Legal
07-18 02:28 PM
Ok, firstly, if you are really honest about your feelings, no one is really happy for another unless what the other has done is useful to you. You can wax your eloquence with claims to contrary, but you know it is true. So stop this pretensions.
Ok, you want a constructive suggestion? Rat on everyone who is doing fake jobs, is a body-shopee, bought his GC etc. That should get rid of at least 20-30% (conservative numbers). How many will support it? I guess not many.
How about asking USCIS to make the priority date of the substituted applications to be the day 140 is filed? Any takers there? I guess not.
And then people have the gall to tell us to be happy for Eb2ers, and that we are jealous.
PS: I realize that substitution is no longer possible, I mean to ask USCIS to retroactively apply the priority dates for such cases.
sc3, First of all let me express understanding of your agony and disappointment. If I were in your situation, probably I'll be talking like you.:)
You recite several unfair things. Who said there aren't any unfair things around? IV has feeble power when comapred to the massive muscle and money power of various lobbies who are stacked against us. In this context saying things that could undermine the unity of IV members can only further undermine any future efforts. Are you saying IV should "rat out" these people who have fake jobs and work for body shops?
A very dissproportionaely large number of EB3ROW and EB3I were adjudicated last June 2007, one ecould say at the expense of EB2-I. It is not unreasonable for EB2-I members to feel this way.
The question should be what to do now? There is no other way than lobbying for recapture bill.
Ok, you want a constructive suggestion? Rat on everyone who is doing fake jobs, is a body-shopee, bought his GC etc. That should get rid of at least 20-30% (conservative numbers). How many will support it? I guess not many.
How about asking USCIS to make the priority date of the substituted applications to be the day 140 is filed? Any takers there? I guess not.
And then people have the gall to tell us to be happy for Eb2ers, and that we are jealous.
PS: I realize that substitution is no longer possible, I mean to ask USCIS to retroactively apply the priority dates for such cases.
sc3, First of all let me express understanding of your agony and disappointment. If I were in your situation, probably I'll be talking like you.:)
You recite several unfair things. Who said there aren't any unfair things around? IV has feeble power when comapred to the massive muscle and money power of various lobbies who are stacked against us. In this context saying things that could undermine the unity of IV members can only further undermine any future efforts. Are you saying IV should "rat out" these people who have fake jobs and work for body shops?
A very dissproportionaely large number of EB3ROW and EB3I were adjudicated last June 2007, one ecould say at the expense of EB2-I. It is not unreasonable for EB2-I members to feel this way.
The question should be what to do now? There is no other way than lobbying for recapture bill.
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BMS1
10-20 08:51 AM
Hi.
My friend's wife is in a tricky situation. She has an approved EAD through her husband's I-485 petition.
She was working with company A on her own H-1 and decided to quit employer A and join new company B on EAD. At the very last minute company B has rescinded her job offer. She now cannot return to former employer A as well.
Is she in any status violation if she justs sits at home with an EAD but no job for a few weeks ?
Can anyone share their views ?
Thank You.
I do not see any issue here at all. Most of the housewives (including mine) and sons/daughter take EAD/AP and do not work. EAD is just an authorization, not a compulsion to work. Being legal here stems from the fact that her petition to adjust status (I485) is pending for decision from USCIS.
My friend's wife is in a tricky situation. She has an approved EAD through her husband's I-485 petition.
She was working with company A on her own H-1 and decided to quit employer A and join new company B on EAD. At the very last minute company B has rescinded her job offer. She now cannot return to former employer A as well.
Is she in any status violation if she justs sits at home with an EAD but no job for a few weeks ?
Can anyone share their views ?
Thank You.
I do not see any issue here at all. Most of the housewives (including mine) and sons/daughter take EAD/AP and do not work. EAD is just an authorization, not a compulsion to work. Being legal here stems from the fact that her petition to adjust status (I485) is pending for decision from USCIS.
Madhuri
09-21 10:47 PM
I was 100% determined in the beginning to attend the rally, but could not for the following reasons.
1> I was in Dallas and family in SoCal for last 9 months(from Dec 2006 to be precise). I used to meet my family every other weekend. Was trying very hard to find a project in Socal, and finally I got one where joining date was Spet 13th. I could not dare to ask for leave in the very first week. To tell you the truth it took so long b'cos of H1 status, everybody wants me to transfer my H1 or they are looking only for GC/EAD holders. Hoping to get EAD soon.
2> My husband was planning to attend but somewhere in Aug last week we got FP notices and date is Sept 18th. The FP letter clearly mentioned that postponing might cause delays so we decided that he also has to drop the idea.
Of course we contributed towards the rally.
I am very proud to be part of such excellent grass root organization and now since I am in Irvine I can be active in Socal chapter.
Also we are eager to join in the next rally and have total faith in IV leadership.
1> I was in Dallas and family in SoCal for last 9 months(from Dec 2006 to be precise). I used to meet my family every other weekend. Was trying very hard to find a project in Socal, and finally I got one where joining date was Spet 13th. I could not dare to ask for leave in the very first week. To tell you the truth it took so long b'cos of H1 status, everybody wants me to transfer my H1 or they are looking only for GC/EAD holders. Hoping to get EAD soon.
2> My husband was planning to attend but somewhere in Aug last week we got FP notices and date is Sept 18th. The FP letter clearly mentioned that postponing might cause delays so we decided that he also has to drop the idea.
Of course we contributed towards the rally.
I am very proud to be part of such excellent grass root organization and now since I am in Irvine I can be active in Socal chapter.
Also we are eager to join in the next rally and have total faith in IV leadership.
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chanduv23
12-10 07:12 AM
People feel as if they have achieved something big after getting an EAD. EAD is not a visa and EAD status is not a valid status. You in fact lose your h1b valid status once you invoke AC21.
I have personally seen people change their attitudes as if they have achieved a gold medal in Olympics and talk big about "'Fingerp[rinting", about AC21, as if they have written the AC21 law. Does anyone know how AC21 came into picture on the first hand? There was an advocacy group called "Immigrant Social Network" that was behind the AC21. Prior to that, EB rules were extremely stringent with no portability.
Everyone browses this website, gains knowledge and behaves as if he/she is an immigration expert and has achieved something big.
We have been cajoling people. To what extent?
Words cannot describe the amount of effort "needhelp" has been putting in. She still continues to be the same and claims that her morale will never go down and her commitment levels have increased. All the cowards, and so called smart asses - try to learn some good lessons from people like her.
Life is not all about shopping at Macys, talking about fingerprinting, and watching TV, and spending hours on phones talking about how dealstobuy is different from buy.com or not about how CVS pharma sells the same item for less rate than rite aid. Life is not all about "sitting here doing nothing and talking about how different countries are rising and why one MUST not care for his own good"
IV is a volunteer organization and every member is equally responsible member. If you try to elude, and act smart - it only reflects your dirty character.
If you are here, do something. Yes, atleast something that you feel you can do. Please do not cheat those who are working extremely hard for your cause.
I have personally seen people change their attitudes as if they have achieved a gold medal in Olympics and talk big about "'Fingerp[rinting", about AC21, as if they have written the AC21 law. Does anyone know how AC21 came into picture on the first hand? There was an advocacy group called "Immigrant Social Network" that was behind the AC21. Prior to that, EB rules were extremely stringent with no portability.
Everyone browses this website, gains knowledge and behaves as if he/she is an immigration expert and has achieved something big.
We have been cajoling people. To what extent?
Words cannot describe the amount of effort "needhelp" has been putting in. She still continues to be the same and claims that her morale will never go down and her commitment levels have increased. All the cowards, and so called smart asses - try to learn some good lessons from people like her.
Life is not all about shopping at Macys, talking about fingerprinting, and watching TV, and spending hours on phones talking about how dealstobuy is different from buy.com or not about how CVS pharma sells the same item for less rate than rite aid. Life is not all about "sitting here doing nothing and talking about how different countries are rising and why one MUST not care for his own good"
IV is a volunteer organization and every member is equally responsible member. If you try to elude, and act smart - it only reflects your dirty character.
If you are here, do something. Yes, atleast something that you feel you can do. Please do not cheat those who are working extremely hard for your cause.
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gkebiz
01-14 05:34 PM
Dear ALL,
I have written directly to the President-elect Barack Obama in response to an invitation to contribute to his Citizen Briefing Book in his change.gov website.
PLEASE GO to this link and VOTE for this article in order that it may be taken up by the Charter to be presented to the President. Click here ---
http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004s1h&srPos=0&srKp=087
The full text of the article is reproduced below:
IMMIGRATION REFORM ALLOWING H4 VISA SPOUSE TO WORK
"The time to fix our broken immigration system is now� We need stronger enforcement on the border and at the workplace� But for reform to work, we also must respond to what pulls people to America� Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs, we should." -- Barack Obama, Statement on U.S. Senate Floor, May 23, 2007
Well said Sir, and now as President-elect, we hope to see some action on above.
This issue I bring to your attention may seem trivial, but throws light on darker side of the life of dependent H4 visa holders, who are mostly women. And since you endorse women empowerment, I believe you will give a serious look at this idea.
Theres a strong lobby support for increasing H-1B visa cap to address the shortage of skilled workers. Theres also a strong lobby opposing it. This idea will satisfy both the lobbies. A very simple way to literally double the number of already available skilled workers in the USA without having to increase the visa cap. Allow me to explain....
Currently the spouse of H-1B holders, the H4 visa holders are not allowed to work. Most of these H4 Visa holders are qualified, skilled and experienced. In one stroke of the pen, by amending this tiny rule allowing H4 visa holders to work, you will facilitate thousands, if not millions of already legal & available skilled workers in the US, to work. Please note that spouse on L2 Spouse/Dependent visas for L1 visa holders (intra company transferee's), ARE allowed to work through an amendment in 2001. And this can be used as a precedent. Even J and E Visa spouses (J2, E2) are allowed to work.
Good For the Economy: While its now a norm to have a dual-income family where the husband and wife both work, its become all the more necessary for a family to just survive through these unprecedented economic times. H1-B visa workers typically stay on for at least 3 years continuously if not extend it for the next available 3 years. All this while, the poor H1B and his family have to get along with just one income. Moreover, the law also forces the skilled and experienced spouse on H4 to idle at home. This I believe is a loss of national productivity. Your statistics will prove how many H-4's are currently idling away in the US.
Good for the Community & Social standing of Women:
To keep the family together, H1 visa holders bring in their spouse on H4 visa. And then, they get locked in the house. Ninety percent of H4 visa holders are women. Women being, more susceptible to domestic violence by the partner, becomes even more prone to violence due to her complete dependence on the spouse. They become prisoners in USA due to spousal abuse and immigration policies that give their husbands complete control over their lives. Yes, the immigration system is broken. The immigrant women get protection under VAWA but non-immigrants are not covered. Even if a law to let the non-immigrant battered women to obtain work permit is introduced, it might not protect women whose cases are dismissed as non-critical. The abuser can further exert his control over the victim and convince her that he has changed so that the victim might not press charges. Thus the abuser gets encouraged to continue violence. Divorce is not an option because most non-immigrants come from third world countries where a divorced women has to bear the social stigma of divorce and will not be protected in her own home country. Because of the long queues for Labor certification application and retrogression of visa numbers, getting an EAD and Green Card takes longer.
Way Forward:
You plan to legalize people living illegally in USA (and working illegally), you plan to give them a low skilled requirement job visa, similar to the H-1B or L-1, only that skills required are low, and you will let their spouses work too. This will mean that the only resident visa holder NOT AUTHORIZED TO WORK will be the H-4 visa holders.
As a tech-savvy President, you may also want to browse this issue on Google groups and hear the voices of depressed, frustrated and more often abused women, here... Oops. I am unable to provide you the link as it appears to violate the change.gov comment policy (?). The group title is misc.immigration.usa and title is Why USA should issue the dependant visa holders work-authorization? Theres another forum under immigrationvoice.org you may wish to look up. Thanks.
When people who have come to the US illegally will be able to work legally � the poor H4 souls (mostly skilled women) who have come legally and followed all the rules should be given a fair chance to contribute to the economy and better their quality of life. By a simple amendment, allowing the H4 visa holders to work, you will make a brilliant move, without upsetting those who oppose the move to INCREASE the current H1B cap. Please think about it. May God Bless America!
I have written directly to the President-elect Barack Obama in response to an invitation to contribute to his Citizen Briefing Book in his change.gov website.
PLEASE GO to this link and VOTE for this article in order that it may be taken up by the Charter to be presented to the President. Click here ---
http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004s1h&srPos=0&srKp=087
The full text of the article is reproduced below:
IMMIGRATION REFORM ALLOWING H4 VISA SPOUSE TO WORK
"The time to fix our broken immigration system is now� We need stronger enforcement on the border and at the workplace� But for reform to work, we also must respond to what pulls people to America� Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs, we should." -- Barack Obama, Statement on U.S. Senate Floor, May 23, 2007
Well said Sir, and now as President-elect, we hope to see some action on above.
This issue I bring to your attention may seem trivial, but throws light on darker side of the life of dependent H4 visa holders, who are mostly women. And since you endorse women empowerment, I believe you will give a serious look at this idea.
Theres a strong lobby support for increasing H-1B visa cap to address the shortage of skilled workers. Theres also a strong lobby opposing it. This idea will satisfy both the lobbies. A very simple way to literally double the number of already available skilled workers in the USA without having to increase the visa cap. Allow me to explain....
Currently the spouse of H-1B holders, the H4 visa holders are not allowed to work. Most of these H4 Visa holders are qualified, skilled and experienced. In one stroke of the pen, by amending this tiny rule allowing H4 visa holders to work, you will facilitate thousands, if not millions of already legal & available skilled workers in the US, to work. Please note that spouse on L2 Spouse/Dependent visas for L1 visa holders (intra company transferee's), ARE allowed to work through an amendment in 2001. And this can be used as a precedent. Even J and E Visa spouses (J2, E2) are allowed to work.
Good For the Economy: While its now a norm to have a dual-income family where the husband and wife both work, its become all the more necessary for a family to just survive through these unprecedented economic times. H1-B visa workers typically stay on for at least 3 years continuously if not extend it for the next available 3 years. All this while, the poor H1B and his family have to get along with just one income. Moreover, the law also forces the skilled and experienced spouse on H4 to idle at home. This I believe is a loss of national productivity. Your statistics will prove how many H-4's are currently idling away in the US.
Good for the Community & Social standing of Women:
To keep the family together, H1 visa holders bring in their spouse on H4 visa. And then, they get locked in the house. Ninety percent of H4 visa holders are women. Women being, more susceptible to domestic violence by the partner, becomes even more prone to violence due to her complete dependence on the spouse. They become prisoners in USA due to spousal abuse and immigration policies that give their husbands complete control over their lives. Yes, the immigration system is broken. The immigrant women get protection under VAWA but non-immigrants are not covered. Even if a law to let the non-immigrant battered women to obtain work permit is introduced, it might not protect women whose cases are dismissed as non-critical. The abuser can further exert his control over the victim and convince her that he has changed so that the victim might not press charges. Thus the abuser gets encouraged to continue violence. Divorce is not an option because most non-immigrants come from third world countries where a divorced women has to bear the social stigma of divorce and will not be protected in her own home country. Because of the long queues for Labor certification application and retrogression of visa numbers, getting an EAD and Green Card takes longer.
Way Forward:
You plan to legalize people living illegally in USA (and working illegally), you plan to give them a low skilled requirement job visa, similar to the H-1B or L-1, only that skills required are low, and you will let their spouses work too. This will mean that the only resident visa holder NOT AUTHORIZED TO WORK will be the H-4 visa holders.
As a tech-savvy President, you may also want to browse this issue on Google groups and hear the voices of depressed, frustrated and more often abused women, here... Oops. I am unable to provide you the link as it appears to violate the change.gov comment policy (?). The group title is misc.immigration.usa and title is Why USA should issue the dependant visa holders work-authorization? Theres another forum under immigrationvoice.org you may wish to look up. Thanks.
When people who have come to the US illegally will be able to work legally � the poor H4 souls (mostly skilled women) who have come legally and followed all the rules should be given a fair chance to contribute to the economy and better their quality of life. By a simple amendment, allowing the H4 visa holders to work, you will make a brilliant move, without upsetting those who oppose the move to INCREASE the current H1B cap. Please think about it. May God Bless America!
GCBy3000
07-06 02:39 PM
Though your feelings are ok, the reality is different.
1. yes there are lot of capbale people through out the world earning less than what an average person earns in US. Why any country should provide visas to them if the country does not gain anything from it. Better to know the supply Vs demand concept.
2. Being a very capable person, you choose to be on H4. US did not force it on you. Everyone has the option of going back to their home country or wait here till they get what they desire. You weigh both the options and decide which suits you better. If you decide to stay on H4 for 4-5 years, then at somepoint for some reason you thought it is better than going back. So be practical.
As someone said, one should feel deserved to get GC and not beg for it. Again I am sorry for your status. My wife with CA and CPA and she is on H4 for 5 years now. I know how frustrating it will be. Worrying will not help much. Accept the reality and think calmly which way you want to go in your life down the line in next 5 years. Take actions now for that which may end up in leaving this counrty or staying with current status until you get GC. You have to make up your mind to live a peaceful life.
This GC process will throw anyone into depression.
Good luck.
1. yes there are lot of capbale people through out the world earning less than what an average person earns in US. Why any country should provide visas to them if the country does not gain anything from it. Better to know the supply Vs demand concept.
2. Being a very capable person, you choose to be on H4. US did not force it on you. Everyone has the option of going back to their home country or wait here till they get what they desire. You weigh both the options and decide which suits you better. If you decide to stay on H4 for 4-5 years, then at somepoint for some reason you thought it is better than going back. So be practical.
As someone said, one should feel deserved to get GC and not beg for it. Again I am sorry for your status. My wife with CA and CPA and she is on H4 for 5 years now. I know how frustrating it will be. Worrying will not help much. Accept the reality and think calmly which way you want to go in your life down the line in next 5 years. Take actions now for that which may end up in leaving this counrty or staying with current status until you get GC. You have to make up your mind to live a peaceful life.
This GC process will throw anyone into depression.
Good luck.
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santb1975
04-27 07:40 PM
5 hours passed and no contributions??? :confused:
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a_yaja
06-26 07:46 AM
I think the country based quota has been eliminated for the "merit based" quota. Am I missing something.
The original bill had a 10% per country cap. Don't think that has been removed in the new bill.
The original bill had a 10% per country cap. Don't think that has been removed in the new bill.
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cabal2222
01-03 12:11 AM
Hi,
I was using my (dependent) EAD card (based on pending I-485 application of wife) to work and got laid off recently. The question I have is if there will be any adverse impact on the greencard process if I file for unemployment benefits? Any inputs appreciated
I was using my (dependent) EAD card (based on pending I-485 application of wife) to work and got laid off recently. The question I have is if there will be any adverse impact on the greencard process if I file for unemployment benefits? Any inputs appreciated
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mantric
07-04 04:43 AM
Sure, anything for you.:)
funniest exchange I've read at IV :D:D:D
funniest exchange I've read at IV :D:D:D
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nixstor
06-19 11:27 PM
I've been having sleepless nights ever since a cut off date of May 15th got in the fray.
Here's my case -
I140 sent to USCIS on June 06th (They should have received it on June 07th)
I have not reveived a receipt date yet.
What would the receipt date for my application be -
June 7th when USCIS receives the application
or
Some later date when my application goes into the system
Now assuming that a new cut off date of June 19th is established, would my I140 be treated as pending on June 19th? Or only those applications will be treated as pending that have a receipt date prior to June 19th.
Gurus please enlighten and help me sleep.
Tell me about it. My I 140 was couriered on May 21st (reached on May 22nd) after I submitted everything on Mar 16th to my lawyer. It was very painful to read that bill text and figure out that all the time spent waiting on labor cert for the past 3 years has gone to /dev/null. Have you filed under PP or regular processing? I have done mine under PP and its approved now. All notice of actions will have two dates
1) Receipt date
2) Receipt notice date
Its difficult to predict which one will they pick. We are better off with the first one. My H1 which was received on Jan 4th 07 had a receipt notice date of Jan 10th 07 under normal processing. Give heads up to your lawyer to support your case if the bill is enacted into law. They can possibly argue on the basis of the Fedex/DHL receipt or receipt date itself, as your receipt notice date happens to be after Jun 19th 07. I hope that this bill dies again in the senate and the house forces the senate to break CIR into small pieces. Teddy in senate will be playing spoil sport, if at all that happens.
Here's my case -
I140 sent to USCIS on June 06th (They should have received it on June 07th)
I have not reveived a receipt date yet.
What would the receipt date for my application be -
June 7th when USCIS receives the application
or
Some later date when my application goes into the system
Now assuming that a new cut off date of June 19th is established, would my I140 be treated as pending on June 19th? Or only those applications will be treated as pending that have a receipt date prior to June 19th.
Gurus please enlighten and help me sleep.
Tell me about it. My I 140 was couriered on May 21st (reached on May 22nd) after I submitted everything on Mar 16th to my lawyer. It was very painful to read that bill text and figure out that all the time spent waiting on labor cert for the past 3 years has gone to /dev/null. Have you filed under PP or regular processing? I have done mine under PP and its approved now. All notice of actions will have two dates
1) Receipt date
2) Receipt notice date
Its difficult to predict which one will they pick. We are better off with the first one. My H1 which was received on Jan 4th 07 had a receipt notice date of Jan 10th 07 under normal processing. Give heads up to your lawyer to support your case if the bill is enacted into law. They can possibly argue on the basis of the Fedex/DHL receipt or receipt date itself, as your receipt notice date happens to be after Jun 19th 07. I hope that this bill dies again in the senate and the house forces the senate to break CIR into small pieces. Teddy in senate will be playing spoil sport, if at all that happens.
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ameryki
06-27 04:10 PM
i efiled on June 9th and finger scan and photo appt on July 7th. i hope they don't approve my application before then :rolleyes:
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mheggade
07-21 09:57 AM
We have seen in the past years EB3 ROW got huge visa bonanza at the cost of EB2 I & C. And now apparently EB2 I & C is getting rightly deserved visa bonanza.
How about asking DOS to give similar visa numbers to EB3 I & C as a one time exception. I know people will say it is against law, but in my opinion law is fuzzy enough for this to happen.
DOS can give explanations like "Visa numbers will be given to oldest PDs or some thing". Per my calculation EB3 I needs 68K visas to move past 2003.
We (IV) may have to make representation to Secretary of State and try and convince her.
DISCLAIMER:- I am Eb2 and current in Aug.
How about asking DOS to give similar visa numbers to EB3 I & C as a one time exception. I know people will say it is against law, but in my opinion law is fuzzy enough for this to happen.
DOS can give explanations like "Visa numbers will be given to oldest PDs or some thing". Per my calculation EB3 I needs 68K visas to move past 2003.
We (IV) may have to make representation to Secretary of State and try and convince her.
DISCLAIMER:- I am Eb2 and current in Aug.
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hebron
06-15 06:58 PM
Hi, I have a question about PERM labor process. How soon can an employer apply PERM labor certification after hiring an employee?
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Canadian_Dream
02-11 02:37 PM
Pappu,
This post does clarify visa recapture issues, but what about concurrent 140/485 filing ? Also, if our fate is still so tied up with 12+ millions illegals, doesn't that mean that we failed to make our case, even with so much media coverage, lobbying and our personal efforts to call the law makers. Could another explanation be that lawmakers have all but refised to treat us with dignity we deserved as an educated, law abiding, tax paying citizens contributing to the society. I believe that we didn't fail and we tried what we could but still lawmakers refuse to act on our casue, may be they are implying something without explicitly saying it ?
Here is an update on Visa recapture from Aman:
"I know some people ask for achievements of Immigration Voice and comment, sometimes ridicule, that Immigration Voice has not been able to get even one provision in last one year. There are many other organizations working on behalf of various groups. If no immigration provision has passed in more than last one year, does it mean that all those organizations are also ineffective? We all know that this is a world of instant gratification but please understand that there are groups who go to DC to get their issues addressed and they wait for 2, 3 -5 years before anybody would start listening to their issues. You see, just to explain using an analogy, Microsoft is working to get H-1b numbers increased long before Immigration Voice started. If Microsoft has not been able to get Congress to increase H-1B numbers, does it mean that Microsoft is no longer an effective corporation? Likewise, Immigration Voice has made significant progress but due to the political climate and statistical discussion about the undocumented, which of�course is different but an important issue, our provisions are clubbed in the comprehensive bill. If it would have been any other year when Congress was not considering the issue of undocumented or comprehensive immigration reform, advocacy effort of Immigration Voice would have definitely translated all our provisions into law six months back.
If you want us to get Visa recapture as interim fix, allow me to share with you that as it stands today, it will not happen outside of Comprehensive bill. Infact as it stands right now, even H-1B increase will also not happen outside of comprehensive bill. Reason? Most of the groups and companies have stopped pushing for temporary relief because any kind of temporary relief or interim relief chips away support from CIR and the offices of Senate and House Leadership along with other proponents of CIR have made it clear that any immigration relief has to be a part of CIR and not outside of it. Other companies/coalitions have stopped pushing for temporary H-1B increase as they do not want to be in the bad books of committee chairmen and the leadership offices by trying to sneak temporary relief that divides the supporters of CIR. Leadership wants support for CIR and want all sides to wait for CIR. And not doing so and trying to get interim relief before CIR would put them in bad books of Senate and House leadership, which no one wants coz if CIR fails, then after CIR, these offices will not co-operate with any group that tried to take away support from CIR. So it would be counter-productive politically to do things that take away good stuff from CIR. Also, if you think that any effort in the final week could help in anyway, then let me to share with you that most provisions and their language are decided much in advance and last minute efforts almost never yield any result on the Hill."
This post does clarify visa recapture issues, but what about concurrent 140/485 filing ? Also, if our fate is still so tied up with 12+ millions illegals, doesn't that mean that we failed to make our case, even with so much media coverage, lobbying and our personal efforts to call the law makers. Could another explanation be that lawmakers have all but refised to treat us with dignity we deserved as an educated, law abiding, tax paying citizens contributing to the society. I believe that we didn't fail and we tried what we could but still lawmakers refuse to act on our casue, may be they are implying something without explicitly saying it ?
Here is an update on Visa recapture from Aman:
"I know some people ask for achievements of Immigration Voice and comment, sometimes ridicule, that Immigration Voice has not been able to get even one provision in last one year. There are many other organizations working on behalf of various groups. If no immigration provision has passed in more than last one year, does it mean that all those organizations are also ineffective? We all know that this is a world of instant gratification but please understand that there are groups who go to DC to get their issues addressed and they wait for 2, 3 -5 years before anybody would start listening to their issues. You see, just to explain using an analogy, Microsoft is working to get H-1b numbers increased long before Immigration Voice started. If Microsoft has not been able to get Congress to increase H-1B numbers, does it mean that Microsoft is no longer an effective corporation? Likewise, Immigration Voice has made significant progress but due to the political climate and statistical discussion about the undocumented, which of�course is different but an important issue, our provisions are clubbed in the comprehensive bill. If it would have been any other year when Congress was not considering the issue of undocumented or comprehensive immigration reform, advocacy effort of Immigration Voice would have definitely translated all our provisions into law six months back.
If you want us to get Visa recapture as interim fix, allow me to share with you that as it stands today, it will not happen outside of Comprehensive bill. Infact as it stands right now, even H-1B increase will also not happen outside of comprehensive bill. Reason? Most of the groups and companies have stopped pushing for temporary relief because any kind of temporary relief or interim relief chips away support from CIR and the offices of Senate and House Leadership along with other proponents of CIR have made it clear that any immigration relief has to be a part of CIR and not outside of it. Other companies/coalitions have stopped pushing for temporary H-1B increase as they do not want to be in the bad books of committee chairmen and the leadership offices by trying to sneak temporary relief that divides the supporters of CIR. Leadership wants support for CIR and want all sides to wait for CIR. And not doing so and trying to get interim relief before CIR would put them in bad books of Senate and House leadership, which no one wants coz if CIR fails, then after CIR, these offices will not co-operate with any group that tried to take away support from CIR. So it would be counter-productive politically to do things that take away good stuff from CIR. Also, if you think that any effort in the final week could help in anyway, then let me to share with you that most provisions and their language are decided much in advance and last minute efforts almost never yield any result on the Hill."
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thomachan72
06-10 08:27 AM
I have a question in case any experts come back today to visit this thread.
Its reg the point system. We get points for employer sponsorship and number of years of US employment right?
1) If a person has been working here for 4 years on H1b in STEM decided to leave to canada this week. He then comes back lets say in 2008 or 2009 and then wants to apply for GC. Will he get points for the previous 4 years, even though there was a break in service (canadian trip) for 1-2 years?
I need to know this because I am contemplating moving to canada (my current employer has filed for LC, which I will then be nullifying). Ofcourse I intend to renter after 1 year or so.
2) My seccond question-- I am also planning to start a new GC before leaving to canada. Can GC application proceed while you are out of the country? If so until what stage?
Its reg the point system. We get points for employer sponsorship and number of years of US employment right?
1) If a person has been working here for 4 years on H1b in STEM decided to leave to canada this week. He then comes back lets say in 2008 or 2009 and then wants to apply for GC. Will he get points for the previous 4 years, even though there was a break in service (canadian trip) for 1-2 years?
I need to know this because I am contemplating moving to canada (my current employer has filed for LC, which I will then be nullifying). Ofcourse I intend to renter after 1 year or so.
2) My seccond question-- I am also planning to start a new GC before leaving to canada. Can GC application proceed while you are out of the country? If so until what stage?
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Administrator2
06-13 11:34 AM
Eb3 v/s Eb2 is a nonsensical nonproductive meaningless argument. If you actively participate in speaking with the lawmakers, you would know the bogus nature of this squabble. Each one of us has a choice. We can continue with this pissing contest or we could do something to fix the backlogs. We all understand the frustration and anxiety due to the long delays. It is easy to be drawn in meaningless eb2 v/s eb3 quarrel in the virtual world when one is not privy to how things work in the real world.
If you feel compelled to engage in infra and trivia, please utilize your energy for your benefit by understanding the larger debate so that each one of us can employ our energy to fix our issues. Please use your energy in a positive manner. There is no point of this discussion. It is easy to write/post arguments just to support your own application/position in line. Anybody can do that. But such narrow minded approach will not help even a single soul on this planet, including yours. For those of you who want to continue with this bickering, you can do so at the expense of your own time. And when you engage in such arguments, please remember that whatever you all write or post about this nonsensical back-and-forth is not helping you or your family. But if you are sincere and care for this issue, if you truly care for your issue, then please consider participating actively to meet with the lawmakers to make our voices heard.
Members who actively engage in the advocacy effort know when we are saying. For example – talk to nearly 125 IV members who lead the lobby day in DC during the past week. They will tell you the bogus nature of this Eb2 v/s Eb2. Stop wasting your energy arguing thing which have no meaning. Please utilize your energy in finding fix for the backlogs because there will never ever be a bill/set of provisions only for Eb3 or only for Eb2.
If you feel compelled to engage in infra and trivia, please utilize your energy for your benefit by understanding the larger debate so that each one of us can employ our energy to fix our issues. Please use your energy in a positive manner. There is no point of this discussion. It is easy to write/post arguments just to support your own application/position in line. Anybody can do that. But such narrow minded approach will not help even a single soul on this planet, including yours. For those of you who want to continue with this bickering, you can do so at the expense of your own time. And when you engage in such arguments, please remember that whatever you all write or post about this nonsensical back-and-forth is not helping you or your family. But if you are sincere and care for this issue, if you truly care for your issue, then please consider participating actively to meet with the lawmakers to make our voices heard.
Members who actively engage in the advocacy effort know when we are saying. For example – talk to nearly 125 IV members who lead the lobby day in DC during the past week. They will tell you the bogus nature of this Eb2 v/s Eb2. Stop wasting your energy arguing thing which have no meaning. Please utilize your energy in finding fix for the backlogs because there will never ever be a bill/set of provisions only for Eb3 or only for Eb2.
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paragpujara
07-01 10:37 AM
I am on H1b..not using EAD...also one of my buddies is working on EAD and he got his EAD renewal approved last week..i guess USCIS donot look at current immigration status to issue EAD...
I got the same email this morning and status said EAD was ordered on june 30th.
I am pretty sure we will get a 2yr EAD but will just have to wait 2 more days to confirm this.... I wonder if they are looking at the current status and if you are on h1b they are issued 1yr and processed it before june 30, while if you are currently on EAD, they kept them until June 30th.. I doubt it but just a theory...
I got the same email this morning and status said EAD was ordered on june 30th.
I am pretty sure we will get a 2yr EAD but will just have to wait 2 more days to confirm this.... I wonder if they are looking at the current status and if you are on h1b they are issued 1yr and processed it before june 30, while if you are currently on EAD, they kept them until June 30th.. I doubt it but just a theory...
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gsmishra
07-23 02:13 PM
I read somewhere they ask you wait 15 days before calling for receipt number.
So i am thinking of calling them on 27-Jul.
So i am thinking of calling them on 27-Jul.
meridiani.planum
09-12 02:45 PM
if Obama wins:
+ its better for the world in general. The last thing we want is more of GWB policies destroying both America's economy, civil rights, and respect in the world.
- his best friend Durbin will again pick up the stick and start beating up on H1 sponsoring. EB will also get run over by the same bus.
- FB immigration will be put in preference over EB, we are screwed.
if McSame wins:
+ my taxes remain low
- CIR is back. 13 millions illegals will get in line. points based system for EB immigration and we are all screwed again.
- if McCain does not live through his presidency, the biggest country and economy in the world, with the largest number of nuclear weapons, the largest amount of military spending... the rome of our time, with nearly unlimited power and presence around teh world, will be run by a mayor of a small town. Rember her trying to get her brother-in-law police officer fired during her sisters divorce? And when the administrator refused her requests, he fired him? Remember how she emails people off-the-record from her Yahoo account? Remember how she CC's her husband on official emails? Do you want someone that stupid, who already abused whatever little powers a mayor and governor has, to be the commander-in-chief of the united states armed forces?
Either way immigration-wise we are screwed. I think for the sake of the rest of the world we must wish that this time McCain loses this election. He has made a very stupid VP choice.
+ its better for the world in general. The last thing we want is more of GWB policies destroying both America's economy, civil rights, and respect in the world.
- his best friend Durbin will again pick up the stick and start beating up on H1 sponsoring. EB will also get run over by the same bus.
- FB immigration will be put in preference over EB, we are screwed.
if McSame wins:
+ my taxes remain low
- CIR is back. 13 millions illegals will get in line. points based system for EB immigration and we are all screwed again.
- if McCain does not live through his presidency, the biggest country and economy in the world, with the largest number of nuclear weapons, the largest amount of military spending... the rome of our time, with nearly unlimited power and presence around teh world, will be run by a mayor of a small town. Rember her trying to get her brother-in-law police officer fired during her sisters divorce? And when the administrator refused her requests, he fired him? Remember how she emails people off-the-record from her Yahoo account? Remember how she CC's her husband on official emails? Do you want someone that stupid, who already abused whatever little powers a mayor and governor has, to be the commander-in-chief of the united states armed forces?
Either way immigration-wise we are screwed. I think for the sake of the rest of the world we must wish that this time McCain loses this election. He has made a very stupid VP choice.
shukla77
06-26 11:50 AM
51.639% to be exact.:)
But honestly, what are the chances for this bill to succeed this year (before election)?
100% or 75% or 50% or 25% or 0%
But honestly, what are the chances for this bill to succeed this year (before election)?
100% or 75% or 50% or 25% or 0%
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