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  • add78
    09-12 10:45 AM
    although "technically" it is the congress (both the house and the senate) that makes legislation, a.k.a. any new laws or amendments to existing laws when it comes to immigration matters, the role of the president, especially a popular president cannot be underestimated.
    If the president decides to throw his full weight behind a particular bill or treaty (as happening with the US-India Nuke Deal), he can (especially a popular president in his first term next year, whoever he may be) influence a lot of congressmen/senators to rally behind such a bill. In that regard someone with a bi-partisan reach can garner even more support from both parties.
    That is why it is IMPERATIVE that whoever the next president will be, that he is SUPPORTIVE WHOLE HEARTEDLY for legal immigration.




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  • wellwishergc
    03-19 11:27 PM
    First of all, the interpretation of the new provisions itself is subjective. Different interpretations, corrections, amendments to interpretations, etc will lead to another mess, after the provisions pass into law. As you already know, IV volunteers are currently researching on the hard country allocation issue, which may arguably worsen the retrogression for Chinese/Indians.

    Let us assume that we are still able to pass the final provisions including the provision for amended soft country allocation. Imagine the number of applications that will flood the USCIS if the priority dates are adjusted to allow for all the eligible applicants. Do you foresee another backlog formation similar to the backlog centers that were formed for reducing labor applications and the mess they are in, currently?. Please note that the staff for USCIS will not increase, atleast for the next 1 year, until they figure out the volume of applications created with the new law and identify the magnitude of the staff shortage.

    Even though I do feel that the existing retrogression will ease, if the provisions under consideration are passed into law; however USCIS will still keep some form of retrogression to control the flow of applications, especially for the EB3 category. In such a scenario, it is preferable that the USCIS allows the 485 filing and provides the EAD. EB3 applicants will be better off knowing that their 485s/EADs are in process/available, while waiting for the GC. So, even if the Eb3 applicant has to wait for 2-3 years (instead of the current 5 years) to get his final GC, he is atleast not dependent on his current employer.

    I think, 485 filing ability is critical to the plight of EB3 applicants.

    I don't believe you are right. Cut-off dates are not established based on the USCIS workload and its staffing, but rather on the predicted balance between demand for and supply of GCs. Therefore if worst comes to worst we will see a backlog at the USCIS level again, ie their processing time will go way beyond today's 6 months. BUt if the DOS believes that they have enough GC available to meet the demand in each and every particular quarter they will adjust cut-off dates accordingly.




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  • jkays94
    03-06 12:40 PM
    Requesting a Fee Waiver

    To qualify for a fee waiver, a requester must demonstrate that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. Your fee waiver request should include a detailed justification to support your claim of public interest. Your justification must also include how the information will be provided and distributed to the public.

    http://www.dhs.gov/xfoia/editorial_0316.shtm




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  • garybanz
    09-20 09:54 AM
    Agree with you 100%. Instead of 'forming' state chapters in the last moment, they need to be established, nourished, strengthened and developed over a period of time. A grassroots movement needs strong roots in all regions.



    With all due respect, it was a disaster. They ended up scaring Americans - by holding Flags of thier countries, holding US flag upside-down or disrespecting US flag in other ways. This provided fodder to anti-immigrants to scare Americans of an 'invasion' of law-breaking aliens.

    We need to learn lessons from them, in not committing their mistakes





    As of now, idea doesn't look good. 10 people marching in Detroit, 20 in Minneapolis, 40 in New York, 100 in California - will it even be a rally, in the true sense?
    Agree with you 100%. Instead of 'forming' state chapters in the last moment, they need to be established, nourished, strengthened and developed over a period of time. A grassroots movement needs strong roots in all regions.

    With all due respect, it was a disaster. They ended up scaring Americans - by holding Flags of thier countries, holding US flag upside-down or disrespecting US flag in other ways. This provided fodder to anti-immigrants to scare Americans of an 'invasion' of law-breaking aliens.

    We need to learn lessons from them, in not committing their mistakes

    As of now, idea doesn't look good. 10 people marching in Detroit, 20 in Minneapolis, 40 in New York, 100 in California - will it even be a rally, in the true sense?

    Do you really think the numbers will be that bad? Look at the improvement in turnout in DC from San Jose? Every movement political or not builds gradually. The idea is to make it easy for people to show up rather than ridicule them for not showing up.

    We asked people to show up at the rally giving up (1) A day�s pay ($400 to 1000) (2) Spend money on travel where ever the buses were not available ($$) (3) Spend time away from home. That�s a little difficult for people who have not seen a single person from IV yet (which is most of us). On the other hand many people who attended the rally in San Jose did not mind traveling all the way to DC�Can you think why? Do you think Indian�s in CA have a different mindset compared to those in TX or NY/NJ?

    IMHO, we need to do more work at grass root level. If rallies are local and on a weekend then more people will turn out. Not only will there be better turnout, many of these same people will being more passionate about their support to IV and might start showing up in out of state rallies and protests.

    Many of my colleagues did not even know until yesterday when I showed then the news articles that there was a rally like this in DC. Unless we have local chapters with an organized structure which meet regularly/ even if it�s a conference call, you cannot expect mass mobilization�this is Politics works!!

    I think the DC rally has caught every ones attention, this is the right time to push the drive for local mobilization, it will be tragic if we lose the momentum now.



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  • immigrationmatters30
    02-14 07:49 PM
    Nice Post hydboy!! Quick question though, Would you have put the same argument if you have not filed your EAD during july 2007? Guess not..Let us stop this..now.I agree with what you are saying,by the way.

    I hear some people saying childish things like hijacking this thread if anybody says anything different from what they say. What do you prefer, should I open another thread with title "oppose prefiling AOS", nobody wins neither will I or you when somebody does that. Please tolerate others views then they will tolerate yours.

    Without strengthening AC21 if you allow everyone to file AOS then anti eb folks like Grassley, Sanders, Sessions, Durbin will move from targeting H1b to targeting EAD. It takes 6 months to get Perm approval, with pre filing AOS everyone can get EAD in 6 months, anti eb folks and USCIS know that people will be jumping to EAD to escape H1 crackdown, what do you think they will do, they will add amendments and Bills to put restrictions on hiring EAD just like they put restrictions on hiring H1b. We cannot make EAD into another H1b like hell.

    Prefiling should be done to give relief to people who missed July fiasco only after
    1. Remove\dilute same similar job requirement
    2. Make sure EAD is extended without any rfe. USCIS will invent thousand things to issue rfe, EAD should be in a different league to h1 and it should not turn into another h1 where you are slapped with rfe left right and center. Example Pay stub rfe, ability to pay rfe, customer Purchase order RFE etc etc etc, Green card holders don�t have any problem working in these same jobs so why should EAD people face this nonsense (otherwise it is just like h1). Before people complain this will become like a green card, lets me answer in advance, if a person from ROW can get his green card within 12 months of coming to US, why cannot people from India\china who have worked in US for the last 5 to 10 years get the above mentioned relief on EAD. EAD should be superior to h1.the only restriction should be you should work in the same field, i.e. if your labor certification is for Software engineer, programmer analyst etc , then you work in a software related job and cannot become a greeter in walmart :-)

    Without strengthening EAD\AC21 with the above mentioned items you are turning EAD into just another h1.If we push for prefiling AOS without strengthening Ac21 it is a big disadvantage and slap on the face for all the people with older priority date. Because of July fiasco when everybody got current and filed for AOS, USCIS issued GC to people from 2006 leaving behind people from 2003, 04 and 05. USCIS should have gradually moved the dates from 2003 to 04 to 05 that way people with older PD would have got it first. With prefiling AOS it will become a lottery like in August 2008 where 2006 PD got GC over 03,04 and 05 in eb2. Safeguards have to be put in place for order of priority date otherwise USCIS will indulge in this lottery mode and excuse there behavior by claiming they did this to save visa wastage.




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  • Kodi
    06-26 10:25 AM
    Its 11am now and I believe they're supposed to start at 10am. Does anyone know what's going on?



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  • morpheus
    04-06 10:56 AM
    There is a different visa category for australians called E1, only THOSE ppl's spouses can work. If an australian is on an H1 his wife cannot work on an H4 either.

    In that case you also have to argue, why H4's cant work but L2's can? :)

    The Australian visa is called E3, not E1. E3 is like a simplified H1B that can be renewed indefinitely and yes, dependents can work anywhere. The filing process is quick and inexpensive. There is a quota of 10,000 per year, not including dependents. Given that Australia only uses a few thousand H1's a year, this is a very attractive visa.

    In the Australian press it was implied that the US govt passed the E3 visa as payback for Australia's support in the Iraq war. Originally it was supposed to be part of a free trade agreement.




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  • BharatPremi
    03-14 01:53 PM
    I agree porting to EB2 will be much faster.

    :) Those days are gone...



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  • JisDeshMeinGangaBehthiHai
    09-22 09:45 AM
    I did not go to DC because i did not want to get the green card this way.I grew upwatching aunts,uncles coming from USA bearing gifts.I grew up watching cousins go for USA for higher studies.It used to be so special. Now its become so cheap. Now you guys have literally taken it to the streets. There's no difference between those illegal immigrants and us. This H1visa has ruined it for really smart students who come here on F1 with full scholarship.
    This software industry and these cheap bodyshopping companies made it nothing more than a whore business.
    My heart is broken. I dont care anymore.thats why i did not come to DC.




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  • waitnwatch
    04-16 06:32 PM
    Seems like a downright slugfest on Fragomen going on! I haven't had the ability to get an immigration lawyer (my employer too didn't provide me with one) so I couldn't comment either way on Fragomen. But it seems Fragomen may just be selling franchises not unlike Subway or Dunkin Donuts. End of the day you just get to work with a franchisee using Fragomen's name. The flip side of this is that there is no standardized lawyer supply similar to raw material supplies Subway or similar franchisees get.

    What I say above is in jest but it may quite be true!

    Maybe we could operate Fragomen franchises once we get our green cards!



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  • Ramba
    05-06 03:11 PM
    As I was explained SSA do not classify Economic Stimumus Package as a Federal Benefit. For them Federal benefit is a recurring payment of certain amount and the Stimulus package is just one off.

    Also, we should try and get our message across to IRS about dependents who can not have SSN due to the nature of visas issued (H4). IRS should update their system so that if first person filing the return has valid SSN, payment should be calculated as it would be if everyone has SSN. This would be lot more easy then issuing SSN and then filing 2008 returns with those SSNs.

    Any thoughts/ feedback?

    Understandable that Economic Stimumus Package is not a federal recuring benefit. However, ITIN holders (H4s) are eligible to claim child tax credit, why not this stiumuls benefit?. They should be given this benefit if they meet residency requirement. One should contact IRS to include ITIN holders to clain this benefit.




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  • anilsal
    11-24 01:48 PM
    Credit cards are issued mostly to GC holders only unless they have a checking account as well with the institution-unless one lies in the application. You are also presuming a 100% credit worthiness and sign up rate - extremely optimistic. This would work when IV is about a million strong and if people like you and me become 'resident' aliens - and dont turn our backs on those behind us.

    Many banks in the US will not allow you to add additional accounts like CD account etc ONLINE unless you are a GC holder or a citizen. They ask you to go to a branch to open an account. This is even when YOU are an account holder with the bank for a number of years.

    One way of supporting IV and feeling good is to buy some IV merchandise.
    http://www.cafepress.com/immivoice



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  • Macaca
    09-17 01:28 PM
    Congress quietly returns to immigration (http://immigrationvoice.org/forum/showpost.php?p=167577&postcount=1090) A broad overhaul failed this summer, but an array of smaller measures is under discussion, including ways to legalize certain workers By Nicole Gaouette (nicole.gaouette@latimes.com) | Los Angeles Times Staff Writer,
    September 17, 2007

    Republicans also are considering a bill that would overhaul visas for high-skilled foreigners.
    Senate Republicans are also discussing ways to increase the number of visas for high-skilled workers, now capped at 65,000 a year.


    Learn what is true
    in order to
    do what is right
    Thomas Henry Huxley




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  • indyanguy
    10-05 07:26 PM
    any help with my queries is really appreciated.. :confused:

    A very surprising thing happened in our company today. Shocking it may seem, they laid off 5 employees in my department today without any notice. Today's happenings makes me want to gather as much info as possible in case something unexpected might happen.

    I am a July 2nd filer of 140/485 concurrently. No I140 approval yet. Received AP and EAD for both me and my wife.

    If I request my employer not to revoke I140, will I be able to use my EAD for my next job?

    Can someone give suggestions on what other options I have if something terrible happens to me?

    Thanks



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  • praveen_h1
    02-12 06:05 AM
    First of all please forgive me if this is a repost. I will be grateful if you could point me to a previous discussion. So, here's my problem.

    I work for a client A. I got this contract through a layer of vendors. SO my relation with the client is like this.
    Me > My Employer (ME) > Vendor 1 > Vendor2 > Vendor 3 > Client.

    Now, I want to transfer my h1 to Vendor1. My employment agreement with my employer says that within 12 months of my termination with the employer, I can not have relations with any company (in my case vendor 1) that i got in contact through them. My client also has agreed to renew my contract through Vendor 1. So that would mean that Vendor 1 will have client as a direct client.

    I have been an employee of my employer for 2 years now. ANd vendor 2 is really giving me a good offer.

    Can my current employer do anything legally if I transfer my h1 to Vendor 1? Please help.




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  • arunmurthy
    09-30 09:11 PM
    Just get lost....................I just don't believe that this kind of idiot species still exist in this world.

    Dude you brought up the point of being a proud donor. Nobody gives a hoot if you donate or not.
    You are doing it for yourself and not for humanity.
    Get it right!

    And the way you behave shows what kind of background you have (UP/Bihar)
    So just grow up and learn how to respect others!!!



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  • authrd
    09-21 09:15 PM
    We should focus on spreading awareness about IV. I can't believe I was totally unaware of IV's existence until a month back. I haven't done much but felt strongly about what IV's doing. Me and my wife attended the rally and even contributed for the first time ever. We should brainstorm on how we can get more people on board and on how to transform members into contributors.




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  • whatagcmess
    06-04 08:15 AM
    I am wondering your logic for using "desi lawyers". They graduated through the same system as any other "book smart" attorney in the "smart" fragomen system. I think it is always a negative to go through a large law firm. An association with a large firm must not be confused with efficiency. Who knows...might be freebies which they provide to HR grp of the large firms keeps them in the picture.......................

    I agree with you. Even we have Fragomen attorneys and I did not find them any great. So far I have not had any bad experience with them but they screwed up one of my friends GC and now that person has to leave US.




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  • sanju_dba
    05-27 10:17 AM
    This is a good idea. Please post on other immigration forums and urge other websites owners to post information about this event to get more support and participation.

    Pappu,
    can you write about our efforts from IV email account to shabnam@funasia.net.
    She is at core ( radio / events etc ) reaching all desi north texans.
    I am confident we will get more support.




    franklin
    09-27 03:44 PM
    Could you please translate this into layman's English? What you appear to be saying is that speed (CIS efficiency) is more important than number (quotas), but your expample confirms that cases are stuck because of number unavailability (quotas), not because of CIS inefficiency. You got your own green card in three months, did not you? That tells me that CIS darn well capable of processing applications in a timely manner.

    Like I said, its a combination of the 2 main things, the efficiency of processing and the quota limits. Changing either 1 without the other other probably won't get us far.

    Yes, USCIS IS capable of processing quickly (for example, my own case - but I'd say I was very VERY lucky, rather than an indication of system wide improvements). Remember, my GC was approved whilst my PD was not current, and I am still baffled why this happened. Having talked to many people about it, there is a strong suspicion of "squeaky wheel" helping.

    What I was trying to say was - the perceived improvement in speed in the last quota 1/4 of this year (May- Sept) was NOT because USCIS suddenly streamlined and improved their processing speed. It was because there was a backlog of approved applications just waiting for PDs to move so that visa numbers can be assigned.




    swamy
    09-20 04:55 PM
    I support this, and am ready to contribute $, time and sweat. We need visibility. Our main goal is to EDUCATE people, (and even the government!) that we are the totally opposite of illegals! The Congressman who spoke at our rally had a lot of good intentions, but then he started talking about how "illegal immigrants are also people who look like me"(meaning Caucasian/White) and he mentioned the thousands of illegal Irish immigrants living in Boston, who have a group called "Legalize the Irish Now".... those comments had no place in our rally of highly-skilled LEGAL immigrants! And that was a Congressman talking. EDUCATION IS THE WORD, and we need to invest in it NOW!! Let's go guys! Ideas!???

    I fully empathize with everyone in this forum languishing in the visa backlog - i am in the same boat myself. But I don't understand the impulse to talk down the illegals who are in a much much worse position than we are in! it would help a lot to refrain from taking unnecessary digs at people who do the thankless menial jobs no one else does. the anti-immigrant machine is very very sophisticated with millions of dollars and foot soldiers at their disposal - fudging the difference between legals/illegals when it suits them and scuttling any reforms to ease the ugly & racist eb backlogs in the background. IV has done a commendable job so far in taking it on in a dignified way with Mahatma Gandhi style protests and rallies - please don't taint it with unnecessary digs at the illegals - they are as deserving of a fair shot at the american dream as we are. that said, i fully support kicking everyone in the butt and getting something done to eliminate the backlog - even well publicized volunteering may help apart from another rally



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