Monday, July 4, 2011

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  • seekerofpeace
    08-21 11:24 AM
    kpchal2,

    Your case may be preadjudicated.....(if at all that is actually true)....yet it does not stop USCIS from sending an RFE for anything especially it has been over a few months since they last saw ur case....and once an RFE is issued you again go back in the list and the wait continues to next year when the window again opens for a short time.

    It is absolutely nonsense that preadjudicated cases are in a pile waiting for visa number...this is from my attorney....USCIS can issue n number of RFEs.....and each time it is issued it furthers the chance of green....

    SoP





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  • pritesh80
    05-17 01:31 PM
    Does one need to be on an F1 (students) visa to get an assistantship?? Can one work only on university campus while doing their assistantship?? If not where is one eligible to work on assistantship & what type of jobs are available?? My wife is planning to do her CPA on an H4 visa, can she work on assistantship while pursuing it??�Please respond.

    I am sorry...I do not have too much info abt the H4 visas...Actually I am not sure whether she can do an assistantship on H4 only because it is not a visa on which you can get paid any compensation for work...Isnt the institute where she is doing her CPA sponsoring her F1??





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  • bkarnik
    03-09 05:33 PM
    $25 sent in.





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  • brb2
    02-04 11:58 PM
    Having diversity AND country quota for skilled employment is affirmative action gone waco. EB skilled immigration is to allow businesses to hire foreign labor for jobs they can't find American Citizens. Now to restrict businesses to discriminate based on the country of birth is just riduculous. Next do Universities apply affirmative action to their international student recruitement?

    Indians and Chinese make up the largest group of international students in Engineering and Science. US citizens make up less than 50% of those graduating in Science and Engineering in Master's and PhD programs. Now businesses should not be penalized if they can't fill their highly skilled jobs with Iranians and Tongans and any other ROW countries.

    We have a diversity lottery for nationals of those countries who would not make it out on merit and need a leg up. There may be a few Indian consulting companies who favor Indians, but they are the people who pay wages and know best. Similarly just because Americans prefer to buy Japanese cars we can't create an "affirmative action" and prevent americans from buying Japanese cars. We can't prevent walmart from stocking chinese products. So why force employers not to hire Indians and Chinese through creating quotas for highly skilled jobs?

    No meaningful immigration reforms can be achieved as long as skilled immigration is based on country quotas. Next we know there will be quotas for marrying foreigners to add to diversity. If you marry a mexican there is retrogression but if you marry a citizen of Vanuatu then green card is processed in ROW:)

    I was just making my point how ridiculous it is to have quotas for skilled immigration but not for others including asylum cases.


    How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.

    Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.

    However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.

    In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.

    Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.

    In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.

    If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.



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  • Bharam
    12-19 01:55 PM
    Contributed $100.

    Good luck





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  • paskal
    12-18 06:13 PM
    thanks! you are showing the way forward to all our fellow members :D

    now we are 6!
    pappu, is there a way to add a counter here? that way everyone can see the number of contributors growing?



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  • ragz4u
    04-20 09:14 AM
    Even during the recess, we were talking to the staff of a ton of senators. Most of the time the senators' staff are interested only if someone from 'their constituency' is also affected. We always say we have a ton of folks from each state, but nothing works like a real example.

    For example, when we speak to say Senator Kennedy, it helps us to present the story of folks affected by retrogression and living in say Boston, MA. That way, the staff has some incentive to look into this and get hooked immediately.

    Since time is short this time, we need all the stories from each state to make our case.

    As promised, we will not reveal your story to media if you do not want to.
    Though there is no harm to reveal one's name in media as can be noticed by the folks featured in the Roll Call article, Philly Inquirer and News Observer.

    We will just concentrate on the crux how you are suffering because of delays such that even if your boss reads this story, he will not be offended or put off (Read our members stories in the three articles I have mentioned, none of it can get the IV members in any trouble at all).

    At the same time we understand that you might have reasons to remain out of media and we will fully respect that.

    But please send in your stories so we have a convincing story to make our case.....





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  • rajnag21
    07-21 12:48 PM
    Yes; he was out of status from March 2003. However; he had a valid I-94 card until February 2004. He didn't have a valid I-94 from February 2004 until april 2004.

    once;he left and re-entered then the out of status time was finished. Since he didn't overstay his I-94 card by more then 180 days then he is not subject to the 3 year bar.

    If his I-94 card expired in March 2003 then he would have had unlawful presence from that date forward and since it was more then one year then he would have been subject to 10 year bar.


    UnitedNations,
    I know I should be asking my lawyer this but what if i94 has been expired from past 3 monthsi.e., from april 2007 , the person has applied for seventh year extension of h1b visa in feb 2007 but it has not come through yet, and they have already done concurrent filing of 140 and 485 in July.
    In this situation what does the person (with h4 dependent in the same situation) do ?
    Is this a solution:
    Make h1 premium now and get the 797 approval, wait for 485 receipt and then go to Canada for getting h1 visa stamping and new I94 card ?

    Please advise. Appreciate any suggestions you can give with your limited time :)
    Is there a better solution ?



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  • hopefulgc
    09-12 11:37 AM
    Please do not forget the guywho sets the visa dates.. think he is called charles Oppenheimer or something.
    He is the one who needs to look at the past visa dates and go "USCIS.. I need stats to predict this more uniformly and fairly"

    And we need to raise stink about this since he is not doing his job properly .. or maybe he just doens't realize the ramifications of his actions


    Just created one more poster.
    http://docs.google.com/Doc?id=dd4vkcmm_132g6jcsffz&invite=hczhh8x
    One of the persons should be Director USCIS.
    One letter/poster to each service center.
    One I think should be President of US.
    Another place could be CNN, FOX news etc.
    Another one could be Congressmen
    If we have our blogs , we can post them there also.





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  • krishnam70
    07-03 02:25 PM
    Ok



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  • angelina
    07-17 07:29 PM
    http://www.youtube.com/watch?v=M-QfLJbEN3k

    Thankyou for standing by us.





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  • Tortoise
    08-12 03:03 PM
    Pls use this site for any issues and their resolution, Not to create despair and panic with your posts..Eb2 or Eb3 are mostly employer's choice rather than your skills in most of the cases if you work for a desi company. Doesn't mean that Eb2 is not higher than Eb3.

    Pls dont discourage or devide the community.



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  • perm2gc
    07-17 07:00 PM
    Friends. you have today witnessed what our collective strength can do and it is time that we spread a word about immigration voice and encourage your friends and families to join as a gratitude to IV .Please don't forget that the root cause of the problems still exist and we have to achieve it.





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  • alisa
    02-02 08:45 PM
    Can someone please explain in more detail how visa numbers are divided up.
    For example, if you have 140K visas, how many go to
    EB1
    EB2 ROW, EB2 India, EB2 China, EB2 phillipines
    EB3 ROW, EB3 Indian, EB3 China, EB3 Phillipines.

    What happens with EB1 has unused visas? How do they flow?
    What happens with EB2 has unused visas? Where do they go?


    An illustrative example would be great.



    Visas are divided equally -country wise quota - no country can have more than 7% of worldwide quota. Countries like India, China, Mexico, Phillipines that have more professionals in the USA. So these countries get retrogressed. EB(Employment based) greencard applicants from these countries have to wait.
    Rest of the world (ROW) EB2 (ROW) do not have to wait, their dates are current.



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  • santb1975
    11-20 02:42 PM
    and come up with the next milestone?...Anyone? Anyone?. I am sure there are lots in IV :confused:





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  • Goodintentions
    04-14 02:50 PM
    Looks like this idea has come out of mere frustration. Do you know how many people want to immigrate to the USA? Do you know how many people are waiting in line? Do you think it is correct that only EB-immigrants should be given preference? Why because USA needs all of them? While I have used "you" in the previous sentences, I don't mean just you....rather "we".
    If you have time-bound path to immigration, then right now, the whole Federal Govt. and all employees will have to work only on getting the immigration files cleared. Under current circumstances, I think the current system will get you a GC faster than if they switched to "time bound" today. Do you realize, how many people will suddenly be suing the Govt. for delays? There is no country which guarantees time-bound path to PR.
    While I forcefully oppose the DREAM ACT and CIR, these did not give time bound GCs but only allowed illegals to convert to legals and in time APPLY for GC if they become eligible.
    ================

    Thanks for your comments.

    I honestly do not understand why you seem to be opposed to this approach to alleviate the sufferings of so mant EB3 (esp) and EB2 friends. Discussion and debate are always good.

    Here are a few facts:

    1. Most of the advanced countries in the world - UK, Australia, NZ, Switzerland, Singapore and some Scandinavian countries offer a time based path to residency and citizenship for the educated class of people who come through the proper channel to work

    2. In Canada, Australia, NZ (there could be other countries, but I am not sure) people can apply for a PR based on their OWN education and experience. They are not held hostage by their employers and harassed for ages. It is happening here because the lobbies are very powerful and are supported financially by the corporations to serve their interests. The system has been craftily designed to ensure long term indentured labour

    3. In the entire scheme of things the real beneficiaries are the employers and the law firms

    4. The system would be streamlined and the work of the government would become much simpler and faster. This is the way governments works in several western countries who offer a time bound programme

    5. Every month our EB friends need not stare at the bulletin with great expectations and waste their time

    6.Everyone can plan their future better. (I do not think I need to explain this)

    Best wishes and thanks for your post..



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  • gsc999
    06-15 12:57 PM
    It was inspiring to see some of the returning folks from 2007 and also to see a lot of new IVians/ IVers. Hats off to you all for your service to this good cause. May god bless America and may god bless you all.

    We have come a long way since Aman a few other brave folks came together to form this group in 2005. Only in America can a truly grassroots organization unite diverse people from different countries, backgrounds, genders and race allowing them to feel empowered and showcase their issues and problems to the venerable American institutions like the Congress and the Senate. Unfortunately, issues faced by the High skilled legal immigrants have been a low priority. As future Americans, only thing we can do is make them aware about our issues. Hopefully, the lawmakers will act, sooner than later, in American interest to salvage the sinking oil well of legal immigration system.

    A few brave souls whispered about the current financial crisis before it arrived at the American shores but we all ignored those pleas and warnings. Here we are again. This time the stakes are higher, it is not just about our green cards but it is about American competitiveness and American values. Will the next generation of Americans be able to look each other in the eye and boldly say, yes, we can do the right thing. Our principles were tested but we did the right thing. It took time but we did the right thing.
    As legal high skilled immigrants we can do so much. Provide facts to counter opinions. Organize advocacy events to counter demagoguery. Hopefully, all this will become sweet nostalgia where we all reminisce about the long hardships we braved and in the end the American dream did turn into a reality instead of a nightmare like the BP oil spill.

    I just heard that a friend moved to Canada, Toronto. He had a baby last year. I was excited for him then. Now, I feel sad, not because I lost a close-by friend here in America but because he always did the right thing. Always followed the rule of law worked hard but in exchange he left empty handed from this great country where he had come to make his fortune and contribute in many ways through his talents to this land. All because of the currently broken legal immigration system.

    Economic scenarios are changing. Top talent is becoming a scare commodity. Laws of demand and supply will eventually win. Resource and talent hungry countries are starting to compete among themselves to attract and retain the best and the brightest. The canary in the coal mine is singing softly but hopefully the miners are listening.





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  • ksam75
    07-17 07:01 PM
    You guys are awesome. This is a great victory !!





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  • deecha
    08-10 10:07 AM
    My case has some similarities, except marrying an American and divorce, but I was out of status for a long time and I thought there was no hope at all. One of my former clients offered me a job and sponsored my h1 of course. I went home and have my new h1 stamped and came back. I was out of status probably for more than two years. Now, I just got my receipt for July 2 485 application. My PD is April 2006. I'm read people are talking here that when you re-enter on a new h1, your previous out of status "status" will be irrelevant.

    My opinion is that you should be fine. Just make sure that you've nailed everything down correctly on your G-325A.





    jsb
    08-21 01:29 PM
    Are these RFE's genuine RFE's? I mean, some doc missed, improper or bad copy, etc? Or, if you changed job, or city where you live? Or, just to re-confirm your job offer? Just want a sampling of RFE where they appear to be non-genuine, for my education.





    jsb
    08-18 09:53 AM
    Just an observation - There always seem to be a gap of 2 months between Receipt date and Notice date.

    So for July 2nd filers, there notice date would be September 2007. But they all got GC last yr when they made it current till 2006 PD. However processing times arent Sept 2007 even now which makes me believe its the receipt date?

    What do you guys think.
    No, it is not always a 2 month gap. Normally RD (on your receipt), the data entry date (you see online as "your case was received on..."), and ND should be in quick succession. It was only in July/Aug 07 when due to high volumes many cases (including mine) waited for data entry for months, as no center wanted to accept that additional responsbility. Those whose cases were entered in July/Aug 07, became ahead of those whose cases were entered in Sept and Oct 07, no matter when they filed or what their RD (as on the receipt). People with PD in 2005 and 2006 who got GC last year were those lucky ones who cases were entered in the system in July, Aug (and may be some in Sept) 07.



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