Saturday, June 18, 2011

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  • newbee7
    07-05 11:29 PM
    Dugg! and posted a comment...
    Please also digg comments.




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  • ak_2006
    06-10 02:11 PM
    That is the victory due to our admin fixes campaign. Your thousands of letters are working here.
    We had received good feedback in our meetings with the administration.
    The whole process of making final announcements is just too slow!!

    We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.



    Thanks IV...thanks a lot.




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  • beppenyc
    03-16 10:10 AM
    I have just called, same answer...




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  • Jimi_Hendrix
    08-09 01:37 PM
    Why you need to support legal immigration reforms?


    I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of illegal aliens, lack of sufficient resources to process applications, procedural inefficiencies and poor understanding of legal immigration problems by congressional representatives are some of the contributory factors.

    Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.

    Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
    1) Legal immigrants cannot change employers and/or job title
    2) Spouses of legal immigrants cannot work unless they have separate work authorization
    3) All major financial and career decisions are on a hold
    4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
    5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
    6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.

    Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long time. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter.

    Lately, an awareness campaign has been launched by Immigration Voice (a 5,500 member group representing highly skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.

    Best Regards,

    JH



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  • Macaca
    09-12 01:44 PM
    Macaca-

    If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!

    "Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
    This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
    So overall, we are talking 10+ years to get permanant residency in a majority of cases.

    I think I am saying what you are saying!

    Else what are reasonable numbers? I have added 1 year OPT.

    "Skilled immigrants have waited patiently for 2+ years"
    Are we just talking about 2 yrs to see if there is going to be some reform?

    yes.




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  • ps57002
    07-27 03:38 PM
    any recent approvals...please let us know..give us hope....



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  • sheelalann
    05-21 12:53 PM
    when porting always send a letter requesting old priority date




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  • badluck
    07-24 03:56 PM
    Since it is absolutely impossible with EB3 Sep 2006 PD I thought he might have applied in a different category..Do not know the specifics of EB5...Incase what you said is true whatever that guy said is just a JOKE!

    After all sardarji can make a joke:D



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  • pappu
    11-28 10:36 AM
    Got legal immigration?

    .
    This is a great article. We will be making efforts to get it published. if somone can also write on the innvators (http://www.ocregister.com/ocregister/opinion/homepage/article_1366853.php) (If you doubt the contributions of foreign-born workers to our country, you simply need to look at the talent that has provided the United States with a high-technology edge. Sergey Brin, co-founder of Google, is Russian-born; Intel co-founder Andy Grove is from Hungary; Sabeer Bhatia, co-founder of Hotmail, is from India; Jerry Yang, originally from Taiwan, brought us Yahoo; Pierre Omidyar, founder of eBay, is from France; and Vinod Kholsa, co-founder of Sun Microsystems, is from India.) and how they helped America in the op-ed it will be another angle for us.

    The article can talk about the talent, innovation high skilled immigrants bring to this country and be more specific to the greencard process. The above mentioned URL is specific to H1B visa.




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  • 9years
    11-30 02:05 PM
    Just noticed there is an update on LUD on my previous EAD (not the current one). Not sure what that means though. Still waiting for response after sending interfiling letter.
    Thank you for the update. I don't have any updates or LUDs. Best of luck to you.



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  • jung.lee
    04-04 06:48 PM
    Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??

    Thanks
    sree

    My interpretation is that if the spouse (with EAD), in question has been in residence in the US for more than 6 months in a year, she would be considered a resident for tax purposes, and therefore be eligible to set up a S-corporation.




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  • sands_14
    09-28 11:27 PM
    Can all of us at least send a joint request/letter to Rep Lofgren to ask USCIS to formalise a procedure for re-capture of visa numbers?I guess USCIS can do this without any senate approvals.At least ,this will decrease retrogression a little.Any major reform looks unlikely anyways till year 2009...



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  • gene77
    03-20 12:43 PM
    Folks,

    I'm on H1 and my wife is on H4. We have both got our EADs and have visa stamps till Jun 2010.

    Can my wife switch to the EAD status and start working even though I remain on H1 status till my visa expiry? Is this allowed?

    If yes, then can she travel on AP while I'm still on H1 visa?

    If we're both re-entering the US, can the IO ask why is the spouse on EAD/AP and not the primary applicant?

    Thank you very much!




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  • jetflyer
    02-24 08:29 AM
    Your situation is similar to mine and I am sure lot more IVans are going thru the same.
    I am in US for 10 years on H1b + EAD, and almost every day I attempt to weigh my options. It gets even tempting for people from India and other similar economies where finding a job is now piece of cake (for skilled worker). I also got carried away with American Dream and got into cars, house etc. assuming Legal Immigration is a sure shot in the land of opportunity, its just matter of time due to slow process but once you are in the line you are pretty much set. But now after so many years, situation doesn't looks that promising, especially after leaving what we had backhome, missing opportunities that other who-stayed have enjoyed, and now tempted to leave what we have build in US, brings me to square one. But I must solidify my ground before moving forward, and hence as long as I have job and I am confident that I will have a job no matter how bad economy turns, I will keep serving this country, and when I find that I have to make unreasonable sacrifices I will quit and happily goto any other booming economy, it could be India, Brazil, or any other country but with solid PR prospects, where I don’t have to giveup my career advancements, and I can plan for long term.

    Good Luck & hang in tight.



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  • learning01
    04-26 10:41 AM
    Bkarnik:
    I respect the efforts of IV and actively support them.. To kick up some dust and buzz, amongst our American collegues, TV news reporters, talking heads, professors etc., I suggested that we must write about this injustice. Taking SS Tax and Medicare tax from non -immigrants is injustice. Americans will not tolerate injustice. What we are discussing here, whether we should do something about this collectively at IV, so that our GC processes will be speeded up, as a indirect consequence. This great country should understand more the injustice is being done to us, the highly skilled immigrants

    - in visa extension / stamping issues (a family has to spend 6 to 10 grand to get a visa stamping, appointments are not availabe for next 4 months etc)
    - in employment (cannot take promotion, cannot easily change jobs without losing Priority Date),
    - in labor clearance and
    - in GC Process (visa numbers, etc)

    Thanks for the links. I didn't read them as I don't have to. I had indeed done research on the visa stamping issue. I am not ignorant, but I take your words as compliment.

    You must understand employment visas, like H1B are non-immigrant visas. That alone should make Uncle Sam stop collecting SS Tax and Medicare. If any trial lawyer does a class action law suit or what we call a Public Interest Litigation, the US government should be in lot trouble. Because no one is questioning, they are passing on. I was also told by a SWA high official, that there is a provision, that you can opt out of deduction of SS Tax and Medicare, if you are on H1.

    I want to focus on core IV goals. I will not post any further on this SS Tax issue. But, my last word is: dual intent is dangerous and applicants will be denied visa and entry into US. So, readers be careful. You have a non-immigrant visa.

    From US Embassy in Canada for visa stamping requirements:

    WILL I QUALIFY FOR A VISA?
    In order to qualify for most categories of U.S. non-immigrant visas, you must be able to demonstrate to a U.S. Consular Officer that you have a permanent residence outside the United States that you do not intend to abandon. You may satisfy this requirement by showing you have strong economic and social ties to your country of residence. "Ties" are factors that would require you to return to your country of residence, upon completion of your temporary visit to the United States.
    LIN: US Embassay Canada. GOV (http://www.usembassycanada.gov/content/travel/halifax_OF-156.pdf)




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  • Saralayar
    01-03 05:40 PM
    I also got email confirmation today for AP document mailed on Jan3.

    I filed on Aug 7 or 8th.

    db
    I also got the same message. But it says document mailed and not as Travel Document approved. What does this mean?. IS the AP approved or any RFE on the AP??:confused:



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  • diptam
    08-11 04:14 PM
    I've made some date changes to the NSC letter - rest are all absolutely same. It's good to know that this letter does NOT need to be signed by Employer. Lets wake up friends !!!!!!!!!!!!!!!!!!!


    From,
    ABC XYZ
    Address:


    To,
    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225


    Dear Mr. Ombudsman:

    Re: I-140 processing delays at NSC for Apr - June 2007 non-concurrent petitioners

    I submitted an I-140 petition for an employment based green card to NSC during the May 07. I have been waiting for more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around Mar 22nd 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their Approvals) that NSC has been processing & approving cases filed post August-September 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.

    This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition (based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.

    Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.

    Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.

    Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.

    I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during Apr-June 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.

    Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.

    Sincerely,




    ABC XYZ
    Phone : -
    Email : -
    Address: -

    Your employer does not need to sign the letter. You can sign the letter. On section 12 of the form 7001 mention " please see the attached letter" and then include the letter to be mailed to Ombudsman's office.




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  • pappu
    06-10 01:18 PM
    The best way is this .

    1) Apply labor and I140 .

    2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .

    3) Return to Booming India and have fun and make money . Raise kids . Change jobs .

    4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D

    5) Retire in the USA in instead of India . :D

    Advantages
    **********
    1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )

    2) Give kids the Indian upbringing .

    3) Enjoy with your family , friends and relatives

    4) Come and back and retire in USA after retirement .

    Why?
    Is retirement better in USA?
    Just curious to know the reasons.




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  • JunRN
    05-15 09:34 PM
    Hi! I have some questions:

    1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?

    2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?

    Thanks.




    punjabi
    09-10 08:42 PM
    Guys,

    Keep the cool. USCIS is very unpredictable as we all have seen. Get ready to see the dates move forward pretty quickly this year! There are more chances to have increased visa numbers and things can only go UP from here on.

    Watch the documentray "The Secret" and put your positive thoughts out there...




    bharol
    07-11 01:14 PM
    This bulletin does prove that very few labor certificaions were done in 2005, due to move to PERM.

    And those who had applied in PERM in 2005, got their GCs already..
    I know a few who applied in PERM as soon it was introduced and got their
    GCs last year.



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