H1bslave
11-19 03:35 PM
Its okay, some folks do not see in-direct benefit to them, but once they see the value they will stop complaining. We shouldn't just stop due to opposition. I agree this doesn't provide direct benefit to all and it is expected that people will oppose. It is the nature of human being, I bet if you start a debate over EB-2 & Eb-3, lot of people from EB-3 will complain and who are from EB-2 will be all over to save their spot in queue, and those who have jumped from Eb-3 to Eb-2 will just be silent watchers. I don’t blame them either, this is the irony of being EB I/C, which builds so much frustration. But given the current situation, we have not been able to get anything accomplished in last year or so, and no big CIR in near future, we should start looking for ways to get small fixes, could be recapture, five year EAD-AP, discounting dependents, etc. There are so many avenues we could explore, don’t know which one may work, but if it works if benefits everybody in one way or other.
my 2�
Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
The general idea in a desi mind is "why should this other guy get his GC first".
Good idea, but will not work since people cannot think outside the box. Most people think that if I cannot get a GC why should the guy in the next cubicle (who has a US Master's) get it. They don't realize that by taking the US Masters out of the regular queue, they would probably get their GCs faster :)
my 2�
Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
The general idea in a desi mind is "why should this other guy get his GC first".
Good idea, but will not work since people cannot think outside the box. Most people think that if I cannot get a GC why should the guy in the next cubicle (who has a US Master's) get it. They don't realize that by taking the US Masters out of the regular queue, they would probably get their GCs faster :)
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ssnd03
12-03 04:36 PM
I guess it is just hard to be optimistic with USCIS, FBI processes
...and may I know what is bad in this ?!
I would say this is definitely good as 1.) They have acknowledged the issue AND 2.) acted upon it.
We will know the veracity of their actions as more people report of their NC getting cleared over the next few months.
I think (1) in the statement made by USCIS refers to "DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months" source: AILA Infonet
...and may I know what is bad in this ?!
I would say this is definitely good as 1.) They have acknowledged the issue AND 2.) acted upon it.
We will know the veracity of their actions as more people report of their NC getting cleared over the next few months.
I think (1) in the statement made by USCIS refers to "DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months" source: AILA Infonet
pasupuleti
03-01 12:31 AM
i need your full name, please send a private msg. I need to send this information to zoe lofgren office.
pasupuleti
I will try to be there. Thanks for arranging.
pasupuleti
I will try to be there. Thanks for arranging.
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Berkeleybee
02-15 09:41 PM
If you haven't already volunteered for the CA team, please get in touch with blue_kayal and get information about the weekly call. Sign up, and participate in a lawmaker meeting near you.
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GC08
09-01 06:55 PM
I don't know why some people here are taking this work based immigration here as an all out war. As it is, working and staying in the US or any other country for that matter by foreigners is a priviledge, not a right. No one forced us to come here, we came here on our own free will.
Regarding the description of discrimination of job based on country, that's rather ridiculous. There is no discrimination when one has the right to work and live in the country, that doesn't mean that anyone from any country can just come here and work with or without authorization and say it's discrimination. How about the many Indian companies who hire only Indians? Aren't they practising discrimination and fraud? They don't even bother to try to find qualified people in the country, rather they just issue H1Bs right way to Indian nationals only by just declaring a bogus "can't find qualified people in the country"
If we want good things to happen to us, we should be fair and not misuse and violate the laws of the country. We all have a choice, we can either stay here and be honest and follow the laws and rules of the country, or if we don't like the way things are here we can just go back home.
Sorry to be so honest, but I am tired of every other person cribbing about being victims. Looks like everyone wants to be a victim of something, it's time we take personal responsibility. If we don't like it here in the US, we have the choice to go back home. No one is forcing us to stay here.
Thanks.
Seriously I agree with you 90%. We should follow the rules and there are definitely companies and persons abusing the system. And these type of persons sometimes themselves were once immigrants waiting for green cards.
The 10% that I do not agree with is associated with the reality of working in a country for so long (6 or 7 years) but still not getting the green cards.
You are right that nobody force you to come here. But you decison to come here is based on certain assumptions (such as getting a green card within a reasonable timeframe and in an orderly way). But because of the chaos of the whole green card thing right now, you may not be able to get your green cards within a reasonable timeframe that you had planned, not because you screwed up (say changing the employer or making a huge mistake in your work). Rather it was either your employer or those government agencies screwed you up. I think it is really the chaotic situation, where honest, hard-working people who patienly wait in line are not getting what they deserve, that make people mad.
Everyone probably can think of many examples of such "unfairness". Truth is that the situation has come to a boiling point that people can hardly stand any more, esp. when the July VB fiasco happened.
To go one step further on your point, the whole world should have a better understanding and expectation of employment-based immigration to America. When the fact is out, it is really up to the indivdual to make an informed decision without complainting.
Regarding the description of discrimination of job based on country, that's rather ridiculous. There is no discrimination when one has the right to work and live in the country, that doesn't mean that anyone from any country can just come here and work with or without authorization and say it's discrimination. How about the many Indian companies who hire only Indians? Aren't they practising discrimination and fraud? They don't even bother to try to find qualified people in the country, rather they just issue H1Bs right way to Indian nationals only by just declaring a bogus "can't find qualified people in the country"
If we want good things to happen to us, we should be fair and not misuse and violate the laws of the country. We all have a choice, we can either stay here and be honest and follow the laws and rules of the country, or if we don't like the way things are here we can just go back home.
Sorry to be so honest, but I am tired of every other person cribbing about being victims. Looks like everyone wants to be a victim of something, it's time we take personal responsibility. If we don't like it here in the US, we have the choice to go back home. No one is forcing us to stay here.
Thanks.
Seriously I agree with you 90%. We should follow the rules and there are definitely companies and persons abusing the system. And these type of persons sometimes themselves were once immigrants waiting for green cards.
The 10% that I do not agree with is associated with the reality of working in a country for so long (6 or 7 years) but still not getting the green cards.
You are right that nobody force you to come here. But you decison to come here is based on certain assumptions (such as getting a green card within a reasonable timeframe and in an orderly way). But because of the chaos of the whole green card thing right now, you may not be able to get your green cards within a reasonable timeframe that you had planned, not because you screwed up (say changing the employer or making a huge mistake in your work). Rather it was either your employer or those government agencies screwed you up. I think it is really the chaotic situation, where honest, hard-working people who patienly wait in line are not getting what they deserve, that make people mad.
Everyone probably can think of many examples of such "unfairness". Truth is that the situation has come to a boiling point that people can hardly stand any more, esp. when the July VB fiasco happened.
To go one step further on your point, the whole world should have a better understanding and expectation of employment-based immigration to America. When the fact is out, it is really up to the indivdual to make an informed decision without complainting.
jonty_11
06-19 04:06 PM
in short ,,they stop processing ur case once ur date rerogresses....!!!
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Ramba
08-07 06:04 PM
Can you back date your marriage during marriage registration?
This is called fraud. Dont advise fradulnant practice. If they find, the sufferer is not you.
Student visa also is not an ideal option. If consulate finds that the spouse is a LPR, they will deny the student visa, as student visa is a pure non-immigrant visa.
This is called fraud. Dont advise fradulnant practice. If they find, the sufferer is not you.
Student visa also is not an ideal option. If consulate finds that the spouse is a LPR, they will deny the student visa, as student visa is a pure non-immigrant visa.
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eilsoe
02-03 06:24 AM
:phil: heehee...
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Nil
04-13 11:23 PM
El_Gualpo,
Welcome to IV and Thanks for sharing your ideas.
A concept will be put to test by how it is received by all others in the same boat. Whether it is accepted or not, pls remain with IV.
Do not be discouraged by a critique - most have merit.
Become a donor - any effort in this country needs money.
From current sentiments floating amongst general public, donation for attention may look like a buyout attempt.
Reasoning with the right people in proper limelight is the strongest way.
The system is unfair to folks who have done things by the book.
To change it, in this economy is not easy. IV has put in tremendous efforts in the past.
Let us just not give up. Big names in Industry and rational voices in TV are slowly opening up to what we are facing.
But this is not our country. Let us be prepared to convincingly answer: Hey, don't like it? Go back to where you came from.
Welcome to IV and Thanks for sharing your ideas.
A concept will be put to test by how it is received by all others in the same boat. Whether it is accepted or not, pls remain with IV.
Do not be discouraged by a critique - most have merit.
Become a donor - any effort in this country needs money.
From current sentiments floating amongst general public, donation for attention may look like a buyout attempt.
Reasoning with the right people in proper limelight is the strongest way.
The system is unfair to folks who have done things by the book.
To change it, in this economy is not easy. IV has put in tremendous efforts in the past.
Let us just not give up. Big names in Industry and rational voices in TV are slowly opening up to what we are facing.
But this is not our country. Let us be prepared to convincingly answer: Hey, don't like it? Go back to where you came from.
hair Dragon Ball Z Kai - Dragon
bandya
04-01 06:03 PM
Sent both faxes 10 and 11 - State KS.
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pnara2
05-11 02:34 PM
Focus should be on creating jobs. For that US needs to allow skilled legal immigrants to stay.
Agreed, not all legal immigrants will become enterpreneurs and create jobs but I still think that contribution from skilled workers is more to the economy and has a much larger impact than that of illegal migrants!
Agreed, not all legal immigrants will become enterpreneurs and create jobs but I still think that contribution from skilled workers is more to the economy and has a much larger impact than that of illegal migrants!
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mrajatish
12-28 10:02 PM
Per AC 21, it is soft quota - if you think about it, it is pretty simple.
In EB1, every country has 7% quota. Anything unused in EB1 ROW first goes to EB1 India and China. After that, the remaining number (say 4000) should flow to EB2. In EB2, every country has same 7% quota. Let us say 2000 is left unused. So, in all, 6000 extra visas should flow to anyone in EB2 category based on Pri dates.
In EB1, every country has 7% quota. Anything unused in EB1 ROW first goes to EB1 India and China. After that, the remaining number (say 4000) should flow to EB2. In EB2, every country has same 7% quota. Let us say 2000 is left unused. So, in all, 6000 extra visas should flow to anyone in EB2 category based on Pri dates.
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jonty_11
06-19 04:06 PM
in short ,,they stop processing ur case once ur date rerogresses....!!!
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senthil1
07-08 02:04 PM
Too much visiblity may not be good. Anti immigrants also will do more aggressively. Illegal immigrants also doing rally every year May 1. But they cannot impress congress though they have powerful lobby. Congress is divided based on their area people opinion. When congress changes and more pro immigrant members are there in congress then bills will be passed easily. Now the surprise is no single immigration bill is coming atleast for voting. Then only we can find whether those bills have support or not.
Hello All,
I suggested this in my last two posts and I am suggesting this again. Emails , faxes to Rep will not create visibility of the problem. What we need to do is, do something big, like a DC rally again. One of the benefits behind doing this will be, everyone in this country i has their eyes on DC for presidential elections. Hence more visibility for us.
Secondly the topic of these three bills is hot, if we don't do anything now, it will turn cold, and then will be forgotten.
What we really need is a huge volume of high skilled workers in DC, not just a handful. Please let us all get together in DC again and push for these bills. We will get a lot of visibility. How about sending flowers to congress members?
Please let us all act on it!!
All EAD suckers! Wake up ! We need your help, Help us to help you and your future!
Hello All,
I suggested this in my last two posts and I am suggesting this again. Emails , faxes to Rep will not create visibility of the problem. What we need to do is, do something big, like a DC rally again. One of the benefits behind doing this will be, everyone in this country i has their eyes on DC for presidential elections. Hence more visibility for us.
Secondly the topic of these three bills is hot, if we don't do anything now, it will turn cold, and then will be forgotten.
What we really need is a huge volume of high skilled workers in DC, not just a handful. Please let us all get together in DC again and push for these bills. We will get a lot of visibility. How about sending flowers to congress members?
Please let us all act on it!!
All EAD suckers! Wake up ! We need your help, Help us to help you and your future!
more...
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pd_recapturing
01-26 03:51 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
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realizeit
11-21 11:08 AM
Dear Friends,
As per yesterday�s floor summary (access link below), the House of Congress has been adjourned and this marks the end of the business activity in the house of the110th Congress. House will re-convene at 11:00 a.m. on January 3, 2009 and that will be the first session of the 111th Congress.
Floor Summary: http://clerk.house.gov/floorsummary/floor.html
3:02 P.M. -
The House adjourned pursuant to H. Con. Res. 440. The next meeting is scheduled for 11:00 a.m. on January 3, 2009.
HR 5882 introduced in the 110th Congress will no longer valid for consideration in the 111th Congress and a new RECAPTURE bill has to be introduced in 111th Congress with the same contents of HR 5882 in order for us to obtain some relief.
I think we should start our campaign now itself, targeting Rep Lofgren, Zoe [CA-16] and Rep Sensenbrenner, F. James, Jr. [WI-5], for the RE-INTRODUCTION of the RECAPTURE bill during the first week of the 111th Congress.
Also, it is very important NOT to campaign for the expansion of the scope of this bill at this point of time as that will make this bill to get ignored and become a reason to add the whole relief measures to a Comprehensive Immigration Reform bill which may take 1-2 years to get passed depending on the political landscape.
We should ask Hon. Zoe and Hon. Sensenbrenner to introduce this as an emergency relief measure and try to get this passed during the first quarter itself.
Once this bill gets introduced, we could request all previous Co-Sponsors of HR 5882 to become Co-Sponsors of the new bill.
So at this point, we should send mails to Rep Lofgren, Zoe and Rep Sensenbrenner, F. James, Jr. encouraging them to re-introduce the RECAPTURE bill.
Let�s keep HOPE alive!
As per yesterday�s floor summary (access link below), the House of Congress has been adjourned and this marks the end of the business activity in the house of the110th Congress. House will re-convene at 11:00 a.m. on January 3, 2009 and that will be the first session of the 111th Congress.
Floor Summary: http://clerk.house.gov/floorsummary/floor.html
3:02 P.M. -
The House adjourned pursuant to H. Con. Res. 440. The next meeting is scheduled for 11:00 a.m. on January 3, 2009.
HR 5882 introduced in the 110th Congress will no longer valid for consideration in the 111th Congress and a new RECAPTURE bill has to be introduced in 111th Congress with the same contents of HR 5882 in order for us to obtain some relief.
I think we should start our campaign now itself, targeting Rep Lofgren, Zoe [CA-16] and Rep Sensenbrenner, F. James, Jr. [WI-5], for the RE-INTRODUCTION of the RECAPTURE bill during the first week of the 111th Congress.
Also, it is very important NOT to campaign for the expansion of the scope of this bill at this point of time as that will make this bill to get ignored and become a reason to add the whole relief measures to a Comprehensive Immigration Reform bill which may take 1-2 years to get passed depending on the political landscape.
We should ask Hon. Zoe and Hon. Sensenbrenner to introduce this as an emergency relief measure and try to get this passed during the first quarter itself.
Once this bill gets introduced, we could request all previous Co-Sponsors of HR 5882 to become Co-Sponsors of the new bill.
So at this point, we should send mails to Rep Lofgren, Zoe and Rep Sensenbrenner, F. James, Jr. encouraging them to re-introduce the RECAPTURE bill.
Let�s keep HOPE alive!
more...
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Legal
05-29 04:53 PM
That's not true. They will still process backlogged applications filed prior
when he says no green cards will be issued he means no I-140s will be
approved which is true.
when he says no green cards will be issued he means no I-140s will be
approved which is true.
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kaisersose
07-27 01:37 PM
That was before their newly found 'effeciency'...
more recently, they took 2 days (not even working days) to APPROVE 25000 AOS applications, how hard do you think it is for them to issue receipts ? :)
A common misconception.
Approving 25000 485s that were already processed and sitting in cold storage will take less than a minute.
Approving meant simply running a program that assigned a visa number to a processed case in a loop that ran 25000 times. Such a program will complete in seconds. The paperwork for these 25k approved applications is going to take months and online updates of 485 approval are still trickling in.
So there was no new found efficiency in USCIS as many seem to believe.
more recently, they took 2 days (not even working days) to APPROVE 25000 AOS applications, how hard do you think it is for them to issue receipts ? :)
A common misconception.
Approving 25000 485s that were already processed and sitting in cold storage will take less than a minute.
Approving meant simply running a program that assigned a visa number to a processed case in a loop that ran 25000 times. Such a program will complete in seconds. The paperwork for these 25k approved applications is going to take months and online updates of 485 approval are still trickling in.
So there was no new found efficiency in USCIS as many seem to believe.
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roseball
11-06 05:44 PM
Yes, I am not taking her words as unwritten law as we all know that NC is killing many people for years. So I would request to take that as a guide line.
Another meaning I can extract is if today you took infopass for NC and got nothing or "pending" do not bother yourself next 4 months for inquiry.
On a side note, I was wondering what happens to derivative/secondary beneficiaries 485 applications if the primary beneficiary is stuck in name check.....If secondary beneficiaries are cleared and primary is not, then does USCIS approve GCs for secondary beneficiaries..
Another meaning I can extract is if today you took infopass for NC and got nothing or "pending" do not bother yourself next 4 months for inquiry.
On a side note, I was wondering what happens to derivative/secondary beneficiaries 485 applications if the primary beneficiary is stuck in name check.....If secondary beneficiaries are cleared and primary is not, then does USCIS approve GCs for secondary beneficiaries..
drak70
01-04 11:04 AM
:cool:. That restriction is for immigrants. As a non-immigrant he should be able to bring as many wives as he wants.
Some on work visa is ineligible under
Section 212(a) of the Immigration and Nationality Act reads:
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible
IMMIGRANTS GET BETTER DEAL
http://travel.state.gov/visa/immigrants/types/types_2991.html
In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
Some on work visa is ineligible under
Section 212(a) of the Immigration and Nationality Act reads:
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible
IMMIGRANTS GET BETTER DEAL
http://travel.state.gov/visa/immigrants/types/types_2991.html
In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
desi485
01-04 03:46 PM
Poor Guy
;) what do you expect if one has to keep two wives happy? :D
;) what do you expect if one has to keep two wives happy? :D
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