Saturday, July 2, 2011

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  • dan19
    11-21 10:48 AM
    Dear Mehul,

    God will protect you and your family.
    She should get some waiver. Contact the nearest Congressman's office.

    Dan




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  • Tito_ortiz
    03-08 04:04 PM
    Guys,

    We are like MLK of our modern times. Just observe that it may take a long time to change this. Actual outcome of our efforts may come to fruition in 10-20 years from now. It is the reality folks.

    The only problem is that MLK was a US citizen. We are not. We have a very bad mood against us. Like it or not, to our disadvantage we have all sentiment against illegal immigration spilling over us as well. Let me tell you, I no longer discuss, comment or let Americans, not even close people know about my situation. Do you know why? People actually may not tell you, but the vast majority of Americans actually are delighted when we say we and our wives live with such restrictions.

    My conclusion is this:
    If you are able to fire resumes back to home country or Australia and you can get good opportunities elsewhere, do not waste your time here anymore. Our golden professional years are the ones between 25-40. If you achieve your freedom only after 40 you may find yourself in a bad shape. At 40 I must be well established professionally already.

    One more thing:
    We have been very lucky so far. God Forbidden, if there is one major terrorist attack in this country, you will see this Congress AND the American people with enough ammo to turn their big guns against us big time. Do you really think people will waste time with us? I am not saying that is going to happen, but I am saying if we spend our lives here and we do not take the opportunities back home, that may be a risky move indeed.

    Think of it this way..We are foreigners 12K miles from Home...We are here and trying to change the laws of this country...They are listening to us a bit...That in itself is a big achivement.....It is not gonna happen overnight...It is gonna be a long haul and more...Even after the law changes we would need to look out for actual implementation..So you better harden yourself for a long protracted fight...No one promised that this is gonna be easy...You and I have invested so much time ...you and I have no option but to fight it out...




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  • arihant
    06-11 05:39 PM
    They sent you receipt before cashing the checks?

    Most likely the check was deposited earlier, but his/her bank statement had a delay in updating. Sometimes, when the amount in the check is large, it goes through a review process by banks and so your bank statement will not update for a few days after the check was actually deposited.




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  • cool_desi_gc
    08-18 06:37 PM
    Sushilup...I am in the same boat.Filed on Jul 10th and no signs of approval.



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  • maverick_joe
    05-02 02:16 PM
    HAHA, true, and reddymjm should be made acting deputy director for this effort like Mr. Aytes.
    I'm glad that he re-edited his language in his previous post!

    It sounds like IV should assign PD to people who join and accordingly allow them to comment.......just like USCIS allot GC based on PD.....:)




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  • beppenyc
    06-21 04:18 PM
    Answering for Logiclife, whose time zone is a couple hours behind.

    CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.

    The bottom line is, if nothing happens by the end of July, CIR will likely be dead.

    We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
    Well, hearing is in august, that means that the CIR for this year is dead.



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  • lost_in_migration
    05-01 04:36 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4

    PART 2 [CONTD.]

    (II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.



    (III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).


    (IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .


    (C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.

    (3) Skilled workers, professionals, and other workers.-

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

    (i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.

    (iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).

    (C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .

    (4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .

    (5) Employment creation. -


    (A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--


    (i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and

    (ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).


    (B) Set-aside for targeted employment areas.-

    (i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.


    (ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).


    (iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

    (C) Amount of capital required. -

    (i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.

    (ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).

    (iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -

    (I) is not a targeted employment area, and

    (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).

    (D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.


    (6) Special rules for "k" special immigrants. -

    (A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).

    (B) Counted against numerical limitations in following year.-

    (i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .

    (ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

    (iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]




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  • desi3933
    06-27 02:15 PM
    These kind of agreements doesnt stand in any court .You can always say that you are forced to sign for your livelihood period.Esp. if he is a desi employer he even doesnt dare to go to court as that will cause more damage.

    Do you know the cost of defending suit? You have to prove the statements too.

    Search for law cases in PA/NJ and you will SHOCKED to see many desi employers who have sued their employees.

    Wake up and smell the coffee.



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  • 01. Deuces (feat.


  • simple1
    05-01 02:35 PM
    This is my understanding. Please take time to read INA, I485 application and current VB.

    1. The category of the derivative and quota of derivative is not related to I485.

    All that matter at the time of derivative I485 application is the
    a) primary's priority date is current
    b) primary's I485/AOS application pending.

    read the I485 application again Part2 option b. "My spouse or parent applied for adjustment of status or"

    Gurus, Forum-Attorneys, IV-Core, feel free to correct me.

    2. We are more concerned about the quota. where the derivative falls. I strongly believe they must be out of EB2 quota and placed under FB2A.


    There may be a chance that Eb2 india will touch 2008 in a year. and F2b will be at 2006. How dependet can file 485 as if they counted against F2A their date is not current.




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  • sanprabhu
    11-18 01:00 PM
    Should we do call the sponsor of this act? The dream act supporters list the senators that are on the fence, and urge them to call and I think we need to start call the main players like Reid, Schumer, Menendez to get them behind our provisions. Calling Durbin is probably will not work but we never know, thanks

    Sandeep



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  • cr52401
    06-09 07:11 PM
    My recipect number start from SRC. whrere is that center? I thought texas starts with TSC.




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  • caydee
    07-09 11:16 AM
    A news article from San Jose Mercury News...........

    http://www.mercurynews.com/news/ci_6331029?nclick_check=1

    (apologies for posting this here. I couldnt find the link to News Article Thread - 3. Moderators please move this to the right thread)

    IMMIGRATION REFORM'S COLLAPSE GETS FIRMS LOOKING ABROAD
    By Frank Davies
    MediaNews Washington Bureau
    Article Launched: 07/09/2007 01:29:41 AM PDT

    WASHINGTON - Reeling from the collapse of a massive immigration bill, major tech firms plan to press for more visas and green cards for foreign workers - one element of the failed legislation - but admit they face political resistance and an uncertain future.

    "We face a serious problem this year, Congress knows that, and we just have to keep pushing," said Robert Hoffman, an Oracle lobbyist. He said restrictive caps on H-1B and L visas for skilled workers and the long waiting time for green cards for some were limiting companies' growth and sending some jobs overseas.

    But Ralph Hellmann, who lobbied on the Senate bill for the Information Technology Industry trade group, sounded an upbeat note. He said a separate measure increasing visas and green cards "is probably a better product now that we don't have to ride on a compre hensive bill."

    Hoffman, who co-chairs Compete America, a coalition of businesses seeking immigration reform, said he hopes to meet with key congressional leaders on the issue, including Sen. Ted Kennedy, D-Mass., sponsor of the failed Senate bill, and Rep. Zoe Lofgren, the San Jose Democrat who chairs the immigration subcommittee in the House.

    "We'll have to see what's in the realm of the doable, whether it's long-term or a stop-gap," Hoffman said.

    Lofgren sounded a note of caution Friday, saying progress on any component of the comprehensive bill may be difficult.

    "We're in an assessment phase right now, and I don't know what can proceed - that's up to a very diverse group of people in the House and Senate," she said. Other provisions of the failed immigration bill have champions who now see an opening for separate legislation.

    Taking separate action

    Sen. Dianne Feinstein, a California Democrat, said the shortage in farm labor is a crisis that means her "ag jobs" proposal for more foreign workers "should be moved before any other immigration-related legislation."

    She said she will work with Sen. Larry Craig, R-Idaho, a co-sponsor, and industry and farmworker groups to push soon for that bill.

    Lofgren said "there's a compelling case for the Dream Act," another part of the comprehensive bill that would allow some children of illegal immigrants to achieve legal status and make it easier to enter college or the military.

    Several South Bay students last week launched a fast to show their support for the Dream Act, and they demonstrated Tuesday in front of Lofgren's San Jose office.

    Immigration hard-liners who oppose any legalization process for undocumented workers said the failure of the Senate bill shows the need to improve border security and workplace enforcement.

    Rep. Brian Bilbray, a San Diego Republican who chairs the House Immigration Reform Caucus, said a congressional consensus exists to pursue those goals this year.

    Workforce in jeopardy

    Meanwhile, thousands of highly skilled visa-holders who filed paperwork last month for green cards had a more immediate problem this week. Because of a dispute between the State Department and Immigration Services, and a huge backlog of applications, they were told no more green cards are available this year.

    Large employers, including some in the tech sector, were told this year by the Bush administration to help pass the overall bill to secure some of their key goals. Those include almost doubling the number of H-1B visas to 115,000 a year, exempting 40,000 people with higher degrees from any restrictions, and speeding up the employer-based green card system for workers already here.

    With the demise of the bill and uncertainty over future immigration, some California companies may shift operations to other countries, Lofgren said. Microsoft announced plans Thursday to open a software development center in Vancouver, British Columbia, which would "allow the company to recruit and retain highly skilled people affected by the immigration issues in the U.S."

    In 2006, Microsoft secured 3,117 H-1B visas for its workers - the third-highest total - according to the Department of Homeland Security.

    Lou Gellos, a Microsoft spokesman, said immigration uncertainty was "an issue, but not the defining reason" for opening the Canada center.

    Criticism has also mounted over abuses and fraud in the H-1B visa system.

    Sen. Dick Durbin, D-Ill., citing government surveys, said that "job shops" and other brokers were misusing the system to bypass U.S. workers, bring in foreign workers for substandard wages, and outsource some jobs.

    "Our immigration policy should seek to complement our U.S. workforce, not replace it," Durbin said last month during the Senate debate.

    System left in limbo

    After behind-the-scenes negotiations, tech companies acceded to some of the proposals from Durbin and Sen. Charles Grassley, R-Iowa, to improve oversight and enforcement of the H-1B program by the Department of Labor. All companies would have to pledge to seek U.S. workers first for openings, and if an employer's visa-holders who are paid entry-level wages exceeded 30 percent of its workforce, a Labor Department audit would be automatic.

    That agreement is now in limbo. If a serious push for an increase in visas makes progress, Durbin would want to include his proposals, an aide said.

    Hoffman said tech representatives would agree to more enforcement "that is not punitive."

    Lofgren, who represents tech executives and workers, said she could support "reforms and changes" in the visa system.

    "It needs a good review - I've never thought that just increasing the numbers was in the cards," she said.


    Contact Frank Davies at fdavies@mercurynews.com or (202) 662-8921.



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  • GumI485
    05-23 01:19 PM
    Sent to 2+10 senators.




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  • srini1976
    07-03 07:44 PM
    Congratulations!!!!!!!!!! Happy Independence.....:)



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  • GC1027
    11-21 11:18 AM
    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul

    Hi Mehul,

    I cannot tell you how sorry I am for your current situation. Please don't give up and consult other physicians. I personally know couple of people who were scared by the doctors about having a serious health condition but they totally recovered and are fine now. The doctors here just alert you about the worst that could happen to save themselves from being sued. So please don't lose hope and try other methods.

    I am sure USCIS will consider your situation and your wife will get her GC without any problems. You just have to go in the right route. Contacting an attorney would be the way to go.

    Our best wishes are with you!




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  • franklin
    07-10 03:42 AM
    nobody has talked about a rally in LA... maybe infront of the Federal building in Westwood... I can initiate if I have couple of more volunteers to help me. If we have this rally on July 28, we will have ample time to arrange for people, etc...

    I suggest you join the SoCal state chapter, they seem to be interested in doing something as well



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  • smisachu
    07-05 10:19 AM
    Hi Guys, I will send the flowers. This way we will get media attention.

    Can someone post this in other forums too. Like Rajiv Khanna's www.immigration.com and other threads that we EBs' visit.

    The more flowers they get the better.




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  • coldcloud
    11-17 07:08 PM
    Done.




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  • indianabacklog
    11-21 03:53 PM
    Mehul

    I can more than understand what you are going through right now. I was diagnosed with cancer ten months after coming to the US. I am also the principal applicant and of course it was terrifying. I have no idea what your prognosis is or the type of cancer and do not need to know. However, I live in Indiana and the doctors here managed to save Lance Armstrong. He was sent here from Texas. I am now a six year survivor.

    I am now undergoing tests for a possible second cancer diagnosis seven years later and still no green card for my family. Hoping for one for my husband in the New Year. My son aged out and is on a student visa. I live each day realizing this is not a dress rehearsal and have to believe everything will be OK and I have absolutely no control over what the future holds.

    I know only too well how shell shocked you are right now but you have to have faith that things will work out how they are meant to. Adversity can have a silver lining.


    Wishing you all the best in your treatment plan. You need to concentrate on your health right now.




    anzerraja
    07-20 12:54 AM
    Thanks Very much SS_col !!!!

    Count me in for $100. Have contributed to IV before as well.




    obviously
    07-27 07:15 AM
    LEGAL AND STUCK IN - 7 YRS. ILLEGAL AND SNUCK IN - 7 MINS. CHOOSE!

    It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.

    Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.

    Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).

    So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.

    Thanks!



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