BharatPremi
07-05 05:22 PM
I called my congressmans office and made them aware of the issue. He is Gary Miller 42nd district of CA.
O.K. I got your senator and your state. That is good. I have also played my part and have done that infact yesterday. Thanks. In the process I also learned that , Calling to out of state senators would not be entertained..
As lon as we are playing parts at our state level... that's good enough
O.K. I got your senator and your state. That is good. I have also played my part and have done that infact yesterday. Thanks. In the process I also learned that , Calling to out of state senators would not be entertained..
As lon as we are playing parts at our state level... that's good enough
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Asian
08-10 10:44 AM
No. It is true to some extent that we are paying more taxes.
Take my case for an example. My kid is not an American citizen. She moved with us when she was a baby and currently under H-4 status. So she could not obtain social security number that is good for "authorized to work". Without the SSN, we were not eligible for certain child tax credit, which was hundreds of dollars. I tried an ITIN but I got a formal response from IRS that the child still needs to have a SSN to be eligible for the credit.
If you ever filed your tax return yourself and have a kid, you will know what I mean.
just one correction:
I do not think the above is true.
Take my case for an example. My kid is not an American citizen. She moved with us when she was a baby and currently under H-4 status. So she could not obtain social security number that is good for "authorized to work". Without the SSN, we were not eligible for certain child tax credit, which was hundreds of dollars. I tried an ITIN but I got a formal response from IRS that the child still needs to have a SSN to be eligible for the credit.
If you ever filed your tax return yourself and have a kid, you will know what I mean.
just one correction:
I do not think the above is true.
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guy03062
04-25 09:56 AM
Well there is definite gain for people who came here earlier which is more fair system. For example, I came in USA in 12/1997 but my PD is 06/2005. If someone who came to USA in 2003 (after 5 years I came) and is lucky to apply GC...lucky to get his labor+140 approved, he would get PD earlier than me!!
It may not help at all.
Chances are once you make the arrival date as the priority date, USCIS/DOS would set the cut-off dates to reflect the earlier PD's. For example if it is now May 2001, it could retrogress to May 1995. I don't see any gains there.
It may not help at all.
Chances are once you make the arrival date as the priority date, USCIS/DOS would set the cut-off dates to reflect the earlier PD's. For example if it is now May 2001, it could retrogress to May 1995. I don't see any gains there.
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NNReddy
09-05 12:57 AM
I came to USA in July 1997. I did my masters here. I worked for 3 fortune 500 companies so far. I have been with one company since last 11 years. I am on EB3(mar 2003). I am a senior manager in fortune 50 company and on the path towards directorship. I wish I had green card, that didn't prevent me from having a good life and career. I brought an house 10 years ago. All I can see few more years of wait. Reg' Pappu post about action, the only action I can take is converting my case to EB2, which I tried several times within the company and it didn't work. The second action I can take is change employer. I have a good career, pay in this job, not sure if I would be able to get same one outside.
more...
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geesee
08-20 11:35 PM
Here in NJ(at least in Somerville), they ask for H1B approval notice. No need to have the visa stamped on passport.
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desi485
11-20 04:47 PM
Which means that EAD is much safer than H1b. Then why are Attorneys insisting on the opposite (H1b against EAD?)
If this is confirmed news, i will revisit my blog and make changes
If you really think then there is a 'conflict of interest' between an applicant and an attorney. If you looks at this way, attorneys do get paid for filling of H1B extensions. isn't it? I do not say that attorneys are bad and do this on purpose, but think about all possibilities. It really depends on individual. Thoughts? :(
If this is confirmed news, i will revisit my blog and make changes
If you really think then there is a 'conflict of interest' between an applicant and an attorney. If you looks at this way, attorneys do get paid for filling of H1B extensions. isn't it? I do not say that attorneys are bad and do this on purpose, but think about all possibilities. It really depends on individual. Thoughts? :(
more...
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eb3_nepa
07-15 03:57 PM
zooom and fundo14 good job on updating your signatures.
Contributing members, please update your signatures with a link to this thread.
Keep the high fives rolling guys :)
Contributing members, please update your signatures with a link to this thread.
Keep the high fives rolling guys :)
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amits
07-19 12:59 PM
Thanks, kvsagar123!!
We need more supporters and contributers like you!!
I am silent reader on this site from last one month. It is great to know lot of people are working hard behing the scenes and really appreciate what IV has done regarding bulletin fiasco.
I will make couple of friends to join IV and contribute.
July 19th : signed up for 50$ recurring contribution
We need more supporters and contributers like you!!
I am silent reader on this site from last one month. It is great to know lot of people are working hard behing the scenes and really appreciate what IV has done regarding bulletin fiasco.
I will make couple of friends to join IV and contribute.
July 19th : signed up for 50$ recurring contribution
more...
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santb1975
07-09 06:18 PM
I live in Irvine. Count me in.
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arunmohan
07-15 08:56 PM
Donated 25 USD.
5$ is nothing, Each member should donate each month.
But we need a push for EB3-I.
5$ is nothing, Each member should donate each month.
But we need a push for EB3-I.
more...
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pranju
07-18 02:21 PM
only those with labor approved by 31st july can apply.
Everyone can apply until August 17, but in the August VB, all the categories are U, which means no one is current and who knows when that will change. When processing, theoretically RD it's important, but when you get to the stage of being approved, you'll actually be approved only if your PD will be current at that time. Don't count too much on any guidelines, because some people get approved in weeks,others in years. Good luck.
Everyone can apply until August 17, but in the August VB, all the categories are U, which means no one is current and who knows when that will change. When processing, theoretically RD it's important, but when you get to the stage of being approved, you'll actually be approved only if your PD will be current at that time. Don't count too much on any guidelines, because some people get approved in weeks,others in years. Good luck.
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apb
09-11 06:29 PM
Contributed $100 yesterday. Contributed $100 more today. (Paypal Transaction ID: 3SC70877BD390151N).
Coming to the rally on 9/18.
Downloaded the petition and already got 20 signatures (not including family and friends).
Thanks for your effort IV.
You rock superdesi.. That is the spirit. Getting 20 signatures is awesome.
Coming to the rally on 9/18.
Downloaded the petition and already got 20 signatures (not including family and friends).
Thanks for your effort IV.
You rock superdesi.. That is the spirit. Getting 20 signatures is awesome.
more...
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satyasaich
07-14 02:24 PM
Dear IVians
Please make it happen. Just $5 will never hurt anybody's economy / budget.
I wanted to cover 9 more souls if there is any acute shortage of even $5 (not to offend anyone), hence sent a check for $50
Suport IV
Satya
Please make it happen. Just $5 will never hurt anybody's economy / budget.
I wanted to cover 9 more souls if there is any acute shortage of even $5 (not to offend anyone), hence sent a check for $50
Suport IV
Satya
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mirage
07-05 12:38 PM
Yes, They always do that. I did fill that form for my Senator and congressman when they did inquiry for my application in the backlog center.
I sent faxes to my senators and congressman on 2nd july. But haven't heard back from them. When they'll reply they will send me the same form.
I wrote letters to Cornyn and Hutcison about the situation. They have asked me to fill the privacy form authorizing the senator to access my data. Did anyone do this?
I sent faxes to my senators and congressman on 2nd july. But haven't heard back from them. When they'll reply they will send me the same form.
I wrote letters to Cornyn and Hutcison about the situation. They have asked me to fill the privacy form authorizing the senator to access my data. Did anyone do this?
more...
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chocolate
06-03 03:49 PM
If you are eligible to file I-140/485 now then how come you are stuck?
Remember nothing has become law yet..
MY employer is a consulting company and i had a rfe to my h1 extension for 8th yr so he wants to wait to answer rfe , then get approval and next file for next stages. I have tried all the ways to make him file and not able to.I just hope the new labor laws will help. Acc to that he shud file for next stages in 180 days starting july 15 th right. What is this May 15 thing?Any inputs. Thanks in advance.
Remember nothing has become law yet..
MY employer is a consulting company and i had a rfe to my h1 extension for 8th yr so he wants to wait to answer rfe , then get approval and next file for next stages. I have tried all the ways to make him file and not able to.I just hope the new labor laws will help. Acc to that he shud file for next stages in 180 days starting july 15 th right. What is this May 15 thing?Any inputs. Thanks in advance.
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DDLMODES
07-06 10:47 AM
Hello DDL/DML,
Please dont say anything against anyone without understanding the point.
Who the hell gave you the right to twist my statement and personally attacking me as "anti immigrant" ?? Where i have said that reversal of 20 K GC will help us ??
My simple point is the whole USCIS process is broken and that needs to be improved and rationalized . Now you/me/an immigrant can't initiate that process. The push has to come from influential CITIZENS who we call Senators , Congress Man/Women, House Representatives and so on so forth.
For them to take a step they need push from american peoples. You know why CIR has failed - the senator phone lines were jammed , Talk radio was blasting Bush , Kennedy for doing behind the door deals.. that's why...
Your/my opinion never stalled CIR - its american citizens who stalled it.
Unless citizens see a good reason to overhaul USCIS process where the push would come from ??
You want them to be accountable for the fast approval of the GC in June/July which means they need to revert the decision and give visas back.
Isn't that the whole idea behind this discussion ?
Otherwise, why would you point out that the process is broken when something good happens and they work faster ?
You are questioning that they used up all the visas so they can make all categories available.
Anti-immigrant I called you because you are using arguments that ONLY hurt us.
Please dont say anything against anyone without understanding the point.
Who the hell gave you the right to twist my statement and personally attacking me as "anti immigrant" ?? Where i have said that reversal of 20 K GC will help us ??
My simple point is the whole USCIS process is broken and that needs to be improved and rationalized . Now you/me/an immigrant can't initiate that process. The push has to come from influential CITIZENS who we call Senators , Congress Man/Women, House Representatives and so on so forth.
For them to take a step they need push from american peoples. You know why CIR has failed - the senator phone lines were jammed , Talk radio was blasting Bush , Kennedy for doing behind the door deals.. that's why...
Your/my opinion never stalled CIR - its american citizens who stalled it.
Unless citizens see a good reason to overhaul USCIS process where the push would come from ??
You want them to be accountable for the fast approval of the GC in June/July which means they need to revert the decision and give visas back.
Isn't that the whole idea behind this discussion ?
Otherwise, why would you point out that the process is broken when something good happens and they work faster ?
You are questioning that they used up all the visas so they can make all categories available.
Anti-immigrant I called you because you are using arguments that ONLY hurt us.
more...
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chanduv23
02-25 07:33 AM
Yesterday, @seaworld, the oldest Shamu got frustrated and killed the trainer. Imagine the level of frustration that goes through her when she is doing the smae thing again and again for 20 years.
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eb3retro
03-04 02:44 PM
got an RFE on my case alone, not sure abt the details, since i have not recieved it in hand. you can know my PD details in the signature.
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brav
07-19 05:29 PM
I think most of the guys n gals will be busy with their paper work for I-485, 765 and 131. I am guessing once the dust settles most of them will come back and contribute generously.
I know most of you know the magnitude of impact IV has in the decision of the reversal of July 2nd update.I am in my 8th year of H1B and I wish IV has arrived 2 to 3 years back, but I am happy better late than never.
Thank you IV and I very much appreciate you keeping the cool when people started second guessing after the AILA update that the situation is 'Fluid'.
I know most of you know the magnitude of impact IV has in the decision of the reversal of July 2nd update.I am in my 8th year of H1B and I wish IV has arrived 2 to 3 years back, but I am happy better late than never.
Thank you IV and I very much appreciate you keeping the cool when people started second guessing after the AILA update that the situation is 'Fluid'.
msp1976
01-10 03:14 PM
Interesting comment.....
I am going back in a few years!..this in Bhoga Bhumi(Land of material pleasures)...my land Bharath is Punya Bhommi(Land of Good Karma).I am heading home no matter what!
I think as much punya is done in this country as there is a quest of bhoga
Every one says that they are going back in a few years...I am yet to meet someone who says they would not go back no matter what...
I am going back in a few years!..this in Bhoga Bhumi(Land of material pleasures)...my land Bharath is Punya Bhommi(Land of Good Karma).I am heading home no matter what!
I think as much punya is done in this country as there is a quest of bhoga
Every one says that they are going back in a few years...I am yet to meet someone who says they would not go back no matter what...
susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
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