Saturday, June 11, 2011

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  • kate123
    02-12 04:27 PM
    We have to come up with a request letter addressing to DHS secretary and I am pretty sure It can be done as part of admin fix.
    It will bring lot of relief for most of the people whose PD's are after May/June 2007..
    I know that its already on IV agenda, but looking at the complexity involved for H1 extensions/transfers/layoffs (especially these days) we cannot wait any longer. I would suggest keeping this particular request separate and especially people who have PD's after May/June 2007 should participate actively.

    we can come up with a draft letter addressing to DHS secretary and list out clearly how this would bring a great relief for us.
    PAPPU/MIRAGE/VDLRAO other senior member please provide your suggestions. Please help us join in the main stream (wait after applying for AOS :)

    Thanks a lot.
    Kiran


    This is different from what was done in July 2007. Back then all PD was current. This is to grant the ability to file AOS even when the PD is NOT current




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  • pointlesswait
    02-25 12:47 PM
    I had emailed CIS Ombudsman's requesting temporary relief in such uncertain times...by allowing ppl to file for AOS..even if their PD is not current.

    They replied to me ..but i think a more co-ordinated and deluge of such requests will make them take this issue seriously.



    I think desi3933 is right -- that one cannot file AOS without PD being current. However, this does not mean we should give up pursuing our goal. The secretary of DHS specially made it clear that she is willing to push for changes both regulatory AND legislative. But before putting in any effort, she will need to know what changes to push for. She even specifically mentioned the issue with pre-application of AOS, which seems to me a real good chance to get the message delivered.

    Just for starters, here are the benefits I can think of about pre-filing of AOS:

    - By having all applications on file, let USCIS better predict case load and allow DOS Visa Office to make informed decision on Cutoff Date movements
    - Create more revenue for USICS (DHS) via AP and EAD applications
    - Reduce the work load of Overseas Consulates when applicants with AP does not have to apply re-entry H1B visa.
    - Many H1B visa holders have to go through the administrative procedure when applying re-entry visa. This process is more or less a duplicate with the background check required for green card application. When the applicant is allowed to travel with AP, the effort of background check is consolidated and allow resources to be better utilized.
    - EAD allows applicants more freedom to change job, this will results in better resource distribution to accommodate the rapid changes of the economy, and it makes the market the most important factor to determine wages.

    Please add whatever you feel missing to the points and maybe we'll come up with a formal letter to communicate to the secretary.


    Last, to address the concern that USCIS may be flooded by AOS applications from freshly off-the-boat H1B's, restrictions need to be put on the qualification of AOS. What I could think of is:
    - Must have approved I-140 (immigration visa. I think this restriction makes the most sense)
    - Must have priority date older than a certain number of years
    - Must have been in the US legally for five years
    - etc.




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  • pappu
    05-25 01:04 PM
    Paypal Transaction ID: 3XD21983XR083501J

    Also forwarded this thread link to all friends stuck in Immigration limbo!

    Thank you




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  • jonty_11
    02-12 03:50 PM
    Well they are also shouting about Nurse shortage just like Corporate America is shouting about shortage of H1Bs.

    Actually there is also a severe shortage of Doctors in US. However
    unlike "American Academy of Nursing" where medical industry
    has strong influence. AMA is for doctors but they lobby for doctors and not
    the medical industry and time and again they have acted to:

    1) reduced the medical procedures that nurses can do for their own selfish interests

    2) deliberatly crafted the residecy rules to make it very hard for foreign doctors to get licensed in US.

    3) AMA has a kind of alliance with another very powerful lobby
    (pharma Lobby)
    AMA (doctors) in turn says that imported drugs from canada are unsafe.
    In turn pharma lobby backs the AMA lobby interests.

    So what can IV work realistically:

    Work against any increase of H1B or try to reduce it.
    Work against EB visa grap by Schedule A

    They only IV will be heard. Unless you set their houses(vested interests)
    on fire then only you will be heard.

    Look at History. Till we started the non cooperation movement, British Govt did not care for India's
    independence. In World War 1 they gave a false promise of independence if Indian National Congress (INC)
    cooperated. Eventually with the non cooperation movement, the idea of keeping India as a colony became
    fiancially unviable. Also britian was broke due to the 2 world wars.
    Yes, I agree...we need some sort of intelligent Non -Cooperation Movement...
    But I am afraid when we cannot stand united on this group- with only 200-400 or so of the 9000 contributing, I am not even sure what kind of Non Cooperation will work here.
    We need to get United,,, that is the need of the hour..



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  • flresident
    06-11 08:22 AM
    Even though I am an EB2 filer and very happy to see the Eb2 movement, I feel sorry for EB3 guys. Hopefully Eb3 will start moving faster soon. This is good news but we should focus on our current priorities and help IV core members to accomplish our main goal. Yesterday only I contributed to IV and I hope rest of the members do the same.

    Good luck to all who are current.

    Eb2, PD: June 2006




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  • Totoro
    05-13 05:10 PM
    I just got off the phone with some lawyers on this. It looks like a strong case so far. They will be discussing it with their director and possibly getting some other law firms or organizations involved. That is all I can say for now. I will update you when I know more.



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  • GC_1200
    09-13 11:22 PM
    and few people asked me ' are you crazy? why you are doing all this for GC?'


    Who said that, GC is minimum in this country to live a normal life, with out it so many constraits as mentioned in our forum many times.

    Few people are always with negitive attitude and lazy, do not even listen to them.

    Many families will get benifit from this effort.




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  • GCcomesoon
    10-10 11:59 AM
    Hi

    My experience with RK's office has been good so far.They are prompt in replying any urgent calls & emails. The parallegals & the attorneys are both very knowledgable & cooperative.

    Thanks
    GCcomesoon



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  • GCBy3000
    11-08 10:39 AM
    SInce democrats gained the contorl on house, they will wait till the next congress starts to pass releif to immigration issue. THis way, they can take the credit for it and campaign it for their next election. Republicans are stuck now. They neither want to pass it nor want it to supress. They dont want the democrats to gain the credit whatsoever. If republicans cannot pass it this year they will do everything to stop it in next congress session if they have majority in senate. It is vey comlicated and sensitive issue and we have to wait to see how the business people push the lawmakers. None other then business tycoons can make some impact with this kind of power split in senate / congress with a lame duck president for next two years.

    I heard Nancy say she would get started with some legislation that both parties and president agrees and she mentioned CIR. I think, if the republicans are smart they will quickly pass a version of it that they still can control - during the lame duck session when the old house returns for a few days.

    But the biggest new problem will be suedo retrogression due to bottlenecks at Service centers! so near yet so far!




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  • belmontboy
    05-29 04:19 PM
    I'll take that Air France ordeal anyday w/o compensation over an Air India first class ticket.

    i'll take this as a joke.

    comments like these only shows our attitude of "i like to get my a$$ kicked. Please feel free to take a dig"

    on a serious note, you know that you have other choices right????



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  • piyushpan
    03-22 11:42 PM
    Hi stucklabor,
    That was a good analysis.
    So to summarize what you are saying is the following(as per Frist's bill)

    1 People who have advanced degrees and are presently working can apply for adjustment of status(I-485) even if they don;t have a labor or a pending I-140 but they will be subject to quota to get the final approval.

    2Secondly for people who are presently studying and doing their MS they can directly apply for I-485 if they have a US job offer within one year after graduation but they will be subject to quota as well

    3Thirdly there is the category which has MS/Phd and 3 yrs of related exp.
    For this category they can directly apply for I-485 and no quota issues either.

    My question is for all these 3 categories can you really directly apply for I-140 and I485 concurrently or do you have to have a certified labor certification or pending I-140 at the time of enact ment of the bill.
    I am asking because i have an approved perm labor and I-140 and waiting to file for I-485..but my company is not doing well so i may have to restart the process all over again in the new company i join.But if i have to file only I-140 and I-485 to get the GC in new company and if this bill becomes law then that would be amazing as i don;t have to go through the labor cert process anymore..

    Can you confirm what i'm interpreting is correct?






    Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.

    Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.

    An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.

    Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.




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  • NWISE
    05-19 04:37 PM
    Keep up the good work! Hats off to you guys!!!
    Certainly deserve more but here's a first time ever contribution of $100 to you.
    Transaction ID: 6FV474682S6201626



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  • godspeed
    06-10 03:32 PM
    EB2 China - No Change

    EB2 India - October 1st 2005

    Good luck to all those who are current!!

    Thanks, hope the dates move as our experts have analyzed




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  • alias
    11-10 04:50 PM
    Are we/employees really supposed to know all the steps involved in the approval of GC process (Perm, 140/EAD/485 etc.)?

    I work for one of the fortune 100 companies, to my surprise, none of my European colleagues is aware of all the GC process. All they do is just provide documents what ever the HR department asks for. They don’t pay from their pocket for GC (ideally correct). None of them has clue about priority date etc….they get communicated by the HR department about their GC process.

    So putting your case in perspective. I am assuming that the HR department would just hand over the GC to the employee. Neither the HR (I think) nor the employee (definitely) would worry about the PD being current.

    Ideally if a law firm is point of contact for a petition, what would they do? Would they go back to USCIS and tell them that the GC is approved by mistake? I don’t think so but some one can confirm if they had experience otherwise.

    I agree we are not suppose to know the details and that's exactly why we have attorneys. HR follows intructions from their attorneys on immigration matters. I work for one of the BIG three in Detroit. I had no clue about PD related laws and stuff; it's my attorney who pointed it out to my HR and my HR came to me and said you need to talk to so and so (attorney), you have a special case....



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  • PAL
    08-07 05:24 PM
    To Simple1

    What I meant to say, you�ll succeed if you have the capability (with your professional knowledge, experience and skills) in your professional filed but definitely not with USCIS.

    I can say, USCIS is a great leveler in this aspect. Everybody from PhD to Programmer is same in front of USCIS. All have to wait 10+ yrs with mental tension and anxiety, no matter what your caliber is and how successful you are in your profession.
    Don�t get me wrong here. I also had to suffer for visa stamping, renewals, I-94 issues, PA etc in US Visa processing (nothing sever though). At the 5th yr of H1-B, I just decided.. to hell with that.....
    I don't know about you guys, but, I would be heart patient with that kind of anxiety in another 5 yrs of GC process �. Really need a lion's heart to pursue US GC now days




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  • Macaca
    06-22 10:08 AM
    To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field.

    Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies.

    But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs.

    Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.

    Please blog the above at One Easy Fix For Immigration (http://www.businessweek.com/bwdaily/dnflash/content/jun2007/db20070620_915353.htm).

    To all, please blog clear + strong argumennts (like above) at the above site and all similar sites.

    If someone scratches your face, you scratch his face - Nancy Pelosi, Madam Speaker



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  • gonecrazyonh4
    04-06 12:11 PM
    I would like to share my story with other H4 hopefuls and immigration voice.
    I came to this country 2 years back. I am well qualified and had an excellent job in Bangalore with more than 4 years of experience in HR. After coming here I have not been able to get an employer to sponsor H1B Visa mainly because my skills sets are not in high demand occupation like Computers/technology but in Human Resource Management. I passed the professional certifications in HR in USA within 6 months of landing here and did get a number of job offers but was unable to take them up because I do not have an EAD.

    In fact even my old company in Bangalore where I worked offered me a position here in their office and job offer is still on -provided I have a employment authorization. They are not keen to sposor H1b visa as they consider it too much of a hassle for a non tech employee.Also with the visa cap there are many hurdles to get through to get the H1B visa. Meanwhile our LC is in the backlog center and we are unable to move forward. My husband has received MBA admissions in some top schools in USA. But he had to give it up because of the GC process which seems to have now come to a stand still. When people who has come here illegally (if the bill passes) can now work legally - we who has come here legally and has followed all the rules are not given a chance to contribute to the economy and better our quality of life.

    we are not going to go back -our GC is in process - so why shouldnt we be given a change to work while we wait for years for the process to be through. I feel that I have already lost my most productive years where I could have steered my career to H4 Visa rules.

    I request Immigration voice to work on the issue of H4 work authorization.




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  • kdasbiswas
    07-23 04:50 PM
    Vaman is great - extremely professional and knowledgeable. He responds to emails personally and very promptly. My company has been dealing with him since 2003 and we have had a great experience so far.

    Hi - Does anyone work with Vaman Kidambi, bridgeport, CT. Please let me know the feedback on this lawyer.




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  • logiclife
    09-19 04:52 PM
    To everyone who thinks rallies dont make a difference, as illustrated here by a skeptic : http://immigrationvoice.org/forum/showthread.php?t=13583

    This is not an attack post. Or a criticizing post. This is purely educational and please keep this thread clean.

    I know there are many out there who are snickering in their cubicles looking at the pictures of the rally and thinking "Look at these idiots, they think Congress will pass SKIL bill because they walked 1.2 miles with some placards and banners".

    Such thinking is reasonable. But only if you dont know how things work.

    Here is why rally of Sept 18th will be consequential:

    1. When you do a rally, people notice. People recognize organization and measure its strength. It stays in their heads for a long time and they keep Immigration Voice as one of the organizations they can ask for support when they push for their own cause. In Congress, things work based on compromise, consensus and consultation. People dont just sponsor legislations they believe in. They run it thru their caucus and leadership and do a vote count. To find out how many votes would they get if they came up with this new idea. Whether it will get 218 votes in House. Whether they will get 51 votes in senate. If its filibuster proof and get 61 votes in Senate. Whether it has committee support. Whether leadership offices are in agreement to put it in schedule. All this happens in background and there are people who are hired in committees just to do vote counts on proposed ideas. IF it turns out they dont find enough support, they drop it. If they think they can pull it off, they approach leadership (Speaker in House, Maj leader in Senate) to put it in queue.

    2. Let us say that Congressman X wants to sponser DREAM Act because of his constituency or a senator (like Feinstein) wants to sponsor AgJobs because food growers are having food rotten in absence of agricultural workers, a compelling cause. Now, when they want to pass legislation, they have to look for support and votes as described in item 1. When they fall short, they find ways to sweeten the pot. IF they see that a powerful organization will throw in their support and lobbying in favor of their bill if they attach a few of that organization's provisions, then they approach them. Immigration Voice did 138 lawmakers meetings (in House and Senate). They did the rally. They would consider IV as a organization that can help them PUSH for their legislation. Now we have a place at the negotiating table. If they attach our provisions (like recapture, or GC quota increase), then we can promise to do something for them. Like support the entire bill they are pushing for. They know that we can do rallies and we can do hundreds of lawmaker meetings. If Diane Feinstein (just an example) thinks that by adding skilled employment based reform provisions she can get IV's support and swing a few votes to help her pass her favorite AgJobs bill, then we have opportunity where the Senator would ask us what we want rather than us going and asking them to do things for us. One of IV members said that on the day of the rally, suddenly the office of her senator called her and scheduled and appointment to meet the same day at 4:00 PM. She had been trying to get the appointment but after they rally and Roll call newspaper ad (http://immigrationvoice.org/media/forums/iv/rollcal3a.pdf), they called her to listen to her. I heard about this from her just as the rally was over.

    3. CIR has recently failed. From some meetings, I got the feeling that CIR's failure has left a bad taste in mouth and many people in Congress as well as administration are very upset about it still. Now that we have done this rally, done lawmaker meetings, put a rollcall ad, did the media blitz, press conference, congressional reception (where 4 congressmen attended and spoke in IV's support), they know that it would be a good idea to keep IV on their side and put some of their things in a bill. Next time they write a bill (behind closed doors very often), they will consult us and ask us if they can do something for IV to win IV's full support. That's because by getting IV's support on their side for whatever they are doing, they can be assured that we wont oppose it but instead support it. With phone calls, Rallies, paid ads, lawmaker meetings etc. If they are really investing in getting a bill passed, they would include our provisions just to increase the odds.

    Strength respects strength. If we have the strength to do things and make a difference (rallies, meetings, receptions, press conferences, paid ads), then that strength begets more strenght because other powers want us to join hands with them so that they can do their favorite things (AgJobs, DREAM etc).




    dixie
    07-03 06:26 AM
    This letter has no mention of the problems regarding permanent residency, it only refers to the H1-B quota issues, we should contact the Congressman Shadegg to clarify that its not just about the H1-B, the problem also lies in the immigration process of skilled workers. If this is not part of his bill then we should urge(request) him to include this.

    PK


    Well thats our fate .. we are always forced to piggyback on a larger issue. With CIR it was illegal immigration, now it is H1-B. But you got to understand that if not for corporate lobbying (who have a heavier stake in H1-Bs) this bill would not have seen the light of day, that too in the house. We got to be thankful we are at least not being treated on par with the illegal aliens .. the broad theme of this bill is highly related to skilled immigration, which is much less controversial than granting citizenship to illegals; not withstanding the tancredos and numbersUSAs who will still be yelling doomsday from the rooftops. Granted we are flying under the radar as usual, but I very much doubt this will be an H1-B only bill without any EB relief.




    sanju
    09-12 01:00 AM
    Still trying to search for online videos for the interview so see the answer of Sen. Obama for the question about EB green cards.



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