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  • danielp78
    09-12 09:22 AM
    When does the new fiscal year start?





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  • meridiani.planum
    02-15 11:49 AM
    Some American citizens/anti-immigrant will tell you you are taking their jobs with your H1.

    For them, this is their country. All jobs should go to them rather than a foreigner like you.

    What is your response for that ?

    they are not capable of doing those jobs. ANyone who has gone through a labor certification has documented, government verifiable/auditable proof of this.





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  • Macaca
    08-13 09:52 PM
    Employment Based (EB) Green Card (GC) Laws

    The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
    Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3). Each country gets 9800 GCs (~4K families) + unused GCs (in the last quarter) from other countries, if any.
    GCs unused in a year can not be reused in following years. There were 376, 345 unused GCs from 1992-2005 (page 34); 50K were recaptured for Schedule A from 01-04 and 107, 586 were recaptured for family based.
    The Citizenship and Immigration Services (CIS) Ombudsman Annual Report 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf) estimates (page 35) the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
    There were ~1M pending AOS applications as of March’07. (pages 11 and 14 of Ombudsman's report)
    USCIS can not determine the exact number of pending applications and a breakdown of pending applications by number of months pending and application type. Further, USCIS is not making any effort to determine these numbers. (page 13 of Ombudsman's report)

    Administrative Delays

    USCIS is 90% funded by application fees and is short of resources.
    So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
    FBI name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits. (page 37 of Ombudsman's report)

    As of May 2007, USCIS had 329,160 pending name check cases, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. (page 37 of Ombudsman's report)
    The backlog appears likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
    USCIS has limited capability to produce reports detailing the status of long-pending name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. (page 43 of Ombudsman's report)
    Since 2001 FBI has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))


    What does it mean?

    There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. Thus, priority dates will remain retrogressed for several years.
    Those who could not file AOS will wait for several years.
    EAD/AP is valid for 1 year: long cycle of EAD/AP renewals.

    If your EAD is not renewed in time, you will have to stop working,
    Several employers (and rightly so) view EAD as a temporary permit and are reluctant to hire you.

    You need to be in the same position with same job responsibilities for an indefinite time period otherwise your GC application will be rejected.
    If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.

    Executive and Legislative Efforts
    The only solution is to change laws to increase EB GC numbers.

    EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM, ...). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
    IV Hill Lobbying: manager's ammendment (http://immigrationvoice.org/forum/showthread.php?t=948&highlight=manager%27s+amendment) in CIR 2006, July 2007 Visa bulletin reversal (http://immigrationvoice.org/forum/showthread.php?t=10097&highlight=huge+development).
    Always ahead of others (http://immigrationvoice.org/forum/showthread.php?t=12135).
    IV grassroot effort (flower campaign (http://immigrationvoice.org/forum/showpost.php?p=106384&postcount=683) + San Jose Rally (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738)) was an important reason for retraction of July Visa Bulletin.

    Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV





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  • gc28262
    02-16 10:34 AM
    gc28262,

    I don't know how you said this ? But, I call it's a height of ignorance at its best. Dude, wake up to the reality world. You asked how many companies you know ? I bet, It should be more than 90 - 95% of all the companies out there.

    Why don't you tell us the total number of consulting companies you know in the first place.

    Then tell us how many of those are doing illegal stuff etc ( if you have real information)

    Then we will see what percentage of the total companies are bad.

    Before arriving at a figure 90%-95%, please provide us the numbers. Be truthful.



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  • arunmohan
    07-03 04:17 AM
    Please start a poll and find out who is in favor of a law suit against USCIS and who is not.

    I am in favor of to file a law suit against USCIS.





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  • apt7
    05-24 01:51 PM
    If such a bill is implemented we all should knock the doors of judiciary department. Each is department is independent of itself.


    Bad for consulting companies (no H1B; may lose job)

    Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)

    Bad for H1b transfers and extensions (severe restrictive provisions on H1B)

    AC 21 repealed (disastrous)


    Bad for pending I 140 .... left in limbo

    Bad for pending LC .... left in complete limbo


    Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers

    This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.



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  • nshalady
    06-19 01:02 AM
    You dont need an EAD, if you still have valid H1. AC21 has nothing to do with EAD. However, if your H1 is expiring soon, and you have already used up 6 years of H1, you would need an EAD, because H1 extension beyond 6 years is available only for people who cant file I485 because of retrogression.
    -Niranjan

    If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?

    I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?





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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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  • sbabunle
    03-28 09:00 AM
    Ladies & Gentlemen
    I can understand the emotion and commotion among my fellow beings who are stuck with BECs. I waited agonizing 5 years to get my labor cleared. We all clearly understand what are you guys going through.

    But the thing is that Labor Certification issues are taken care with PERM implementation. Also the administration set up 2 BECs to take care of them back logs. Now the issue is purely administrative and not law making. Also BECs made it clear that by Oct 2007 all the back logs will be cleared.

    Right now big things are happening in the immigration law making. So I think we should concentrate to get the best out of it and achieve our goals on the Green Card Visa issues. As Tom Tancredo is going to fight with teeth and nail against Immi Bills, we have to do the same.

    There are many others issues we can lobby for such as

    1) Starting H1B stamping inside the US again( Which was stopped in 2005)
    2) Allow H1B spouses to work. etc etc


    But I believe our priority for the time being should be Retrogression. I request all of you to use this thread for finding a person to testify.

    thanks
    babu.





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  • meridiani.planum
    08-23 03:00 PM
    April 2004

    Once you login you should have been able to vote... are the options grayed out for you?



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  • Goodintentions
    04-19 04:11 PM
    Politicians always want to keep issues alive! If issues go away, there is nothing to fight, nothing to talk in the elections; without issues you cannot get "bulk" support from any specific group! So, the so called CIR will remain a "perpetual carrot". It will never happen in our life time.

    We are all mature, educated people from a highly politically conscious environment! So...we are not naive, I am sure!

    I take this opportunity to summarize a few things which have happened in the context of "long term indentured" labourers like us:

    1. Quantum jump in terms of H1 ---> about 8 / 9 years back [happened because of pressure from corporations and their lobbies, nothing to with us. they wanted cheap labour and more profits!]

    2. "Free for all" L1s ---> There is no cap, no specialty skill requirement. Not even sure if this has a min wage like H1. Why? Only because it serves the interests of the corporations to import 80% of the work force in any project!

    3. Yearly H1 extensions based on Labour approvals / 3 year extensions for I 140 cases ---> When the "slaves" started returning after 6 years (without GCs being approved) the corporations growled and again the lobbies worked day and night. This has nothing to do with our pleading!

    4. AC 21 ---> This is a good feature with a humane angle, but again there is NO WRITTEN MEMO permitting the employees to switch jobs 6 months after receving their EADs! This has been clearly articulated in a new item by Murthy.com! So AC21 is NOT a fool proof mechanism!
    If the employer withdraws his I 140 there is a fair chance that 485 might be denied. (as per Murthy.com, there are a number of cases where such denials have happened). Again INS will never issue a memo, because it will antagonize the corporations

    5. EAD / AP merger ---> this is a minor change in procedure, an admin fix! This is not a policy change. Full credit to several immigration forums and pleadings. However, this is not going to help many of us as our AP / EAD dates vary by several weeks and we might not be able to file them together

    So, after 10 + years pleading, we have been able to get an admin fix :) That is amazing!!! Under the circumstances we cannot even dream of any legislative support or correction! Instead of Chinese / Indians in the endless line had citizens of the EU nations been affected, everything would have been fixed ages back!

    Everyone is interested in the illegals and their "hard working" school children! That is because of the money, muscle, vote power they wield! Even if they were to have 1% of the law on their side, they would have achieved their objective ages back! They are holding us hostage because we have 100% of the law on our side and they have 0% of the law on their side. Otherwise, why should we law abiding immigrants be grouped with people who jumped fence?

    Think...does this make sense at all? Correct me if I am wrong! I will accept my mistakes with all humility!

    How is the CIR even relevant in our case? Did we do anythng illegal????

    What are we all waiting for? ~ ~ ~

    Honestly, NOTHING but the WILL of the SUPREME POWER can help us !!! (more than 99% of the population are believers, anyway)

    Youngsters in the early to mid 30s with "non US citizen kids" please think seriously. Do not waste your time in this mess for decades. We have all suffered for 10 - 12 years now and have no options. If you cross the age of 40 then you cannot immigrate to any western country because you will lose in the "points system". It would be a good option to live in countries who have a clear cut time bound program which does not discriminate on the basis of your nationality.

    When the corporations wanted you and I, H1 was increased - no one was bothered about your nationality at that time. Today when we want a future for our family and kids, people talk about quota and diversity! This is what is known as "Having the cake and eating it too"

    Remember, the system has been designed to support and ensure long term indentured labour to sustain the greedy corporations! There is no place for empathy or compassion. It is business! It is money! Free market enterprise works this way!

    If we are expecting miracles, we are chasing a mirage!!!

    May the SUPREME POWER bless the EB2 / EB3 communities and give them the strength, resilience and the patience they badly need!!!





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  • factoryman
    06-18 05:24 PM
    and will revalidate your H1B, assuming the job, company everything is same. That is my best educated guess.
    What heppens if i have AP and go for H1 revalidation...the h1b gets rejected/delayed..can i come back in AP?



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  • bbct
    01-13 12:51 PM
    Atleast they are moving EB2 by few months so the chances of old cases getting approved is high.





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  • pappu
    05-31 10:09 AM
    FAQs for Dc advocacy days

    http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1597944-advocacy-days-frequently-asked-questions.html#post1961366



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  • she81
    09-27 02:23 PM
    I guess using our degrees to pass on a message is a fool-proof idea. That can immediately catch on with media like flowers did. If not stoppers, we can write our message in bold colors on the degrees.

    Indeed thoughtful. I'm all in for it.





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  • add78
    05-29 10:01 AM
    Championship word for Legal Future Immigrants in USA waiting in the EB-backlogs = A-P-A-T-H-Y

    If you disagree, then get off your behind, join the state chapter, donate to your own cause and organize.



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  • makemygc
    08-27 12:26 PM
    A growing number of states now refuse to issue driver's license beyond the validity of I-94. that means that until your H1 extension is approved, you wont get it, because the new I-94 with new dates will come only after your extension is approved.

    Now, in Arizona, they accept receipt of H1. In Nevada they dont. Other states have other rules. I know only about these 2.

    You can upgrade your H1 to premium filling out a form and it will get approved in 7-10 days. Your employer should bear the expense of premium filing because the employer procrastinate and delay filing of extensions even though its possible to file extension 6 months ahead of expiration date. That procrastination should cost the employer or the lawyer, whoever caused the delay.

    You cant blame DMVs for asking for latest I-94. That is the only way they can make sure they are not issuing driver's license to those who overstayed their visas and became illegals. The blame here lies at the feet of employers and lawyers who delay filing extension till the last moment. USCIS gives H1 extension in usually 3-4 months. If everyone filed 6 months ahead of expiry, there is no problem.

    Sometimes the government does all it can, and it is possible to avoid all pain if right things are done. But people never easily admit their own mistakes of procrastination and then blame USCIS. USCIS and DMVs of states are totally ok on this issue, in my opinion.

    What if DMV refuses to renew the license if I-94/H1 is extended for 1 year (mostly in the case of H1 extension beyond 6th year) but is not stamped on your passport. This happened with me. DMV officer insisted on visa stamped on my passport and he was not ready to accept the I-797 form which I was showing. Finally, I've to go to other DMV and count on my luck to get my license renewed.
    This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
    In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.

    Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?





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  • psaxena
    10-01 08:09 PM
    Even I was thinking on the same lines and discussing with my friends. My son travel with us using PIO. But I was thinking to apply for the OCI.

    Now the question is Pros and cons of OCI on PIO.

    With OCI pro is
    - one can live in India as long as he wants.
    - Donot have to pay NRI fees in the school and colleges.

    Cons -
    Indian law will be applicable, means something happens US government won't do anything.
    Rest of the NRI rules are applicable, no right to vote, limitation on kind of investments

    Guys this is all I know, put more together so that everyone of us in the similar situation can make a decision.





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  • NoMoreSilence
    01-18 07:35 AM
    :confused: I donated $101 thru Paypal yesterday to move the number 14386 up fast. But it did not change at all!!:confused:





    nrk
    08-11 08:37 AM
    sorry to hear that, when is your PD.

    Hopefully from October 2010 the date stay as it is. Did you checked the cut off data it does show 0 requirement prior to 2006.



    Very Disappointment for me.....as i missed it with couple of days.

    Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)

    I'm not sure if they are going to move dates in Oct or not...





    royus77
    07-23 05:22 PM
    Will CIS generate the Receipt notice first before transfering the application to the appropriate service center. ( like transfering the application from NSC -> TSC when the I-140 was approved at TSC but filed at NSC) .

    Any idea ? Any sign of Cheque cashing for the 2 july filers ????



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