Saturday, June 11, 2011

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  • Goodintentions
    03-27 05:52 PM
    Kindly note that my suggestion to look for other opportunities is ONLY directed at youngsters in their early and mid 30s..not for people like you are me who are in this mess! i left UK and came here ...that was a GREAT and WISE decision!!!! ha ha ha !!! (Before leaving , I told my friends there ---> I am going for a great future...I am sure my friends are laughing at me now!!!) If I had stayed there I would have become a citizen of UK with the whole of EU open for employment and Visa free travel to the whole world..

    I do not want my younger brothers and sisters from India to suffer like me..I have NOTHING to gain in this process!

    We have to stay and fight UNITEDLY or go back to India...choice is yourrs and mine !!!!




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  • rambo45
    07-02 04:04 PM
    I understand, that the rude part maybe new, but so was the aide's reponse to call our local Congressman. Hence was getting a bit hopeful that the Congressman may have made up his mind in the affirmative for these bills.

    I guess we would just have to wait!




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  • checklaw
    05-17 08:30 PM
    Completed.




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  • sreenivaskk
    05-23 11:45 PM
    Thanks for your efforts.

    Donated $50 through paypal

    Transaction ID: 10C287900W561913Y



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  • prem_goel
    02-15 12:31 AM
    I have six other guys who are in US for over 7 years who are also intrested in this admin(hopefully) fix . Please let us know what we can do? They just signed up@ immigrationvoice.org.

    I am very interested as well. I find this highly ridiculous that people have to wait 6-7 years to get residency status in any country. It is high time that the laws of the land change.

    Please advise on what can be done.




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  • crystal
    06-20 11:08 AM
    as far as I know , you need transfer it again


    Gurus please advise,

    I have a H1b with Company A. It expires in Nov 08.
    A couple of months ago I joined company B and they transferred my H1B.
    Now if I want to go back to Company A, do I need to transfer my H1B again?

    Company A has not cancelled my H1 and I am in good terms with them.

    pl. advise



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  • zoooom
    06-25 05:18 PM
    Called....




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  • bluekayal
    03-17 10:54 AM
    SEC. 405. STUDENT VISAS.

    (a) In General- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--

    (1) in clause (i)--

    (A) by striking `he has no intention of abandoning, who is' and inserting the following: `except in the case of an alien described in clause (iv), the alien has no intention of abandoning, who is--

    `(I)';

    (B) by striking `consistent with section 214(l)' and inserting `(except for a graduate program described in clause (iv)) consistent with section 214(m)';

    (C) by striking the comma at the end and inserting the following: `; or

    `(II) engaged in temporary employment for optional practical training related to the alien's area of study, which practical training shall be authorized for a period or periods of up to 24 months;';

    (2) in clause (ii)--

    (A) by inserting `or (iv)' after `clause (i)'; and

    (B) by striking `, and' and inserting a semicolon;

    (3) in clause (iii), by adding `and' at the end; and

    (4) by adding at the end the following:

    `(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining an advanced degree.'.

    (b) Admission of Nonimmigrants- Section 214(b) (8 U.S.C. 1184(b)) is amended by striking `subparagraph (L) or (V)' and inserting `subparagraph (F)(iv), (L), or (V)'.

    (c) Requirements for F-4 Visa- Section 214(m) (8 U.S.C. 1184(m)) is amended--

    (1) by inserting before paragraph (1) the following:

    `(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School Students- '; and

    (2) by adding at the end the following:

    `(3) A visa issued to an alien under section 101(a)(15)(F)(iv) shall be valid--

    `(A) during the intended period of study in a graduate program described in such section;

    `(B) for an additional period, not to exceed 1 year after the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and

    `(C) for the additional period necessary for the adjudication of any application for labor certification, employment-based immigrant petition, and application under section 245(a)(2) to adjust such alien's status to that of an alien lawfully admitted for permanent residence, if such application for labor certification or employment-based immigrant petition has been filed not later than 1 year after the completion of the graduate program.'.

    (d) Off Campus Work Authorization for Foreign Students-

    (1) IN GENERAL- Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if--

    (A) the alien has enrolled full time at the educational institution and is maintaining good academic standing;

    (B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--

    (i) has spent at least 21 days recruiting United States citizens to fill the position; and

    (ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--

    (I) the actual wage level for the occupation at the place of employment; or

    (II) the prevailing wage level for the occupation in the area of employment; and

    (C) the alien will not be employed more than--

    (i) 20 hours per week during the academic term; or

    (ii) 40 hours per week during vacation periods and between academic terms.

    (2) DISQUALIFICATION- If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1).

    (e) Adjustment of Status- Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:

    `(a) Authorization-

    `(1) IN GENERAL- The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--

    `(A) the alien makes an application for such adjustment;

    `(B) the alien is eligible to receive an immigrant visa;

    `(C) the alien is admissible to the United States for permanent residence; and

    `(D) an immigrant visa is immediately available to the alien at the time the application is filed.

    `(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--

    `(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;

    `(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;

    `(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and

    `(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.

    `(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.

    (f) Use of Fees-

    (1) JOB TRAINING; SCHOLARSHIPS- Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting `and 80 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.

    (2) FRAUD PREVENTION AND DETECTION- Section 286(v)(1) (8 U.S.C.

    1356(v)(1)) is amended by inserting `and 20 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.



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  • ItIsNotFunny
    06-02 09:41 AM
    Good job. Best of luck to all of us.




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  • anilsal
    02-12 02:59 AM
    Based on last week's BusinessWeek article, I have a feeling that we will see an effort to restrict initial H1B applications in some way. That would be a good opportunity to push for allowing naturalization applications for people who have been on work visas for a long time (say 8-10 yrs?). Fighting for citizenship would have a stronger emotional dimension and may connect better with the American public. A direct filing for citizenship will work around retrogression by providing an avenue for people to move out of the GC queue.

    That would be nice. Citizenship for people who have been on visa and been in the country legally for a number of years. But I doubt it will happen anytime soon.



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  • needhelp!
    02-21 06:01 PM
    Yeah.. I have some high profile names on my list of letters too (Will not disclose here) :)


    This is a letter from my manager two levels above me:)

    My manager (who I report to) already signed one.

    Takes me to 198.




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  • bestofall
    07-02 10:24 AM
    I just called again asking support these bills..I was told he hasn't made any decission yet

    more calls can only make the difference !

    2 minutes call , alot of relief :)



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  • eb3_nepa
    07-05 11:20 AM
    Please don't get your hopes up my friend. It's coming back...anything on July 2nd is coming back!


    Oh trust me WE KNOW THAT. We're just testing the waters now with the USCIS agents :p




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  • paskal
    07-14 10:28 AM
    this is sheer speculation.
    the actual number is likley to be much much smaller based on the few signals we get from our sources. the visa bulletin is issued by DOS NOT USCIS. DOS as we know (remember July 07?) is trying it's best to get USCIS to use EVERY available GC for the year. that is the most important reason for giving them scuh an extended date for RB2 I/C. it appears that they have concluded that udsing the numbers is more important than FIFO.

    whether the overflow goes to EB3 ROW or to EB2 I/C, the fact is EB3 I is going to be the last receipient. i hopw everyone undrestands this. the change in interpretation bu USCIS has not changed the ground facts for EB3 I. ONLY one thing will change those facts- MORE GC NUMBERS, whther by recapture or exemptions or CIR.



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  • eb2_mumbai
    07-18 03:19 PM
    Sc3 and other friends. Here is what has triggered this bad blood on the forum

    Apr VB EB2 is U and EB3 is doing well every one is normal exactly like every other VB no surge of threads and replies everything is normal

    July VB Eb2 is in Apr 2004 and Eb3 is in U again every thing is normal

    Aug VB Now suddenly Eb2 is 2006 and Eb3 is U ( no change) and all of a sudden there is a flood of e-mails complaining injustice against EB3. I think the timing of when Eb3 folks realized injuistice is what ticked off many.

    I am not saying every one shares this feeling but just the sheer volumes of posting on this thread speaks for itself. I am sure many do not agree with me (or least pretent not to agree) Any one can query Eb3 injuistice posting before Aug VB and compare it since this bulletin was posted and see the data speaks for itself we do not need any body to prove anything




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  • Macaca
    09-21 06:27 PM
    I want to thank this european who got his greencard 2 weeks back but still attended the rally. There may be more heroes like this. I was in a group of people when we spoke to him, didnt catch his name as i was encouraging bypassers to honk their cars to support our cause.

    He is over 6 foot, in immigration voice t-shirt and blue jeans. He is swedish...Please share his name if anybody knows....
    I was the guy from Sweden. I agree with the Russian student.
    The reason I was there was because my green card process was a painful and stressful experience for 5 years. And I was still one of the lucky ones! I don't want to put anyone through the same agony, not even my worst enemy. I really feel for the people still stuck in the mess.

    I talked to a Polish guy who had been here 9 years fully legally and could not leave. He had not seen his family in 9 years and did not want to risk going back just in case they would not approve his H1B in his home country. They are very strict there it seems, because none of his family members or friends could not even get a tourist nor visit visa to see his graduation. Shocking!

    I was glad I showed up at the rally just to hear all the peoples' stories.
    Most people who did not show up probably think they are ok after applying the i485. They will join IV rallies, when they realize how wrong they are. People have applied for i485s years ago and still don't have a green card...
    You are in trouble until you get your green card in your hand.

    Sent $100 earlier and an extra $200 now.
    Google: 172399199441976

    If you have not contributed yet: This is money well spent. Changes has started to happen already, thanks to IV. Just renewing AP, EAD, H1B every year will cost a lot more than this.
    .
    There was another russian gentleman who got his green card 6 months back and is a student now. Yet, he had driven 3 hours from NJ just to cheer us. He mentioned that he understands how painful this process is and wanted to encourage us by attending.
    I met an Indian who got his green card in year2003. Still he attended to give moral support to IV. Hats off to all those guys who made it to the rally even after getting there GC's. Hopefully those people who are still stuck in the GC mess realize the importance to actively participate in the events organized by IV.



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  • saileshdude
    03-21 12:56 AM
    Great!

    With this info, your attorney can easily demonstrate that you were authorized to work for "Employer 2" at all times since last entry in the USA until date of filing for I-485.

    There is nothing to worry about, IMHO.

    Good Luck.

    Thats what people need to understand that if u are doing AOS from H1 then you have to make sure that 1) Either you continue to use H1 with the proper employer or 2) If you decide to use EAD that you update the I-9 form properly with respective employers. You cannot involve into unauthorized work like say your h1 expired with current employer and you did not update your I-9 form to use EAD and say 4 months down the road you put in the new I-9 form with EAD info. Those 4 months of work would be considered unauthorized and yes it will impact your I-485.




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  • desi3933
    03-21 07:17 PM
    I read it, not to redicule you but, look who is quoting murthy! :D :D

    Its convenient han!

    I do not want to go back and forth with you guys. I rest it and thanks for posting the link.

    There is a reason, I said read it and understand it. I don't think you have understood it.

    I was referring to the opinion letter by Efren Hernandez, Chief (at that time), Business and Trade Services Branch. How does it matter if it was response to a query by lawyer.

    Just because I don't agree with a lawyer on a particular issue, it does not mean that I have to disagree with all other issues as well. Do you think that attorney is correct all the time?

    The bottom line is that opinion letter is written by a USCIS officer and that I was referring it. And most important of all, you were proven wrong, again. That is the real reason of you being upset.

    Have a good day!


    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • a_tyagi26
    01-26 04:36 PM
    The problem is, that for all my efforts, people just don't seem to care. The only reason I had any success was the embarrassment I caused the government because of all the soldiers who were excluded. Immigrants in the US are viewed by most people as an unwanted scourge.

    My employer has also been no help at all. I have been looking for work outside of the US, but unfortunately, the economic situation makes that a bit more challenging. Sorry if I sound pessimistic. That is just my personal experience.

    I agree with you, immigrants (legal or illegal) will always be viewed inferior in this country and we will always be immigrants. I am not sure if I want this tag with me, my kids, their kids all their lives. Sometimes I wonder if this GC path is even worth it. Going through so much trouble every time there is renewal, there is stamping, stamping delays, so much scrutiny, no certainity of coming back once you visit home country, so much even after living here for 6 years and now this back log.

    If you read any news on immigrants and read comment section after it, you will realize the hate from people here in this country. Is it really worth it to live in this country, when people here do not want to accept us? No acceptance in community, such high crime. Yes sure there will be some exceptions along the way who will rise to top.

    Just to point out the difference the amount of celebration among blacks after Obama won. Was there such kind of celebration after Sonia won or Manmohan became PM from their communities? This shows the kind of differences people have. I am not saying things in India are great, or else I would not be here. Just wondering on my random thoughts if its even worth it.




    Jaime
    09-06 06:49 PM
    Picture your freedom!

    You are contributing a lot to your job, but are underapppreciated and underpaid. You have a business plan, venture capital and the ability to immediately start a business that will employ several Americans. You resign from your unfair employer. You go and start your business, and you start seeing it grow. Your spouse gets a new job, your children are about to go to college at a great school with in-state tuition. How is all this possible? Because you have a green card!

    Are you going to give all of that up? Are you going to continue to be a minion at your company just because you are at the mercy of the unfair H1-B visa? Will you continue to put up with a situation that blocks the bigger contributions that you can make to this great country that you have already assimilated to? Will you let your children age out and not be eligible to remain at your side?

    WE CAN MAKE A CHANGE, BUT ONLY IF WE UNITE AND GO TO THE RALLY! WE NEED 30,000, there's a million of us. WE CAN DO THIS GUYS!!!!!!!!! LET'S HELP EACH OTHER AND FIGHT FOR AND ACHIEVE OUR FREEDOM!!!!! THIS IS OUR BEST SHOT EVER! LET'S NOT WASTE IT!!!!!!!!!!!!




    kris04
    09-12 09:26 PM
    Hey guys

    Just received email from CRIS regarding I-485 denial notice for both me and my wife.

    I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.

    My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.

    My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.

    This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.

    sorry to hear about your new issue. Your case can be easily fought back, cheer up. My case was AC 21 and fortunately my I 485 was approved last month without any RFE, but before approval I spoke to NSC customer service and got hold off a very good guy , who happened to be very helpful, he mentioned that the letter requesting to port the employer or change of attorney need to be addressed to appropriate division, failure to do will cause all these problems, since it take time for the USCIS to route the letter to correct division and most likely getting lost. The only solution to address this kind of problem is to bring the much needed regulation to AC 21 , a formal application process where we can track the progress.

    Cheer up, good luck

    regards

    kris



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