Friday, July 1, 2011

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  • gc28262
    02-15 11:31 AM
    here also they process so many H1s..... for various many people.... skills/no skills... keep them on bench.... inflate resumes....

    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 ?

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  • qualified_trash
    11-01 07:30 PM
    I renewed my DL in NJ on Aug 31st 2006. The process is the same as in they will verify and give you the license right away. It took me 40 minutes as I went during rush hour.

    ofcourse NJ licenses are until the validity on your Visa/I94.

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  • mhtanim
    10-25 04:08 PM
    Shimul: so did you finally get to see your I-485 status as "Approved" at USCIS's website?

    Please inform us when you receive your green card in mail.

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  • jindhal
    01-14 07:57 AM
    ko gussa kyun aata hain ?


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  • franklin
    09-12 02:42 AM
    How the hell can all the catagories after EB3 be current yet EB3 be back logged???? By rights they should be unavilable until we are current.

    This is just so unfair.

    i can not put in to words just how anoyed i am right now.

    It really should not have been a surprise to anyone.

    Why not put your money where your mouth is? Come to the rally to help make a big change!

    Donate to the cause!

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  • senthil
    11-03 06:15 PM
    1) I would go with travelers cheq's like "srinithati" mentioned. That way it wont be a problem asking someone to bring along with them when travelling from India to USA

    2) If you still have any money on your NRI account , check to see if its re-patriatable type. If you what-ever money you have on you URI account ( except the minimum balance you might need to keep you can convert back to dollars.

    3) May eb we should think about Hawala ( India -> USA ) due to these conversion rates


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  • gsc999
    05-29 02:25 PM

    Thanks for clarifying. IV appreciates support from LGBT community. You have done amazing amount of work for IV in the recent past. Some of the Bay area folks still remember your leadership at 5K run at San Francisco Golden Gate. You created a decent amount of buzz by bringing along your friends all the way to California.

    IV members: Having said that, I would just like to remind some IV members to be mindful of the fact that we enjoy support from diverse groups of people and it makes sense to extend reciprocal courtesy when responding to some of the posts here e.g. the UAFA bill etc.



    Weldonsprings, you might be mistaken about the UAFA bill which is up for a vote on June 3, 2009. The intent of the UAFA is to allow US Citizens and permanent residents to sponsor their foreign-born partners for permanent residency by means of demonstrating a "permanent partnership". Let me re-emphasize, this bill is geared primarily for the LGBT Community of which I am a proud member, so if you are supporting this bill, my thanks to you.

    [QUOTE=WeldonSprings;343823]That is correct! The bills in the house and senate coming up for discussion does not mention visa re-capture. However, Please look at the titles-don't they sound the same. The contents are different. The content of S.424 is to give permanent residents the same STATUS as US citizens so that they can sponsor their wives, parents, brothers, sisters and doggies...So an amendment is necessary. That's why I have written in the original post-

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  • return_to_india
    10-02 01:03 AM
    How about tourist visa? you can get multiple entry for 10 years, but I guess no of months you can stay in India is a question. I am applying for my son too, both of us hold Indian passport, what you guys suggest? go for OCI?


    I think, to be eligible for OCI, at least one parent should be US citizen.


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  • qplearn
    10-10 06:37 PM
    Remember, 245i cases were the NOT the same as the mexican illegal aliens that are being spoken of in relation to CIR .. lots of educated, legal H1-Bs lost their jobs (and their legal status) during the dot com burst of 2000 - 2002. Some of them stayed on even after going out of status, and then became eligible to file for GC under 245i.And needless to say, many more of those H1s came from India than mexico.

    These people are illegal nevertheless, and I am ashamed that they are from my country.

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  • engineer
    02-28 07:06 PM
    This is the article my wife wrote for her class assignment. thought to share..

    Spouses and Dependents of Legal US Immigrants Should Be Granted Work Visas
    America is known to be the land of immigrants. Immigrants have been a part of American history. There is a lot of debate going on these days on the issue of illegal immigration in various social and political circles. But we also have a fairly large number of legal entrants in America who are officially documented residents. Spouses and dependents of many of these legal U.S. residents are not granted work visas, inherently. Instead they are issued H4 or dependent visas. H4 visa type allows dependents to stay in United States as long as their spouses are legally employed in any organization within the U.S., but they cannot obtain jobs as per the current labor laws. This is a sheer waste of talent for many who migrate to the land of opportunities with a desire to live the American dream. Not granting work permits to the spouses of H1-B work visa holders, makes them feel financially dependent and estranged. Many of these immigrant spouses are highly-qualified professionals with marketable skills but cannot obtain a job, by law, despite being in U.S. legally. By all fairness, dependent spouses should be granted work authorization for the sake of their social, economic and emotional well-being.
    According to the U.S Department of state, �The Immigration and Nationality Act provide several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. Some of these categories include H1-B (person in a specialty occupation), H2-A (temporary or seasonal agricultural workers), L (intra-company transferees), F-1 (students with demonstrated intent to return to home country upon completion of undertaken program) and Q-1 (participants in an international cultural exchange program) visas. With the exception of "Q-1 Cultural Exchange Visitors," a person who has received a visa as the spouse or child of a temporary worker may not accept employment, in the United States� ("Temporary Workers"). Dependents of non immigrant visa holders on H-4, F-2(spouses of student visa holders), and TD (spouses of citizens of Canada and Mexico), visas are directly affected by this law. According to a survey by NADISA (Network of Advocates of Dependent Spouses of America), �Most of these dependent spouses are immigrant women who do not have a penny to their name except by the grace of their husbands. These are some highly educated, well-experienced, motivated young women who are ready to support themselves, but cannot, by law, get a job despite being in the U.S. legally� (Shah).
    The inability to work in the U.S. on H-4 visa status creates a handicap for career minded women. It puts them at a disadvantage of losing several years of professional work experience. Mehreen Arshad, a graduate in commerce from Bangalore, India and an MBA degree holder from a top U.S. business school is one of the victims of this highly unfair labor law. She is on H-4 visa status for the past 8 years. She says, �This never-ending wait for getting work authorization has ruined my entire career. We are in process of getting Green Card (permanent residency status and work permit) for the past 8 years. Despite having an MBA from a U.S business school, I have been denied jobs several times because of my H4 status. Employers tend to prefer Green Card holders over dependent visa holders. Many organizations clearly state in their job ads that only citizens or green card holders can apply. This truly is a waste of talented workforce and expresses social inequality and discrimination towards legal immigrants.�
    With the rising costs of living, education and healthcare in America, not allowing the spouses of immigrants to work is practically like incapacitating them. Every member of the family needs to contribute to sustain financial stability. In a family where one person works and the rest are dependent on one source of income, it sometimes gets hard to make both the ends meet. Dependents of immigrant workers should be granted work visas or they atleast should be allowed to do temporary or seasonal jobs so that they can contribute towards family income to improve the standard of living.
    Dependent spouses often get the feeling of being financially controlled by their husbands. Since they are not the providers or bread winners for the family, dependent spouses are often kept out of the decision making process. They cannot make important decisions in life like buying property, starting a family or business because of the financial instability.
    In addition to the social and economic setbacks, spouses on H-4 often get the feeling of being alienated. Without work authorization, spouses feel that they are trapped in households and domestic life. Without getting a chance to work and ever being exposed to the local community, it becomes difficult for spouses to understand American culture and fit in well.
    Apart from obtaining work permits, dependent spouses are also not issued social security numbers and in many states they cannot even get a driver�s license. Due to all these restrictions, a lot of women on dependent spouse visa status become victims of abuse and domestic violence. �Without the ability to earn money independently from their abuser, battered dependent spouses are not financially secure to protest the abuse, leave the marriage if necessary, or even buy a ticket to return to their home country. Batterers use their financial control to keep victims submissive and often prevent them from staying in status or converting to another status. Without work authorization and the ability to determine their own futures once legally in our borders, many become vulnerable to domestic violence. Once victims, battered dependent spouses find they have no more protections than undocumented immigrants� (Shah).
    �In 2002, President Bush signed into law a bill which allows dependent spouses of L (intra-company transferees) and E-3 (citizens of Australia) work visa holders to obtain work authorization. No legislative reason is given for not extending this basic right to H-4 visa holders� (Shah). The current law prohibiting spouses to work on H4 status does not make sense to many because L and E work visas are exactly the same in nature as H-1B work visa, so it is hard to understand why spouses of H1-B work visa holders are still being restrained from obtaining jobs in United States?
    Anti-immigrants argue that there is a need to protect the U.S. labor market, so dependents of legal immigrants should not be allowed to work. But in case there is a demonstrated shortage of labor in any particular field of work and an individual meets the eligibility criteria, why should he or she be denied a job on the basis of visa status? There is a demonstrated shortage of workforce in professions like Teaching and Nursing in America. �In May 2005, the National Commission on Nursing Workforce for Long-Term Care released Act Now for Your Tomorrow report which found that there are nearly 100,000 vacant nursing positions in long-term care facilities on any given day�( Rosseter). According to National Education Association, �Not only are America's schools experiencing a shortage of teachers, the growth of ethnic and minority student enrollment is creating a critical need for minority teachers to provide positive role models for the students�("Great Teachers"). With the established need of workforce in teaching and nursing areas, dependent spouses meeting the eligibility criteria can be effectively employed in these professions.
    There is also a demonstrated shortage of skilled workers in Engineering and I.T related fields. Few days back Bill Gates, the chairman of Microsoft Corporation commented that there�s an insufficient amount of skilled people in the U.S. labor pool. "Gates argued that, "If the demand is there, why have the regulation at all?" In a statement, Mr. Gates was quoted as saying, "Anybody who's got good computer science training, they are not out there unemployed. We're just not seeing an available labor pool." He further added, "The whole idea of the H1B visa thing is, don't let too many smart people into the country". (Murthy) One way to get around this shortage of skilled workers could be granting work permits to the highly skilled I.T professionals who are already in the U.S. as the spouses of H-1B visa holders.
    In view of the above arguments it is imperative that these highly skilled legal immigrant spouses should be granted the right to work for their socio-economic welfare. Work authorization will not only provide financial independence to these women but will also give them the right to determine their own future in case they are trapped in abusive relationships. Also, these immigrant spouses can be prove to be incredibly resourceful in areas of work where there is already shortage of labor. This would indeed be a multifaceted beneficial pursuit, as not only it would support needs of the dependent spouses in terms of their financial well-being but at the end of the day, it is the national interest and economy enjoying the boost from further skilled input.


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  • pd052009
    03-10 11:48 AM
    I would again suggest to go for paid Forum for everyone. Treat desi's like desi's.
    Free means one gets all kinds of public answers hindering IV's efforts.

    Dont mean to start the same conversation again, but Pappu - do give it a thought.


    I think the current model( Free access to all, except donor forum) is fine. If the whole IV site is paid one, many people like me would not give a thought to spend a min in this site. I came here as a guest, started reading the forum posts. Later realized some threads like 485-Filing and EB2-EB3 predictions require membership. Once I find the membership is free, I registered as a member. After couple of months, I realized what IV could do with my contributions and then I became a donor. So we need free access to bring new members to the forum and to show how they can help IV to help themselves.

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  • ItIsNotFunny
    10-03 01:53 PM
    Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)

    From: Michael Aytes
    Acting Director of Domestic Operations
    Date: December 27, 2005
    Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
    H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
    2000 (AC21) (Public Law 106-313)

    Question 7. Should service centers or district offices request proof of �ability to pay� from
    successor employers in I-140 portability cases, in other words, from the new
    company/employer to which someone has ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
    classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
    new employer and the job offer through an RFE to the adjustment applicant for relevant information
    about these issues. In an adjustment setting, public charge is also a relevant inquiry.

    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
    "same or similar" occupational classification as the job for which the original I-140 petition was filed.
    Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
    through an RFE to the adjustment applicant for relevant information about these issues. Third, as
    with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
    140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
    to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
    intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
    intent, but in appropriate cases additional evidence or investigation may be appropriate.

    Do you believe IOs understand any of these complex rules? Few days before someone posted that at the time of final GC interview IO even didn't know at all about July fiasco!


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  • anandrajesh
    10-14 11:27 AM
    Applied for AP on June 1 at NSC. NO LUD changes till about last week.

    I contacted USCIS and had an expedite request put in. Worked with USCIS ombudsman to figure out what was happening. Worked with my State Senator's office to put some heat on USCIS. After all the above efforts, finally got mine & My spouse's AP approved yesterday.(Oct 13). Total of 134 long days since i applied for my AP.

    NSC is notorious for being late and lackadaiscal. I advice ppl to step in and take your cases to Ombudsman & Senators. They tend to be lot more helpful than USCIS. Good luck

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  • for_gc
    06-23 04:10 PM
    And always send via USPS express mail. (1 day costed me $18) but I came to know instantly the next day that they received it.
    You could also use some cheaper USPS option. as long as it has some delivery confirmation.
    The reason I like express mail one day, is because u can request a copy of the receiver's signature via email (comes in a PDF). This is proof that USCIS really got it and u can then sleep nicely for the next 3 months.
    Ha Ha.

    Hi dilip,

    Where do we get the A# from ?


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  • kittu1991
    07-30 07:22 PM
    From now onwards visa dates will be stable. I mean little or big but most of time forward jump .. Not a big swing that we saw for couple of years.

    How can this be true with all the line jumpers EB3 to EB2, EB2 to EB1, EB1 to EBMillionaire.:p

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  • gg_ny
    03-17 02:48 PM
    I have listened to a couple of speaches by Bernake in NPR. Basically that guy is completely in the blank on how to handle the economy. He simply says, we are in this mess, because the lenders were very lenient. Fed measures such as interest rate cut and pumping money into the banking system is causing the dollar to fall thus further weakening the economy.

    Let alone threatening him on buying homes and cure the economic woes in a jiffy, with this kind of intelligent appraisal of the much-respected Fed chief, someone from IV should also volunteer to replace him as Fed Chief if he feels the heat. Still if he does not oblige, then we should stop filling gas (thereby worsening the crisis).

    I say, we all write to Bernake that some 10, 000 immigrants will buy homes if we all get a GC. 10, 000 may or may not buy a home, but let us just polish the numbers a little bit. 10,000 * 300,000 (average home price) = 1 million billion dollars . Actually the total figure is 3 billion $$; enough to give a massive jolt to the sagging economy. I think we should also write to Wall Street journal and all major news paper organizations about this.

    In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.


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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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  • thamizhan
    07-20 11:25 AM
    Is there any thing to do with I-140approved/pending with I-485/ead/ap processing?

    This is only to track people who sent their I-485 application documents to USICIS Nebraska Service Center and received by them on the same day.

    If you are on that category, please vote.

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  • gvenkat
    02-23 05:18 PM
    Pot calling the kettle black! (or should I say brown?)

    leave the joker alone.. he needs to take english lessons and also needs to brush up his comprehension skills... :p:p

    10-02 05:31 PM
    Did you try the same.

    No. This was the recommended workaround by a parents group that intended to file a PIL at one point. I will be able to try this next year though. I will send out the letter above too.

    01-14 03:12 PM

    With limited information, it was the best I could do :)

    What is your take on all these bills.. I am sure you have much more info. Do you see any hope of EB relief in 2009?
    There is growing pessimism in EB community.

    I ran these through my program but it is returning NULL.
    I guess each object needs to have a voting property or Lobby class attached to it. Without that you will only get Null values in return.

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