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  • pappu
    03-10 03:54 PM
    :mad:

    Why would we have an exam after dropped out of school?

    I thought dropping out is like going back to home country





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  • UKannan
    05-23 09:22 AM
    Is there anyway to get the I140 Approval or at least the Receipt # other than that off thru employer?





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  • spaceguy
    11-09 08:30 AM
    It is more approprite now as Federal Government -- for the first time -- passed a resolution in 2007 recognizing the "religious and historical significance" of Diwali.

    As Info other Immigration websites for example workpermit.com published a news article on Diwali

    http://www.workpermit.com/news/2007-11-08/india/diwali-celebrated-across-world-2007.htm

    Happy Diwali to all IV members





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  • chanduv23
    07-08 02:53 PM
    Thought I'd offer an alternate view on the AC21 letters. I switched jobs after my I-485 had been pending 180 days, and my attorneys advised me to NOT send in an AC21 letter. They said, "Chances are, you will not get an RFE, and if you do, you can send in the AC21 letter at that time. If you do send in an AC21 letter, you will definitely get an RFE". These attorneys had always given me excellent advice in the past, so I have not submitted an AC21 letter.

    - GS

    Ask your lawyer, what happpens when previous employer revokes 140 petition. The answer will be, "As USCIS does not know that you ported off, they will send a NOID and we will respond to the NOID. If they send a denial by mistake, we will reopen your case using MTR"



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  • GCplease
    10-05 03:57 PM
    are we sure that they are not talking only about H1b?

    Does following mean they are looking at Green Card as well ?

    "attract and retain high-skilled workers to contribute and excel in the U.S. economy without unnecessary delays and waiting periods?

    Unnecessary delays and waiting periods points to the Green card wait time I believe.





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  • Pineapple
    10-05 12:19 PM
    The immediate reference to illegal immigrants right after mentioning high tech workers does convey a link between the two, no matter how you slice and dice the semantics.

    This is what I wrote to the editor, in response:
    ----------------------------------------------------------------
    Hello, Susan,

    This is apropos of an article by John Harwood on the Washington Wire (October 5, 2007; Page A4), section High Tech Employers.
    (See link here: http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj )

    In the article, John wrote, (I quote)

    �HIGH-TECH EMPLOYERS get lift from House Republican letter to Speaker Pelosi urging passage of immigration bill to help "attract and retain" high-skilled workers. But in the poll, 56% of Republicans earning more than $75,000 annually would "strongly" or "partially" agree with candidate who would bar illegal immigrants from path to citizenship.�

    The article strongly suggests a link between high tech employees and illegal immigrants. That is very far from the truth!! Almost all high skilled employees are employed legally, and there are stringent and complex rules and procedures for gaining employment legally for a high skilled person.

    The woes of high skilled workers � delays of 7 to 10 years to get permanent residence in spite of following all the rules and contributing to society and taxes - are ignored by the media as well as politicians on left and right, allowing ill informed demagogues to set the agenda.

    Sloppy journalism by the likes of Mr. Harwood does not help matters either. It would do him well to research the subject well before writing in a story just to beat an editorial deadline.

    See www.immigrationvoice.org (http://www.immigrationvoice.org/) to see more on the issues faced by legal immigrants.



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  • rangaswamy
    08-11 12:31 PM
    Can some one clarify if the PD is based on the day labor application was received or the day it was approved?

    My I140 states it as the day it was approved.





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  • abhijitp
    03-11 03:57 PM
    Sure, your point is very much valid. What I understand from the Freakenomics experiment and EB3I behavior with respect to IV is that only a few folks have the perseverance to go all the way from D to B.

    Take 100 folks with C grade and give them the $50 offer for B. May be 80% will reach that goal. (I do not recall the actual results of the experiment).

    Take 100 folks with D grade and give them the $50 offer for B. Ideally we should see 80% of folks improving their grade to a C (one level up). But in real life only may be half as much (40%) will actually improve their grades to a C.

    An important difference here is, no matter how many participate in this campaign in DC, we all move up a grade at some point.

    We will all move a few years sooner if we try, and years later if nobody tries anything. (But we will still move!)

    Folks just need to decide: what's more preferable? Slower of faster?



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  • msp1976
    03-03 08:29 PM
    Legal Immigrants in Limbo

    It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.

    A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
    1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
    2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
    3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
    4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.

    As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.

    Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.

    And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’

    United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.

    As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.

    The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.

    Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.

    The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.

    In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.





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  • Legal
    02-04 02:33 PM
    This is still not a big deal.

    Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?

    Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.

    So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.

    Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.

    If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.

    Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.


    Excellent points. We also have to remember that these issues could be confusing for the immigration officers too. With the current backlogs these guys are going to get more and more on the job training.



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  • iwantgc
    10-10 03:24 PM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3046.html





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  • sidchhikara
    05-14 06:18 PM
    Wow you have REALLY stretched ur freedom of speech to the MAX here havent u ;)?
    Haha!! I hope you are not offended - I apologize if you are.

    Anyway - like I was saying freedom of speech and expression is very important for people belonging to any culture / country. Some people might think business / technology alone will ensure properity for the people involved - but the important thing to remember is that - business / technology is also a by product of these freedoms. When your mind is unrestricted by limitations and regulations - you get more innovative ideas - and you can also spread them easily.
    Donot let your cultural / religious commitments hold you back - most of them are unfounded and lack evidence anyways. This is one of the reasons West is more progressive than East - because they lean more toward reason instead of tradition etc., - and they say it out loud also which we don't do. This enables them to get the bullS*it out of the way first and concentrate on constructive things - innovate, do business blah blah blah!!

    Did'nt want to preach - but this is something that I value a lot.



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  • Edison99
    05-07 10:29 AM
    Great effort Pappu!





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  • for_gc
    05-14 11:34 AM
    Chandu,

    Although you bring up interesting discussion, but these stories about Neelima are really old. Dec 2005 ?

    Did you see anything recent on her ? Any updates ?

    As for handling these situatsions being diplomatic is best but that is easier said than done.

    Also, I think we are much more likely to face these types of problems with small companies which are in remote areas.

    Big corporations are much much better. I have been lucky in this regards that I have mostly worked with big corps.

    These companies actually go to extra lenghts to appreciate diversity.

    In fact last year in my current client Indians organized big Diwali festival celebrations to
    give American people a chance to enjoy Indian food and learn about our culture.

    Its not all bad. There are some very very good facets as well.



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  • amitjoey
    05-25 02:10 PM
    Thanks for spreading the word. Appreciate your efforts. Please mention that it is important to arrive on the 6th for training. It is important to fill out the form to let IV Core and admins know you are arriving.
    This event is not just "Show up and support" . Because it is not a rally, It is an advocacy event. - IV has been working on who gets assigned what offices to go do presentations.





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  • dacooldude
    09-07 12:52 PM
    we can come up with many excuses that would easily fall under "emergent personal or bona fide business reasons" category.

    I thought we must get ready with some reasons, when using AP to re-enter US. I have come up with some of my own that I may use:

    1) Grandpa or Grandma is sick (most common reason, perhaps no body uses it as a reason anymore)(bona fide personal reason)
    2) Land dispute (bona fide business reason)
    3) Parents home need urgent repair (bona fide business reason)
    4) Water shortage problem (bona fide business reason)

    My Wife was had to go to India for a medical treatment. The cost of the treatment is much less then here in the US (also most of the health insurance dont cover it). She plans to go back in the next few months, Is that a valid reason?



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  • rkgc
    05-21 12:58 PM
    I cannot see the May dates either, anyone!





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  • desi3933
    06-30 02:05 PM
    To so called "freedom figher"

    Court cases are filed with legal basis. Not on emotional outburst.

    I suggest that you spend your $100 to get an advice from lawyer on your "points" including the meaning for "We the People".

    .

    Thanks for red, guys.

    You are not even ready to take advice from an attorney for your "great" idea, and somehow believes that lawsuit is an easy game.

    Have you have been to courthouse? Been a part of civil lawsuit? I have and I had guts to be pro-se (http://en.wikipedia.org/wiki/Per_pro).


    Have a good day!





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  • gc28262
    01-14 02:33 PM
    H1b and Green cards are allowed to have out of country stays. so if you are out of country for less than six months, it may still be considered as continuous stay. the intent of writing the word "continuous" is to declare that at any point, the immigrant had no intentions to leave the country and relinquish his immigrant status. for the legal immigrant, that should be acceptable.


    Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien-

    (1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then

    (b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.

    b) accounts for the temporary absences of alien





    n2b
    09-29 10:21 AM
    I agree with most. We should not expect major "Forward" movement in dates until the 3rd & the 4th quarter of USCIS' fiscal year! Until then we might as well keep the prediction threads to the minimum.





    joydiptac
    02-11 04:51 PM
    Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
    **

    Is there a possibility that your previous company revoked the I140 saying that they wrongly filed your 140 and that you were not qualified based upon the labor certificate? I hope 180 days had passed after 140 approval. A little more detail on the case will be appreciated. Was it a case of substituted labor?

    First try to figure out what the previous company has done.
    Get the help of your attorney ASAP. Figure out if there is a way to undo the damage.
    I am not very sure of the details, a person I used to know was forced to join his previous company because they threatened him in similar lines.
    & please do keep us informed along the way. We may be able to be of assistance to you in some way or the other. Local IV chapters have access to local Congressmen etc.

    If nothing works go kick the ass of the person who is responsible for your predicament. Interpret kick ass to more severe alternatives. Some companies are anyway taking advantage of people stuck in GC queue. On top of that if they harm us they need to pay a heavy price.

    All the best!