Monday, June 20, 2011

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  • belmontboy
    10-27 05:01 PM
    Guys, things may not be great, but you know what - "what does not kill me only makes me stronger" - Friedrich Nietzsche

    Hope this diwali bring great things for us.




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  • I-485 approval
    08-20 10:30 AM
    I filed for I-485 under EB3 category in July 2007 and have a priority date of March 2003. Since EB3 is not moving at all. I applied in EB2 category and got I-140 approved based on my old Priority date(March 2003).

    My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't recieved any communication from them.

    My case is current as of Aug 1st 2009 but no LUD's on my case.

    How would I know that USCIS have changed my case from EB3 to EB2.

    I apperciate your response in this regard.




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  • desi3933
    06-10 04:53 PM
    Hello Attorney,
    .......
    .......
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.


    It is 30 days since the posting of this question, and not a single reply from any attorney.

    Let me repeat my understanding on this question -

    ----------------------------------------------------------------------
    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
    --------------------------------------------------------------

    Have a good day!


    ______________________
    Not a legal advice
    US citizen of Indian origin




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  • gc_buddy
    04-04 05:24 AM
    There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.


    Just to add, The Ability to Pay must be provided as of the priority date and continue until such time you recieve legal residance. If you are making fianancial adjustments as of today they may not be of much use..Just make sure of this when you or your employer makes financial adjustments..



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  • pandu_hawaldar
    10-05 12:47 PM
    I applied for AP for primary and secondary applicants on 09/17 at TSC (RD 09/24). Online update showed that AP for Primary applicant has been approved, but the secondary still shows under review. Today I received approved AP for the Primary applicant in mail, but nothing for secondary applicant yet. Why TSC is not approving both the APs at the same time? Last time, I got the both at the same time. Any idea or guidance please.....




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  • nc14
    08-28 04:08 PM
    I am sure IV (which is WE) do not need sarcasm (asli_vdl_rao or what ever). Also, I think IV very much needs guys like you leoindiano and a recurring $25 contribution is not that big of a deal in the grand scheme of things. You have been a great proponent of this cause by supporting it

    What do you say leoindiano?



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  • sam_hoosier
    06-25 12:59 PM
    I called AAA. They said its free for Premium members only. I'm Plus member and price is $25 for 6 photos.

    Yep, thats what I paid ;) And while its true that we are spending a lot of money on our GC process, saving a few dollars here or there always helps.

    I hope the members who are indifferent towards saving money on photographs are actively contributing to the IV cause.:p




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  • rcr_bulk
    08-28 03:28 PM
    Admin Dudes,

    I contributed $600 dollars so far and i have no access to Donor Forums. Please fix this.

    Thanks

    You contributed 600:confused: for what?



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  • Beemar
    12-09 04:44 PM
    I insist that the name of the person who used profane language on IV website be revealed. It is a serious and urgent issue. Such people must be exposed for the public good.




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  • pellucid
    04-05 03:31 PM
    America embraces foreign-born ballplayers, but not engineers, much to the
    dismay of big business, says Fortune's Marc Gunther.

    By Marc Gunther, Fortune senior writer

    NEW YORK (Fortune) -- Imagine if the baseball season had begun this week
    without such foreign-born stars as Albert Pujols, David Ortiz, Justin
    Morneau and the latest Japanese import, pitcher Daisuke Matsuzaka and his
    mysterious "gyroball."

    It wouldn't be as much fun, would it? Fans want to see the most skilled
    players compete - immigrants and Americans.

    So why is it that people don't want skilled immigrants to compete for jobs
    in the multibillion-dollar technology industry?

    They view these immigrants as a threat. CNN anchor Lou Dobbs argues
    permitting more educated, foreign-born engineers, scientists and teachers
    into the country would force many qualified American workers out of the job
    market.

    That may be true in baseball, where the number of jobs on big league rosters
    is fixed. That's not necessarily so in technology, where people with skills
    and ambition help expand job opportunities. Immigrants helped start Sun
    Microsystems, Intel (Charts), Yahoo! (Charts), eBay (Charts) and Google (
    Charts). Would America be better off if they'd stayed home?

    "This is not about filling jobs that would go to Americans," says Robert
    Hoffman, an Oracle (Charts) vice president and co-chair of a business
    coalition called Compete America, which favors allowing more skilled workers
    into the United States. "This is important to create jobs. It's not a zero
    sum game."

    This week, as it happens, is not just opening week of the baseball season.
    It's the week when employers rush to apply for the limited number of visas,
    called H-1B visas, that became available on April 1 to allow them to
    temporarily hire educated, foreign-born workers. This year, Congress has
    allowed 65,000 of these H-1B visas, plus another 20,000 for foreign-born
    students who earn advanced degrees from U.S. universities. After obtaining
    guest-worker visas, employees can then seek green cards that allow them to
    stay in the United States

    FedEx and UPS did a brisk business last weekend because the visas are
    awarded on a first-come, first-served basis. The first 65,000 are already
    gone. The 20,000 earmarked for graduates of U.S. universities will be
    distributed in a month or two, experts say.

    This makes it very hard for companies to hire foreign-born graduates of the
    U.S.'s top schools. More than half the graduate students in science and
    engineering at U.S. universities were born overseas.

    "It's sending a signal to the best international students that they may not
    want to make their career in the United States," says Stuart Anderson,
    executive director of the National Foundation for American Policy, a
    research group. (Anderson, an immigration specialist, also wrote a study of
    baseball and immigration that's available here as a PDF file.)

    Expanding H1-B visas is a top priority for U.S. tech firms. Bill Gates,
    Microsoft's (Charts) chairman, told Congress last month: "I cannot overstate
    the importance of overhauling our high-skilled immigration system....
    Unfortunately, our immigration policies are driving away the world's best
    and brightest precisely when we need them most."

    CNN's Lou Dobbs was unimpressed. "The Gates plan would force many qualified
    American workers right out of the job market," he fretted on the air after
    Gates testified. "There's something wrong when a man as smart as Bill Gates
    advances an elitist agenda, without regard to the impact that he's having on
    working men and women in this country."

    It's not just Dobbs. Internet bulletin boards and blogs are filled with
    complaints about foreign-born engineers. The U.S. branch of the Institute of
    Electrical and Electronics Engineers, the leading society of engineers,
    brought about 60 engineers to Washington last month to ask for reforms to
    the H-1B program. IEEE-USA supports a bill proposed by Senators Dick Durbin,
    an Illinois Democrat, and Chuck Grassley, an Iowa Republican, that is
    designed to crack down on companies that use the guest worker program to
    displace Americans from jobs.

    As it happens, most of the largest users of the H1-B program are not
    American companies but foreign firms that want to move jobs out of the
    United States. Seven of the 10 firms that requested the most H1-B visas in
    2006 were outsourcing firms based in India, which use the visas to train
    workers in the United States before they are rotated home, according to Ron
    Hira, an engineer who teaches public policy at the Rochester Institute of
    Technology. Indian outsourcing firms Wipro and Infosys were the two top
    requestors of H1-B visas.

    In a paper for the Economic Policy Institute, Hira says that expanding H-1B
    visas without improving controls will "lead to more offshore outsourcing of
    jobs, displacement of American technology workers (and) decreased wages and
    job opportunities" for Americans. He told me: "Bill Gates talks about how
    you are shutting out $100,000-a-year software engineers. But if you look at
    the median wage for new H1-B workers, it's closer to $50,000."

    Asked about that, Jack Krumholtz, who runs Microsoft's Washington office,
    said the average salary for Microsoft's H1-B workers is more than $109,000,
    and that the company spends another $10,000 to $15,000 per worker applying
    for the visas and helping workers apply for green cards. "We only hire
    people who we want to have on our team for the long run," he said.

    It seems clear that Microsoft - along with Oracle, Intel, Hewlett Packard
    and other members of the Compete America coalition - do not use the guest
    worker program to hire cheap labor. They just want to hire the best
    engineers, many of whom are foreign born.

    So what to do? Everyone seems to agree that the H1-B program needs fixing. (
    Even Hira, the critic, says the United States should absorb more high-
    skilled immigrants.) Whether Congress can fix it is questionable. The guest-
    worker program is tied up in the debate over broader immigration reforms.

    But guess what? Just last year, Congress passed the Compete Act of 2006,
    which stands (sort of) for "Creating Opportunities for Minor League
    Professions, Entertainers and Teams through Legal Entry." Yes, that law made
    it easier for baseball teams to get visas for foreign-born minor league
    players.

    If the government can fix the problem for baseball, surely it can do so for
    technology, too.



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  • gc_on_demand
    03-25 02:16 PM
    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.


    You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?




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  • mayhemt
    07-03 02:18 AM
    Here's an idea that came up in my head:

    There's no use working 'towards' EB wait period issues, there will always be thorns in the roses.. Lets work 'against' EB advantages (superficially) - well this could be in parallel to 'towards' part.

    Here's the agenda, that administration/congress would need to implement in law :

    "Restrict/Prohibit all non-immigrant class workers (H1, L1 etc) from investing, be it 401k, IRAs, Regular stock investing, Real Estate investing, Forex etc"


    (Before you all start bashing this, let me put down some pros & cons)...

    Pros:
    1. People (with immigrant intent) will not be in limbo. if you want to move back after living 5-6 yrs in US, there's nothing to pay penalty on. Today there's an early withdrawal penalty on 401K, IRA.
    Like many of us - who applied for 140/485 waiting endlessly for the magic card.... investing our dear hard earned money in 401ks & other investment vehicles - only to see them lose value or worse stuck in that vehicle (Of course there's another school of thought that says if I invested 10k in 401k, & net value is now 20k & even if I withdraw it paying penalty, I will be in green..but i guess this demographic will be significantly small). My colleagues & I too procrastinated about moving back to India - but since we still have to recover our 401k/IRA losses we have been pushing the magic year a little further - but thats just me.

    2. Markets/Businesses will realize the sudden disappearance of funds coming into market because of this new law & Market forces might lobby towards faster Immigrant status changes - remember this law is only for non-immigrants, Permanent residents would have no restrictions on investments.

    3. We (IV community) need not work diligently on this issue. We might just have to create some numbers on folks who made good amount of money in speculating oil/natural gas/gold and driving these prices like crazy OR who have been sending profits on investments to their home country. If we at least get this ball roll, anti-immigrants like numbersusa will pick up this agenda & work 'with' us..

    4. Home country flourishes.. 401k has an annual limit of 15.5k $ for 2008, 16.5K $ for 2009). Assuming 250K non-immigrants (H1s, L1s) restricted to invest, yearly 3Billion USD just disappears from markets & at least a small percentage would find its way to home country. This is just 401K. If we add IRAs and regular trading accounts, Real Estate.... Wall Street would crap in their pants - they need our money to drive their Ferraris, Lambos you know!! If Wall Street says something, Capitol Hill HAS to listen.


    Cons:
    1. H1s L1s wont be able to reap profits in investments. Hey at least you wont be losing your money. This is like a pseudo protection of your money if you have H1, L1 cards. Who knows? This might create huge demand for people wanting to convert from EB2/EB3 to H1 :)


    If you all see any other sides of this story, you know where to find that 'reply' button.

    Disclaimer: I am not looking to crash markets - just trying to leverage our situation with that of markets, with anti-immigrant groups' position as catalyst.



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  • jayleno
    10-08 02:05 PM
    I went to the Arlington DMV today. They took copies of my I-485 and EAD. They said they will send a letter to my home in 7 to 10 days, if I'm eligible for a drivers license. I went a month back when I didn't have the EAD with me and they did not even accept my documents for faxing it to Richmond. Man...its getting crazier everyday.

    Please post back your experience here. Thanks for starting the thread.

    I am starting this thread to collect and share experiences using EAD as proof of legal presence with with VA DMV.
    1) I read on the forums that if we take EAD to DMV , they would fax it to Richmond and wait for verification.It could take anywhere from half an hour to 1 week.
    I went to DMV in TysonsCorner, was told that I need to bring I797 to be able to get them to fax it. This was on 10/2/2010
    2)I went to Franconia DMV with I797 for my EAD application. ( I797 is the receipt notice )
    I was told that, I need to bring Original receipt notice of 485 application and If I have that, the manager can issue me the licence then and there.
    I said that I cannot get the original 485 receipt and requested them to fax it to Richmond and wait for the response.Then they started saying even for faxing they need 485 original receipt.
    I couldn't corroborate that , but any way decided to try Tysons corner DMV again.
    This is today, 10/08/2010.

    I will update the post after trying one more time at Tysonscorner DMV with I797 of EAD.
    If anybody else has experience or knowledge of this process , please post to this thread.




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  • Kapils573
    10-07 03:07 PM
    I had a OHIO driver's license for last 5 yrs and moved as a consultant. I worked in Memphis,Texas and PA. I did not change my OHIO license in Memphis and Texas as the duration of the projects were short. Finally I did change to PA drivers license. When I did change to PA driver's license ,I took with me my apartment lease copy, Telephone bill, H1B-I797 and OHIO driver's license.
    I was able to change it to PA driver's license. Maybe if u show more supporting documents , or go to another license bureau in Maryland they will change the license for u

    Hope that helps

    Kapil



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  • jotv
    11-04 01:37 AM
    Hai ,

    Sorry For The Late Reply and Thank You For All Your Responses.

    I Need The Details About " Medical Transcription " Job .
    Because Some One Told Me That We Will Get That Job Quickly .thats Why I Am Asking The Details . If You Know Please Respond To This Message .thank You In Advance.




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  • naveenarjun
    06-04 10:39 AM
    If this is old then why did i see it on THOMAS as
    =====================================
    S.1348
    Title: A bill to provide for comprehensive immigration reform and for other purposes.
    Sponsor: Sen Reid, Harry [NV] (introduced 5/9/2007) Cosponsors (4)
    Latest Major Action: 5/25/2007 Senate floor actions. Status: Considered by Senate.
    ======================================
    :confused: :confused: :confused: :confused: :confused: :confused::confused: :confused: :confused: :confused:
    ======================================
    http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
    The one you are seeing is being replaced one section at a time..So I assume its incomplete.



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  • smuggymba
    05-20 09:56 AM
    How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.

    FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.

    IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).

    Did you contribute even 50 dollars for April advocacy now that you want IV to work exclusively for you?




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  • raj2007
    06-14 08:40 PM
    lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?


    No..you can file later based on pending 485 but why you want to wait to save some bucks.




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  • franklin
    02-12 06:04 PM
    But quality of life is determined by the freedom and once you get your GC then you will be able to do anything, right ? or I am thinking wrong.

    Maybe yes - Quality of Life is highly subjective and personal. For example, I value very highly how I am treated at my current employer. I love the work, the people, and my environment. I have some potentially VERY exciting projects coming up in the next few years that could do wonders for my resume. I've been at the same company for 5 years and have built up some serious company loyalty :)

    Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.

    Your thoghts are important. Please let me know.

    Thanks

    For me, the risk involved in changing a job just so I can jump into an EB2 category is too great. By risk, I mean losing the work environment, colleagues, potential experience - THAT is the quality of life I would be giving up. Of course, your job sounds entirely different, being a consulting basis. So I can totally appreciate how you may prioritize differently - meaning finalizing your green card status as soon as you can.

    If I was in your shoes, yes - I would probably do exactly what you are thinking of.

    Like I said though, its a personal choice




    dontcareanymore
    08-24 12:44 PM
    I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.

    Is this normal? Is there something i need to worry about?

    My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status

    My supervisor called back but went to voicemail and left a general message

    Good for you that your case is straight forward , you were never out of status and you are indeed working for the company that had sponsored your GC. It is good for every one that they are trying to weed out the bad apples. That would mean , speedier movement of dates for genuine cases :)

    Nothing to worry if your case is clean. There were couple of other similar on site interviews as reported earlier on this forum..




    ita
    06-17 02:33 PM
    Do u have to inform USCIS everytime u change job or just first time would be sufficient?

    Thank you.



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