Libra
09-28 04:19 PM
some of them are doing for votes and some of them doing it for show ratings, but racism and hatred is there in their blood. i dont think they change their stance on this. but if they continue provoking white americans against immigrants like this, one day we have to face same thing what black americans faced in 50's and 60's, and govt is fully ignoring this.
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sanjeev_2004
11-20 09:40 PM
My H1-B expires in another 8 months. I got my Labor cleared (EB-2) in 2 months through Perm and just finished applying for I-140. Before february, if i don't get my I-140 cleared i will go through Premium and apply for H1-B 3 year extension.
Getting my H1-B extended for 3 years is my goal. Once this happens, i will look elsewhere for a new job and start over GC process again hoping thta by then labor laws improve.
I have not dreamed/hoped to get GC. I am only hoping to stay in this country as long as possible.
I still don't understand why people are frustrated with delays in GC?
Why should you even stress yourself too much about this GC. Just enjoy the life and move on.
thanks
I agree with you. Only sick ppl are frustrated with delay in GC.
Getting my H1-B extended for 3 years is my goal. Once this happens, i will look elsewhere for a new job and start over GC process again hoping thta by then labor laws improve.
I have not dreamed/hoped to get GC. I am only hoping to stay in this country as long as possible.
I still don't understand why people are frustrated with delays in GC?
Why should you even stress yourself too much about this GC. Just enjoy the life and move on.
thanks
I agree with you. Only sick ppl are frustrated with delay in GC.
yagw
07-13 12:03 PM
yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)
Sorry for bringing the bad news. You will be current in next bulletin so cheer up!!!
Sorry for bringing the bad news. You will be current in next bulletin so cheer up!!!
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Alabaman
10-20 09:48 AM
You all have to look at this strategically. We all know at this stage of the election that Obama will likely win. We also know that congress is currently controlled by Democrats. If we have both congress and white house being controlled by democrats, then it is likely that we will have more things accomplished than if we have one party holding to one and another party holding to the other.
Forget the election rhetoric, Obama is not against legal immigrants (neither is McCain). At this stage, we have to look at the big picture which I just highlighted. What we should be working for right now (well I know we are not partisan) is for more democrats to win seats at the congressional and senate level so that bills that are pushed forward we have a better chance of passing and hopefully the ones that favor us and eliminate this backlog too.
So please you all should support Rick Norriega for TX senate (and all Democrat senatorial and congressional candidates) You can check out his immigration plan here http://www.ricknoriega.com/assets/img/immigration_plan.pdf
What say you??
Forget the election rhetoric, Obama is not against legal immigrants (neither is McCain). At this stage, we have to look at the big picture which I just highlighted. What we should be working for right now (well I know we are not partisan) is for more democrats to win seats at the congressional and senate level so that bills that are pushed forward we have a better chance of passing and hopefully the ones that favor us and eliminate this backlog too.
So please you all should support Rick Norriega for TX senate (and all Democrat senatorial and congressional candidates) You can check out his immigration plan here http://www.ricknoriega.com/assets/img/immigration_plan.pdf
What say you??
more...
rayoflight
02-19 11:29 AM
SEC. 501. EARNED ACCESS TO LEGALIZATION.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:CommentsClose CommentsPermalink
‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
‘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;
‘(2) has at all times been a person of good moral character;
‘(3) has never been convicted of a criminal offense in the United States;
‘(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
‘(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
‘(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
‘(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.
‘(c) Admissible as Immigrant-
‘(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
‘(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section.
‘(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
‘(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
‘(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.’.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:CommentsClose CommentsPermalink
‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
‘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;
‘(2) has at all times been a person of good moral character;
‘(3) has never been convicted of a criminal offense in the United States;
‘(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
‘(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
‘(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
‘(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.
‘(c) Admissible as Immigrant-
‘(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
‘(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section.
‘(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
‘(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
‘(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.’.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’.
perm2gc
01-11 03:25 PM
http://www.laborlawtalk.com/showthread.php?p=850460#post850460
http://www.indiacause.com/services/advt/advt_lst_one.asp?srno=10394
http://www.indiacause.com/services/advt/advt_lst_one.asp?srno=10394
more...
shreekhand
08-15 06:05 PM
That is a fairly correct list of has_to_happen! but do you know there is a significant number or June 07 filers who have passed all these and have got their I-485 approved in the past week or so from the TSC. See and immigrationportal!
thats provided
a. their I-140 is approved
b. fingerprinting is done.
c. passed the fbi name check.
d. their case made it to the hands of adjudicator who is taking a final look at it.
it is difficult to finish all these in less than two months.
but you may never know, there might be some lucky ones.
just hope that we all are that lucky :)
thats provided
a. their I-140 is approved
b. fingerprinting is done.
c. passed the fbi name check.
d. their case made it to the hands of adjudicator who is taking a final look at it.
it is difficult to finish all these in less than two months.
but you may never know, there might be some lucky ones.
just hope that we all are that lucky :)
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gcdreamer05
01-09 12:38 PM
Thats a new trend. They go to colleges and meet a group of Indian students who are about to graduate and take them out of drinks and dinner and give a presentation about their company. Then when these students come into OPT status, they are all given food + guest house accomodation. Then they are put under intense training for 2 to 3 months and made to do some mockup projects. Then their resumes are massaged with 4 to 5 years of experience ie experience from date they graduated in the under graduation and their MS education is stripped off on their resumes.
This seems to be a trend, though the practice seems not too good. As most immigrant students are hard working and determined, they put additional hours and make up for experience and perform well at clients. They get a decent 65K to start with from the consulting company and their h1bs are filed well before the cap ends.
Can you please share with me PM some of these companies as I am lookin for a h1b sponsorer for someone i know who has done masters here.... and is fresher... not that he wants to put fake.... he is ready to get a entry level salary and state that he graduated out of school and is a fresher..... just that he wants someone to do his h1b...
This seems to be a trend, though the practice seems not too good. As most immigrant students are hard working and determined, they put additional hours and make up for experience and perform well at clients. They get a decent 65K to start with from the consulting company and their h1bs are filed well before the cap ends.
Can you please share with me PM some of these companies as I am lookin for a h1b sponsorer for someone i know who has done masters here.... and is fresher... not that he wants to put fake.... he is ready to get a entry level salary and state that he graduated out of school and is a fresher..... just that he wants someone to do his h1b...
more...
unitednations
12-22 02:42 PM
I know many of my friends who were not paid in bench. All of them received green card without any problem. But only difference is they were in unpaid bench anywhere between 2 to 6 months. I do not know anyone who was in unpaid bench for 1 year or more. Most INS officiers are sympathic towards many violations. Recently one of my friend's wife forgot to renew H4 and she was Visa overstay for about 8 months. She applied change of status explainig the situation her H4 was extended with validity date from original expiry date.
I do know a decent number of people who were on bench for a year or more.
the problem is that people put in too much information when they file their cases. If you have small w2's or very little paystubs and you put it as part of your filing (either 140 or 485) then you are giving uscis a chance to examine them and raise a query because of it.
usually uscis does want to examine whether a person maintained status. However; if the recent entry into usa was shortly before filing 485 then they very rarely bother asking for w2's. If it has come to their attention that you may have left the 140 employer (h1 transfer, sending in ac21 letter) or it has been a long time then they will ask for these things to assess your intention.
Sometimes when people have very agregious cases/situations they are usually being protected in other ways such as 245k without knowing about it and their case gets approved.
I do know a decent number of people who were on bench for a year or more.
the problem is that people put in too much information when they file their cases. If you have small w2's or very little paystubs and you put it as part of your filing (either 140 or 485) then you are giving uscis a chance to examine them and raise a query because of it.
usually uscis does want to examine whether a person maintained status. However; if the recent entry into usa was shortly before filing 485 then they very rarely bother asking for w2's. If it has come to their attention that you may have left the 140 employer (h1 transfer, sending in ac21 letter) or it has been a long time then they will ask for these things to assess your intention.
Sometimes when people have very agregious cases/situations they are usually being protected in other ways such as 245k without knowing about it and their case gets approved.
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chanduv23
09-19 10:52 AM
I was part of the rally... I am proud of IV and everyone who attended it..WHAT tri-state chapter are you talking about ?? How many people are enrolled in it and how many showed up for the rally???
We have a yahoogroups - I am not sure how many attended from that but it has been passive with only few members posting always - I was constantly posting on that urging people to join the rally.
Around 80 people are signed in, you can sign in by visiting http://iv-tristate.blogspot.com/
We have a yahoogroups - I am not sure how many attended from that but it has been passive with only few members posting always - I was constantly posting on that urging people to join the rally.
Around 80 people are signed in, you can sign in by visiting http://iv-tristate.blogspot.com/
more...
Dhundhun
07-12 11:06 AM
http://www.immigration-law.com/
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
To be precise:
USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.
Reference: http://www.uscis.gov/files/article/2yrEAD_FAQ_061208.pdf
The Processing Dates are in Julys. Several applications are Augusts. Movement of Processings Dates are so slow that USCIS must have taken Processing Dates into account alongwith Priority Dates. There was a ball park figure from USCIS last year that it will take 18 month to process files.
Today's Processing Dates are:
TSC EB I485 Processing Date July 17, 2007
NSC EB I485 Processing Date July 28, 2007
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
To be precise:
USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.
Reference: http://www.uscis.gov/files/article/2yrEAD_FAQ_061208.pdf
The Processing Dates are in Julys. Several applications are Augusts. Movement of Processings Dates are so slow that USCIS must have taken Processing Dates into account alongwith Priority Dates. There was a ball park figure from USCIS last year that it will take 18 month to process files.
Today's Processing Dates are:
TSC EB I485 Processing Date July 17, 2007
NSC EB I485 Processing Date July 28, 2007
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paskal
12-26 04:30 PM
amsterdam is visa free- thank NW/KLM for it!
I hear Milan is too - Alitalia
I hear Milan is too - Alitalia
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gc_mania_03
07-09 07:43 PM
http://www.ahslaw.com/documents/AHSLawsuit.pdf
This document gives lot of legal details, states what the lawsuits exactly is..
P.S : I Think its just filed, not accepted by the court as of now
What are we fighting for now? We are expending all energies for temporary relief. I do not mean to belittle how important this step is for people who have been waiting to file for their 485s/EADs.
But, couldnt these organization sue USCIS over the past years for being inefficient and squandering so many visa that could have helped a lot of us...Why isnt anyone talking about that? Should the new law suit also include the complaints of inefficiencies at USCIS and the cause of lost visas...
Or am I just being naive with this thought...
This document gives lot of legal details, states what the lawsuits exactly is..
P.S : I Think its just filed, not accepted by the court as of now
What are we fighting for now? We are expending all energies for temporary relief. I do not mean to belittle how important this step is for people who have been waiting to file for their 485s/EADs.
But, couldnt these organization sue USCIS over the past years for being inefficient and squandering so many visa that could have helped a lot of us...Why isnt anyone talking about that? Should the new law suit also include the complaints of inefficiencies at USCIS and the cause of lost visas...
Or am I just being naive with this thought...
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desi3933
02-12 01:42 PM
....
The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.
We still have 7 months left for FY2010, so only assertion that there will be EB visa unused is only a "theory" at best.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
I agree. He has not backed his claim on that thread as well. Someone has posted a question in that thread regarding source of the spillover. The author of the blog responded with legal statute that explains how unused numbers of FB & EB from previous years are used for next year. But no link to justify 13,000 number.
A fact in itself is nothing. It is valuable only for the idea attached to it, or for the proof which it furnishes. - Claude Bernard
I know you lawyers can, with ease, twist words and meanings as you please. - John Gay
_________________
Not a legal advice.
The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.
We still have 7 months left for FY2010, so only assertion that there will be EB visa unused is only a "theory" at best.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
I agree. He has not backed his claim on that thread as well. Someone has posted a question in that thread regarding source of the spillover. The author of the blog responded with legal statute that explains how unused numbers of FB & EB from previous years are used for next year. But no link to justify 13,000 number.
A fact in itself is nothing. It is valuable only for the idea attached to it, or for the proof which it furnishes. - Claude Bernard
I know you lawyers can, with ease, twist words and meanings as you please. - John Gay
_________________
Not a legal advice.
more...
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greencard_fever
07-28 04:54 PM
Why do you need to close the thread............It appears to be the greatest stressbuster currently available on IV:D
I agree that we need some stress release discussion but i disagree that this the topic which we need to discuss on..open up any other thread which will give a healthy discussing like to discuss about the current market trend in US or open up a thread which will helpful to understand the recent N-deal of India-USA saying that how much india will get benifit with that and how?
I agree that we need some stress release discussion but i disagree that this the topic which we need to discuss on..open up any other thread which will give a healthy discussing like to discuss about the current market trend in US or open up a thread which will helpful to understand the recent N-deal of India-USA saying that how much india will get benifit with that and how?
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aj1234567
07-18 06:08 PM
Hi Gurus,
My PD is Dec06 EB2, do you have any guess when I will be current.
Thanks
My PD is Dec06 EB2, do you have any guess when I will be current.
Thanks
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IMGPAT
05-05 02:57 PM
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gk_2000
08-10 03:32 PM
I think it will be a lot easier to focus out energies to port ourselves to EB2/EB1.
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
Could you elaborate on how this is a "wishful" reinterpretation of the law?
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
Could you elaborate on how this is a "wishful" reinterpretation of the law?
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vbkris77
03-10 04:18 PM
Thanks for the reply. I already contributed fo FOIA campaign.
We keep doing feasibility discussions within the team and with our advisors before launching a campaign. We did work on some in your list above + more last year and got a couple of successes in return. Admin fix for 2 year EAD, visa recapture bill introduction are some.
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
We keep doing feasibility discussions within the team and with our advisors before launching a campaign. We did work on some in your list above + more last year and got a couple of successes in return. Admin fix for 2 year EAD, visa recapture bill introduction are some.
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
designflaw
04-09 10:59 PM
ROW moved 2 months, I will take it. If it keeps moving 2 months at a time, then my turn would come up in 3 years. Highly unlikely cause ROW PD per USCIS is expected to be in 2005/2006 by end of year. I think my PR for ROW would be pretty much catching up.
alex99
10-29 07:47 AM
^^^^^^^^^^
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