Sunday, June 26, 2011

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  • walking_dude
    11-21 07:31 PM
    Folks, it's a good thing you guys are doing a grassroots drive. But please keep the chatter out of the public forums.

    Anti-immigrants prowl on IV as members. If they get an hint, you are meeting any Rep./Senator on some day, they'll bombard that office with phone calls, E-mails and faxes same day or next day. It will in effect nullify all your efforts. It has happened in the past and it's sure to happen in the future.

    So, please excercise due caution. Do not share information with the folks you don't know very well. These kind of actions are best suited to be carried out in your state chapter mailing-lists, where members are screened before joining. IV forums being public anyone can create a fake id in half an hour or one hour. It's not secure to carry these types of actions.

    Thanks...I'm not in the 16th district, but if I'm not wrong digital2k is. I will talk to him and schedule a meeting with Zoe very soon...

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  • harish
    11-29 07:55 PM
    I'm wondering where did you get this information?

    From here....

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  • radhay
    07-25 11:12 AM
    NSC e-Filed EAD and AP 06/16 for both of us.
    Finger prints: 07/11.
    EAD approved for both: 07/18
    AP Approved for both: 07/21
    EAD Card Received for 2 years valid from date of approval: 07/22
    AP document: Waiting..

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  • ksefiane
    01-22 01:01 PM
    I have contacted local lawmakers and was told that one office is sending a letter to the White House. However, I was not able to get a copy of the letter so I am not sure if that will really happen. I have asked my employer to send a letter as well. I have sent a letter to IV and White House today and have sent out a template to all friends and family in hopes that several of them will send in letters on my behalf. I know of three people that have done it thus far.




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  • akgind
    07-13 11:09 PM
    Good point. You are absolutely right, help_please. S.774 is the original DREAM Act which did not distinguish between legals and illegals. But it never went anywhere. The DREAM Act that was part of CIR specifically made it applicable to only holders of Z visa. Please refer to S.1639 on the same site and look at Sec 612-620.

    We do not know which version is being introduced now. The way things are going in Congress, I would not be very surprised if they make it applicable to only undocumented.
    Please visit this site and search for bill # s. 774. This bill does not specify that you must be illegal to qualify.

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  • sameer2730
    11-20 03:56 PM
    How about anyone with a US Masters no matter if it was obtained before filing the GC or just last month? Almost everyone I know has got some US masters in the meantime over the past 5-7 years. The queue will not move if the provision just includes a degree. In fact a lot of EB3 India would benefit since most of us got a masters in the meantime even if it was something like some MBA or information systems management.

    Sure the queue will be shorter if people with masters got a GC just as it will be if all spillover goes to the most waiting applicant first, not to mention it will be fairer.
    So essentially this talk about US masters is just a self-serving way to jump the queue. There is no crab mentality here. Just trying push ones own importance using any pretext whatsoever.


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  • nirav_patel
    08-10 01:11 AM
    me too.
    EB2 PD - March 2004
    I485 - RD - July 27 2007

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  • gk_2000
    05-12 07:12 PM
    I have 2 questions. Why you think only I485 not greencard. Fight and get Greencard? Start protest self. Others join when one start. Why not you?

    A beggar only thinks of bread and never cake.

    Do you think it will have any impact if I do it alone and no one covers it? It will be noticed only if a group does it, and it is covered in local media at least

    Why dont you also volunteer?


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  • pani_6
    03-21 11:27 AM
    We need to talk in a single voice...can you prepare state chapters's talking points..plz..other materials that people use to effectively utilize the limited time with the senators..

    Great Effort!

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  • chanukya
    06-03 05:39 PM
    Let's make it to Rank 2 or 3 in Batlle Royale.

    spread the word ....outside IV also....


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  • YesGC_NoGC
    12-12 01:24 PM

    why not India ?

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  • 485Mbe4001
    05-15 05:52 PM
    officially eb2 or 3 application is based on the qualifications required for the job and not on your education status, there are hundreds with masters who are on eb3

    Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.


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  • nilcritz
    12-20 01:32 PM
    Hi everyone,

    I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.

    1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
    2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
    3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
    4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
    5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.

    Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).

    Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.

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  • Leo07
    06-24 05:27 PM
    Firstly, I'm a supporter of CIR...but I still sense some ambiguity in these lines...

    may be it's just me...:)

    "Legislation must also create mechanisms to attract high-skilled immigrants, control the flow of low-skilled immigrants and protect native-born workers, Schumer said, without providing specifics"


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  • gc_lover
    07-10 08:30 AM
    Lou Dobb seems to discourage illegal immigration but is all for legal immigration ...

    My friend, are you new in this country?

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  • pmb76
    07-20 04:57 AM
    You sure are a spindoctor : You gave yourself a worthy id. Why do you have to call USCIS cruel for the choices you made ? USCIS has not separated you from your wife. You have chosen to live in this country and you have the choice to be with her or not. Remember - no one can force you to do anything in this world. Life is always a tradeoff for every living creature in this world and we must learn to make the best of it. Although I do sympathize with you - you need to grow up and stop blaming others for your mistakes.


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  • syedajmal
    02-11 10:18 AM
    While we work on bills, is there anything that can be done without a bill but from some kind of an order from the President's office or the Head of USCIS. Getting a bill thru congress in this climate seems next to impossible ( If we could just counter the -ve bills/amendments that would be significant).

    What I am trying to say is there something somewhere that can be done with just one office making the decision then we can all make a concentrated effort towards that one office as we do have a few Legal immigration friendly people at every office.

    Any ideas????

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  • qvadis
    12-29 12:14 AM
    Being on the other side (EB3-ROW) I read the law a bit differently ;-)

    In short:

    - INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
    - INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
    - INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
    - INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.

    INA 202 (a) (5)
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.

    INA 203 (b) (3) (EB3)
    [...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]

    The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.

    So, the allottment should work as follows:

    Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.

    Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]

    INA 202 (a) (3)

    Therefore, the 7% country cap had always been �soft� till year 2000.

    (*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)

    I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�

    Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:

    [I]INA 202 (e)
    If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
    the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.

    I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.

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  • kaisersose
    06-05 03:27 PM
    Thanks KS !! but is it a law or did they create their own rules ? I know I am day dreaming here ...but if they were to push (the worst category) EB3 - I in this case so that it is somewhere in 2003 then it would make their system look better ..i.e. instead of giving people a chance to say that USCIS is broken they could say ..people will get GC's in 4 -5 years time.

    Check the Family based 4th Category for Phillipines. It is stuck in 1986 for a long time now. That is they have pending applications from 22 years ago.

    I don't think they have any interest in making their system look better. It is what it is.

    07-25 12:53 PM
    Because you are a man and you are from Mars. Men are that way .. they always live in future and somehow completely forget that its the present that they need to live fully and enjoy to the maximum extent. Women live more in present and that's why you will see very few of them stressing themselves out on these forums.

    My wife always reminds me this. According to her, its ok to read forums and keep yourself updates with what's going on ... but don't get to much into it, otherwise you will loose your peace of mind.

    So I have found my own way ... I am completely into these forums and no matter how hard I try I can not escape from it (you remember.. I am from Mars ... worrying about future is my nature ... so after I get my GC, I will find next topic to worry about ... may it will be abut the US economy or may be how my son's future shapes up), but at the same time I try to convert my frustration to a positive energy by thinking new ways to solve the problem, and contributing them to various forums at IV.

    I think you have reached to a state, where you feel disturbed. I would recommend that contribute to IV in a positive manner .... it may be ideas, money, support, organizational work or any other thing. I think this is the only way you can recover from this GC Depression.

    08-21 10:42 AM
    Please refrain from pushing OP to post employer details on public forum. Let it be OP�s weapon of surprise. I wish OP has contacted an attorney for fighting his case. If this is going to be an out of court settlement, then we shouldn�t expect complete details as well. OP's story should be an eye opener for all of us(Employees and Employers).

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