Wednesday, June 29, 2011

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  • simple1
    05-01 03:14 PM
    exactly, spouse/derivate doesn�t get affected at all (other than a shorter or longer delay, depending on calculations).

    Anyways, regardless EAD/AP or green card the derivate cant leave the country longer time. There will be no diff for her.

    They have no strings attached EAD. Look at ours/primary? Can a programmer-EAD take up Project manager Job? Categorically No.

    If the primary gets greencard earlier both (primary with GC, spouse with open-ead) can work/move any place they want.

    Plus it is fair this way for some primary waiting in the queue and there is no law tying EBdependent with EBquota.

    Again, I am waiting to hear a forum-Attorney or IV-core�s interpretation.

    I support finding the fact...

    Following two concerns were raised but the answers should satisfy....

    1) Spouse may not get EAD/AP?
    The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
    Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
    The document only says that the visa must be used from family quota and not from employment quota.
    How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?

    2) Spouse may get GC long after?
    Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.

    In any case let the correct rules be followed.




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  • gsc999
    07-06 08:42 PM
    Please clarify. I thought it is happening on July 14 or 21.
    --
    - There is an event organized by a Chinese organization, this is 7th July in San Jose. Please see first post of this thread for details
    - Since it is such a short notice for 7th July event, who ever is interested from IV may join it. I will join to show support to the Chinese organization for our cause. You are welcome to join too.
    - IV will organize a similar event on 14th July. We will publish details about location/route/time soon.

    Hope this is clear.




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  • simple1
    05-01 03:21 PM
    I second that. Technically they should not be. thanks MCQ, H1 and H4 is a great example
    If at all they are counted they must be counted in FB2A not EB.

    Honestly, I don’t care if they are counted or not. Why would 5 year old kid get counted in EB quota. I don’t get it.

    as long as they are not counted in EBquota. There is no legal basis for that. Or atleast I could not find one.

    I have long been of the opinion - told to me by an immigration lawyer, that when you file your I-485 when the PD is current, and your dependents file also that only the Primary counts towards the quota, dependent GC's do not count towards the employment based visa quota - so this may be a moot point as to whether or not they should be in the family or employment based lists.
    Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.




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  • sunnysharma
    06-11 10:21 PM
    Print this up, You should be able to see LIN/WAC numbers clearly..



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  • thomachan72
    05-23 06:54 AM
    This is a letter that I sent to the compete america group
    Dear Friend,

    Let me first of all thank you for taking a strong stand for your highly skilled employees at this critical time. I am on an H1b visa and am a certified professional working in this country. I just wanted to ask you a few question. The biotech firms employ a lot of people on H1b visas. How come none of them, excluding Genentech, is included in the compete america group's letter to the congress. I strongly feel and pharmaceutical companies, contract research organizations, other biotech companies should also be included to stand for the H1b visa and green card issue for their employees. Seccond question I would like to ask is about the provision to renew the H1b in increment of 3 years each after the 6th year, which apparently has been taken off in this new CIR bill. This is a very technical issue and employers would not want to loose the trained employees after the 6th year period. It does not make any sense to refuse renewability of the H1b after 6 years since by that time that employee has already become an asset to the company or this nation. Please make sure to stand for that particular issue. H1b should be renewable in increments of 3 years each if the GC has been filed by the 5th year. Let me thank you for successfully campaigning for increasing the H1b numbers and hopefully this will enable me to move from my present acadamic position (Ast Prof at XXXXXX) to an Industry. Please let me know if there is anything we could do to help include the biotech firms/pharma into your group. Thanks and regards,



    XXXX

    XXXXX

    XXXXX




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  • jindhal
    09-24 01:35 PM
    I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

    Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

    This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.

    Thank you!!



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  • krishnam70
    07-10 12:12 AM
    The immigration lawyers are talking about the flower campaign! Matthew Oh reported it on his website. So did Bender's Immigration Bulletin. Now this is the latest from Greg Siskind's blog!

    http://blogs.ilw.com/gregsiskind/

    Emilio has made a statement that the flowers will be forwarded to Walter Reed hospital




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  • chanduv23
    07-08 11:23 AM
    I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.



    Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.



    This is really a very unfortunate situation.

    The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.

    Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.

    On the practical side, vast majority of employer have no issues with such EVL letters.

    Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.



    It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.

    There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.

    I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.

    ---------------
    Life is not fair; get used to it. - Bill Gates

    Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates


    .

    Your perspectives go well beyond what an average immigrant thinks about the whole EB system.

    I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.

    In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.

    I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.

    A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.

    I am not blaming an employee or employer for this but this entire EB based system is set up in that way.



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  • Honda
    09-10 12:33 AM
    -with correction
    We all morons and still wont learn, we will still start predicting for next visa bulletin hoping that a reincarnation of god will come and deliver us visa numbers.
    Unless we all make a collective effort no one is going to listen to us. I know the fate of my post, we all will get busy to get our post noted or express our opinion which will definitely solve our problem or proving our point the that "i am right you are wrong" or get busy with "my ideas are better than yours" or "who wins the quote slamming contest".
    We have simply lost our fous of our main problem . I think we deserve this perhaps I think if we continue like this we dont even deserve GCs.[/QUOTE]

    There is nothing change in the next bulletin. What you saw from the last couple of bulletins "Unavailable". That should be happened with in few months. This is my opinion. I am not blaming any body. This is the real situation going on from the last couple of years bulletins.




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  • dtekkedil
    07-03 12:34 PM
    Hello folks looks like that link for the "sweetheart roses" doesn't work anymore (They probably ran out!)! The cheapest flowers I could find now are these -

    http://www.ftd.com/350/catalog/product.epl?product_id=FFCB&index_id=product_roses



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  • dtekkedil
    07-10 09:53 AM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD

    Check the USCIS Home page-

    http://www.uscis.gov




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  • hpandey
    07-20 05:07 PM
    IV could not even collect 20K in the Washington DC drive. I hardly saw EB3 folks contributing (based on my observation, I might be wrong so take it easy). If every EB3 person contributes 50USD, it will be enough to run a campaign. Action is the key, not posting in forums. Hope we get out of this EB2 vs EB3 and as focus on visa recapture.

    I am EB3 and I contributed to every IV campaign including the last DC advocacy. Just because all IV efforts end up helping only EB2 does not mean EB3 people do not contribute or participate in advocacy efforts. Its just that no one wants to hear about EB3 whether it be USCIS or anyone else. :mad:



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  • Lasantha
    02-05 11:36 AM
    I don't think the Canadian officers will ask you that question. But like someone else said on this thread that question may be raised by the US officers when you return. I am curious to know about this myself.

    Aslo (I don't want to scare you but thought you ought to know) there's another discussion going on here http://immigrationvoice.org/forum/showthread.php?t=17061 where the US officers at POE in SF airport raised an issue saying that AP can be only used for imergencies. This looks more like an isolated case but I want everyone to be aware of that case.



    In my case, i do not have a valid H-1B visa stamp. I recently visited India and used Advance Parole. Questions related to this

    1) do i need to surrender my PAROLE I-94 before departing USA?
    2) does canada immigration officer ask me why i have applied for canada gc while my USA gc is in process?:confused:

    Thanks.




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  • xela
    04-24 01:08 PM
    I think the admin should respect the wishes of his friends and close this thread, it is causing pain for them.
    If all of us agree that we need to help his family then lets open a new thread and make it about helping them, so his friends do not need to come back here and read his last words over and over again.

    I am just trying to be sensitive to those that knew him.


    Folks

    Is there any link to contribute to help his family ??

    Let me know please.

    Bala



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  • WaitingYaar
    02-07 11:21 AM
    If you use AP you enter the US as a "parolee". (Is that how you spell it?).
    If you use AVR I believe you enter as an H1B. I would prefer to enter as an H1B
    since I have not yet used my EAD or AC21.

    To clarify - are you suggesting that it is advisable to use AVR if you have both AP and AVR, and you have not used EAD or AC21 so far. Also, my spouse and myself could be returning at different times in to the country from Canada. Does this change the preference of using either AVR or AP. Since I am the primary applicant but of course we plan to land together.




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  • BharatPremi
    12-16 06:26 PM
    if you see life as a series of choices and actions, then the lack of GC inhibits a lot of choices and actions.

    how badly you wish to change career for example, varies among individuals. but one should not forget that life is finite number of years, and the system here wants to eat all your productive years by dangling the GC carrot.

    as sufferers of this ordeal, i believe it is our duty to inform the young and innocent who are not yet in this mess, about the future that awaits them.

    mind you i am not discouraging anyone from coming to the US.. that is a decision that must be made by the individual.... just making sure the rules and realities of the game are known to people before they come here.

    ^



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  • makemygc
    07-07 09:01 PM
    ---
    Just came back, here is my report:

    - There were five Chinese and seven Indian people at the march. It was small fun group.
    - The group was small but the outcome as you will note from my report below was productive
    - Fighnow, who is the Chinese member of mittb.com had initiated this 7th July march, because of the short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
    - Fightnow, and his friends were fully prepared with big banners and all, with appropriate slogans
    - In the beginning there was some police presence but they left an hour later, I guess because of a small group
    - We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
    - Luckily a Chinese TV station happen to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
    - The parking is free on weekends.
    ----------------------
    What we need to do is:
    - Organize a bigger march on 14th July
    - Organize a similar event in DC if possible so get more mileage
    - Prepare some banners and placards etc.
    - Bring water, it was warm
    - Have fun
    -----------------
    Let me know if you have any questions or suggestions

    All kudos to you guys. Hope we can organize a bigger rally in DC sometime soon. Time to come on the roads now. People needs to know.




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  • JazzByTheBay
    07-10 06:43 PM
    Excellent idea.... this stuff on YouTube should generate a lot of page views. The YouTube video can then be embedded in an IV.org web page as well.

    jazz

    How about we come up with a skit where we can reenact the drama about the whole episode in a funny way. Where we can have people portraying roles of USCIS Director, Secrtary of State, Immigrants calling franctically to India to get their documents, parents running around to get doucments, the start of rumor, the employees of uscis working on sunday to adjudicate the cases, then the flip flop of DOS. etc. Then we can put this on youtube and will attract publicity.




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  • diljit123
    08-20 07:28 PM
    Guys:

    For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.

    Take Care

    I suspect you are right. Even my lawyer kept the memo ready sent it out on Aug 01 requesting a FP notice and instead i get a "card production" email. The lawyer had indicated that these memo do result in case movement and not many take advantage of the possibility.




    smuggymba
    02-02 01:24 PM
    Good luck!. In my opinion, you need to know following people very well apart from money if you want to lead the same lifestyle.
    1. MLA or MP (Even to get good school admission you need recommendation)
    2. DSP or SP level police officer (to have security in life)
    3. Thasildar level officer (to have your property secure)
    4. Local Dhadha's support (to protect from land acquisition, other dadhas)
    5. Good neighbors, teachers and relatives (to protect our loved ones spouse/kids from emotional attack)

    And of course at least 2 crores cash (half million US $??). I don't have anything right now, so I would love to spend my rest of live here hoping to get GC some day in my life.

    very well said. Nothing is possible in India without "jugaad" and "sifarish". Live there and you'll know. If you happen to be in a police case (auto accident, robbery etc), you'll know how important it is to have links with the police and local politicians, otherwise someone will screw you and you won't be able to do anything.

    No one can help you from where I come in India if you don't know the MLA or police. This is the part that keeps me here......an oh yes...the mosquitoes as someone mentioned.:)




    nepaliboy
    05-21 07:45 PM
    Thanks
    but when you can see ?
    i see some are posting same day they saw lud but mine is already 24 hours , still nothing going on >



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