wellwisher02
05-04 06:05 PM
Agreed...it is personal decision...but for Indians...it is a difficult decision. The way India is growing....People who have lived here for more than 10years...are migrating back....i know a person who left...has warned me...just to earn and get out.....not good for kids future etc....
So...we are all still learning.....
---
In re personal decision, I stay away from commenting on it any further.
Many members of IV, like me, are speaking in ONE VOICE on immigration reforms, including expeditious processing of GCs.
That should be the primary focus of threads, talking about H1B and GC issues. I don't mean to offend you, dear friend, since I'd like to be in the company of people who're going through frustrating times and fighting for GC reforms thru IV.
So...we are all still learning.....
---
In re personal decision, I stay away from commenting on it any further.
Many members of IV, like me, are speaking in ONE VOICE on immigration reforms, including expeditious processing of GCs.
That should be the primary focus of threads, talking about H1B and GC issues. I don't mean to offend you, dear friend, since I'd like to be in the company of people who're going through frustrating times and fighting for GC reforms thru IV.
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aadimanav
08-19 07:53 PM
I am from Minnesota and senators are Norm Coleman and Amy Klobuchar. The reply I got was from Amy Klobuchar.
Can you paste here the exact reply?
Thanks,
Can you paste here the exact reply?
Thanks,
wandmaker
12-16 11:27 AM
See really ..my ignorence on this option ( of making smaller contribution using paypal- donations@immigrationvoice.org )... is probably why some of the guys I have spoken to at work have also not contributed yet..though they all visit and adhore the IV effort..
Now you know how to contribute smaller amounts to IV - contribute the smaller denomination regularly or whenever possible and spread the word. So both IV and you can benefit from this. Thank you.
Now you know how to contribute smaller amounts to IV - contribute the smaller denomination regularly or whenever possible and spread the word. So both IV and you can benefit from this. Thank you.
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zen
04-05 06:29 PM
actually more meaningful campaigns spearheaded by core will make people donate more.
right now some members are saying that the donations being made is for lobbying.
how much does that cost ? how much is needed ..more information is needed.
say if lobbying costs half million and every month we are able to raise 10K ..then it will take 5 - 7 years just to raise that amount
right now some members are saying that the donations being made is for lobbying.
how much does that cost ? how much is needed ..more information is needed.
say if lobbying costs half million and every month we are able to raise 10K ..then it will take 5 - 7 years just to raise that amount
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485Mbe4001
05-13 02:39 PM
After you wait for 7-8 years in your category for your visa your thougths will change. I have MS from an american university + work experience. Our lawyer decided to file EB3 in 2001, they convinced the company that EB3 is easier to get approved. i am still waiting for my GC, in the mean time i have gained a lot of experience, i am still an EB3 for USCIS. There are many in a similar position.
People talk about unethical practices etc. i feel that they ones who jumped the queue and used agressive lawyer already have their green cards. Most of my friends are already thinking about citizenship (and ROI after USC..that is a different forum :)).
Its people working in multinational companies who follow the law by the book are the ones who get screwed, its just my observation and opinion ..good or bad, i dont know...
When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
People talk about unethical practices etc. i feel that they ones who jumped the queue and used agressive lawyer already have their green cards. Most of my friends are already thinking about citizenship (and ROI after USC..that is a different forum :)).
Its people working in multinational companies who follow the law by the book are the ones who get screwed, its just my observation and opinion ..good or bad, i dont know...
When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
chanduv23
09-19 03:40 PM
Here is my dilemma--
MY INFO---
Occupation -- Physician
EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007
I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:
-New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)
-New company can only give me a generic letter for employment (EVL) ---
"To whomsoever ---etc..it may concern..and only briefly describing my title and job description"
--- My questions to respected IV members
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
If you are past 180 days after filing 485 you can change jobs using H1b transfer or EAD. If you use EAD it does not matter if it is profit or non profit.
Your new employer can send letter in any format, but 99% chances that your AC21 will never reach your file - because there is no system in place for it. USCIS treat AC21 letter as response to an RFE - so if you change job you are fine - make sure you update your address on file so that if they send an RFE, you can respond to it, always use a lawyer for everything. In case your ex employer requests USCIS to revoke your 140 then you may get a NOID which is also treated as an RFE. A lot of Visa Officers do not know about AC21 portability - I met one such officer during Infopass and she had no clue about it - may send a denial on 485 - in such cases your case can be reopened through MTR.
You may not even get an RFE at times and things could just be as fine. Hope this helps.
Also consult with an Attorney - it really really helps
MY INFO---
Occupation -- Physician
EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007
I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:
-New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)
-New company can only give me a generic letter for employment (EVL) ---
"To whomsoever ---etc..it may concern..and only briefly describing my title and job description"
--- My questions to respected IV members
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
If you are past 180 days after filing 485 you can change jobs using H1b transfer or EAD. If you use EAD it does not matter if it is profit or non profit.
Your new employer can send letter in any format, but 99% chances that your AC21 will never reach your file - because there is no system in place for it. USCIS treat AC21 letter as response to an RFE - so if you change job you are fine - make sure you update your address on file so that if they send an RFE, you can respond to it, always use a lawyer for everything. In case your ex employer requests USCIS to revoke your 140 then you may get a NOID which is also treated as an RFE. A lot of Visa Officers do not know about AC21 portability - I met one such officer during Infopass and she had no clue about it - may send a denial on 485 - in such cases your case can be reopened through MTR.
You may not even get an RFE at times and things could just be as fine. Hope this helps.
Also consult with an Attorney - it really really helps
more...
immigration1234
03-17 02:27 PM
That would be a great idea and thats true!
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AZ_GC
08-22 06:44 PM
Here is what i think ........USCIS works and approves according to RD till 140/485 approval. After this they hand over the case to DOS for visa issuance who work according to PD when allocating visa numbers. Correct me if i am wrong.
more...
smisachu
10-05 04:22 PM
They are also called, as we were informed in the DC rally as the "NNP"...
No nothing party...lol
Good Joke :)
GOP = Grand Old Party (Republican party)
Although historically Democratic party is much older to RP
No nothing party...lol
Good Joke :)
GOP = Grand Old Party (Republican party)
Although historically Democratic party is much older to RP
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gc101
07-19 02:34 PM
My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance
If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!
gunsnkars/raj2078 or anybody,
Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.
Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.
Please remember that my fiancee is already on H1-B currently in India. I am from India too.
Thank you,
gc101
If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!
gunsnkars/raj2078 or anybody,
Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.
Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.
Please remember that my fiancee is already on H1-B currently in India. I am from India too.
Thank you,
gc101
more...
jkays94
04-26 01:42 PM
BTW, I want to use this opportunity to thank IV members virtual55, jkays94, and cpolisetti for setting this whole ball in motion.
You're most welcome, a big thank you to the core team for having followed up and for doing what was necessary to turn this into reality. I have shared the article with some of my colleagues, and they all agree that the article hit the nail on the head in as many words in regards to the problems that we all undergo as GC and LC applicants, problems that the public at large does not know about and would not otherwise not have knowledge about were it not for IV. Lets keep up the team spirit, the momentum and steer IV to even greater heights! We can do it and we certainly will.
You're most welcome, a big thank you to the core team for having followed up and for doing what was necessary to turn this into reality. I have shared the article with some of my colleagues, and they all agree that the article hit the nail on the head in as many words in regards to the problems that we all undergo as GC and LC applicants, problems that the public at large does not know about and would not otherwise not have knowledge about were it not for IV. Lets keep up the team spirit, the momentum and steer IV to even greater heights! We can do it and we certainly will.
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chennaigc
08-05 12:13 AM
Very true, I will be a SENIOR CITIZEN pretty soon.
..pretty sure YOU have B.P too . What pills you are you taking?
..pretty sure YOU have B.P too . What pills you are you taking?
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ganguteli
03-02 11:12 AM
here is one way we can bring attention to this issue without spending a dime and without travelling hundreds of miles to DC
there is a blog on Reuters about housing ..just post your messages ..the more the merrier. here is my post.
http://blogs.reuters.com/great-debate/2009/02/26/first-100-days-a-fix-for-the-housing-crisis/
-----------
Thanks
Oh really?
So you think writing some annonymous comments on some website will be a good campaign to draw attention?
So you will not contact any reporter for your idea. You will not want to travel to DC or meet any lawmaker with your idea. You will only write annomymous comments and blame IV.
I wish campaigns were so easy. I feel the reason why you are not serious is because you already have EAD.
there is a blog on Reuters about housing ..just post your messages ..the more the merrier. here is my post.
http://blogs.reuters.com/great-debate/2009/02/26/first-100-days-a-fix-for-the-housing-crisis/
-----------
Thanks
Oh really?
So you think writing some annonymous comments on some website will be a good campaign to draw attention?
So you will not contact any reporter for your idea. You will not want to travel to DC or meet any lawmaker with your idea. You will only write annomymous comments and blame IV.
I wish campaigns were so easy. I feel the reason why you are not serious is because you already have EAD.
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Hassan11
09-07 12:16 PM
Hi
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
more...
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gc101
08-03 05:46 PM
I am one of those guys who are UNHAPPY about the freak mistake by USCIS to make everybody CURRENT. If this had happened two months later, I would have been fine (and somebody else would have been waiting to get married soon).
You wouldn't believe how happy I was that USCIS backed off their mistake and I thought I still had some time to get married. I know this is a little selfish, but, I wasn't gaining anything when USCIS made everybody CURRENT.
I-485 filed today anyway.
You wouldn't believe how happy I was that USCIS backed off their mistake and I thought I still had some time to get married. I know this is a little selfish, but, I wasn't gaining anything when USCIS made everybody CURRENT.
I-485 filed today anyway.
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qasleuth
05-02 02:37 PM
Ok , it may not be right thread to discuss everything here... but
What I am saying is, instead of spending N years waiting for GC, I guess we lead better life elsewhere!
Where else, in our home country... but that reminds me of descremenation again!!
So I thought of place which is not in high demand yet... africa...!
I always believe in making things happen, in stead of waiting for someone doing it for me!!
hebbar77,
Firstly, you are making an assumption that everybody here is from India. Secondly, justifying your statement by giving simplified explanation would not suffice. You suggested buying a country in Africa alluding that countries are up for sale which is quite insulting as suggested by an earlier poster.
What I am saying is, instead of spending N years waiting for GC, I guess we lead better life elsewhere!
Where else, in our home country... but that reminds me of descremenation again!!
So I thought of place which is not in high demand yet... africa...!
I always believe in making things happen, in stead of waiting for someone doing it for me!!
hebbar77,
Firstly, you are making an assumption that everybody here is from India. Secondly, justifying your statement by giving simplified explanation would not suffice. You suggested buying a country in Africa alluding that countries are up for sale which is quite insulting as suggested by an earlier poster.
more...
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waitforgc1
06-12 11:57 AM
Ron Gotcher said something similar... they may be trying not take any more
applications from 2000-2009 until they finish the backlog. That may be one of the
reasons why they may have retrogressed to 2000. Just my 2 cents.
applications from 2000-2009 until they finish the backlog. That may be one of the
reasons why they may have retrogressed to 2000. Just my 2 cents.
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sunny1000
07-09 02:57 PM
Aaj nahin uthogey toh kab uthogey....
means.....
If not today, when shall you wake up????
Thanks
means.....
If not today, when shall you wake up????
Thanks
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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?
genscn
08-22 03:57 PM
will USCIS only issue EAD after I-140 gets approved in case where I-140 is pending during I-485 filing?
Devils_Advocate
03-22 11:17 PM
As per 2006 and 2007 CIR, only illegal immigrants get green card easy. Legals like us - it will become even more difficult. read the text of previous CIRs and new CIR will not be different. Below is the text, it clearly excludes legals from legalization. Hope I would have been daring enough to be illegal. Definately, illegals are the vote banks and they get all the attention.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
relax, no CIR will ever pass in the next few years
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
relax, no CIR will ever pass in the next few years
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