Tuesday, June 14, 2011

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  • BPforGC
    05-11 01:51 PM
    This guy has no clue on anything...

    He says he gets back after talking to the 'subject experts'....

    A senator clearly asked him what to do on backlogs. If he has an iota of knowledge and real interest in immigration, he should have told to increase visa numbers, eliminate country limit and recapture legislation. All he said was he will get back to them and this opportunity has gone into thin air....

    So, this statement clearly epitomizes why USCIS is an inefficient and hopeless agency. They talk too much, think less and do nothing.

    Don't count on USCIS to do something to eliminate backlog. They are idiots and inefficient morons.

    Out of 10+ members of Judiciary committee, only two to three really care about an agency that is trying to work on legal immigration and present for this hearing. Talk about illegal immigration, every one will start running out of their beds with their pants down to get attention... this is really disconcerting.

    The whole hearing is a time waste for everyone. It did not achieve anything except patting each others back. Disgusting...





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  • rajmehrotra
    07-09 02:02 PM
    I understand, but don't. The possibility of you getting hurt in some way if he reciprocates in kind is much higher. Steel yourself, and move on...





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  • ramaonline
    12-28 02:21 PM
    Some in this situation are planning to do the full time MBA from the IIMs / ISB under NRI quota which requires gmat score. check topmba.com for info on international schools etc





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  • surge
    02-18 05:18 PM
    Hi Surge
    You should then consult a lawyer.

    i did. different lawyers said different thing so i do not know who is right and who is wrong.

    should i make an infopass appointment and idscusss it with them?



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  • ashkam
    11-16 02:08 PM
    As has been discussed and responded to a million times on this forum, the answer to this question is, when you enter on an AP, your immigrant status changes to parolee, but your H1B continues to be valid as a work authorization document and you can still use it to work for the same employer.





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  • martinvisalaw
    06-29 10:32 AM
    You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94.



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  • sankap
    08-20 02:51 PM
    I'm getting the same response this week as y'all did. Perhaps they've been instructed to not pay any attention to "seeking-status" calls...:(





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  • radosav
    08-22 01:43 PM
    Paper filed to TSC and my 485 is pending at NSC
    PD: EB3 Dec 2002

    EAD sent to TSC on July 10th
    RD: Jul 11th
    ND: Jul13th

    EAD expiring on Oct 3rd.So my countdown started.

    This is scary man...

    our expiration date is the same as yours Oct 3rd. I dont wanna scare you but we e-filed @ TSC on June 8, had our FP July 8 and I-485 is pending @ TSC. It still took 67 days to get CPO e-mail on 8/14 and we finally got our cards 8/20. So altogether 73 or so days.
    Hope this helps



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  • sanjeev.mehra@gmail.com
    08-15 11:28 AM
    If I am working with X company & Y company is ready to file GC.
    (Assuming Y has no objections even if I do not join the company at all)
    Is it mandatory for the candidate to join company Y at certain stage which has file GC?


    If to be on safe side, I should join company Y at some point;
    then what is that state - GC is approved (Once GC is in hand)
    or even before that.

    Regards,
    Sanjeev.





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  • H1B-GC
    11-30 02:32 PM
    GC Delay,

    Take an infopass Appointment and speak to an IO . Hope all the Mess created by USCIS in your case will be cleared. Below is the link for infopass... Since it is USCIS error, hope they will approve ur AOS as a courtesy ;)

    https://infopass.uscis.gov/infopass.php



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  • mith1234
    05-19 08:08 AM
    am staying in US for d past 4 yrs ,have a H1 B visa. i want to invite my younger brother and mom for a ONE month visit to US.My mom has already got 10 yrs of visa as she visited dis place in 2008. My brother has just completed his engineering , is 21 yrs of age and has got placed in infosys.His joining date is in December, so would it be easy for him to get d visitors visa as even i want him to have some fun b4 starting off with his work life. Should he carry his offer letter with him and also would it b wise to book d ticket in advance and show them d return ticket as a proof just to tell them tat he will b back in a month and also would like to know the other questions which r expected. Please HELP.Looking forward to your replies

    thanks in advance:)





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  • Munna Bhai
    12-14 08:20 AM
    I have been looking to possible cause of getting RFE at I-140 stage and I came up with the following:

    1.If your qualification doesn't match with the job description, like you have AMIE,Diploma,M.Sc 3 years courses but I-140 says Major required is Engineering or B.Tech(chemical) or B.Tech(mech) but working in Software.

    2.Ability to pay, which means how many I-140 that company currently has and whether that is equally distributed for wages.

    3.Ability to pay, which means have you submitted the required Tax document etc so that it shows company can pay future wages.


    I would like to get more information so that others who are planning to apply for GC should take this into consideration.

    Any inputs is appreciated.

    Thanks,
    -M



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  • learning01
    04-12 12:33 PM
    As I had already posted in the news article thread (http://immigrationvoice.org/forum/showpost.php?p=8552&postcount=225), this is an exhaustive article with a bold and thought provoking headlines. The article can be accessed here - http://www.newsobserver.com/104/story/427793.html

    Many skilled foreigners leaving U.S.
    Exodus rooted in backlog for permanent status

    Karin Rives, Staff Writer

    When the Senate immigration bill fell apart last week, it did more than stymie efforts to deal with illegal immigration.

    It derailed efforts to deal with an equally vexing business concern: a backlog in applications for so-called green cards, the coveted cards that are actually pink or white and that offer proof of lawful permanent residency.

    Many people now wait six years or longer for the card. There are 526,000 applications pending, according to Immigration Voice, an advocacy group that tracks government data.

    Lately, this has prompted an exodus of foreign workers who tired of waiting, to return home or go further afield. With the economies in Asia and elsewhere on the rise, they can easily find work in the native countries or in third nations that are more generous with their visas.

    "You have China, Russia, India -- a lot of countries where you can go and make a lot of money. That's the biggest thing that has changed," said Murali Bashyam, a Raleigh immigration lawyer who helps companies sponsor immigrants. "Before, people were willing to wait it out. Now they can do just as well going back home, and they do."

    Mike Plueddeman said he lost three employees (one a senior programmer with a doctorate) at Durham-based DynPro in the past two years because they tired of waiting for their green cards.

    All three found good jobs in their home countries within a few weeks of leaving Durham, said Plueddeman, the software consultancy's human resource director.

    "We are talking about very well-educated and highly skilled people who have been in the labor force a long time," he said. "You hate losing them."

    This budding brain drain comes as the first American baby boomers retire and projections show a huge need for such professionals in the years ahead. U.S. universities graduate about 70,000 information technology students annually. Many people say that number won't meet the need for a projected 600,000 additional openings for information systems professionals between 2002 and 2012, and the openings made by retirements.

    "We just don't have the pipeline right now," said Joe Freddoso, director of Cisco Systems' Research Triangle Park operations. "We are concerned there's going to be a shortage, and we're already seeing that in some areas."

    Cisco has advertised an opening for a data-security specialist in Atlanta for several months, unable to find the right candidate. Freddoso believes the problem will spread unless the government allows more foreign workers to enter the country, and expedites their residency process.

    However, not everybody believes in the labor shortage that corporations fret about.

    Critics say that proposals to allow more skilled workers into the country would only depress wages and displace American-born workers who have yet to fully recover from the dot-com bust.

    "We should only issue work-related visas if we really need them," said Caroline Espinosa, a spokeswoman with NumbersUSA, a Washington, D.C., group pushing for immigration reduction. "There are 2.5 million native born American workers in the math and computer field who are currently out of work. It begs the question whether we truly need foreign workers."

    She added that the immigration backlog would be aggravated by raising the cap for temporary and permanent visas, which would make it harder for those who deserve to immigrate to do so.

    Waiting since 2003

    Sarath Chandrand, 44, a software consultant from India, moved with his wife and two young daughters from Raleigh to Toronto in December because he couldn't live with more uncertainty. He applied for his green card in early 2003 and expects it will take at least two more years to get it.

    His former employer continues to sponsor his application for permanent residency, hoping that he will eventually return. But Chandrand doesn't know what the future will hold.

    "I miss Raleigh, the weather, the people," he said in a phone interview. "But it's a very difficult decision to make, once you've settled in a country, to move out. You go through a lot of mental strain. Making another move will be difficult."

    Canada won him over because its residency process takes only a year and a half and doesn't require sponsorship from an employer.

    The competition from Canada also worries Plueddeman, who said several of his employees are also applying for residency in both countries. "They'll go with whoever comes first," he said.

    And it's not just India and Canada that beckon. New Zealand and Australia are among nations that actively market themselves to professionals in the United States, with perks such as an easy process to get work visas.

    New Zealand, with a population of 4 million, has received more than 1,900 applications from skilled migrants and their families in the past two years, said Don Badman, the Los Angeles marketing director for that country's immigration agency. Of those, about 17 percent were non-Americans working in the United States.

    Badman's team has hired a public relations agency to get the word out. They have also run ads in West Coast newspapers and attended trade shows, mainly to attract professionals in health care and information technology.

    Dana Hutchison, an operating room nurse from Cedar Mountain south of Asheville, could have joined a hospital in the United States that offers fat sign-on bonuses. Instead, she's in the small town of Tauranga, east of Auckland, working alongside New Zealand nurses and doctors.

    "It would be hard for me to work in the U.S. again," she said. Where she is now, "the working conditions are so fabulous. Everybody is friendly and much less stressed. It's like the U.S. was in the 1960s."

    Limit of 140,000

    Getting a green card was never a quick process. The official limit for employment-based green cards is 140,000 annually.

    And there is a bottleneck of technology professionals from India and China. They hold many, if not most, of all temporary work visas, and many try to convert their work visa to permanent residency, and eventually full citizenship. But under current rules, no single nationality can be allotted more than 7 percent of the green cards.

    In his February economic report, President Bush outlined proposals to overhaul the system for employment-based green cards:

    * Open more slots by exempting spouses and children from the annual limit of 140,000 green cards. Such dependents now make up about half of all green card recipients, because workers sponsored by employers can include their family in the application.

    * Replace the current cap with a "flexible market-based cap" that responds to the need that employers have for foreign workers.

    * Raise the 7 percent limit for nations such as India that have many highly skilled workers.

    After steady lobbying from technology companies, Congress is also paying more attention to the issue. The Senate immigration bill had proposed raising the annual cap for green cards to 290,000.

    Kumar Gupta, a 33-year-old software engineer, has been watching the legislative proposals as he weighs his options. After six years in the United States, he is considering returning to India after learning that the green card he applied for in November 2004 could take another four or five years.

    Being on a temporary work visa means that he cannot leave his job. Nor does he want to buy a home for his family without knowing he will stay in the country.

    "Even if the job market is not as good as here, you can get a very good salary in India," he said. "If I have offers there, I will think of moving."

    Let's utilize this write up and start quoting the link in our personal comments / emails to other news anchors, commentators, blogs etc.
    I thought this deserves it's own thread. Please comment and act.





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  • diptam
    06-10 10:23 PM
    The worst hit 140's are EB3 (and that too mostly in NSC and some in TSC). Not a single NSC EB3-140 is coming at < 400 days.

    EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.

    Where they need to re-instate Premium 140 to give actual relief - they wont do anything.

    And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.



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  • VDaminator
    06-05 04:29 PM
    Aright here ya go





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  • looivy
    11-02 12:59 PM
    If this is a possible solution, have your Mother-in-Law visit Canada temporarily for a few day and have her come back to US. I am just floating this idea for discussuion.



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  • satishku_2000
    06-03 04:32 AM
    Keith Ellison, Congressman from MN was in Milwaukee, WI today.
    I had a chance to meet with him on a small gathering for his fund raiser.

    He is a member of Judiciary commitee.

    We asked him questions on how to become more active in Politics, how Congress works etc etc.

    He gave a good example:
    He said politicians are like a mom with many kids..one kid is labor union asking for help for their issues, other is teachers union etc etc.
    And if one kid is shy and does not say anything then he is not going to get anything.

    Point is very simple, Congress needs to heard like crazy from legal Immigrants about issues. So please on Mon during lunch call your congressman every day for next week. Send them faxes, emails etc.
    So when they vote they know that what are issues for legal immigrants.

    If you don't then you won't get anything. It is that simple.

    thanks,
    engineer


    Hey

    buddy nice post , did u get a chance to discuss any of our issues with the congressman?





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  • glus
    10-20 08:22 AM
    Hello,

    As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.

    It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
    Good luck!

    hi there,
    There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.


    Best Wishes,





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  • suratvoice
    12-17 11:59 AM
    What does career progression mean ?

    Moving from Senior Programmer Analyst > program manager.

    This is a very gray area.

    Thats the problem, I read a quote somewhere that the Ac-21 is designed to be vague so that there is a lot of leeway - if it was specific then it would be too limiting.

    but since there is hardly any precedent, new people are worried. now this is also on an off chance that there will be an RFE, based on what i read, there might not even be an RFE. i see that you have PMP, so do I, maybe thats one of the reasons i got this job...

    so the question remains... is career progression
    from
    programmer/ software engineer/ software developer/ programmer analyst

    to
    project manager/ program manager/ product manager

    possible?

    We know that it is logical that as a person gets senior, more responsibilities are put on. some prefer to stay on the hard core technical side but some prefer not to.. nothing wrong with either approaches.

    experts/attorneys/experienced people.. your opinion??





    SNLive999
    06-05 05:35 PM
    Hello,

    I live in Massachusetts, Where should I send my EAD application ( Initial EAD, not renewal). My I-485 is pending with Texas Service Center.

    Should I mail the EAD application to the following address:

    Texas Service Center
    P.O Box 851041
    Mesquite, TX

    Thank you for letting me know.





    mnq1979
    06-26 05:07 PM
    If the registration date on the birth ceritificate is latest, not obtained during her birth, then you might need to back it up with secondary documents. Any of the above said documents, including 2 affidavits, should be submitted along with the bc. In any case make sure that all secondary documents includes both your parents full names. If you are using 2 affidavits as secondary documents then make sure that affiants full names and their date and place of birth information is also included. This is exactly what I did. I have submitted latest bc and backed up with 2 affidavits. This is what I learnt from my attorney. USCIS has received my response and application processing resumed and I am putting my fingers crossed:rolleyes:.

    I will let u know if my status has changed. Please keep in mind that what I said all along in this thread based on my experience. Do some more research and come to your own conclusion. Good luck.

    Can you please provide a template that how the affedevit should be. I mean is it possible you can provide the TEXT information of the affedevit that how it should be written.
    2 affedevits mean One from Father and one from Mother right !!!!



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