Saturday, June 25, 2011

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  • shankar_thanu
    07-17 02:15 PM
    I understand DREAM act is not related to EB issues. What I meant was, just like how DREAM act is being added to an unrelated bill, we should work on adding things like 'unlimited STEM visas' and 'recapture unused numbers' to other bills and get them passed.


    IV core will need lot of support to do accomplish this, hope at least some of the folks who got into IV because of the july fiasco contribute funds.




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  • meghanap2000
    10-30 05:18 PM
    I can unload a whole dictionary of the choicest words on you, however my advice to you is to open another thread where I am sure you will get your question answered.

    then in the first ..why did not you put your reply to the question asked. what is the need tofor you to be sarcastic..gootle....
    Looks like you dont ahve any business other than commenting others...




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  • darslee
    07-14 07:58 PM
    Some of us can do more than one thing at a time...:)




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  • desi485
    02-13 03:10 PM
    Hello:

    I am working on EAD for company B. Company B filed H1 transfer for me before May 2007. I heard that You can transfer you H1 and EAD both with new company but I did not aware about this rule, I started working on EAD. Is it possible to go back on H1 which company B filed? I have not yet used AP for travelling abroad.

    Regards,

    AFAIK, once you work on EAD, you can not be back on H1B. Please check this with your lawyer.

    However what I do not know, and what my lawyer also could not answer till this point is, if after travelling abroad using AP, can one transfer same H1 to a new employer? I know it is possible to continue working on H1 with the same employer. But what if one need H1 transfer?



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  • gc_lover
    07-19 07:59 AM
    Q-1 (07//19/2007): I filed I-485 application on July 2, 2007, but have yet to receive either rejection or receipt notice. Will this application be fee'd in under the reversal of the USCIS decision?

    A-1: The DOS withdrew any changes to the original July VB and assumedly visa number is current in July 2007 for any categories other than "other worker." Accordingly, the 485 application which you submitted on July 2 cannot be rejected by the USCIS at this point. The USCIS is likely to fee in your application and soon issue the Receipt Notice.




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  • addsf345
    11-07 04:47 PM
    I am bumping this old thread since I might have missed something in this discussion.

    Some advantages of staying on H1 stated earlier were:



    For me:
    (2) is invalid (Already married, wife on independent visa)
    (3) don't know (Heard it's more flexible now, so willing to take this risk)
    (4) USICS started issuing 2 year EAD, so the difference is only 1 year additional extension with H1 (Not a problem for me personally)
    (5) is invalid (Most of us renew EADs even if we dont use them)

    which brings me to (1). How does having H1 give peace of mind? Hypothetically, if 485 is denied and H1 was extended beyond 6 years based on a pending AOS, is it still valid during MTR/Appeal? If it is, since EAD doesn't provide this privelege, I think this is the only reason why people should stay on H1?

    Thanks!

    NO point#1 is not true. in fact it is biggest misconception - I remember reading some where that if you have consumed all your 6 years on H1, your extension of H1B beyond 6 years is only based on pending AOS. So in this case, if your 485 is rejected, also your H1B. If you continue to work on H1B even after this, it is illegal.

    (This is what I believe & I may be wrong. I am not lawyer, this is not legal advice & check with your attorney first before deciding anything)



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  • santb1975
    05-23 10:19 PM
    congresswoman Lucille Roybal-Allard from the list as she is now the co sponsor of all three bills


    what was the decision though?




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  • CADude
    11-17 05:33 PM
    NC process usually start 1 or 2 weeks after Notice date(this you will get in Receipt Notice). So it's more than 4 years. Wow it's bad.

    I filed 485 in Sep 2003.
    First Finger Print is done in Aug 2004.
    Second Finger Print is done in April 2007.
    Took Infopass on Sep 11th 2007 and I was told by Officer that everything looks good but still pending and asked me to check after 2 months.
    Took Infopass again on Nov 13th 2007 and came to know that FBI Name Check is Pending on my and my wife's cases.

    How do I know how long FBI Name Check is Pending on my case ?



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  • dbcd
    05-24 01:44 AM
    I'm sure there are some intelligent and caring lawmakers somewhere who listen to legal immigrants' plight. They don't seem to be in enough or meaningful numbers. Most are interested in either keeping their seats or serving a subsection of their community.

    Again, I believe they are moved mostly by lobbyists and other power groups. I don't yet fully understand how much power IV can wield, but IV could be one such group.

    Lawmakers care about high-skilled immigrants only because people like B. Gates, Compete America and such keep lobbying any and all the time.

    BTW, I'm not at all short-sighted about this. I'm just more realistic about how things happen in Washington. Need proof: For example, look at the staffers on McCain's campaign. Most are lobbyists. Understanding how democracy works in America and commenting about it is what the real big picture is.

    DBCD

    Calling does help in many ways. People have to think positive rather than berating an effort.

    Based on the original post, I infer that lawmakers won't care if they receive calls from LEGAL Aliens. If that is the logic then why do you think that lawmakers will work on "immigration" bills. After all the "immigration" bills only benefit folks who don't vote immediately. But one of lawmakers duty is to build the next generation America, and "immigration" bills benefit next generation America. People got to understand this fundamental difference and stop being pessimistic about IV efforts.

    Directly talking to lawmakers office (through phone or in person) is far more effective than Web faxes and digital signatures.

    I just cannot understand how high-skilled folks can be so short sighted, Look at the big picture.




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  • 12samanta
    06-06 04:18 PM
    I called all of them yesterday.



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  • sledge_hammer
    01-31 09:46 AM
    - from immigration-law.com

    After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
    The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.


    1. I was wondering how this rule would affect people like me. My labor has been approved and its been about 50 days. I will be applying for I-140 this week. Will this 45-day rule affect me?

    2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.




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  • snathan
    01-17 04:59 PM
    Hi Guys,

    Please join the donor forum. We got some direction and plan how to go about this. We can not post the message in the open forum. We need trusted volunteer to work on this. Please send me your phone number and contact details in pvt message. pls check the donor forum for updates.



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  • ilikekilo
    05-04 09:52 PM
    Does any one know about any existing law (that has been passed as part of a bill or whatever) that offers whistleblower protection for non immigrant visa workers (H1b. L1 etc)?




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  • desi3933
    01-22 10:30 AM
    They can challenge the legality of the memo. You do not need employer for that.

    on what legal grounds, may I ask?


    _________________
    Not a legal advice.



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  • new2gc
    09-17 10:35 AM
    I don't see the schedule for HR 5882 on their website.

    Can someone please confirm if this is going to be held today?




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  • vivekm1309
    09-25 07:24 AM
    Hi Guys

    I have been on IV for last 3 yrs almost & I recall my days when only way to get help on immigration was talking to the lawyers. Since I joined IV this thing defintely changed...& I feel that I am attached to a community trying to achieve a common goal and common good. IV has done a splendid job in getting the community united at the grassroots ....even some of initiators of the group have got their GCs, I still see them involved, which is a great thing. Why blame IV for the legislation failures? Blame congress for it & even 75% of Americans feel Congress is not doing their job.

    Nothing is perfect in life, in market place & in the world. Also sense of purpose of service may differ for everyone & at different times. I treat myself as a consumer of services provided by IV & I have rated the services I get from IV at www.IDNTITI.com (Immigration Voice is getting a score of 8.7/10 for the services I get from it) I invite everyone to come and rate Immigration voice.

    Now a brief on IDNTITI.com, We are positioned as an �Identity & Reputation management� company. You can voice your impressions on People & Companies to begin with through an innovative rating system in the marketplace � which is based on user-generated parameters/attributes and on web 2.0 principles.

    We went into private-beta 10 days ago and I wish to invite you all to join www.idntiti.com and provide your valuable inputs & feedback. We are in private-beta so use the code PRIVATE (all CAPS) to register. There are currently some 80 odd companies, colleges or schools that are rated by initial users, so you can see the basic analytics piece as well. We are a fully user generated content site, so you might not see much data at this time, but nevertheless see enough data to understand the product.

    The following steps will help you navigate the site easily:

    Invite your community to provide feedback about you.
    Search for people you know, if they are not there, you can create and rate them
    Search for Schools, Colleges or Companies you know, if you don�t find them, you can create and rate them.
    If you don�t find parameters you wish to rate an entity on, please create the parameter and rate the entity on it.
    Connect with your community members and see their activity
    As you contribute your feedback, the entity�s reputation is built and the site provides rich demographically distilled analytics back to users that can help them in researching and making their decisions easily.

    For �people rating�, we are complementary to the Credit Score concept. Our identity is based on our community perception about us, similar to the fact that our credit score is based on our financial habits & capabilities.

    Lastly we are listed as a group on Facebook, Linkedin and Googlegroups as IDNTITI, incase you want to join and have a focused discussion with our community members there.



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  • saiimmi
    12-12 09:36 PM
    Paid membership will not benefit the cause of IV at all. IV is a volunteer organization and paid membership will not do any good. Better approach is to raise awareness and tread a fine balance in asking for contributions.

    Look at NPR. (National Public Radio) It is a public radio service and it's expenses are mostly footed by volunteer members like those who contribute for IV today. I think the key is raising the awareness and realizing that results take time.




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  • HopeSprings
    07-17 12:47 AM
    some sort of recapture is better than none !!! we should try to have some relief for EB but let us not stand in the way of FB ..the reason is simple, unused FB visas overflow in to EB (if I am not mistaken) ...In fact that is one of the reason that EB2 India did not move much this year since they are more efficient with FB visa this year (see the pace at which it is moving this year as opposed to last year) so better to wait and watch.
    (my post is in response to h1tech's post on the first page)

    Recapturing unused EB visas and allocating them to FB is absolutely not a good idea for EB category people. If such a thing happens then there will be no unused visa to be recaptured for EB.




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  • ss_col
    06-16 01:18 PM
    Called all.




    cpolisetti
    04-18 12:13 PM
    Good idea. I start with my contribution of 25 dollars(sending check today through Bill pay) in addition to 150 that I have made before.

    PS: Wish I could contribute more.

    How about this - let us have a couple of volunteers call/email people asking for $25 contribution. If we can get 1/2 of 3000 people contributing $25 each, we will get to about 120K. I am ready to take initiative in this - core group, can I get this initiative going?




    gkebiz
    01-14 05:41 PM
    DEAR ALL,
    I was invited to post directly to the President-elect on his site change-gov and you can see my post here...
    http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004s1h&srPos=0&srKp=087

    I request you publicize this as much as possible through your FORUM and ask them to VOTE UP on this issue on the Presidents site so that this is taken as a charter and presented to the President.

    The complete text of the article under the TITLE: IMMIGRATION REFORM ALLOWING H4 VISA SPOUSE TO WORK is posted below for your immediate reference:

    "The time to fix our broken immigration system is now� We need stronger enforcement on the border and at the workplace� But for reform to work, we also must respond to what pulls people to America� Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs, we should." -- Barack Obama, Statement on U.S. Senate Floor, May 23, 2007

    Well said Sir, and now as President-elect, we hope to see some action on above.

    This issue I bring to your attention may seem trivial, but throws light on darker side of the life of dependent H4 visa holders, who are mostly women. And since you endorse women empowerment, I believe you will give a serious look at this idea.

    Theres a strong lobby support for increasing H-1B visa cap to address the shortage of skilled workers. Theres also a strong lobby opposing it. This idea will satisfy both the lobbies. A very simple way to literally double the number of already available skilled workers in the USA without having to increase the visa cap. Allow me to explain....

    Currently the spouse of H-1B holders, the H4 visa holders are not allowed to work. Most of these H4 Visa holders are qualified, skilled and experienced. In one stroke of the pen, by amending this tiny rule allowing H4 visa holders to work, you will facilitate thousands, if not millions of already legal & available skilled workers in the US, to work. Please note that spouse on L2 Spouse/Dependent visas for L1 visa holders (intra company transferee's), ARE allowed to work through an amendment in 2001. And this can be used as a precedent. Even J and E Visa spouses (J2, E2) are allowed to work.

    Good For the Economy: While its now a norm to have a dual-income family where the husband and wife both work, its become all the more necessary for a family to just survive through these unprecedented economic times. H1-B visa workers typically stay on for at least 3 years continuously if not extend it for the next available 3 years. All this while, the poor H1B and his family have to get along with just one income. Moreover, the law also forces the skilled and experienced spouse on H4 to idle at home. This I believe is a loss of national productivity. Your statistics will prove how many H-4's are currently idling away in the US.

    Good for the Community & Social standing of Women:
    To keep the family together, H1 visa holders bring in their spouse on H4 visa. And then, they get locked in the house. Ninety percent of H4 visa holders are women. Women being, more susceptible to domestic violence by the partner, becomes even more prone to violence due to her complete dependence on the spouse. They become prisoners in USA due to spousal abuse and immigration policies that give their husbands complete control over their lives. Yes, the immigration system is broken. The immigrant women get protection under VAWA but non-immigrants are not covered. Even if a law to let the non-immigrant battered women to obtain work permit is introduced, it might not protect women whose cases are dismissed as non-critical. The abuser can further exert his control over the victim and convince her that he has changed so that the victim might not press charges. Thus the abuser gets encouraged to continue violence. Divorce is not an option because most non-immigrants come from third world countries where a divorced women has to bear the social stigma of divorce and will not be protected in her own home country. Because of the long queues for Labor certification application and retrogression of visa numbers, getting an EAD and Green Card takes longer.

    Way Forward:

    You plan to legalize people living illegally in USA (and working illegally), you plan to give them a low skilled requirement job visa, similar to the H-1B or L-1, only that skills required are low, and you will let their spouses work too. This will mean that the only resident visa holder NOT AUTHORIZED TO WORK will be the H-4 visa holders.

    As a tech-savvy President, you may also want to browse this issue on Google groups and hear the voices of depressed, frustrated and more often abused women, here... Oops. I am unable to provide you the link as it appears to violate the change.gov comment policy (?). The group title is misc.immigration.usa and title is Why USA should issue the dependant visa holders work-authorization? Theres another forum under immigrationvoice.org you may wish to look up. Thanks.

    When people who have come to the US illegally will be able to work legally � the poor H4 souls (mostly skilled women) who have come legally and followed all the rules should be given a fair chance to contribute to the economy and better their quality of life. By a simple amendment, allowing the H4 visa holders to work, you will make a brilliant move, without upsetting those who oppose the move to INCREASE the current H1B cap. Please think about it. May God Bless America!



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