Friday, June 10, 2011

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  • krishmunn
    03-26 12:31 PM
    , if they were EB2 candidates why they didnt file on EB2 category at first, if now they think they are qualified then they should start new process.

    BTW. they will create a big retrogression for EB2 then EB2 people have to port to EB3



    In many cases the question is NOT about qualification of the applicant but the policy of the company -- lump all in EB3 so that the employee stick to company endlessly. If you think porting is unfair, Citizens and LPRs think H1B and entire EB GC process is unfair ...

    Disclaimer: I have Never filed in EB3 . My first and only filing is in EB2.




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  • hydboy77
    02-13 03:37 PM
    Dear Administrator2\IV core,
    Just getting the provision to file AOS when priority date is not current without the other provisions that are related to pre filing AOS like "removal of semilar\same job restriction when using EAD\AC21" is not good. Dont get me wrong I understand how much the guys who missed out on the july fiasco want to prefile AOS and get EAD but without the provision to remove the restriction of same\semilar job requirement in AC 21 it (EAD) is useless. By now everyone knows that USCIS is heavily issuing RFE or denial notices for h1b transfer and extension. It is just a matter of time before USCIS starts issuing RFE or denial notice on EAD\485 as well. The prime candidate for USCIS to kick out people using EAD\485 is the same or semilar job restriction while using EAD\AC21. If everyone gets to pre file AOS without PD restrictions then USCIS will make using EAD as difficult as using H1b. Please fight for the removal of "same\semilar job requirement in AC 21" along with prefiling AOS so that everybody gets true relief and it really becomes a win win situation, otherwise it is a waste and will speed up uscis making life miserable for EAD workers.

    Dear jchan,

    We are very interested in this provision. Immigration Voice has heavily invested in this measure, both, legislatively and administrative. We have consistenly advocated for this provision which we believe will curb arm twisting by bad employers, that are like few bad apples in the big basket. Such a provision will help everyone including USCIS, lawyers, genuine companies, and direct+indirect beneficiary. Its a win-win for all.

    .




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  • Totoro
    05-16 03:45 PM
    The text for HR 5140 Economic Stimulus Act 2008 has the following eligibility criteria:-

    ELIGIBLE INDIVIDUAL- The term `eligible individual' means any individual other than--

    (A) any nonresident alien individual,
    (B) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and
    (C) an estate or trust.

    Full text at:-
    http://thomas.loc.gov/cgi-bin/query/F?c110:21:./temp/~c110hrzxe1:e1660:

    Have to track down the ITIN rule pushed by FAIR and who all voted for it. It is amazing that xenophobes such as FAIR can get an amendment in so quickly and under the radar. Perhaps CHC should be focusing on them rather killing any immigration reform short of amnesty.

    Votes are here:

    http://www.govtrack.us/congress/vote.xpd?vote=s2008-10

    The amendment was sponsored by Senator Ensign (R-Nevada) who said his staff discovered that the stimulus payments would go to illegal aliens.

    http://www.youtube.com/watch?v=qSXqiyqLVd4

    In reality, the change was the result of lobbying by FAIR, an anti-immigrant group:

    http://www.fairus.org/site/PageServe...ter_friendly=1

    FAIR is accused of having ties to White Supremacists.

    http://www.scrippsnews.com/node/29303

    I have updated the Wikipedia article to reflect this information.




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  • mhtanim
    09-15 07:36 PM
    My friend, you have not seen the complete posting. I mentioned around 15 times that my lawyer has filed G-28 and AC21 together in May this year.

    My lawyer is one of the best in southern California and i am with him since joining new company. He is going to check with TSC for G-28 and if they didn't updated one then i will have no choice but to ask old lawyer to forward the notice to me.

    Sorry I missed that part. As you lawyer side is already taken care of, then I guess I would do the same that you have been thinking of doing. Take an infopass appointment, try to get a copy of the denial notice and also check if they have the updated G-28 in your file. By the mean time, let your lawyer do whatever he possibly can.

    Also, as a professional courtesy, your lawyer should provide everything to the new lawyer once requested. Hopefully, the old lawyer will maintain the courtesy and won't cause any trouble.

    Please keep us posted and good luck.



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  • ss_col
    06-23 05:35 PM
    Called.




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  • ivgclive
    08-21 06:22 PM
    No, it isn't the culture thing but it is the Amway/Quixtar thing. If one says hello or hi and has a smile on their face, 9 out of 10 times it isn't the person trying to be friendly but for a reason...The great pyramid scheme!

    that is absolutely CORRECT.



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  • jchan
    02-12 04:13 PM
    This is essentially what we got in July07, and this can be a great pain relief. Since it was done in July07, there is already a precedent for it?? Would it be an administrative fix then? Just a note , IV already has this as one of the things we are working to change in law, but I was wondering if it could be admin only fix.

    This is different from what was done in July 2007. Back then all PD was current. This is to grant the ability to file AOS even when the PD is NOT current




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  • bestin
    07-01 07:43 AM
    Congrats.Techically speaking dates were current when you applied.It could be that a few lucky ones like you would have been alloted a Visa number then .Enjoy......



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  • pitha
    06-08 06:14 PM
    CIR is going to be back for sure no doubt about it and when it comes back it is going to be the same bill. Harrry Reid is just creating a drama so that he can reduce the number of amendments introduced by the republicans. There are currently more than 30 to 40 amendments remaining, with this drama harry reid is trying to reduce the amendments to about 5 or 6 more amendments.

    We should try something like applying for 485 without priority date but even the cantwell cornyn amendment does not have this provision


    There is a SLIM chance that CIR might come back this year, but if this CIR is taken again with its current provision for the EB Category and H1B in it, it is very bad for many of us.

    Plan B, I think must be, trying to insert or get some sort of SMALL provision that would alleviate the problem for vast majority of us, into some appropriation bill (Read some where there will be 11 appropriation bill taken up this summer) as the appropriation bill must have to pass for the government to function.

    I would either try for filing AOS while visa numbers are not available with an extra fee of $1000… or recapture of unused visas from previous years and use them once without country limit might help. As long as we are not asking for some thing new or more, but like recapture, change of process to ease the current problem, etc might have a SMALL chance.




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  • Totoro
    01-26 03:37 PM
    Well it seems the idea to get a Stimulus for 2008 for people having spouses with ITIN is nearing dead end (no action). Now the government is planning another stimulus. I think we should work on taking the necessary steps to prevent the same happening this year (being dropped out). I think we should raise awareness and write to all people including President Obama.

    Ideas / comments?

    The problem is, that for all my efforts, people just don't seem to care. The only reason I had any success was the embarrassment I caused the government because of all the soldiers who were excluded. Immigrants in the US are viewed by most people as an unwanted scourge.

    My employer has also been no help at all. I have been looking for work outside of the US, but unfortunately, the economic situation makes that a bit more challenging. Sorry if I sound pessimistic. That is just my personal experience.



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  • Macaca
    09-21 04:04 PM
    4) Money is not a problem for them. Many of them are paid off the books and have never paid Income Tax, SS Tax etc. There are also very strong political organizations, PACs (Political Action Committees) supporting. There are many USCs/LPRs contributing to election campaigns on their behalf.

    - We pay all taxes. There is no PAC supporting the cause of EB immigrants exclusively ( ImmigrantsList is a PAC that supports all immigration including "undocumented").


    Even Workers in U.S. Illegally Pay Tax Man, By Miriam Jordan | WALL STREET JOURNAL, April 4, 2007
    From Confiscating Contributions (http://www.nilc.org/immlawpolicy/CIR/socialsecurity_confcontrib_2007-05-01_iru.pdf) By JONATHAN BLAZER | Public Benefits Policy Attorney and JOSH BERNSTEIN | Director of Federal Policy, May 10, 2007

    Peter Goss, Social Security’s Chief Actuary, has estimated that three quarters of undocumented immigrants pay payroll taxes. This generates $6 to $7 billion per year in Social Security tax revenue and $1.5 billion in Medicare taxes.
    According to the U.S. Internal Revenue Service, undocumented noncitizens paid almost $50 billion in federal taxes from 1996 to 2003. Recent reports from across the country indicate that during the 2007 tax season, record numbers of undocumented people filed tax returns.
    As IRS Commissioner Mark Everson, a former immigration official, stated in testimony before Congress last year, “If someone is working without authorization in this country, he or she is not absolved of tax liability.” In a more recent speech to the National Press Club, Everson added, “We want your money whether you are here legally or not and whether you earned it legally or not.”

    Tax returns rise for immigrants in U.S. Illegally (http://www.nytimes.com/2007/04/16/nyregion/16immig.html?_r=1&oref=slogin) By Nina Bernstein | New York Times, April 16 2006
    Illegal Immigrants are bolstering Social Security with Billions (http://www.nytimes.com/2005/04/05/business/05immigration.html) By Educardo Porter | New York Times, April 5 2005




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  • needhelp!
    02-28 06:04 PM
    Very nice going..

    total letters collected 366.



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  • Abhinaym
    01-13 11:27 AM
    It's a valid point from ur prospective, but let me give u the example if the shoe was on the other foot..
    I'm sure this is a simplistic generalization, but urs is too
    * In 2001, 20 people graduate in retrogressed country and equally qualified 20 graduate in non retrogressed.. both aspire to land a US opportunity


    Thank you. You seem like a rational person who is balanced in arguments. I can give you real life examples too. Let me start with that. In 2005 I and my friend from a non-retrogressed country graduated with a masters, same degree same specialization.


    * In a few weeks, all the 20 in the retrogressed country find opportunities among dozens of giant offshoring firms that quickly send them on H1 or L1 projects, within months or may be a year they are settled in the US and at most in 2003 their greencard process is up and running


    Now THAT is over-generalization. You think all of us Indians and Chinese get jobs as soon as we graduate in giant offshoring cos? My friend you're stereotyping. It is wrong to assume that we get our jobs because of our nationality and not our skills.

    Anyway, continuing with my example. My friend and I both found jobs after a few months of struggle in small boutique consulting companies (run by Americans), mind you no offshoring. In fact my friend's sponsor is Indian, my sponsor is American!



    * The 20 equally qualified non-retrogressed however linger in their homeland for years and duke it out till the brightest 3 manage to find a rare opportunity that only comes every several years.. those 3 finally come to the US in 2005 and may be start their gc in 2006


    Very subjective. My own example, none of my fellow-graduates were in the plight.


    * Turns out (or actually it was known all along to people before they chose to came) that the US only gives 5 greencards per year and because they know qualified people exist in all countries and they don't want few countries to swallow the whole quota alone, they give 2/5 to non retrogressed and 3/5 to retrogressed.. only then do some people remember to cry not fair, well it wasn't fair to start with!

    I agree a universal 7% limit for any coutry regardless of its population and number of college graduates is stupid.. the percentages need to be adjusted. But to tell me that the 3 unretrogressed have to stand at the end of the line behind the equally qualified 20 retrogressed who came here faster (and chose to come here knowing their homeland is retrogressed) that is really fair.. yeah right!

    Yup. Standing your turn in line is fair. And that's what needs to change. EB visas are about skills and not nationality.

    You need to quit stereotyping and being unfair to us by saying we get jobs because of our nationalities. Brother, you don't get degrees or jobs because you're Indian or Chinese, but because you add value.




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  • franklin
    09-21 02:47 AM
    Just curious Franklin...somebody on the forum mentioned that you already got your greencard...if you have a PD of 2004, how did that happen...did I miss something?

    I guess the cat is out of the bag. Yes, I got my greencard a few weeks ago. Yes, my PD is early 2004.

    There are 2 current theories why:-
    1. I'm very vocal in the media and lawmakers about the problem, and something made this happen (as my co-workers say "they gave it to you to shut you up")
    2. I was a lucky one that was assigned a visa number in early June (when I applied for AOS) - it was approved when my PD was not current.

    I'm not going anywhere, nothing has changed with the current policy. It is still broken. If for no other reason, the bizarre circumstances around my GC highlight more unpredictability and uncertainty in the whole process. I hadn't mentioned it before since it really isn't a big deal in the big picture.



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  • mariner5555
    03-15 06:09 AM
    Group:

    We need to do something for sure. I know that most of EB3 folks are stuck for GC more than 7-8 years. I don't see any good progress for EB3 in the future.

    I would request from everyone to wake up and take a proactive step. I am ready to give any kind of support.
    The problem is most of the EB3 people are happy with their EAD's. and I guess since EB2 looks promising now - they wont care much about EB3 or retro ..so I dont think anybody is going to wake up. maybe we should go to sleep too :)




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  • thepaew
    05-30 11:53 AM
    I find your quote to be insulting to a large group of persons, some of whom could be potential members of IV. If anyone had made such a comment about Telgu-speakers or Punjabi-speakers, there would be outrage.

    Last I checked, this was not supposed to be desi-centric forum.

    There is something with the french language it self. All the people who speak french as their native language, tend to be a$$holes, of varying degrees. This true of the french people and the francophone Quebec people inCanada and the French speaking Swiss. I say, stop flying AF, screw them. It is they who need us, not the other way round



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  • dolphin11
    06-26 12:11 PM
    64-35 to allow debate on revised immigration bill




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  • GCBy3000
    07-19 04:35 PM
    Again what is the point in moving to Canada just because you are tired in waiting here. Are you going to do the same job in Canada. If yes, I would do that here.

    For me, only person who could move to Canada is:
    1. Way better career jump.
    2. Do not have wavery mind of coming back to US. If happens come back, but do not start with that as you will not lead happy life.
    3. Keep the GC processing alive in US.

    I think Canada might be a good option for some ppl. Here are some reasons:

    You move to canada, have greater flexibility to change jobs, your wife gets to work, in the meanwhile your employer lets the GC process continue. This way, you live a free life until you get a GC. But I seriously doubt if any employer will continue to process GC if you leave the country.

    Or you have waited long enough and are too tired to wait any longer. You would rather be elsewhere. In this case it doesn't matter where you go, Canada or back home.

    Another good reason can be that you have waited for 8-10 years in US and have no hope in sight. You are not tired but you can clearly see that the wait is completely futile and you are just hoping. You have decided to stop waiting but still want something that's close to US standards. And I think canada still comes very close to good standards.

    What do you guys think?




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  • Macaca
    09-10 04:24 PM
    Life is not a static thing.
    The only people who
    do not change their minds are
    incompetents in asylums, who can't, and
    those in cemeteries
    Everett M. Dirksen




    coopheal
    03-13 05:09 PM
    Well...I am one of us stuck in EB3. I do qualify for EB2 but my employer choose to file it under EB3. I recently invoked AC21 and moved over to a new employer on my EAD. Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?

    Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
    Does someone has answer for this?




    H4_losing_hope
    02-21 11:52 AM
    Just received confirmation of 4 more letters which takes me to 200!! Going to shoot for 250 and will send most of these new ones to NORCAL, will send final batch close to March 1st. Keep them coming folks.



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