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  • mack
    02-28 10:51 PM
    Here is the first cut at story on 'Issues with GC + Retrogression 101' for media & public. Here goes:

    Why there is no green light on green cards?
    - By Vijay Reddiar


    There have been lots of discussion and spotlights on H1-B issues in the past. One of the least heard, but the most pressing issue that continues to plague day-to-day lives of thousands of high-skilled legal immigrant workers in the US is Retrogression causing deep anxiety, frustration and considerable delay in processing and approving of permanent residency, also called Green Card.

    For employment-based green cards, every country has a fixed number of immigrant visas or quota on a per-year basis. When I-485 adjudication or adjustment of status from non-immigrant to immigrant status (example H1-B to Permanent Resident) successfully concludes, it leads to approval of green card. This approval requires a visa number to be available. But, if the visa quota for a country has been used up, visa numbers become unavailable for that country. This unavailability of visa number is the effect of retrogression, wherein, the US Department of State, based on the current demand for the visas decides allocation of how many visa numbers can be released to meet the demand and be in conformance with the pre-set quota.

    Employers file for green cards for skilled professionals to obtain a legal immigrant status for future employment. Skilled professionals who have green card processing pending typically wait for their green cards to be approved for an average period of 5 years. During this period, they have very limited, if any, freedom to exercise choice with changing jobs, or getting a raise or promotions, being with the same job, title, position and employer with no way out until it gets approved. The only way out would be to risk losing your green card or having to start all over again. Family members of such skilled professionals share the pain as well. Spouses who would like to obtain jobs and attain financial freedom do not have the legal rights to work until they at the least have an employment authorization. Children of such professionals who apply for college cannot benefit from federal government loans, but instead need their parents to seek private loans. Becoming a legal immigrant has become an increasingly challenging and frustrating experience as has been noted by the experiences of each individual of this community. Unless a legislative reform is made, green cards are not only going to be tough, but also seemingly impossible to materialize.

    Immigration Voice, a non-profit organization in the US, founded in Nov 2005 has begun grassroots level effort to alleviate the untold sufferings of high skilled professionals and has been working actively through volunteer members of the organization, that has grown to 9,000+ members in just more than a year. Immigration Voice recently hired Patton Boggs, a top public affairs firm for lobbying efforts towards the immigration goals of the high skilled worker community. Immigration Voice is now heavily engaged pursuing CIR or the Comprehensive Immigration Reform which will be introduced in the Senate in early March 2007 and then proceed to the House before it will be signed by the President to be enacted. This may very well be the ray of hope for the thousands of immigrants stranded on the not-so-green-now land of green cards.

    For more information on Immigration Voice, please visit – www.immigrationvoice.org





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  • Karthikthiru
    10-05 02:51 PM
    Did my share of it. Sent an e-mail to the editor

    Thanks
    karthik





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  • chanduv23
    11-02 11:48 AM
    Few months back, 2 DMV officers gave me a tough time in CT. I wrote strong complaint and got a reply that, it will be allright if I go again and I went for the 3rd time and got it without hasstles.

    Here is what happened

    Dear Mr. XXXXX,

    This reply is in response to your email of 5/20/06 in which you
    describe
    the difficult time you have had in obtaining a CT license. Please be
    advised that if the documents are not acceptable when you return you
    may
    ask the Sergeant or Supervisor to complete a form for 'Review of Non-US
    Citizen Documents'. In this process copies of your documents are
    forwarded to our Branch Operations Division for further review. You
    will
    be notified of the outcome by mail.

    Thank you for taking the time to write and bringing this matter to our
    attention.

    Sincerely,

    Elaine McDougal, Div. Chief
    CT Dept of Motor Vehicles
    Branch Operations Division

    Sent: Saturday, May 20, 2006 5:05 PM
    To: mail@dmvct.org
    Cc: chanduv23@yahoo.com
    Subject: Documentation for obtaining a CT drivers license


    Respected Commissioner,
    Ralph J. Carpenter
    DMV, Connecticut State

    Greetings,
    I hope this email finds you in good health and best of spirits.
    I am a new resident to the State of Connecticut. I am on a h1b visa
    (Skilled worker visa) and have been in the United States for 6 years.
    My
    employer is based out of Irving, Texas and I am employed fulltime with
    them. My company sends me on work assignments to various clients all
    over the United States. I recently started on a work assignment at
    Pitney Bowes located in Shelton, CT. All this while when I am in United
    States, I have worked in the states of Georgia, New York and Washington
    and have obtained drivers licenses from all these states. I have
    maintained legal status and always carry my documents whenever I
    interact with a govt agency like DMV.
    From the time I have started my work assignment in CT, I have
    approached the DMV twice. Both the times I was turned back saying that
    my documentation is not acceptable.
    First experience:
    DMV, Bridgeport, CT:
    Issuing officer wanted a document from my employer that says that I
    am still employed with them and have not switched employers. I asked
    the
    officer polietly if there is anything she is expecting to see in the
    document (in terms of information like kind of work, nature of work,
    place of work etc...) and she was very kind in explaining to me that
    all
    she wanted to know was if I actually work for the employer who holds my
    visa. I told her that I will come back again with the letter.
    DMV, Hamden, CT:
    After obtaining a employment letter from my employer I chose to go
    to DMV, Hamden, CT because it is close to my home. The issuing officer
    looked at all my documents and then told me the employer letter was
    unacceptable because it is generated by a computer. I asked him what
    document is he actually looking for. He said he cannot accept a
    computer
    generated document. I was confused. Then he showed me my employer
    letter
    and told me he cannot accept it because it is printed from a computer.
    I
    told him it is generated from the computer so whats wrong with
    employment letter generated from a printer connected to a computer. I
    understood what he was trying to say. He just had concerns with the
    validity of my employment letter.
    Nothing wrong in having concerns about validity of employment letters.
    He was just not able to express that to me. As I have the habit of
    carrying all my documents, I showed all my legal documents like LCA
    (that I am working in Shelton, CT) , my h1b documents etc... to make
    him
    comfortable of the fact that my employment letter is indeed valid. But
    at this point he just did not want to listen or see anything instead he
    kept arguing that this is CT and rules here are different and he would
    not see any documents or papers and he only wants an employer letter.
    And I told him that is right in front of his eyes. He says he cannot
    accept it because it is a computer generated document.
    Then I asked him what he really wants? He argued that he wants an
    employer letter that is not a computer generated document but a actual
    document. Then his collegue came to his resque and told me that he is
    actually looking for a document that explains clearly the reason I am
    in
    CT and details of my work location from my employer etc... I asked him
    to write it down in a piece of paper what he actually wants. His
    collegue wrote down in a piece of paper that an employment letter
    stating my work location as Shelton, CT is what they are looking for
    and
    I can get my out of state license transfer once I have that document. I
    wanted a official letter from the issuing officer stating what they
    really want and they were not willing to give me that. So I asked him
    again what he wants next time. He said he wants a letter from my
    employer that I am working in Shelton, CT and work details etc....

    Dear Sir,
    There is a lot of confusion over the issue with actual
    documentation required. The best thing to do to check validity of h1b
    visa holders is to actually ask for recent paystubs and w2 forms. These
    forms have employer names and if any H1b visa holder. If the issuing
    officer has concerns with documentation validity of a h1b visa holder,
    then the best thing would be to have a employment background check done
    or look at paystubs and w2 etc... Or specify what kind of letter they
    are looking from an employer so that they can be convinced that the
    candidate is a valid visa holder.

    Though I will be going back to the DMV sometime next week with letter
    they requested for, I felt it is my duty to suggest to DMV a good
    source
    of validity for h1b visa holders.

    Dear Sir, Connecticut is one of the most beautiful states I have ever
    lived and I am enjoying my stay in Connecticut. H1b visa holders are
    skilled workers and we assimilate into the society while we contribute
    what we can and work hard to maintain our status and are on a tough
    path
    to obtaining permanant residency.
    Please treat my suggestion as a welcome suggestion and make it fair to
    both the employees of DMV and non citizens as to what they or we can
    accept and what not.

    Best regards,





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  • saketkapur
    09-22 03:17 PM
    Unlimited calling on the Now network is my way to go......... :D



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  • BharatPremi
    11-08 10:46 AM
    Even if a Mod or an Admin wants to wish its members on festive season, there is nothing wrong about it. Even the American President wishes people on ocassions and festivals.

    I'm with you.





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  • willwin
    06-12 01:55 PM
    Outlook is very very grim without a bill from what I understand. EB3 India is going to be in a hole and EB3 PDs that are 2006 and later have a really long wait time ahead that they are not imagining. We are all hopeful by nature and look forward to visa bulletins with a positive attitude but such PD folks may be disappointed month after month for several years. For EB2 India it is important to know number of ported cases. EB3ROW folks also need to worry now. Their journey may not be that smooth due to spillover rules and high demand. We need to get data via FOIA to make a better guesstimate. Without such data we will hear various theories, predictions and interpretations from various websites and blogs that may not be always true.

    You definitely have better resources to know things but I hate to disagree on what you said.

    You said, it is going to be tough for EB2 I (and i guess C too). You also said EB3 ROW need to worry as well. Obviously, per you, EB3 I and C are out of question. so where are the 140K numbers going to go next year???

    Are you saying that EB1 and EB2 ROW are going to consume 140 K minus restricted quoto of retrogressed countries? It is hard to believe.



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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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  • nixstor
    04-25 07:20 PM
    Possibly congresswoman Zoe Lofgren's own ideas.



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  • qplearn
    10-12 12:56 PM
    Yes, I used nycgal's and made little modification to the intro part. Picked up the IV intro from our home page. Also emphasized on the skilled-immigrants rather than just legal immigrants. Still need to send it to Mr.Sturgeon.
    Thanks.





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  • PD_Dec2002
    06-28 03:53 PM
    Please ...let us agree on this ...will get an EAD even if i-140 is pending while 485 is filed correct??

    Not quite. You will get an EAD ONLY if you filed form I-765 along with your I-485. Your I-140 has no bearing on your EAD.

    Thanks,
    Jayant



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  • ganguteli
    03-22 11:39 PM
    As per 2006 and 2007 CIR, only illegal immigrants get green card easy. Legals like us - it will become even more difficult. read the text of previous CIRs and new CIR will not be different. Below is the text, it clearly excludes legals from legalization. Hope I would have been daring enough to be illegal. Definately, illegals are the vote banks and they get all the attention.
    TEXT:

    SEC. 245B. ACCESS TO EARNED ADJUSTMENT.

    `(a) Adjustment of Status-

    `(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:

    `(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.

    `(B) CONTINUOUS PHYSICAL PRESENCE-

    `(i) IN GENERAL- The alien shall establish that the alien--

    `(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;

    `(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and

    `(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.

    `(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.



    ..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.

    Legals do not need to be legalized. They are already legal. Legals need to be permanentized. (I like this new word)

    You have not read the entire bill and fully understood it. You are just picking up a small portion and making judgment.





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  • roseball
    02-10 01:45 PM
    Thanks for all the inputs. I still have not received the letter ( probably because of winter strom - delay with traffic) .

    Now if the Deniel is because of AC21 and 140 revoke , when we reply with MTR, should I sent copy of the AC21 letter we sent before or do we need to sent a fresh one ( employment verification letter ) ? The reason I ask this is when we originaly filed AC21 docs ( in Feb 2008) I was with Company2 . Now I am with company 3 ( just 2 months ). And good part of is company3 is well aware about the "same or similar " letter and is ready to issue the letter .

    Thanks
    -vinod

    Its better to send as much documentation as possible in a systematic way. What I did with my friend's appeal was I created a document in a tabular format with each row referring to the points mentioned in the denial notice and providing a brief explanation and referring each point to an Appendix which contained detail explanation and corresponding evidence/documentation (W2, pay-stubs, exp letters etc) supporting the explanation. You can do the same. Infact, I encourage you to provide evidence of your AC21 filing with Company1 which affirms that you indeed followed the AC21 guidelines from your perspective. Do also provide evidence of continued employment in same or similar occupation till your most recent/current employment.

    One more thing you should keep in mind is the deadline for filing the appeal. No matter when you receive the denial notice, usually, you only have 33 days from the denial date to file the appeal. So, I would encourage you to do whatever possible from your side to know the reason/s for denial so you can start working on collecting the appropriate paperwork for the appeal. Maybe taking an InfoPass appointment might help. I am not sure of any other options.



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  • gc28262
    11-15 09:20 AM
    Hello Guys,
    I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.


    I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.

    Thnx

    Follow these steps.

    I assume you have proof that you paid for H1B expenses.

    Silently transfer your H1 to a new employer.( Your current employer won't even know that)
    If they threaten you with the contract, tell them you will report them to DOL.
    It is illegal for employer to ask money for H1B expenses.

    Hope this helps.





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  • garybanz
    12-06 09:54 AM
    I have not tried it myself, but a couple members did and it worked. I also know about folks receiving EADs after filing lawsuits. There is still rule of the law in this country. Try follow my instructions and see the results.

    I was at USCIS this morning, followed every thing you suggested. My IO officer was actually a desi guy.

    1) They completely refused to look at the received date, I had my EAD (765) receipt, but the IO said he only cares about the receipt date. I even has the print out from USCIS.gov in which they have mentioned that they will honor the date on which applications were received in the mail room but he did not budge. His argument was " That update is in the over all scheme of things, but for EAD they have specific instruction to follow only the date they entered the data in the system"

    2) I was not allowed to see a supervisor, the IO did talk to the supervisor but did not let me see her.



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  • pappu
    02-27 10:54 PM
    o.k. Thanks for your reply
    so are you trying to say that IV is so disappointed that it will not do anything at all ?

    Never said that.
    IV is you and me. Please take the initiative and lead the effort if you feel strongly about your idea. You can start by doing a media campaign and generate articles on this subject.





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  • sammyb
    10-05 03:56 PM
    ^^^^^^^^^^^^^^^^^


    couldn't attend this time ...



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  • vbkris77
    07-02 03:40 PM
    When we are dealing with DOJ, why do we need significant volume ?
    When dealing with representatives ( lawmakers ) we need large volume to make any impact.

    Here we are talking about DOJ, who would make a decision based on the legal validity of our request.

    Please correct me if I am wrong.

    So that we get enough attention... I wrote one awhile back, still no luck.





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  • unknown123
    03-24 12:53 AM
    I recently got an RFE to prove that my Master's degree is a three year course (and not a two year program) because the degree and the combined three year transcript don�t specifically state that it was a three year program.
    I have three year of Bachelor�s (BSc) and three year of Master�s (MCA) education, which was used to qualify for EB-2. I also have more than 10 years of experience in a related field.

    Unfortunately, I only have a combined three year transcript with a list of all the courses completed as part of program (Year 01, 02 and 03) and not three separate transcripts for each year of the program.
    I also have an education evaluation to prove that it is equivalent to MS in USA, which was submitted with the original application.

    I recently obtained a letter from the University stating that it was three year degree program with year of joining and completing the exam but my attorney strongly recommends on getting transcripts for all the years individually, which may not be feasible to obtain in a timely manner. She is not willing to do a fresh education evaluation and to respond the RFE without transcripts of each session/year.
    I know lot of my friends have successfully got their I-140 approved with a combined three year transcript from same University.
    What are my options? I need a second opinion and a possible representation, if required.
    RFE has to be responded by March 22, 2011





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  • Ramba
    09-05 03:01 PM
    Technically, you are right. But on the other hand, it was at a time when one had to wait at the most 6 months for AOS.
    But, for people from India, on EB categories, the wait is not months, its in YEARS. So, its irrational to go by whats written there.

    On the other hand: I think we must request USCIS to recognize this underlying problem with EB folks that are primarily from India. They must print an exception on the AP for India and exclude the wording "for emergency purpose only". I don't know if USCIS has the discretionary power to amend minor changes.

    If AOS takes many years, then keep the non-immigrant visa, so that no need to worry about AP.





    Michael chertoff
    07-31 11:37 AM
    Why not EB2-I July 2007...


    Make it

    EB1 India Unavailable
    EB2 India Current
    EB3 India Current





    chanduv23
    05-13 12:33 PM
    Sorry to hear about such cases. We all have to realize one thing here. The employers need us equally bad as we need them (more often than not, not talking about Indian consultancies here). If ever one encounters such racial discrimination and open abuse at the work place, the best recourse is to file a complaint with the higher ups in the HR, start searching for another employer and ditch the current racist employer at the right moment with an appropriate email sent to everyone detailing why the person is leaving at such an important phase of the product development. Yeah, this might sound un-ethical, but sometimes situations do demand such drastic measures to send the right message. That's when all these racist employers would realize the importance of the person that just left the company. Then they can try to fill in the position with their preferred race qualified person and see how difficult that gets!!

    Better still, please talk to your friends and family in other parts of the US and find the areas in the US that are cosmopolitan and try to move to those places. Yeah that is very difficult in the short-term, but in the long-run, you would have peace of mind and a good quality of life after making such a move. Fortunately, i am in the Bay area and i have rarely encountered such racial prejudices out here. Just my two cents.

    Good luck.

    I did the same thing. I was under racial attack and complained to the HR, was on my 6th year of h1b. I did not get any justice, the HR was also having the same opinion, was talking about Indians in the company on h1b and all issues associated the and she said she has 14 years of experience dealing with this and knows how to fix this problem. I was kicked out of the company. No look back at all. I pleaded, told her I will take back my complaint and will not complain but no use. They terminated my employment and could never never fill that position again, but the company did not survive for long though.
    I moved to desi consulting after that and things started going a lot better with a understanding employer and I am doing better now.

    Fellas - watch out, especially those working in BPO etc.. where they have to deal with abusive clients...

    Recently, I stopped taking all these racial comments in a serious way, 2 days back my co worker made comments on how my "curry smells" when eat at my desk. My wife wakes up early in the morning and cooks the food with so much love and affection and I eat that, whereas he eats burgers and fries from cafeteria - look at who is commenting??????