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  • am4gc
    12-29 05:46 PM
    How can they change the interpretation of law in 2006?

    Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.

    The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.

    In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only.

    How can they change the interpretation of law in 2006?
    Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.





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  • wc_user
    11-03 05:19 PM
    Having said all this, I think it is safe to stay for a few months and then move on.. Wehave waited for nearly a decade.. what's the problem in staying for 4 months or so.. just take a vacation and go to India.. A month will go while in India, couple of months in planning and another month in recovering from Jet lag.. there you go.. it is 4 months now..





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  • hebron
    08-20 10:20 PM
    Hello Friends,

    As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]

    At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.

    I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.

    I really want to do that. I am not sure where to start.

    1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.

    2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.

    3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.

    Gurus...any help or advise or information is really appreciated.

    Thanks,

    I would say all three options you listed in your post are good and worth pursuing in the order they are listed...i.e., talk to you current employer about EB2 and if they are not willing, look for a new employer who is willing to do EB2. I am not a big fan of option #3 as I have had bad experiences with my very first desi employer in US, but there may be good ones out there.





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  • gc28262
    03-27 09:18 AM
    Well, for one, a driver's license is the most commonly accepted proof of identity. It's not just about driving skills. The procedures for it's issuance affect the security of the country. Sorry, I think it is you who are missing the point.

    Drivers license is not meant to be used as an identity document. US has screwed that logic anyways. One of the security issues is this country uses drivers license as an identity document.

    Even if it has to be used for identity purpose, an identity document says this document represents the person holding it and his identity has been verified. Immigration status or job verification has nothing to do with identity.

    How does employment verification serve the security needs ? If so, are citizens guaranteed not to do anything against the security of the country ? I don't think so.

    Are employers the ones who vouch for security credentials of an individual ?

    All nonsense.



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  • IV2007
    07-24 04:23 PM
    I applied for EAD renewal (efile) on June 2nd.

    Did FP on 26th June.

    recieved email yesterday !!!





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  • svr_76
    03-11 06:31 PM
    Nope.

    For a consulting company ( unless it is some outsourcing company like Infosys), a company cannot produce the following info for a first time H1B candidate

    A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.

    Consulting companies exists for the reason that clients won't make an offer to the candidate unless he is already in US.

    Before starting to blame consulting companies, ask yourself a question.
    How many of you got a job offer from a US company ( non-consulting) when you were in India ?

    Either you came to US through a consulting company or you were a student in US.

    Per your logic if someone tries to stop/end bribing in India, you will question them saying-

    Before starting to blame Bribe seeking entities, ask yourself a question.
    How many of you bribed an entity to get your work done, or asked for bribe to do the work for someone?

    What you are saying..about consulting companies not having a "job" at hand to offer is the mis-use of the Visa. This is the loop-hole that cause small time shops to jsut bring a lot of people onsite and then start sending resume arranging interviews etc....and then when this size increases they resort to means like not paying enough or providing them company guesthouse and kitchen + some money to buy grocery and few more buck but not the entire salary..... This is all how it started (the mis-use started)....and that is why consulates have imposed stricter checks.

    It same with the foreclosure crisis...uptil now Bank gave loans (equivalent to visa) w/o complete and proper documentation..which cause ppl getting loands/home when they cannot afford it... now when this whole mess is identified..they want to implement strict enforcement of not giving No-Document, 0-Zero payment loans etc... and you are suggesting to ask people the same question - Have you received such loans in the past ..if yes then why object now... ?



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  • ram04
    04-29 04:42 PM
    :D

    Actually the SU-30MKI beat both the F-15 and Euro fighter in training with the US and RAF, and is developed jointly by HAL.
    Eurofighter has also invited India to partner in its development


    India has so good grip on Russian & European Aviation technology (I got opportunity to be a part of MIG s and Jaguar upgrades for several versions in IAF &HAL).
    In fact India is already involved into actual development & reselling of Russian MiG version air crafts to some third world countries after Russian collapse.
    Inherently Russia always carry the base line fundamentals forward to newer technologies. By already having good expertise on those,
    It perfectly makes sense from India's point of view to go with SU 30 and Euro fighters compared to F versions.

    Immigration - It may not have any impact on immigration even if it is, what difference it makes after loosing so much of precious time in waiting already.





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  • gc_check
    05-11 01:27 PM
    Obama getting ready for 2012 Campaign !!!
    (http://www.barackobama.com/get-involved)



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  • sayantan76
    05-29 07:11 PM
    I already sent one. Trying to do something about the problem is fine; grumbling over things that we cannot do anything about is not.

    It is definitely not OK to be posting unconfirmed data as above.
    I am on a non immigrant visa and am fairly close to getting my green card through EB-1 under current system - so am basically screwed if the new law passes. I have sent my share of web faxes and have made my wife/ friends at work do the same. I view green card as a logistical convenience and not a do or die thing. If GC does not work out and my work visa upper limit expires - my company would move me elsewhere (or I can get another job somewhere else)....I dont consider myself beholden to any country except India (my country of birth) and would happily move around till I can afford to settle down comfortably in India

    However, if I think rationally without being condescending, here is my take:

    Legislators in a democratic country are answerable to the people who vote (that excludes all of us). If the Indian MPs start listening to the thousands of neighboring country (no offence intended - just illustration of a point) immigrants while making up their mind on any legislation - I would be damn pissed off - regardless of whether they pay taxes or not.

    When we all came to US on work visas - US Govt did not make any promises about green card nor did they extend an express invitation to most of us (there may be some exceptional scientists/ educators etc here and I beg their apology)......the contract was between us and sponsoring employers..not with the US Govt...US Govt may choose to legislate the way they deem fit without asking us or listening to us- regardless of what 1 million folks have to say

    The opposition to the new law from skilled, legal non-immigrants is not united....nor are the demands uniform....a divided front can never be a strong front.

    No matter what IV or any other organization does (not to take anything away from the great work being done here)......the senators/ congressmen would listen only to those who have voting rights....I dont think anything is being done here to change public opinion of the common US citizen.....and I am not even sure how to do that....common US citizens think that Indians (and other work visa holders) are here to take away the nice white collar jobs which they took for granted.......

    Senators/ congressment do not (and they should not in a real democracy) have any opinion - they are supposed to mirror the opinion of the voting majority...the reason they care about the illegal immigrants is because the ethnic segment from which an overwhelming number of illegals come from - their legal US citizen brethren have put their electoral weight behind this.....since many families are like 50% legal and 50% illegal......





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  • tinku01
    02-12 02:37 PM
    great point mr internet then I think CP filiers should other way to make their efforts and should not participate in letter campaign since there are lot of people who are waiting in CP queue.....anyway are you British...it seems to me from your reply:rolleyes:



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  • JunRN
    07-16 11:11 PM
    I myself is interested to get the interim benefits now and not expecting to receive the GC right away. But I can feel the frustration of those who are already in the few last steps.

    After getting the EAD/AP within three months, I don't think our problem is solved already. We will be at certain point in time be in the same situation as the poster above.





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  • mugwump
    01-04 11:25 AM
    Yeah if the restriction was for non immigrants none of their "special" buddies from gulf states like UAE, Saudi, Kuwait etc would be able to visit.

    Many of those " special buddies" would have diplomatic passports, hence no inspection at the POE

    But i think you can not practice polygamy or bring multiple spouse to the US on non immigrant visa



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  • transpass
    08-07 11:46 PM
    Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..if she is currently working in india..u can try L1 too....ofcourse for H-1B u need to wait for one more year..i don't think US embassy in Chennai will get to know u got married unless she tells them..there is no fraud or anything in this..i believe it's like..don't ask, don't say..ur not cheating anyone..trying to find a small loop hole for a very good reason..

    dude,

    you have to disclose whether you are single or married. If you wanna do it go ahead, but don't give some bad advice to others...it's not your life...





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  • natrajs
    08-31 06:12 PM
    I have discussed it with my Chinese co-worker and he asked if this IV's is only for Indian's, I said "NO"

    IV is for all the community

    And gave him tour of IV's website Guess what, he is joining me now, all we have to do is to reach out to your friends spread the word about the rally

    I also had a business trip conflict with the DC Rally; however I decided to talk to my boss and explained him about the Rally. He immediately agreed upon and allowed me to postpone my business trip.

    If there is a �WILL� then you will find your way to DC



    Go to DC To Get GC



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  • grupak
    06-12 02:50 PM
    The text of the testimonials on the sub committee hearing is uploaded. Do find the pdf of the testimonials at http://judiciary.house.gov/oversight.aspx?ID=452

    All the witness except Mark Krikorian felt the 3 bills from Rep. Lofgren and one bill from Rep. Wexler (HR 5924 - addressing Nursing shortage) are the need of the hour.

    Let us keep working on the phone campaigns.

    Interesting reading. Wonder what is it about eugenics that still appeal to some people: Just get some geniuses and they will build heaven as opposed to people who are actually providing vital service to the community. I guess I should get my IQ results translated to English first.





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  • genius
    05-02 03:03 AM
    Hi everyone,
    Last week one of my friend(Mexican) from mexico was sent back from the airport and her visa was revoked (B1/B2).The officer claimed that since she lived in the US for almost 5-6 months (no overstays) for the last 2 years,she must have worked here.Is there any possibility that she could apply for another visa (either after waiting for a few months and what are the Odds?).Can the immigrant lawyer do anything to help her get her any other visa (student or something).

    Please help!!


    Thanks in advance!!!



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  • vnsriv
    05-13 03:50 PM
    I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.

    My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.

    My wife has her own H1b valid till Dec 2008.

    We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).

    Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.

    My wife has mentioned that she will be applying for Divorce in USA.

    Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.

    Sad to hear about divorce. What is your PD date, EB category and country





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  • gconmymind
    10-11 04:43 PM
    This situation is really bad. There are so many people who missed the deadline as their labor was stuck in BEC. USCIS should at least allow a one-time chance (like July 2nd) for such people to file 485. I was lucky to clear the labor stage earlier this year.





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  • reddysn
    05-29 05:15 PM
    You have atleast God to keep faith in. What about non-beleivers like me?
    I am just keeping faith in IV though.


    ramus and tikka fyi ,just in case you may jump in, I already sent web faxes and mailed and ...

    .
    Just keep things in perspective and have faith in God and your destiny.





    cellphone
    12-13 03:53 PM
    5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?

    Please let me know as much as info/ guidance you can provide to me.

    Great thanks in advance for all of your help.

    -------------------------------------------[/QUOTE]

    I work in a company that has got a decent name in the field I am working in. They recently have introduced a rule stating that I have to stay with the company for a year after GC before I can decide to leave for another company. Otherwise, I'll have to pay back the expenses incurred in the GC process.

    I, however, would ask around and talk to someone working in this company u are about to join.

    If this works.... you are definitely lucky!!





    diqingshen
    01-31 01:36 PM
    U.S. Proposes Rise in Immigration Fees (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/30/AR2007013001762.html).


    By SUZANNE GAMBOA
    The Associated Press
    Wednesday, January 31, 2007; 2:47 AM

    WASHINGTON -- Becoming an American citizen could soon cost almost twice as much.

    The Bush administration will propose nearly doubling the fee charged applicants for U.S. citizenship and significantly increasing fees for other immigration benefits, congressional and administration officials said Tuesday.

    Fees for a wide variety of immigration services would rise an average of 66 percent, said two government officials who did not want to be named in advance of the administration's formal announcement of the proposal Wednesday.

    The current fee of $330 to apply for citizenship would rise to slightly less than $600, an administration official said. Other fee increases are possible for green cards conveying legal residency, which now cost $325.

    Applicants also now pay a $70 fingerprinting fee in each case. Fees also are paid for things such as work permits, replacing lost green cards and petitions to adopt orphans from other countries.

    The proposed fee increases would not be final until after a public comment period.

    Congressional Democrats last week warned in a letter to Emilio Gonzalez, director of the Homeland Security Department's Citizenship and Immigration Services, that they planned to review the agency's analyses behind any proposed immigration fee increases.

    The letter was signed by Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., immigration subcommittee chairman Sen. Edward Kennedy, D-Mass., House Judiciary Committee Chairman John Conyers, D-Mich., and immigration subcommittee chairwoman Rep. Zoe Lofgren, D-Calif.

    Immigration advocates have been bracing for the expected jump in fees. William Ramos, Washington director for the National Association of Latino Elected and Appointed Officials, said the increases are "just going to be devastating to our communities."

    "It will basically create another obstacle for those who want to realize their dream of becoming American citizens," Ramos said.

    Citizenship and Immigration Services covers its costs with application fees. The agency is required to do a fee analysis every two years to determine whether money raised from fees is covering costs. The agency last raised its fees in 2004, citing the cost of more intense background checks in the wake of the Sept. 11, 2001, terrorist attacks.

    Immigrant advocates long have argued that the agency's costs cannot be absorbed by application fees. They want Congress to appropriate money to help pay costs.

    Large fee increases would be heavily felt in the Asian community, where two-thirds of the population in the U.S. is foreign-born, said Traci Hong, director of the immigration program for the Asian American Justice Center.

    About 70 percent of foreign-born Asians in the country become American citizens, a high rate for immigrants. Hong worried that higher naturalization fees would slow that rate.


    Also I heard a rumor that they are going to allow filing of i-485 for review first and then let you wait for the visa number. Hope it is true!



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