bkarnik
09-20 03:46 PM
Moderators
Please update members count and money collected in Action Alerts page, which will encourage other members to contribute and guest visitors to become members. It has not been updated for long time and members are requesting this update for a while.
Thanks to all the guys who have started to contribute. A formal request will soon be placed in the newly created update thread in Members only area with link placed in this thread. The thread in the members area will also have a counter showing the latest amount received on a daily basis, in addition to the action alerts page bieng updated.
Members are requested to post their contributions on this thread so that others can be encouraged.
Thanks,
BKarnik
Please update members count and money collected in Action Alerts page, which will encourage other members to contribute and guest visitors to become members. It has not been updated for long time and members are requesting this update for a while.
Thanks to all the guys who have started to contribute. A formal request will soon be placed in the newly created update thread in Members only area with link placed in this thread. The thread in the members area will also have a counter showing the latest amount received on a daily basis, in addition to the action alerts page bieng updated.
Members are requested to post their contributions on this thread so that others can be encouraged.
Thanks,
BKarnik
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eb3_nepa
03-20 12:13 AM
Hi,
One more suggestion on Faxes. Instead of sending mass faxes to senators/congressmen. Can we do this. Delegate people (via a conference call) in each state and then send ONE fax to every congressman/senator and ask the IV delegate in that state to follow up with the authorities there as to whether they got the fax or not. Now this fax will have the banner of Immigration Voice. This way they know that an individal is not writing to them but an Organization of Legal Skilled Immigrants is faxing them. Somehow that seems like a more professional approach rather than just ad-hoc faxing. We have time to do this as well. Right now we are not contacting anyone, coz we are not sure about the right path ourselves.
One more suggestion on Faxes. Instead of sending mass faxes to senators/congressmen. Can we do this. Delegate people (via a conference call) in each state and then send ONE fax to every congressman/senator and ask the IV delegate in that state to follow up with the authorities there as to whether they got the fax or not. Now this fax will have the banner of Immigration Voice. This way they know that an individal is not writing to them but an Organization of Legal Skilled Immigrants is faxing them. Somehow that seems like a more professional approach rather than just ad-hoc faxing. We have time to do this as well. Right now we are not contacting anyone, coz we are not sure about the right path ourselves.
VJDJ
07-09 09:28 AM
Guys,
I have sent the details about Example 2 on Page 10 of the memo to attorney Matthew from OH Law Firm to seek his opinion. I had asked him to post it on his website for the benefit of employment based immigrant community. I am posting the response from his website. You can also read this response on his website, immigration-law.com.
As you can see in the last sentence, he clearly says there is no need to panick because this has been the law all along and has not been interpreted correctly by immigrants.
07/09/2009: "Unlawful Status" for I-485 Applicant Failing to Maintain Nonimmigrant Status in the USCIS Consolidated Memorandum on "Unlawful Presence" Pushes Immigrants to Confusion and Edge
* Some employment-based immigrants have read "out of the context" the part of the USCIS recently released consolidated memorandum on unlawful presence that defines I-485 waiters not maintaining a nonimmigrant status as "unlawful status" and who are subject to removal proceeding, pushing themselves into confusion and fears. In fact, this part of the consolidated memorandum is nothing new in that all along it has been the law that the I-485 applicants who fail to maintain a nonimmigrant status and stay and work on EAD are not nonimmigrants and "not in status." Since an alien in "not in status" (unlawful status) can be subject to removal proceedings, there is nothing wrong with that part of the consolidated memorandum. However, these readers missed another part of the consolidated memorandum that states that because of prosecutorial discretion and related rules, such I-485 applicants are considered "in authorized to stay" (lawful stay). The language "in authorized to stay" not only means that the unlawful presence that triggers bar to admission is "tolled" but also means that such aliens will not be prosecuted for the unlawful status inasmuch as they are in a valid I-485 proceeding. Flip side of the coin of this law is that since such alien is not "in status," once I-485 application is denied, they lose the basis of the "in authorized to stay," and the government can initiate the removal proceedings unless the aliens depart from the country voluntarily. For the reasons, some I-485 applicants have strived to maintain a H or L visa status adamantly against the potential denial of I-485 applications, but it is completely different issue from current misunderstanding within the employment-based immigrant community that the government can start removal proceedings simply because their status is unlawful and they can be subjected to a forced removal from the country simply because they decided not to extend their nonimmigrant status pending I-485 applications. People should stop panicking on this issue.
I have sent the details about Example 2 on Page 10 of the memo to attorney Matthew from OH Law Firm to seek his opinion. I had asked him to post it on his website for the benefit of employment based immigrant community. I am posting the response from his website. You can also read this response on his website, immigration-law.com.
As you can see in the last sentence, he clearly says there is no need to panick because this has been the law all along and has not been interpreted correctly by immigrants.
07/09/2009: "Unlawful Status" for I-485 Applicant Failing to Maintain Nonimmigrant Status in the USCIS Consolidated Memorandum on "Unlawful Presence" Pushes Immigrants to Confusion and Edge
* Some employment-based immigrants have read "out of the context" the part of the USCIS recently released consolidated memorandum on unlawful presence that defines I-485 waiters not maintaining a nonimmigrant status as "unlawful status" and who are subject to removal proceeding, pushing themselves into confusion and fears. In fact, this part of the consolidated memorandum is nothing new in that all along it has been the law that the I-485 applicants who fail to maintain a nonimmigrant status and stay and work on EAD are not nonimmigrants and "not in status." Since an alien in "not in status" (unlawful status) can be subject to removal proceedings, there is nothing wrong with that part of the consolidated memorandum. However, these readers missed another part of the consolidated memorandum that states that because of prosecutorial discretion and related rules, such I-485 applicants are considered "in authorized to stay" (lawful stay). The language "in authorized to stay" not only means that the unlawful presence that triggers bar to admission is "tolled" but also means that such aliens will not be prosecuted for the unlawful status inasmuch as they are in a valid I-485 proceeding. Flip side of the coin of this law is that since such alien is not "in status," once I-485 application is denied, they lose the basis of the "in authorized to stay," and the government can initiate the removal proceedings unless the aliens depart from the country voluntarily. For the reasons, some I-485 applicants have strived to maintain a H or L visa status adamantly against the potential denial of I-485 applications, but it is completely different issue from current misunderstanding within the employment-based immigrant community that the government can start removal proceedings simply because their status is unlawful and they can be subjected to a forced removal from the country simply because they decided not to extend their nonimmigrant status pending I-485 applications. People should stop panicking on this issue.
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walking_dude
01-22 12:05 PM
Sorry friend. You are out of luck. Read the new MI SOS rule for new DL applicants.
http://www.michigan.gov/documents/sos/Applying_for_lic_or_ID_SOS_428_222146_7.pdf
Similar rules are going to be issued for renewals soon. Since the rule is going to be based on Michigan Attorney General's interpretation of law that only permanent residents can be issued DLs, don't keep your hopes high that Renewal rules will be much different.
Ms. Lynd as Secretary of State can only issue rules that follow MI law. She cannot change the law. She has sent a proposal to MI legislature to change the law so that legal temporary visa holders can be issued licences. Until and unless, Michigan legislature passes that law ( note that there's currently no such bill which includes Ms. Lynds proposal).
You better get your DL renewed before the new rules for renewals are issued, that is if your DL is up for renewal. ou can drive using home country licence (you need to ask SOS if your country has an agreement with MI state), or using 'International Driving Licence' (IDL) issued in your home country. IDL is usually issued for only one year and needs to be renewed every year.
What is the current procedure for renewing DL in MI if you are on H1B and have pending I-485?
Comments from someone whose been through the current process would be appreciated.
http://www.michigan.gov/documents/sos/Applying_for_lic_or_ID_SOS_428_222146_7.pdf
Similar rules are going to be issued for renewals soon. Since the rule is going to be based on Michigan Attorney General's interpretation of law that only permanent residents can be issued DLs, don't keep your hopes high that Renewal rules will be much different.
Ms. Lynd as Secretary of State can only issue rules that follow MI law. She cannot change the law. She has sent a proposal to MI legislature to change the law so that legal temporary visa holders can be issued licences. Until and unless, Michigan legislature passes that law ( note that there's currently no such bill which includes Ms. Lynds proposal).
You better get your DL renewed before the new rules for renewals are issued, that is if your DL is up for renewal. ou can drive using home country licence (you need to ask SOS if your country has an agreement with MI state), or using 'International Driving Licence' (IDL) issued in your home country. IDL is usually issued for only one year and needs to be renewed every year.
What is the current procedure for renewing DL in MI if you are on H1B and have pending I-485?
Comments from someone whose been through the current process would be appreciated.
more...
waitnwatch
03-29 07:35 PM
03/29/2006: Advanced Degree vs Doctoral Degree, and EB Cap Exemption vs Special Immigration Benefits
.... However, PACE Act attemps to distinguish between the U.S. doctoral degree holders vs. non-U.S. doctoral degree holders. Additionally, the Act distinguish U.S. doctoral degree holders vs master degree holders (both U.S. and foreign earned) when it comes to the specific benefits.
Close reading will reflect that U.S. doctoral degree holders will benefit from special immigration process without labor certification but they will be subject to the annual EB cap. Meanwhile, advanced degree holders (including foreign degree) with three years of qualified employment in the U.S. or advanced degree holders with the National Interest Waiver will not be subject to the numerical limit in immigrant quota, but will be required to go through the labor certification or other immigrant petition process....
I guess then that a doctoral degree holder with over 3 years of work experience does not go through either labor certification or comes under the cap. I guess the SJC and Frist bills donot have the "no labor" clause. I haven't seen the PACE language though. By the way I assume all these provisions are only for STEM.
.... However, PACE Act attemps to distinguish between the U.S. doctoral degree holders vs. non-U.S. doctoral degree holders. Additionally, the Act distinguish U.S. doctoral degree holders vs master degree holders (both U.S. and foreign earned) when it comes to the specific benefits.
Close reading will reflect that U.S. doctoral degree holders will benefit from special immigration process without labor certification but they will be subject to the annual EB cap. Meanwhile, advanced degree holders (including foreign degree) with three years of qualified employment in the U.S. or advanced degree holders with the National Interest Waiver will not be subject to the numerical limit in immigrant quota, but will be required to go through the labor certification or other immigrant petition process....
I guess then that a doctoral degree holder with over 3 years of work experience does not go through either labor certification or comes under the cap. I guess the SJC and Frist bills donot have the "no labor" clause. I haven't seen the PACE language though. By the way I assume all these provisions are only for STEM.
pscdk
07-30 02:19 PM
Called all of the representatives..
more...
gauravsh
07-02 02:11 PM
it also mens, if my h1 has expired and is new petition is under processing from USCIS than I am not in legal status. right???
Time to go back to bharat mata!!
Time to go back to bharat mata!!
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gclongwaytogo
10-12 09:32 AM
July 2nd
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July 5th
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more...
go_gc_way
09-07 11:32 PM
Can we try for moderate provisions this time? I am inclined to think after reading so much in to these things, that trying to put some permanet relief to retrogression and thus trying to add to existing quota may attract wide discussion and may not get agreed to? A moderate measure like recapture of VISA may be a good idea for now.
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ramudu
11-18 05:14 PM
Finally i got my EAD approved after 116 days of physical and mental torture by USCIS and i guess now i need to fight for the Physical card. I thank the postings on this forum and it really helped me in every stage. I guess finally only my congressman could help.
more...
senthil1
06-13 07:04 PM
Why are you skeptical about everything? Now you are able to file I485 and celebrate and file it. When PD goes back see that time. Some thing is better than nothing. If you get gc you will worry about citizenship.
You didn't read my post clearly. This happiness is only good for couple of months and it will be back to retrogression again especially for India & China as stated by alterego at above post. By that time, it will take longer time to get for GC as it is now because there will be tons of pending I-485 with only limited visa number.
You didn't read my post clearly. This happiness is only good for couple of months and it will be back to retrogression again especially for India & China as stated by alterego at above post. By that time, it will take longer time to get for GC as it is now because there will be tons of pending I-485 with only limited visa number.
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tom
07-26 05:51 PM
Important -
Not sure why everybody are so panic about this. Please read the UCSIS recent FAQ. They clearly mentioned at Q15 that there will be delay in processing for backlogged countries. That means..they will accept all applications whether visa# is available or not.
Not sure why everybody are so panic about this. Please read the UCSIS recent FAQ. They clearly mentioned at Q15 that there will be delay in processing for backlogged countries. That means..they will accept all applications whether visa# is available or not.
more...
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nonimmi
09-20 02:49 PM
This immigration issue has made many "Spiritual Guru" who can give some greats (like - AB and PM) run for their money. Many members are getting the benefit and learning from them how to live normal and healthy life. Thank host for this too.
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senthil1
09-25 08:41 PM
Your analysis is correct. There is abuse in H1b program of course not majority. But if H1B is increased with many exemptions then abuse will increase. If Durbin bill is not suitable for preventing abuse then alternative should be suggested. Everyone are opposing Durbin bill but no one is suggesting alternative. If Bill gates or Corporations suggest unlimited H1b and Gc at the same time if he suggest suitable idea for preventing H1b abuse and American job displacement then Senate will pass with almost all Senators voting for it. Bill Gates or Corporations cannot do that as they do not know about the abuse or they do not want to know.
This almost seems like a tit for tat. Sen. Durbin introduced his and Grassleys ammendments as soon as Sen Cornyn did his.
We all have to admit that there has been abuse in the H1b program. That said there is some room for improvement in their (Durbin/Grassley) ammendment and that is where we should focus. If we do so then we can live with the rest of it. Some of the parts of it are actually not that bad and actually a few help us by putting a more firm responsibility on the employer.
They are really out to get the outsourcers here. In all honesty, it is in the US interest that they do so, it is just that they might kill the consulting industry while they are at it. We need to suggest an alternative.
The other thing is that, if there is less outsourcing and consulting then there will be more full time jobs as well, since the manpower is nevertheless required.
Of course the real carrot for us all is that if Sen. Cornyns provisions stand, then green card delays will be mostly administrative/bureaucratic and not visa number shortage. Nearly everyone will benefit from it.
This might be a trade off we need to support. This will be no small victory.
This almost seems like a tit for tat. Sen. Durbin introduced his and Grassleys ammendments as soon as Sen Cornyn did his.
We all have to admit that there has been abuse in the H1b program. That said there is some room for improvement in their (Durbin/Grassley) ammendment and that is where we should focus. If we do so then we can live with the rest of it. Some of the parts of it are actually not that bad and actually a few help us by putting a more firm responsibility on the employer.
They are really out to get the outsourcers here. In all honesty, it is in the US interest that they do so, it is just that they might kill the consulting industry while they are at it. We need to suggest an alternative.
The other thing is that, if there is less outsourcing and consulting then there will be more full time jobs as well, since the manpower is nevertheless required.
Of course the real carrot for us all is that if Sen. Cornyns provisions stand, then green card delays will be mostly administrative/bureaucratic and not visa number shortage. Nearly everyone will benefit from it.
This might be a trade off we need to support. This will be no small victory.
more...
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kevinkris
03-10 02:14 PM
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swamy
01-12 04:30 PM
I dont understand the ugly urgency in turning off access - especially since this site is run by volunteer staff who have other things to do and cant keep on top of things continuosly! And its plainly insulting to someone who has contributed continuously for more than 2 years
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spdy_mn
06-13 07:13 PM
Could there be an error in the bulletin? Did anyone cross check with USCIS?
I don't think so, it takes a lot of errors to fill "C" in all the columns. If the bulletin is a mistake then this would be the one of the cruelest jokes ever. :(
I don't think so, it takes a lot of errors to fill "C" in all the columns. If the bulletin is a mistake then this would be the one of the cruelest jokes ever. :(
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Raj2006
06-13 06:10 PM
I filed my GC from a different employer than my current employer. I got labor approved and 140 is pending. Can i file 485 also under future employment, without changing my H1? please reply.
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FUNTIMES
11-28 05:46 PM
My attorney called National Customer Service after the 90 days of filing. They told him that he has to wait 15 more days, and if no actions, call again, so they can begin an investigation. He called again, and the customer service representative told him that an e-mail would be sent to the Service Center where my case was sent and gave him the confirmation #.
Thanks again.
Thanks again.
Tito_ortiz
11-17 07:32 PM
Now hold your head up, Jimi. Sen. Pelosi is very astute, and she's got the "key" for the House now.
They can always a pull a quick one and pass at least something on our behalf. Let's have at least hope.
Have a good weekend.
Tito
Are the democrats shying away from passing any immigration related law? If we are to go by all the newspaper reports on this topic and the democrats' muted post-election stand on immigration and the absence of any immigration related topic in the first 100 days agenda declared by democrats ; it definitely seems like they have their heads in the sand.
Comments?
They can always a pull a quick one and pass at least something on our behalf. Let's have at least hope.
Have a good weekend.
Tito
Are the democrats shying away from passing any immigration related law? If we are to go by all the newspaper reports on this topic and the democrats' muted post-election stand on immigration and the absence of any immigration related topic in the first 100 days agenda declared by democrats ; it definitely seems like they have their heads in the sand.
Comments?
Administrator2
09-28 04:52 PM
I still remember heated debates in various forums on how much backlog and how it is computed during my wait time. Kudos to IV to bring out these numbers from USCIS.
Based on my PD the following are the details:
Result based on FOIA data
Your position is 72 in the Green Card Queue based on your Country of Chargeability "India", Priority Date "Jul-01" and Category "EB3" .
Your Expected Date of Adjudication is Sep, 2009. :D
Result based on USCIS data
Your position is 727 in the Green Card Queue based on your Country of Chargeability "India", Priority Date "Jul-01" and Category "EB3" .
Your Expected Date of Adjudication is Dec, 2009. :p
Lucky I got GC couple of years back :cool:
Thanks nlssubbu, for your input, glad that your GC was approved couple of years back. And so was the GC application of other fortunate folks with priority date in 2003, 2004, 2005, 2006 etc. But there are people from 2001 onwards who are still pending in the system because dates retrogressed and hence the term "Retrogression". Then there could be those from 2001 onwards who have not yet filled I-485, and they will question that how will I get my green card/I-485 approved in Dec-2009 if I have not yet filled for my AOS. And the simple answer is that that's when the dates are expected to be current based on the available data and based on how CIS/DOS applies the law. Its not a perfect tool, no tool is, but its just a mechanism to provide the community with an estimate of how things could unfold for each one of us.
I am just trying to clarify for others and for those who will blame IV for providing this tool. There are many external factors driving the dates of VB and as it stands even CIS or DOS cannot list all those factors. So even CIS cannot provide an accurate estimate.
Its impossible for anyone to predict the future, and this tool is not designed to make an attempt in predicting the future. It just does simple math based on the pending applications. The criteria for the calculation is provided on the same web page within the tool.
If we can clarify again. please take this as a rough estimate of the time-line based on the current size of backlog for the pending applications.
Based on my PD the following are the details:
Result based on FOIA data
Your position is 72 in the Green Card Queue based on your Country of Chargeability "India", Priority Date "Jul-01" and Category "EB3" .
Your Expected Date of Adjudication is Sep, 2009. :D
Result based on USCIS data
Your position is 727 in the Green Card Queue based on your Country of Chargeability "India", Priority Date "Jul-01" and Category "EB3" .
Your Expected Date of Adjudication is Dec, 2009. :p
Lucky I got GC couple of years back :cool:
Thanks nlssubbu, for your input, glad that your GC was approved couple of years back. And so was the GC application of other fortunate folks with priority date in 2003, 2004, 2005, 2006 etc. But there are people from 2001 onwards who are still pending in the system because dates retrogressed and hence the term "Retrogression". Then there could be those from 2001 onwards who have not yet filled I-485, and they will question that how will I get my green card/I-485 approved in Dec-2009 if I have not yet filled for my AOS. And the simple answer is that that's when the dates are expected to be current based on the available data and based on how CIS/DOS applies the law. Its not a perfect tool, no tool is, but its just a mechanism to provide the community with an estimate of how things could unfold for each one of us.
I am just trying to clarify for others and for those who will blame IV for providing this tool. There are many external factors driving the dates of VB and as it stands even CIS or DOS cannot list all those factors. So even CIS cannot provide an accurate estimate.
Its impossible for anyone to predict the future, and this tool is not designed to make an attempt in predicting the future. It just does simple math based on the pending applications. The criteria for the calculation is provided on the same web page within the tool.
If we can clarify again. please take this as a rough estimate of the time-line based on the current size of backlog for the pending applications.
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