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  • h1b_slave
    02-05 04:40 PM
    Not all professions can apply for H1Bs. You need to have specific skills that the US does NOT have. Someone on here had once posted that his wife could not work as a teacher although the school was ready to offer her a job, coz there is no H1B category for teachers. The H1B visa cannot help spouses in all professions. Hence my suggestion.

    About how this will solve retrogression, IT WONT. My point is instead of trying to bring this retrogression beast down, maybe we should look at alternatives to work around it.

    If it is not the skill that US does not have then what argument are we going to give to lawmakers for asking for such a provision ?

    You need to restart ur GC process but you can keep ur PD (if not revoked) and get a 3 year extension immediately based on the Approved I-140.
    what if it is revoked, do we any options for getting PD back ?





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  • number30
    04-19 04:09 PM
    Wounds, here comes ................ salt!

    There is no requirement in INA regarding the number of years in degree.

    ImmInfo Newsletter: The Culture of No: More on the USCIS challenge of educational credentials (http://www.imminfo.com/News/Newsletter/2011-4-15/USCIS-challenge-credentials.html)

    They are likely to lose, if litigated against.. just saying

    It is not about 4 years degree But 16 years education to attain the degree.
    Does anyone know recent EB2 approvals with B.Sc., B.Com degree from India (Even with M.Sc. , MBA, MCA etc). I thought they stopped approving such cases long back.





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  • SGP
    04-09 06:39 PM
    Pappu : Does this thread yet needs to be bumped up?

    $$$$$$$$$$$$$$$GOOD EVENING GC$$$$$$$$$$$$$$$$

    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

    Dear IV Members,

    If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
    As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
    If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.

    For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
    Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)





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  • Eternal_Hope
    01-30 07:44 PM
    Q # 60 & 78

    6:58 p.m. CST.



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  • eb2_immigrant
    04-30 03:18 PM
    With my very best wishes to those of you waiting for your GC, this thread is created for the lucky among us who received it recently. I am putting together a list of things to do, and not do, to maintain our freshly minted PR status, which should also help during future citizenship application. The list is mostly about little things that others have learned from experience (and I am learning from their experience, by reading in immigration-related forums such as IV). The more obvious things that can be found for example in USCIS handbook (http://www.uscis.gov/files/nativedocuments/M-618.pdf) are not included here. Below is a snapshot of what I have gleaned from Internet so far, and please add your own input(s):

    LIST of DO's :

    1. Carry the original PR card on your person at all times (e.g. in your wallet), keep photocopies in different places, and also store A# on your computers. Note: This is a contentious issue (do a google on "carry green card" and see for yourself), despite being required by law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Some people are naturally worried about losing wallet and the eventual hassle of replacing the lost card (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), whereas others, including me, prefer to follow the law, in case I am suddenly asked to produce evidence of my legal status (e.g. in some border states, or unforeseen events, such as being involved in an out-of-state car accident where showing my DL might just not be enough). Failure to comply may result in, at best a fine, and at worst detention for breaking a law. (See comments by InTheMoment below for additional perspectives.)

    2. Retain all original copies of USCIS documents related to your legal status during the entire period of stay in USA, and shred all photocopies (except when you have a photocopy but not its original).

    3. Retain all employment-related documents, particularly original copies of appointment letters.

    4. Retain copies of all tax return forms from the year of your first entry, or (at least) previous 10 years (you can request IRS (http://www.irs.gov/pub/irs-pdf/f4506.pdf), or your professional tax preparer, for any missing copy).

    5. Maintain a detailed log of USA exit/entry, including dates, POE and countries traveled, beginning with the day of first entry.

    6. Maintain a detailed list of all legal troubles, including minor traffic infractions such as speeding violations (ignore parking violations, because they do not constitute legal "detention"), going as far back as possible. Keep copies of all relevant court papers, traffic tickets, proof of any payment (e.g. scanned copies of personal checks used, credit card statements), and so on.

    7. Update your social security card (http://www.ssa.gov/online/ss-5.html) to remove any restrictive clause about work authorization printed on it. Note: AFAIK, the procedure changes nothing as far as your privileges go, and some of you may not even have such a clause on your SS card (I don't have it either).

    8. Return your I-94 cards to POE on your next trip outside USA, to "close the open files" on your past travels (I do not know what it means though). Note: AFAIK, this is also not required, and besides, you should have the chance to do this while applying for citizenship.

    9. Renew DL to get rid of the annoying "Temporary" word (in case you are in one of those states that do this).

    10. Update your status with your employer by filing new I-9 form (thanks to InTheMoment for this point).

    11. Continue to notify USCIS (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c1a94154d7b3d010VgnVCM10000048f3d6a1RCR D) about change of address within 10 days of moving, as before (thanks to seahawks for this point).

    12. Keep a list of current and past residential addresses, including dates of stay. Retain all leases/ownership documents.

    13. Remember the basics: Initiate your GC/passport renewal process at least 6 months before expiry/Intl travel (Thanks to pappu for this point.)

    14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)

    LIST of DONOT's :

    1. Do not sign up for voter registration card. In particular, never vote in national/state/local elections that are open only to citizens, because this is also a law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Even an accidental mistake (e.g. voting out of ignorance) is a serious offense, which would not only derail your future citizenship plan, but may even result in deportation.

    2. Do not develop a pattern of frequent and/or long absences from USA, unless you have taken prior permission for valid reasons (e.g., studying abroad, medical emergencies etc). Otherwise you may face trouble at POE on your next re-entry attempt, because DHS has become stricter in recent times about possible misuse of PR status, and POE folks are now trained to spot such patterns.

    3. Do not switch job soon after getting GC. This is one of the most discussed, but least understood, issues because no one seems to agree on "how soon is soon". The rule of thumb appears to be "6 months", and a safer bet is "1 year" (here is a thread (http://forums.immigration.com/showthread.php?t=154533) on another forum). This again relates to USCIS being increasingly sensitive to possible misuse of PR status, and this question will come up during your citizenship application process. (But, as InTheMoment points out below, the issue becomes moot if you invoke AC21.)

    4. Those of us who self-sponsored our GC via NIW or EB1A route are not bound by such employer-employee commitment, but you should continue working in "similar areas of expertise" that you claimed in your NIW/EB1A petition, and preferably on a longer time scale.

    [This is an evolving list thanks to valuable inputs from folks here and elsewhere, so keep checking back.]

    Cheers,
    Stuck(no more)InTheMuck

    Good post I like it and I probably may follow most of these eventually but, if I think about it, it seems to me lot of stress. Maintaining records from past ten (GC)/fifteen (Citizenship) years is certainly a stressful activity. Except education certificates I never cared for anything in my home country. In spite of taking care of all this, if you get involved in an unfortunate event everything GC/Citizenship goes into vain and back to square one.

    I am not trying to discourage or depress any one. It�s just a thought.





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  • tinamatthew
    07-18 03:27 PM
    I don't know why but we tend to be satisfied with lsmall benefits...
    I agree with you "something (EAD and AP) is better than nothing"
    But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
    I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..

    What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.

    I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.

    After you apply for AP its only 1 year H1 increments.

    What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.

    We had a small revolt (peaceful way) and its successful.We dont want to stop there.

    LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING

    I hope you guys are with me..looking for your comments


    Have you ever had to stay at home AGAINST your wishes?
    Have you ever wondered if all your technical skills would still be usable when you finally get that EAD?
    Have you ever wondered if the employer would still want you after you been out of circulation for so many years?

    Well.... if you have ever asked your selves these questions, then you may well as say I am ready to wait for that GC

    I agree, let us fight for the overall improvement of the GC processing, BUT I say after Aug 17th



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  • sfcwtu
    09-17 12:51 PM
    The amendments will go on until Lofgren withdrawn HR6020. I hope she gives it up sooner.





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  • Macaca
    12-17 02:24 PM
    From Investing in America, Making Things Worse (http://online.wsj.com/public/article/SB119449088264586132.html) By Sen. Chuck Grassley (R., Iowa) | Wall Street Journal, Nov 8, 2007

    I'm startled to learn that The Wall Street Journal seriously believes that an investment in American students will make things worse for U.S. businesses ("The Grassley Visa Tax," editorial, Nov. 2).

    Your editorial asserts that the number of foreign workers on H-1B visas is so minimal that we shouldn't care if Americans are in fact displaced. I challenge the Journal to wave their labor force figures in the face of one of the hi-tech workers who have had to train their own replacement who is an H-1B visa holder. That's a smack in the face to the American worker and hardly an issue to take lightly.

    I am committed to an effort to include additional H-1B reforms and increase the visa supply along with an increased investment to educate Americans. But, I strongly disagree that the only solution is to increase our reliance on foreign workers by raising the annual cap. Reforms to the program must be a top priority. Big business cannot continue to ignore the home-grown American talent who should be getting at least a good portion of these jobs.


    From page 9 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007

    The National Foundation for American Policy sent a letter to Senator Grassley�s office requesting a list of the names of �hi-tech workers who have had to train their own replacement who is an H-1B visa holder.�

    To date we have not received such a list from Senator Grassley�s office.



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  • vallabhu
    07-20 09:31 AM
    Link does not work





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  • Bokke
    06-22 07:46 AM
    *taps fingers impatiently*

    errr.. :look: lets vote !



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  • skd
    07-11 11:55 AM
    http://hammondlawgroup.blogspot.com/
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  • enigma
    12-04 05:33 PM
    PD Nov, 2003. NC or Security check is pending.



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  • Bradman
    11-05 10:21 AM
    Hi
    Can you please tell me who you addressed the letter to (letter to the president) - is it just the address given on the WH website. Did you send it to anyone's attention in particular. Thanks in advance for the info.

    The President George W Bush,

    The White House

    1600 Pennsylvania Avenue NW

    Washington, DC 20500

    Mention in the subject line: FBI Name Check pending.

    Also send it by a regular post as I have seen and it worked for me, whether it was the FL, State Senator or the Local Congressman !

    Also make it a point to write at the top of the envelop (Immigration Assistance). Let the letter be very personalized and write your traumatic experience.

    All the best !!!





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  • sundeep14
    08-27 10:40 AM
    how does rupee draft work..?....



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  • BEC_fog
    01-31 12:30 PM
    Just voted for both questions....they are no 6 and no 18 at this moment after sorting by most popular.





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  • smodekurti
    10-12 10:25 AM
    Friends,
    I too have received an update from CRIS about reopening my old H1B from my previous employer which is a large multi-national organization. I have changed the company since then and I have already received my EAD with the new company. I am a bit worried about the outcome of this review. If in the event of revoking the H1b of my previous employer, will my current H1B will also be revoked or am I safe irrespective of the outcome. Would really appreciate if someone can provide any feedback.

    Thanks



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  • cdeneo
    04-22 05:25 PM
    Another question for the group related to porting from EB3 to EB2 -

    I-485 for the EB-3 application was filed for both the primary applicant and the dependent spouse. Now the primary applicant and spouse are separated.

    Once the new EB2 Perm application is filed and is followed by the premium I-140 petition that should get approved - and since no I-485 application is required this time around - would both the primary applicant and spouse get the GC based on the original I-485 pending application?

    Since the primary applicant and spouse are now separated - how does one get the spouse's I-485 application cancelled since the spouse has moved out of the country.

    Any insight would be very appreciated. Thanks!

    If I-485 is already pending with old EB-3 india I-140, then no need to apply new I485.

    IF I485 was not field for some reason due to delays in backlog processing or PERM audits, then one needs to apply for new I485 alongwith new approved I-140.





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  • pd_recapturing
    04-04 09:12 AM
    Hi Krupa,

    Which service center you applied your 485? Did u see any soft LUD? Did you also receive a copy of rfe from USCIS along with lawyer's office?





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  • cygent
    01-30 05:12 PM
    Voted It is #23 now





    chicago60607
    09-17 12:20 PM
    SO many amendments to HR6020, King is as usual the lead of amendments





    alisa
    02-11 03:39 PM
    And ofcourse, EB-3 ROW would oppose such a move.

    Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..


    No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....



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