Saturday, June 18, 2011

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  • hopefulgc
    09-05 02:15 PM
    Given that AOS drags on for 3-4 years, I would regard that not seeing your mum for 3-4 years in a row would qualify as an emergency.

    If you had a bad experience, please make it a point to file a complaint.

    Please do not take the abuse lying down.


    AFAIK, AP is considered only for emergency travel. That said, I think the officer was being over reactive.

    As we all know, immigration laws are arcane. AP for emergency travel was ok when people used to get GC within 6 months of 485 filing. Now, when it can take anywhere from 1 to 3 years to get GC after 485 filing, does it make sense to have AP for only emergency?! Crap...





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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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  • h1techSlave
    03-10 11:06 AM
    Freakonomics and IV participation by EB3IFreakonomics

    The guys from Freakonomics did an experiment in a Chicago school. They said they will give $50 to all students who will get a B or higher in all their subjects. After some time they have found out that students who were getting a grade in the vicinity of B earlier have improved their grades to B level. But the students who were already well below B, actually went down in the grading; from D to E for example. You can google for the details.

    In the GC saga, what we need is a B grade or above.
    EB3 Mexico already has a C grade, hence he tries hard to improve himself to a B grade.
    EB3I is in D grade. We more or less feel that trying hard is a waste of our time. If we try hard, we might get a C grade (means EB2I folks will get GCs :( :( ). The end result is that we go from D to E. That is what you are really seeing.

    PS: despite the above generalization, I am planning to participate in the advocacy days in DC and I have already contributed to the efforts. Because human beings defy logic and what is natural to other life forms on earth.

    If we don't stand up for ourselves, no one will do it for us. Mexico continued its advance in today's bulletin but there are just too many people in the queue to get this solved the right way.
    My esteemed colleagues from India and China, if I am worried enough to donate and register for the April event, WHY HAVENT YOU?

    Register now or donate to help fund the event. This is our chance. Those $50 you will spend on dinner and a movie this weekend can help us solve this once and for all.





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  • vikki76
    04-13 12:13 PM
    If USD falls further-then other alternatives like migrating to Canada and Australia are more attractive.
    Australia rewards you in terms of more points for having
    -Better English
    -Possessing high tech skills in demand
    -Being less than 35 years old.
    Australia has business ties to both Europe and far east Asia.
    Compare this to US high skilled immigration system!. Ah!.



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  • siravi
    10-11 07:15 PM
    .





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  • kittu1991
    08-26 04:32 PM
    Forgot to mention "Good luck with your GC in Sep..

    Same to you. Do you have any update on your case or do you know the status of your case?



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  • sledge_hammer
    07-15 07:58 AM
    hopein07,

    Many people that buy term insurance are not paying more premium so that the savings between term and whole can be invested in equities. This is the norm in the US. In India it is true that ALL your assets "could" end up in real estate. So for a person that intends to live here until old age will have cash and or equities. Financial planners reccommend term because one would need the coverage until a major mile stone in life is reached - paying off home mortgage, children completing college education, etc.

    I have done some research and MOST financial planners suggest to get term insurance. They say not to mix insurance with investment. Statistically, if you buy whole life, the rate of return is negligible because so much is eaten away in fee and admin charges.

    The only issue here is that Term will cover you till the age of 60-65 if you get 20-30 year fixed rate policy. But if you still have immovable assets at age 65, which you surely will, that you need protected for your dependents then you will not have any coverage at all because Term will last only its stated duration. If saving/investing during young age is the objective then Term is good, no doubt, because it's cheap and covers you from risk during young working years. But I guess no company gives Whole Life on H1 so there's not any other option.





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  • DareYouFireMe
    04-17 12:14 AM
    If USD falls further-then other alternatives like migrating to Canada and Australia are more attractive.
    Australia rewards you in terms of more points for having
    -Better English
    -Possessing high tech skills in demand
    -Being less than 35 years old.
    Australia has business ties to both Europe and far east Asia.
    Compare this to US high skilled immigration system!. Ah!.

    Canada is already worse than India (atleast for IT sector). Hard to find jobs. Salaries are 75-80% of corresponding US jobs. And Candian $ is also cheaper (though catching up with USD).



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  • vahdam
    11-01 07:39 PM
    i guess the theory sounds feasible, but practically speaking, it cannot be executed at this time.





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  • amitjoey
    08-19 11:04 AM
    There are no bills being discussed. House as well as senate are on recess and will convine after Sept 10th. After it reconvenes, between 10th sept and Oct 8th - it has a lot of tasks at hand, and no apetite for any big and controversial issues like immigration. Mid term elections are in early nov and nobody wants controversial bills debated just before that. Morover it has been made clear that GOP does not want any immigration bills except "fencing the border". Democrats do not have required votes for cloture.

    So, nothing is going to happen on the immigration front- legislatively untill after nov elections. Attitudes towards this issue will change and more GOP Lawmakers wil favor talking about this after. It will be a different ball-game depending on who keeps the majority. In the lame-duck there might be a chance.

    August/Labor Day Recess
    House - August 9 – September 12
    Senate August 9 – September 10


    Target Adjournment:
    House - October 8
    Senate - TBD



    So, between now and the lame-duck session, if we can educate lawmakers- especially now- since they are comming back home and to their constituents in the recess. Most of them have town-hall meetings arranged and want to hear from their constituents. It will be good to make ourselves visible and heard.



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  • wahwah
    09-14 05:13 PM
    give 2 or 3 months and ROW EB2 will go back to Jan. 2007 or March 2007.

    we'll revisit this thread later again.

    Total number of application will have no impact on ROW (number of application from ROW will have impact on that category), which i think will be very limited.





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  • maine_gc
    05-21 03:44 PM
    My I140 is pending at TSC from Apr 2007. No RFE. Called the CS and opened an SR in jan 08 and i got the standard reply. My Attorney opened another SR in May. Hoping to get some information on my case from TSC this time
    I think all these processing times are unreal and who knows how they process these cases (may be GOD)



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  • imneedy
    07-01 06:23 PM
    1) what is the best way to attach photos when sending supporting docs so that they won't get lost or mis-placed. What goodies are avaialble in Staples for this?

    I put them in a thin plastic bag my photographer gave me and used a clip to put all documents together


    2) As part of AP e-file process, is it possible to do all the work on a machine which does not have printer and later retrieve the confirmation notice and print it?

    You can do it, you have the option to save the documents as pdf. From what I read from other users, sometimes USCIS website hangs and then you can request (by sending an e-mail) for the pdfs to be e-mailed to you. In either case I would recommend to use a PC with printer, it's more convenient.





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  • nixstor
    10-11 04:36 PM
    You have to remember that Schedule A is a one time 50K cap. DOS mentioned that the category will be eliminated from VB soon. They expect to hit the 50K cap by the end of this month and thats why they will not accept any more new applications from then. So who ever were able to sneak in under that category, will get their GC. There will not be a Schedule A category unless congress approves again.



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  • rkg000
    08-26 06:22 PM
    regarding FP, there are cases where no FP notice came after July 2007 filing, like mine, thats more than 15 months. And recenlty my friend's wife who applied as his dependent got FP notice, but he didn't. He's july 2007 filer too. So, not sure if FP notice really means anything.





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  • waitin_toolong
    08-15 10:16 AM
    there is no rule defining any length of period that you are required to stay with Gc employer but most people recommend 6 months mainly because of possible questions at citizenship interview.

    If you have a very good reason to change jobs sooner than that then document it and be prepared to defend your actions if you plan to apply for citizenship.

    I dont see any reason why this would affect spouse.



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  • xyzgc
    01-15 03:46 PM
    The earlier who mentioned about hard hitting a car on Tree/building to shake the robber and run away is absolutely misleading peoples. There is no reward for bravery or mental sharpness in US for folks who wins a fight with robber or outsmarts them.

    How much the Robber can steal from you - Couple of hundred cash, 5 credit cards ( which you can immediately cancel if you are not injured) and some important contacts. Be Nice with him and give him what he wants, tell them that you understand their situation and be sympathetic and polite with them.

    I once did that and the robber just took 20 bucks from my wallet, 3 Marlboro Lights cigarettes and returned me the rest of money,credit cards,my SSN card and important contact papers and my rest cigarette pack and told me "you look like a nice guy".

    Don't panic seeing robber or don't make the robber panic by shouting or banging your car on the building :) Robbers are just human beings like us with pathetic economic conditions ....

    He shouldn't have returned your ciggies :D





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  • desi3933
    06-18 04:32 PM
    I am on H1 and my wife on H4. Can she apply for EAD while I do not ( I would prefer to extend my H1) after we both apply for 485?
    Thanks

    Yes. She will be on AOS Pending status while you can maintain H1 status.





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  • vram
    09-22 07:19 PM
    Hello all,

    Here is my status

    I am currently using H1(3 year extension since I140 was filed) and wife is using EAD. And I also have EAD and approved I140. I have filed for my I-485 (2005 PD) with my current company in Midwest in July 2007.

    I have an offer from a company in California. Is it OK to accept the offer.

    1. Does it matter if I change the geographical region
    2. Also my field of work does not change. Only thing that might change is my increased roles and responsibilities and my designation for example from Senior Staff Engineer(Company X) to Principal Staff Engineer (company Y)

    I would like to know if Would be in trouble or if my GC would be in trouble having waited from 1997(F1) until now.

    -thanks





    chinna2003
    06-03 12:16 PM
    From reading all the testimonies , I didnot see any argument of unfairness to employment based immigrants.
    Senate was interested in hearing the plight of a gay american citizen who could not live with his gay partner because his student visa was refused on reentry from Brazil and this gentleman couldnot sponsor him as a family member because the immigration act doesnt recognize gay partners as family members.
    I suppose being a gay is going to be a much faster way to becoming a legal permanet resident rather than being a highly skilled indian immigrant.





    chanduv23
    02-11 01:10 PM
    Use a competent attorney. Do not try to handle this yourself. I am sure that you have heard of "you get what you pay for"...

    BTW, are you one of those cases with a 3 year degree + Experience, working in IT? If yes, the I can see why your I-140 was rejected. Lot of people have had this issue, but I do not know how many have successfully been able to resolve it.

    JAFS, ALWAYS use grammar check.

    The OP claims his 140 was approved. If they went back and rejected his 140, without request from his ex employer - this would be the first time I am hearing such things happening.



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