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  • texanguy
    01-14 01:57 PM
    H1b and Green cards are allowed to have out of country stays. so if you are out of country for less than six months, it may still be considered as continuous stay. the intent of writing the word "continuous" is to declare that at any point, the immigrant had no intentions to leave the country and relinquish his immigrant status. for the legal immigrant, that should be acceptable.

    Looks like it is for illegal immigrants as it asks for continous stay. Most legals would not have stayed continously as they might went out of country for vacation





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  • gunabcd
    06-28 03:41 PM
    This is wrong. EAD can be issued when both of the following conditions MUST meet:

    I140 has been approved
    I485 application is 180 days old

    You have no freaking idea what you are talking about. one should not open his/her mouth so confidently without reading documents from USCIS or talking to an immigration lawyer.





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  • Kushal
    05-13 09:59 PM
    I would only say "Hang On", or move on if you can. A lot of people in same situations, never want to discuss issues openly.
    Patience does help, and maybe all the good is stored for future.

    Most important is how you deal with stress associated with racial slurs, difference in treatment, and all the above issues. This has direct impact on health and many people in these conditions are victims of stress.

    The h1b - GC situation is well known to everyone and they know you are indentured, some managers are called problem solvers (they pretend to hear ur voice, help you from their side and get the work done and try to ease pressure off you if they have an option), whereas some managers are called problem creators (they add additional pressure on you and make u miserable so that they get the work done). The reason companies support their American workers who involve in racial slurs is to avoid issues. It is easy to kick you out and blame you rather than catering to ur problem.

    Yes you are right. We need patience till you get your GC...I know its hard but there is no other way but swallow that pride. Its very hard to do that..speaking of which this anti-indian guy who sits next to me at work was making life horrible for few weeks. Things are sorted out now... I have a great Manager.
    I really feel sorry for Neelima's family... wish I could have helped them.





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  • starscream
    05-26 04:33 PM
    especially the reasons you gave as to why this bill is interesting...this bill does not scream employment based immigration but as I see it it does have has employment based visa provisions along with much wider and extensive family based gc provisions ..also there is no mention of temporaray visas / temp workers with tis bill..no mention of legalizing illegals to legal ....it is focussed exclusively on reducing waiting time for GCs for folks who are in the queue with more emphasis on family based

    Salient features of Bill: S.1085

    After analyzing this bill, I found the following:

    1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.

    2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.

    3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.

    4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.


    What makes this bill much more interesting is:

    1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.

    2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).

    Complete Text of this Bill:
    http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:



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  • harryom
    12-19 01:29 PM
    My wife got EAD but mine is still missing..no updates at all.
    Bothe GOT FP, AP..

    Went to infopass, CR said we will sent email and you should get copy. ..nothing happened after 5 weeks..Callled USCIS..she said wait 75 days from the date of FP.
    I thionk they have nothing to offer..just some new excuse..

    I have no clue what to do?


    You are not the only one....my application was also sent on July 2nd and I got FP notices (both my wife and I) and AP approved (both my wife and I).
    My wife received EAD on 10/22 and so far there has been absolutely no update on my LUD and EAD application is still pending. The service center is Nebraska and I am the primary applicant. I think there a a lot of people in the same boat.





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  • ItIsNotFunny
    03-11 12:16 PM
    Lets find real information. Don't start guessing game (unless you just love the mess you are in). Please contribute on FOIA thread.



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  • hebron
    06-30 12:43 PM
    Only when the democratic party weakens things can move forward for the skilled (EB- GC ) folks. Democratic party is never for skilled immigratiion, it is all for illegal masses only.

    Agree 100%. Atleast when Bush was in office there were bills introduced that encouraged skilled immigration Eg: Those who have been around for a while would remember the Cornyn-Kyl bill from 2005.

    Everybody likes to talk about the Clinton era, but don't forget that Republicans had majority then. So we may see good things happen after the November 2010 elections if dems lose majority in both house and senate. And it will be good for Mr.Bamster to govern from the center going forward than to hang out with the far-left, may even fetch him another 4 years.





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  • miguy
    05-15 10:00 AM
    I didn't know we could file for both simulataneously. I thought it is either one or the other. Can someone clarify?



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  • sledge_hammer
    08-15 03:10 PM
    I'm went to the infopass website to make an appointment for interim EAD; I chose the "Washington Field Office" since I live in the DC Metro area. There are no appointments available in Aug and Sep!

    This is unbelievable! What other options do I have?

    Please advise. Thanks!





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  • anilsal
    11-02 09:16 AM
    Less than a month ago, I got mine renewed in IL(it expires in a year). Why take a chance with all the new policies?

    I got mine renewed. The lady at the counter asked the following questions:
    a) Are you a registered voter?
    b) Are you a US citizen?

    Done.

    Got it till 2011.



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  • sunny1000
    10-11 11:18 AM
    Are you kidding us? I do not know what level of education you have achieved so far in your life but it looks like you are not enough educated to differentiate between the definitions of permanent residency, citizenship and perhaps working on work visa as far as legal stay in USA by outsider is concerned.

    What would be the "legal" reply from US Supreme court,if you ask US supreme court that whether citizen of other country can call US president a "My president"? . And What would be the "legal" reply from Supreme court of country A,if you ask that whether citizen of country A can call US president a "his/her president"?

    USA expects someone to abide by the land of the law while s/he come to US to work legally. And what is expected legally is one is not involved in "Anti USA" activity whatsoever it may be.USA legally never expects citizen of other country "to love" or "show fidelity" towards USA when s/he is still the citizen of other country.

    PavanV is right in his argument, in a sense, that when some person is citizen of country A at this moment his/her fidelity naturally must be for his/her country A. This is the legally expected human behaviour in every society and country. It would have been perfectly o.k. and "legal" about rsharma's statement if he would have already been US citizen at the time when he stated what he stated.

    Such ridiculous, unnatural, premature, unethical and spineless behaviour can only be shown by the people who are already morally sold.

    First of all when somebody comes here in USA on work visa, s/he has come on invitation from USA base legal employer's willingness and is ethically, legally and morally obligated to provide professional class and quality of work for what s/he is hired. Nothing more or less is legally expected by USA and employment system within USA. USA and its whole society is well aware that these persons are citizen of other countries and so they never expects any kind of fidelity from them at least "legally" and at the same time they even do not grant the rights what US citizen nornmally have. Now out of that bunch many people prefer to go for permanent residency as permanent residency bring little bit stability in living and flexibility in employment and international travel. If one becomes a permanent resident of USA then also USA still only expects that person abide by the law of the land and do not involve in "anti USA" activity. It still does not expect "fidelity" towards USA in legal sense.There is no legal or social or political or any kind of pressure from USA or any governmental or non governmental institutes within USA on any particular person coming from other country to become its citizen. One can stay on permanent residency forever till death(At least based on current prevalent law) and legally work and s/he does not have to become a citizen for working legally. And I do not know about other countries but in India it is not considered "illegal" and/or "unpatriotic" to go in other country(Except Pakistan and Bangladesh) for legal work so coming to USA for legal work whether on work visa or becoming a permanent resident in USA while maintaining Indian citizenship simultaneously is not unpatriotic or illegal. Simultaneously USA's legal system allows an Indian to remain as citizen of India while residing in USA permanently for legal work.

    Now if somebody decides to become a US citizen, there is nothing wrong in that. I do not see anything wrong when rsharma states that "I have decided to become US citizen in future". But if he is mature and human enough then his fidelity at this moment should be towards India (Assuming he is a citizen of India currently) as he is a citizen of India at this moment. Showing this kind of behaviour perhaps may not be a outright unpatriotic in terms of "Indianness" but it certanily signals probable but strong disloyality towards India.

    And I do not think that USA citizens are that naive that they consider the people "not mingled" if citizen of other country do not call USA president a "My president" while holding the citizenship of other country.

    If calling US president a "My President" by non citizens would be the barometer of "mixing" / "mingling" then USA would not be today's USA. So please do not kid USA and us .

    Who's is kidding whom? I am educated enough to spot a hypocrite like you. It does not take education or the knowledge of law but some common sense to think about these things, which you don't have. Also, a hypocrital bully like you does not have any morality or ethics anyways. Look yourself in the mirror before you call names or judge somebody. I don't need a lecture from a person like you, especially on the law or the meaning of citizenship, which I am quite aware. So, just keep rambling about your useless crap.





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  • pappu
    08-25 03:49 PM
    All of you please contact your local newspaper and TV stations and tell them about your plight. This will be a good story you should highlight and will help you and everyone else in your state.

    plassey, bkr, jasmin45 since you are the people suffering, you can take the lead on this and contact local reporters. IV can help you with the interviews. Please update your profile too.

    plassey, bkr, jasmin45 please post on this thread if you are willing.



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  • bugmenot
    04-25 08:40 PM
    Should watch AILA's stand on this. One group who would benefit immensely with this system would be immi lawyers, at least for first 10 years after which it would be more established. A perfectly intelligent delaying technique moving the issue away from its solution at least by 2 full years. This idea appears to be so full of holes, it seems as though coming from WH itself. Soemtime Logiclife nicely argued against such a suggestion, it would help to dig out those comments and post them here...

    on the contrary, the point based system completely eliminates the need of a lawyer, with the canadian and australian system u just need to do the work urself online and the balls starts rolling then, it'll be interesting how they react to this





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  • vivache
    09-25 07:13 PM
    I agree with both the ideas.
    In fact the idea of the banner with 'Waiting for X years' is fantastic ..
    That would be an amazing sight where everyone holds placards that say since when they have been waiting.
    If it's even 400 people .. we have 400 people saying look we've been waiting since 5,7 or 9 years.

    It's also important to get in heavyweights like either local folks like Google HR head or any public face. Google has always supported the Immigration issues .. since they have problems because they couldn't hire folks when the h1 lottery happenned.



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  • ragz4u
    03-27 10:16 AM
    Thanks to the efforts of everyone at IV and QGA, we have the golden opportunity for a member of IV to actually testify before Congress. No kidding!

    This has to be one of the best and most effective chance we have to make our point directly to the lawmakers

    IV is looking for someone who is in the �limbo� stage, and has made a significant contribution to the economy (ie, invented something, made a medical discovery, created a lot of jobs, etc.)

    Please treat this as very very urgent. We need someone like this ASAP.

    Please contact any of the following if you come across someone who fits the criteria

    shrey@immigrationvoice.org
    jay@immigrationvoice.org
    sandeep@immigrationvoice.org
    nagaraj@immigrationvoice.org
    kapooraman@immigrationvoice.org

    This is your chance to speak up and be heard. Please pass it on to everyone you know.....





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  • 24fps
    02-15 06:58 PM
    yea i hope USCIS completely cleanses the system and gets things back to the way it was pre - 2000


    except for mayb 5% of the bodyshoppers ( i could be wrong as i'm not frm IT , have friends who tell me etc) rest all 95% commit fraud to some degree or the other

    they need to be weeded out



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  • Sreeshankar
    04-22 10:06 AM
    Why not parents have a different category... not B2. maybe P1/P2

    B2 is tourist visa. Parents are not tourist.

    We are here because of our good parents. Forgetting them is most disrespect we do in life.
    If we don't care our parents, when we become older(parents) how will our kids will care us?.

    Research are proving...if we live together as family like in olden days...many health issues will disappear...everybody will be happy, no stress.

    We need to go back to older family system. Now we are proving...green is better. food is medicine. So why not staying together with parents is not good?. This lead us to have a strong long lasting life.

    Very loving and affectionate humanitarian thoughts..I fully support this cause.
    It is not only a moral obligation, but also the Dharma or duty to protect and serve our parents in their sage and elderly age. Gratefulness is a virtue. Shared living and togetherness improves mental health, and builds capacity and strength to face life. Also, One doesnot have to depend on alcohol, antidepressants and anti anxiety drugs for escaping stress - instead can depend on parents for comfort, emotional stability and love.

    Interestingly when you say that research proves food is medicine, these days modern medicine including scientists from Top research universities and labs are turning back to Ayurveda to change the composition of Immune system and blood in body - to fight against HIV, TB and other diseases (google it up, you will find many programs including holistic approaches) - going back the time tested herbal way, that has been validated for over 5000 years.
    Ofcourse, the Irony is that we cannot request for amendment of law to provide for these allowance, unless we are citizens, but I am sure if many citizens and others in other visa categories like us, could possibly request for extended stay for an year or two atleast on a temp basis for parents. May be it will get noticed if we opt to pay an Alluring Premium fee that can convert this option in to economic gains for USCIS and American firms (Insurance etc) , which can help to gain the required traction and optimum action.
    thanks..and God Bless.
    Sree





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  • krishmunn
    04-20 02:24 PM
    My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.

    If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.

    However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.

    Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).

    However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)


    The 3 year experience = 1 year education towards degree is used for H1 NOT for GC. It has never been for GC.

    For EB3 GC, there is a classification for skilled workers which do not require a degree.





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  • jonty_11
    10-12 02:39 PM
    Thanks nycgal369
    This resource and other resources were listed in the thread http://immigrationvoice.org/forum/showthread.php?t=694&page=6
    'ideas to increase publicity' but only few members took active interest and participated.

    Now that we have you, i am sure you would help in this effort by sending out emails yourself and also other members can join you to contact media. I wish we can all send multiple emails to every newspaper, every tv station and radio station in this country and apprise them of our cause. such letters urging news orgs to cover our issue will help us get much needed media attention and then something will DEFNITELY happen in the coming months.
    LOoks like the AILA link does not provide email addresses for every listing. I have sent emails to 4 media outlets in my area in Colorado.





    pd_recapturing
    02-06 10:14 AM
    AC21 can be as safe as a any normal 485 case so do not worry. Its classic case of USCIS ignorance on AC21. I would say, hire a good lawyer and prepare for a MTR. I have seen Ron Gotcher as a very prominent proponent of AC21 rules. You can take his help. I used AC21 and got GC approved without any hiccups. My case was handled by Ron and I have been completely satisfied with his services.
    PS: I am not affiliated to Ron in any way. This is my personal experience.





    Waitingnvain
    02-19 08:50 AM
    I tried without success to get a life insurance here in the US, the reason: no GC. You can get life insurance but the premiums are outrageous.



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