Monday, June 20, 2011

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  • jsb
    03-17 03:06 PM
    Have you talked to lawyers with arguments you have mentioned here? Do you think there is a strong legal ground for success? For all five "questions" you have asked, there is legal backing. Law sees legal grounds, not sentiments, which seem to be the prime content of what you have stated.





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  • bugsbunny
    04-21 02:07 PM
    This issue about parents falls under the "family re-unification" issue to a certain extent.
    It affects everyone not just EB category. There is a huge support behind this issue from many different immigrant groups.





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  • kondur_007
    09-29 04:24 PM
    I would say the number should be no more than couple hunderd. They had all the time in the world to ensure that they don't waste any visas this year.

    Yes, you are right; but you never know USCIS.

    Because the process of allocating visa numbers is such that you can never use all of it...(you may listent to USCIS and DOS testimony several months back. They mentioned in that testimony that the best they can do is to waste 5% or less).
    So my best guess is: they wasted about 5-7k EB visas this year.
    They still will claim "great success" as they used >95% of numbers.

    The real solution was in visa recapture bill; but it is no where in sight now...





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  • villamonte6100
    11-02 12:22 PM
    Thank you very much for all the response. I waited for responses from different places so I could determnine if it is a Nationwide policy as what the Colorado was saying.

    I am from Colorado and I think Colorado is one of the strickest states in the US whatever.

    It looks like from responses that only Colorado has so far adhered to this new policy.

    I have 4 friends who currently cannot drive because their licenses have expired and they are waiting for MVI's (Motor Vehicle Investigative Unit) letter. Until such letter is issued, you cannot renew your license (in Colorado). According to MVI Here, it will take to 5-7 days, but if there is a problem, it will take up to 9 weeks.

    Really rediculous procedure and I agree with everyone.

    Just in case anyone there is in the same predicament, please share your story and the resolution.



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  • gunsnkars
    07-18 04:25 PM
    what kind of attitude is this. If he/she is eligible to apply they should apply.


    Sorry!If it was rude!!No offence meant...Me thinks it is more of a pain than gain!!Like what if your 485 gets approved b4 u file for your spouse's...There are still solutions as much as problems!!It would only benefit guys who are desperate for EAD but then again if you have your I-140 cleard and with serious retrogressions expected you could still get 3 year H1B extensions!!!





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  • chanduv23
    04-23 05:27 PM
    I completely agree with you. However our problem is 'how do we organize a massive protest". IV is a loose affiliation of people affected by the immigration problems. They all realize the importance of fighting, however majority of them are unwilling to contribute personal time/money/energy for this cause. Flower campaign was first time in recent history, when legal immigrants showed some unity to express their anger and frustation.

    It was predicted that once 485 is filed, people have EAD, and spouse working ... affected people will loose the apetite to carry on the fight. And that's what precisely took place. The biggest chellange is to let the affected people realize that if they do not come out and fight, no one will take care of their interest. It seems everyone is waiting for others to go out and fight, so that they can reap the benefits without any struggle. Now tell me my friend "how do we organize a massive protest??"

    excellent analysis. After the flower campaign, and during the rally, IV formed state chapters and state chapters have been designed in such a way that efforts can be organized in an effective manner.
    There is always some activity or the other going on in the state chapters, in fact in our chapter we organized some law maker meetings in DC this week and some members attended the meetings.
    Lobbying is a very effective tool and the more the numbers and support, the more effective lobbying works out.

    I would strongly recommend that the members join their respective state chapters and organize grassroots efforts.

    Unless we help ourselves, no one is going to help us.



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  • walking_dude
    10-05 11:47 AM
    I sent them my share of brickbats. Have you?

    -----------------------------------------------------------

    Dear Sir/Madam,


    In your Online Edition the following section in a news item is misleading and misinforming.

    http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj

    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.

    High Tech Employers DO NOT employ "Illegal Aliens". All immigrants sponsored by employers are law abiding LEGAL immigrants. Your news item is defamatory and libelous to legal Highly Skilled Immigrants who have been waiting for years, some as long as 6-7 years.

    Please take corrective action to rectify the mistake ASAP.

    Thanks In Advance.

    Regards,
    XXXXX

    We gave flowers. Now lets give 'em some brickbats -

    1) feedback@wsj.com
    2) newseditors@wsj.com

    Let the E-mailathon begin





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  • vdlrao
    02-15 02:56 PM
    The real problem has been the l1 visa..and ignorant americans do not know the difference and they think everything is h1b but it is the L1 which has caused wages to drop....

    Infact theres no limit on L1 quota like H1B.



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  • conchshell
    12-12 10:48 AM
    I gave this idea last time when we were sending flowers to USCIS. Remeber the time when Gandhi decided to burn the official immigration document publically when he was in South Africa. I am not saying that we should burn our original I-797 etc, but lets symbolically burn the photo copies of our legal documents in form of a demonstration in front of media. This way we would be able to get media attention, and bring awareness as to how legal immigrants are treated in this country by the govt department responsible for immigration.

    It would be better if this types of demonstration tale place in front of local USCIS offices.





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  • lazycis
    12-06 06:39 PM
    Is it possible to do so ? Can we apply for 2nd EAD application even without first one, and having got the receipt notice for first one ? If yes then this is a good solution, but then who knows how long the 2nd one will take to be approved, making it a worthless effort.

    It is possible, but what's the point? It will have later receipt date. It is better to file a lawsuit to force the USCIS to issue EAD. It will cost only $350 :)



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  • frankiesaysrelax
    12-31 10:42 AM
    When my H1 was pending, I got a 3 month extension based on the receipt notice and a letter from my company. The DMV needs to see your original I-94 which is expiring or expired to ensure that the entry to the country was legal. This was at the Trenton DMV.

    BTW, NJ DMV also tries to interpret immigration laws, incorrectly in my opinion. When I and my wife went back to renew again beyond the 3 month period, I was not carrying my H1 approval notice while my wife was carrying her H4 approval notice (longer story, not relevant). The DMV refused to renew her's based on *her* approval notice saying "She is H4 and she is a dependent". We probably need a immigration lawyer with us to get our driver's license now. In the end, I used my EAD along with SSN proof and we both got our licenses renewed. But otherwise the Trenton DMV is very helpful and seem to understand the immigration documents very well. Also if anybody is visiting the Trenton DMV specifically, if you dont have the SSN card with you, the SSN office is a only a short distance away and you can get a printout from the SSN office verifying your SS#. Printed directions courtesy the DMV staff.

    I distinctly felt unwelcome in this country having seen other times when renewing a license was not such a hassle. This is the twilight zone for people who are genuine and caught in the immigration whirlpool.





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  • tnite
    06-18 11:08 AM
    If my priority date is retrogressed at the time of processing my EAD and AP, will USCIS keep the EAD and AP on hold? Or will they process EAD and AP and hold the I485?


    They will send your application back to you.Maybe some experts can opine on this



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  • krishmunn
    04-20 02:24 PM
    My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.

    If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.

    However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.

    Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).

    However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)


    The 3 year experience = 1 year education towards degree is used for H1 NOT for GC. It has never been for GC.

    For EB3 GC, there is a classification for skilled workers which do not require a degree.





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  • sayantan76
    04-07 09:32 AM
    If I could hire IV by paying some money and then forget about it, i would do that. However, as far as I know, IV core is composed of regular folks who are also on visas and therefore can only work during their spare time/vaccation time. I know every one of us is impatient with this EB process, but the reality is our movment is not big/strong enough. Most of us once we get hold of the Green card (is it really green color??) completely forget that we were once part of an everlasting que with so many desperate people.
    This is the main difference between EB community and the ilegals. Ilegals are united by a lot of factors and even their legal relatives dont think twice before struggling/fighting for them. How many of our dear Indian/chinese friends (who are citizens of this nation) will stand up for us??? Even though many came here and strugled to obtain the EB green card, now we are alien to them!!!
    Consider the ilegal people:-
    theoratically, they are not supposed to have any voice in this nation simply because they are ilegals and hiding from the law. How come then that they are able to have such a huge protest march?? because most of the people who protested for them and stand up for them are legals
    We will be 100 times more successful if the major indian associations/chinese associations or other country associations raise the voice for us. They should "BECOME HUMAN BEINGS ONCE AGAIN" and feel for us. We should remind them once again of the strange and long path many of them went through to get the GC.
    HOW COME THEY IGNORE US???? IF THEY IGNORE US, WHO WILL CONSIDER US???
    IV??? my friends IV core member is a person of leadership quality for sure, but he/she is just in the same unstable boat as me and you.
    WE DESPERATELY NEED FOLKS IN THE MAIN LAND TO REACH OUT TO US.
    you have answered your own question.......the way the demographics are today - there are many families which are part legal and part illegal in terms of their immigration status - the motivation there is to bring close relatives (and even immediate family members) over to the legal side.......

    in case of EB - typically (barring some technical exceptions) the immediate family gets the GC at the same time - so the immediate family situation is not critical. If these people want to bring in their families - then thats FB immigration and not EB.

    Besides, FB immigration and to a large extent "illegal to legal" (whenever that happens) is a template driven process (if you meeting certain basic guidelines and do not have any criminal background etc - you are in - it is not upto the discretion of an immigration officer to reject a citizen's wife or father or mother on a case by case basis) - whereas EB is a fairly case by case evaluation process........hence its simpler to coin a message that resonates with the vast majority of the interested population on the non-EB side vs on the EB side (whats good for Indians may not be good for RoW and whats good for EB2 may not be good for EB3, direct employees vs consultants, 3 year degrees vs 4 year degrees, foreign degrees vs US degreess, STEM vs non STEM etc)........

    You tend to think like a group and root for the group when you suffer as a group........as much as many people on this forum would like to highlight otherwise - i think every EB story is different, every situation is different, even the extent of suffering and inconvenience is different and hence there is no "group feeling" - we are not a "herd" and hence do not act like an "herd".......

    To be brutally honest, I have had my GC for two years now, have not really had to wait for a long time either nor is the IV agenda really relevant for me (IV does not really focus on EB1) - i continue to visit the site to keep myself updated because I am concerned (as a well wisher not as an activist) and would like my friends to get their GCs asap! But, among the 100 other "human being like activies" that keep me busy (keeping my job, paying my bills, cleaning the house on weekends, not gaining any more weight with middle age approaching etc.) - do i have time to actually do something (beyond the faxes etc that we sometimes send to senators) - NOT REALLY.

    If you poll most people with GCs and new Citizens who came through the EB route - i have a feeling that a large number would give the above answer in their truthful moments.



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  • eb3retro
    10-14 07:24 AM
    which service center did you apply? and what was the recd date?


    Anybody received rfe? We received rfe on photos and was replied on 09/27.. No reply yet.
    Anybody knows how long it take to receive approval after rfe reply..





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  • CADude
    07-06 12:58 PM
    Don't boil.. map_boiler. :D

    CAdude, possibly you're the person in DENIAL mode. You are free to take the chill pill or any other pill you want (I am not seeking your advice for that purpose anyways). If you have a direct response to the point I made, feel free to respond, otherwise, please don't bother...



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  • siravi
    10-12 05:27 PM
    yes

    see you then.





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  • spicy_guy
    08-11 12:38 AM
    Come on EB2 guys, even if it were to be real, you should be happy about it. 2 months moved forward. Then imagine EB3 I. :confused:





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  • vishwak
    08-11 01:22 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.

    A priority date, in an employment-based (EB) case requiring Labor Certification (LC), is the officially acknowledged date that the case was filed at the state level Department of Labor office, referred to as the SESA. If the EB case was filed in a category that does not require labor certification, then the priority date assigned by the INS is the date the I-140 (Immigrant Visa Petition) is received by the INS Service Center.

    source: MurthyDotCom : Priority Dates : How Do They Work? (http://www.murthy.com/news/UDpdhdtw.html)





    yadav
    11-07 02:11 PM
    If someone enter USA they can bring in 10K$ with them in any form, ask you parents to go to any center in india private broker or anyone and buy $$ (thye charge some amount and that is in paise if they buy $ from you at 39 then they will sell it at 39.50 or so)

    You can buy as much as you want 100K$ or more. then when someone from india is coming then they can hand it to him and he can give it to you here.





    northstar
    08-11 12:42 AM
    One thing that forces you to believe its true is the date itself, why 8 MAY ? it somehow paints a picture that somebody did calculated the remaining visa numbers and arrived at the exact comfortable date. Guys, chances are its fake, but you never know. :)



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