gonecrazyonh4
04-25 11:04 AM
My husband has been working on H1B with a leading company in USA since early 2000. Our Labor was filed in March 2005 and is stuck at BEC. I am on H4 and am not able to work or contribute.
One of our friends starting working in USA through a consultant in late 2004. Filed his I-140 directly with a substitute PD in June 2005. They received their EAD same year in October 2005 and received his physical Green card on February 2006 . He used a priority date of 1999 due to his substitute PD. Now he is a free bird and can move jobs, his wife can work and they receive all the benefits of green card.
How fair can this be?
We are unable to move, take up a better job, receive a promotion or take up fulltime studies even after getting admission in best Universities due to our Visa situation.
Sweeping changes are necessary in immigration rules and the date the person starts to work on H1B should be considered as the priority date. It will eliminate lot of corruption and reward those who truly contribute to the economy.
One of our friends starting working in USA through a consultant in late 2004. Filed his I-140 directly with a substitute PD in June 2005. They received their EAD same year in October 2005 and received his physical Green card on February 2006 . He used a priority date of 1999 due to his substitute PD. Now he is a free bird and can move jobs, his wife can work and they receive all the benefits of green card.
How fair can this be?
We are unable to move, take up a better job, receive a promotion or take up fulltime studies even after getting admission in best Universities due to our Visa situation.
Sweeping changes are necessary in immigration rules and the date the person starts to work on H1B should be considered as the priority date. It will eliminate lot of corruption and reward those who truly contribute to the economy.
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vkannan
03-12 05:06 PM
No LUDs. I had not checked my case status in the last 4 months and then I just received this email.
Dude
Interesting case, did you port your PD or??
Dude
Interesting case, did you port your PD or??
coopheal
07-05 01:41 PM
I contacted WI senators office and told about the visa bulletin changes.
Also called WPR to highlight the injustice done to legal immigrants by changing the visa bulletin on the day USCIS was supposed accept the I-485.
Also called WPR to highlight the injustice done to legal immigrants by changing the visa bulletin on the day USCIS was supposed accept the I-485.
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GCNaseeb
09-13 04:19 PM
$100 Sent thru Paypal. (ID #9U1869976C484994N)
Go IV Go.
Go IV Go.
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chandsri81
05-14 07:19 AM
Hi
BOA is now asking me for I-94. In my I-94 it is stamped as"Paroled until July 29th 2010" - will they interpret this as my valid stay in the US being only till July 29th? Not sure how I can explain this to them
Chandana
BOA is now asking me for I-94. In my I-94 it is stamped as"Paroled until July 29th 2010" - will they interpret this as my valid stay in the US being only till July 29th? Not sure how I can explain this to them
Chandana
fightforit
04-30 03:06 PM
I faced a similar response when I called Senator Scott Brown's office. His staff member categorically stated that he is against amnesty, but is 'sympathetic' to the cause of legal immigrants. I explained that as members of IV, we are working towards legal immigration reform since the process is stagnant (without trying to diss illegal immigrants). Its an awkward situation trying to separate the two...but I think we really need to.
However, my greatest fear is that even though legal immigration reform may garner bi-partisan support, who in Congress will take it up on its own if CIR gets shot down?? Legal immigrants are in much smaller numbers than illegal ones..and will anybody take up our cause without the other?
However, my greatest fear is that even though legal immigration reform may garner bi-partisan support, who in Congress will take it up on its own if CIR gets shot down?? Legal immigrants are in much smaller numbers than illegal ones..and will anybody take up our cause without the other?
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saimrathi
07-06 11:01 AM
I missed the URL in the previous post..
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=81e6b0f8a0150110VgnVCM1000000ecd190aRCR D&vgnextchannel=34165c2af1f9e010VgnVCM1000000ecd190a RCRD
USCIS has a section for Outstanding americans.. can we contact some of them with the issue at hand..
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=81e6b0f8a0150110VgnVCM1000000ecd190aRCR D&vgnextchannel=34165c2af1f9e010VgnVCM1000000ecd190a RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=81e6b0f8a0150110VgnVCM1000000ecd190aRCR D&vgnextchannel=34165c2af1f9e010VgnVCM1000000ecd190a RCRD
USCIS has a section for Outstanding americans.. can we contact some of them with the issue at hand..
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=81e6b0f8a0150110VgnVCM1000000ecd190aRCR D&vgnextchannel=34165c2af1f9e010VgnVCM1000000ecd190a RCRD
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gc28262
08-12 11:22 AM
This will infact increase offshoring.
These companies will pay the extra fees, but will change their onshore/offshore model. Will use less H1/L1 visas , but will increase the headcount of offshore operations.
So the smart senator will force more jobs to be outsourced. These jobs will never comeback once gone. If we look back at the 2000 recession, it caused a major shift in the way US companies looked at outsourcing. Pre-2000 many companies didn't believe that all jobs could be outsourced. 2000 recession forced them to think otherwise.
These kind of bills will cause a re-thinking in corporate america's thought process. They will think of creative ways to outsource. Against this senator's hopes, it will reduce jobs here.
These companies will pay the extra fees, but will change their onshore/offshore model. Will use less H1/L1 visas , but will increase the headcount of offshore operations.
So the smart senator will force more jobs to be outsourced. These jobs will never comeback once gone. If we look back at the 2000 recession, it caused a major shift in the way US companies looked at outsourcing. Pre-2000 many companies didn't believe that all jobs could be outsourced. 2000 recession forced them to think otherwise.
These kind of bills will cause a re-thinking in corporate america's thought process. They will think of creative ways to outsource. Against this senator's hopes, it will reduce jobs here.
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Humhongekamyab
06-11 12:40 PM
Guys,
What Mr. Charles Oppenheim is doing is trying to build a Consensus to create a legislative relief.
So, they want us to create an awareness and buyin from decision Makers.
"Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."
I agree. This was always there and it is only now that the government has acknowledged it. Mr. Oppenheim has given us ammunition to build our case and we must use it wisely.
Maybe we can have a have a "send fax" feature on IV from where we can quote Mr. Oppenheim's statement to send a fax to our senators. Also, it is high time that IV is a paid site even if it is $1 per month or 1 cents a day i.e. $3 per month. As I suggested in the past, new members/ visitors should be allowed to read the forums but to post a question or reply to a question one should be a paid member. I am confident that even with $1/month of 1 cent/day we will do better collections that we are doing now.
What Mr. Charles Oppenheim is doing is trying to build a Consensus to create a legislative relief.
So, they want us to create an awareness and buyin from decision Makers.
"Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."
I agree. This was always there and it is only now that the government has acknowledged it. Mr. Oppenheim has given us ammunition to build our case and we must use it wisely.
Maybe we can have a have a "send fax" feature on IV from where we can quote Mr. Oppenheim's statement to send a fax to our senators. Also, it is high time that IV is a paid site even if it is $1 per month or 1 cents a day i.e. $3 per month. As I suggested in the past, new members/ visitors should be allowed to read the forums but to post a question or reply to a question one should be a paid member. I am confident that even with $1/month of 1 cent/day we will do better collections that we are doing now.
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guest1978
08-11 07:33 PM
sandy2575,
What category/country and what PD?
I am July 2nd filer, Got finger print notice from NSC with notice dated 8/7.
What category/country and what PD?
I am July 2nd filer, Got finger print notice from NSC with notice dated 8/7.
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danu2007
05-22 05:02 PM
I have made a one time contribution of $100.
Receipt ID: 97J49355KG857603M
Thanks
Receipt ID: 97J49355KG857603M
Thanks
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lazycis
11-20 01:11 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
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rockstart
06-25 02:32 PM
I have no problems working for millionaires and billionaires but because of government apathy most of the big corporations are scared of hiring people on H1B ( to be specific on their own h1b) When I went to school in Kentucky which is not very industrialized state we had Toyota, Lexmark as top companies in our area but both did not want to sponsor H1B. The only way you can work with them is by joining some small time consulting firm and working as contractor. Else these guys just outsource their development to TCS/ Wipro folks. So the billionaire business man gets hsi work done from offshore place and qualified people start to move to IT jobs and code in java or dotnet.
And then you lose your libido :). Agreed�. With the delay you lose the golden period in your career and end up at a lower level. Most of the self made millionaires rockstarted young when they had the drive and desire. I still say America gains more than what they lose by delaying GC process. If they hand out GCs faster then who will work for those millionaires and billionaires?.
And then you lose your libido :). Agreed�. With the delay you lose the golden period in your career and end up at a lower level. Most of the self made millionaires rockstarted young when they had the drive and desire. I still say America gains more than what they lose by delaying GC process. If they hand out GCs faster then who will work for those millionaires and billionaires?.
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Libra
09-10 10:51 AM
thank you glen and chiragmodi for your contributions. on receipt tracking thread people even thinking(may be later) of sacrificing animals for receipts but not contributing. so sick.
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laksmi
01-07 03:46 PM
Dear Friends,
I have approved Advance parole but my name on Advance Parole wrongly printer, mistake of USCIS, what should I do and how long will it take to get it rectified, is any one had such issue please advice.
Many Thanks
I have approved Advance parole but my name on Advance Parole wrongly printer, mistake of USCIS, what should I do and how long will it take to get it rectified, is any one had such issue please advice.
Many Thanks
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Ramba
09-15 05:44 PM
This topic was already discussed. Whoever opposing PD porting is confused between law and abuse. As per law, PD porting is 100% valid and legal, one can do nothing to challange the law. A janitor can become a rocket scientist and port PD from EB3 to EB1. One cannot stop it. PD is the date one has officially shown the intend to immigrate and put up in the line. He/She will take the priority/ senioirty if he/she changes the catagory.
However, people (particularly in consulting/desi/ IT/bodyshopping industries) may be abusing it by creating duplicate job just to port from EB3 to EB2. If any one has evidence/details about it, inform the USCIS/DOL to cutail those employers. You can also explain them that if a same employer files 2 140(or LC) for a same person for a same/similar occupation classification, it should be stopped. Perhaps CIS and DOL listen to you guys. All other efforts will be waste. Even if they act on your request (one employer for one 140), people will find another bodyshoppers to file Eb2 petition.
However, people (particularly in consulting/desi/ IT/bodyshopping industries) may be abusing it by creating duplicate job just to port from EB3 to EB2. If any one has evidence/details about it, inform the USCIS/DOL to cutail those employers. You can also explain them that if a same employer files 2 140(or LC) for a same person for a same/similar occupation classification, it should be stopped. Perhaps CIS and DOL listen to you guys. All other efforts will be waste. Even if they act on your request (one employer for one 140), people will find another bodyshoppers to file Eb2 petition.
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vik352
08-13 05:05 PM
EB2 requires Masters or 5 years of experience. For those waiting in the queue for more than 5 years should automatically qualify for EB2 because they have 5 years of experience. I dont care the fine wording that says the job needs Masters or 5 years of experience. We should push lawmakers for this option to reduce the huge backlog. What do others think of this option and start a campaign for it?
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logiclife
07-05 05:07 PM
Spoke to Congresswoman Office personnel in CA . Congresswoman Eshoo office staff and Congresswoman Lofgren office staff. Going to contact Senator Clinton. I had contributed towards her Presidential Campaign.
Going to meet Congress Congresswoman Eshoo staff next week.
Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.
Going to meet Congress Congresswoman Eshoo staff next week.
Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.
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eb3_nepa
04-25 01:04 PM
So what happens to people who already have a PD based on the labor(LC) date?
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
I agree. Also it will be a MONUMENTAL fiasco at the UCSIS and DOL. How do we forsee changing existing applicants' PDs. That will be atleast a 4-6 month backlog and i am being optimistic here.
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
I agree. Also it will be a MONUMENTAL fiasco at the UCSIS and DOL. How do we forsee changing existing applicants' PDs. That will be atleast a 4-6 month backlog and i am being optimistic here.
Libra
09-12 01:30 PM
bump
whitecollarslave
04-30 02:31 PM
Can somebody post the link please?
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