mugwump
01-04 11:25 AM
Yeah if the restriction was for non immigrants none of their "special" buddies from gulf states like UAE, Saudi, Kuwait etc would be able to visit.
Many of those " special buddies" would have diplomatic passports, hence no inspection at the POE
But i think you can not practice polygamy or bring multiple spouse to the US on non immigrant visa
Many of those " special buddies" would have diplomatic passports, hence no inspection at the POE
But i think you can not practice polygamy or bring multiple spouse to the US on non immigrant visa
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irock
05-18 01:32 PM
There are good and not so good schools here for MS /PhD. Either way why a seperate quota for US MS/PhD. Is a foreign MS/PHD any inferior?
Just a thought..
Especially IIT/IISc are not too bad schools in india!
Second that.
Just a thought..
Especially IIT/IISc are not too bad schools in india!
Second that.
akred
07-14 06:35 PM
it is not clear to me that this version allows legal kids to benefit
it talk about people being "otherwise deportable"
someone needs to clarify with an immigration attorney or something
Siskind says it only benefits illegals. Read his comment on his blog at http://blogs.ilw.com/gregsiskind
it talk about people being "otherwise deportable"
someone needs to clarify with an immigration attorney or something
Siskind says it only benefits illegals. Read his comment on his blog at http://blogs.ilw.com/gregsiskind
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perm2gc
12-20 12:08 PM
What are the advantages you will have now than before.Allowing H4's to work might be Big New Year gift for many our members.
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styrum
12-19 03:48 PM
Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.
Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate." So what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.
Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate." So what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.
hydboy77
06-10 07:42 PM
You are the first guy who wrote a sensible post regarding CIR. Most if not all people here are delusional when it comes to CIR. I don’t trust Obama and Durbin to do any justice for Eb immigrants. The democrats agenda was always the illegals, as far as we EB are concerned they would prefer that we just get kicked out through endless RFE harassment from USCIS. The fact is republicans don’t like non whites to immigrate to US and the democrats are color blind to most extent but they are class conscious, they like illegals and poor people to immigrate to US because they can control them whereas they cannot control and herd the EB immigrants. So when the negotiations for CIR start Republicans will oppose any immigration so the democrats will strike a bargain with the republicans where they will ask for amnesty for illegals and in return they will happily throw the EB community under the bus by saying they are "reforming" the US immigration system by introducing a points based system where even existing applicants like the EB folks who have been in US for the last 10+ years have to re apply in points based nonsense system. Before people get angry ask yourself this question
1. Was there a visa recapture in the last CIR (don’t confuse with the first CIR which was passed by Arlen Specter which was the best CIR, it had visa recapture, it had STEM exemption)
2. Did it have Stem exemption i.e. exempt people who earned a Master and PHD from American universities from yearly green card quota?
3. Did it eliminate country quota.
4. Did it at least give an amnesty\interim type green card deal to honest legal EB folks like they gave to illegals?
The unfortunate answer to all those is a "NO" and this was when the president was Bush a republican, now you have Obama as the president and Durbin as his right man in senate. Does anybody really expect Justice for EB from these two?
Having said this I am not saying lose hope and pack up your bags. We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir
And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.
1. Was there a visa recapture in the last CIR (don’t confuse with the first CIR which was passed by Arlen Specter which was the best CIR, it had visa recapture, it had STEM exemption)
2. Did it have Stem exemption i.e. exempt people who earned a Master and PHD from American universities from yearly green card quota?
3. Did it eliminate country quota.
4. Did it at least give an amnesty\interim type green card deal to honest legal EB folks like they gave to illegals?
The unfortunate answer to all those is a "NO" and this was when the president was Bush a republican, now you have Obama as the president and Durbin as his right man in senate. Does anybody really expect Justice for EB from these two?
Having said this I am not saying lose hope and pack up your bags. We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir
And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.
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ragz4u
04-03 09:29 AM
Members of IV have already sent 560 + 544 (*100 senators) faxes.
We were looking at ateast 1000 of the 2000+ members to send faxes. Please do so if you haven't done it already. It just take 5 clicks of the mouse!
Also, please tell your friends to do the same.
We were looking at ateast 1000 of the 2000+ members to send faxes. Please do so if you haven't done it already. It just take 5 clicks of the mouse!
Also, please tell your friends to do the same.
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Daisy
01-10 09:26 PM
Dont lose hope. I am on H4 since 2000 too and been out of workforce ever since. I had 6 years of prior experience. Now, I have a job offer(non IT) and the company is planning to sponsor my H1 this April. Keep applying and something will work out.
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baba2s
11-25 02:59 PM
Wow..
Thanks in advance..
Thanks in advance..
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whitecollarslave
01-15 02:33 PM
Can you please share your experience talking with the lawmakers?
neobtdb, digital2k, mpadapa,
You are one of the few people who have managed to get one or more lawmakers send a letter to the WhiteHouse. Please share your stories so others can follow.
Thanks!
neobtdb, digital2k, mpadapa,
You are one of the few people who have managed to get one or more lawmakers send a letter to the WhiteHouse. Please share your stories so others can follow.
Thanks!
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vinzak
12-21 12:07 PM
The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
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BharatPremi
03-26 11:09 AM
Hello BharatPremi,
I was in the Interfiling situation for the last four months but EB2 India was Retrogressed and then Unavailable as you know. But, I got the advice from my Lawyer that I should Interfile and not wait for the EB2 India dates to get current. So, at the end of Feb '08 I decided to Interfile with my lawyer's help.
With the cover letter as suggested in various earlier posts he made sure he sent the Original Approval Notice of the I140 and not a copy.
The main text of the letter was:
In accordance with 8 C.F.R. �204.5(e) , the applicant hereby request your office to amend the priority date to that of <new I140 Priority Date> as indicated on the enclosed original approved I-140 petition on behalf of the applicant.
In the footnotes, this was included:
1. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
It was beginning of March when this was done. Then in mid-March, I got the great news that EB2 India is current for my PD. We will see what happens in April '08 !!!
No news from USCIS yet on the Interfiling app. My lawyer suggested to call after a month of the application's RD.
Waiting on GC for more than 6 years. I hope this is the last thing to do before AOS is approved for us and we receive the PR Card.
Hope this info helps.
Best of Luck for your case.
Thanks Sanbaj. Do you have both applications under same sponsor? Or different sponsor? My case is: both different sponsor and on top of that now I am working for third company using AC21 -EAD. Can any complications arise?
I was in the Interfiling situation for the last four months but EB2 India was Retrogressed and then Unavailable as you know. But, I got the advice from my Lawyer that I should Interfile and not wait for the EB2 India dates to get current. So, at the end of Feb '08 I decided to Interfile with my lawyer's help.
With the cover letter as suggested in various earlier posts he made sure he sent the Original Approval Notice of the I140 and not a copy.
The main text of the letter was:
In accordance with 8 C.F.R. �204.5(e) , the applicant hereby request your office to amend the priority date to that of <new I140 Priority Date> as indicated on the enclosed original approved I-140 petition on behalf of the applicant.
In the footnotes, this was included:
1. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
It was beginning of March when this was done. Then in mid-March, I got the great news that EB2 India is current for my PD. We will see what happens in April '08 !!!
No news from USCIS yet on the Interfiling app. My lawyer suggested to call after a month of the application's RD.
Waiting on GC for more than 6 years. I hope this is the last thing to do before AOS is approved for us and we receive the PR Card.
Hope this info helps.
Best of Luck for your case.
Thanks Sanbaj. Do you have both applications under same sponsor? Or different sponsor? My case is: both different sponsor and on top of that now I am working for third company using AC21 -EAD. Can any complications arise?
more...
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stuckinmuck
05-29 05:03 PM
Please guys, I understand the frustration we're all going through but do not compare it to what happened to the Jews under the Nazis. We are indeed in a bad situation but comparing it to genocide is too much.
I have seen pictures of the Holocaust and still get nightmares.
Just keep things in perspective and have faith in God and your destiny.
Remember, the bill hasn't passed yet. It still has to go through the House of Representatives.
I have seen pictures of the Holocaust and still get nightmares.
Just keep things in perspective and have faith in God and your destiny.
Remember, the bill hasn't passed yet. It still has to go through the House of Representatives.
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abracadabra
07-07 06:16 PM
On NBC
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Kitiara
02-10 09:36 AM
Maybe we ought to declare a tie between the two of you? :)
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makemygc
08-01 12:14 PM
I just checked - mine was L.Armstrong too....
Is there anybody who filed on July 2nd at NSC, I-140 approved from TSC and got the receipt or checks encashed??
Is there anybody who filed on July 2nd at NSC, I-140 approved from TSC and got the receipt or checks encashed??
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kavita
01-17 10:07 PM
I sent a hand-written letter to the President today.
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07-06 06:27 PM
Bummer !!!!!
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GCapplicant
06-13 01:27 PM
06/13/2008: Unresolved Disagreement With Hispanic Legislators for Highly Skilled Foreign Worker Immigration Legislations
A number of businesses and immigrants watched webcast hearing of the House Judiciary Immigration Subcommittee hearing yesterday that is related to the Rep. Zoe Lofgren's trio piecemeal employment-based immigration relief bills. The testinomies of the witnesses demonstrated a strong support of these bills by the high tech community. At the same time, the hearing revealed a continued resistance from the Hispanic supporting legislators who support the relief for the farm workers foreign workers and comprehensive immigration reform legislation, making the fate of these bills uncertain, according to the ComputerWorld report. There was also a resentment expressed by one of the legislators to the elitist mentality underlying these highly skilled foreign worker employment-based immigration bills. One wonders where these two conflicting communities can find a common ground where they can work out a compromise. It thus appears that the situation requires a very high-level of skills of negotiation and compromise for a successful resolution.
A number of businesses and immigrants watched webcast hearing of the House Judiciary Immigration Subcommittee hearing yesterday that is related to the Rep. Zoe Lofgren's trio piecemeal employment-based immigration relief bills. The testinomies of the witnesses demonstrated a strong support of these bills by the high tech community. At the same time, the hearing revealed a continued resistance from the Hispanic supporting legislators who support the relief for the farm workers foreign workers and comprehensive immigration reform legislation, making the fate of these bills uncertain, according to the ComputerWorld report. There was also a resentment expressed by one of the legislators to the elitist mentality underlying these highly skilled foreign worker employment-based immigration bills. One wonders where these two conflicting communities can find a common ground where they can work out a compromise. It thus appears that the situation requires a very high-level of skills of negotiation and compromise for a successful resolution.
saiimmi
01-18 10:49 AM
Come on everyone. I am sure every one needs change from the status quo for better. If we need change we have to be the element of change. Please send in your letters today. It should hardly take 15 minutes.
pnjbindia
01-06 01:05 AM
Venky..
That was funny...no offense, but i think you meant "dessert"....
After reading all this, my story is even funnirer. I went to India to get engaged (arranged) when the dates became current...and not they rolled back to 1000BC.... Now I am engaged, and hearing all these wife stores feel quite screwed...lol..
reminds me of a popular hindi maxim:
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
That was funny...no offense, but i think you meant "dessert"....
After reading all this, my story is even funnirer. I went to India to get engaged (arranged) when the dates became current...and not they rolled back to 1000BC.... Now I am engaged, and hearing all these wife stores feel quite screwed...lol..
reminds me of a popular hindi maxim:
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
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