Monday, July 4, 2011

Call Of The Wild

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  • gcspace
    10-12 03:27 PM
    My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.

    Please don't miss this chance:
    Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless. Not for today nor for future.

    USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D

    Can you please give some details on sending delivery notices to CIS Ombudsman office. Address ? Fax ?




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  • ilwaiting
    10-05 01:04 PM
    If Reps win CIR might not pass at all. Since border Fence bill is passed now it shows Reps want a border security only bill. Remember Senate was opposing to a border security bill First? What happened now. America raised voice about it. And congress reacted by passing it.

    If Dems win we stand a chance that CIR would be debated. Few legals provisions would squeezed into this CIR bill(which is maily for undocumented and ag worker). However its important that Dems take control of both senate and house.

    Ont he flip side if Reps will, atleast there is a possiblity that SKIL bill might pass. that would help us.




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  • akhilmahajan
    02-10 10:50 PM
    Bump.........




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  • lost_in_migration
    05-01 04:36 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4

    PART 2 [CONTD.]

    (II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.



    (III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).


    (IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .


    (C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.

    (3) Skilled workers, professionals, and other workers.-

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

    (i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.

    (iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).

    (C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .

    (4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .

    (5) Employment creation. -


    (A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--


    (i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and

    (ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).


    (B) Set-aside for targeted employment areas.-

    (i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.


    (ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).


    (iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

    (C) Amount of capital required. -

    (i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.

    (ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).

    (iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -

    (I) is not a targeted employment area, and

    (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).

    (D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.


    (6) Special rules for "k" special immigrants. -

    (A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).

    (B) Counted against numerical limitations in following year.-

    (i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .

    (ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

    (iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]



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  • odf
    06-14 08:31 AM
    I am also on the same boat.Application filled on 5th June still no news,checks have not been cleared yet.

    My 485 applications reached NSC on June 4th, 2007. I have called my attorney. They haven't received anything so far. I need to wait for few more days./




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  • tikka
    07-05 11:27 AM
    this article

    http://digg.com/politics/Reversal_Fr...ard_Applicants



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  • willigetgc?
    02-25 01:25 PM
    Donated $50 via paypal
    Your transaction ID for this payment is: 0AD43776BW681541E.

    Will be donating 20,000 Delta skymiles as well coz will not be able to make it to DC (though I wish I could)

    have you sent pm to vin13? please make the task easier for the volunteers and pledge support in the right threads...
    participation in the advocacy thread
    contribution in the contribution thread
    airmiles, carpool and hosting in the airmiles, carpool and hosting thread.

    If you have already done so, many thanks.




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  • pointlesswait
    04-21 09:27 AM
    File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
    i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.

    is that a desi consultant!
    I think we need to create a site of all desi consultants and rate them.. discretely.;-)



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  • aa_ke_phas_gaya
    05-08 05:06 PM
    CIR is not going to happen, even if it happens there will be nothing for Employment Based Legal Immigration.
    Any large immigration overhaul is not going to work in current economic climate.
    And yes, you can not file a law suit for a law that we all were aware of while entering this country. No doubt those who are waiting for long time and are in the country for long time are in miserable condition but I don't think law suit is an option. But I certainly believe government is not aware of true picture of this situation.

    I would like to take initiative and present the situation to senate and president's office. However I don't want to do this without approval of senior IV members. This would help those who are in country for long time and have been waiting for long time.

    Senior members, please advise.




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  • vbkris77
    05-01 01:51 PM
    Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS a(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--

    (i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or

    (ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/

    t all.

    Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.

    However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.

    I am in the same boat, per INA, when your PD is current, you including your family will be able to file I485. What OP saying is that they should be counted against FB2. INA explicitly has that point.. With is we should be able to file I485 quick and primary gets GC quickly.


    (B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--

    (i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or

    (ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/



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  • zeta7
    03-23 11:54 AM
    I would advise not to go for your landing. At this point you need to make a decision whether you want to pursue canadian GC or US GC. If you have applied for 485 then it best that you not do the canadian landing. You may have issues when you come back to US. They may ask you why you went to canada and you cannot lie and have to tell them the truth. This may raise questions on your intent to pursue US GC. It all depends on your luck as to who you get the IO. I have heard of a case where a person got RFE on 485 after completing the landing.

    If you still want to do the landing then you should be prepared for RFE or NOID on your 485.

    Thanks dingudi. If you know of a solid case where someone was RFE'd because of landing while on 485, then it looks like I might seriously consider abandoning it as well.

    One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?

    Again, I appreciate your input immensely. Thanks!




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  • EB2_Jun03_dude
    11-28 07:49 PM
    PD: EB2 India - Jun03
    I140 approved: Nov 05
    I-485 applied: Jun 05
    FP1: Jul 05
    FP2: May 07
    AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.

    AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.

    This morning I received USCIS email alert for both my wife and I.

    My I-485 application got a RFE. "We mailed you a notice requesting additional evidence". Will have to wait for the formal letter for the details.

    My wife's I-485 application however was transferred to Newark NJ for interview. "This case has been sent for a standard interview."

    I have a ton of questions at this stage. here are few in you gurus can help me while I am waiting for the RFE letter.

    1) Will the RFE letter be mailed to me or my attorney ? what has been ur experience? do you get it in one week ?
    2) why USCIS has split the processing of my I-485 and my wife's I-485. Her I-485 is transfered to Newark, NJ while mine is pending at TSC (now waiting for RFE response).
    3) How much time will I have to respond to the RFE? Based on the new guidelines (http://www.murthy.com/news/n_timrfe.html) , I expect that to be stated in the RFE letter.

    thanks in advance.



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  • conundrum
    02-02 02:01 PM
    While I was in school I did hear about desi body shoppers, but never thought of using one. But it so happened, that I was offered a job with a company that makes defense stuff and they wanted to use my service since I had a specific set of skills. They couldn’t have anyone, other than a US citizen or PR, working on other premises as it was considered to be a secure zone. So these guys hired an office for me in the building next door to theirs and even lined up a desi consultant that the HR guys knew so that I could work for them as a consultant. I was working on my OPT initially and then got my H1 through the desi body shopper. As most desi body shoppers go, he started eating into what was paid for the hr that I put in. The company that wanted to hire me was even paying this desi guy to get my GC, but he made sure that he was doing it as slow as possible. Finally both the company and I got sick of the whole thing and I finally found a job where they were more than happy to sponsor my H1 and GC. The defense company that I worked for before at least until a couple of months back was checking up with me to find out if I had got the GC, I am sure now the situation would be different.

    The point I was trying to make was, no one wants to use a body shopper if possible, but at times you are forced into a situation where that is the only option available. I am not asking anyone to empathize with people who are working for a body shopper who is fleecing them, but at the very least don’t condemn them.


    You're kidding right? No one I know has ever used a body shopper. It is only on forums like these that I hear about people who got H1Bs through a body shopper and are now complaining they don't get paid and wondering if they are in status.




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  • ravi190372
    08-28 10:28 PM
    gc_on_demand , are you with a desi consulting firm or with a US software company



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  • TheOmbudsman
    10-25 07:25 PM
    That observation on the SKULL bill and masters degrees was raised by few concious and noble members of this forum before.

    Do you realize that in certain schools I know very well here, they don't even require you to take TOEFL or GRE/GMAT for grad school. Believe me, there are thousands of people in the world with $20K who would line up for such "graduate" schools and move here permanently. I am saying, any lobbying effort should be directed to tone down such bills, they are simply not very realistic at this point.

    If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.

    So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years




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  • gc28262
    03-07 01:54 PM
    I agree with UN's observations.
    Many of us in this group doesn't have the wisdom to understand this including me.

    However IV core should enlighten members so that they will stop going ahead with agendas that could be detrimental to our common goal. They should let at least the leaders of such efforts know why some of their ideas may be bad.



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  • GCStatus
    09-14 11:36 PM
    I totally agree with you! We should energize the local chapters and organize some happy hours and get the word out!

    I am willing to help out reach out members in my state/area. Please keep this thread going...great initiative!!

    Yes GTGC

    Like MadhuVJ and Man-woman-GC mentioned, we should start gathering personal details, Come up with any suggestions you may also have as well




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  • lp2007
    11-17 09:16 PM
    Email sent! Thanks for posting the link.




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  • softwareguy
    07-08 03:50 PM
    Do you really believe there are 700K "unique" cases pending.
    I think elimination of Labor Substitution would take out atleast half of 700 K pending labors..

    Making the total new cases definitely managable - "damn again I m thinking logically." :rolleyes:




    jonty_11
    05-23 01:22 PM
    Send emails..
    Cornyns' website just goes into a loop on that validation question...how do i get past that?




    Ahimsa
    10-25 01:13 PM
    ... Our stand alone SKULL bill - not sure whether that will be considered by Democrats. Democrats will probably address the Dream Act before they take over the SKULL bill...

    ... Yes, but the immigration hearings already happened. People already have a clear indication on what the public wants. Lou Dobbs is still out there reminding them...

    1. Why do you keep mentioning SKIL bill clearly as SKULL bill in all your posts?
    2. Did people clearly indicate they did not want reliefs for EB immigrants - did they accept Lou Dobbs' lies on H-1B such as "H-1Bs do not pay taxes, are cheap labor, are stealing american jobs"?



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