.

    Suggested by our lawyers.
    File my I-485 with spouse as dependent,
    File my spouse's I-485 with me as dependent mentioning receipt notice of first I-485.
    File for only one set of EAD and AP docs. Doesn't matter with which.

    Filing both in July '07.

    The pitfall to that is with the current rush it could be months before you get the receipt and by that time the spouse's date could have retrogressed.





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  • funny
    09-09 06:34 PM
    Posting it in this thread, as this is related to HR5882.

    Make Immigration Work for Working Immigrants

    http://townhall.com/Columnists/CesarConda/2008/09/09/make_immigration_work_for_working_immigrants

    Employment-based immigrants contribute greatly to America, although you would not know it from the way current U.S. policy treats them. Due to low quotas, a typical skilled immigrant sponsored by an American company now waits 6 to 10 years for a green card (permanent residence). The House Judiciary Committee marks up legislation this week to change that, representing likely the only measure Congress may take in the remaining weeks to aid innovation, the economy and the competitiveness of U.S. companies.

    H.R. 5882, authored by Rep. Zoe Lofgren (D-CA) and Rep. Jim Sensenbrenner (R-WI), would reduce wait times for green cards and help retain talented people in the United States. It would do this by providing green cards that had been allotted in previous years but went unused, primarily due to bureaucratic obstacles.

    �A developed country�s competitiveness now comes primarily from its capacity to innovate � the ability to create the new products and services that people want,� according to Curtis Carlson of the Silicon Valley research firm SRI International. Skilled immigrants are a vital source of America�s capacity to innovate.

    The National Venture Capital Association reports that 1 in 4 publicly-trade companies that began with venture capital since 1990 had at least one immigrant founder. While the vast majority of employees at U.S. firms are Americans, when U.S. employers recruit on college campuses they find foreign nationals represent a high proportion of the graduates in key fields. In 2006, 73% of new electrical engineering Ph.D.s in the U.S. were granted to international students, according to the National Science Foundation, while in 2005, foreign nationals received 55 percent of electrical engineering master�s degrees and 42 percent of computer science master�s degrees.

    H-1B temporary visas, which have been exhausted each of the past 5 fiscal years, only allow individuals to stay on a temporary basis, so an employment-based green card is necessary to stay here permanently. The separate quota for green cards for skilled immigrants is set at 140,000 a year (including dependents of the skilled immigrant). That quota has also been insufficient to meet demand, creating waits of 6 to 10 years for a green card.

    The great uncertainty these waits create lead some to give up and leave the United States and others to not even begin the process. The current long waits �cause a reverse brain drain affecting American competitiveness and innovation,� according to Aman Kapoor, executive director of the group Immigration Voice. �At the same time, these green card backlogs create severe quality of life issues for the applicants and their families.�

    Those who understand markets realize that there is no such thing as a fixed number of jobs, as critics of high skill immigration maintain. A 2008 National Foundation for American Policy (NFAP) study found that for every skilled foreign national requested (for H-1B visas) with the Department of Labor, U.S. technology companies increase their employment by 5 workers. Many U.S. executives confirm this experience at their firms. Looking to America�s next generation of scientists and engineers, a 2004 NFAP study found more than half of the finalists for the Intel Science Talent Search, the leading contest for top U.S. high school science students, were the children of skilled immigrants.

    In addition to the reduced waiting times for green cards from H.R. 5882, Congress can take other steps. It can fix the labor certification process for skilled immigrants under which the U.S. Department of Labor (DOL) requires companies to engage in expensive and time-consuming advertisements to show no qualified Americans are available for certain jobs. Neither the law nor the original DOL regulations required such advertisements. Yet DOL is using its questionable authority to, among other things, audit thousands of green card cases from the nation�s largest immigration law firm, Fragomen, Del Rey, Bernsen & Loewy. The Fragomen firm has filed a lawsuit in U.S. District Court alleging DOL has exceeded its authority. Congressional oversight is warranted.
    Congress can also eliminate the per country limit for skilled immigrants, which pushes back wait times for Indian and Chinese professionals, exempt from green card quotas those who earn a master�s degree or higher, and increase the quotas for H-1B temporary visas.

    While H.R. 5882 will not solve all our immigration problems, it represents an important effort to retain talented individuals in America so they can help create jobs and innovation in the United States.

    Stuart Anderson is a former Staff Director of the Senate Immigration Subcommittee and now Executive Director of the National Foundation for American Policy, a nonpartisan policy research group based in Arlington, Va.

    No one is calling anymore?? Please call guys if you have not...Leave a voice message....but call



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  • ajay
    01-05 09:30 AM
    This is really intriguing since nobody has even brought this up. I really welcome this idea and would support fully in all my abilities.





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  • desi3933
    06-16 03:31 PM
    FYI, there will be a manager from TCS/WIPRO/IBM side to whom all these L1s will be reporting... They will "work" with client MGRs but report to employer MGR....

    legal shortcut.

    >> This shows your poor understanding of how an Indian company is being operated
    :D



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  • chanduv23
    09-26 08:26 AM
    I am a big supporter of Obama and a big fan and am eagerly looking forward to see him as our next President of United States. As a legal highly skilled immigrant what can I expect? Well, not sure if I would see myself living here anymore. I have been in the green card queue for more than 8 years now and still waiting. Will Obama's administration do anything for people like me to help reduce backlog? I doubt such a thing will ever happen. I would see myself and people like me discouraged and start packing our bags and move on with life.

    Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.

    The above is very evident based on the fact that Senator Durbin has been very hostile to EB immigrants. I am afraid that Senator Durbin will make the calls when Senator Obama becomes the president.

    Please post your opinions. This is a very important discussion. It is very important that the community see what is in store for us when the new Administration takes charge.

    A lot of folks in the EB community are looking forward to 2009 thinking something will definitely happen. Yes, something will definitely happen - and that may not help us





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  • ItIsNotFunny
    11-25 10:28 AM
    My suggestion is to explore short selling to avoid foreclosure. This will not affect your credit as foreclosure does. And mortgage lenders are going ahead with this option.

    This is true, mortgage lenders will avoid foreclosure fees and still get their money. Just give a shot, try talking to your bank.



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  • NYS_JUNE2002
    10-16 08:29 PM
    Any comments folks?

    http://levin.senate.gov/newsroom/release.cfm?id=285400

    October 16, 2007 Contact: Press Office
    Phone: 202.228.3685

    Senate Approves Levin Amendment to Improve Oversight of FBI Background Checks

    WASHINGTON � The Senate has approved an amendment by Sen. Carl Levin, D-Mich., to improve oversight of the FBI National Name Check Program, which faces a substantial backlog. The program is used to run background checks on people applying for immigration benefits or seeking employment with the U.S. government, among many other purposes. Levin�s provision, which was included as an amendment to the Commerce, Justice, and Science (CJS) Fiscal Year 2008 Appropriations Bill, would require the FBI to report to Congress every year regarding progress made in improving the FBI�s system of processing background checks and automating investigative files.

    �The background check program�s enormous backlog poses an unacceptable burden on people whose lives are on hold, and it also leads to a national security risk,� Levin said. �Approximately 31,000 cases have been pending for at least 33 months. If these individuals are a security threat, we must know that sooner rather than later.�

    According to the U.S. Citizenship and Immigration Services (USCIS) Ombudsman�s 2007 Annual Report, there were 329,160 name check cases pending in May 2007, which is and increase of 93,358 over the previous year. Many immigrants who are applying for adjustment of status to legal permanent resident, naturalization, asylum, or a waiver end up waiting for months or years for the completion of the name check process.

    In 2003, Robert J. Garrity, Jr., then Acting Assistant Director of the Records Management Division of the FBI stated before the House Committee on Government Reform that, �[t]he name check delays have significant consequences to FBI customers and stakeholders. The delays impede hiring or clearing skilled workers; completing government contracts; student enrollment, and�clearing requested visas for business visits to the United States. More importantly than all of the foregoing, these processing delays can also diminish counterterrorism effectiveness.�





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  • Praveen20
    09-12 11:36 AM
    http://www.numbersusa.com/content/news/september-8-2008/vote-expected-wednesday-recapturing-unus.html

    According to numberusa the committe could resume consideration of the bills at it next schedule meeting on Sep 16. So don't stop calling.

    We need to be on the top of the issue with Oct Visa dates.

    Thanks,



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  • garamchai2go
    01-01 08:53 AM
    Hi All,
    I am on a business trip to Chennai and I was interviewed for my H1-B renewal on Dec 6th 2007, unaware of the PIMS as it was not mentioned anywhere on the website that it will take this long to receive the passport. I was granted my visa within few minutes but till date (Jan 1st, 08) I have not received my passport. Was interviewed at the Chennai consulate. It has been heights of frustration as I had to spend all my Christmas holidays and New years at Chennai with all my fly being in US. I was supposed to return to US on Dec19th had to postpone my tickets to Dec 24th and then to Dec 29th. Now finally I have cancelled my tickets as it was costing me $200 every time I modify my itinerary.The US consulate, Chennai keeps on extending the processing time from 3 to 7 to 10 and it has been 15 working days already now, but still no passport in hand. Last week on Friday (Dec 28th) got an email that it might take additional 7 working days, huh ! Good thing is my company is in Chennai so atleast I can go to work or else it would have been really painful.
    Was anybody else interviewed at Chennai during that black week ??? with similar situation ?
    Good luck everybody.

    Interviewed on 6th and got passport on Dec 17th. Luckily we did not have to reschedule our travel. I can feel the pain and frustration of you..God Bless you and good luck with your passport.

    H A P P Y N E W Y E A R - 2008.





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  • kumar1
    08-20 04:50 PM
    Not long ago, I used to get internet through phone line (Dial up connection). Now I get phone through internet. Isn't it amazing?
    By the way, I have been using Vonage for 5 years now and it is a great company.



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  • new_horizon
    01-06 06:26 PM
    I am all for it, and would support it in whatever way possible. Although not sure how it would work. It would require a gigantic change in the US laws.

    I am here for past 11 years paying all possible taxes. Fortunately i was able to file 485 in 07, thru my second gc filing. Bought a house in '06 in a bold move, with the hope that gc would come thru sooner or later. Overall happy with the move to my own house (though the house value has dropped considerably since). Waiting is really painful, but I'll continue to maintain a positive outlook till then.





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  • rajsat
    10-02 12:56 PM
    Hello rajsat,

    By September 28 all the Visas are exhausted(2009 Quota). Please see the thread "September Visa Approvals". Infact some one was saying USCIS stopped issuing GC for the last week as they have used all visas. That may be the case they would have withdrawn approved GC

    But try all the possibilities like SR, Infopass, Congressman, etc and let the local office be aware of Oct Visa bulletin and now are current and visas are available.

    Best of luck

    Thank You! I think I need all the luck in the world.



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  • imneedy
    05-16 01:27 PM
    Do you have F1 stamped or you just changed your status from F-1 to H-4?





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  • pappu
    08-21 10:49 AM
    >> any unused visa should be given to the oldest PD irrespective of Country/Category...
    What is the legal basis to back this claim? Probably this should be included in the letter as well.


    _____________________________________________
    Proud to be an Indian-American and Legal Immigrant

    All of you guys are smart ,highly skilled immigrants.

    Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..

    Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.

    same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
    He left current employer and found another who willing to apply under Eb2.

    Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.

    CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.

    I tend to agree with both.

    You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.

    If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
    Visa recapture is the best option.





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  • jungalee43
    09-14 08:39 PM
    Sri,
    You are putting in great efforts. Thank you very much for the same. Highly appreciated.
    Unless the baby cries and asks for food, mother does not feed the baby. Similarly congress will provide relief only if we ask for it.

    Can somebody please send me the addresses for sending regular mail. I have 30 posters almost ready,. I am checking. I have those 6-7 addresses (Zoe, Director, John, department, etc) but I need many more.
    I want to do this 1st thing MOnday morning. ..

    Thanks,
    Sri.





    krish2006
    04-05 02:15 PM
    Krish,
    If you would like we can interpret it differently....
    The demand data published by DOS for October 2010 show 13,125 prior to 2007 and for April 2011 it is 13,200 which means increase of 75 only + approved cases( since PD did not move)

    Assuming all cases approved from Oct-2010 till March 2011 are porting, means 233*6=1,398.

    In this case total porting is only 1,398+75 = 1,473

    In reality we don't really know how many of the approved cases(1,398) are ported.


    Yes. I agree This is also one way to look at total ported numbers. (Basically it cannot exceed this number. 1,473 serves as upper ceiling)
    At least this analysis serves how much porting really is taking place than coming up with assumptions.





    Hassan11
    05-24 03:41 PM
    Can someone explain to me what is advance Parole and why it is needed?? My lawyer didn't mention it.

    also how long do you have to wait after you get the medical exam done to get the results to file for I-485??? Thank you



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