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  • shirish
    08-31 01:46 PM
    USCIS goes by country of birth, so registing a new country will not work.


    OK so we're 1 million in the backlog. That could be a small country.

    Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.

    Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.

    So.. if anyone has the info on how to register a new country, I'd like to know.

    Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.

    Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
    8/31:7.45am & 6pm;
    9/3: 9.25am & 6pm;
    9/4: 7.45am & 6pm;
    9/5: 9.25am & 6pm;
    9/6: 7.45am & 6pm;
    9/7: 9.25am & 6pm;
    9/10: 9.25am & 6pm;
    9/11: 7.45am & 6pm;

    Also live discussion for few minutes about IV Rally on Saturday during immigration show at 3pm central

    Sponsored by members of TX chapter of IV (http://groups.yahoo.com/group/texasiv) &
    the Law offices of Sherin Thawer http://www.thawerlaw.com and TX chapter of IV




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  • Marphad
    01-09 12:38 PM
    Anotehr question in thsi regard, say ur I-94 expired and you applied for and got h1 renewal, and the new I-797 has the new I-94 in it, so we cut it from there and staple it to our passports ???

    And when we leave the country we surrender both the I-94s ???

    No the current one!




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  • viper673
    06-08 01:27 PM
    I did think about doing it this way, but it didn't feel the "right thing to do"...

    I spoke to my lawyer on what to do , but I'm not getting a straight answer.

    Do you guys recommend a lawyer that would be able to help?

    I checked Murthy.com and she asks for $250/20min of consultation... Is she that good? Should I consider calling her?




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  • himu73
    12-08 10:43 AM
    I was also asked similar questions about status. but that was mostly to check if I am not on student visa status. they do not care if you are on H1



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  • slowwin
    06-11 08:36 AM
    Hi,

    vis-a-vis immigration, the burden of proof is on us not on the USCIS, reputed attorney like murthy always suggest to keep copies of I-94s at each stage to show proof of maintenance of status.

    Try to collate as much info as possible. Since you have such a long history (H1-B etc) at each step of extension or transfer you must have submitted copies of original H1 documents valid at that time and also passport copies too, go back to those attorney/(s) and request copies form their files. As far as I-20's are concerned you need to talk to your school to get copies.

    Thanks,
    slowwin

    -------------------------------------------------------------------------------------------------------------------

    DISCLAIMER: This not a legal advise. Please consult your attorney.




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  • stxvr
    07-07 04:24 PM
    I am on H1B. I am palnning to file AOS. Category F1 is Child of unmarried son of US citizen(family based).

    The LCA and Petition papers used for the my H1 Visa (at consulate interview) has the Job Title Programmer I and location A. But before coming to USA I got reassigned and I got a new LCA from the company (I got new LCA in India itself). Recently I looked into that New LCA it has recorded my Job Title as Programmer II and my current location location B.
    I have following question.

    My questions:
    1. Does this Probrammer I/ Probrammer II change in LCAs affects my AOS.
    2. If my oroginal petition and LCA has the job title programmer I and after that I got new LCA for new location with Job title programmer II than it is OK Or I must have to have the job title programmer I (same as matching with original petition)



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  • obviously
    08-04 11:05 AM
    Hi, can someone help crack this puzzle?

    I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.

    In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.

    The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.

    The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.

    Now, he just called saying he is confused and not sure!

    His views:
    - There is no formal way to find out if the new I-140 was matched up with the old I-485.
    - He says he will ask his peers and will also call USCIS Customer Service.
    - He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.

    Appreciate any inputs!

    Cheers!




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  • indio0617
    10-23 11:38 AM
    Significance of Priority date???
    PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
    After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasable) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
    Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.

    I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.

    All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.



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  • tinuverma
    03-17 01:44 PM
    Thanks for the response Tom. What if I want to use my EAD card and not do an H1 transfer. Is that going to be a problem?

    There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.




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  • swamy
    04-22 09:28 PM
    why ban- let bigots have their say too & demean themselves in full view (what kind of degenerate would use terms like 'anchor babies')



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  • walking_dude
    11-25 11:52 AM
    Dear Friend,

    Immigration Voice (IV) [http://www.immigrationvoice.org] (http://www.immigrationvoice.org%5D), a grassroots organization working to solve the issues faced by employment-based immigrants, is planning a DC Rally during the first week of March 2009 to bring the issues faced by our community to the notice of US lawmakers.

    Details of this initiative are provided here - http://immigrationvoice.org/forum/showthread.php?t=22519

    I request you to join IV as a member and support this initiative by indicating your interest to participate in the DC Rally and Lobby Day (visiting lawmaker offices to seek their support)

    As you might know our community is facing the following situation

    1) 140,000 total numbers per year worldwide vs. 1 million applicants and their families waiting in the line. Some from 2001 and may be before that ! It's common sense that it will take at least 6 years to clear just the current backlog, if there were no per country quotas.

    2) Per country quotas of 7% exacerbate the situation to applicants from high-demand countries like India, China, Mexico and Phillipines. Approximately just 10,000 visa numbers are available to India where as it's estimated that at least 44% of the applicants may be from India ( based on USCIS statistics of around 44% of H1bs being granted to India every year). As spouse and children are counted, considering 4 members per family, on an average only 2500 Indian applicants get Green cards in a year. As you can see the numbers are dismal.

    Meaning, if you are from India, China, Mexico or Phillipines, you may have to wait 10 to 12 years to get your Green Card or more

    3) Between USCIS and DOS (Department of State that runs the Visa bulletin) a number visas get wasted every year, worsening the already BAD situation. For instance between 1994 and now 218,000 GCs were wasted by USCIS. ]If the trend continues, it may well mean 15+ years for India/China/Mexico/Phillipines

    Now I know the problems ! What's the solution?

    1) Increase worldwide EB GC numbers to 290,000 per year or more
    2) Eliminate country quotas
    3) Exempt spouses and children ( dependents) from the GC quota (this will effectively double the quota)
    4) Since USCIS inefficiency cannot be fixed by us, implement a 'Rollover' of unused visas to the next year(s)
    5) Recapture the unused number of 218,000 visas . This may mean you'll get GC or at least see PDs jump forward by a few years (reducing your wait time tremendously)
    6) Lobby USCIS to relax USCIS strict determination of 'same and similar jobs' (defined by AC21 law) to provide job mobility and promotions.

    I know the solution. But, pray, who'll bell the cat?

    Fortunately for us, there is an organization that is working 100% exclusively for our cause. Immigration Voice ( http://www.immigrationvoice.org) a non-profit organization formed by EB immigrants to work for our cause. Starting with barely 200 members when it was formed in 2005, now it boasts a membership of 30,000 members and around 30 state chapters serving every US state with significant EB immigrant population.

    Immigration Voice ( fondly called IV by it's members) lobbies the US Congress and USCIS to provide relief to us. They have hired a high-profile lobbying firm Patton Bloggs to do lobbying for our cause. In addition they also do grassroots lobbying at State chapter level with the local Congressmen.

    What's Lobbying? Is it Legal for non-citizens ?

    Lobbying or 'Advocacy' is the act of Petitoning the US Government to redress issues faced by any person living in the United States. It's a right guaranteed by US Constitution (First Amendment) to every person living in the United States, citizen or not.

    Just like you can argue your own case in a court of law (if you choose to do it), you can also lobby or petition the US Government on your own. If you chose so, you can also hire a professional lobbying firm to do it for you, just like you can hire a lawyer to represent you in the court. Both are legally guaranteed rights. It's common sense that a professional does a better job - be it an experienced lawyer or a lobbying firm. Getting professional help greatly increases the chances of success.

    Boy, It must be really COSTLY to hire those DC Lobbyists?

    You are right. They are costly, but IV has been managing to keep the effort funded through sacrifices of it's Leadership (IV Core group), voluntary contributions from it's members, local fundraising campaigns by State chapters and selling IV-branded merchandise.

    Contributions are what keep IV ticking and working for you.

    I understand IV has been doing all this? Have they had any success so far? I don't want to invest in a campaign destined for failure !

    IVs success record so far in the order of signifance to EB community

    1) July Visa bulletin Reversal - Due to flip-flop by USCIS 350,000 applicants were denied the promised ability to file I-485 in July 2007. Chances are you might have been one of them ! We faced the grim prospect of losing thousands of dollars and countless hours of effort .

    IV conducted 'Flower Campaign', i.e sending Flowers to USCIS director Emilio Ganzales to request redressal of this unfair decision (in the spirit of passive resistance movement of Mahatma Gandhi). It provided wide media coverage to the issue nationwide.

    IV through it's California chapter, conducted the successful 'San Jose Rally' to highlight the isue to the Congressmen through the media. It also took an active role in petitioning San Jose Congresswoman Rep. Zoe Lofgren to help fix the issue. As it turns out Madame Lofgren, who also happens to be the Chairwoman of House sub-commitee on Immigration, was instrumental in forcing USCIS to rescind (revert) it's prior unjust decision ! An IV effort that paid rich dividends.

    IV actively particpated in discussions with USCIS in deciding the modality of reversing the decision, and was the first group to announce it, even before USCIS and US Department of State !

    IV Walked the Talk and helped the EB Community immensely


    3) Lobbying USCIS for administrative reforms - IV participated in the FBI Namecheck backlog reduction meeting ( when it approached alarming figures with some waiting for 1-3 years), where USCIS announced increased FBI funding to expedite the checks and other process improvements to increase efficiency.

    IV also successfully lobbied USCIS to increase validity of EAD/AP to 2 years from the previous validity period of 1 year. It has resulted in a saving of at least $1400 per year for every EB immigrant family that has filed I-485

    IV continues to lobby USCIS to relax USCIS strict determination of 'same and similar jobs' (defined by AC21 law) to provide job mobility and promotions


    All right. Is there anything I can do to help IV?

    Definitely ! IV is an organization of volunteers just like you and me. There are several ways you can help IV. For starters by participating in the very important upcoming DC Rally and the Lobby Day.

    Just spread the word. Forward this E-mail to all your friends waiting for GCs.


    1) Join : IV forums are a good source for finding answers to Immigration related matters and exchange information. IV also conducts pro-bono (FREE) lawyer conferences for members on a regular basis.

    Website link - http://www.immigrationvoice.org.
    Member registration - http://immigrationvoice.org/forum/register.php

    2) Contribute : As you have understood, Lobbying requires lot of funding. IV needs your support to keep the good work running.

    You can contribute either one time or join as a monthly (recurring) contributor [preferred] here -
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    You can send ANY AMOUNT to IV as a contribution. All you need to do it create a PayPal account (if you don't have one), register a bank acount/Credit Card with PayPal (if not already done). Send money to IV using E-mail id - donations@immigrationvoice.org

    3) Volunteer : If you are open to volunteering, you can join your local State Chapter of IV. State chapters conduct activities such -

    a) Lawmaker meetings with Congressmen to discuss issues faced by EB immigrants
    b) Fundraising at local Events
    c) IV publicity through Flyers at public places & Events
    d) Local media outreach to get media coverage for EB community

    Benefits of joining : State Chapters provide more detailed coverage of IV updates issued from time to time than available at IV forums (restricted due to presence of anti-immigrants). They also provide updates early ( 2-3 days before stuff gets posted on IV)

    How to join ? : Yahoo/Google groups for the State chapters are listed here.
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52 ( Scroll to the bottom !)

    Submit a request to join your State chapter with your - IV id, Full Name, E-mail, Telephone number (mandatory to filter anti-immigrants). State chapter leaders will call to verify and you are in !

    You have covered it in detail. Yet, I have many unanswered questions! Whom should I contact to get more info?

    Ask IV !

    Call - (202) 386-6250
    E-mail - info@immigrationvoice.org




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  • n2b
    07-17 01:03 PM
    DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.



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  • boreal
    08-24 06:38 PM
    Quick point:

    I would request members to please post their threads under the proper forum header. The issue raised by this thread has nothing to do with IV Agenda or Legislative issues.

    Thanks,
    BKarnik
    wow .. 483 posts! Way to go!




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  • zCool
    04-03 03:35 PM
    See below for answers:

    Hi there,
    this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....

    Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:

    - Can you work for 2 employers at the same time while making the switch?

    -- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
    That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
    - How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?

    -- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
    Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
    - Is traveling to my home country OK while filing the petition or is it better to wait until I come back?

    -- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
    Thanks a lot!

    BTW, as queries go.. this one wasn't complicated :) Relax!



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  • sasidhar79
    09-16 03:09 PM
    To all IV members please sign the online petition to drop Lou Dobbs and make this country more progressive.




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  • TO BE OR NO TO BE
    02-03 04:29 PM
    Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
    Hi Ryan,

    Do you know anyone have done that? Like you personally or anyone you know? Have they got I-140? I read that its possible to get PERM Labor done under EB-2, but USCIS gives real hard time at I-140 stage.

    Appreciate your help!

    Thank you



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  • validIV
    03-19 01:40 PM
    The American Competitiveness in the Twenty-First Century Act (AC21) removed the
    per-country limit in any calendar quarter in which overall applicant
    demand for Employment-based visa numbers is less than the total of
    such numbers available.

    Why remove the cap when the demand is less? Shouldnt it be the other way around?




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  • mrane1
    08-05 11:15 PM
    I am a June filer (2003 PD)... My GC was approved in Sept 07. My wifes is still pending. Send application on the same day, FP done together etc... Go figure!:rolleyes:




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  • jungalee43
    02-17 09:54 PM
    That means his stand is not really tied to any issues surrounding the problem or its solution. It is pure politics. So for us he is another clone of Sen. Sessions. And obviously meeting, letter, flower or for that matter whatever we try is not going to work.
    It has been tried, they are not open to talk




    Becks
    11-30 10:36 AM
    I have also applied for the canadian PR 1.5 months ago. Yesterday I got a letter from canadian consulate to sit for IELTS as I am clamming 16 points on language skill with supporting documents. Now, I do not want to sit for IELTS..is there any way out? Do you guys know any small consulting firm in canada who can give me a HRSDC approved job offer? I will not mind to work for them for a year if I get my PR (it's better then waiting for GC for another 10 years)...

    Is it mandatory to sit for IELTS? We have been working in US for few years so we cant do our jobs without knowing english. How can we avoid IELTS?




    wellwishergc
    04-03 09:50 AM
    I think, it makes more sense for us to strive for 'I-485 filing without PD being current' and 'removal of hard country quota' issues rather than striving for the 'self GC application'..

    Let us focus on issues which is an extension of the current framework for legal immigration. I do not think it will be in our interest to compare our provisions with the ones of undocumented workers.

    Just my opinion!!!; IV core team can best decide on the approach. Is there any updates on our attempts to ammend for the 'I-485 filing clause' and the 'removal of hard country quota' clause?


    Yes if you are able to prove your illegal stay here and willing to wait for 6 years before applying for your GC, then you can do go this route. Also remember, it is possible that as of now there is no specific category under which these undocumented people can file their GCs. It is possible that you might have to wait another god know how many years before you actually get it.



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