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  • mybid2003
    08-26 11:03 AM
    Unfortunately, I can't leave the US for the following reasons
    a) AOS pending
    b) H1 expiring soon
    c) Won't get any vacation time as just joined a new job.

    I am in a similar situation. My 8th year H1B expired in May. 9th Year extension is pending. No receipt yet on 485/EAD/AP for Julay 2nd filing.

    Fortunately my license is expiring next year.





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  • EB3_SEP04
    05-29 11:25 AM
    This is the third time an Indian American has won the competition in a row.

    BTW, the huge number of Indian American partcipants is not due to the fact that " Indian Americans" are brilliant... These children (at least most) are partcipating not becasue they have talent but they are being forced to by the aspirations of their parents.

    All the Indian American children are crying, sitting on the lap of their parents etc... See any other kid who lost, they were cool.

    How do you support your statement? and how many Bee contestants have you met/talked to?

    in studies you can not force someone, you can only help them stay focused, having lived in NJ for 6-7 years i have met dozens of india american teenagers, very rarely have i heard them going to so caled "teenage clubs" where they do all the kinds of nasty stuff. teaching kids how to stay away from things that would hurt them in the long run, and spending enough time with them is what most immigrant(not just indians) parents do.

    15 years from now when you see more than 50% neurosurgens are of indian origin, please stand at times square with a banner "these neurosurgens are not brilliant but they were forced by their parents" :p





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  • krishnam70
    07-10 04:52 PM
    So USCIS will never see the flowers becoz they are boxed.. and they will never get delivered becoz they are being routed from the airport itself. No major news media covered the few deliveries at USCIS.. What was the point of the campaign again?
    would you please refrain from posting the same message in all threads





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  • Humhongekamyab
    01-15 03:35 PM
    i'll take this as joke.

    Trust me, if he wants to kill you, he won't ask for your money.
    If he asks for your money/car, he doesn't intend to kill you.

    You think anybody can mug 'sledge hammer'?



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  • Marphad
    01-13 02:53 PM
    This train moves backwards too. So you never know.

    Shubh Shubh bol :)





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  • thomachan72
    05-24 12:02 PM
    in the long run, it is going to be extremely BAD/HARD for skilled immigrants..
    I couldn't confirm it but from what I understand, the dual intent will no longer be valid on H1 ie A H1-B holder cannot have an immigrant intent. Does that mean, they cannot file for a GC, while on H1? Also, as consulting would be severely restricted, how many of the H1s will be able to find Full-Time Jobs?

    As we read more into the Bill, the 'hidden' intent is becoming clear..
    Restrictions & more Restrictions..

    My dear friend this statement that you made is BS. Pls read the bill draft carefully, actually they have added dual intent to even F1 in some catagories. They have not taken dual intent off H1b visas. Our major killer is however the restrictions imposed for extension beyond 6 years. We need the employer's recomendation + >365 days pending 140. I dont know whether one of these would suffice or whether both would be needed??? Otherwise it looks not VERY bad, but bad.



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  • Diluk
    03-13 11:44 AM
    EB2 India will move forward to 2091
    EB3 World - will retrogress to 1857 there are still some Irish immigrants waiting! l

    I'm a EB3 WOrld :mad::mad:





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  • msp1976
    03-03 08:29 PM
    Legal Immigrants in Limbo

    It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.

    A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
    1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
    2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
    3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
    4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.

    As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.

    Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.

    And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’

    United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.

    As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.

    The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.

    Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.

    The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.

    In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.



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  • wa_Saiprasad
    07-23 10:49 AM
    Jul 02, Nsc: Usps 11:30 Am.





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  • wahwah
    09-14 05:13 PM
    give 2 or 3 months and ROW EB2 will go back to Jan. 2007 or March 2007.

    we'll revisit this thread later again.

    Total number of application will have no impact on ROW (number of application from ROW will have impact on that category), which i think will be very limited.



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  • gcwanter
    06-28 01:57 PM
    I live in Tx..If I file today...would it help if it reaches tommorrow....for PP-I140??...Where is tjhe form for applying PP-I-140...somebody plz answer....

    I907 is the form for PP





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  • va_labor2002
    09-15 03:39 PM
    There is no big secret, except little bit of planning and starting something.
    I came here in 1997(at 22), but was in school for 2 years, started working in 1999. As soon as I started, I put money in 401k. I married early in 2000(I was only 25 then), my wife already did her M.S by then, she started working in 2000 even before our marriage. I made her put into her 401k(max out most of the time), we also put into esop. Together we have 300k in investment assests in 401k. Then I started a brokerage account and put 1500 every month, that accumualted to 150k now.
    I brought house early, as soon as I am out of PT, with in first year of H-1, it didn't appreciate much but I still have an equity of 200k in primary house(I took 15 year mortgage) and I brought another house, that I rent out which as an equity of 50k. I have some cash. I brought couple of plots in india and also constructing an house in my native town in India.
    But i want to do something else, I am happy with my life, for last two years, I got into golf, tennis and exercise, trying to be physically fit. I used to worry about GC before, not any more, whatever happens will happen.
    Except that I am not progressing ahead in my carreer, I want to do MBA and get into something else. Right now most of my money goes to day care for two of my kids around 24,000.
    More than money, you have to develop right habits, be healthy and have positive attitude.
    In my case, Secrets of my lifestyle are
    1. Getting started early, buying an house at 26. STarting 401k early.
    2. Marrying a girl, who is already working.
    3. Maxing my 401k and esop plan.

    Your planning and strategy was really good . I bought a home in 2002.Do you think buying a second home in this market is a good idea ? Can we cover up the mortgage with the rent ? What is your experience with this ?

    Thanks Reddy..



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  • Carlau
    06-18 10:53 AM
    Where have your read that?





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  • styrum
    02-08 12:30 PM
    Some more relevant info:

    http://wdr.doleta.gov/directives/attach/TEGL5-02_Attach.html

    11. Does the SVP code indicate whether a Bachelor's or Master's degree is the normal entry requirement for the occupation?

    The SVP code for the occupation is relevant, but not necessarily determinative. SVP time can include experience, formal education, and any combination of experience and education. Thus, the SVP alone is not a guide as to whether the occupation requires a Bachelor's or Master's degree. Do not infer that a job requires a particular educational level based solely on the SVP rating. Of course, an advanced degree exceeds the allowable SVP for jobs at SVP 6 and below.

    This confirms that MS is OK for zone IV (SVP 7)!



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  • kartikiran
    01-21 03:19 PM
    Hello,

    With me having a pd even prior to of Mar 2002-EB3I, I thought I will join hands with IV to make something happen. To the extent I went and joined the IV chapter too.

    Unfortunately, starting with the forum to most of the news that is being discussed seems to be not related to immigration at all. Example, accidents, investments, real estate. I feel the admin should be able to control and strictly adhere to what ImmigrationVoice stands for and delete any other unrelated threads.

    Anyway, long story short, I feel IV has lost its focus and feels like for people who are looking at a proper approach to resolving problems, the web site does not give any reason or confidence, to follow or join hands for IV activities.

    Just my opinion. Feel free to agree to disagree whoever would like to.

    Not trying to blame anybody here, but sharing a viewpoint. In my opinion IV was great sometime back, but feel now there is a lack of direction.

    I understand there could be lot of negative & positive comments about my reply here or me joining activities etc or not joining IV initiatives etc. I will explain my stance on those later.

    Thanks.





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  • coolvigo
    11-05 10:25 PM
    Dear friend

    It looks like you can show some light on my stuggle with ICICI bank to deposit money in My ICICI NRE account.

    Story is like this, I went to India this summer deposited money to several mutual funds from my ICICI NRe account. One of the investment (in franklin ) was wrong by the mistake of my agent ( because US person can not invest in some of the US based mututal funds and frankln is US based fund) So I had to struggle to get money back from Franklin, as it was not proper investment ( wer mentioned NRE US based in forms, so they should have out right rejected investment, but they alloted it and then I have to fght back to get it returned)

    Luckly due to my correct application I was able to get money back from franklin. they issued RS check, which I tried to deposit to my NRE account at ICICI bank. ICICI rejected check saying it is in RS. I tried to persue them it is REFUND FROM MUTUAL FUND (NRE INVESTMENT) from the same ICICI account but they still wants the proof that it NRE money. I have still this check bouncing back between me and ICCI bank. I also approached franklin to get letter. This time they have qouted some earlier RBI rule ( I have not read letter) and I am trying to redeposit that with check again.

    Here in this My bigger question is we all are investing lot of Money from NRE account in Mutual funds and other investment options available to US in India as NRI. but when it comes to getting money back in our NRE account ( naturally all returns/refunds from India investment will be in RUPEES CHECKS ONLY) then we have big trouble like One I am facing right now.

    SO DOES OUR INVESTMENT IS TRUELY REPRETRIABLE.
    WE CAN GET OUR ORIGINAL INVESTMENT AS WELL AS GAINS ON THAT BACK TO NRE ACCOUNT OR NOT

    IS IT THE ICICI BANK ONLY or ALL OTHER BANKS ARE GIVING TROUBLE wHEN WE TRY TO REDEPOSIT OUR MONEY ( in rupees) back to our NRE account.

    Please explain your experiences in this regard.

    If possible also provide links that talk in more details about REPRETRIABILITY OF NRE INVESTMENT

    Also let me know which is best NRE bank to work with without any such hassles in India?


    Dude,
    ICICI sucks......i hate those guys.....their claims are big but poor banking and customer service......personally i have found SBI to be best although they are little slow.

    On the top of it....sending money for investment is a bad idea......I have already lost money in it....and now facing issues getting money back.

    In the whole episode, I lost so much peace of mind that money that grew in India was not worth........I guess there is a limit to what we want but greed inside us still ask us to invest.....let it be hard way....but I have learnt a lesson....if I have to live in US....it is better that I find investment opportunities here and live a "peaceful life". At the end we all need peace !!!



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  • royus77
    08-22 05:14 PM
    Thanks! That's helpful... from what you say, sounds like PD is still quite important. RD comes into the picture only after the PD becomes current. However, if a range of PD's are current, then they would sort those by RD and not by PD.

    For eg, if they move the dates forward by a year, and Jan 04 and Jan 05 are both now current, a person with PD of Jan 05 but an earlier RD would still get processed prior to an application with PD Jan 04 and a later RD (according to the FIFO principle)...

    PD is the basic qualification and after that its all Luck .....Its a lottery ...





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  • desi3933
    06-24 09:37 PM
    desi3933 is right.

    - While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
    - It does not matter if the person has other seemingly valid visa stamps on his/her passport.
    - The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
    - If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
    This is correct ONLY if person is maintaining status at the time of application. If the person is out of status then filing change of status petition does not put him/her in status.

    - Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
    - Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
    3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.

    Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html

    Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.

    - Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status

    This is an issue ONLY if I-94 date is passed. Out of Status is not an issue for visa stamping (The key thing here is I-94 date).

    - If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.

    This is a SERIOUS matter requiring legal competent advice.
    email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.

    NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research

    SertaSheep -

    See my comments in Blue above. There is a BIG distinction between unlawful presence and out of status.

    The best way to get back into status is to re-enter in USA with the proper visa (h4/l2) visa stamp.

    The I-485 can be denied if the person is out of status > 180 days (since last entry in USA) at the time of filing.

    Paying employer for generating "pay stubs" can land one in deep trouble. PLEASE consult a good attorney before paying for pay stubs.

    There are actions "missed" by Employers. But, that is beyond the scope of current discussion.

    I will be writing a detailed note on how to handle out of status issues.

    desi3933 at gmail.com

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002





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  • lazycis
    08-15 02:06 PM
    The USCIS is required by regulations to issue a temporary EAD if they cannot process extension in 90 days. They, however, do not issue temporary EAD anymore in violation of the regulations. So if more than 90 days passed and you are still waiting, take an infopass and request IO to call service center where EAD is pending and request to follow procedures outlined in the USCIS memo
    http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf
    (print the memo and take with you). Do not leave until they do that, request to talk to supervisor if IO refuses.

    Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks:
    • CLAIMS Verification
    o Underlying application remains pending
    o Determine if RFE has been issued, thus tolling the 90-day adjudicative requirement
    o Form I-765 remains unadjudicated
    o Biometrics have been captured—if not, refer to ASC
    • Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim
    • Provide Notice to applicant acknowledging status inquiry.

    Even if EAD expired, you can continue working up to 180 days and be covered by INA 245(k) (i.e. your GC is not affected). Employer may be sanctioned, however. Employer may ask you to take an unpaid leave also.





    sledge_hammer
    02-23 07:45 AM
    I have to agree with you on this. Its not like Bollywood did not make movies before Danny Boyle made one about slums and poverty in India. There were so many good movies made by Indians with not a single white or foreign contribution, but never even released outside of India. It took a white man to come and show the world the poverty stricken children of India that the world stood up and took notice.

    My hope is that things will change now. Just as the world has realized the technical talent Indians have in IT and Business, my hope is that they realize that we have others talents too!

    All said, congratulations to ARR and Pooktty. I hope Danny Boyle really keeps up his word to those kids to help in thier education.

    I just dont get it. A.R Rehman has been doing amazing work for ages now and it needed a British movie to take him to the world stage. Really, his work in Dil Se...was way better than what he did in Slumdog.

    Bollywood sucks and how!!! They need to figure out how they can take their cinema to the world audience. They've been failing miserably in promoting their movies in the west. Americans welcome change and encourage talent always and our bollywood producers/directors need to tap that.





    chanduv23
    10-12 12:06 PM
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