Friday, June 24, 2011

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  • karanp25
    07-11 11:36 AM
    I can understand the excitement. I am also in EB2 2005 PD. But the fact is that, this seems like a temporary movement only...i don't think dates can stay at 2006, going by simple math.

    PPl can give me those red marks, but i think dates will retrogress again by Oct.




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  • jelo
    08-12 01:34 PM
    Political leaders are same in every country and this is to appease the very vocal anti H1b citizens. They could have done 100 different things, which would really help the citizens. When we tried to hire a Hyperion report developer on a short term project, 45 of the 50 resumes were from Indians. Other 5 resumes we chose to interview were ridiculously unrelated. This scenario will leave the company to outsource the complete project, which also eliminates other 5, 6 surrounding non specific tech/non tech jobs. He misleads the congress saying purpose of H1b is to invent the products which is really to keep the sufficient pool of specialty skilled people for the businesses. This bill is certainly short cited.




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  • 2BeeNot2Bee
    09-14 06:45 PM
    If Substution labor was ethical, PD porting from EB3 to EB2 is ethical.
    Ithink PD Porting might be legal at this time but not ETHICAL.

    If substitution was unethical, July 07 out-of-turn PD flood which has created a HUGE backlog is unethical, if that is unethical, PD porting is also unethical.




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  • mita
    09-10 12:35 PM
    USCIS takes two steps(2 years) forward than takes three steps(3 years) backwards. When it takes forward steps, it confuses everybody by it's stupidness of approving later PD cases and than moves backwards after realizing it's blunder. In this whole process, we spend time analyzing, debating, chatting on what USCIS will do next but they throw all our logic out the window and go their own way. This whole process sucks!!!!
    You see in the real world everything moved 1 year ahead from October 2007 to October 2008. So in USCIS world also it moved by 1year.



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  • beppenyc
    03-16 10:10 AM
    I have just called, same answer...




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  • soarin3655
    10-19 09:16 AM
    Hello,

    My wife's NJ license expired too and so was her EAD last month when we went for License renewal (Sept 2010). We had already applied for her EAD renewal which was in process a couple of days before we went.

    It was renewed till Feb of 2011.

    I would suggest you to take the following along with other stuff (to make up the 6-point ID):
    1. Whatever I-94 that is attached in your PP.
    2. Your expired EAD card.
    3. Your EAD renewal receipt.
    4. Just take along H-1B renewal receipt too (but it will not be of any help really).

    We went to Wayne DMV in Passaic county (NJ).

    Hope you get your license back soon.



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  • GayatriS
    01-05 08:50 PM
    He is saying what is the truth. Do you believe that Indian universities are as good as American? If so, why do we come here?

    Listen to what he says about how India is racing ahead despite all the problems with education. I was disgusted with the quotas and poor education in India.

    Learn to deal with the truth whether you are Indian or American!!


    ya just because u need green card, you agree with professor sahib. once u get ur green card u will also talk bad about india and indian workers.. i think gone r days when it was a cheap labor.. do u think our education systems/colleges IIT's/REC's are crap.
    just because he favored GC applicant you should not agree..he straightway projected india as third world nation in eductaion, resource quality etc ..




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  • willwin
    04-01 11:53 AM
    If the system is flawed, any effort to work it out to get things done would seem incompetent and inefficient. First off, this guessing game by USCIS of estimating visa applications and asking for visa numbers from DHS is so neondartal and ridiculous.

    Process must be automated and centralized to eliminate any human intervention in performing guesstimates. A pool of visas must be made available in the system and must remain available for the next year to be carried over if needs be. That would eliminate pressure on officials to play the game in the dark and rush like maniacs at the end of the fiscal year to catch frogs!

    With all the revenue and system they have, do you think this is so tough to streamline? I doubt.

    They can, at the minimum, have the cases in sequence, process per FIFO, control PD movements logically. The minimum they can do, easily.



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  • needhelp!
    03-12 03:40 PM
    Please do not convince your friends.

    If you are yourself not contributing, how will you convince them to contribute. :D
    Agree with you.




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  • Raju
    07-06 01:35 PM
    66K plus 60K still only makes 126K, do they still have another 20K or so? How does the math tally here?

    I think this all boils down to them wanting to clear the 485 backlog without accepting any more 485s all while not wasting any visa numbers for this year.
    In an effort to juggle all these issues, they screwed it all up.

    Bottom line is they want to streamline the system such that they don't have "unapprovable" 485s in the system. They have caught on to the way the lawyers and us legal immigrants were filing 485s to get our foot in the door then sitting tight for eons. They simply don't want that. They either want you here on a visa or on a green card straightforwardly. Thats what I am getting from all this.

    There are about 18K CP cases.



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  • Humhongekamyab
    06-11 12:42 PM
    Instead of ruining our life running after GC, here are few options

    1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
    2) cash out your investments and move to India. you might end up back in US on L1 :)
    3) since some of us have had babies here, wait till they can sponsor you.

    i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.

    Let's stop wasting our time and pages on ALTERNATIVES (Canada, Australia, India, or timbaktu). Those who are serious about the alternatives just opt for those. We are here to fight our case for increased visa numbers and lets do that.




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  • mirage
    08-18 08:18 AM
    What you are saying is absolutely right and there is no doubt what you are doing is the need of this hour but my guess is most of the people who are still waiting from 2001.2002 or 2003 have some reasons to Not do it. For me my employer is not ready to take the pain of going thru another GC process, even though I pay all the expenses, and I am not able to find a sponsor, I'm sure there are many in similar situation..
    You are forgetting the re-distribution of spill over rules which has affected the processing speed of different categories. So it doesnt matter how many numbers are pending in EB3 past years, its surely greater than the country limits based on past visa usage data. So it does make a lot of sense to port to EB2. Some one who applied in EB2 India in 2008 is likely to get GC before someone who applied in EB3 India 2003/2004 based on current situation.



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  • susie
    07-15 11:32 AM
    2 0f 2



    Jack, Mary and Sundeep

    Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.

    Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.

    Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).

    He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.

    Education

    Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.

    If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.

    To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:

    1. Has a residence abroad;
    2. Has no immediate intention of abandoning that residence; and
    3. Intends to depart from the USA upon completion of the course of study.

    Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,

    it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]

    However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.

    Jack

    Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.

    Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.

    During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.

    However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.

    The Need for Reform for the Children

    Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!

    Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:

    * He is not allowed to live in his home with his friends and family automatically;
    * The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
    * The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.

    The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.

    Help for the Children of Illegal Migrants: The DREAM Act

    Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.

    Reporting Errors

    This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.




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  • senthil1
    07-05 01:31 PM
    Still some Senators does not understand difference between H1b issue and GC backlog and how can they understand the Administrative issue like this. But Congress women Lofgren will get reply for her letter from DOS and USCIS.

    I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.

    We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.



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  • mirage
    08-18 02:52 PM
    Please don't wait to reach a consenus on the content, take a cue from this letter and modify it to put your own experience..bottomline is to get the word out to Senator Cornyn & Rep. Lofgren. I am sure they will do something if we can get them this info...
    Please continue to post your comments on the letter - the sooner we can all agree upon the content, the sooner we can start sending these out.

    Also, is there a possibility of having a common meeting (all retrogressed EB3 candidates) with Congresswoman Zoe Lofgren expressing our situation - just a thought.




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  • singhsa3
    07-20 12:26 PM
    Guys,
    The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!


    A Total I-485 Applicants: 750000 Applicants
    B Each EAD processing time: 5 Minutes
    C Total processing hrs: 62500 Hours
    (Calculations: AxB/60)
    D Daily productive Hours: 5 Hours
    (It is a government body!)
    E Total Man Days (Business Days): 12500 Man Days
    (Calculations: C/D)
    F EAD Workforce: 30 People
    G Total Business Days: 417 Days
    (Calculations: E/F)
    H Average Business Days in a month: 21 Days
    I Total Clearing Time : 20 Months
    (Calculations: G/I)



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  • lkyme
    04-25 12:13 PM
    That is a wonderful proposal and should be given due weight. Despite the early arrival, an individual may not filed his/her GC due to several reasons. Most commonly found / heard are
    1. Company closures/ Layoffs / Transfer to different state
    2. Employer / attorney delay and / or fraud in filing GC
    3. Delays in processing Labor in certain states / backlog centers

    This proposal seems a ray of hope for people in the above category. God bless Rajeev74 and all. Let this be heard and got attention at the policy level.




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  • desi485
    11-26 02:00 AM
    bkn96, Thanks a lot for this information.

    Guys, I was just wondering whether we can talk to Ron Gotcher/Greg Siskind to take up our case with AILA or USCIS. Ron Gotcher seems to be very very unhappy about this wrong doing of USCIS. Any suggestion?

    Someone pointed that AILA recently discussed this issue with cis, and rule is still under development. There was a link posted to a PDF somewhere on this/similar thread. I will try to find and post a link here!




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  • Gravitation
    12-18 11:12 AM
    I'm a great believer in Gandhi's beliefs.

    They're not applicable in this situation however.

    You need to hunger-strike when your lawmakers don't listen to you when you have no representation.

    Here, lawmakers will listen if you know how to lobby.

    A lot of people try to copy Gandhi's actions literally. Copy the philosopy if you must, not the direct actions.




    santb1975
    05-24 07:19 AM
    Please contribute




    om5454
    01-22 12:28 AM
    I was going thru your question, I am kind of in the same boat. My PD is Jan'04 in EB3. Filed 485 for self and wife in Jul'07.

    Did you get answer to your question ?



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