Thursday, June 30, 2011

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  • glus
    01-21 09:47 AM
    But if your visa is stamped and not expired, do you still need an AP ?

    Anurakt,
    If a person has filed an I485 and has a valid H1 visa stamp in his/hers passport, no AP is needed when traveling as h1 is a "dual intent" visa. This applies to H1 and L1 visas. When leaving this country when I485 is pending, the I485 will not be deemed as abondomed because one travels on a "dual intent" visa. IF one, however, had filed an I485 while being on a diffrent type of a visa, like F1, or B2, one MUST obtaint AP before leaving. Other wise the person will NOT be able to re-enter the country even if one has a valid F1 or B2 visa and the I485 will be deemed abandomed. This is because by filing the I485, he/she has shown an immigrant intent, and both F1 and B2 don't allow for such intent.

    So many people don't realize that a H1 or L1 are very POWERFUL visas.
    I am not an attorney so do not take my answers for granted.





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  • inderman
    10-16 02:24 PM
    I agree with you pappu... That's the point i was trying to make as well.

    If this information exists in their system, and if all IO's make it transparent to the caller in the first call itself, i am sure the call volume will drop to atleast one tenth of what it is currently... and subsequently, the congressman requests, ombudsman requests will also reduce which inturn WOULD MEAN THAT THEY GET TO FOCUS MORE ON THE CASES AND IMPROVE THEIR PRODUCTIVITY AS WELL AS COMPETENCE!!!





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  • permfiling
    12-15 04:42 PM
    NSC sent me a response that my GC got lost in mail as I raised a SR for card. My wife got CPO but I got a letter from USCIS NSC that my card was sent on the same day my I-485 approval notice was sent which I think is some mix up on USCIS and to file I-90 . I got all letters from USCIS but not this one so I called customer service and talked to 2nd level IO who went through my case and said card was never created. She will raise a new SR for that which was on 10/12/2010

    Do you guys recommend to send emails to NSC followup?





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  • drona
    07-11 01:43 PM
    Hi all, can we not include the original quote a hundred times. It make the thread hard to read. Many thanks.



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  • Libra
    07-09 08:26 PM
    How did he came to know about this, where as many big media heads are unaware of this........any idea?





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  • pdakwala
    02-01 10:04 AM
    1. Legislation: The Future of Employment-Based Immigration during the next few weeks, Congress is scheduled to decide the future of
    employment-based immigration to the United States.

    Comprehensive immigration reform proposals by Senators McCain and
    Kennedy, Cornyn and Kyl, Hagel and Specter will be considered by the Senate in February.

    Each proposal contains a combination of the following elements: (1) a
    guest worker program; (2) stricter immigration enforcement; and (3) an
    expansion of the employment-based immigration system.

    The guest worker program is, by far, the most controversial part of the
    package. To President Bush and its Congressional proponents, a guest
    worker proposal is simply a way of creating a procedure to allow U.S.
    companies to continue to employ millions of foreign-born workers to fill jobs which American choose not to perform.

    Opponents of a guest worker program maintain that if employers simply
    raise their wages, American workers will do any job. Call me a "doubter".
    Our unemployment rate has been hovering around 5% for over a year. Yet,
    the Wall Street Journal recently ran an article about lettuce growers who,
    unable to harvest their crops, raised their rates to over $10 per hour. A few
    Americans applied, but none lasted more than a few hours. How many of the
    unemployed are willing and able to perform stoop labor in rural valleys?

    The opponents of a guest worker program refuse to vote for any program
    which looks like an "amnesty". Chairman James Sensenbrenner (R-WI) of the
    Subcommittee on Immigration in the House of Representatives puts it
    simply: "A guest-worker program that applies to illegal aliens already here is an amnesty." Representative Sensenbrenner and over one hundred Republican Congressman in the House of Representatives are against any "amnesty". Since Chairman Sensenbrenner will be the chief House negotiator in any Senate-House Conference Committee on an immigration reform bill, this spells trouble for any guest worker program.

    If the guest worker program does not include the 10 million plus
    illegal workers who are presently in the U.S., there is not the slightest
    possibility of either regularizing their immigration status or of deporting them.
    That is simply a fact, and building a huge fence on Mexico's border (no one
    ever suggests doing so along the Canadian border) with the U.S. will simply
    discourage illegal workers in the U.S. from returning home to visit
    their families. Also, it does nothing to stem the influx of illegal workers
    who enter the U.S. with visas and then overstay. Those in Congress who
    think that by criminalizing these people the problem is solved are kidding
    themselves and their constituents.

    The real solution is to look reality square in the face, and fashion a
    solution which will penalize illegal workers, but, at the same time, allow them
    to participate in a guest worker program that will eventually result in
    them becoming permanent residents of the U.S. Unless there is a light at
    the end of the tunnel for them, what is the incentive for them to come out of the shadows and register for the program? The McCain-Kennedy bill contains such a program.

    At least one ex-INS prosecutor (The one who writes this newsletter)
    knows that the government cannot solve the illegal alien problem by wishing it away, or by an enforcement-only approach. Ten years after President Clinton enacted a "get tough" at the border policy, the number of illegal workers in the U.S. has more than doubled. Congress must realize that, in the post-9/11, world, the United States simply cannot afford to have 10 million persons in the U.S. who are unknown to the government. Every citizen should write to his Member of Congress and tell them that he/she wants these people identified, fingerprinted, registered with the government, paying taxes and learning English.

    Whether or not the Congress enacts a guest worker program, the United
    States has another immigration problem that needs to be solved, and solved
    now. Our country is educating less scientists, engineers, doctors and nurses
    than we did when I graduated from law school in 1973. In the meantime, countries in Asia are graduating far more of these professional workers than does the U.S. Fortunately, many of these professional workers have been supplementing the U.S. workforce for the past 30 years. Unfortunately, during the past year, huge backlogs in our immigration system have developed, and many of the best and brightest of these professionals are choosing to stay at home. This does not bode well for our security and our industries.

    Our country is losing its manufacturing base. For example, the U.S.
    automobile industry is firing tens of thousands of U.S. workers and G.M. and Ford are edging ever-closer to bankruptcy. Why? Because the American public is choosing to buy automobiles produced by Japanese and German companies.

    Fortunately, thanks to the immigration of tens of thousands of Indian
    and Chinese engineers to the U.S., the top software, chip makers and
    biotech companies are still located in the U.S. But with our outdated
    immigration laws making it increasingly difficult for U.S. employers to hire talented foreign- born scientists and engineers, how long can America maintain its dominance in these industries? U.S. employers can vote with their feet the same as U.S. consumers. Make it impossible to bring a sufficient number of foreign-born engineers to the U.S., and Microsoft and Intel and other top U.S. companies will simply locate their new plants and hire their new engineers not in the U.S., but in India and China.

    Most of the bills pending before Congress would increase
    employment-based immigration to 290,000 annually. This would help insure that our country maintains its number one position in science and technology.



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  • deba
    06-16 12:38 PM
    What is this 'Period of stay' form mentioned in the very first post of this thread? This is not the g-325a. What exactly is this form #? What is the url for downloading it? Thanks





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  • Macaca
    12-05 03:52 PM
    Fact-Checking Dobbs (http://www.democracynow.org/2007/12/4/fact_checking_dobbs_cnn_anchor_lou) CNN Anchor Lou Dobbs Challenged on Immigration Issues Democracy Now, December 04, 2007

    Guest: Lou Dobbs, anchor and managing editor of CNN�s Lou Dobbs Tonight. His latest book is �Independents Day: Awakening the American Spirit.�

    JUAN GONZALEZ: �CNN anchor Lou Dobbs may be the most important person in the 2008 presidential election aside from the candidates themselves.� That�s the opening line of a recent column by Christopher Gacek on the website Politico. Gacek goes on to write, �The bundle of concerns that Dobbs and his audience have about globalization, trade, diminished American sovereignty and immigration will be ignored by politicians at their own peril.�
    As anchorman and managing editor of the show Lou Dobbs Tonight, Dobbs has used his nightly program on CNN to help make immigration one of the most discussed issues of the 2008 campaign. Dobbs describes himself as an independent populist. He titled his latest book Independents Day: Awakening the American Spirit. His previous book was titled War on the Middle Class: How the Government, Big Business, and Special Interest Groups Are Waging War on the American Dream and How to Fight Back.

    AMY GOODMAN: Lou Dobbs also has his detractors, especially when it comes to immigration. He has been called the most influential spokesperson for the anti-immigration movement, and he�s been accused of being a fearmonger who vilifies immigrants and promotes xenophobia.
    But Lou Dobbs�s message has struck a chord with many viewers. Lou Dobbs Tonight is the second-most-watched program on CNN, and there�s even talk that Dobbs might make a possible run for the White House. Wall Street Journal columnist John Fund reported last month friends of Dobbs say he�s seriously contemplating running for president as an independent.
    Lou Dobbs joins us today in our firehouse studio for the hour. Welcome to Democracy Now!

    LOU DOBBS: Great to be with you.


    AMY GOODMAN: Are you running?

    LOU DOBBS: Absolutely not. It�s the last thing I could imagine. If I were a candidate, I can assure both of you that I would be the candidate of last resort in this country. That�s about 300 million people in line ahead of me.


    AMY GOODMAN: Well, you�ve written the book Independents Day. That�s with a �ts� at the end of �Independents.�

    LOU DOBBS: Right.

    AMY GOODMAN: What is the main thesis of this book?

    LOU DOBBS: The main thesis is that both political parties�the Republican Party, Democratic Party�have failed the American people, have, rather than held up our central fundamental national values as the standard to which all of our public policies should repair, has submerged them in trivia, wedge issues, and partisan blather and nonsense that is ultimately destructive to the American dream.

    AMY GOODMAN: What do you think are the most important issues today?

    LOU DOBBS: The most important issue in this country today is representation of the American people in Washington, D.C., which is being denied right now by corporate America, special interest, group and identity politics that are submerging the will of the majority in this country. The fundamental tenet of any democracy is representation of the will of the majority, and that is being denied through elitists in both business and government and politics. And we have to fundamentally examine where we are and where we want to be going over the course of this next century. And that is not happening, not in the presidential campaigns of both parties. It�s not happening in Washington, D.C., even though we have a government in which the Democratic Party is leading the Congress, and the Republican Party, the White House.



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  • whitecollarslave
    03-25 05:38 PM
    yes, that is our line of logic and understanding. But seeing the number of experiences what we are having in real world, this does not seem to be applying. You are rightaway asked about your work status and they insist till you give them "specific" word - either "GC" or "Citizenship" or "EAD"... If this would have been the real way ( I and all of us wishes that) the these recruiting guys may not dare to insist till you spit the speific word out and that is before interviewing. In my experience, I always had verbal conversation. I have never been sent an email or letter by any company yet regarding their refusal not to even interview me based on EAD. Verbally 5 companies have starightaway told me "they are not considering me as I do not have green card yet - EAD is not enough". My thinking is that they do this because somehow some law may be covering them, we do not know that but they know that, perhaps..:confused:

    I understand your frustration. I have heard similar things from employers about hiring people on H-1B.

    Are you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.

    Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One.

    I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. (http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm) If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.





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  • ajay
    01-05 09:30 AM
    This is really intriguing since nobody has even brought this up. I really welcome this idea and would support fully in all my abilities.



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  • kewlchap
    10-05 09:10 PM
    SoP, congrats dude. Finally you did it. On my part, I am still waiting. Case is with an IO is all I am told from every avenue [POJ, Congressional, Infopass]. No idea what to do anymore.





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  • jungalee43
    09-09 06:17 PM
    I am not getting anyone to answer the phone in chairman Conyers' office. I am not going to voice mail also. All that I am hearing from the other end is ring, ring and ring... endless.



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  • bigboy007
    09-26 06:10 PM
    Today only I realized that I filed G325 instead of G325A. I am still not in teh system. But I am v depressed. Any one aware of similar case and what is the possibilities?
    i dont think thats an issue veerufs . there are some who did in past and idont think thats enough for return but not sure what other expenses dont get depressed.





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  • punjabi77
    11-25 11:54 AM
    very interesting thread ..it is more interesting than the other famous thread "how to get your maid to USA" ..no wonder some senior core members are disappointed because no one cares about other threads which talk about recapture and other campaigns.
    the only point about renting the house is that it has many pitfalls too ...one of my friends tried that and he is a full time businessman ...problem is many people stop paying rent after 4-5 months ...it happened in his case plus the tenant painted the house in red and green colors.. In US it is not very easy to evict the tenant ..you have to go to court etc etc (so it is sort of full time job).
    on top of it ..how do you make sure that 3-4 families are not staying in the house ...i.e. u rent it to 1 person and that person reduces his rent by renting it to 2-3 families ,... these few points are the problems that you face by renting


    Cant we put all these conditions in the contract? No modification to the house..only one family allowed..unless you want to rent it to bachelors and then charge whatever amount from each person and limit their number in the house..
    Contracting agencies do not assure if they will put the house on rent. they say they will find someone.. and how long it takes, they are not sure..



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  • funny
    08-07 12:25 PM
    Good for you..

    People yet another case who is going to crossover to the EB2 line...

    I am reading both of these stupid threads, I just couldn't stop replying to both of them.

    I have also applied for PD Porting myself, I have sent the letetr to TSC requesting the Porting on my approved I140's, My EB3 PD is Oct 2003.

    I seriously hope that your PD is older than Oct 2003, Otherwise I am going to Jump in front of you and will cut the line. do you know how many years it have been since oct 2003, Its 5 YEARS and you think that changing lanes is unfair here, all the people who are trying to port the PD's must have been waiting for atleat 4-5 years, You think that experience is not worth anything in their next job and they don't qualify for EB2 or are less smart than any of your "supporting friends".





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  • gc_check
    04-01 07:40 AM
    Guys,

    Not sure whether below information is any helpful.

    My Priority date is : July 2007
    I-140 approval date : March 2009
    Processing : Consular

    Today i received a mail from NVC to pay immigration processing fee of $794.

    Does any ones what is this for ? does it help to know the demand ?


    Regards
    Though you are processing through consular processing, can you please verify if you have any reasons ( Birth country, spouse birth country) etc.. to get charged against a category that is current now. If so, it is business as usual, else not sure.. you just got lucky your case is approved, but again .. with pre-adjudication, etc.. we never know.. Anything requested from USCIS, do respond in time.... On the other hand makes me wonder, if the EB2 dates can really advance that much ???? Significant forward movement based on other thread... Anyway good luck.



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  • mail2me_Ds
    10-01 03:53 PM
    I think if you have I-551 stamped on your passport then you do not need any other document. i-551 is as good as physical green-card. You can carry the approval notice with you. This is my opinion, do no quote on me.

    Thank you.





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  • Desertfox
    03-24 03:31 PM
    -------------------------------------
    Based on the criteria above I dont see how it is illegal to ask what type of work authorization one has, and if EAD , how long it is valid. It may be illegal to disqualify a candidate who has EAD with validity for the required amount of time. But I sure can ask about the details within legal limits, can't I?
    -------------------------------------

    It is illegal... On I-9 it clearly says that an employer can not deny employment because of an expiry date on a valid work authorization document. This makes sense, since the employer does not have any authority to check for this candidate's ability to renew the authorization, neither the candidate is obligated to share that information. Per DHS & DOL once you have valid EAD, you are good to go! I am curious though who should be responsible for educating these employers!:confused:





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  • EB2DEC152005
    08-13 07:54 AM
    Fill it with both primary and derivative details. Write in small font with a pen. This will avoid different forms for each applicant.

    If you take 1st line you want to write two names in it, that would create a confusion.


    If I fill up another applicaiton for derivative, I have to fill up the same way as I filled for myself right? then I will go for this option.





    funny
    09-09 06:34 PM
    Posting it in this thread, as this is related to HR5882.

    Make Immigration Work for Working Immigrants

    http://townhall.com/Columnists/CesarConda/2008/09/09/make_immigration_work_for_working_immigrants

    Employment-based immigrants contribute greatly to America, although you would not know it from the way current U.S. policy treats them. Due to low quotas, a typical skilled immigrant sponsored by an American company now waits 6 to 10 years for a green card (permanent residence). The House Judiciary Committee marks up legislation this week to change that, representing likely the only measure Congress may take in the remaining weeks to aid innovation, the economy and the competitiveness of U.S. companies.

    H.R. 5882, authored by Rep. Zoe Lofgren (D-CA) and Rep. Jim Sensenbrenner (R-WI), would reduce wait times for green cards and help retain talented people in the United States. It would do this by providing green cards that had been allotted in previous years but went unused, primarily due to bureaucratic obstacles.

    �A developed country�s competitiveness now comes primarily from its capacity to innovate � the ability to create the new products and services that people want,� according to Curtis Carlson of the Silicon Valley research firm SRI International. Skilled immigrants are a vital source of America�s capacity to innovate.

    The National Venture Capital Association reports that 1 in 4 publicly-trade companies that began with venture capital since 1990 had at least one immigrant founder. While the vast majority of employees at U.S. firms are Americans, when U.S. employers recruit on college campuses they find foreign nationals represent a high proportion of the graduates in key fields. In 2006, 73% of new electrical engineering Ph.D.s in the U.S. were granted to international students, according to the National Science Foundation, while in 2005, foreign nationals received 55 percent of electrical engineering master�s degrees and 42 percent of computer science master�s degrees.

    H-1B temporary visas, which have been exhausted each of the past 5 fiscal years, only allow individuals to stay on a temporary basis, so an employment-based green card is necessary to stay here permanently. The separate quota for green cards for skilled immigrants is set at 140,000 a year (including dependents of the skilled immigrant). That quota has also been insufficient to meet demand, creating waits of 6 to 10 years for a green card.

    The great uncertainty these waits create lead some to give up and leave the United States and others to not even begin the process. The current long waits �cause a reverse brain drain affecting American competitiveness and innovation,� according to Aman Kapoor, executive director of the group Immigration Voice. �At the same time, these green card backlogs create severe quality of life issues for the applicants and their families.�

    Those who understand markets realize that there is no such thing as a fixed number of jobs, as critics of high skill immigration maintain. A 2008 National Foundation for American Policy (NFAP) study found that for every skilled foreign national requested (for H-1B visas) with the Department of Labor, U.S. technology companies increase their employment by 5 workers. Many U.S. executives confirm this experience at their firms. Looking to America�s next generation of scientists and engineers, a 2004 NFAP study found more than half of the finalists for the Intel Science Talent Search, the leading contest for top U.S. high school science students, were the children of skilled immigrants.

    In addition to the reduced waiting times for green cards from H.R. 5882, Congress can take other steps. It can fix the labor certification process for skilled immigrants under which the U.S. Department of Labor (DOL) requires companies to engage in expensive and time-consuming advertisements to show no qualified Americans are available for certain jobs. Neither the law nor the original DOL regulations required such advertisements. Yet DOL is using its questionable authority to, among other things, audit thousands of green card cases from the nation�s largest immigration law firm, Fragomen, Del Rey, Bernsen & Loewy. The Fragomen firm has filed a lawsuit in U.S. District Court alleging DOL has exceeded its authority. Congressional oversight is warranted.
    Congress can also eliminate the per country limit for skilled immigrants, which pushes back wait times for Indian and Chinese professionals, exempt from green card quotas those who earn a master�s degree or higher, and increase the quotas for H-1B temporary visas.

    While H.R. 5882 will not solve all our immigration problems, it represents an important effort to retain talented individuals in America so they can help create jobs and innovation in the United States.

    Stuart Anderson is a former Staff Director of the Senate Immigration Subcommittee and now Executive Director of the National Foundation for American Policy, a nonpartisan policy research group based in Arlington, Va.

    No one is calling anymore?? Please call guys if you have not...Leave a voice message....but call





    miapplicant
    11-14 04:23 PM
    I did.

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