Sunday, June 26, 2011

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  • Cavalier
    12-03 11:36 AM
    According to my own experience, all is about credit histories and credit scores. If you have not lived long enough in the US (3 years or more might be enough), you don't have a credit history or you have one but it is insufficient, and financial institutions, mortgage companies, car insurance companies, etc, don't know you, consequently, everything is expensive for you: high car insurance premiums, high mortgage rates, high premium for homeowner insurance...if only they except to do business with you. (By the way, I was denied a credit card, a car insurance...when I first moved to Arizona in 2001; fortunately I was able to keep using anything that was Canadian: car and car insurance, credit card, bank account, etc.). Otherwise you are denied everything. I am talking about my own experience as Canadian Citizen working in the US under H1-B before 9/11 event. It must be harder nowadays.
    Now financial institutions know me, I receive tons and tons of credit card and mortgage offers...and I had to go to this website https://www.optoutprescreen.com/?rf=tto opt-out, so I don't get those ads anymore.
    So you're alone in these disadvantageous financial situations.





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  • realizeit
    02-11 11:53 PM
    Mr MPADAPA,

    I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.

    You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.

    I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.

    To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.

    My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.

    MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.

    If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".

    Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.

    Good luck :)




    realizeit, you just didn't get the unused visa calculation.
    By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.

    Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.

    My complete earlier reply

    Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.

    In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).

    If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.

    In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.

    In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!





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  • addsf345
    01-12 06:49 PM
    not sure what you meant but all your benefits CEASE on the day of your termination in the job..

    Pardon my ignorance Gurus.

    But Hypothetical....what would be the scenario, if,

    - I leave the job-A on 1st of the month.

    - join new job-B on 2nd of the month (very next day) but new employer wants me to complete 30 days before providing medical insurance

    - my job-A insurance company sends me COBRA option in two weeks time as required by law

    - Prior to I fill and send out the COBRA docs (roughly 2 - 3 weeks), I have to make some urgent visit to doctor...say in 1st week (say, on 4th of the month)

    - will my job-A company will deny this claim as they only received my COBRA paperwork by 18th of the month whereas I went to doctor on 4th????





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  • aadimanav
    05-14 08:56 PM
    http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=government&articleId=9085658&taxonomyId=13&intsrc=kc_top

    May 14, 2008 (Computerworld) Efforts to increase the H-1B cap have been stuck in a legislative swamp, but U.S. Rep. Zoe Lofgren (D-Calif.) has introduced three bills in the last few weeks to help foreign nationals already working in the U.S. to obtain permanent residency. She announced her latest legislative effort late Wednesday.

    Fixing the permanent residency, or green card employment-based, visa program has been a top legislative goal of high-tech industry proponents, on par with their efforts to raise the H-1B cap.

    And Lofgren, who heads the U.S. House Subcommittee on Immigration, is in the position to move legislation to the head of the class. But it remains to be seen whether she can jump over the legislative stalemate created by lawmakers who want comprehensive immigration reform or nothing at all.

    Lofgren's latest bill, HR 6039, which is not yet available online, will exempt graduates of U.S. universities with advanced degrees in science and tech -- the so called STEM degrees (science, technology, engineering, mathematics) -- from the annual 140,000 limit on these permanent residency visas. The bill was officially introduced yesterday.

    In a statement, Lofgren said that more than 50% of graudates with advanced degrees in science and engineering are foreign-born. "If we want our economy to continue competing in the global market, we have to retain these foreign students so they compete with us instead of against us in other countries. These men and women are the innovators of tomorrow, and we aren't the only ones looking to retain their talents. Increasingly, employers from Europe, Australia, Canada, and even China and India, are beating U.S. employers for valuable talent," said Lofgren.

    That bill is closely tied to legislation introduced earlier this month by Lofgren, HR 5921. That bill seeks to eliminate the per-country caps on employment-based visas. The U.S. caps at 7% per country the number of employment-based visas issued to would-be visiting workers. "Because of this cap, a Chinese or Indian post-graduate at he top of his/her class at MIT may have to wait half a decade or more for a green card, much longer than a student from a less-populated country," said Lofgren, in a statement released when the legislation was announced.

    Although much of the focus has been on the H-1B cap and its 85,000-visa quota, which includes the 20,000 set aside for holders of advanced degrees, high-tech industry proponents say the difficulty in getting permanent residency for their employees is as much a problem as getting H-1B visas.

    Microsoft has about 4,000 employees for whom it is trying to gain permanent residency, said Jack Krumholtz, managing director of federal government affairs at Microsoft. They face long waits because of the green card backlog, suffering personal and professional frustrations along the way, Microsoft Corp. Chairman Bill Gates testified.

    "We only hire people that we think can contribute to our innovation and corporate bottom line over the long haul, so we move immediately to apply for green cards for you and your family members," said Krumholtz, who said Microsoft is supporting Lofgren's legislative effort.

    The typical path for a tech worker is, first, work after graduation on a student visa -- a period that was recently extended by the Bush administration from a year to 29 months -- and then an H-1B visa until employment-based permanent residency can be achieved.

    Other legislative steps taken by Lofgren include a bill that would take unused employment-based green cards and essentially roll them over for resuse in a subsequent year. That bill is HR 5882. There are Republican co-sponsors for each of these bills.

    Lofgren's across-the-aisle backers of these bills include U.S. Reps. Chris Cannon (R-Utah), Jim Sensenbrenner (R-Wisc.) and Bob Goodlatte (R-Va.).

    Ron Hira, an assistant professor of public policy at the Rochester Institute of Technology, said he believes the U.S. can absorb more highly skilled, permanent immigrants with green cards "without significantly harming the American workforce. But we have to do it the right way."

    Among the issues, says Hira, is the thorny question of "who are we going to grant employment-based permanent residence to?" Educational level attained (bachelor's, masters or Ph.D) and the academic area studied by potential residents are apt to be factors in that.

    Hira said that one "significant problem" with the Lofgren bills "has to do with using exemptions as a way around tackling the decision of how many [to grant]," and he added the plan to "recapture" was a gimmick to get around the quota issue. Among the questions Congress should look at, says Hira, is the impact of the changes; he indicated, for instance, that the legislation may change incentives, prompting foreign nationals to seek degrees from any U.S. school they can because it will be seen as a path to permanent residency.



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  • nepaliboy
    11-10 11:30 AM
    no fp notice yet i am july 2nd filler





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  • vardinishankar
    10-28 01:29 PM
    Yeah... very good, now there is two.... this is the proof why EB is not moving or why there is no unity. Keep on arguing and disunite that is the usual desi NRI habit. especially people in USA.

    Brush your GK about Hindu religion.. and this word is just phrased by a Irish Padri just to fool Hindus and you become a trap of it.. I pity Wake up and dont be in a fools world!
    Not two - just you against none :) Count me out! The other guy quit, and I too am quitting - so you are the sole winner. Hope it makes your day! And does it prove that we are united? I guess EB will move now - now that we are united - and that we have bashed Infy and its founder together.



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  • sandy_anand
    11-02 12:54 PM
    WOW...

    In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!

    I guess people are in a bad mood on a Monday! Gave you a green :D





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  • abhijitp
    01-14 01:36 PM
    ^^



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  • seeking_GC2
    04-02 06:31 PM
    sent both for me and wife





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  • BharatPremi
    11-06 12:07 PM
    I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...

    According to the lady officer all AP approvals were mailed to my home address and she verified my home address as well to make sure whether USCIS has sent them to appropriate address or not.



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  • paskal
    08-24 01:24 AM
    if i may interject in this very health constructive and inspirational discussion for a moment- begging all your pardons please!

    there are posting guidelines
    http://immigrationvoice.org/forum/announcement.php?f=90

    please read them carefully- everyone.
    this is an open forum indeed, rarely do people ever get banned or posts deleted. however, with all rights come some duties and civility is foremost among them.

    the person whose posts some are objecting to is not a moderator. he is expressing his own opinions. i'm quite amazed that he has been labeled one or put at par with moderators/administrators by some here.

    this is indeed an information sharing forum although that's not all it is. i'm sorry the initial poster never got a reasonable reply. really should have.
    as for contribution etc, iv or any moderator is not pushing anyone let alone rudely or being abusive for anything. but lest we all forget, this forum exists because this is a grassroots organization with a commitment to removing retrogression. if that goal gets lost in tourism to the forums, then the forums too will be lost too and very soon. just a gentle reminder for you oh so gentle folks!

    lisap- please visit the home page and scroll down a few inches, start reading from "The issue of Immigration Voice, in a nutshell ". If you still do not understand the goals of this organization, please pm me and i will be glad to help. Btw i'm extremely sorry to hear that you cannot be at the rally for personal reasons, we all understand that each person's situation is different and not always easy. However there are ways we may be able to help you attend if you are motivated. let me know- no harm in trying anyways...





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  • paskal
    12-20 11:41 PM
    http://www.washingtonpost.com/wp-dyn/content/article/2006/12/20/AR2006122001910.html


    both Rajiv Khanna and Shusterman have fought these kinds of high profile cases
    wonder if they might be interested in something like this.......



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  • sunny26
    06-26 05:03 PM
    hi
    we took our photo in cvs . its ok but there is some shadow(ghost image) in few place.Is it ok?


    sunny





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  • Ramba
    09-27 03:05 PM
    It is very simple. The completion of degree occurs only when any one passes all qualifying examinations. Without passing the sublimental exam, you are not qualifed to recive a degree. You latest exam was in 2002. Therefore you completed all qualifying exam only in 2002. Therefore you obtained the degree only in 2002.

    Therefore you must produce the 5 year exp certificate after 2002. If not, convert it to EB3.

    At this time the best option is request them to convert to EB3. Apply another PERM LC with EB3 and file 140 quickly, in case they deny your request to convert to EB3. Dont give up your H1 and H4 status till 140 get resolved.



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  • Legal
    07-20 01:08 PM
    However if you can get visitor visa and after entering america, if you apply for a I-485, most probably USCIS will approve your case. Therefore, In my opinion the challenge is getting B1/B2 visa when her husband is waiting for a adjustment of status.

    No, it is not a question of whether she can get a visitor visa or not. I think the question is whether she CAN RISK applying for a visitor visa? The answer is NO. Filing for her to join or H1 seem to be the only options.





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  • gc4me
    10-30 01:20 PM
    PD: EB3 ROW, Apr 2004, Current now
    I-140 :Approved on Mar 2006
    Invoked AC21 on September and sent all necessary docs. No LUDs then.
    I think ex-employer have revoked I-140 already but not sure (He threaten me in 2007 that he will do so in I invoke AC21).

    Now check this out:
    Soft LUD on I-140 on 10/15/2008.
    Soft LUD on I-485 on 10/24/2008.
    Soft LUD on my spouse's I-485 on 10/27/2008.
    Soft LUD on I-485 on 10/29/2008.
    Soft LUD on I-140 on 10/30/2008.
    Soft LUD on I-485 on 10/30/2008.

    I am clueless! Somebody please help me! :confused:



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  • sanjose
    07-13 03:58 PM
    Congratulations !

    To others,

    How about if IV publishes his brief story( off course with his permission), congratulating him on IV behalf, in all national news paper ( with or w.o his name ) Date of entry, profession, long time wait- reasons and all opportunities he may have missed, couldn't buy house, collage-tution probelms etc and all struggles he has his family might have faced. point by point.

    Money would come from special campaign. NY TIMES, USA TODAY, Chicago Tribune, Washington Post, Miami Herald etc. News paper industry is struggling so won't cost much to buy a half/quarter page with a title - " An untold story of legal immigration" Or similar kind of eye catching title. Not more than 10-12 lines stating thousands others are waiting in line...

    There won't be difficult to get more his kind of cases to run it on regular basis in future.

    Any one ?

    I agree 100%. And send one copy of the news paper clipping to OBAMA !!





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  • santb1975
    01-11 08:37 AM
    Real threads have to stay on top





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  • immilaw
    12-12 12:50 PM
    Great News for EB3 INDIA. Moved 2 weeks and most imp crossed April 30 barrier.

    I hope it doesn't retrogress in future.

    I still don't understand why is EB-2 not moving forward especially that EB-1 is current.





    gcgreen
    08-15 12:49 PM
    my non-lawyerly suggestion: do not file ac21 until well into whichever job you takel

    I have read on various forums that there is no necessity to notify unless there is an RFE, but to maintain appropriate evidence at all times. you may want to consider doing that until you are well settled in whichever job you take.

    by the way, what is your PD?
    hope this helps.

    I have a pending AOS (I-485) application
    filed by my previous employer (company A). The I-140 is approved and is well
    past 180 days. I moved from company A to company B in late April
    2008. They did an H1 transfer and filed for AOS portability under
    AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
    be filed). Just before I moved, I got another offer from company D
    (which I believe best fits my long term career interests). I would've
    avoided the hop to company C had I not given the notice to leave at
    Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
    been at company C for 4 weeks now.

    Question:
    Should company C file an AC21? Since there is already an AC21 on file (by
    company B) and if I will move to company D, can I reduce one additional AC21
    filing? This is just so that there aren't 3 Ac21s filed and to avoid
    making me look frivolous. Please advice. If its safer to file it, I
    can request an AC21 filing soon from company C.





    smc
    09-19 04:33 PM
    Actually, the numbersusa website makes mention of SA 2143 (John Cornyn) of HR 1585,(currently being debated) which according to them allows for recapture of unused EB visas from 1996 and 1997.

    Dont know if it is true or not, they are encouraging their folks to lobby against it.



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