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  • ns33
    02-18 02:18 PM
    Did you ask you lawyer? It's so much easier to criticize.
    My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.

    Not sure if this was answered earlier... however, since this is employment based immigration and every step of the way we've needed to have our employer's approval/sponsorship to do anything; can 485 beneficiary be a plaintiff in such case without their employer's consent? especially if employer is one the the major corps.? how realistic it is to assume that a major corporation. would like one of their H1-B lead class action against USCIS?





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  • chintu25
    02-13 11:14 AM
    Yeah I had the same confusion
    ROW IS REST OF THE WORLD





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  • chanduv23
    05-18 08:31 AM
    Best of luck...sri lankan sinhalese and sri lankan tamils...I hope you can accept each other's perspectives and move away from extreme positions.sri lanka is such a beautiful country. i hope i can visit again and explore the northern areas..here's wishing peace with dignity (not subjugation) for all.

    If you talk to a Sri Lankan tamil - they are under the impression that Sinhalese people are barbaric and we cannot live with them in peace. If you talk to Sinhalese they say the same.

    The thing is - it is difficult to change people's views and opinions. The whole thing about history and religion and discussing what people did thousands of years back and why people are killing now and linking things is just an example of how a human mind is oriented.

    We can clap only if two hands join. If one part seeks peace and the other does not - then it is not as easy as we all preach.

    Lets take the example of how difficult it is for us to get any legislation passed to help clear our backlogs and resolve our issues. Now, why is it so difficult? It is not because the system is noy good - no one other than US who suffer will agree the system is not working. If you step into the shoes of someone from the other side - you will realise that - things are not easy, especially to deal with Beurocracy.

    Will things change? Lets hope for the best - let us atleast do our part by inculcating love and good heartedness in our next generation - let us not tell them - "in history such thing happened thats why I have this opinion and you must also have the same opinion"





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  • texanguy
    10-01 07:14 PM
    in the next 10-20 years, US needs steady stream of educated young working population(say 25-40 yrs olds) to take care of all the commitments of social security and medicare. Babyboomers will soon outnumber the younger generations. immigration is a need for US now more than ever in the known history. employment based immigration is definitely going to increase/needs to be increased at any cost.

    Democrat,republicans,obama,mccain no matter who comes to power, there are good days ahead for EB immigrants. all the trouble that we face today is a result of pandering to the nativist base of the country before election takes place. Once in power, things will change for good...



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  • vasa
    07-03 03:40 PM
    American Dream suspended on the eve of American Independence

    For aspiring immigrants ,4th of July is not just a holiday and fireworks but a promise of all good things that are American , which comes to those who follow the law , live by her rules and wait patiently for their turn to be called Americans.

    Patience is not just a virtue but a way of life for thousands of Legal immigrants who have been living in the US for a number of years . Besides the everyday stress of Job,Mortgage,Health and education of their children they live with the added suspense of when their application for permanent residency ,commonly

    referred as "Green card" will move ahead from its deep slumber.

    To apply for a employment based "Green Card" , a employed worker's company needs to fulfill the

    requirements of the DOS/USCIS and the date the application is received by the department is referred to as the "priority Date". A movement of a month keeps the hopes and spirits high of the applicants and their families and a couple of months is sheer joy. In 2004 there was a negative trend of retrogression of
    the applications in queue and the dates moved back instead of moving front. It implied a waiting period of a couple of years at the minimum. So midway of the application process everything stalled, all eyes turned towards the senate and the house hoping they would mediate and provide respite to this broken situation. Nothing happened and so we waited for the much anticipated CIR as it was told to us that a comprehensive immigration reform will address the situation of the legal immigrants also besides its main agenda to solve the issue of illegal immigrants in this country.

    The CIR died , then mid June the USCIS came up with a bulletin announcing that it will start accepting applications for adjustment of status for all employment based applicants and their dependents ..From then on it was a scramble to fulfill a long list of requirements to be able to apply on time. The first task was
    for my husband to convince his HR to sponsor the process. Since they had already budgeted for the fiscal year and are on a spending freeze , it took a lot of convincing . The HR complied and gratefully we set out to get our Medical exams(at own cost of 150*2).Since we live in a small state with few doctors we
    drove 2 hours to a neighboring state to get them on time. Being a mother of 3 small kids, I could not work on important paper works with them around. So after putting them to bed we spent the entire night pulling out the required documents from archives and placing them in order; numerous phone calls to parents
    back in India to collect their date of birth, place of birth information and completed the questionnaire. Got passport pictures(60$) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on July 2nd..little did we suspect that this was nothing but adding insult to the injury plan by the honorable DOS.. They had already prepared a rude

    shock when they released a bulletin update on July 2nd stating that they will not accept any applications as they had already allocated all the visas for the current fiscal year in a unprecedented action.
    This has left thousand of families like us confused, saddened and in the middle of nowhere.

    We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes, so its not easy to presume that we can pull out or get out of this situation and return to our home countries . We still have faith in the constitution and the spirit of this country and preserve faith that this wrongdoing will be reversed and we will get the opportunity to achieve what we have waited for years in a long queue, abiding by the law and fulfilling all requirements to the
    tee..
    On the eve of America�s independence let justice prevail and urge the congress and the STATE department to undo this monstrous decision of USCIS ..

    God bless America.





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  • DallasBlue
    07-03 07:52 PM
    primetime@abcnews.go.com; 2020@abcnews.go.com thisweek@abcnews.go.com ; nightline@abcnews.go.com ; tmoran@abcnews.go.com ; 60m@cbsnews.com ; arooney@cbsnews.com

    just now sent emails to the above, Request you all to do the same to bring their attention.



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  • samay
    08-07 12:27 PM
    Hi

    Is it ok to work part time (say 10 hrs a week) for a different company using EAD, while working for a primary company on H1B ?

    Thanks

    Yes.





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  • sbabunle
    04-29 12:31 PM
    That means---> Once the labor is approved you have to use it in 45 days.
    ie apply for 140 in 45 days or LC is expired...I'm glad they did not propose to file I485 in 45 days :D

    I think 45 days is too short. Since LC cannot replaced, it cannot be used for anyone else. So I dont understand why they need an expiry date too...At lease a LC should be valid for 6 months.

    But we have to wait and see what the final rule is. There may be some changes fromt he proposed rule.

    babu



    Can you anyone tell what the lines highlighted below in blue means ?

    ************************************************** ******

    RIN: 1205-AB42 Agenda Cycle: 200610

    Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity

    Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).

    ************************************************** *******
    i got the above info from the OMB website below -

    http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657



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  • oguinan
    02-15 06:52 PM
    No claim, just fact. Sure, you can dress up a pig, but some people will still see it for a pig.

    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act

    Racial restrictions which previously existed were abolished in the INA, but a quota system was retained and the policy of restricting the numbers of immigrants from certain countries was continued.

    A couple of points. Firstly it's usually a good idea when quoting wikipedia to include the primary reference that the quote or opinion is based on. A contentious issue like immigration reform produces lots of opinion but not all of it is based on fact. Secondly, there are shocking racial elements in the history of immigration laws in the US. Perhaps it's not that shocking when one considers the racial history of the country. Many people will be familiar with the supreme court case 1923 of Bhagat Singh Thind, a Sikh man who fought for the US in World War I. http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind
    The immigration laws at the time said that only Caucasians could become US citizens. The framers of the law assumed that Caucasian meant "white" while Singh Thind relied on science to prove that people of South Asian origin were also Caucasian. He lost the case with one judge stating "the average man knows perfectly well that there are unmistakable and profound differences".

    My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.





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  • Legal
    07-03 10:37 PM
    I have drafted a letter:


    Dear Reporter/ Senator/ Congressman,

    I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).

    Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation to verifying no US citizen worker was available for a given job) had been filed.

    This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.

    We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.

    Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.

    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2)Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.

    We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.

    Yours Sincerely,



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  • Tito_ortiz
    03-20 12:41 PM
    Hi, I experienced similar situation. This is what I did:
    Upon getting my PR and landing in Canada, I got job offer in the beautiful US. I kept visiting Canada every month, I kept bank account active there, I bought a car in Canada and transferred to the US (that was silly, don't do that) etc just in case I needed to prove certain ties to Canada and it would be transfer car to Canada again if I needed to go back.

    Then 1 year passed. I retained my PR just fine. However, when entering Canada, the immigration officer advised that I was going to end up losing my Canadian PR if I start going back and forth. At that point I applied for the Returning Resident permit. I wen to Canadian embassy in Seattle. Lady who attended me was very rude and told me that working in the US was not a valid excuse to stay out of Canada for 2 years. Then I claimed that I wanted to go back to Canada to open business there with my US experience within 2 years. Lady finally said "you guys don't love Canada, you just love the US". From there she signed the Returning Resident Permanent residency paper for 2 years. Now, five years have passed and I guess my Canadian PR status is unknown. I guess I could just return if I wanted. Last week I went there to visit a friend (it was raining like crazy in Vancouver, BC) and I entered the country without any questions. Therefore if you manage to get in, I guess all my PR status would still be valid.
    I also have my canadian PR. I know that I have to physically stay in CA for 2 years out of 5 to keep it alive. My question is if I enter just before my fourth year and live only for one year in CA .... what would happen ? At the end of fifth year when my PR card expires, will I have to leave CA ? Or is there any other visa on which I can move to or is there a way to re-apply for PR in the last year itself ?

    Basically bcuz of the retregression I want to go to CA but I have seen so many -ve posts about job scene that I am apprehensive. Hence was wondering if I can wait till the fourth year and still this GC mess is not solved would it be possible somehow to stay in CA beyond the fifth year.





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  • tikka
    07-04 12:25 AM
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  • Marphad
    03-27 11:58 AM
    Hey this is not fair! Someone updated poll options.

    Anyways, not a problem. Just teach me how to do it please.





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  • americandesi
    07-11 02:13 PM
    Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.

    I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.

    I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.

    You need not give up your American Dream. Once you get your Canadian Citizenship, you can work in US indefinetly with TN visa.



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  • Rohan99
    07-30 01:20 AM
    psaxena ..... Are you obsessed with GC? This thread is about amway not immigration. Try to learn differentiating

    You need to Grow up instead of saying others. Use your common sense next time you post such things, Read thread topic before writing anything.



    Wait a min , how much had you?? Your status is Member and Kaushal's is a Donor.. wait a min let me think who is donating and who is a FREELOADER here.

    The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.

    No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.





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  • addsf345
    05-29 05:21 PM
    We need to fix the problem of too few visa numbers available to I/C. If the waits in EB2/3 are not long, there is no reason there will be any significant abuse of EB1 visas. You are targetting the a mosquito and ignoring the elephant in the room.

    Gaurav, you are right on the it. I am not saying ignore or accept, but spend your efforts there where you can get maximum return.

    like creating new quota for PHD/Masters, Visa Recapture, removing country limit from skilled EB immigration and NOT counting family members/dependents in yearly limit. If we can get even one of above done, it would give the best mileage as compared to go all after EB-1 abuse. You surely can write to CIS/Ombudsman/whoever but support IV for above efforts.



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  • miguy
    03-20 08:10 AM
    Please see answers in blue below


    You are welcome.


    As much as I see you guys choosing Canada as an option, I also see you misusing that option. If you really want to select Canada as an option then you are better of moving to Windsor and working in Detroit. If you show a canadian address (that means you are living in canada), you should also pay canadian taxes (based on your US income). Just showing a canadian address is no good if you don't pay canadian taxes.





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  • venky321
    01-14 07:15 AM
    The best thing an individual can do is look for a full time job and not worry about things not in his control. I cannot imagine that they will cancel existing visas, so those who have time on their visas left are probably safe.....for now.

    If they are going to phase out of IT contractors from H1B visas by denying all new extensions or new visas, then they will be positions that need to be filled. While they might be a lot of unemployed American programmers they might lack the skills the newest technologies.

    Other than that, this could be a great opportunity for Indian companies as large IT implementations might be completely outsourced now; if companies are unable to staff their projects with H1Bs here.





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  • indiancitizen77
    08-28 09:56 PM
    Thanks for the advice and insight about the situation in Canada. Much appreciate your input.





    sachug22
    09-24 06:40 PM
    If you see the number of application pending in EB2 ROW for 2007 and 2008 they are huge compared to previous years somewhere in hundereds which can mean having the above said issues. The number of applications related to the above mentioned issues cannot spike significantly in just 2007 and 2008. Either the data is old and can mean that these applications are processed and approved and we wait until the new data is posted.

    You can compare this with the PERM data. PERM data has very low EB2 ROW application in a given year and hence has always remained current.

    Is my assumption correct?

    CIS files your application until its time to process. Check the processing dates for Texas and Nebraska service center they are still in second half of 2007. So these applications are filled and waiting for the processing dates to move forward.

    I am not sure if any of your application was delayed due to CIS processing delays, but if they have limited resources they have to go sequentially in order of receipt date (and at time simple approvals AP/EAD could take 4-6 months).





    PlainSpeak
    01-13 03:12 PM
    I think IV should get a new law introduced which changes the surplus visa trickle down policy so that equal number or visas gets distributed between EB3 & EB2. This law will have maximum possibility of getting passed.
    Nuke buddy are you off your rocker. These guys will kill you for even suggesting it. I myselft have taken all kinds of abuses from everyone here and i myself had the presence of mind to not go there. Leave it . That law is the law. Of course it did hurt EB3 but what it did is take the unfair benefit that EB3 was getting because of wrong interpetation of the law. No all that is water under the bridge.



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