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  • chapper
    07-24 10:45 AM
    To the best of my knowledge - she will be in status as long as her H4 application is pending or even AOS pending and also her post OPT is 60 days as mentioned earlier..

    My wife's H4 is pending. I applied AOS for both of US. Her OPT expired on 7/11. How long can she be in status until she gets H4?pls advise me!!!!!!!!!





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  • desi3933
    03-17 07:21 AM
    Did you just say "Just because people are not getting green cards does not mean wastage":D

    That is exactly why we need to understand the process.

    Have a look at visa numbers issued to EB category for the last 5 years and decide for yourself if visa numbers were wasted. I hope this helps with your "anxiety".

    Year 2005 2006 2007 2008 2009
    EB-All 246,877 159,081 162,176 166,511 141,020
    EB1 64,731 36,960 26,697 36,678 40,978
    EB2 42,597 21,911 44,162 70,046 46,034
    EB3 129,070 89,922 85,030 48,903 39,791
    EB4 10,133 9,539 5,481 9,524 9,999
    EB5 346 749 806 1,360 4,218


    _________________
    Not a legal advice.





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  • chanduv23
    07-29 01:48 PM
    In that case, employers should mention the following in the offer letter

    " In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

    This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
    Can these companies do this????

    Though it is unfortunate, I don't think you are understanding stuff right. If you think you have a case to fight, go ahead and do it. Consult an employment lawyer and see what can be done.

    Anywhere in the world, it is always the employer who has the upper hand and you fight only if you are capable of.

    It looks to me that you are venting out on the employer on this forum because you feel decieved or cheated, but the reality is that, it is just an unfortunate situation for you and all of us go through bad and frustrating times.

    There are some companies who have filed EB1C left and right and employees got GCs in few months, there are companies who file EB3 for most qualified and that too when in 5th year.

    A lot of physicians get future offers while they do fellowships etc... and the employer actualy files directly for GC and these folks get GC by the time their fellowships are over and they start work immediately.

    Work with the situation, work with your employer, look for options, try to infleunce the system to make process better .... along the way you will see that you can achieve a lot by being positive about things.

    Try to "Make things happen" rather than expecting things to happen, because things change and we all know "change is constant"





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  • psaxena
    06-08 07:10 PM
    10 yrs???? what are you talking about, the pace at which we are going right now.. minimum 200 yrs+- 6 months:confused:


    My labour cleared in 2009, i guess i need to wait for 10 yrs more !!!, not good , not good at all :eek:



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  • kumar1
    05-15 05:34 PM
    I also know cases where during the time of campus placement, all A grade companies required US citizenship/Green Card status. Imagine doing a 100K+ investment and then listening to this crap - ooops you do not have GC......right now we are not sponsoring H1-B...........

    The way I look at it - Unless I have GC and the freedom to move around in any job or any area, what is the point doing MBA? My hands are still tied with H1-B tag. It is like buying a race car and driving it on an unpaved road. Fee free to disagree.

    And I totally understand that GC can take 10+ year if not more.



    Sometime ago , I had seen Jack Welch's comments on this ( the last page in Business Week ) where he had mentioned that he respected people who have an online MBA bcoz of the fact that these people were handling a family , kids , a full time job and education, no mean feat ... and that he did not consider their MBA less than another MBA.

    To the person, who commented about their CIO being from Univ of Phoenix, I worked at a biotech where the CFO was an MBA from Golden Gate University ... You don't want to know where the company went.





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  • vagish
    04-04 02:40 PM
    It is true. But either Corporate America or Lawyers does not want to address the issues raised by Unions or anti immigrants. They want free ride and does not care about working class. No bold leadership in congress to address both sides issues. Congress members are siding with any one of two groups. Everyone knows that compromise will easily pass. But compromise will not give free ride to any group. Basically moderate H1b and GC increase with protection to US workers without wage pressurw will get most of the congress support. Even with illegal immigration also it is easy to pass if they give citizenship to existing people and allow more workers with complete protection to US workers without wage pressure will get most of congress support.
    the reason why Mccain and kennedy partnership failed, because kennedy wanted to put the fair wage clause into the bill so that futurue employees can
    atleast get the prevaling wages( it makes sense logically ), but republican Mccain didn't like it because they want employer to pay what ever they feel like,
    if that happens you will see that in future the quota for low wage workers will also get filled in one day as we saw with H1B's yesterday, and then even 400000 for semiskilled workers would not be enough.

    Iam not saying H1B get paid less, but there is lot of abuse going on,
    1500000 application just on aptil 2 tell you a lot of things, no matter how much demand is there, it is outrageous.

    when american people see that corporate america wants quota less h1B , they going to be on the streets just like illigals were last year.

    thanks



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  • gnrajagopal
    07-28 01:23 PM
    Would you be offended if your picture is put on toilet seat??

    Are you ever offended by the sculptures that are engraved on the temple walls. women are potrayed in a very sensual way on these sculptures. i sometimes wonder that would have happened if those artists had the medium of vedio in those days? temples walls would have been.... well lets leave that to imagination





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  • bestofall
    07-30 12:13 PM
    URGENT UPDATE: HR5882 scheduled for tomorrow - PLEASE CALL

    --------------------------------------------------------------------------------

    House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.

    Majority Members (Democrats)
    Member Name DC Phone
    Luis V. Gutierrez (D-IL) 202-225-8203
    Howard L. Berman (D-CA) 202-225-4695
    Sheila Jackson-Lee (D-TX) 202-225-3816
    Maxine Waters (D-CA) 202-225-2201
    Bill Delahunt (D-MA) 202-225-3111
    Linda T. Sanchez (D-CA) 202-225-6676
    Artur Davis (D-AL) 202-225-2665
    Keith Ellison (D-MN) 202-225-4755
    Anthony Weiner (D-NY) 202-225-6616

    Minority Members (Republicans)
    Member Name DC Phone
    Steve King (R-IA) [Ranking Member]202-225-4426
    Elton Gallegly (R-CA) 202-225-5811
    Bob Goodlatte (R-VA) 202-225-5431
    Dan Lungren (R-CA) 202-225-5716
    J. Randy Forbes (R-VA) 202-225-6365
    Louie Gohmert (R-TX) 202-225-3035



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  • kaisersose
    02-20 05:31 PM
    I had done some calculations long ago, it guestimated that 5~6% of people are registered with traciitt.

    One guy recently posted on that out of 30 AOS applicants in his company only 2 had entered their info on .

    That would be 6.67% Which is close to the results of your calculations.





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  • prioritydate
    12-20 07:03 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html



    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.

    Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.



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  • perm2gc
    01-11 03:12 PM
    http://discuss.ilw.com/eve/forums?a=tpc&s=691603441&f=902603441&m=53410452831&r=53410452831#53410452831

    http://www.visaportal.com/forums/topic.asp?forum=18&topic=191





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  • Desertfox
    12-10 07:01 PM
    I am on L1 & my I-94 is expiring in a month from now on 11 Dec 2007 . I have applied for my L-Extenstion and is pending for approval.

    Given this case - can my wife apply for a EAD with the current L1 approved document (expiring on 11 Dec 2007( and add my L-Extension approval papers later on?

    There seems to be a three month delay in getting the EAD - hence wanted to initiate the process earlier and not till my L-Extension papers come-in

    Please help me ASAP.

    Sriram

    My spouse got EAD from similar situation. Your wife should file I-765 for L-2 based EAD along with the receipt notice (I-797) of your I-129 (L-1 extension application). She should mail a I-765 hardcopy application to USCIS. USCIS will get back to you with RFE after 45-60 days for your I-129 approval notice (i.e. principal applicant's L-1 extension approval). BTW... hasn't she already filed for I-539 this way?



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  • mallu
    06-20 02:54 PM
    PD Nov.2002 India EB2( original labor ).
    I-485 RD Jul 2006 . AD : June 2008.
    Waiting for actual card...:D





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  • Lollerskater
    10-20 01:11 PM
    Highly Skilled workers:

    Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.

    Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.

    Increase available green card numbers to reflect employer and employee demand.

    Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.

    Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.

    The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.

    It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!

    Do you really believe what that website says? Seriously? You don't think that's a little to targeted towards pulling our heartstrings? With no solid action plan to back it up? Just like a hooker ad on the freeway?

    John McCain does NOT know how to use a computer. That webpage has been designed, scripted and QA'd to specifically get that reaction from you.

    The Republicans have been using this tactic for the past 8 years. They pretend to cater to your needs and then leave us shortchanged. Eg. WMD. Terrorism. Did that benefit us, really? Do you feel safer? Or do you feel just about the same except that gas has gone up about 300%, food 200%, unemployment 5%, housing market crumbled and economy about to "crater"?

    He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?

    Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.

    Have you had a look at the candidates' actions though? Barack has been realistic and truthful so far. He's went a gotten a good VP to back up any inexperience he may have. He's been addressing issues at hand, and I can't really fault him for ignoring the immigration scene when the financial scene has gotten so bad.

    McCain has been a total disaster. Sarah Palin? Really? At McCain's age, if anything untoward happens to him, she'll be your president. She'll be taking care of the mortgage sector and finance on wall street. All those companies the govt bailed out? Yes, she'll be taking responsibility for all those. Is that really where you want to spend your GC life in?

    On top of that, McCain has been acting erratic and weird. He's suspended his own campaign, gotten his crowd so rowdy that he got himself booed by his supporters, refused to look at Obama in a debate... is that how a maverick works? Is that how a tried and tested veteran behaves?

    And then he's done the Bush thing again. Flat out lied to everyone to benefit himself. See David Letterman's case, where he stood the poor host up.

    Folks, look at the BIGGER picture, and not your own selfish needs. There is no point getting a GC to a land that was not the one you had in mind.



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  • sunny1000
    09-19 11:47 PM
    Whilst in general a name change does sound like a good idea, we have spent a lot of time and money making sure that Immigration Voice as an organization is known.

    It makes no sense to through that away

    Good point...

    One thing we can do immediately is to add the words " An organisation of Legal Immigrants" or something to that effect under the globe which says immigration voice on it on the top left corner of the web page. This will immediately make know of our status to those who visit us..Just my 25 cents...;)





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  • zuhail
    03-10 11:54 PM
    If we put the word H1B in the Visa Re-capturing bill, the bill would be doomed. As few have rightly pointed out, it would be taken out of context probably advertised and interpreted as increasing H1B visas.

    If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".

    If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.

    If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.

    IV team please start the fund raising for re-capturing visa numbers. Thanks.



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  • mps
    07-23 04:58 PM
    My attorney has specifically advised us that we don't have to file again. My application reached NSC on July 2nd.

    Continuing on this forum with more generic title
    http://immigrationvoice.org/forum/showthread.php?t=10383

    Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog

    Greg Siskind is reporting the following about July2nd rejection here
    http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html

    part of above post --
    USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
    USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
    For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.





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  • Jaime
    02-19 12:27 AM
    Guys, this looks good. It is NOT for illegal aliens. Paragraphs (c) and (d) state that the alien must be admissible as an immigrant (i.e. not have broken the law by being an illegal), read paragraph (d) here:

    "(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."

    Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.

    So, stop sending those letters opposing this bill, and instead let's support it!!





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  • akilhere
    10-21 02:43 PM
    I replied to my RFE last Friday and the status changed to Reponse Review. I got a soft LUD yesterday. Nothing after that!





    ezee
    10-16 05:45 PM
    I clearly mentioned each of the following country and category. To make sure, I also mentioned that we do not need combined total of pending AOS applications. If the request is ambiguous or means different things to different people,please let us know and we can make needed modifications asap. Are you recommending to hand out a blank tabular format .to USCIS FOIA?
    I personally think there is a possible ambiguity in the request (especially since we are dealing with a government agency). So we should probably bullet point the data we need at least and if people don't think there is any harm in putting in a table for the format of data needed that will make things very clear. I agree with you that breakdown of quarter/month is probably not needed and might actually hurt our chances of getting the answer within reasonable amount of time.





    53885
    08-15 08:51 PM
    If people were not busy preparing for Sept 18th DC rally, this thread would have been 20 pages plus, but if you REALLY want to discuss some thing then here it is........

    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) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
    � As per USCIS Ombudsman report
    o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
    o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
    o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
    � There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
    � So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
    � FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
    � 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.
    � The laws need to be changed and the process improved to fix the situation.
    What does it mean?
    � There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
    � Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
    � Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
    o You will have to stop working, if your EAD is not renewed in time.
    o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
    � You have 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 and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
    Immigration Voice (IV) Executive and Legislative Efforts
    � Lobbying is an efficient tool to influence law and rule making.
    � IV was very active in lobbying for CIR 2006, which was passed in Senate but failed in House.
    � IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
    � Due to upcoming presidential elections, next congress session in October�07 may be our only window of opportunity for several years to influence the lawmakers.
    Your options:
    a) Struggle for several years.
    b) Leave USA
    c) Help yourself by joining IV.



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