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  • indyanguy
    10-01 07:45 PM
    From what I can gather, from the immigration perspective:

    1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible

    2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)

    3. If you are on EAD -
    a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
    b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)

    Thoughts?





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  • ebizash
    10-15 02:04 PM
    This is not 100% relevant to this thread but since we are discussing APs here, I thought I will ask the question.

    Do we need AP to go to / come back from US Virgin Islands? I know that these islands are U.S. territories and should be nothing more than going from one U.S. state to another. The reason for my question is that the DOS website states that for travelling to USVI, the U.S. citizens should carry a Photo Id AND Birth Certificate to establish the U.S. citizenship. Many websites state the same thing and some sites mention that this is because of nearby British Virgin Islands. As you can just take a ferry and come from British islands to U.S. Islands, the Immigration authorities on Mainland need to check your immigration status. This is not the case for travel to Hawaii or Puerto Rico.

    Does anyone know for sure or have personal experience visitng the USVI?





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  • arnet
    11-01 07:38 PM
    thanks villamonte6100 to bring this issue up to IV notice. btw in which state you had this problem?

    I know few states have their own set of rules for license renewal or for first time license issue, but not sure whether entire US states are asking for more immigration related documents during the renewal and that too taking 9wks verification as you said, nt sure whether it is true...

    may be IV core team should open a link, should ask everyone to post if they had similar experience recently in their states so that we can find out more fact abt this issue.

    based on what you said "9 wks verification for immigration status", incase if it is true, then we are getting backlog (retrogression) problem even in driver license renewal.....we have this retrogression problem in gc process, name check process, etc...

    hope it is not true, otherwise we have to add this to IV goals in home page and we have to start working on it.....





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  • k94
    12-15 09:43 AM
    Denied licenses, legal immigrants sue state Registry
    Say status wrongly contested
    By Yvonne Abraham, Globe Staff | December 15, 2006

    Massachusetts Registry of Motor Vehicles employees are routinely and unlawfully denying driver's licenses to immigrants who are here legally, according to a class-action law suit filed yesterday.

    According to the suit, Registry workers asked the immigrants for proof of legal residency when they were not authorized to do so. The workers then denied licenses to the applicants, incorrectly concluding that the immigrants had not demonstrated they were in the United States legally, the suit alleges.

    In all cases, the immigrants' lawyers said, the Registry workers were overstepping their legal authority and violating the immigrants' constitutional rights.

    "They don't have the authority to enforce federal immigration law," said Sarah Wunsch, staff attorney for the ACLU of Massachusetts, who is representing the seven immigrants who brought the suit. "But they've taken it upon themselves to do it, and they're doing it wrong. It's not an isolated case here and there. This appears to be policy."

    Wunsch said hundreds of other immigrants have similarly been denied licenses.

    A spokeswoman for the Registry of Motor Vehicles declined to comment, saying Registry lawyers had not yet had a chance to review the lawsuit.

    Under state policy, applicants for a driver's license must present proof of their identity by providing a valid Social Security number, which the Registry checks against a Social Security Administration database.

    In order to obtain a valid Social Security number, an immigrant must be in the country legally. Applicants must also show proof of their age and address.

    All of the plaintiffs presented valid Social Security numbers when they applied for licenses, Wunsch said. Even so, Registry workers rejected their applications.

    In some of the cases, applicants were not given any reason why they were rejected. In the others, Registry employees improperly sought additional proof of the applicants' immigration status and then said the documents were not adequate.

    Registry spokeswoman Amy Breton, speaking generally, said Registry employees do not enforce immigration laws.

    But she added: "Certainly, we've had to become more familiar with immigration documents. We want to make sure we are issuing licenses to Massachusetts residents, because that is what the law calls for."

    She said the Registry has been responsive to complaints that immigrants have been treated unfairly. On Wednesday night, the head of the agency, Registrar Anne L. Collins, met with about 300 immigrants and their advocates in Hyannis to hear their concerns about the license application process, she said.

    In many cases, Breton said, immigrants who feel they have been unfairly denied a license can file an appeal, which costs $50.

    Lawyers for the seven plaintiffs say their clients should not have to spend money to challenge what is clearly a discriminatory practice.

    "The Registry seems to be asking immigrants to produce justification for their presence in the United States," said lead attorney Kenneth Berman of Nutter McClennen & Fish.

    The lawyers said that the problems demonstrate the danger of having state employees who are not trained in immigration law taking on enforcement of that law.

    Two immigrant advocacy groups are also plaintiffs in the suit, alleging that the Registry's discrimination against immigrants forces them to divert time and resources from other activities.

    "This is extremely common," said Desmond FitzGerald, an immigration lawyer who represents four immigrants who were denied licenses in a separate case to be heard early next year. "We want the Registry to regulate the safety of our roads, not enforce immigration rules."

    One of FitzGerald's clients, the wife of a prominent Spanish scientist who is in the United States on a visa reserved for persons of exceptional ability, was denied a license because Registry workers who asked for proof of her legal residency did not recognize her visa. After she sued the Registry, the agency settled the case, granting her a license.

    One of the plaintiffs in the class action suit filed yesterday is an immigrant from Zimbabwe who has a pending application for asylum. The woman, a nurse, has work authorization and had already been granted a driver's license.

    When she tried to renew that license this week, she produced her old license, her Social Security number, and proof of her car insurance coverage, which showed her address. Still, she was asked for her passport.

    The woman, who fled political persecution in Zimbabwe, does not have a current, government-issued passport from that country. She showed the Registry employee a document showing that the US government had granted her permission to remain here. Her application was still denied, as was her daughter's application for a learner's permit.

    "Given how dependent we all are on the right to drive an automobile, the denial of a license is causing real hardship to the people I represent," Berman said.

    The issue of driver's licenses for immigrants has become highly charged over the past year, as the national debate on immigration has grown more fractious.

    The question of issuing driver's licenses to illegal immigrants was a matter of fierce dispute during this year's gubernatorial race, in which Governor-elect Deval Patrick said he would consider giving licenses to those who are here illegally. He was pilloried for that suggestion by his opponent, Lieutenant Governor Kerry Healey, who with Governor Mitt Romney has taken an aggressive stance against illegal immigration.

    Immigrants' advocates said they worry that the Republican administration's zeal is causing Registry employees to punish immigrants who had followed all the rules.



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  • dallasdude
    06-12 12:56 PM
    If they get continus apps from Eb1 in each quater how can they set up cutoff date ? ( I mean their demand with in range of supply ) .. isn't that illegal ?

    Most recently, the cutoff dates for EB3-India was set on Jan 05 bulletin and for EB2-India on October 05. Not sure about the other categories, but it seems to me that they either do it at the start of a quarter or at the beginning of a fiscal year. Based on their comments, it does seem like demand is starting to exceed supply for those EB1 categories.

    I feel like EB1 India and China will have cutoff dates beginning October 09.





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  • miththoo
    11-07 04:24 PM
    If someone enter USA they can bring in 10K$ with them in any form, ask you parents to go to any center in india private broker or anyone and buy $$ (thye charge some amount and that is in paise if they buy $ from you at 39 then they will sell it at 39.50 or so)

    You can buy as much as you want 100K$ or more. then when someone from india is coming then they can hand it to him and he can give it to you here.

    Well in that case you "may" get caught by IRS (if they audit ). But in case of wire transfer you can prove that the money came from India in which there would not be any tax liability.



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  • longwait4gc
    05-06 12:59 PM
    Please go and take some english writting classes first. Your english is very poor. Taking some classes will help you in longterm. MBA in US is taught in english not telgu. An MBA from a shady univ is not going to help you anyway and USCIS is cracking down hard on bogus porting these days.

    Can you take some writing classes first? Your English is full of typos and grammatical mistakes.
    How do you know if that person knows Telugu?
    Why do you have so much hate against Telugu people? Are you an anti-immigrant?





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  • NKR
    09-29 10:29 AM
    Guess What from NOV - 08 to July 09, the VB will have older Cut off dates and after July 09 DOS will open the flood gate and move the cutoff of to 2007 or even 2008.

    USCIS will start approve the cases with later PD's and the leave the older PD's on the air.

    It is a mess. I don't have any trust in USCIS

    I understand dude, there is no fairness in the system. My PD is close to yours. I couldn�t apply in July and applied to August, as if that RD was not enough, they moved my case from TSC to NSC and reset the RD to Oct. Not only are they not following PDs, they are throwing away RDs according to their whims and fancies� I have lost faith in the system.



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  • maine_gc
    05-21 03:44 PM
    My I140 is pending at TSC from Apr 2007. No RFE. Called the CS and opened an SR in jan 08 and i got the standard reply. My Attorney opened another SR in May. Hoping to get some information on my case from TSC this time
    I think all these processing times are unreal and who knows how they process these cases (may be GOD)





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  • srinivas_o
    07-08 02:05 PM
    Thank You, WeShallOvercome. Your words really made me relaxed.



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  • DDLMODES
    07-06 12:57 PM
    Just talked to my lawyer..he said even if we win the case...eligibility is based on the court order...court order may allow every one or only limited people who are in the class action...and in murthy.com they clearly mentioned that, USCIS MAY look at the apllications very closely who are in the class action....who wants that..

    Send flowers on JULY 10TH....the count is reaching 100.
    just my 2 cents...


    Yeah, who wants that ?????





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  • ashishgour
    05-28 06:02 PM
    My humble disagreement here...

    Even though the hearing has been scheduled for the bill S 424, the hearings are not tightly linked to a specific bill. Hearings are a means to collect the data related to the issue at hand. The hearing results can be used to a wide range of related bills. S 1085 is a very similar bill and the emphasis of this bill is also reuniting families. During markup of whichever bill they pickup, they can amend the new pieces of the other bill.

    If it is a markup, then, it is tightly linked to the bill.

    So, definitely the party remains in good standing :)

    Thanks for the positive view dude..Cheers!!!:)



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  • arunmohan
    01-22 01:36 AM
    Figures suggest that there are over 800,000 pending applications. Recapture will get around approximately 215,000 green cards. We are shot of around 600,000 green cards, which will take around 4 years (@140k/yr EB green card) to address the current backlog, which contains your and mine application. This is a deep deep hole and EB3-I is at the bottom of this hole.


    .


    Sanju:

    Actual number of I-485 pending is 673,694, please refer the following link.

    http://www.uscis.gov/files/article/Natz_Benefits_Oct2008.pdf

    I don't know this number is only Employment based or it has included family based too.

    Can someone please confirm this?

    I beleive that the recapture is going to help us a lot.





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  • Keeme
    06-03 10:24 AM
    Follow the Senate judiciary committee Hearing on this link:

    http://judiciary.senate.gov/hearings/hearing.cfm?id=3876

    Somebody please post the live updates.

    Shirley Tan
    Pacifica, CA

    Gordon Stewart
    London, England

    Julian Bond
    Chairman
    National Board of Directors
    National Association for the Advancement of Colored People
    Washington, DC

    Christopher Nugent
    Co-Chair
    Committee on the Rights of Immigrants
    Section of Individual Rights and Responsibilities
    American Bar Association
    Washington, DC

    Roy Beck
    President
    NumbersUSA Education & Research Foundation
    Arlington, VA

    Jessica M. Vaughan
    Director, Policy Studies
    Center for Immigration Studies
    Franklin, MA



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  • admin
    01-30 02:48 PM
    ram_ram,

    We're trying to get in touch with such organizations but we need all the help that we can get. We would love if supporters like you can take up such jobs. You can use our Marketing brochure available at this URL

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=47&Itemid=36





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  • senthil1
    01-21 02:51 PM
    EB3 was like that most of the time. If you go back to 1995 all of the categories were current. China had cut off dates as more chinese than Indians were coming. From there number of H1bs were increased gradually.From 1997 they put cutoff dates and by the time 1999 things got worsened and there were 4 year waiting time and Many people were leaving country because of 6 year Cap of H1b. 1999 first time h1b cap was reached and 40% of them were Indians. In 1999 and 2000 demand for IT was so high and unemployment was record low US economy was in internet Boom. So congress realized that they need to do something. So they increased H1b(for 3 years) and recapture of GC and also AC21 was done. After Dot com Bust everything changed and outsourcing was so much and Indians were using 60% of H1b and equal number of L1. Still Indian H1b and L1 are increasing as there are more Indian consulting companies than H1b Cap numbers. So it will become worse for EB3 as there are so many restrictions of Eb2 unless congress increases GC quota. But it is going to be tough for any immigration reform as economy is very bad and unemployment is increasing. But if there is CIR there is a good chance of recapture bill to pass with CIR. Otherwise AC 21 is only way to survive here for those who filed I485.It is going to be challenging for those who not filed I485 as they have to survive as well they need to maintain immigration status


    i am getting frustrated to see the bulletin everymonth and it never moves.
    people applied in 2006 got their GCs. one of collegue ROW got when applied in 2007.

    dont know whom to blame. why cant they understand our problems.
    r they least bothered.

    my PD is oct 2003-EB3



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  • rajsenthil
    10-02 10:58 AM
    I heard that the rules were different before but as of this year, at least one of the parent of Indian origin need to be an US citizen to apply for OCI. Otherwise, the only option is PIO card.





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  • svgupta
    04-12 11:52 AM
    I think this has been discussed on some other thread.. would it be a good idea to make the contributions public.. may be, this encourages others to contribute, when they realize how much more is needed to reach the monetary goal.





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  • vedicman
    03-09 11:57 AM
    Waiting for VB, Predicting dates of VB is a passive activity.
    Register for Advocacy Days (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36) and actually be the voice for the change each of us want and needs to solve our issues! Be active!

    158 members and guest viewing this thread.
    7 members and guest viewing the advocacy thread.

    Even the people predicting the threads know that the dates will not move (or move significantly), yet we indulge in the waiting and predicting as opposed to taking action.





    alterego
    10-04 12:10 PM
    I agree that the current political climate is so screwed up that, they are not doing anything except in a reactionary way. Part of it is a lack of visionary leadership, "W" has hardly been able to unite the country behind much legislation. The Congressmen have been too entrenched in political gamesmanship and more interested in political survival than the broader national interest. Nothing illustrated this more than the recent bailout legislation. Noone liked it but clearly there was no other option either. The lack of conviction in the way congress approached it however means, they spent 840 billion (instead of 700) and even that seems too little too late. And it might even end up being the first of many more bailouts. Sometimes you indeed can be too late to help out and drag it out more than necessary. Much is all about perception and confidence. Finally, vocal special interests who have selfishness and ideology at heart have no doubt contributed to this toxic mess, and elected officials seem less and less able to divorce themselves of their undue influence (it was not always that way in this country).
    The one saving grace is that an election is in the offing. Honestly it will be a breath of fresh air, no matter who is elected. Someone can then project some leadership and actually get something done. This last 4 yr term has been especially useless in terms of getting anything at all done, not just on the immigration front but any front at all.





    Honda
    04-15 02:28 PM
    Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
    I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
    When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
    As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
    1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
    2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
    3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
    4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
    5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
    I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
    Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.

    Sorry to hear your situation. Please let me know right now which state you are? i have some options to tell you.



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