Wednesday, June 8, 2011

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  • add78
    05-29 01:54 PM
    This is good information. Thanks for sharing.
    Glad to see that you are getting help from senior members. Can IV get some help from you? Please donate to IV's and your own cause by participating in the funding drive here http://immigrationvoice.org/forum/showthread.php?t=19224
    and actively participate in your state chapter's initiatives.
    Thank You.





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  • angelfire76
    05-31 06:10 PM
    If I remember my Uncle's word correctly, it was Ted Kennedy who was instrumental in relaxing (changing) the rules for future immigrants in 60 or 70's. Only then, we saw a huge increase in immigrants from India especially doctor's and engineers in 60's & 70's.

    Obtaining Green cards (or permanent resident stamps in the passport) at the port of entry if you had a degree in medicine or engineering and a job offer from an American company. Of course the total population of Indians in the US even until the late 80s was about 900 thousand. Only when the tech boom started in 1993-94 did immigration especially from India go up rapidly.
    Also unlike now, a H1B was strictly for 6 years, no extensions until you spent 1 year outside the country and came in on a fresh petition.





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  • spgtopper
    02-03 09:09 AM
    Seems like a step in the right direction....

    S.





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  • skillet
    05-24 01:57 PM
    05/23/2007: IMPORTANT CIR UPDATE MESSAGE

    For the last two days, the Senate floor focused on the procedural motions as to whether the Senate should take up and continue S. 1348 Comprehensive Immigration Reform Act of 2007. People know that this is the bill which the Senate passed last year and was killed in the House. S. 1348 is this bill which was reintroduced by Senate Majority Leader Harry Reid. By agreeing to proceed and go into debate, the Senate floor at least overcame the opposition by a few anti-immigration Senators.
    On May 21, 2007, the Senator Reid introduced, for himself, Senator Kennedy and Senator Specter, a motion to substitute the text of the S.1348 by the bi-partisan compromise which was produced by a bi-partisan group of Senators and White House during the weekend. Accordingly, there was no serious debate about the controversial issues in the compromise during last two days other than Senator Dorgan's motion to amend the Senator's Reid's amendment to substitute S. 1348 to kill temporary worker program. The floor rejected his motion and his motion was defeated yesterday.
    The debates on controversial issues in the compromise bill are expected to be heated up from today after the Senate floor passes the Senator Reid's motion to substitute the S. 1348. A series of amendments to the substituted bill are expected to be introduced from today on. This means that those who oppose the controversial poisonous elements in the compromise bill must mobilize their forces to pressure the Senate to amend these poisonous proposals in the compromise. This is the most important time for people to arise and act!
    It appears that the restrictionist Republicans opposed the CIR last year on the issues of relief of illegal immigrants including temporary guest worker program and legalization of 12 million illegal aliens in the country. Since then, as affected by the pressures from in and outside of the country, including the swift of position in the Christian forces, Hispanic forces, White House, and other forces, these core groups of restrictionist Republicans shifted their strategies in such a way that they give concession to the issues relating to the illegal aliens including guest worker program and legalization of illegal aliens, and instead focus on strategy to overhaul immigration system to achieve control and reduction of the number of immigrants allowed to come into this country and more importantly to control the types of immigrants allowed to immigrate to this country in terms of the ethnic and racial backgrounds, and immigrants from non-English speaking countries. Underlying the point systems, concept of control of chain of immigrants, and removal of certain family-based immigrant categories are the hidden agenda of the restrictivonist and right wing Republican forces to control immigrants and more importantly immigrants from certain part of the world. This hidden agenda is disguised in the name of the country's need for immigrants who can contribute to the nation's economy. The center of development of this concept and proposal was the Heritage Foundation, the think-tank of the conservative Republicans. This agenda has been pushed forward for the last few years through its arms in various communities, including some immigration groups. They penetrated into some immigrant groups, particularly employment-based immigrant groups, to divide the immigrant community and their supporters.
    By now, people have learnt the hidden agenda of the conservative and restrictionist group, and the opposition to the poinonous agenda that are conceived in the compromise is growing fast. It is clear that the country and the immigrant community have to pass a comprehensive immigration reform legislation this year. The way to achieve this goal is to contact with the legislators en masse to remove the poinonous segments in the bill and the hidden agenda of the restrictionists and pass the bill. Accordingly, the amendment process is extremely important to achieve the overall goals of passing the CIR and passing the CIR without poisons. This is achievable since this is the Democrat Congress. This reporter assures the readers that should the Senate fail to pass such workable bill, there will be no, repeat no, CIR legislation enacted this year and in the next few years.
    Please copy and send this message to any one or any organizations via email or web posting or fax as quickly as possible!



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  • Junky
    10-15 08:18 AM
    Send you a PM. Please reply back at your earliest.
    Thx

    There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.

    EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.





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  • alien2006
    09-13 07:54 AM
    For completeness, I think you should open a poll for EB3 ROW as well since they have a substantial number of members.



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  • vavuvya
    11-04 01:48 PM
    You will not know until I-140 is filed as the preference category is requested on I-140 and not on the PERM.


    Thank you very much for your reply.Usually howmany it will take to get the I-140 receipt number once it has filed.My 140 has filed under premium processing in few days ago.





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  • ashwin_27
    12-09 02:36 PM
    From all the updates and information shared so far, it seems pretty clear that if the DREAM Act fails, it will make it extremely difficult, politically, for any EB or non-EB related immigration legislation (piecemeal or otherwise) to be introduced in Congress over the coming two years. So irrespective of whether visa recapture is a part of this bill or not (and we know that it is NOT), what happens to DREAM is very important from an overall strategy point of view.

    I am just interpreting what is out there.

    Brothers, i just want to know why we are happy with this DREAM thing or i am missing something. why do we care about this?

    Please tell me if it has something for us.

    Thanks

    MC



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  • vivache
    11-01 08:42 PM
    hi there.
    I need to talk to an immigration lawyer.
    Can you refer me an Immigration lawyer in San Jose/Bayarea?
    Also how much does he/she charge per hour?

    I read about the free immigration question/answer through IV. Is there anything for Nov? Thanks.





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  • h1techSlave
    07-19 01:22 PM
    one of my friend got his Initail EAD after 90 days by walking into local office but that was long back in 2002 . Not sure if laws changed ..
    In the immigration world, 5 years is like 5 centuries.:)



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  • trump_gc
    07-05 03:21 PM
    There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine





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  • nozerd
    02-28 12:26 PM
    Thanks Y,
    I was thinking more along the lines of transfering from US Public education school system to either ICSE, CBSE or Maharashtra Sate Board.

    Upto what standard would it be relatively eay for a child to adapt and integrate into the Indian system ?



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  • add78
    10-02 09:48 AM
    This is a little tricky.
    A person is in a valid H1-B status when
    1) He/She is a full time employee of the Sponsoring company AND
    2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
    Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
    #2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
    In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
    But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
    Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.

    Hope This Helps.
    If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
    IV = I+We





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  • nashdel
    04-06 11:26 PM
    I went to Delhi recently for emergency appointment. The person who replied to my email (within 12 hours) told me to call next morning.

    He gave me option for next day and told me to bring demand draft rather than their receipt for HDFC bank (lady at the counter did ask me about it though).

    You should complete the online application as per their recommendations on website. It is very important. They would avoid data entry by you doing so.

    Counter Lady put a blue sticker on my passport just like old times and asked me to collect my passport from embassy counter itself.

    After usual long wait, I was interviewed and even though I did not have some of the documents she asked, she did not create any problems.

    However, she said since my application is not cleared in PIMS, she is helpless in issuing visa. She gave me pink slip with ' petition not in PIMS' and emergency appointment written over it.

    She asked me to check status on line at NEw delhi embassy website.

    Anyway, it took them 2 weeks to clear PIMS and I had to postpone my flight 2 times. Emails to them is useless. they would not reply at Delhi. Phone is answered between 2-3 PM and I have to constantly redial many many times before some one will pick up.

    I asked for them to return my passport many times so that I can return on AP but they would not do that. (could have been risky long term as my I 140 is not cleared yet). My h1b attorney`s paralegal did advice me to come back on AP if I am at risk of loosing my job. She said usually going back to H1b is very simple process even after you enter on AP.

    Anyway, If you have AP, think twice if your employer is not willing to wait longer than necessary.

    By the way my information was never updated on website even after I got the visa. My wife was calling DOS in US and they were very helpful in telling the status of PIMS.

    Hopefully that helps you in your difficult times.



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  • desim
    07-19 12:47 PM
    Thanks mp70 for sharing the information. Your experience has helped me with two worries. My 797 was approved in June end and I am going for stamping at Chennai at the end of July. You put my worries with the short gap PIMS verification issues to an end.

    It is good to know that there is a separate counter for revalidation. Did the officer ask any information for dependents H4 visa?

    Also, did you do anything to check whether your petition was present in the PIMS database?





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  • gcdesirer
    10-13 11:56 AM
    This October itself?



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  • gauravster
    04-30 07:48 PM
    Wall Street Journal has a article about the Greenspan's testimony. The comments seem to be taken over by the anti's. Please comment if you can.

    http://online.wsj.com/article/SB124112017018574119.html





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  • ars01
    06-07 02:18 PM
    I'm in CA and my I-140 was approved by TSC (E-filing) and I-485 is pending at TSC (was filed at NSC initially).

    here are my questions, I need help on...
    1. If I file EAD now, where should I file?? TSC or NSC?
    2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??

    who wants to be mess with NSC :)


    Thanks,
    Where you filed I-485 is not a criteria to select where the EAD application should be submitted (renewal or first time). Just check the state and supporting service center and file it there. I filed my I-485 in Nebraska alongwith first time EAD and AP. But now (as written in I-765 instructions), I need to file it in the service center that processes my state (Georgia). Hope it helps.





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  • samrat_bhargava_vihari
    06-07 09:56 PM
    Hi,

    My LABOR APPLICATION DATE : OCT 2001
    I-140 Approved : OCT 2004
    I140/I485 concurrently filled : APR 2004

    Currently have EAD and AP

    Status : Married : Adjustment of Status Pending for Both

    Did any body get their green cards because of the recent movement of eb3 dates.

    Srini

    i see lot of approvals on immigrationporal.com





    jonty_11
    02-05 02:42 PM
    Yedy - I would appreciate that you let a healthy discussion take place on these forums rather than posting wrong information and shunning out people. The community is here to help and there may be many in similar situations. I am talking to a lawyer even before you preached it. This is a forum to get second opinions and real life examples. I am sure no one here (including you) takes the advice from these forums literally and implements it





    poorslumdog
    10-11 04:05 PM
    :=)



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