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  • Goodintentions
    01-29 09:16 PM
    Dear All,

    First of all, the idea of this note is to present some facts and thoughts, not to take sides. I am stuck in the GC line for a very long time and I have nothing to gain.

    1. The present GC line is clogged due to the fact that between 2001 - 2003 (or 2004, I do not remember) the H1B quota was increased from 65000 to 130000 and even to 215000 at one point. Most of the skilled folks came from India but there was no proportional increase in GC quota for India

    2. In other words, the US government prefers people to come and work at reduced wages and go back to their native countries. Every year wave after wave of new comers can keep coming, to keep costs low and profitability high, but they will not be encouraged to settle here. Like it or not, Capitalism is all about making money, everything else is secondary!

    3. Many Indian companies stopped processing H1Bs after they realized that despite draconian bonds and vieled threats, the Indian techies on H1Bs switched jobs and started filing for GCs

    4. Currently there is no limit on L1 visas. I am not sure how many actually come with L1 visas, but wherever I have been I have noticed that 80% of the project colleagues hold L1 visas. This implies that this no. could probably run to several thousands. Technically, H1B has been the eyesore to many people who comment about foreign workers though people coming on L1 far outweigh employees on H1. Is this because H1s have the option to file for GC (except ofcourse L1A)?

    5. Under the circumstances, it is not clear how increasing H1Bs will help when there is a continuous inflow of L1 skilled workers over and above the 65000 H1 quota. Further, most of the H1 employees file for their GCs and join the eternal line and the never ending wait. So, in reality (like me) they get stuck with their employers and due to various family commitments, such as grown up children going to high school / college, are forced to pull on and sacrifice their entire active work life, under the threat of job insecurity!

    6. The right and scientific approach would be to take a clear statistical account of all the skilled manpower available (US Citizens, GCs, EAD holders, EB2 / EB3 friends in the endless GC line) and try to map this data with the available jobs and the projected market situation over the next 5 years. Based on the scientific, quantitative analysis the government should decide on bringing in additional workforce. That would be logical and mathematical. There is no point flooding the market and creating social tension.

    7. Instead of further complicating the quagmire of GC, the government should consider granting permanent residency to legal immigrants who have put in 10 continuous years of stay, without any criminal record

    8. It is only in the USA that the system of giving GCs is NOT time bound. In every other western nation, every milestone has a definite pre-defined time period. I do not mind if the US says, "Stay for 20 years to get a GC!" Well , then it becomes a personal choice for one to take it or leave it. Sadly, we do not have this option!

    Let us hope that something will work out before the end of the current term (2012)

    Best wishes!




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  • rsayed
    09-14 01:13 PM
    Your visa will be stamped for the required period - IRRESPECTIVE of your Passport expiry (the only condition being that your passport should be valid for the next 6 months).

    Upon expiry of your passort - you can travel with your renewed (or new booklet passport), though your US Visa remains in the old passport.

    You will need to carry BOTH your old passport (with the US Visa) and the new one, anytime you travel in and out of the US.



    Hi Friends,

    Please read the below query and post any information you have. Thanks in advance for your help !

    I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October

    My current H1 VISA is valid until Nov 2006.

    I am planning to get restmped based on my new H1 petition valid until Sep 2008.

    The problem here is that my passport is valid only until Dec 2007.

    In this case Can I get the new VISA stamped until Sep 2008?
    On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"

    Please post your valuable replies.

    Regards,
    Krishna.




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  • div_bell_2003
    01-09 04:40 PM
    USCIS will give you 2 years EAD if there is no visa available for you i.e. if your PD is currently retrogressed, although we got 2 years EAD in August 08 when our PD was current, which gave me a fair enough reason to believe the "no visa left for EB2 I/C" news that was floating around then :)


    What conditions to be met for getting 2 years renewal? Anyone...
    I am about to send my package to lawyer for AP/EAD renewal, URGENT!




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  • vnsriv
    07-20 03:32 PM
    Can you not get a letter from your church/temple in India?
    Mnay people in India have only the church/temple marraige registration. THEN THEY REGISTER THEIR MARRAIGE (MAY BE AFTER FEW YEARS) IN THE SU-REGISTRARS OFFICE.

    Such a marriage letter, affidavits and your new US marraige certificate shoudl work fine. If an rfe COMES, YOU MIGHT NEED TO EXPLAIN WHY YOU GOT Married in US agian.

    Excerpt from US Embessay

    Religious Ceremonies
    In India, a religious marriage ceremony is considered a legal marriage. However, for Hindus, Jains, Sikhs and Buddhists, the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. Rather, members of these religions may seek a formal marriage certificate from the Registrar of Marriages. If one of the parties is a U.S. citizen, the registrar may request a �no objection letter� from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.

    If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha�i or other religious ceremony, the certificate issued by the religious authority (e.g., the church�s marriage certificate, the mosque�s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.



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  • tabletpc
    03-18 11:01 AM
    If company 'ABC" is a consultant company then..make a deal with them and work thru them for XYZ for 2-3 months and take transfer to xyz.
    Otherwise you have no other option than using EAD.




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  • tampacoolie
    07-05 07:31 PM
    Anyone with US earned income can contribute to 401(k) and IRA. I have my own Roth IRA and employer 401k plan. I contribute to both.



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  • siravi
    08-20 06:15 AM
    Unless, people realize that it is in their interest to spread this grass root effort it is all futile. Do you guys really think that distributing fliers by four guys at the parade is going to make a difference.
    Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
    After all, these were not doing only for themselves but for every one else too.

    What a pitty! :mad:


    Glad you did not turn back!
    Thank you for plugging on and setting a great example! Great job, Sanjeev, Raj, Murali and Kumar, Thank You !!




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  • Jaime
    09-06 04:42 PM
    UK and other countries in Europe must be smoking pot to think that they tap into the pool of skilled migrant workers returning from US. These people are returning back to their home countries primarily due to the recent advancements in their own countries, and to some extent due to the GC & visa mess in US.

    The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).

    Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.

    You are right, but the point here is not whether kicked out U.S. PhDs want to leave the U.S. for Europe, the point is that those PhDs ARE WANTED everywhere, except in the U.S. (regardless of where they choose to settle, which will probably be, like you rightly stated their home countries, where the opportunities are the best)



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  • NELLAIKUMAR
    08-14 11:20 PM
    I feel that getting the EAD will give us more flexibility to survive in this economic condition as well as eligibility for spouse to work.




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  • HawaldarNaik
    11-20 01:13 AM
    I filed for my EAD in August, got an approval for EAD (2 yrs) and AP for one yr but no FP notice. What should I do
    I checked with my lawyer and she says previous FP is valid for 15 to 18 months

    Kindly Advise what should i do...



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  • lazycis
    12-03 11:36 AM
    Lazycis,

    Did you inform USCIS after you invoked AC21? Thanks!

    No. Both times it was a large company (one has an agreement with a big law firm to handle immigration-related issues). I asked my current employer's attorney about it and she told me not to worry, they never had issues with AC21 portability (employer has 120,000+ employees). She was right regarding my case.




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  • BECsufferer
    08-20 07:10 PM
    Unfortunatly none so-far. The only thing I got in email is " your case is yet to be reviewed by an officer"



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  • GCNirvana007
    08-22 09:39 AM
    Anyone still waiting for approval whose PD is within October 2003 EB2?

    Well no one yet, thats a good sign




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  • desi3933
    05-15 04:21 PM
    I got my GC last year august but her gc/485 status is still pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.

    Its ok. Her I-485 can be approved only when PD is current.


    __________________
    Not a legal advice.



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  • waitingnwaiting
    05-20 10:43 AM
    We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,

    Was your question

    We are beneficiaries of my husband on a EB3 petition. due to retrogression issue, I want to sue someone. Whom should I start with?



    Guys

    Lets complete her questions with various possible choices and help her. Happy Friday. :D




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  • clockwork
    07-18 05:03 PM
    Enjoy! :) Only 5 files max allowed. Please follow up the next post.



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  • bobzibub
    10-15 11:32 AM
    AILA has asked USCIS that question 6 months ago.
    USCIS has not answered the question.
    That is why some lawyers say yes, some say no. They don't know what USCIS will say.

    I've emailed the ombudsman to get USCIS to answer and give a legal basis for their answer too.

    We deserve to know.




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  • Blog Feeds
    01-12 07:30 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi6Y6mATO9LCw1ZgJRsoFPDMrGNkqUVEkVtSAyLj4-KjVmP0N9Ee-5Zg9I13oKYY8YF4hMGccgF0BlJ2VGtILvZapjwlK2oKl2Q0Cd-JJd-ox47jyhUpt8pqIiIsEhv6sSctwJfzPk5IV4/s320/2010-01-01+ICE+detention+2.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi6Y6mATO9LCw1ZgJRsoFPDMrGNkqUVEkVtSAyLj4-KjVmP0N9Ee-5Zg9I13oKYY8YF4hMGccgF0BlJ2VGtILvZapjwlK2oKl2Q0Cd-JJd-ox47jyhUpt8pqIiIsEhv6sSctwJfzPk5IV4/s1600-h/2010-01-01+ICE+detention+2.jpg)All Americans should be outraged by the Sunday New York Times report about how ICE officials schemed to cover up the deaths of detainees in detention. http://bit.ly/6p2xlX. The online edition includes a link to a horrifying video of an ICE detainee, Mr. Boubacar Bah, who, after mysteriously suffering a skull fracture, was handcuffed while writhing in agony on the floor in his own vomit, then locked-up in an isolation cell for 13 hours without medical treatment and, finally, transported to a hospital in a coma where he later died.


    It would be one thing if death in ICE detention was a rare occurrence. But, unfortunately, it's all too common. In a related article, also published Sunday, the Times reports about other ICE detainee deaths which were the result of substandard medical care and abuse. http://bit.ly/6gJlXu.


    As I sat down to write this blog, I hoped to pen a stinging piece expressing my anger and calling for a full overhaul of ICE's detention system, not just more press releases and empty promises. But the New York Times articles speak for themselves �107 people have died in ICE custody since 2003 (not counting the immigrants who were released shortly before death so they wouldn't be added to the tally). Added to my anger is the revulsion that I feel toward an agency that is not only incompetent to care for those it locks up, but whose bureaucrats conspire to avoid paying detainees' medical bills and hide from bad publicity, rather than attend to immigrants in their custody. It seems not one of the faceless ICE bureaucrats is ever called to answer for his or her transgressions. Indeed, participating in the abuse and neglect of ICE detainees may have resume value. Just ask Nina Dozoretz, who was the longtime manager of ICE's Division of Immigration Health Services and Vice President of the Nakamoto Group, a company that, according to the Times, was hired by the Bush administration to monitor ICE detention. Dozoretz reportedly participated in the ICE conference calls where officials debated ways to avoid paying for Boubacar Bah's medical care, and came up with a scheme to shift the costs to his indigent relatives before he died. Shockingly, she was recently hired by the Obama administration to overhaul the ICE detainee healthcare system (I guess I won't hold my breath waiting for positive change I can believe in as it relates to ICE health care).

    The abuse is not limited to ICE detainees who are unfortunate enough to become ill or injured while in custody. Last month Chris Crane, Vice President of the Detention and Removal Operations of the union representing approximately 7,200 ICE employees who work in detention and removal operations, testified before the U.S. Congress. He described the abuse faced by immigrants detained at facilities run by private contractors and seriously questioned ICE's will to investigate and police the system.


    I have been told that some contract workers in certain facilities have allegedly engaged in consensual sexual misconduct with detainees and it has also been alleged that there have been instances in which contract guards have raped female detainees. It is also alleged that contractors are smuggling contraband into the detention facilities. In areas near the southern border of the United States where contract workers also assist with the transportation of detainees, it has been alleged that contract guards have been involved in, and arrested for, smuggling foreign nationals into the United States. If any of these allegations are true, it certainly begs the question, "what is ICE doing to stop these problems?" As one veteran ICE officer stated to me last week, during a conversation regarding contract guards smuggling contraband into detention facilities in his area, "ICE managers are well aware of the problems in the contract facilities, but don't seem interested in doing anything about it." While this statement may surprise many in the American public, it would not surprise ICE employees who are well aware of problems within ICE management and the unethical manner in which ICE internal investigations are conducted.


    Frankly, I have read enough articles about abuse and death in ICE detention. There can be no doubt that the system is corrupt to its core. Can you imagine if, instead, the Times had reported that an American had died in Iranian, North Korean, Cuban, or Syrian custody under similar circumstances? We would all be incensed. The Administration would call for heads to roll, impassioned speeches would thunder on the floor of Congress, and the blogs and media pundits would rage. But the cruelty described by the Times is homegrown. It is endemic to the ICE detention system and will continue unless something is done to stop it.


    Several months ago homeland security secretary Janet Napolitano and ICE assistant secretary John Morton announced a review of the ICE detention operations with the stated goal of creating a "truly civil" detention system. In light of what we now know, that effort is too little, too late. The ICE detention system is a national disgrace, requiring President Obama to take immediate steps to protect the constitutional, civil, and human rights of ICE detainees, including,



    Suspending ICE's detention authority by placing it in receivership with the Department of Justice pending a full investigation of the abuse and deaths in detention;
    Ordering a top to bottom review of ICE, in particular its detention and removal operations, with the goal of overhauling the agency so that the human rights of ICE detainees will be respected and the rule of law enforced; and
    Ordering the Department of Justice to commence appropriate civil and criminal investigations of all deaths in ICE detention and pursue all appropriate civil and criminal remedies.
    We owe it to the families of the 107 people who died in ICE custody to see to it that the abuse, neglect, and deaths are stopped once and for all. Maybe then they will be able to take comfort in the fact that their loved ones did not die in vain.

    https://blogger.googleusercontent.com/tracker/186823568153827945-3721695949729474764?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/01/secret-horror-stories-death-and-abuse.html)




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  • pradeepd
    01-23 12:12 AM
    Hi,

    I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)

    I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns

    1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
    2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
    3) Or is it advisable to go to india and get it stamped

    My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.

    I need your urgent help and all of your comments and suggestions are greatly appreciated.

    Thanks,
    Sudha




    gc_on_demand
    07-14 10:47 AM
    I am aware of that backlog but just want to apply as a backup. I just want to know if applying for I 130 while I 140 is approved is there any conflict ?




    rsdang
    08-22 12:11 PM
    I am not 100% sure on this reply ....

    As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.

    Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.

    You may want to check with some good attorney though.

    Sorry, not much help.

    Good luck.
    GCCovet

    You H1-B is not voided when you use the EAD and effectively you can go back to using H1-B.

    They do not stamp your Visa with - "voided without prejudice" which they do when you change your visa type normally or apply for a renewal before the last one has expired.

    NOTE - the assumption is that the H1-B is the underlying petition on which you are now seeking immigration.

    Border immigration officer may ask you to use the Ap if you have it and that is totally officer dependent. There are no clear guidelines on that one...

    Hope this helps



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