Wednesday, June 22, 2011

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  • gaz
    03-16 01:59 PM
    Stop advertising a lawyer. I find him very speculative. He wants everyone to come to his site and you are falling for it.

    stupid comments considering one could say the same about IV if looking at it from the perspective of some of the posts here.

    If you have nothing nice to say, maybe saying nothing may be the nicest thing. Sometimes links like this are actually very useful - especially to people coming here for the first time (or first few times)





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  • chanduv23
    12-10 02:48 PM
    Why should a drivers license be used as an ID ?

    Even if it is an ID, it should NOT be linked to immigration status.
    An ID says this photo and details are of the person holding the ID. It is meant to "identify" a person NOT for checking the immigration status.

    If someone needs to check the immigration status, they should ask for immigration documents rather than a general purpose id.


    Summary:
    All american nonsense ! :rolleyes:

    The idea here could be to give tough time for people who do not have valid visas. If they cannot get drivers license because they are on expired visa they cannot drive.





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  • gautamagg
    07-20 02:27 AM
    As some of you know that I don't really post on IV after the belittling of my posts and stand regarding F1 visas and support to Mr , I was asked by another IV loyalist friend who felt it was relevant I shared a letter I had sent to Mr. E Gonzalez over email yesterday as learnt of this issue yesterday.

    Dear Mr. Gonzalez

    I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.

    Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
    The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?

    On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.

    The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:

    Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.

    After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.

    Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html


    Thanks
    Gautam





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  • coolmanasip
    07-09 03:46 PM
    It already, the new date for EB2I was March 07 and everyone was congratulating Q for his predictions!!! And then..........I woke up :)....and back to this crap :)



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  • gondalguru
    07-19 07:48 PM
    When is the last case for EB2 India approved?Just wanted to know the priority date of it.Mine is June 2006 EB2 when can i get my GC?Any guess?

    Last I heard of is PD June 2004 Eb2 India. He got approved on July 1st.

    Mine PD is september 2004 EB2 India. Hope it becomes current again in early 2008.





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  • bsbawa10
    01-06 02:34 PM
    Last year I had already filed for married filing jointly before stimulus check thing was in discussion. From what I understand once you file married filing jointly you cannot amend to married filing separately. You can amend otherwise.

    Anyhow this year if I do my taxes separately I end up owing to IRS. Does anyone know where to look for info for amendment?

    Thanks
    How funny and no brainer this is ? We can give taxes (thousands and thousands of dollars) and no body says , "since your wife is not having SSN, you do not have to pay taxes". But while giving back tax rebates of $1200 to $1800 or so , they say, so.



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  • sriteam
    07-05 09:59 AM
    http://www.startribune.com/484/story/1284995.html





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  • lazycis
    12-20 12:49 PM
    My understanding is that I-140 has to be approved to interfile. That's how it used to be anyway (you could not file I-485 concurrently). Anyway, interfile is not automatic so why the lawyer cannot file a second I-140 is beyond my understanding. Interfile exists so that you do not have to refile I-485, but it's up to you whether you want to do it or not.



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  • Aah_GC
    12-04 05:40 PM
    Dude.. Congratulations! Isn't that the ideal scenario to be in? You make money at both places and your GC is safe.. count your blessings and have fun!

    Gurus,

    Here is my situation:
    I-140 approved - PD: May '06
    I-485 filed - July 30 '07 (India)
    EAD cards - Received
    APs - Received

    Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.

    I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!





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  • iptel
    06-23 10:06 AM
    If the minister talks to the US President regarding VISA retrogression problem,How the outside world will come to know ? The discussions will be kept confidential ! I don't think everything will be disclosed to the press. VISA revalidation is another thing he can talk to US Secretary of State.
    Wel well well...
    If the minister talks to the US President regarding VISA retrogression problem

    What Good will that do US President in several instance has supported our cause Presidents Economic Report 2006 is one such instance. Obstacle is HR not US President. President along with senate is trying to get CIR passed problem is path to citizenship of 12million Illegal in the same bill that is raising eyebrows.

    How the outside world will come to know ? The discussions will be kept confidential ! I don't think everything will be disclosed to the press.

    Both nation has tremendous freedom of press what happens is ones bedroom is not confidential what makes you think this will be. Our GC is very trivial issue in the world of International politics.

    I am as frustrated as you are In time like this prudence should rule our thought and action not frustration.



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  • deafTunes123
    08-27 12:57 PM
    Guys,

    I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?

    Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.

    Overall the Field Office people were polite.

    Thanks,
    Thun.

    EB3 INDIA:

    PD: Jan 21, 2004
    I-140 approved: July 2005
    I-485 ND: 09/04/2007
    RD: 07/03/2007

    EB2: (Same Employer)
    PERM: Jan 21, 2007
    I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.

    Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
    Hoping that interfile is success.





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  • sbajaj80
    09-14 01:04 PM
    Does anyone know if there is a time frame (say 60 or 90 days) within which they have to approve your EAD, AP & 485 after issuing the receipt notice?



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  • shx
    11-15 03:21 PM
    The potential for misuse is too much. So I only support GC for someone with a PhD, even though I have a Masters.





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  • for_gc
    04-04 12:13 PM
    you guys are doing great job.we have been following you since the birth of I.V. .with each passing day our trust is growing more .you guys have acheived a lot so far as sometimes it becomes hard to believe that it's only few months old forum.our support is to all the old and new members.



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  • sanan
    03-08 11:31 AM
    Green Card nahin mila H1 me he Khush raho ?? ;)

    I like this...thanks form a nice afternoon laff! :D
    KHUSH RAHO ....


    Zindagi hai choti , har pal me khush raho...
    Office me khush raho , ghar me khush raho..
    Aaj paneer nahi hai , dal me hi khush raho,

    Aaj gym jane ka samay nahi , do kadam chal ke he khush raho..
    Aaj Dosto ka sath nahi , TV dekh ke hi khush raho..
    Ghar ja nahi sakte to phone kar ke hi khush raho...
    Aaj koi naraaz hai , uske iss andaz me bhi khush raho..
    Jisse dekh nahi sakte uski awaz me hi khush raho...
    Jisse paa nahi sakte , uske yaadon me he khush raho

    MBA karne ka socha tha , S/W me he khush raho...
    Laptop na mila to kya , Desktop me hi khush raho..
    bita hua kal ja chuka hai , usse meethi yaade hai unme he khush raho..
    aane wale pal ka pata nahi ..sapno me he khush raho..
    Haste haste ye pal bitaenge , aaj me he khush raho

    Zindagi hai choti , har pal main khush raho.....

    oomshiva





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  • go_guy123
    05-09 09:44 AM
    It does not matter if you work for fortune 500. There could still be fraud or suspecion. Read Indian IT cos face US visa fraud woes - Corporate News - livemint.com (http://www.livemint.com/2011/04/11164715/indian-it-cos-face-us-visa-fra.html)

    There has been years if not decades of abuse of US visa by most IT consulting/services companies. Eventually it reached epidemic proportions and eventually we are seeing a massive crackdown.



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  • Munshi75
    07-18 04:37 PM
    yeah, you are correct we will post all our information too, like bank balance, SSN, etc.













    Amitjoey,

    Don't you think it's a good idea to post:

    Total Contributions Received:
    Total Expenses:
    Balance:
    Efforts Undertaken:

    On a weekly or monthly basis by the IV Core?

    I think that would motivate fellow members to contribute more (or less in some cases).

    Gumnam





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  • Saburi
    04-18 09:13 PM
    thanks for the response.
    do they tell before hand what is the reason for interview . what question to expect.
    will they look through tax filling and other stuff.

    -- my earlier labor had a issue because of education- 3yr BSC course problem--but new one is fine. I think becasue i have 2 I 140 i have some problem.

    Please don't worry everything will be fine, hope you get your GC Soon


    Best Regards





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  • andy garcia
    10-06 01:29 PM
    I personally need more defination of
    'Employment-based or Other: 110,786 '
    it is defining a narrow set of applicants. Are they ones whose 485 is stuck after filing 485. or are they ones whose 485 cannot be filed and only have 140 approved ?


    This means applicants that have already applied for I485 and have not been approved. It has nothing to do with the people who are waiting to apply.

    The whole thing is just a big PR scheme.





    GCard_Dream
    05-05 08:51 PM
    Well that's where the problem lies. State of Arizona considers me a resident based on:

    1. I have lived here for past 12 consacutive month.
    2. Pay state taxes.

    Yet the university refuses to accept that and still consideres me non-resident just to charge a higher fee. This is so strange.

    I would consult an attorney to understand your residency status..
    usually at the time of filing your tax you do declare your residency status (like you are a resident of X or Y state..(if i am not wrong)..]
    I think its a legal loophole they are exploiting..sad;-(





    Dhundhun
    07-10 12:26 PM
    How do we know if you have 40 credits?


    Where do we check or compute this?

    It is very simple calculation.

    Every year if you earn more that certain amount it becomes four credit. I don't know current amount, but it used to be very low between $5000 and 6000 per year. Usually people in computer industry might be earning 4 credits in first month (Jan) itself.

    You can't get more than 4 credit in a year. It takes 10 years to accumulate 40 credit (basically it become 10 tax returns).

    Low wage people earning less than $5000-6000 per year take more than 10 years to accumulate 40 credit.

    Also this 40 credit need not be contineous.

    F1 students and on OPT usually don't pay Social Security Taxes and so don't earn tax credit points.