Totoro
06-07 09:11 AM
I guess there is very little follow-up on this issue.
That doesn't mean nothing is being done. I am continuing to do a lot of work on this, but there is nothing new to post right now.
To date I have been able to get every newspaper in the country to do stories on this, as well as three scathing editorials in the NY Times, LA Times, and Mercury News, all of which slammed the government for its action.
I have worked with the staff of a member of Congress to ensure that house representatives were aware of the issue.
As a result, the house of representatives unanimously passed the HEART Act giving stimulus payments to affected soldiers overseas.
I have been able to get an important legal organization to review and research the topic for possible litigation.
I would love to go over the legal details with you, but it is not prudent to give too much detail here right now.
And finally, I have been corresponding with immigrants like you providing advice and updates on the situation.
I am not sure what more you expect.
That doesn't mean nothing is being done. I am continuing to do a lot of work on this, but there is nothing new to post right now.
To date I have been able to get every newspaper in the country to do stories on this, as well as three scathing editorials in the NY Times, LA Times, and Mercury News, all of which slammed the government for its action.
I have worked with the staff of a member of Congress to ensure that house representatives were aware of the issue.
As a result, the house of representatives unanimously passed the HEART Act giving stimulus payments to affected soldiers overseas.
I have been able to get an important legal organization to review and research the topic for possible litigation.
I would love to go over the legal details with you, but it is not prudent to give too much detail here right now.
And finally, I have been corresponding with immigrants like you providing advice and updates on the situation.
I am not sure what more you expect.
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admin
03-17 03:51 PM
Hi,
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
piyushpan,
Exactly my reactions too. In the section by section analysis posted on Frist's website - http://frist.senate.gov/_files/031706section.pdf it does look like it is only for those who did their masters in the US though. So I-485 and consequently EAD will not be a problem for those of you.
However if you do not have 3 years of experience in a related field, you will be subject to the quota and hence you will have to wait for the priority date to become current to get you I-485 approved though.
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
piyushpan,
Exactly my reactions too. In the section by section analysis posted on Frist's website - http://frist.senate.gov/_files/031706section.pdf it does look like it is only for those who did their masters in the US though. So I-485 and consequently EAD will not be a problem for those of you.
However if you do not have 3 years of experience in a related field, you will be subject to the quota and hence you will have to wait for the priority date to become current to get you I-485 approved though.
va_labor2002
12-01 12:45 PM
SATYAGRAH is an Excellent idea.One day hunger strike near Capitol hill will give enough media attention ! I think it is legal to protest in a peacefull way. It is much better than rally ! I am ready to participate in SATYAGRAH in DC !
Keep aggressively working on SATYAGRAH (insist for truth) to end retrogression. If nothing happen in lame duck session, I would suggest to gether at DC (may be 50-100 people) and have one day hunger opposition. One person can dress like Gandhi to attract attention of media. Send one flower and picture of Gandhi to all Congree members with just one line message and it can be repeated every week.
Good thread !!
There are two things we can do to fight for devil of Retrogression. Similarly Mahata Ganghi did for Independence
1. Release stress, frustration, negativity encounter to all of us due to retrogression. Positive points are highlighed in this thread by many friends. Mahatma Gandhi also did the same to overcome enger, frustration of millions of people.
2. Keep aggressively working on SATYAGRAH (insist for truth) to end retrogression. If nothing happen in lame duck session, I would suggest to gether at DC (may be 50-100 people) and have one day hunger opposition. One person can dress like Gandhi to attract attention of media. Send one flower and picture of Gandhi to all Congree members with just one line message and it can be repeated every week.
This is just my thought !!! I am not sure every one like it or not. When MLK Jr inspired by Gandhi philosophy and made revolution, why can't we?
Keep aggressively working on SATYAGRAH (insist for truth) to end retrogression. If nothing happen in lame duck session, I would suggest to gether at DC (may be 50-100 people) and have one day hunger opposition. One person can dress like Gandhi to attract attention of media. Send one flower and picture of Gandhi to all Congree members with just one line message and it can be repeated every week.
Good thread !!
There are two things we can do to fight for devil of Retrogression. Similarly Mahata Ganghi did for Independence
1. Release stress, frustration, negativity encounter to all of us due to retrogression. Positive points are highlighed in this thread by many friends. Mahatma Gandhi also did the same to overcome enger, frustration of millions of people.
2. Keep aggressively working on SATYAGRAH (insist for truth) to end retrogression. If nothing happen in lame duck session, I would suggest to gether at DC (may be 50-100 people) and have one day hunger opposition. One person can dress like Gandhi to attract attention of media. Send one flower and picture of Gandhi to all Congree members with just one line message and it can be repeated every week.
This is just my thought !!! I am not sure every one like it or not. When MLK Jr inspired by Gandhi philosophy and made revolution, why can't we?
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nat23
06-26 02:09 PM
i thought a simple majority i.e. >50 would make the bill pass through senate. is that not true?
Nope. Need 60 votes to do anything in Senate and that is why even though the Dems have a so called majority then cant get anything done.
Nope. Need 60 votes to do anything in Senate and that is why even though the Dems have a so called majority then cant get anything done.
more...
go_guy123
02-11 02:11 PM
They have to abolish the H1B programme completely since they can no longer prevent its abuse. They need to have a new process in place in which scrutiny occurs for each application of a foreign worker!
Actually abolishing the whole H1B thing is theonly way. Actually IV should actively start lobbying against any H1B increase. Then only there is a chance of of corp america supporting any GC reform.
IV should work on highlighting the H1B abuse that is going on, in the media
so that the whole H1B will become so radioactive they will be forced to scale down or reform the H1B.
H1B visa is the main reason for EB problems.
Actually abolishing the whole H1B thing is theonly way. Actually IV should actively start lobbying against any H1B increase. Then only there is a chance of of corp america supporting any GC reform.
IV should work on highlighting the H1B abuse that is going on, in the media
so that the whole H1B will become so radioactive they will be forced to scale down or reform the H1B.
H1B visa is the main reason for EB problems.
stldude
07-05 11:04 AM
Just called USCIS and told her that My application was mailed on Jun 28th and it got delivered on July 02. I also told her that my PD is May 2003 (hence i'm eligible to file in June)..
She told me that since i mailed it in June and this Notice goes into effect in July 02 my application WILL NOT be rejected... She asked me to wait for receipt notice :)
GOING CRAZZZZZZZZZZZYYYYYYYYYYYYYYYYY
hilarious!!!!
She told me that since i mailed it in June and this Notice goes into effect in July 02 my application WILL NOT be rejected... She asked me to wait for receipt notice :)
GOING CRAZZZZZZZZZZZYYYYYYYYYYYYYYYYY
hilarious!!!!
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jimytomy
05-19 05:54 PM
Appreciate IVs hard work ! Contributed $100 :)
Receipt ID: 0329-8249-7486-9205 :)
An email with your order summary has been sent
Merchant Contact Information : Immigration Voice
donations@immigrationvoice.org
850-391-4966
Thanks,
Jimytomy
Receipt ID: 0329-8249-7486-9205 :)
An email with your order summary has been sent
Merchant Contact Information : Immigration Voice
donations@immigrationvoice.org
850-391-4966
Thanks,
Jimytomy
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rainy
05-29 07:36 AM
Contributed 200.
Receipt ID: 2462-8385-5555-4203
Thanks
Receipt ID: 2462-8385-5555-4203
Thanks
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meridiani.planum
06-27 02:35 AM
Few min back I just got the "Card production ordered" email - Took a total of 28 days
NSC or TSC?
NSC or TSC?
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gcloop
04-10 09:12 AM
I know Oracle developer opening if you're interested and have 1-2 yrs of experience send me your resume.
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Dhundhun
06-26 03:08 PM
I don't know how to start a new post so place here....
I was working on a H1B.
Husband - who is the premary person applied for Green card. When his priority date was current he applied for I-485 for both of us.
After getting my EAD I started working on EAD for 1 month and got the paystubs for past one month. Now looking for new job.
Which status Am I - H1B or EAD...:confused:
Now If I am on EAD can I take a break for 3 months before the next job offer.
Thanks for your replys in advance....
H-1B is dual status with AOS Pending. Since EAD is used now you are in AOS Pending or parolee status.
I think, still H-1B extension can be filed. Also you can continue to work on H-1B with current employer holding H-1B.
With various flexibility, related to H-1B dual status you need to confirm with Lawyer but two things are defenetely acceptable:
1. You are now AOS Pending or Parolee status
2. You can reinstate to H-1B if you file extension/transfer and it is approved with COS.
With Parolee, break is OK. People have been taking break without pay on H-1B also.
I was working on a H1B.
Husband - who is the premary person applied for Green card. When his priority date was current he applied for I-485 for both of us.
After getting my EAD I started working on EAD for 1 month and got the paystubs for past one month. Now looking for new job.
Which status Am I - H1B or EAD...:confused:
Now If I am on EAD can I take a break for 3 months before the next job offer.
Thanks for your replys in advance....
H-1B is dual status with AOS Pending. Since EAD is used now you are in AOS Pending or parolee status.
I think, still H-1B extension can be filed. Also you can continue to work on H-1B with current employer holding H-1B.
With various flexibility, related to H-1B dual status you need to confirm with Lawyer but two things are defenetely acceptable:
1. You are now AOS Pending or Parolee status
2. You can reinstate to H-1B if you file extension/transfer and it is approved with COS.
With Parolee, break is OK. People have been taking break without pay on H-1B also.
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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.
You are reading what you want to read.
No more post from me on this issue. Good Luck.
more...
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rockstart
07-17 07:21 PM
IV is asking people to participate in calling senetors to support Lofgren bills. Its asking for visa recapture? How does this translate in saying nothing is being done? Let me ask you politely in which campaign's have you participated
IV is basically saying EB3 folks stop all initiatives. Rather convert to EB2. It's comfortable to say IV core and decisionmakers are composed of EB2 folks.
IV is basically saying EB3 folks stop all initiatives. Rather convert to EB2. It's comfortable to say IV core and decisionmakers are composed of EB2 folks.
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santb1975
11-18 11:41 PM
Please Contribute
http://immigrationvoice.org/forum/showthread.php?t=15493
Today there are threads filled with tons of ideas and not even 500 dollars in total contributions that we asked yesterday. Now please decide how we can bring a major change and get greencards for everyone in less than 500 dollars.
http://immigrationvoice.org/forum/showthread.php?t=15493
Today there are threads filled with tons of ideas and not even 500 dollars in total contributions that we asked yesterday. Now please decide how we can bring a major change and get greencards for everyone in less than 500 dollars.
more...
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bekugc
06-04 12:28 PM
hi smartboy;
as far as i know -> if spouse is working on EAD, she is NO LONGER on H4.
and the agreed way of re-instating h1/h4 is via H1/h4 extension or amendment or via h1/h4 stamping.
if she leaves US and wanna come back , then she can use AP.
if she still has a valid h4 stamping in the passport, i guess she may be tempted to use it; but i dont know what the implications cud be at the POE. the IO can chk her SSN and find out easily that she is on payroll at employment and paying taxes etc and can question "well it seems like u were working, and now u want to come back to H4? did u quit ur job etc etc". im just guessing but these cud be very valid questions.
assuming her h4 is accpted at POE, then she comes back to h4 nonimmig visa and is immediately not eligible to work.
One may say that - oh ok, now taht im back in the US, let me use EAD again and get back to work. but this becomes like flipfloping and just misusing H4 for travel purposes.
it may be a grey area, chk with a lawyer regarding this. who knows theoritically it may be allowed to flipflop between h4 and ead.
as far as i know -> if spouse is working on EAD, she is NO LONGER on H4.
and the agreed way of re-instating h1/h4 is via H1/h4 extension or amendment or via h1/h4 stamping.
if she leaves US and wanna come back , then she can use AP.
if she still has a valid h4 stamping in the passport, i guess she may be tempted to use it; but i dont know what the implications cud be at the POE. the IO can chk her SSN and find out easily that she is on payroll at employment and paying taxes etc and can question "well it seems like u were working, and now u want to come back to H4? did u quit ur job etc etc". im just guessing but these cud be very valid questions.
assuming her h4 is accpted at POE, then she comes back to h4 nonimmig visa and is immediately not eligible to work.
One may say that - oh ok, now taht im back in the US, let me use EAD again and get back to work. but this becomes like flipfloping and just misusing H4 for travel purposes.
it may be a grey area, chk with a lawyer regarding this. who knows theoritically it may be allowed to flipflop between h4 and ead.
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Dakota Newfie
03-21 04:16 PM
Not entirely correct. When as you say this country treats all Employment based immigrants equally, why set quotas, why distinguish between EB1, EB2 EB3 etc.
The point is there are rules and they tend to favor certain applicants over others in the queue. More education generally does mean more skill. It does not always mean more pay, but this country has decided to use education and work experience as the criterion for EB category allocation.
How can you say all nations have an equal opportunity to immigrate to the USA. That is patently false and you know it. Now you can defend it and say it is the US right to set its rules the way it wishes, and I can respect that, but to say it is equal opportunity is wrong.
What I have said all along is that EB immigration is to redound to the benefit of US EMPLOYERS not you or me. That is why the rules were skewed so much in their favor. Now, we agree there has been some abuse in this system, by those this system was meant to help, however its purpose remains intact. The rest of the rules are secondary to this intent, but nevertheless important.
The USCIS/DOS set quotas for visa numbers because the United States does not want to be overwhelmed with immigrants. And these quotas are spread evenly through all nations and ethnic backgrounds. Considering the populations of the "oversubscribed" nations, this is justified. I can see where the immigrants from these nations feel "discriminated against" in the fact that they receive a smaller percentage (NOT NUMBER) of visas per capita than ROW countries. This does not make the system unfair. And if you think that certain countries get special treatment, think again; there are plenty of people in ROW (like me) who have been waiting for years as well!
The point is there are rules and they tend to favor certain applicants over others in the queue. More education generally does mean more skill. It does not always mean more pay, but this country has decided to use education and work experience as the criterion for EB category allocation.
How can you say all nations have an equal opportunity to immigrate to the USA. That is patently false and you know it. Now you can defend it and say it is the US right to set its rules the way it wishes, and I can respect that, but to say it is equal opportunity is wrong.
What I have said all along is that EB immigration is to redound to the benefit of US EMPLOYERS not you or me. That is why the rules were skewed so much in their favor. Now, we agree there has been some abuse in this system, by those this system was meant to help, however its purpose remains intact. The rest of the rules are secondary to this intent, but nevertheless important.
The USCIS/DOS set quotas for visa numbers because the United States does not want to be overwhelmed with immigrants. And these quotas are spread evenly through all nations and ethnic backgrounds. Considering the populations of the "oversubscribed" nations, this is justified. I can see where the immigrants from these nations feel "discriminated against" in the fact that they receive a smaller percentage (NOT NUMBER) of visas per capita than ROW countries. This does not make the system unfair. And if you think that certain countries get special treatment, think again; there are plenty of people in ROW (like me) who have been waiting for years as well!
more...
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santb1975
04-16 06:49 PM
I have had no problems with them. I always got my emails/ calls answered from my attorney and paralegal in less than a day. They were always reachable. All my paperwork was filed per the timelines that were communicated to me. I could not ask for more. They were awesome
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pd_recapturing
06-21 12:18 AM
I have applied AP two times so far. I have always got my AP started date is same as expired date of previous one so in a nut shell, I dint loose a single day. I have always sent a cover letter explaining the different dates so that might have been the key.
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rockstart
07-17 07:17 PM
You are talking as if IV made this change possible. This is nothing but conspiacy theory that you have made up. It was entirely CIS decision to reinterpret the spill over rules. I had never heard any of IV member on this forum or in state chapter updates talking about spill interpretation campaign. This has been a suprise for most people ( a pleasant for some of us) You tell me what can IV do here tell CIS to revert back to EB3 ROW in which case both Eb2 & Eb3 Ind remain U for time eternity.
Yes, what I posted was meant to be hard,
ask a EB3 person if he was happy when EB3 was available and Eb2 was not.
Did any one try to justify the reason why EB2 was UNAVAILABLE? No.
Did anyone here feel unhappy that EB2 moved so nicely? No.
Then why are we not seeing a single post from anyone which says we as aspiring immigrants are not being failrly dealt with when EB3 did not move with EB2.
Instead we see posts about why EB3 is not moving and explanation of reasons behind it.
Is there a hidden agenda here, NO. Not from IV, am i trying to prove something like that? I dont think so.
Yes, what I posted was meant to be hard,
ask a EB3 person if he was happy when EB3 was available and Eb2 was not.
Did any one try to justify the reason why EB2 was UNAVAILABLE? No.
Did anyone here feel unhappy that EB2 moved so nicely? No.
Then why are we not seeing a single post from anyone which says we as aspiring immigrants are not being failrly dealt with when EB3 did not move with EB2.
Instead we see posts about why EB3 is not moving and explanation of reasons behind it.
Is there a hidden agenda here, NO. Not from IV, am i trying to prove something like that? I dont think so.
gc4me
07-01 09:41 AM
I would suggest you to enter your receipt # in case status tracking system in USCIS.gov and verify. You might have wrong receipt # in your profile.
Got this email again today at 9:05am
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On June 30, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283
Got this email again today at 9:05am
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On June 30, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283
prince40
04-16 05:32 PM
Get a desi lawyer, get a desi employer....life is beautiful !
and get underpaid?
and get underpaid?
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