Tuesday, June 14, 2011

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  • mhb
    07-05 11:42 AM
    http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants


    PLEASE DIGG!!!
    DUGG!!!




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  • jambapamba
    07-18 07:44 AM
    Come on, man. We are paying too much attention here. Look, there is always somebody stuck somewhere. People are stuck in BEC, in other contries. People are stuck in Afganistan, Bangalore, there are hungry people stuck in Africa. So? If there are hungry people, then I can't enjoy my dinner then? Someone always has to come and say "you enjoy and there are people stuck somewhere"? What's your reaction would be if someone come on your wedding and start complaining that he is impotent? - these are a little extreme examples, just to make a point.

    I'm a June filer, and this July thing will hit me too, but I still congratulate those July filers. So what? I understand that we will start getting our EADs in a year (so we would be applying for next EAD once we got current one). I understand that USCIS officers will be irritated and pissed, they will be under tons of application and everybody will be calling and bugging them. So? I realize that it maybe will take 3-4 years for us to get GC. So? I realize that DOS might retrogress now dates for many years on Oct, and will not do the same stupid mistake as making dates current and unleashing the voluntary slaves. So?

    Today was little tiny success and it was day of tiny celebration. There is day for complaining and there is day for celebration.

    oh god...people stuck at BEC are compared to people "stuck" in afghanistan/africa. Dont understand what they are stuck for... :o




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  • vrbest
    06-08 05:23 PM
    You can send 2 passport photos along with your other documents.. Since it is the first time, you wont have old AP and no need to send it also (;))
    Hi,
    couple of confusing questions regarding AP (I-131) renewal using E-File. As I am using E-File first time, I would appreciate help very much.

    1. Do we need to Send the pictures along with the application first time itself or need to wait to hear from USCIS for the pictures?
    2. Reading this thread, I came out with a list of things that I need to send with my e-file application. Please correct me if I missed something or if I am sending too much.....

    a) (Color photocopy of) Biomatric pages of Passport
    b) Photocopy of I-485 (I-797)
    c) Completed application printout
    d) 2 PP ??????
    e) Photocopy of old AP ????

    Thanks in Advance.....

    Regards,
    we_r_d_world




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  • PD073102VA
    03-19 11:42 AM
    Here is what Attorney Mathew Oh thinks about provisions for STEM.

    Section 406. Visas for Individuals with Advanced Degrees: Section 406 exempts from the numerical cap on employment-based visas aliens with advanced degrees in science, technology, engineering, or math, and has worked in a related field in the U.S. during the 3 year period preceding their application for adjustment of status.

    [Matthew Oh Comment: This benefit appears to apply not only to the U.S. earned advanced degree holders but also to those advanced degree holders who earned the degrees in the foreign countries as well.]

    It also exempts immediate relatives of aliens who are admitted as employment-based immigrants from the numerical limitations of 203(b).

    [Matthew Oh Comment: Exemption from the numerical limitation of spouses and children of EB immigrants and exemption from the numberical limitation of advanced degree holders in science, technology, engineering and mathematics with 3-year employment in the U.S. would practically make a substantially large addtitional numbers available to the total EB immigration numbers beyond the total cap of 290,000.]

    Finally, it increases the available visas numbers for H-1B nonimmigrants and provides an exemption from the numerical limitation aliens who have earned advanced degrees in science, technology, engineering, or math.

    [Matthew Oh Comment: Currently those advanced degree holders who are benefitted from the different H-1B annual cap are limited to the U.S. earned advanced degree holders. Besides, they are still subject to a cap, albeit separate, of 20,000 annually. This provision appears to make totally H-1Bcap-exempt for those advanced degree holders in science, technology, engineering, or mathematics.]

    The H-1B numerical limitation is also supplemented with a flexible limitation that is set according to demand for foreign high-skilled workers.



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  • hsingh82
    08-09 11:16 AM
    yes these are very relevant qs.....will someone from canada pls advice abt these especially the cost of living, property and savings....

    I have never lived in Canda but married to a Candian citizen so I am writing this with her help and with my limited knowledge. I don't think 50K per year is enough, you may survive but living standard won't be as good, say, compared to Texas (if you are in CA then its different comparison). You pay more taxes, high insurance premiums, clothes are expensive etc. everything is higher. As per my bro-in-law, the sale price of houses in Houston is less that the cost of building house in Toronto (he is a financial consultant in Toronto). I heard socially Canada is better than US and have nicer people.

    Heathcare is free (not dental, vision etc.) but you eventually pay more taxes for that so if you are planning to bring your parents this could be good but for healthy young family basically you pay more taxes for health of others. Healthcare can be compared to US but not as good because there is cap on doctor's income (300K??) and many good doctors move to US.

    TN is defnitely good and hopefully it will remain for canadian citizens and can be renewed with no cap for maximum years but but your dependents can not work with your TN visa.

    I, myself, have applied for Canadian PR and should get it soon but that's just as stand by and won't move there unless I have to.




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  • acecupid
    07-15 06:14 PM
    Here is the actual text of the visa distribution law. Also available on USCIS website.


    INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
    Sec. 202. [8 U.S.C. 1152]
    (a) Per Country Level. -

    (1) Nondiscrimination. -

    (A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.

    (B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-

    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).

    (b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-

    (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;

    (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.

    (c) Chargeability for Dependent Areas. - Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in section 201(b) , shall be chargeable for the purpose of the limitation set forth in subsection (a), to the foreign state.
    (d) Changes in Territory. - In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.
    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).



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  • unseenguy
    05-31 03:00 PM
    Could not agree more. We are masters of everything related to caste, quotas and discrimination and we need to fix our own house before complaining about other countries, airlines etc.

    So until your house is fixed you will not complain against any injustice meted to you by others?




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  • paskal
    09-20 10:58 AM
    they were not formed at the last moment in most cases
    what makes you think people participate in those? from personal experience
    in the MN chapter, it's hard to even get replies to e mails, forget meetings etc. of late though i'm glad to say the MN chapter has really beugun to pick up again.
    ask the tri state guys how much effort they put locally- meetings- fliers- phone calls, all by a handful of volunteers. so all this is good in theory and yes it takes time. but the apathy (even hostility) that was encountered was frightening. ask chanduv23 someday what the tri state guys went through...



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  • logiclife
    02-12 12:38 AM
    If you have questions, please use the phone number to call us. We cannot send PMs to too many people. Its just quicker to answer the phone.

    850-391-4966.

    We will answer as many questions as we can.

    Please do not turn your anger against each other if you disagree.

    Thanks.




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  • amsgc
    03-20 10:01 PM
    Dude,
    Please stop confusing people - there is no such thing as a H-1B transfer.

    It is a misnomer. When you move to a new employer, the new employer files a "new petition" with a request to extend your stay.
    If you wish to continue working for your current employer, you can do so.

    Refer to snathan's post, he has summed it up correctly.

    The original poster is good to go - all he has to do is inform USCIS that the never worked for the new employer, and therefore, there are no paystubs, w2forms, etc.


    Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast. When you say some one is wrong, you have to quote law.

    Ok, Here's what law says about so called "transfer"

    . . .



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  • Caliber
    05-20 02:34 PM
    Dear friends,

    Please start contributing. Imagine many more years Renewing H1, EAD and AP and the stress that we will have to go through if we do not act NOW. We need a bigger push.

    Inform all the friends. Any contribution will be great.

    Help yourself.




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  • JazzByTheBay
    09-21 09:52 AM
    I am not indian, I am chinese, and I attended the rally in DC. I am so touched by you brave indian people. while I feel such a shame that we only had much less chinese there. part of the reason is that IV is originally indian club. we got the message but kind of lack the close organization.

    Thanks for coming Elle - highly appreciated!

    IV is not intended to be an Indian club. You can help change that by encouraging more Chinese and other affected non-Indians to participate actively.

    Nevertheless, Indians do seem to be in the majority from those who are severely affected by legal immigration issues and are active. IV's membership demographics reflects that.

    If you have any thoughts on how to encourage more folks from your community or other non-Indians to participate please feel free to share here or PM me.

    4. we really need to study the illegal immigrant rally last time, how successful they were !!!!

    Any thoughts on that? Have you talked to any folks involved with such rallies?



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  • needhelp!
    11-24 08:19 PM
    Join your state chapter and DO something for yourself.




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  • cagedcactus
    10-10 10:19 AM
    Ok so here is the update on the list so far.

    Confirmed are :
    Cagedcactus, Walkingdude, Simon, Swamy, Chintu25, Amitga, Bestin, Janisal, Siravi, Alien, Curious techie, noGc noProblem, GCcomesoon, miapplicant.

    Maybe:
    FinalGC, Kumar, Lakewalker.



    If you see your name here in correct catagory, you may confirm.

    If you dont see your name in this list, please post and confirm.

    If you change your status from Maybe to Confirmed, please post.

    Lets keep the thread alive and kicking so we can recruit more people.

    I understand that we have friends in Lansing and Flint and elsewhere. Troy is the centerpoint right now, because we have more folks in the area. we will change the location for next meetings upon a common vote in first meeting.
    If you cant attend, doesnt mean you are not active and useful. You are very much an important part of this. Once we get comfortable with each other, and place name to the faces, we can have meetings over the phone, and be able to communicate that way too....

    If you are able to bring a friend or co worker, who is not a member here, just mention it in your post. We can talk to them about becoming a member here at the meeting.



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  • houston2005
    06-10 09:36 AM
    Senator Hilary Clinton introduced an amendment to exempt apllicant's dependents from visa quotos, which will reduce the retrogression signifcantly, why Core choose the Coryn's not supporting Hilary Clinton's? She is very likly to be our future president.
    Her amendment realted to FB based and not to EB based.

    PS: I am not from IV core




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  • RajForGC
    06-19 04:07 PM
    Does this Bill and all associated Amendents get the new introduction date or it will basically take over from the Last Bill and Amedments. I am asking this question because last bill saying 140 after May 15 will be invalidated. Is thi still valid for this Bill? or they are gonna use tomorrow's date.



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  • mrajatish
    03-21 12:06 PM
    I really hope sanity returns to the group and we make a concerted effort to get the current bills passed. As it is, we have an uphill battle, and now, if internally people start thinking that we are better off without the bills, we will never get anything done.

    For people who are confused, unsure, unclear about the benefits of Specter/Frist's bill, the benefits are enormous
    1. Right now, you have to wait 7-8 years in Eb3 category to get GC. Even if Specter/Frist's bill pass in the current form, and you are in Software, you could get yourself a MS in Comp. Science and get EAD in 1.5 years. Can you imagine the benefits of that?

    Ask yourself the question - am I ok with my situation for the next 7-8 years?

    The bill is not bad in its current form - we just want to make it better for us by including favorable clauses like 485 filiing and AC 21.

    Do not always start looking at the darker side of things - we need something to happen to end the immigration imbroglio we are in. I cannot re-emphasize the need for a bill to pass this year that will contain EB provisions.




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  • qvadis
    03-20 08:33 PM
    The visa office's interpretation is correct and if you read 202 (a) (5) it clearly says that the country limits should be ignored for unused visa numbers.

    Well, which interpretation? The one from April '08 or from November '05? They substantially differ. That's part of the controversy. What motivated them to change it?

    I do think that the interpretation is, at least, debatable, and I can see both interpretations. In the end, the question comes down to: does the country limit have priority over the EB category, and I don't think you can have a conclusive answer.


    I have gone through the sections of 202 (a) (5) and 203 (b) and the text of the law does not say that prefer country limits over categories.


    But it also doesn't say the opposite.


    In 202 (a) (5) it actually says assign visa numbers wasted in any category can be assigned with out per country limits. If you look at how they overflow from one category to another, those visa numbers belong to that category before they do NOT belong to a oversubscribed state or belong to ROW.


    It also states: if Visas available. You can certainly construe the case that Visas can only be available if they cannot be assigned to a lower category. 202 (a) (5) (B) actually states that only in application of 202 (e), Visas should be deemed to be required. Does that mean they are not required otherwise? 203(b) actually uses the same terminology to allow non-required visas to fall through.

    Historically, before AC-21 was added, Visa numbers were wasted because they needed to be assigned in proportion. Irrespective of the interpretation of 202 (a) (5) this cannot happen with AC-21.




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  • rsrikant
    07-20 10:37 AM
    hey guys,

    please put me in loop also..
    my id is r s r i k a n t @ g m a i l . c o m

    i will appreciate if you let me know how you plan to file for 485 with out receipt no...




    Jaime
    09-11 10:36 AM
    Here you go: Don't let anti-immigrants have the last say! It's within your power to make your voice heard, just like they make their voices heard every day. Why should only they speak, while we remain in silence? Think about it. Is your green card important to you? Think about it some more. Now, make your arrangements to join us in DC!!! You still have time, and we will help you with travel funds!!




    santb1975
    04-27 07:40 PM
    5 hours passed and no contributions??? :confused:



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