Wednesday, June 8, 2011

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  • senthil1
    04-08 02:15 AM
    I think all the issue will be resolved if number 5 is done. No need for H1 extension, and even there is a in efficiency in USCIS you can get gc within 3 years if they double or triple EB quota. So no need to meet President just meet Congressmen and try pressing them to increase EB quota.

    Can we get an appointment with the President and explain the problems faced by EB immigrants....

    1. Travel restrictions (no travel during H1 extension etc..)
    2. Driver license issues
    3. Wasted Visa numbers
    4. Inefficiency of USCIS
    5. Need to increase EB quota

    I know that law makers should make these changes, but President has a strong voice and if he hears our pathetic position, he may do something, just a hope :rolleyes:




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  • Kitiara
    10-25 04:42 AM
    Ahhh, what a great game that was.




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  • Prashanthi
    10-20 05:52 PM
    Hi,

    My friend is in a unique situation and needs help. Please guide him with his queries.

    **************************************************
    I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.

    My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.

    My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..

    We didn't specify about GC labor on H1B/I-94 extension petition.

    My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.

    Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?



    ************************************************** *********

    You should apply based on April 16, 2010, you can file 6 months in advace which means you can file now, you will get an approval for 3 years based on the approved I-140.




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  • UKannan
    01-18 03:50 PM
    Chances for an audit are 95%:(

    How u know that the chances are 95%? Why can't it be 5%? :D



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  • kiran_k02
    12-12 12:33 AM
    Hi

    My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.

    1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient. There shouldn't be any issue at the airport, I actually did not surrender my I-94 once out of ignorance and gave it to immigration officer on my way back. Anyway, As per your plan, take a copy of I485 receipt.
    2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..) London, you would need transit visa if you do not have US Visa stamped on your passport (even AP cannot help you here). I don't know about other Airports.

    Thanks in advance.
    Sree

    I am a layman like you, please do your research and talk to your attorney to get final confirmation on these issues.




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  • ashkam
    08-03 07:49 AM
    What do you mean by infinite? Only till your PD gets current. After that 1 year extensions.



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  • pret_23
    01-28 04:55 PM
    Ram Shriram -Google
    Vinod Khosla -venture capitalist
    Bharat Desai -Syntel




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  • brij523
    11-07 12:26 PM
    brij523.. Taking time out for IV even though you have your GC

    My Pleasure!!



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  • radhay
    07-26 07:25 AM
    My case is some what similar. My h1b extension packet was returned for lack of filing fee but before we could re-apply my old h1b expired. We applied however but USCIS approved h1B petition and didn't grant me h1b status i.e didn't issue I-94. I am required to leave the country for stamping.

    Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.

    Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.

    1. Am I currently out of status or okay because of the RFE?
    2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.

    My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?

    Thanks.




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  • waitin_toolong
    10-23 05:40 PM
    it looks like you have been distracted lately and not following USCIS updates.

    first Ap and EAD have nothing to do with each other and USCIS has stated that they are working hard to get EADs out as the law requires them too. Some people get their EADs a day or two before their receipts.

    The priority is issuing EAD and USCIS ha been working hard at it, so dont fret



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  • Vishal2007
    02-04 06:30 PM
    definitely your entry should be deneid, you are not uncapale to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic voilence there are on citizen/GC (either one of them),




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  • ahaadi
    07-10 09:28 PM
    In case his I-140 was approved then there are no problems for this scenario right?



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  • pappu
    03-27 12:08 PM
    IV can contact this organization since they have contact with media and have done research on immigration

    http://www.epic.org/epic/board/burnham/

    http://trac.syr.edu/tracdhs/index.html




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  • gc_on_demand
    03-18 01:09 PM
    Hi gc_on_demand:

    Great Analysis! What are your predictions for EB3 for this year?

    You mean to say that EB3 (40K) is already used up for this year :-(

    Thanks,
    Rayoflight

    All Eb3 will get close to 40k this year . There will not be any spill over from Eb1 or Eb2. Also Eb3 ROW is not current so chances are very minimal that Eb3 india and China will get any exxtra visa. Only CIR or Recapture is hope for Eb3. OR as I said in earliar post that if Labor dept makes too hard to file for Eb2 in coming years then after 2-3 years you may see spill over to Eb3. otherwise it will crawl. But chances are there that they will recapture or do CIR in between.



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  • stuckinretro
    02-26 10:21 AM
    You can contact either of the 2 senators of your state. But need to contact representative corresponding to your district.

    But understand that, just because you contact a congressman doesn't mean you miraculously would get your GC. its going to be a long process. Add 3-4 months from the day you contact if the congressional liaison pulls your case for review. If there is a problem with your case they would inform you about it after they review. Note congressman's office cannot tell a federal agency(CIS) what they need to do, they can only inquire on your behalf whats causing the delay. Nothing to do with who is how much powerful.

    Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.

    When in need for I-485 issues, who is better to contact - Congressman or Senator.

    I just want to know the pros and cons of each and maybe this analysis will help others down the line.

    Points to note are:
    1. There are more congressman in a particular state than senators. There are only 2 senators in a state.

    2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)

    3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.

    4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.

    Can members throw some light on this based on their prior experience and based on their knowledge.

    Thanks in advance.




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  • simon03
    07-15 12:35 PM
    I wish my company attorney could understand the basic ENGLISH instructions. Worst part, still doesn't admit his mistake and keeps pointing to the receipt issued by USCIS.

    Btw, I took Infopass appointment and went today to ask what should I do....given USCIS has issued receipt notice
    The officer responded similar to my attorney's response, stating given that USCIS has issued receipt, they are working on my appl and I may not need to send the fee..BUT he admitted that the fee was required..
    In short, still not sure what to do....



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  • alvin
    01-18 11:01 PM
    As far as I know:
    if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.




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  • Vsach
    07-11 03:11 PM
    That's a great idea! Let's go....

    VS




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  • Carlau
    01-10 09:24 PM
    If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.




    maximus777
    04-29 09:57 AM
    There are 26 pages in this document and half page for legal EB immigrants.

    Pros
    1.GC for MS in STEM
    2.Per country limits removed

    Cons
    1.No increase in number of EBs
    2.Now all counties will be backloged instead of just I and C. ( Misery loves company)

    From what I understand, GC for MS in STEM is not from a separate pool and it comes from the same EB one. This does not ensure a GC instantly, but will reduce the wait times to manageable levels for the retrogressed countries. On the flip side, non retrogressed countries too will experience wait times which they are not accustomed to so far. So it's a sort of spreading the "love" approach.




    go_guy123
    06-18 10:35 PM
    if your wife is bugging you to buy a house ...show them this article :D :D ..and it will help
    -------------------------------
    Female Homeowners Sadder, Fatter Than Renters
    John Carney|Jun. 18, 2009, 11:27 AM|comment27
    Print
    Tags: Economy, Housing, Housing Crisis

    Researchers from Wharton have discovered that female homeowners, on average, outweighed renters by 12 pounds.

    Female homeowners were also carrying around more aggravation, making less time for leisure, and were less likely to spend time with friends.

    "Home ownership can be a much more complex idea than just a straightforward expression of what we call the American dream," says Grace Wong Bucchianeri, an assistant professor of real estate at the University of Pennsylvania's Wharton School. The story was reported on Canada.com

    But what about all the good stuff that comes with owning a home? Aren't homeowners benefiting from the security and independence of owning. Not really. The research shows that when you control for things like childbirth and income, the difference in contentment vanishes.

    "I don't see any strong evidence that homeowners are any happier than renters," says Bucchianeri, whose 600-woman study is under review for publication in the Journal of Urban Economics. "On the other hand, they consistently report a higher level of pain — or what you might call negative feelings — connected to their home, and that's after controlling for all kinds of demographic characteristics, their financial situation, how many children they have and so on."


    Bound to happen. Houses have been overpriced and House ownership has been way more expensive than renting in recent years. So if one buys a house there would be very little discretionary income to have a good life.



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