pthoko
05-31 09:30 AM
EVERYBODY PLS PLS CONTRIBUTE....
pappu pappu is offline
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Join Date: Mar 2006
Posts: 2,042
pappu is just really nice pappu is just really nice pappu is just really nice pappu is just really nice pappu is just really nice
Default May 31, 2007
May 31, 2007
Dear Immigration voice members,
We have made good progress in our membership base over the past 2 weeks. We are now more than 13,320 strong. Our members are our greatest asset and our grassroots efforts make us unique. It would be in the best interest of this community to use our energies by telling more people about this effort so that more members could join this effort.
During the past 2 weeks we had about 20 media leads due to the efforts of our members and the media drive. This has translated into about 10 media interviews that are mostly on a national scale. There are some more media interviews in the process and we hope to have them published soon. Let us continue this media drive with enthusiasm.
Our webfaxes, phone and email campaign has also been working. The response to it has not been as per our expectations yet. However even with limited participation we did hear comments about our campaign from some Senator offices. Hope more members take part in these campaigns. There have been some technical errors faced by few members this week. We have solved those iissues.We are also now going to pay more for a �Premium� service (3 times we pay now) so that the webfaxes can be sent smoothly without �backlogs� in the system.
Its been more than a week since we started our funding drive for the CIR bill in Senate. We want to go all out with all our might and resources to get our provisions in the new CIR bill. As members have already seen how much this bill hurts our interests and if we do not do something ourselves we do not have much support from outside. The H1B increase provision has much attention, support for various lobbying groups and opposition at the same time from various anti-immigrant organizations. However our provisions and cause require much needed attention and support in order for us to succeed. Our cause is just and few technical changes can very well fix the problems faced by 1.1 million high-skilled applicants waiting for their greencards. For most lawmaker high skilled immigration issues only meant increasing H-1B numbers. Most lawmakers are now aware of employment based green card issues and are aware or organized effort called Immigration Voice. We have been able to convince large technology and healthcare companies/groups to recognize that employment based green card delays is a massive issue. But this is not enough for our provisions to come on the floor and be passed. Tremendous investment in lobbying efforts is required in the current CIR that is a disastrous bill for our community.
There is a possibility that some of our provisions may get included in this CIR. Some of the amendments on Thomas already have some of our provisions along with H1B provisions. However the chance of those amendments passing is not certain.We are working hard to get something done. IV team is committed to explore every possibility and actively working towards that end. But please understand that it is not easy to get something done. There are hurdles we face due to the politics of the situation and intense lobbying of anti-immigrant organizations that are well funded. This is a hard reality. To get something done, it is of utmost importance that more members actively participate in this effort, contribute again and get new members to join and contribute to Immigration Voice. Each member visiting this forum needs to understand that it is your responsibility to actively participate in this effort because this is your effort, because this effort will solve problems that are yours and mine.
Due to the hard work of immigration voice and its members over the past 1.5 year, many lawmakers are now ready to listen and do the needful for us. We are also working with several like minded organizations and groups to help our community. But that is not enough to get our provisions passed with a majority vote. It can be because we have not yet done our part to the extent it is required to collectively petition lawmakers with our grievances. This is one more reason why more active participation and contribution is required.
The point is that Immigration Voice is doing everything that is possible. IV Core team member�s green card application is also pending and like other members, IV core team members are very passionate and motivated about solving the green card problems. We work hard during our regular work hours and on weekends, take vacations to travel on IV work and pay for the trip from our own pockets. We do this because we are also in this greencard mess like everyone else, and we feel responsible and commited to this effort. We all know that it is difficult to change things in Washington, especially when we are a small group. But we have experienced that it is possible that we can get our provisions passed. Immigration Voice needs more resources and this effort needs more active members. To achieve this, we need more resources in terms of contribution from all our members. (Note: Immigration Voice is Tax exempt under section 501(c)(4) of the Internal Revenue Code, since Immigration Voice is not an organization as described in section 170(c) of the code, donors may not deduct contributions that have been made) Immigration Voice would appeal all new members to please contribute and of the members who have already contributed in the past to please consider contributing again.
With all our hard work over the past 1.5 year, we are well poised to make a difference and represent the high-skilled immigrant community in DC. Media also calls us for comments on any Immigration related news story. Other organizations and groups contact us for collaboration and to seek help. Many lawmaker offices now know us and our cause. And there is a lot that has happened since we started. Most of these things we are not able to disclose on the open forums. But please understand that we need more funds to continue this effort so that we could all see our provisions into law. Immigration Voice is not about one, five twenty of fifty of us. It is about all of us currently in the queue and those that are about to join the queue. Lobbying is very expensive and if we have hired the top lobbyists there is to help us, there are investments we need to make for it too. Now, if this is any indication of how far we have come, I assure all members that we can do it, together.
In the past 2 weeks we got contributions ranging mostly between $10 - $100 and few $200 from roughly 100 members. I�m sure we all can do much better than that. Such amount can at best support hosting this website, pay for webfaxes and buy few hours of lobbying time from the best lobbyists there is in this country. Lobbying is the most important part of our effort and it can make a difference for our provision. Getting an amendment from a Senator�s office on Thomas is not our aim. We need to work hard to get it on the floor and be voted by a majority. This is a big task and huge lobbying effort is required if we have to go all out to get something done in this CIR bill.
Please be assured that IV core team is doing whatever is possible with the limited resources. And regardless of what happens in the next few months, Immigration voice would urge all members and readers of these forums to please contribute to this effort. Because what IV core team will be able to achieve will ultimately depend on how much trust you put in this effort.
Your IV team
pappu pappu is offline
Administrator
Join Date: Mar 2006
Posts: 2,042
pappu is just really nice pappu is just really nice pappu is just really nice pappu is just really nice pappu is just really nice
Default May 31, 2007
May 31, 2007
Dear Immigration voice members,
We have made good progress in our membership base over the past 2 weeks. We are now more than 13,320 strong. Our members are our greatest asset and our grassroots efforts make us unique. It would be in the best interest of this community to use our energies by telling more people about this effort so that more members could join this effort.
During the past 2 weeks we had about 20 media leads due to the efforts of our members and the media drive. This has translated into about 10 media interviews that are mostly on a national scale. There are some more media interviews in the process and we hope to have them published soon. Let us continue this media drive with enthusiasm.
Our webfaxes, phone and email campaign has also been working. The response to it has not been as per our expectations yet. However even with limited participation we did hear comments about our campaign from some Senator offices. Hope more members take part in these campaigns. There have been some technical errors faced by few members this week. We have solved those iissues.We are also now going to pay more for a �Premium� service (3 times we pay now) so that the webfaxes can be sent smoothly without �backlogs� in the system.
Its been more than a week since we started our funding drive for the CIR bill in Senate. We want to go all out with all our might and resources to get our provisions in the new CIR bill. As members have already seen how much this bill hurts our interests and if we do not do something ourselves we do not have much support from outside. The H1B increase provision has much attention, support for various lobbying groups and opposition at the same time from various anti-immigrant organizations. However our provisions and cause require much needed attention and support in order for us to succeed. Our cause is just and few technical changes can very well fix the problems faced by 1.1 million high-skilled applicants waiting for their greencards. For most lawmaker high skilled immigration issues only meant increasing H-1B numbers. Most lawmakers are now aware of employment based green card issues and are aware or organized effort called Immigration Voice. We have been able to convince large technology and healthcare companies/groups to recognize that employment based green card delays is a massive issue. But this is not enough for our provisions to come on the floor and be passed. Tremendous investment in lobbying efforts is required in the current CIR that is a disastrous bill for our community.
There is a possibility that some of our provisions may get included in this CIR. Some of the amendments on Thomas already have some of our provisions along with H1B provisions. However the chance of those amendments passing is not certain.We are working hard to get something done. IV team is committed to explore every possibility and actively working towards that end. But please understand that it is not easy to get something done. There are hurdles we face due to the politics of the situation and intense lobbying of anti-immigrant organizations that are well funded. This is a hard reality. To get something done, it is of utmost importance that more members actively participate in this effort, contribute again and get new members to join and contribute to Immigration Voice. Each member visiting this forum needs to understand that it is your responsibility to actively participate in this effort because this is your effort, because this effort will solve problems that are yours and mine.
Due to the hard work of immigration voice and its members over the past 1.5 year, many lawmakers are now ready to listen and do the needful for us. We are also working with several like minded organizations and groups to help our community. But that is not enough to get our provisions passed with a majority vote. It can be because we have not yet done our part to the extent it is required to collectively petition lawmakers with our grievances. This is one more reason why more active participation and contribution is required.
The point is that Immigration Voice is doing everything that is possible. IV Core team member�s green card application is also pending and like other members, IV core team members are very passionate and motivated about solving the green card problems. We work hard during our regular work hours and on weekends, take vacations to travel on IV work and pay for the trip from our own pockets. We do this because we are also in this greencard mess like everyone else, and we feel responsible and commited to this effort. We all know that it is difficult to change things in Washington, especially when we are a small group. But we have experienced that it is possible that we can get our provisions passed. Immigration Voice needs more resources and this effort needs more active members. To achieve this, we need more resources in terms of contribution from all our members. (Note: Immigration Voice is Tax exempt under section 501(c)(4) of the Internal Revenue Code, since Immigration Voice is not an organization as described in section 170(c) of the code, donors may not deduct contributions that have been made) Immigration Voice would appeal all new members to please contribute and of the members who have already contributed in the past to please consider contributing again.
With all our hard work over the past 1.5 year, we are well poised to make a difference and represent the high-skilled immigrant community in DC. Media also calls us for comments on any Immigration related news story. Other organizations and groups contact us for collaboration and to seek help. Many lawmaker offices now know us and our cause. And there is a lot that has happened since we started. Most of these things we are not able to disclose on the open forums. But please understand that we need more funds to continue this effort so that we could all see our provisions into law. Immigration Voice is not about one, five twenty of fifty of us. It is about all of us currently in the queue and those that are about to join the queue. Lobbying is very expensive and if we have hired the top lobbyists there is to help us, there are investments we need to make for it too. Now, if this is any indication of how far we have come, I assure all members that we can do it, together.
In the past 2 weeks we got contributions ranging mostly between $10 - $100 and few $200 from roughly 100 members. I�m sure we all can do much better than that. Such amount can at best support hosting this website, pay for webfaxes and buy few hours of lobbying time from the best lobbyists there is in this country. Lobbying is the most important part of our effort and it can make a difference for our provision. Getting an amendment from a Senator�s office on Thomas is not our aim. We need to work hard to get it on the floor and be voted by a majority. This is a big task and huge lobbying effort is required if we have to go all out to get something done in this CIR bill.
Please be assured that IV core team is doing whatever is possible with the limited resources. And regardless of what happens in the next few months, Immigration voice would urge all members and readers of these forums to please contribute to this effort. Because what IV core team will be able to achieve will ultimately depend on how much trust you put in this effort.
Your IV team
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vaishnavilakshmi
10-15 02:01 PM
I had LUDs on 10/05/2007, 10/07/2007, 10/09/2007 on my I-485 application after my FP appointment. I do not know what it means though.
Hi,
Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??
goodluck,
vaishu
Hi,
Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??
goodluck,
vaishu
looivy
02-22 03:42 PM
just curious. Are you working for a consulting company?
I do not.
I do not.
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siravi
11-09 04:37 PM
Will be happy to help out with analytical writing, but I see several have volunteered already!
What would "Media Contacts" work involve?
What would "Media Contacts" work involve?
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alterego
11-01 07:30 PM
Firstly to comment on the story, What the heck are they to do with a shrinking and aging population!
Anyway this just speaks to issues globally.
If we believe we are in a global economy...........and I do. Then these are relevant.
For Instance, an IT pro in India makes a lot of money compared to professionals in other fields there. Can anyone argue that this is not due to Globalization? In some areas and fields this situation will work in reverse.
We stand to gain by observing trends in other developed economies since it may be a harbinger of things to come here.
Protectionism in the rich world is growing, that is a fact and was only to be expected. We are reaching an inflection point here where if capitalists here want to continue this trend they have to also accept some unpalatable developments. This might include higher tax rates on property, investments and returns, higher risk threshold on overseas portfolio investment.........not just economic risk either (political and other risks are much higher in the developing world..........................for the naysayer Desi just think about the left successfully blocking the nuclear deal and Indira Gandhi's nationalization program). These will emerge in a democracy. It matters little what the position is on these issues by the elites or the 2 dominant parties in the US. A 3rd force will likely emerge if needed. Already we are seeing protectionists like Lou Dobbs, John Edwards gaining traction with their views. This article about the situation in the UK shows us the same there.
Change sometimes needs to be managed. I feel this is one of those situations. Immigration is good for the rich world. Especially our kind, highly skilled and entrepreneurial and linked to hyper growth economies of the future.
Lets hope our voice gets heard in after all this land of immigrants.
Anyway this just speaks to issues globally.
If we believe we are in a global economy...........and I do. Then these are relevant.
For Instance, an IT pro in India makes a lot of money compared to professionals in other fields there. Can anyone argue that this is not due to Globalization? In some areas and fields this situation will work in reverse.
We stand to gain by observing trends in other developed economies since it may be a harbinger of things to come here.
Protectionism in the rich world is growing, that is a fact and was only to be expected. We are reaching an inflection point here where if capitalists here want to continue this trend they have to also accept some unpalatable developments. This might include higher tax rates on property, investments and returns, higher risk threshold on overseas portfolio investment.........not just economic risk either (political and other risks are much higher in the developing world..........................for the naysayer Desi just think about the left successfully blocking the nuclear deal and Indira Gandhi's nationalization program). These will emerge in a democracy. It matters little what the position is on these issues by the elites or the 2 dominant parties in the US. A 3rd force will likely emerge if needed. Already we are seeing protectionists like Lou Dobbs, John Edwards gaining traction with their views. This article about the situation in the UK shows us the same there.
Change sometimes needs to be managed. I feel this is one of those situations. Immigration is good for the rich world. Especially our kind, highly skilled and entrepreneurial and linked to hyper growth economies of the future.
Lets hope our voice gets heard in after all this land of immigrants.
Munshi75
11-24 08:27 AM
I was on OPT for certain amount of time. But my H1B was approved during my 6th month of OPT . So unless there is any mention of future starting date on your H1B approval notice, you stand to loose the OPT and will be on H1B the moment you receive your receipt number. The REF does not matter at all as you have the receipt number and if you feel confident to deal with your reference.
Hope I did not confuse you further.
Hope I did not confuse you further.
more...
jonty_11
12-15 10:34 AM
recommend them to talk with some good immigration attorney rather than going to websites....u can point themto uscis website explaining H1B program , just google it.
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tinamatthew
07-20 09:49 AM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)
more...
jonty_11
02-08 04:55 PM
steve,
I know a person who applied two H1s with two different employers A and B. He got reciept numbers for both H1s' After that he hot a ref asking about which company he is going to join with.
He replied as he is going to work for company A. USCIS again send a ref asking him , why he applied for H1 with two companies when he knows that he is going to work for company A. That issues is still going on.
I wish more of this wud happen to run these cheats out of business.
I know a person who applied two H1s with two different employers A and B. He got reciept numbers for both H1s' After that he hot a ref asking about which company he is going to join with.
He replied as he is going to work for company A. USCIS again send a ref asking him , why he applied for H1 with two companies when he knows that he is going to work for company A. That issues is still going on.
I wish more of this wud happen to run these cheats out of business.
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prioritydate
08-14 01:04 PM
the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
I don't appreciate your comments. How come common sense come into this picture when I said I may be wrong!
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
I don't appreciate your comments. How come common sense come into this picture when I said I may be wrong!
more...
stuckinretro
09-04 10:52 AM
This is confusing. What is the source of this post?
1). It says there can be another 485 that can be filed for the new EB2 labor. Looks like a safer option.
2). It also says the dates have to be current to interfile. Needs lot of clarification to this post.
This is what I found in another thread:
"06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
• This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
• However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
• According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.
1). It says there can be another 485 that can be filed for the new EB2 labor. Looks like a safer option.
2). It also says the dates have to be current to interfile. Needs lot of clarification to this post.
This is what I found in another thread:
"06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
• This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
• However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
• According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.
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gcformeornot
02-11 02:39 PM
Hi desi9333, let me answer your question in general and note that this is not a speculation on the OP's case. A common reason for L1 denial could be that the USCIS determines that the petitioner isn't really in a 'specialty' occupation. For example, if his job description mentions java programmer, then he is more likely to get denied since we know there is a surplus of java programmers in this country (US citizens, LPRs and our favorite H1Bs). Since I was on an L1 visa, I know the purpose was really 'specialty' occupation which means you need to be an expert on something that's not easily available in the U.S.
To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
L1 is intracompany transfer. Means you worked for a foriegn company in some other country and you are expert in their technology(in-house) or products. And they require you at their office in US. That's where they should apply for L1 Visa.
To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
L1 is intracompany transfer. Means you worked for a foriegn company in some other country and you are expert in their technology(in-house) or products. And they require you at their office in US. That's where they should apply for L1 Visa.
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mrdelhiite
07-16 08:31 AM
They are entitled fro thier opinior and so are we as immigrants.
We are doing a great job so far, but have to do better.
Long live IV Core and its members!
I agree :)
-M
We are doing a great job so far, but have to do better.
Long live IV Core and its members!
I agree :)
-M
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sertasheep
03-26 12:04 PM
dpsg,
I think the point we're trying to make is TOI could probably write about "relevant" problems. Illegal immigration is not a problem we're fighting in this forum. Anyone recollect an article in recent times in TOI on impact of GC backlog and retrogression?
The press is the primary forum for people's voices to be heard even in a difficult democracy like India.
Let the media be aware of the problems NRIs are going through. Most people back home(Des) will think that people in the US have a cushy life with no worries, when the reality is different.
This topic is really debatable, but its simply my humble opinion.
And guess what: making the India NRI minister (Vayalar Ravi) of these issues didn't even result in getting an email response back. We might as well expect that "nothing will happen". But, what's the harm in trying? Just a few minutes of time (and electrons) expended).
I think the point we're trying to make is TOI could probably write about "relevant" problems. Illegal immigration is not a problem we're fighting in this forum. Anyone recollect an article in recent times in TOI on impact of GC backlog and retrogression?
The press is the primary forum for people's voices to be heard even in a difficult democracy like India.
Let the media be aware of the problems NRIs are going through. Most people back home(Des) will think that people in the US have a cushy life with no worries, when the reality is different.
This topic is really debatable, but its simply my humble opinion.
And guess what: making the India NRI minister (Vayalar Ravi) of these issues didn't even result in getting an email response back. We might as well expect that "nothing will happen". But, what's the harm in trying? Just a few minutes of time (and electrons) expended).
more...
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chanduv23
10-02 10:08 AM
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polapragada
10-23 05:56 PM
This seems pretty amazing. I wonder how it will play out in action.
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
It is very good law...Thanks for sharing..
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
It is very good law...Thanks for sharing..
more...
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sen
09-04 09:59 AM
I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?
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whiteStallion
10-09 02:23 PM
I used my H1B since that had a further date of expiry than my EAD but when my next renewal comes up I guess I will have to show EAD as my H1B will be in process of being renewed then.......
Might have to keep alternating if you have a choice......its kind of an irritant for sure........DMV has no issues with our status when they want us to renew our registrations :mad:
If I am paying my taxes as a resident then I should get the same benefits... :rolleyes:
I completely agree with you but I afraid things are only going to get worse, just like the US economy, for the immigrants...
Might have to keep alternating if you have a choice......its kind of an irritant for sure........DMV has no issues with our status when they want us to renew our registrations :mad:
If I am paying my taxes as a resident then I should get the same benefits... :rolleyes:
I completely agree with you but I afraid things are only going to get worse, just like the US economy, for the immigrants...
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krishnam70
03-26 12:28 AM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
Templarian
08-31 11:36 AM
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Can you guys think of any comics you want in smilie form (I tried xkcd, but thats a hard smilie to make). So far we have:
Calvin & Hobbes
Garfield
Dilbert
Somone want to give a crack at foxtrott.
Can you guys think of any comics you want in smilie form (I tried xkcd, but thats a hard smilie to make). So far we have:
Calvin & Hobbes
Garfield
Dilbert
Somone want to give a crack at foxtrott.
gc_kaavaali
12-09 10:53 AM
Guys,
Right now there are 154 guests accessing this site...please become a member, join state chapter and please please contribute to IV..
Right now there are 154 guests accessing this site...please become a member, join state chapter and please please contribute to IV..
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