Thursday, June 9, 2011

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  • knnmbd
    06-30 01:25 PM
    we are working on setting up a webfax aimed at House members supporting Congressman Shadegg's bill.
    Logiclige,
    Does the SKIL bill have to go back to the Senate if it is passed in the House, since the SKIL Bill was already a part of the CIR and the senate voted on it? Or does the full circle have to be followed all over again?




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  • desi3933
    02-25 02:29 PM
    This press release only shows that it is an administrative/executive fix. Either it is USCIS or DOS or the President, is what I do not know. But clearly, it is something not mandated by legislation, else USCIS/DOS would be breaking several laws by continuing to use the old bulletein.
    You are reading what you want to read.

    No more post from me on this issue. Good Luck.




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  • stucklabor
    03-20 07:26 AM
    justAnotherFile,

    I am working from a reading of the actual bill text.

    The student visa provision on adjustment of status says that it applies to everyone who would have been in that position if the new visa would have been in place when they graduated - i.e., it is retroactively applicable. In addition it clearly says that it is applicable to students who join an accredited graduate program in STEM to obtain an advanced degree. The contrast with Specter is clear - Specter's markup clearly mentions PhDs, where Frist's bill only mentions advanced degrees. I really haven't mentioned the 1 year provision and the $1000 provision in my earlier posts. Those are givens.

    If you can tell me why I am wrong looking at the bill text, instead of from a bill summary posted by someone else, it would be a lot more helpful to everyone on this forum.


    Please read section 405 of Bill Frists summary for his bill
    http://frist.senate.gov/_files/031706section.pdf

    It clearly mentions that the immediate application of I-140 and I-485 applies to f-4 visa holders only that too if they find a job in their field within 1 yr of graduating. and on payin $1000
    it remains to be seen which category is elgibile for f-4 (only phds or more). it is possible that some current students on f-1 will be eligible for conversion to f-4.

    for rest of f-1 students it simply allows for 2 yr OPT instead of curretn 1 yr.

    it also implies that the labor cert exemption does not apply to already graduated MS or PhD STEM degree holders with or without 3 yrs exp.

    my 2 cents




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  • prince_charming
    09-12 07:08 PM
    What are we supposed to do now?? we should make this an IV campaign issue. USCIS is not following the rules set by congress. AC-21 is the law and USCIS is not following the law and causing hassel to the legal immigrant community. The legal immigrant community should really do something about this.

    I will wait for Denial notice. My attorney might get it mid next week if USCIS send it today.

    I don't know if anyone has been through this situation before.... I want to know if they filed MTR and case got reopened?



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  • dpp
    07-21 09:12 AM
    Yes, you are right. It shouldn't take years to make a decision even if it is complicated. I think they may be not working on those cases at all. That may be the reason, they didn't comeup with any decision. It will be good if DOL gives the operating procedures and comeup with fair action on what they are really doing.



    My case was filed in 2002 under traditional labor certification. DOL never questioned anything or asked for any clarifications (so I assume there were no complications). The job was advertised in last April (it was a little newspaper advertisement with few lines and very generic job requirements). There were no resumes received. But still I have not received my labor approval. So what baffles me most is why has the DOL been not able to taken any decision on my case even after 5 years. One of my friends who applied in traditional labor two years after me has already received his LC. Let us say, for argument sake, the case was complicated. How complicated can it be to be delayed by several years, not months? We probably would get answers to these questions only if we drag the DOL to court and make them explain.




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  • pappu
    04-10 11:48 PM
    Thank you qasleuth. I did not even read the whole thread but this thread needs to be closed and some action needs to be taken against anti-IV elements.

    Folks, IV is a platform to come and work on the common goal. It is not a platform to come and abuse it by blaming it just because you do not have a green card till now. Come join us and help out. Be an active volunteer and work on daily basis with us to solve the problem and make IV better. We need more real workers on the ground than strategy advisers, critics and Management consultants.

    Enough said. Actions will speak louder than words and you need to get involved to tell us your ideas. If you are interested to actively participate send us an email (info at immigrationvoice.org) with your valid email address with your name, phone number and what you would like to do to help IV. We will welcome your active participation and assign you leadership roles if you want.

    The thread is closed.



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  • logiclife
    06-26 02:06 PM
    64 Ayes, 35 Nos

    the battle begins again... :(

    Its only going to take 5 people to break away from the 64. Those 35 "No" votes are the ones who want CIR dead NOW. They are not going to change. But those 64, its only going to take 5 people to walk away.

    There are 24 amendments. I think atleast 5 people would see their amendments fail on the floor of the house and probably another 5 atleast who would withdraw support because someone else's amendment passed. This baby is going DOWWWNNN this weekend per my estimate. I could be wrong but again, 24 amendments ? That's too many darts on a fragile compromise.




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  • anilsal
    12-05 10:39 AM
    In my opinion, with this global economy - if the spouse is well educated and can work, there should be an opportunity for that person to work (atleast few hours per day).

    Sitting at home and taking care of kids for long, can drive a capable/educated individual to psychological issues, which can overall have an impact on family as well as the mental wellbeing of the breadwinner.

    What happened to all those Equal rights for women/dependents etc etc groups in the US? Ofcourse I am not saying that all H4 people are women (the majority is women)



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  • Jaime
    09-08 01:42 PM
    OK, the poll has not been a huge success :) but, for the person who voted "need more solid reasons to attend" the rally, here is the most solid reason: It's your dignity, freedom and right to speak up! You can make a change! TOGETHER we can! Will you attend? PM me if this reason is still not good enough, and we can talk. I am willing to work with you and help you in any way so you can attend!




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  • immique
    03-24 10:17 PM
    I also heard a lot of different things from some of my friends not sure if all of them are true or not. I have heard that people who did Labor substitution or converted from EB3 to EB2 are getting unusually high number of RFEs compared to others. Also DOL seems to be tightening up and scrutinizing EB2 applications vigorously(this is hear say don't take my word for this). Personally the one fact that I can vouch for from my experience with my family and vast circle of friends that did apply for Green cards is that people with a straight forward EB2 application had much higher chances of getting approved even with a later priorty date. I know four friends with a PD of June 2005 EB2(and many more with earlier PDs) from one retrogressed country who got green cards during that 1 month in July 2007 when all the dates were current. But I also have several friends who are either EB3 to EB2 conversion or EB3 with much earlier PDs (2002/2003) who unfortunately are still waiting for their I 485 approval even with an earlier PDs(most of them even did PERM Labor with transfer of PD or EB3 to EB2). many of them are still replying for RFE for one or the other issue. Does having a complicated application with EB3 to EB2 transfers/ Labor substitution delay the processing or lead to more scrutiny from USCIS? I don't know. I would like to know more from the other friends in the forum who have received RFE recently regarding their experiences. Also any straight forward EB2 filers who got RFEs please post your experience.



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  • s_r_e_e
    08-16 09:45 PM
    One more in same boat here .. EB3 India approval email received.. Dependent not approved , RFE for photos on EAD application .. EAD expires in one month ... lot of frustrations and trouble on my way I guess!!!!

    Though I haven't been able to get proper info from INS, I believe my approval is legit. I have had an EB2 I-140 approved in 2006 from a different employer. The GC approval notice shows the PD of 2002 (EB3 PD) and category of E26 (which I have learned EB2).

    It looks my case is considered as 2002 EB2 , if I ever knew this I could have tried to get an approval earlier.

    we see more and more cases where some smart USCIS system auto porting the applications to EB2 /earlier PD if one have different I140 approved. Another example is for an IV member texanmom .




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  • bestin
    10-20 11:40 PM
    how was the meet? updates, pics etc...???
    Good start.I think 14,may be 15 turned around.We had an overall idea of the objectives of IV.Some shared valuable points.In short thanks to WD and CC for organising such an event.I think they would be contacting core with updates.

    For a start it was nice that so many people turned around.;)



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  • PD073102VA
    03-19 07:32 PM
    PD, I don't agree with the phrasing of the new Labor Cert clause. That is not how I read Frist's bill. Did you make up the new labor cert clause yourself?

    Yes, by removing "or" from (I), adding "or" at (II), and adding (III). I think this is how it would read. How do you think it should read?




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  • nrakkati
    03-24 10:47 PM
    I think OP posted on Murthy fourm too. This is reply from a user at that forum.




    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1321092881&r=5131043881#5131043881

    If COS means -'change of status', mine is not change of status.
    It is H1 to H1 (I believe that means it is not change of status) .

    Thank you



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  • Caliber
    06-11 08:31 AM
    the world is not fair, I am willing to fight my part to make it fair and just for all.

    Kartik, as long as we, the EB3 do not come forward and collect huge amount for lobbying, we will continue to lurk here for many more years.

    Unfortunately the sad part is, whatever lobbying is done actually helped only EB2 I, may be due to a wrong notion by USCIS that all Hi-tech immigrants are EB2. This could be a fact as there are thousands of 245 cases that fell into EB3.

    Another bad thing was that USCIS release this VB yesterday which means one extra day to CRY.

    I do not blame any one, but ourselves. We do not want to spend money and hence dying in this process. No solution, but cry at every VB day.




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  • angelfire76
    02-15 02:32 AM
    You have a great plan, come to US on H1 and within 6 months get EAD and you are free from H1b crackdown by jumping to EAD. You think USCIS, Grasley, sanders, and anti eb folks are a bunch of idiots, they will send you and me packing with the same rfe they are hitting h1 folks with if everybody gets to pre file AOS and get EAD. that is why you need to strengthen ac21 by removing same\semilar job condition and other potential h1 like rfe's, otherwise you will drag us down along with you and turn ead into h1.



    How tough it is to get PERM approval nowadays with the economy being what it is. Previously we had some reasonable times, but now every application is being scrutinized closely. It's not as easy as 6 months after landing in the US to get PERM approval and be able to file for EAD.

    Your arguments have a flavor of "Let me in and shut the door". So please go away and start your own thread for reforming AC21.



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  • neoklaus
    02-07 11:43 PM
    If you extend the deadline anymore, you should change the name to either
    The Honorable Barack Obama :mad::mad: or
    The Honorable Hillary Clinton :mad::mad:

    Every joke has got a part of ...joke.

    I was thinking about sending letters (not exactly as to WH but about legal immigrants issues) along with contributions for their campaign to the above named persons.




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  • pitha
    05-31 10:49 AM
    You are right but unfortunately history has thought us that when it comes down to GC versus H1b everybody is willing to throw GC under the bus to get H1b provisions.

    This current bill is no exception, h1 increased from 65,000 to 115000 with triggers to increse it to 185000, but no provisions for green cards.

    a exclusive emendment with GC will be the only way out. nobody is offering such amendment and if somebody offers it might be ordered to lie on table.

    Text of almost all filed amendments is available in congressional record on Thomas. This one has been available since Friday.

    S.A. 1249. Sponsored by Maria Cantwell and co-sponsored by Cornyn, Leahy and Hatch

    It creates a parallel merit-based employer sponsored category without touching the existing merit-based self-sponsored category.

    The merit based self-sponsored category is the crappy points system. This is in parallel to that, without touching anything in points system. They have created an exact parallel replica of today's EB1, EB2 and EB3 system with labor certification and the whole enchilada where you need employer sponsor and there is not points or anything.

    EB1 = 33.3%, EB2 = 33.3% and EB3 = 33.3%. Definiation of EB1, EB2 and EB3 would be the same as it is today.
    Total quota of 140,000 with automatic recapture of previous years unused GCs.
    Exemptions for US masters and non-US STEM masters with have 3 years experience in that STEM field.The risk factor:

    Now, the bad part ... the achilles heel of every high-skills amendment is the tethered H1B quota tricks. They are exempting everyone who has US masters or a non-US master in STEM from H1 quota, effectively making H1 quota = A LOT MORE.

    The exact same radioactive provision for H1 quota is also in Lieberman-Hagel amendment 1242.

    This will sink both of them unless either there is some inside deal going on that we dont know, or they strike out the H1 issue from this on the floor of the senate at the last minute and be content with H1 quota of 180,000.




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  • chanduv23
    09-22 09:26 AM
    These words have stopped some people from attending the rally, maybe you should not use them more than million times.

    I say it, others just do not say it. I have openly criticized Murthy and even Khanna in my old posts - but now I have my highest respect from them, Murthy cheered the crowd like anything and priased all the grassroots efforts.

    If people cannot get motivated - it is their EGO and SELF PRIDE that stops them.

    Once again - everyone feels it - I say it. I once openly critized immigration lawyers for their ways of handing things which is very obvious on Rajiv Khanna's forums, some people tried to attack me saying that I am not giving the right message but the other members said "We have it in our minds and you have openly expressed it"

    I , in fact did not want this thread because it opens up to all the cry babies saying MOMA LOST MY HANDKERCHIEF AND THATS WHY I DID NOT ATTEND , MY MANAGER BIT ME ON MY HAND AND IT IS PAINING etc.....

    But tamsen and others are curious to know the reasons. Once again, IV is open to you all, IV is you and you are IV - so if you find reasons to attack IV or disrespect IV it basically means you are noe helping yourself.

    Think and decide - I am ready to take your shots, you can blame me for what I say - but remember - thats what everyone feels about u all - they don't say it and I say it.




    kalyan
    05-11 09:15 PM
    If your planning to go to Court, then gather the names from every body.

    I will contribute my buck and names for this.




    rishikesh75
    05-28 03:33 PM
    All,
    I visited the local office at Waukegan (Chicago suburb) last week to apply for SSN for my wife (H1 & EAD) and my minor son (H4) and was surprised to see SSN card in my mail box today for both of them!! :) (frankly I was expecting to see a denial letter for my son). Sequence of events

    Me: submitted SSN form, passport for my minor Son
    SSN officer: Upon seeing the visa. We do not accept application for h4 w/o work authorization
    Me: I produced the printout of SSN provision 20 C.F.R. � 422.104(a)(3) and informed here that I need to apply for Federal benefit (stimulus package) and for that I would need one
    SSN Officer: Oh yea..Oh yea.. there is a provision and she accepted the application

    My sons SSN card displays "Not authorized to work".Thanks to Totoro posting the information on 05/03/2008.
    link http://immigrationvoice.org/forum/showthread.php?t=18907



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