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  • flthere
    08-12 02:13 PM
    I'd say that some small-medium companies either in India or the 50-50 US bodyshops will happily ask the prospective-H1b to pay up Rs. 1,00,000 towards Schumer's fees :D

    Anyways, most of these bodyshops in US collect H1b fees from the applicants in India, right ?

    Infy, TCS, Satyam etc., will hire more janitors to bring their H1b/L1 % in US :D Or even buyout janitorial services companies :)




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  • ilwaiting
    04-25 11:33 AM
    Guys,

    As long as the legal immigration is part of a illegal immigration reform bill. Its hard to push these "brilliant ideas" before congress or USCIS. Its very unfortunate that Congress doesn't distinguish between legal and illegal immigration.

    All are talking about "Comprehensive immigration reform"
    but just think, what is really happening in terms of "comprehensiveness" for Legal immigrants? recapture old visa numbers to clear backlogs thats it? Would the multi teir very complex legal immigration process getting any better? Why should a person wait for a PD to become current for 4+ years when DOL(labor Dept certified that there is a requirement for the job?).

    Why are we calling it "comprehensive" then? give some thought about it.

    Thanks




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  • Libra
    09-11 01:56 PM
    thank you leoindiano.




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  • eb3_nepa
    04-25 11:47 AM
    Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?

    Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".

    In my opinion, just pushing ur PD to the date u entered will not really help a lot. Coz say ur current PD is Feb 2002 EB3 but u had entered in 1998. DOL/UCSIS will say, ok lets do that, and the next day they will say, Now the Retrogression goes back to the year 1996. Is that not possible? Currently what we need is the immigrant to be in total control of his/her GC process. That way the GC can take even 10 years, so long as the applicant and dependants can avail of EADs and Travel permits which are longer than just 1 year increments. If we are thinking long term, then shudnt we be looking at this aspect? The GC itself represents nothing more than total freedom in ur career and it's choices. If we can achieve the same thing without the actual GC, isint that our goal?



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  • priti8888
    06-26 01:51 PM
    What is america losing?

    Lets take a typical example:

    My friend and his wife both have jobs here. They pay around $50K-60 income tax (approx) as a couple.

    They have 10 yrs of exp. (approx) or have masters degree. They have a decent bit of 401K. And about 30 years of career left. They also have capital investment in India which is growing at a good pace.

    Now if even one is forced to go back I am sure both of them will go back to India or wherever they are from. Makes sense?

    So what are they losing by going back to India? Some $$$$. Thats all? No debt. no hassle, just semi retirement early enough.

    Now think about 100 couples like this?

    Now think about 1000 couples like this?

    1000* 60 K = $60 million of taxes and social security lost. Who is going to pay the troops in Iraq? Or the USCIS dumbo? Will he have a job to do if we leave?
    And if we leave who is going to pay the medical bills of the baby boomer who needs medicare soon?

    Lets say, they replace us with younger workers. what will be their salary? 50K or 75K. lets say 80 K. Chances are they are single. If they are married. Will their wife work immediately. If no, they are collecting taxes from him at a married rate while his spouse has no income. If his wife is educated, how long will she want to live on H4? If she doesnt get H1 will they both go back or stay here endlessly? Chickens (americans).

    How much tax will they will pay? If they are on F1 EAD, even better, they dont even pay social security.

    Of course we lost $$$$ income, but we are not in so much deep shit as US would be if they lose 1000 couples, just 2000 people.

    Now lets say we go to India and undergo semi retirement. Fine, US companies maintain competitive advantage and they gain most. But if we decide to continue to excel, can not such 2000 start a formidably competitive business? Who wins? India or USA? Or will they start multiple businesses?

    Its about the numbers. If 1 or 2 dont get GC , it doesnt matter. But if thousands are impacted, most of them smart people, it will hurt someone here or many ones.

    What have we really asked for in return? Just a piece of plastic that will let us live and contribute like everyone else here.

    They have a problem with that too. Bloody morons.

    For how many years this game of making people fools will continue? Message spreads fast. I am already telling my junior relative what to expect in America.


    I totally agree with you, but think about this.

    For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.

    My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.




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  • satishku_2000
    07-05 05:09 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.


    If you are not aware of campaign finance laws , get in touch with them and make em aware of the mistake you made and you should get your check back if you are not a citizen or PR.



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  • la6470
    03-07 12:44 PM
    Everyone feel like giving up but none of us give up :)

    I think all of us gave up - i.e gave up on our home country when we decided to settle here- there is nothing more to give up .. we are all just waiting passively for whatever destiny (USCIS and the economoy) has to hand it to us........... there is nothing to give up because nothing was yours from the beginning and nothing you will take with you when it is time to go.




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  • ashutrip
    06-17 02:02 PM
    not sure why is this question imp , but it's nov 2006 .....
    nov 2006 still pending!!!
    Man, mine is march 2007.....guess I will miss the bus......cuz as per my lawyer dates will retrogress in october big time



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  • indio0617
    03-09 11:09 AM
    Talking about Employer hiring illegal aliens, reasonable steps for employment verification, I-9 etc..




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  • sonyyy
    06-25 10:40 AM
    I agree.
    Uncertainty hurts but eventually, almost everybody will get what they want in this case.
    Plus, think about it this way, without this current, you won't be able to file your 485 anyway till next year.

    Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..



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  • bidhanc
    03-11 10:51 AM
    I guess it's not a VERY GOOD IDEA THEN.
    In all the docs that I went thru I could not see a difference between
    "I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).

    I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
    (What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
    Anyone see otherwise?

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
    as per this document, you can port to yourself. (Question #8)

    But below are the reasons why I am backing off of opening an LLC on spouse name and porting to that.

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=8231099851

    also google 'UntanglingSkein_BIB_15jan07.pdf"
    http://www.morganlewis.com/pubs/UntanglingSkein_BIB_15jan07.pdf

    "This suggests, fairly clearly, that any communication to the USCIS per the Cronin Memo that the adjustment applicant intends to become self-employed is likely to trigger an RFE to inquire into the legitimacy of this arrangement. Legitimacy in this context is likely to be gauged by the concrete steps the beneficiary has taken in furtherance of the self-employment arrangement, understanding that only full-time and permanent employment will suffice for immigration purposes. Such steps would include the completion of legal and corporate formalities, the securing of financing, the purchase or lease of business premises and equipment,the development of a detailed business plan, the hiring of employees, and any other measures typically taken in the establishment of a business. Vague aspirational statements, however ambitious, about future plans to develop a business are unlikely, in the absence of tangible proof, to be accepted as probative of the requisite legitimacy of the self-employer and job offer."

    Also, one relevant footnote in the document -

    "At the AILA National Conference in 2003, a USCIS officer indicated that an attempt to invoke �106(c) in a selfemployment context is likely to raise �a big red flag� for an adjudicator, and that self-employment may be viewed as �an easy alternative� for aliens who are unable to find employment to sustain their adjustment-of-status applications. Schorr & Yale-Loehr, supra note 2, at 499. It should also be noted that the Memos view the possibility of an adjustment applicant becoming a public charge (and thus being inadmissible under INA �212(a)(4)) as being �a relevant inquiry� and that an RFE requesting information about a self-employment arrangement is likely to probe whether or not the applicant has sufficient financial resources to avoid becoming such a public charge."




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  • kaisersose
    07-20 01:36 PM
    The important thing is, not all BEC cases are alive today. Most people moved on to PERM. On the flip side, some newbies took advantage of substituted Labor, but I am guessing the count is not very high.

    So if we have 150K BEC + 144K PERM, then in reality, the total 485 primary applicants will be < (150K + 144K).

    More like 200K, I would think. Including spouses and foreign born kids, the number would be 400K (as not all primaries are married).

    Add some more applicants from eb1, etc., who do not require Labors and the number should not exceed half a million in total including dependants. But again, we are speculating. In reality, the total may be less than half a million or more.

    Assuming DOS and USCIS are efficient and use up all 140K visas each year, all of us should have GCs in < 4 years. The per country quota may cause some trouble, which may require adjusting the timeframe a little bit, but not much.



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  • phigi
    08-12 01:02 PM
    Is it legal to pass the fee hike to the employee? or is it like the Fraud Prevention fee which is illegal to be passed on to the employee..?
    this will change the equation until companies assimilate this in and find the work around! well, it definitely eats into their 'profit' i guess!




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  • test101
    07-06 11:32 AM
    All,

    Pls mention Zoe Lofgren's letter to DHS and DOS and also NY time article while talking/ meeting your lawmakers. Guys,pls dot it and it is worth giving it a try. We will not loose more than what we have lost by this fiasco.

    Hi :)

    Would not be a better idea if we came up of list of sentors/congressmen that we need to call for the day. This way each center office get a certain amount of call volume on the same issue. This might make a difference.

    let me know. We just need agroup of volunteer this will organize and target our effeort.

    thanks



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  • sracharla
    09-04 02:25 PM
    Thank you...what is the source of your information?

    Presenting your EAD to DMV for verification does not invalidate your H1B status. Only when you present it to your employer and if he fills out form I-9 and if USCIS requests verification of employment then you will need to worry about that.




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  • texcan
    09-10 10:22 PM
    Contributers,

    Thanks for your contributions. We need more people like you.

    lets push contribution drive to other threads.

    To me its simple, anyone who cant come to rally can
    dig a little deeper in pockets for contributions.

    Great work IV. Keep doing the good work.



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  • diptam
    07-06 10:20 AM
    Nixstor,
    AILA's publication itself said that checks were not done... Its evident on also. If you refrain from spicing up things its never going to come up in media. Who cares if 500 mm immigrants are backlogged ?

    You are saying that authorities will take retaliatory measures for saying something that really bad happened. Then dont even talk about lawsuit etc... Do you think a lawsuit aginst USCIS/DOS is going to please them very much ???

    Take either Boat1 or Boat2 -- Please do not sail keeping your foot in two boats. I apologize if i sound aggressive but it is what it is. Doing a work
    in weekend of 48 hours (consuming 25000 visas) which takes even more
    than 48 days definitely involves bypassing CRITICAL checks !!

    Truth is a truth - neither you or me or anyone can alter it.

    Thanks!

    What the hell on earth is this? Do you know for sure they have ignored it? Do not add masala to the existing crap. Do you understand the consequences of these kind of spiced up stuff? We all would be sulking in the security check for ever, if DHS gets pissed off or gets a congressional hearing and the authorities get lambasted over this. You are seeing how doctors are being implicated in UK and all over. Security is the most important thing right now on this planet and western world is agog over security. I dont know from where Greg Siskind and Jay Solomon got the tip off. They tipped each of their hats off and put the story in our brains to run the show. Security is not a Joke. Do not make it a bigger issue unless you dont know whether it really has happened. The consequences can be pretty dangerous to the extent of revoking all the issued GC's in the past 20 days, if congress gets high on this. I dont know what lawyers want, but my understanding is none of us want to have negative consequences of this issue.

    No matter who screwed up, we should be conveying the following message after we say that USCIS/DOS goofed up.

    "The root cause of the situation is the inability of
    a) DOS/USCIS to recapture the visa numbers from previous years
    b) to carry forward the unused numbers for atleast one year

    If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"


    Its our choice to make USCIS/DOS our enemies or we get compassionate to the situation considering how arcane the current laws are. We agree or not, we have to work with them going forward. Just that they are down and we are on a bashing spree right now doesnt mean that it will be situation for ever.




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  • little_willy
    09-11 04:56 PM
    Thats the only thing hadn't happened so far......and now we have it...People are blaming IV now...I hope this is not true.

    http://www..com/discussion-forums/i485-1/124475663/last-page/
    Ignore these kind of posts. If you check his profile, he just joined yesterday and this is his only post. Many ppl who were banned from IV paint this false image of the core, but we all know better than that. Ignore and move on.




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  • susie
    07-15 11:18 AM
    Hi

    Here is one draft, not sure if it is the final draft and still checking, but this gives you and idea of our thoughts




    Dear Rep./Sen./Readers

    Expat�s Voice: Representing the Expat Community

    We at Expat�s Voice ask for your support in achieving genuinely comprehensive and fair immigration reform.

    Our organization represents thousands of members who have legally immigrated to the United States, including immigrant and nonimmigrant visa holders, and those that are awaiting immigration. The diversity of our membership means we truly understand first hand the problems with the current immigration system.

    We commend the work of the Government in attempting to bring in much needed reform. However, the rights of many, specifically of children and of legal immigrants are being overlooked, and we want to bring the pertinent issues to your attention.

    First, we ask for a much needed compassionate visa. Many of our members, due to immigration related reasons cannot leave the country without repercussions for their visa status. They have elderly Parents and other relatives in seriously ill condition. Similarly, our own families have not been allowed to enter the USA on a compassionate basis. My own husband passed away last year, but my son was refused a temporary visa to pay his last respects because of problems with �immigrant intent.� The US Embassy showed no compassion or common sense. Yet due to the unfairness of the system, many families have to suffer this type of humiliation on a regular basis as a result of the system, largely because of reasons of mere technicalities. This has to change.

    Second, we support all measures that protect children. They are innocent in the whole immigration process whether brought to this country legally or illegally. The US Government has failed repeatedly to bring the Dream Act to fruition. We ask that ALL children, whether having entered the USA illegally or under legal nonimmigrant status, who can bring so much benefit to this country�s future be recognized and protected as soon as possible. There is ambiguity as to whether the Dream Act protects all children the meet the criteria or only illegal children; if it is the latter it needs to expanded to cover legal migrant children, whose Parents have respected and abided with US immigration laws. In addition, the legislation would not prevent certain nonimmigrant dependent (such as E dependents) from aging out at 21 unless they meet certain criteria. Therefore, we also ask for an amendment to the Child Protection Status Act of 2002 (CSPA), if not in the Dream Bill, to prevent these families from being separated when the child reaches 21.

    Third, many children �age out� due to the long waiting periods involved with family-based petitions. The Child Protection Status Act of 2002 (CSPA) was intended to address many of these issues, but the legislation has simply failed in this aim. Many of our members are now stuck in their country of residence, despite their Parents and younger siblings having already immigrated to the USA. The CSPA was designed to ensure children who aged out were awarded earlier priority dates associated with their previous petition to prevent being forced to the back of the line with a new petition and new priority date (and, when taking into account the waits associated with both the original petition and the subsequent petition after aging out, this can cause waits in excess of 30 years). However, the failure of the USCIS to apply this law correctly, because of an ambiguity in the way section 3 (INS, section 203(h)) is drafted, and the fact no visa advisory opinion nor any rules have been issued after four and half years since the CSPA was enacted, means many families remain separated.

    Fourth, many of our members are E2 and L1 visa holders. They contribute millions of dollars to the US economy and provide employment to many American citizens. However, despite being in this country legally and providing many benefits, they are treated like second class members in the USA. Our E2 members have to return to their country every two years to renew their visa, with no guarantee of visa renewal putting their investment and the American employees at serious risk. This is compounded with severe delays in visa processing times, particularly in London. Despite providing these benefits, often for more than a decade, it is very disappointing that our members do not have a direct path to citizenship. What is even more surprising is that despite having abided by and respected US laws, it is the illegal immigrants who stand to directly benefit from the Strive Bill with a direct path to permanent residency and citizenship.

    Our members, many of who are British citizens, feel cheated by the US Government. Much is spoken of our �special relationship,� but in practice it seems the rights of illegal immigrants take priority. Further, many have suffered from poor treatment by immigration and enforcement officials, but we remain patient and respectful. As an organization we are neither for nor against the rights of illegal immigrants. We simply ask that our commitment and duty to this country be recognized with at least equal reward and that you support Rep. Heather Wilson�s proposed E2 Nonimmigrant Investor Adjustment Act of 2007. We do, however, believe the 3,000 proposed figure will create a backlog of investor immigrants and so urge you to remove the proposed cap, or support a larger number and/or also introduce an annual increase to meet market demand.

    In sum we ask you for fair reforms: to recognize the principle of family reunification through amendments to the CSPA; to reward those who abide by and respect US laws to at least the same level as those that don�t; to treat the children with compassion and open arms by giving them an opportunity to remain in and benefit this great country; and to show compassion and prevent humiliation to many thousands of families, by allowing family members to be with their loved one on a temporary basis in their time of need and often in their last moments, both in the USA and outside the USA.

    For more information please also visit us at www.expatsvoice.org. We have also included an appendix discussing the issues more fully with draft amendments and explanations to provide solutions to the above issues.

    Sincerely,



    Mrs. S Ward
    For and on behalf of
    Expats Voice
    www.expatsvoice.org




    SkilledWorker4GC
    07-15 12:14 PM
    ^^^^^




    ngopikrishnan
    12-08 11:03 PM
    Just thought it will be an useful info.

    Recently renewed NJ DL with EAD and expired I-94 (Paroled). Following documents were produced at Kilmer Rd DMV:

    1) Current unexpired NJ DL
    2) Passport with expired I-94 (Paroled)
    3) EAD
    4) SSN card
    5) Address Proof (utility bill)

    DL renewed until EAD expiry date PLUS 3 months.



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