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  • indio0617
    03-09 10:55 AM
    Sen Feinstein Amendment : 6303; provides an exception for refugees, aliens who apply for asylum (fleeing persecution, dictatorship) to waive passport fraud if they have comitted any.




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  • mrajatish
    03-15 11:32 AM
    Any ideas on when this hearing is?




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  • desi485
    11-24 05:34 PM
    I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
    One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??

    The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.

    I agree with Chandu, we should try to get this from CIS. Just don't know how:(




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  • gc_on_demand
    06-10 10:00 AM
    There is a chance of EB1 & EB2 ROW spillover :D

    US bulletin is out too:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html

    EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.

    It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.

    EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

    Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become �unavailable� beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.



    Dont dream .. Out of 140k it can be max 10-20k unused nos. Will it be useful for half million applications ???



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  • jungalee43
    04-29 06:50 PM
    Senator Scott Brown (R-Massachusetts) - left voice mail

    Senator Judd Gregg (R-New Hampshire) - left voice mail

    Senator Richard Lugar (R-Indiana) -left voice mail

    Senator Michael Enzi (R-Wyoming) - left voice mail

    Senator Lindsey Graham (R-South Carolina) - it was not on my print out. But would call right away.

    Senator John Ensign (R-Nevada) - Spoke with staff. Could not escape noticing her "sigh" when I mentioned CIR. She asked if I was from Nevada. I said no. But still she patientely took my message. She said there was no official statement yet from the senator and would not tell his position.

    Senator Orin Hatch (R-Utah) - engage. Nothing happened.

    Senator John Cornyn (R-Texas) - You must call during office hours. Cannot leave voice mail.

    Senator John Kyl (R-Texas) - left voice mail

    Senator Mitch Mcconnell (R-Kentuky) - engage

    Senator Amy Klobuchar (D-Minnesota) - Voice mail

    Senator Claire McCaskill (D-Missouri) - Mail box full !!!!!!!!!!!!!

    Senator Jon Tester (D-Montana) - left voice mail

    Senator Jim Webb (D-Virginia) - left voice mail

    Senator Sheldon Whitehouse (D-Rhode Island) - left voice mail. Here you hear prompt both in English as well as Spanish before you get the beep of the voice mail.

    In every message I mentioned my name, address and phone numbers. Will call the Sen. Graham and sponsoring dems now. I will make another round of calls during office hours tomorrow.
    And please the Fax link for guests. They should not be able to edit the mesasge. But must enter name and address. I can have at least 100 faxes sent.




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  • newbee7
    07-05 11:04 PM
    http://www.nytimes.com/2007/07/06/us/06visa.html?hp

    Can someone please put this on digg?

    ***
    To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline.

    In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.


    *****



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  • prakashv44
    01-07 12:17 PM
    Just send your I-140 approved docs to the bank. I got the approval with my I-140 itself




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  • miracles
    08-09 12:09 AM
    any updates on the bridge bill for schedule A Nurses.

    The congress are on break for 4weeks this August, so expect none will happen till September.:cool:



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  • chanduv23
    11-20 10:22 PM
    I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!

    I think you are wrong ( I just think)

    H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.

    So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.

    This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...




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  • gc_aspirant_prasad
    07-05 07:54 PM
    Hi Folks-
    We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
    Thx
    Aj
    Way to go !!



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  • willwin
    04-01 11:53 AM
    If the system is flawed, any effort to work it out to get things done would seem incompetent and inefficient. First off, this guessing game by USCIS of estimating visa applications and asking for visa numbers from DHS is so neondartal and ridiculous.

    Process must be automated and centralized to eliminate any human intervention in performing guesstimates. A pool of visas must be made available in the system and must remain available for the next year to be carried over if needs be. That would eliminate pressure on officials to play the game in the dark and rush like maniacs at the end of the fiscal year to catch frogs!

    With all the revenue and system they have, do you think this is so tough to streamline? I doubt.

    They can, at the minimum, have the cases in sequence, process per FIFO, control PD movements logically. The minimum they can do, easily.




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  • saiju
    07-21 02:43 AM
    Any possibility for getting this amendment again, so that the core members can make an action plan on this.

    Also is there any chance for new amendment like this in the near future.



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  • seekerofpeace
    07-18 04:21 PM
    I have a question.
    If I485 is considered for adjudication only if the PD is current. Then why are we all filing in a hurry since everything will retrogressed by Aug 1st and the RD may take 1.5 to 3 months to come when surely everything will be retrogressed. Does that mean in that situation even EADs and APs will stop.

    My wife is on F1 and I am on EB2 (Jul 04), I am worried about her status. My lawyer said she can still continue as a student and that it is a grey area the school never comes to know that she is in transition...once she gets EAD ofcourse everything becomes fine.....But in the current situation that seems a distant possibility to get a RD let alone EADs. So should I just file for myself and let her stay as F1.




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  • channj
    03-10 09:24 AM
    I got a home loan last year through SunTrust on EAD without any issues. You would need to provide more documentation such as I-140 approval, I-1488 receipt copies. :)



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  • GCwaitforever
    05-02 10:10 AM
    Not everybody on this forum earns 144,000 a year. What world are you living in my friend? Do you not get out that often?

    Absulutely agree. Also $144,000 in some areas translate to $90,000 in some other areas depending on cost of living, taxation etc... Not all spouses work. So for them, every bit of Government stimulus is needed.




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  • Macaca
    09-14 06:38 PM
    Immigration vote sinks H-1B visa deal (http://immigrationvoice.org/forum/showpost.php?p=94517&postcount=567) Collapse of Senate bill derails tech's bid for more foreigners ByTom Abate (tabate@sfchronicle.com) | Chronicle Staff Writer, June 30, 2007
    VISA PLAN ANGERS SILICON VALLEY (http://immigrationvoice.org/forum/showpost.php?p=78888&postcount=136) Immigration bill would limit employers' choice of workers By Carolyn Lochhead (clochhead@sfchronicle.com) | Chronicle Washington Bureau, June 7, 2007



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  • GayatriS
    01-08 05:18 PM
    For all the bad things you people have been saying about Professor-ji, you should read this great article he wrote for Businessweek.


    Business Week
    http://www.businessweek.com/smallbiz/content/sep2006/sb20060913_157784.htm
    SEPTEMBER 14, 2006

    Viewpoint
    By Vivek Wadhwa

    Are Indians the Model Immigrants?

    A BusinessWeek.com columnist and accomplished businessman, Wadhwa shares his views on why Indians are such a successful immigrant group

    They have funny accents, occasionally dress in strange outfits, and some wear turbans and grow beards, yet Indians have been able to overcome stereotypes to become the U.S.'s most successful immigrant group. Not only are they leaving their mark in the field of technology, but also in real estate, journalism, literature, and entertainment. They run some of the most successful small businesses and lead a few of the largest corporations. Valuable lessons can be learned from their various successes.

    According to the 2000 Census, the median household income of Indians was $70,708�far above the national median of $50,046. An Asian-American hospitality industry advocacy group says that Indians own 50% of all economy lodging and 37% of all hotels in the U.S. AnnaLee Saxenian, a dean and professor at University of California, Berkeley, estimates that in the late 1990s, close to 10% of technology startups in Silicon Valley were headed by Indians.

    You'll find Indian physicians working in almost every hospital as well as running small-town practices. Indian journalists hold senior positions at major publications, and Indian faculty have gained senior appointments at most universities. Last month, Indra Nooyi, an Indian woman, was named CEO of PepsiCo (PEP ) (see BusinessWeek.com, 8/14/06, "PepsiCo Shakes It Up").

    A MODEST EXPLANATION. Census data show that 81.8% of Indian immigrants arrived in the U.S. after 1980. They received no special treatment or support and faced the same discrimination and hardship that any immigrant group does. Yet, they learned to thrive in American society. Why are Indians such a model immigrant group?

    In the absence of scientific research, I'll present my own reasons for why this group has achieved so much. As an Indian immigrant myself, I have had the chance to live the American dream. I started two successful technology companies and served on the boards of several others. To give back, I co-founded the Carolinas chapter of a networking group called The Indus Entrepreneurs and mentored dozens of entrepreneurs.

    Last year, I joined Duke University as an executive-in-residence to share my business experience with students (see BusinessWeek.com, 9/14/05, "Degrees of Achievement") and research how the U.S. can maintain its global competitive advantage (see BusinessWeek.com, 7/10/06, "Engineering Gap? Fact and Fiction").

    1. Education. The Census Bureau says that 63.9% of Indians over 25 hold at least a bachelor's degree, compared with the national average of 24.4%. Media reports routinely profile graduates from one Indian college�the Indian Institute of Technology (IIT). This is a great school, but most successful Indians I know aren't IIT graduates. Neither are the doctors, journalists, motel owners, or the majority of technology executives. Their education comes from a broad range of colleges in India and the U.S. They believe that education is the best way to rise above poverty and hardship.

    2. Upbringing. For my generation, what was most socially acceptable was to become a doctor, engineer, or businessperson. Therefore, the emphasis was on either learning science or math or becoming an entrepreneur.

    3. Hard work. With India's competitive and rote-based education system, children are forced to spend the majority of their time on their schooling. For better or for worse, it's work, work, and more work for anyone with access to education.

    4. Determination to overcome obstacles. In a land of over a billion people with a corrupt government, weak infrastructure, and limited opportunities, it takes a lot to simply survive, let alone get ahead. Indians learn to be resilient, battle endless obstacles, and make the most of what they have. In India, you're on your own and learn to work around the problems that the state and society create for you.

    5. Entrepreneurial spirit. As corporate strategist C.K. Prahalad notes in his interview with BusinessWeek's Pete Engardio (see BusinessWeek.com, 1/23/06, "Business Prophet"), amidst the poverty, hustle, and bustle of overcrowded India is a "beehive of entrepreneurialism and creativity." After observing street markets, Prahalad says that "every individual is engaged in a business of some kind�whether it is selling single cloves of garlic, squeezing sugar cane juice for pennies a glass, or hauling TVs." This entrepreneurial sprit is something that most Indians grow up with.

    6. Recognizing diversity. Indians hold many ethnic, racial, gender, and caste biases. But to succeed, they learn to overlook or adapt these biases when necessary. There are six major religions in India, and the Indian constitution recognizes 22 regional languages. Every region in the country has its own customs and character.

    7. Humility. Talk to almost any immigrant, regardless of origin, and he will share stories about leaving social status behind in his home country and working his way up from the bottom of the ladder in his adopted land. It's a humbling process, but humility is an asset in entrepreneurship. You learn many valuable lessons when you start from scratch and work your way to success.

    8. Family support/values. In the absence of a social safety net, the family takes on a very important role in Indian culture. Family members provide all kinds of support and guidance to those in need.

    9. Financial management. Indians generally pride themselves on being fiscally conservative. Their businesses usually watch every penny and spend within their means.

    10. Forming and leveraging networks. Indians immigrants found that one of the secrets to success was to learn from those who had paved the trails (see BusinessWeek.com, 6/6/05, "Ask for Help and Offer It").

    Some examples: Successful Indian technologists in Silicon Valley formed an organization called The Indus Entrepreneurs to mentor other entrepreneurs and provide a forum for networking. TiE is reputed to have helped launch hundreds of startups, some of which achieved billions in market capitalization. This was a group I turned to when I needed help.

    Top Indian journalists and academics created the South Asian Journalists Association (SAJA) to provide networking and assistance to newcomers. SAJA runs journalism conferences and workshops, and provides scholarships to aspiring South-Asian student journalists.

    In the entertainment industry, fledgling filmmakers formed the South Asian American Films and Arts Association (SAAFA). Their mission is the promotion of South Asian cinematic and artistic endeavors, and mentoring newcomers.

    11. Giving back. The most successful entrepreneurs I know believe in giving back to the community and society that has given them so much opportunity. TiE founders invested great effort to ensure that their organization was open, inclusive, and integrated with mainstream American society. Their No. 1 rule was that their charter members would give without taking. SAJA officers work for top publications and universities, yet they volunteer their evenings and weekends to run an organization to assist newcomers.

    12. Integration and acceptance. The Pew Global Attitudes Project, which conducts worldwide public opinion surveys, has shown that Indians predominantly hold favorable opinions of the U.S. When Indians immigrate to the U.S, they usually come to share the American dream and work hard to integrate.

    Indians have achieved more overall business success in less time in the U.S. than any other recent immigrant group. They have shown what can be achieved by integrating themselves into U.S. society and taking advantage of all the opportunities the country offers.



    Wadhwa, the founder of two software companies, is an Executive-in-Residence/Adjunct Professor at Duke University. He is also the co-founder of TiE Carolinas, a networking and mentoring group.




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  • sathishav
    05-06 10:48 AM
    I am in a similar boat I got by second 140(EB2) approved this week. How do I know if my date is ported? Acutually I dont care about porting date I just want to find out if my new approved 140 is now referrencing my 485(filed under EB3) filed in July 2007.

    Thanks in advance for help.

    Did you check the New I140 approval notice? The priority date on the latest I140 will have your Old PD. I believe its also advised you file an interfiling request.




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  • trueguy
    08-14 11:40 AM
    Mr. Ron Gotcher believes that it means "Mexico F2A and [Mexico] employment third preference cut off dates.� Had they meant Worldwide, they would have said so explicitly".
    Relax guys.:)

    Mexico EB3 has been Unavailable since last 2 months so why USCIS will make a special comment about that country.

    I am sure DOS is referring to entire EB3 Category in their Sep'08 Visa Bulletin. No hopes for EB3-I if PD goes back to Apr'2001 again.




    Ramba
    07-23 06:18 PM
    Guys, We just got the magic e-mail.!!
    Card Production ordered
    PD AUG 2004
    RD :FEB 2005
    EB3 INDIA :) :) :)

    thx everyone for your help and suppport!!

    This is aboslutly not possible; he/she is trying to fool every one. Before retrogression, the last date to file a 485 for a EB3-Indian with PD 08/2004 was 12/31/2004. From Jan 2005 till July 2007 EB3 Inida was retrogressed for his PD. So he/she could not apply 485 in Feb 2005. The other optins could be he/she may be in EB2 catagory or a Schulde A nurse.

    I was in similar time frame; So I know the date well....




    pappu
    08-12 12:39 PM
    Why the double standard of Democrats??? Why the hell this philosophy is not being used for illegal??? Why the hell they opposing AZ law?
    At least, body shoppers are not breaking the law like illegals are breaking.

    Hats off Democrats for your double standard.

    Imagine what would have happened if they put a fraud fee to every employer caught employing an undocumented. It would have helped reduce undocumented crossing and employed by US employers but also used the same money from fraud penalty to secure the borders.



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