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  • NKR
    02-01 01:59 PM
    Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?

    I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.

    Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.

    If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.

    Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.

    What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?

    Can we get License renewed using EAD and not having H1?.





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  • snathan
    06-03 11:22 AM
    I wouldn�t care about the nay Sayers about the Spelling bee...Yes, its lot more than that. Its the foundation and words do have power. You are basically training your brain for more logical thinking. These people are just jealous and making mockery of it. I challenge them to achieve the same...:D





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  • msp1976
    03-03 08:29 PM
    Legal Immigrants in Limbo

    It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.

    A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
    1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
    2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
    3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
    4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.

    As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.

    Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.

    And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’

    United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.

    As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.

    The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.

    Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.

    The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.

    In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.





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  • met3259
    10-12 05:00 PM
    Nelsonagn / or anyone else:

    Can anyone with some indepth knowledge predict availability for EB3 Rest of world (Canada). Here is some of what I understand - although I know it may be wrong (some infor from Shusterman site)....

    - 300,000 applicants in BEC
    - assume 200,000 get through
    - assume 1/2 have a spouce and 1 child
    - therefore need 400,000 visa numbers (Shusterman had 300K here, I think they are wrong??? - pls check my math)
    - now most EB immigrants are from China & India (half?????) - restricted to 7% of the annual 140,000 EB visas annually
    - all* applicants up to first half of 2002 are "gone" - *except for ones in BEC = how many????????????
    - AND if rest of world is 200,000 people in line for 120,000 visas annually (140,000 - 7% China - 7% India)
    - now people in line go from 2001 - mid 2005 in BEC??????; but very few 2001 & 2002s left????
    - thus: rest of world with PD of March 2004 - should get visa availability within this fiscal year - e.g. by Oct 2007????


    PLEASE!!!!
    Anyone correct / comment / add indepth thoughts / logical predictions

    ALSO - my attorny just wrote me this:
    FYI: I was at an immigration meeting yesterday where we were told that
    CIS is considering the possibility of granting a work permit to H-4
    spouses. However, I don't believe it will happen anytime soon, but if a
    new policy comes out that will enable your wife to work, we will get in
    touch with you. In terms of the visa number availability, it's simply
    difficult to say when that will happen.
    __________________
    ETA Case Number: D-05193-15XXX
    State : CA
    C of O: Rest of the World
    Processing Type : RIR/EB3
    Priority Date : 03/04/2004
    RD: Never got there
    Case Source : State
    Processing Center : Dallas Backlog Elimination Center
    Case Status : Data Review 7/12/05 (From screen shot 10/13/05)
    45-Day Letter Received: 04/18/2006
    45-Day Letter Replied: 04/19/2006
    Final Determination: Approved:letter dated 05/09/06
    Labor Cert received 05/15/06



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  • alex77
    09-22 02:31 PM
    Sometimes sensationalism helps a cause! People's memory are short..there are lot of rallies in DC..senators might forget about the rally but they'll remember the things like flowers and stoppers!! I agree with Jaime.

    It may be a little too subtle.

    Most people will wonder why high skilled immigrants are sending plumbing equipment around the place.:confused:





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  • nb_des
    06-18 02:27 PM
    I am planning to file EAD/AP for my wife who is on H4 along with adjustment of status application. Will she continue on her H4 status till she gets EAD/AP?



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  • Junky
    11-17 08:29 AM
    Parasite/Desi Employer: An organism that lives in or on and takes its nourishment from another organism. A parasite/Desi Employer cannot live independently.





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  • tnite
    06-18 12:04 PM
    What is your point, Tnite? EAD and AP can filed/issued even if the PD is retrogressed. MY PD was retrogressed after I filed I-485 and EAD and AP were issued?

    ----------------------------------
    Permanent Resident since May 2002

    my point is if dates retrogress and if processing EAD's and AP's takes a long time getting a EAD might be easy in the first 60-90 days but renewals will become more difficult.

    its ok for folks that are within their 6 yrs of H1b but for others it will be a big head ache. As someone already mentioned earlier, you might have to apply for your renewal EAD the day after you get your 1st EAD and so on.



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  • miguy
    06-18 03:17 PM
    She will be in AOS Pending status after Oct 1st, 2007 due to pending I-485 application. EAD does not provide any status.

    What is your status? I assume H1-B. You can file for H1 and H4 extensions.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

    ----------------------------------
    Permanent Resident since May 2002


    I have applied for my H1b extension back in April......Have not heard anything yet........once I get my H1b approval, can I apply for H4 extension from inside the country?? (Is that even required if you are already in AOS pending status?)





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  • caydee
    05-28 04:51 PM
    I am amazed by the effect the writer has had on stuckinmuck. More amazing is the fact that the writer validates his own point by claiming that he is with HR. Wonder how many real HR professionals reveal their company secrets.

    Hi,
    ........... My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.



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  • vikram2101
    09-19 04:03 PM
    If you are past 180 days after filing 485 you can change jobs using H1b transfer or EAD. If you use EAD it does not matter if it is profit or non profit.
    Your new employer can send letter in any format, but 99% chances that your AC21 will never reach your file - because there is no system in place for it. USCIS treat AC21 letter as response to an RFE - so if you change job you are fine - make sure you update your address on file so that if they send an RFE, you can respond to it, always use a lawyer for everything. In case your ex employer requests USCIS to revoke your 140 then you may get a NOID which is also treated as an RFE. A lot of Visa Officers do not know about AC21 portability - I met one such officer during Infopass and she had no clue about it - may send a denial on 485 - in such cases your case can be reopened through MTR.

    You may not even get an RFE at times and things could just be as fine. Hope this helps.

    Also consult with an Attorney - it really really helps

    Not entirely true, I switched job a couple of months ago - filed for AC21. I got an acknowledgment from USCIS for the same - stating that it will be added to my file, to be reviewed when my application is processed.





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  • nat23
    10-05 10:39 AM
    It would be great if couple of members from Cincinatti area could pay a visit to Minority Leader Rep. John Boehner, R-Ohio. This would drive our point further plus we can also use the 800,000 number that is floating around



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  • WithoutGCAmigo
    06-18 12:48 PM
    Any reference for what you wrote.

    THis thread is confusing a lot of people. My understanding in once 1485 is pending , one can to county office get EAD card after a month. Gurus please input your comments





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  • Macaca
    08-13 10:33 PM
    Good job Macaca. Just one thing though, it looks like 1M includes all pending AOS and not just EB. Please see http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3b_backlog s.pdf

    According to Ombudsman's report,

    Pending cases = EB + Family + Refugee + Asylum + ... = Backlogged cases + Unripe cases = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)

    I am approximating 1M to be EB based, 1.5M to be family based and 92,535 to be asylum + refugee (which is a lot).



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  • ianlock
    07-23 04:42 PM
    thanks

    should be due any time now then.

    we will wait and see.

    Ian.





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  • RamBihari
    02-15 05:49 PM
    hi,

    i have 3 yrs degree + 1 yr pg diploma. I have been working in industry for past 17 years, and don't think any degree or even doctorate would add much to my qualification for the job that i am doing.

    I am currently filed in eb3 category, and new company i am changing job to are ready to refile my gc. But they won't file my gc in eb2 category, as i don't meet the 4 yr bs requirement.

    My son will be in the highschool in 4 years, and i don't want to spend a lot of money on getting ms to myself. But for the gc i am looking for fastest and cheapest way to get ms program. I have no idea how it works, what qualifies me for a degree, what can i get credits for. Any inputs would be appreciated.

    Thanks!


    1



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  • she81
    09-27 04:46 PM
    Hmm, that sounds cool - consolidating the qualifications into a huge stack to make an impact. I second that.

    This was discussed before and I cannot find it now..but here is an extension of the degrees idea.

    1. Get everyone involved in the GC process to make a copy of their degrees/ qualifications/ certifications/ patents/ papers/ publications/ etc

    2. Format it into standard size (perhaps A4)

    3. Get a stamp on each of those sheets that says 'TRASH' or something else - maybe 'REVERSE BRAIN DRAIN' or 'KEEP TALENT IN THE US' - we can work that out.

    4. Get each State Chapter to create a binder/ maybe more if we can get enough participation.

    5. We can submit a copy of that to local congressman and senators. We can also put all states together and send that to the White House, perhaps.

    This will take a lot of coordination from all state chapter...but it is doable.
    Any thoughts???

    Please don't shoot me down if you don't like it :) I just wanted to put my 2 cents in :p





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  • learning01
    04-26 12:57 PM
    LINK (http://news.beltwayblitz.com/blog/_archives/2006/4/26/1912840.html)
    http://img285.imageshack.us/img285/3598/beltwayblitz8hf.jpg





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  • coolvigo
    11-03 11:35 PM
    Folks,
    For NRE account, you can easily send money to india and then repatriate it back. But in my case I have money to my NRE and bought an apartment. Now since i have sold that apartment, that money is in NRO account which is a one way account. You can only send money to NRO but you cannot get that money back in dollars from it.

    Talking about getting money thru travellers check, you can do that only if you go to india and come back here in US with it....since you have to sign it at both places. Also there is a limit of $1500 for TC's when you come from India. Limitations....limitations....limitations.

    If we send money to India for investment purposes.....all you will get is LOSS.

    I started a business in India....lost lot of money in India becoz ppl in India do not want to trade honestly......bottomline......if you want to stay in US,,,,dont send your money anywhere....use in US and enjoy that money !!!





    munnu77
    05-06 05:49 PM
    Yes my note was for humor.
    But to answer questions :

    out of all useful land , I guess africa has lots of uninhabited land!, so someone would not mind selling! Its not to offend anyone. I have great respect for africans, being aware that we come from them!
    Me being an indian upper class guy, and this OBC thing going on back home, I dont think I belong to that country that much, where me/my children will be discreminated against!!!
    So dont you guys now think we need our OWN country???


    wooooowwww...u really need US green card ASAP..





    a.j.2048
    10-02 05:31 PM
    Did you try the same.

    No. This was the recommended workaround by a parents group that intended to file a PIL at one point. I will be able to try this next year though. I will send out the letter above too.



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