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  • rangaswamy
    08-11 01:15 PM
    Thanks for the info. I went and pulled up the 9089 filing and just saw that the filing date was 15th may 2006, the expiry date was 3/31/2008 and hence i might have incorrectly assumed that the filing date was 2 years before that.

    Sucks! i missed the cutoff by a week





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  • leoindiano
    02-23 12:41 PM
    Leave him alone..... He is with IV from long time....





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  • msgrewal81
    03-22 11:14 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.





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  • vinodmp
    02-10 01:11 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



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  • senthil1
    05-24 03:38 PM
    Also we cannot deny that Corporations also reason for putting the h1b restrictions. Why Indian consulting companies applying thousands of H1b in one day? I doubt usage of number h1bs are atleast 50% They were also wasting lot of h1bs just by applying and staying in India waiting for Job opportunity materialise but here many companies could not get persons for many projects. Some solution is needed for this issue for proper utilization of H1bs. Corporations could have suggested some solution for this if they are really responsible.

    According to lot of estimates 100k new jobs are created and if we include retiring people and rotating people real new requirement will be 150k persons including H1b and L1. H1b numbers(115-180K) in the Senate bill are fine according to Industry estimates if industry is just using for new jobs and vacancies of old jobs without replacing current workers. It is too much restrictive in the bill but someone has to suggest alternative solution for the current problems. If they just remove the restrictions when they open new H1b cap will be reached within few days again corporations lobby for more H1bs.

    I'm surprised that everybody in this thread got so scared of the language in a stupid bill and stopped thinking how clever Indians are in finding loopholes. I hate when all the extra-ordinary people think in the same direction. To start with, is it possible that these jokers will pass anything agaist the will of big techs like microsoft, intel, csco, think again? even if they did to make average(stupid) Joe happy, they wil keep loopholes making the law irrelevent. e.g. H1 quota limited but L1 unlimited. businesses more than 50 emps can not have more than 50% H1Bs, what do u think big desi consulting cos are in trouble? they will simply 10 more companies each having 49 people.

    Other direction: when i came to US in '99 from SEEPZ, my US salary(in Rupees) was 12 times my indian salary, now it's just 2 times. Indian salaries are increasing 10-20% every year, and Dollar is going down (down 20% in 6 years, 40% including indian inflation), very soon there will be no advantage in coming over here, and you are worrying about future H1s having trouble getting GC?

    No matter how stupid and selfish politician look/sound they always think about their contries future, and folks these are US politicians. take it easy and take a walk outside, it's nice out there.





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  • sroyc
    07-29 07:30 PM
    If point sysem is introduced the big losers are immigration lawyers as they cannot make money in multiple stages. So no wonder if they oppose. Of course there is some limitations but its sucess depends on rules and regulations. Also there is going to be a Cap and there is going to be a provision to prevent displacement of US workers as the worldwide demand is always here. But main advantage is it will bring down the work load of various agencies like DOL and INS also employers.

    It will bring down the workload? Can you explain how? If anyone in the world is eligible to apply for the GC without sponsorship, the system will be flooded with applications, irrespective of whether they carry any merit or not. What makes you think that an organization that cannot process 140K applications per year can handle millions?

    The point based system sounds great in theory, but cannot be implemented efficiently by the U.S. as long as it remains the most desired country for immigrants. It works for Canada, Australia and the U.K. because fewer people want to move there.



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  • frostrated
    07-06 12:02 PM
    What is the benefit of applying for an OCI card for the kids and how long does this process take?

    the kid does not need a visa to enter India. Also, if you go on a visitor visa, then your stay is limited to 180 days at the max. On an PIO you can stay how ever long you wish to, but after 180 days, you need to register with the district police station to get a certificate of extension. this is usually valid for about 2 years. you can renew that every 2 years.
    If you are on an OCI, then the above restriction on PIO does not apply. You have all the prvileges of an India citizen, except that you cannot vote and hold agricultural land.
    I am not sure about sutdying at Indian citizen rate. You might have to pay the fees in USD, if i am not mistaken.





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  • rarundas
    05-25 10:31 AM
    Illegals beyond Jan 2007 will be deported anyways. So becoming illegal is not an option anymore.
    how do you track the date of illegal arrival to the US when there is no documentation?



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  • 21stIcon
    02-19 03:22 PM
    Are you sure that you would get back what ever you paid for the policy?. LIC in India is different story than western insurance companies.No Ins. company gives back what you paid on whole life, Please make sure how much you get back when policy matures.

    Give me your insurance company/policy name ,I will tell you how much you are loosing on whole....?

    thx
    21STIcon





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  • sangarmool
    04-06 11:24 AM
    May Bullet will come out when?



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  • forever
    07-23 05:28 PM
    Will CIS generate the Receipt notice first before transfering the application to the appropriate service center. ( like transfering the application from NSC -> TSC when the I-140 was approved at TSC but filed at NSC)

    They will not generate notices before transfering. Receipt notice number depends on the centre processing your application.





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  • waitnwatch
    04-03 12:58 PM
    As this issue has been going on for some time I decided to add my two cents for whatever it is worth.

    It is important not just to note the content of a posting but also its tone. People in this forum are smart enought to determine whether a posting contain constructive criticism or is just accusatory. I think it is better to leave the accusatory ones to die a natural death while replying to constructive posts even when they are heavily critical.

    Another thing to note is that everyone has their own peculiar situation. It may quite work out that only some issues may be solved by the legislation and it may not work to a person's advantage. Even then the people who are actively involved should make the call about what to pursue and what not to. The subtle nuances of the behind the scene politics is not visible to us sitting on the outside and I personally wouldn't like insider details aired on this public forum as this would provide the opposition with ammunition. I may be a bit conceited in thinking that discussions in this forum are being watched by the opposition but I am sure that that is happening.

    Meanwhile good luck to everybody and my sincere appreciation to the core IV volunteers who it appears have significant understanding of how the political game is being played.



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  • Macaca
    06-15 05:57 PM
    This loss of visas is due to:

    gaps in USCIS� accounting of cases;
    USCIS not processing enough pending applications in a timely manner; and
    the imprecise art of predicting workflows and demand surges at three federal agencies:

    Department of Labor (DOL) (approves labor certifications);
    USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
    DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).





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  • desi3933
    06-24 09:37 PM
    desi3933 is right.

    - While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
    - It does not matter if the person has other seemingly valid visa stamps on his/her passport.
    - The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
    - If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
    This is correct ONLY if person is maintaining status at the time of application. If the person is out of status then filing change of status petition does not put him/her in status.

    - Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
    - Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
    3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.

    Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html

    Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.

    - Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status

    This is an issue ONLY if I-94 date is passed. Out of Status is not an issue for visa stamping (The key thing here is I-94 date).

    - If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.

    This is a SERIOUS matter requiring legal competent advice.
    email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.

    NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research

    SertaSheep -

    See my comments in Blue above. There is a BIG distinction between unlawful presence and out of status.

    The best way to get back into status is to re-enter in USA with the proper visa (h4/l2) visa stamp.

    The I-485 can be denied if the person is out of status > 180 days (since last entry in USA) at the time of filing.

    Paying employer for generating "pay stubs" can land one in deep trouble. PLEASE consult a good attorney before paying for pay stubs.

    There are actions "missed" by Employers. But, that is beyond the scope of current discussion.

    I will be writing a detailed note on how to handle out of status issues.

    desi3933 at gmail.com

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002



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  • gcnirvana
    04-28 03:50 PM
    Got my Tax Refund today and as pledged contributed 5% to IV.

    I urge all members to contribute NOW when it is most needed.

    Go IV go!!





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  • chand123
    01-14 04:12 PM
    This bill if and when passed would let anyone in the US apply for an AOS.
    Ahead of us(i doubt it).
    This is just a rebranded version of something the dems were interested last time round.

    You know my friend,
    I sincerely doubt this measure passing, where anyone living in this country within the time span of 5 years can apply for permanent residency. However I seriously believe, there will be some final modifications on this bill.


    Either way, we all IV members should be happy, something good is about to come for all EB members. I understand the economy is in a bad situation, however for Obama to create more jobs, high skilled immigration plays a vital role.


    Good luck



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  • sledge_hammer
    01-15 01:43 PM
    Could it just be because there are a lot of immigrants from that state in India?

    The pattern of these killings is so strange that most of the people that got killed are from AP.

    My friends from AP, Be careful. They are coming after you :)





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  • ufo2002
    05-12 01:57 PM
    I have been reading the CIR Bill (PDF file, dated April 24, 2006) from this website
    http://www.nilc.org/immlawpolicy/CIR/index.htm#cira

    Under Title VI - Work Authorization and Legalization of Undocumented Individuals.

    I will just digest and summarise the interesting points:


    For illegals who entered the USA before April 5, 2001...

    Immediate Adjustment of Status after paying fines and any additional amounts
    Must be employed for at least 3 years during the 5 year illegal presence
    Employment requirement not applicable to those under 20 years of age
    Employment requirement of 3 years can be reduced if proven physical or mental disability like pregnancy
    Alien shall not be required to complete employment requirements with the same employer!



    OK, I am not going to go on as I will leave the rest of the reading up to you all. But I need to ask this: "The adjustment of status" above... does this mean those illegals don't need to go thru LCA and I-140? Also, they don't even need to stay with the same employer at the time of applying for AOS....
    Sounds like a very good deal for these people.

    So could someone explain to me why we in the retrogression queue should accept this bill even if it increases H1B and promises to reduce backlogs for GC when illegals who have been here for more than 5 years (many of us also have been here that long) get special treatment? It's a really bad deal for us.





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  • lost_in_migration
    09-20 08:17 AM
    red splotch for you?? No thats not true... See now you have two greens for defending Franklin:) Franklin (Tamsen) did an amazing job at the rally. No one who has attended the rally has any doubt about it.


    ok, that really ticks me off. This post is probably going to get me a red splotch, but you should'nt have picked on Franklin:
    I think all the work that Franklin did in preparation for the Rally and then at the Rally itself makes it obvious that she is better than most of the IV members (me included) who could not make it to the Rally.

    If you dont like the condescending tone of the voice of someone who has worked hard for IVs goals, feel free to stop coming to IV and posting here. Honestly why should someone here care about whether you like the voice or not when the voice speaks the truth?

    Look at all the blog posts and pictures of the DC Rally before saying anything against any of the volunteers who worked at the rally. unlike the people who are "trying to get permanent residency on their own right" these dedicated bunch of IV volunteers are trying to get permanent residency soon for all of us. See the photos, the videos of the speeches and then talk.

    What Franklin meant by that post (I think) was that IV is much more than a discussion board for reports of who signed whose Fedex package and what was the timestamp of the package. Its very important that we all actively participate in getting IVs goals met. The rally was a big, for-the-first-time event, and still people seem more excited by tracking receipt notices, and the short-sightedness of it all has made many people ticked off. The turnout could easily have been higher (like someone said, see the lines to the doctors office for getting medicals done when the dates were current, and compare that with how many showed up at the rally).





    psk79
    07-19 11:25 AM
    Mine.. July 2, 10AM. EB2





    mpadapa
    08-22 03:29 PM
    What franklin guesstimated is about right..

    Also there are lots of folks who jumped ahead by switching to EB2 from EB3 and ported their PD's. Those ppl will get GC before U man.

    With out legislative help EB3 (india) will be stuck at 01 of quite a while. I heard on another thread the AILA predicts the oct bulletin would be the same as Jan 07!! Go figure how long you have to wait..

    I too am in the same boat:D:D



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