Milind123
09-13 09:58 PM
thank you bala, you guys are awesome. now give chance to other members to contribute. :D
Libra, my personal target is not far away. I am going to stop soon.
GCNaseeb, sunty, ivgoodluck, akhilmahajan and our special guest bala, thank you so much for your contribution.
Sorry, I had to go and see the gun-smith to make sure the revolver is ready for our next round. When she heard me tell her about the
few rounds we had. This is what she said "Make sure when you start the next round, the gun is fully loaded to keep it balanced".
So can I have the pleasure of the company of one senior member who will take the last shot?
Libra, my personal target is not far away. I am going to stop soon.
GCNaseeb, sunty, ivgoodluck, akhilmahajan and our special guest bala, thank you so much for your contribution.
Sorry, I had to go and see the gun-smith to make sure the revolver is ready for our next round. When she heard me tell her about the
few rounds we had. This is what she said "Make sure when you start the next round, the gun is fully loaded to keep it balanced".
So can I have the pleasure of the company of one senior member who will take the last shot?
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Bpositive
06-24 11:10 AM
Constraints to doing work to your fullest potential, negatively impacts the individual and the society which he/she is part of...so personal loss is loss for the society...
And of course, the longer term impact is that the US won't attract the best talent...
And of course, the longer term impact is that the US won't attract the best talent...
Macaca
09-14 03:13 PM
Employers Oppose Hiring Provisions in Immigration Bill (http://immigrationvoice.org/forum/showpost.php?p=75395&postcount=37) By Krissah Williams (williamsk@washpost.com) | Washington Post Staff Writer, June 3, 2007
Top Talent Could Lose Fast Track to U.S. Under Bill, Foreign Luminaries Would No Longer Skip Immigration Line (http://immigrationvoice.org/forum/showpost.php?p=72488&postcount=1169) By Anthony Faiola (faiolaa@washpost.com) and Robin Shulman (shulmanr@washpost.com) | Washington Post Staff Writers, May 26, 2007
A Self-Inflicted Wound (http://immigrationvoice.org/forum/showpost.php?p=52210&postcount=308) The U.S. is blocking the best and brightest immigrants Editorial (ombudsman@washpost.com, national@washpost.com, marmerg@washpost.com) March 12, 2007
Top Talent Could Lose Fast Track to U.S. Under Bill, Foreign Luminaries Would No Longer Skip Immigration Line (http://immigrationvoice.org/forum/showpost.php?p=72488&postcount=1169) By Anthony Faiola (faiolaa@washpost.com) and Robin Shulman (shulmanr@washpost.com) | Washington Post Staff Writers, May 26, 2007
A Self-Inflicted Wound (http://immigrationvoice.org/forum/showpost.php?p=52210&postcount=308) The U.S. is blocking the best and brightest immigrants Editorial (ombudsman@washpost.com, national@washpost.com, marmerg@washpost.com) March 12, 2007
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gsrknth
07-14 02:55 PM
Great Idea.
Confirmation: 7YB6J-R6KW8
Confirmation: 7YB6J-R6KW8
more...
bigboy007
06-02 08:43 PM
If the current law passes , god forbid it wont. It is indeed scary to many : Becoz its primarily becoz of all backlog processing centre Labors, H1 sixth year extensions etc. I dont know how the heck designed this draft and i am sure all those senators wouldnt havebeen aware of all these H1B , GC Employment based numbers some staffer would have done this .
jonty_11
07-18 12:36 PM
Where are the new members whom I see on other 485 related forums?
We can only hope they join..and pitch in...
We can only hope they join..and pitch in...
more...
prince_waiting
07-05 10:45 AM
My area senator is Mr. Sessions :eek:. What do you guys think, should I email him or not? I am sure that I am not going to get a courteous reply or as a fact of matter a reply at all.
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addsf345
11-24 02:21 PM
If you are beyond 6 years and I-485 denied then applicant is doomed weather you are in H1 or EAD. Only route is MTR. My attorney confirmed it.
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Read on some other thread: Only reason why H1B doesn't get revoked immediately post 6 years is not having a full-proof integrated system, and such system may soon be here. I will post any link if I find this again.
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Read on some other thread: Only reason why H1B doesn't get revoked immediately post 6 years is not having a full-proof integrated system, and such system may soon be here. I will post any link if I find this again.
more...
zeta7
03-25 07:10 PM
Guys,
I applied AP in Jan 4th 2008. Last week on 13th there was a LUD on AP. Today the status changed to "Document Mailed to applicant". Based on your experiences does this means RFE or Approval. BTW i belong to Nebraska Service Center.
sree
I believe that means the AP is on it's way. And you had a superfast turnaround time! I applied for AP on November 6'th, and my status changed to "Document Mailed to applicant" on March 17'th. Nebraska certainly seems to have a sort of LIFO policy rather than FIFO.
I still haven't received my documents either. I will wait a few more days before bugging my lawyer.
I applied AP in Jan 4th 2008. Last week on 13th there was a LUD on AP. Today the status changed to "Document Mailed to applicant". Based on your experiences does this means RFE or Approval. BTW i belong to Nebraska Service Center.
sree
I believe that means the AP is on it's way. And you had a superfast turnaround time! I applied for AP on November 6'th, and my status changed to "Document Mailed to applicant" on March 17'th. Nebraska certainly seems to have a sort of LIFO policy rather than FIFO.
I still haven't received my documents either. I will wait a few more days before bugging my lawyer.
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reddog
09-15 10:45 AM
This is the Indian mentality at work. My EB3 bro whose employer(company policy) did not allow him to file under EB2 even though he had over 7 years of experience and was making 70 bucks an hour when he filed, is not better than his EB2 bro just cos he is EB3.
That is it. Nail on the head. No, thats not all, look at the support, and these are Indian folks. I live in a small city with 150 Indian families (most of them doctors and other occupations) who have migrated to the US atleast 25 years back.
These people are just happy that we are here, that they now have a 150 family Indian community that they can call their own.
And here we are, all the skilled Eb2 guys, who are superior to the EB3 guys not wanting their EB3 non-immigrant men to ever get their Green Cards.
It is funny that rather than trying to correct the system, fight the inefficiences and amend the laws, someone is tryin to channelize their energies to fight against their own group. And more surprising is that there are a lot of supporters.
IV, your days are numbered.
That is it. Nail on the head. No, thats not all, look at the support, and these are Indian folks. I live in a small city with 150 Indian families (most of them doctors and other occupations) who have migrated to the US atleast 25 years back.
These people are just happy that we are here, that they now have a 150 family Indian community that they can call their own.
And here we are, all the skilled Eb2 guys, who are superior to the EB3 guys not wanting their EB3 non-immigrant men to ever get their Green Cards.
It is funny that rather than trying to correct the system, fight the inefficiences and amend the laws, someone is tryin to channelize their energies to fight against their own group. And more surprising is that there are a lot of supporters.
IV, your days are numbered.
more...
eb3_nepa
07-05 02:28 PM
Called up Sen Casey's office and I was told that in the local office they cant do much about a mass enquiry but he volunteered to do it on a personal basis for my case in particular.
hot seriously sick wallpapers.
vishwak
10-22 08:24 AM
Could you please provide some more information regarding this porting from EB3 to EB2?
Check this Thread...
http://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/18721-eb3-to-eb2-porting.html
Check this Thread...
http://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/18721-eb3-to-eb2-porting.html
more...
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pappu
06-10 01:18 PM
The best way is this .
1) Apply labor and I140 .
2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .
3) Return to Booming India and have fun and make money . Raise kids . Change jobs .
4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D
5) Retire in the USA in instead of India . :D
Advantages
**********
1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )
2) Give kids the Indian upbringing .
3) Enjoy with your family , friends and relatives
4) Come and back and retire in USA after retirement .
Why?
Is retirement better in USA?
Just curious to know the reasons.
1) Apply labor and I140 .
2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .
3) Return to Booming India and have fun and make money . Raise kids . Change jobs .
4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D
5) Retire in the USA in instead of India . :D
Advantages
**********
1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )
2) Give kids the Indian upbringing .
3) Enjoy with your family , friends and relatives
4) Come and back and retire in USA after retirement .
Why?
Is retirement better in USA?
Just curious to know the reasons.
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maveric979
09-01 11:18 AM
Landed on Apr 1999. Filed for LC in EB3 on 6-May-2002 and waiting in Q for ever and god knows when it become current
more...
pictures sick wallpapers review of the
sunny1000
04-30 04:18 PM
Yahi hai Umrika ke USCIS ke officer ka Tashan!
and in English that means what?
and in English that means what?
dresses SicK Wallpaper
gc007
09-01 10:24 AM
Since 1999. GC filled Mar 2003 EB3
more...
makeup sick lie scarlet black picture
jonty_11
09-10 03:04 PM
Yes, we should. What is going on is a major screwup. I wonder why it is allowed to continue that way.
no....if u hae been around long enough u know this is how USCIs works...with no regard for Rules...as they are not working for a VOTE BANK.....
Last year therer was the July VB fiasco..Thisyear its this...no surprises at all...they dont want to follow process...coz OMG that will need effort...just approve those whose files u can lay hands on.....with utter disregard for PDs....
no....if u hae been around long enough u know this is how USCIs works...with no regard for Rules...as they are not working for a VOTE BANK.....
Last year therer was the July VB fiasco..Thisyear its this...no surprises at all...they dont want to follow process...coz OMG that will need effort...just approve those whose files u can lay hands on.....with utter disregard for PDs....
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kevinkris
07-14 08:16 PM
Donno how to do this. Admins?
hairstyles Anime - Go Sick Wallpaper
susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
chanduv23
08-12 11:29 AM
Almost all companies, in every field (engg, medicine, nursing, research..) hire people through contracting agencies. Most of the companies these days hire only US citizens or GC or EAD and try best not to hire H1b and if you look at their employees, it is rare to find 50% or more h1b holders.
On the contrary, outsourcing companies may have majority of their workers coming here on L1 or H1b and when such a fgee is imposed, I guess, for the biggies, it is just a small adjustment in their costs of bringing workers which they will adjust in their other expenses.
Overall, I am not sure, how much revenue such a law will generate. Will it generate enough revenue which is being claimed (600 million?)
To me, this kinda speech and trashing Indian companies and outsourcing etc... and showing that they acted on it just looks like it is pure politics to save face during the election year.
On the contrary, outsourcing companies may have majority of their workers coming here on L1 or H1b and when such a fgee is imposed, I guess, for the biggies, it is just a small adjustment in their costs of bringing workers which they will adjust in their other expenses.
Overall, I am not sure, how much revenue such a law will generate. Will it generate enough revenue which is being claimed (600 million?)
To me, this kinda speech and trashing Indian companies and outsourcing etc... and showing that they acted on it just looks like it is pure politics to save face during the election year.
mangelschots
07-16 01:49 AM
I live in Rancho Cucamonga (Inland Empire)
I think Orange County is a good place, as it is a tech center and will be less associated with illegal immigration.
I always like the Beach area.
I think Orange County is a good place, as it is a tech center and will be less associated with illegal immigration.
I always like the Beach area.
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