ck_b2001
08-23 03:46 PM
It is an irony that most people here who raised valid concerns have "red" reputation. I sort of agree that we should have posting guideline and if some body is contributing it does not give them right to bash others. All this extra push, inappropriate language and finger pointing is hurting IV in the long run. One reason of IV's popularity is xxxxx members (80 % free riders even if). I agree that this forum is also to discuss your immigration issues.
Here is what i suggest for moderators, IV Core, Administrators to enforce;
1) Guideline for posting messages, use of language on this forum
2) No personal attack in replies
3) Contribution messages restricted to moderators, administrators only
No body argues that IV is working for a great cause and i fully support IV and wish best of luck in its endeavors. I joined a month+ ago and may be with time i will be more convinced to fully participte in IV's agenda.
Here is what i suggest for moderators, IV Core, Administrators to enforce;
1) Guideline for posting messages, use of language on this forum
2) No personal attack in replies
3) Contribution messages restricted to moderators, administrators only
No body argues that IV is working for a great cause and i fully support IV and wish best of luck in its endeavors. I joined a month+ ago and may be with time i will be more convinced to fully participte in IV's agenda.
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zCool
01-03 07:10 PM
polygamy is not recognised under US immigration laws!
It's illegal to marry more than 1 person here..
It's illegal to marry more than 1 person here..
shivapb80
06-05 10:01 AM
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
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shantanup
11-19 05:51 PM
You are absolutely right that
getting a masters from the US does in no way prove that US needs us more than others (in light of EB law), or we are any smarter or more capable than people who did masters or even under grad from their home country..
My argument in favor of having a separate US Masters quota is that the universities will back it to increase their dwindling enrollment and to stop some programs from dying.
getting a masters from the US does in no way prove that US needs us more than others (in light of EB law), or we are any smarter or more capable than people who did masters or even under grad from their home country..
My argument in favor of having a separate US Masters quota is that the universities will back it to increase their dwindling enrollment and to stop some programs from dying.
more...
jthomas
04-20 01:33 PM
The person looking at this letter might spend like 10 to 15 seconds glancing at it.
So we need to include like a subject line that in one sentence or two captures the essence of our issue(s). Something like:
Subject: LEGAL Skilled Immigrants - Issues faced with Employment Based (EB) Green Card process.
I liked the above 2 letters. If some one can frame a good letter, we can all send the letter to the senators as well as white house. Also we can get our state chapters involved and post all the letters within 2 weeks.
Thanks for the initiative. mmj
So we need to include like a subject line that in one sentence or two captures the essence of our issue(s). Something like:
Subject: LEGAL Skilled Immigrants - Issues faced with Employment Based (EB) Green Card process.
I liked the above 2 letters. If some one can frame a good letter, we can all send the letter to the senators as well as white house. Also we can get our state chapters involved and post all the letters within 2 weeks.
Thanks for the initiative. mmj
coralfl
08-22 12:14 PM
Let us Focus on Rally/ Focus on Local Chapter/Focus raising money; if we want to see any change soon.
more...
gauravster
05-18 04:42 PM
getting a seperate quota for Masters from US has some teeth. The Congress passed a legislation for additional 20K visas for people with US masters. To match things up with the EB visas, there is need for additional numbers. We can thus argue for an there needs to be additional numbers for EB masters quota.
I think this might resonate with the congress. Unless everyone is just waiting for something big.
I think this might resonate with the congress. Unless everyone is just waiting for something big.
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boreal
08-11 10:18 PM
Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?
more...
Kitiara
02-11 08:59 AM
And I'll never forget it. ;)
That accounts for two of my votes, and a few others have said they voted for me, but I think there's one or two mystery votes. Same for everyone, really. :)
That accounts for two of my votes, and a few others have said they voted for me, but I think there's one or two mystery votes. Same for everyone, really. :)
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asdfred
04-14 03:03 PM
what is that single document that will define legal status of a person?
visa stamp is what ppl presume..is indicative of status..we all know that it is not.
I 94..to some extent unless you changed status to H1 from F1 and did not go for H1 stamping..then you have to show the I 797 approval form..now..where will this madness stop
now how can a cop understand and verify all of this crap..and anyway..they give out licenses to only legal residents.
visa stamp is what ppl presume..is indicative of status..we all know that it is not.
I 94..to some extent unless you changed status to H1 from F1 and did not go for H1 stamping..then you have to show the I 797 approval form..now..where will this madness stop
now how can a cop understand and verify all of this crap..and anyway..they give out licenses to only legal residents.
more...
sushilup
02-14 08:48 AM
I am also an NCS-CSC-NSC transfer. Got LUDs on 2/10 on my/my wife's application. I just got an email saying an RFE was sent just for my application.
Anyone else that got RFEs after getting LUDs at the beginning of Feb? What were the RFEs for?
-a
Did you change company? or filed AC-21.
My PD is also close to yours and transfer is TSC-CSC-NSC
I had LUD on 2/10....Lets hope for the best...I will keep you posted on my status
Anyone else that got RFEs after getting LUDs at the beginning of Feb? What were the RFEs for?
-a
Did you change company? or filed AC-21.
My PD is also close to yours and transfer is TSC-CSC-NSC
I had LUD on 2/10....Lets hope for the best...I will keep you posted on my status
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santb1975
01-11 11:22 AM
^^^
more...
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dhurinder
05-11 06:22 PM
- How has greencard changed your life after receiving it?
It was a relief. No change on the work or personal side of life. Still at the same job. It pays well (always has) and I like it.
- What did you do on the day you received it?
Called my wife (who was in India). Bought a bottle of 'Blue Label' and polished it off in one night. Skipped the next day at work b'cos of the hangover.
** For people who wonder what happens if your GC is approved when you are in India. My wife was in India when our GC was approved. I did not mail her the GC. She entered US using Advance Parole. At the POE, she was asked if she was aware that her GC was approved. She did say "yes" and she was welcomed into US without any hassles.
- How did the long wait upset your life?
The wait was long (PD : May 2002 , GC AD : June 2007). The initial stage (2002 to 2004) was carefree (not worried about GC. More focussed on establishing career). The middle stage (2005 to 2006) was painful. We were in the I485 stage for almost 3 years. Then the final stage (2006 onwards) was carefree again. We had given up on the GC process and had decided that it will come when it has to come. We even bought a house in 2006 and decided to live life as we always wanted to. And then suddenly the GC arrived in June 2007 (interestingly there was no email .. nor any LUDs).
The only frustrating thing in the I485 stage was the annual renewal for EAD, AP. Fortunately, my employer paid for all that (including spouse). But it was hassle to get the papers ready, fill in the forms, interact with the immigration department ..so on. This was a little irritating every year.
- How did immigrationvoice help you during this long wait?
The immigrationvoice leaders are very inspiring. It is very heartening to see everyone so excited and willing to stand up for a common cause. Of course, there are the occasional "wet towels" in the forums who want to see the negative in everything. But I have seen the IV leaders learn to ignore them.
- Would you like to continue your support to immigration voice and help others waiting?
Sure. We are hard pressed for time. But have contributed financially in the past (anonymously). We believe in doing a deed and not talking about it. (so please do not read more in the financial contribution part). We will continue to send in the few dollars as usual.
- Any advice for everyone?
It is very easy to say that do not let this process affect you. And we are not going to say it. It is like preaching to the choir.
All we can say is "Hang in there". Plan for your future. Have your goals and work towards them. And we hope GC is just one of them.
It was a relief. No change on the work or personal side of life. Still at the same job. It pays well (always has) and I like it.
- What did you do on the day you received it?
Called my wife (who was in India). Bought a bottle of 'Blue Label' and polished it off in one night. Skipped the next day at work b'cos of the hangover.
** For people who wonder what happens if your GC is approved when you are in India. My wife was in India when our GC was approved. I did not mail her the GC. She entered US using Advance Parole. At the POE, she was asked if she was aware that her GC was approved. She did say "yes" and she was welcomed into US without any hassles.
- How did the long wait upset your life?
The wait was long (PD : May 2002 , GC AD : June 2007). The initial stage (2002 to 2004) was carefree (not worried about GC. More focussed on establishing career). The middle stage (2005 to 2006) was painful. We were in the I485 stage for almost 3 years. Then the final stage (2006 onwards) was carefree again. We had given up on the GC process and had decided that it will come when it has to come. We even bought a house in 2006 and decided to live life as we always wanted to. And then suddenly the GC arrived in June 2007 (interestingly there was no email .. nor any LUDs).
The only frustrating thing in the I485 stage was the annual renewal for EAD, AP. Fortunately, my employer paid for all that (including spouse). But it was hassle to get the papers ready, fill in the forms, interact with the immigration department ..so on. This was a little irritating every year.
- How did immigrationvoice help you during this long wait?
The immigrationvoice leaders are very inspiring. It is very heartening to see everyone so excited and willing to stand up for a common cause. Of course, there are the occasional "wet towels" in the forums who want to see the negative in everything. But I have seen the IV leaders learn to ignore them.
- Would you like to continue your support to immigration voice and help others waiting?
Sure. We are hard pressed for time. But have contributed financially in the past (anonymously). We believe in doing a deed and not talking about it. (so please do not read more in the financial contribution part). We will continue to send in the few dollars as usual.
- Any advice for everyone?
It is very easy to say that do not let this process affect you. And we are not going to say it. It is like preaching to the choir.
All we can say is "Hang in there". Plan for your future. Have your goals and work towards them. And we hope GC is just one of them.
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java_jaggu
06-05 01:18 PM
What I don't understand is it's not mandatory to inform the USCIS about moving to a different job via AC-21. If you are not required to inform them, then where does the question of AC-21 approval arise ?
more...
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lazycis
01-26 07:13 PM
This type of clause is to protect employer for one year. Usually, it is not only trainig cost, it is business also.
You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?
I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.
Do you intend to break before 12 months?
I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.
If possible avoid troubles otherwise, you already have several suggestions.
That's a totally different story. It's normal to have non-compete clause and it is enforceable, but even non-compete clause will be hard to enforce if it sets unreasonable conditions (i.e. prohibits working for a client for more than 6 months). Also, if you sign a contract, it does not mean you are obligated to fulfill it. If contract violates US laws, it's null and void (i.e. you can sign a clause that you will be a slave for company's boss, but it does not mean company's boss can enforce it in court).
You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?
I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.
Do you intend to break before 12 months?
I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.
If possible avoid troubles otherwise, you already have several suggestions.
That's a totally different story. It's normal to have non-compete clause and it is enforceable, but even non-compete clause will be hard to enforce if it sets unreasonable conditions (i.e. prohibits working for a client for more than 6 months). Also, if you sign a contract, it does not mean you are obligated to fulfill it. If contract violates US laws, it's null and void (i.e. you can sign a clause that you will be a slave for company's boss, but it does not mean company's boss can enforce it in court).
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chanukya
06-03 05:39 PM
Let's make it to Rank 2 or 3 in Batlle Royale.
spread the word ....outside IV also....
spread the word ....outside IV also....
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meg_z
11-17 10:46 AM
I got a quote and passed the physicals, and only two months later was told the underwriter doubled the premium because I did not have green card.
could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.
infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.
- mortgage rates are one.
For mortgage, you have to shop around to find one that does not mind your non-immigrant status. I was able to get preapproved for a first time buyer loan with low rate. But I did not purchase the house. So I will not know if they would jack my rate up at closing because of my status as the insurance company did.
could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.
infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.
- mortgage rates are one.
For mortgage, you have to shop around to find one that does not mind your non-immigrant status. I was able to get preapproved for a first time buyer loan with low rate. But I did not purchase the house. So I will not know if they would jack my rate up at closing because of my status as the insurance company did.
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naveenarjun
07-17 10:58 AM
Yes you are right, there is bound to have EAD flood in market, with spouses of hi-tech worker will come to market to search hi-tech job with spouse phone support. I have seen such cases countless times in past few years and yes they will be in future without exception. However, matter of fact, these fresh EAD (previous H4) don't get the dream job in first attempt, it takes good 2 year to find a similar job that H1b hitech worker does.
But thats the realty of market, every year new jobs are added and every year new job seekers join the crowd.
On the otherside, a hitech worker is suppose to always learning something new and getting his/her position more stronger everyday, its a knowledge market, whoever knows more gets better $$. With my 7yr US exp and total 10 yrs CS exp I have no scare that any single fresh EAD will come close to me. A senior is always a senior no matter which field you talk.
Not all H4 are going to be in the hig-tech industry
But thats the realty of market, every year new jobs are added and every year new job seekers join the crowd.
On the otherside, a hitech worker is suppose to always learning something new and getting his/her position more stronger everyday, its a knowledge market, whoever knows more gets better $$. With my 7yr US exp and total 10 yrs CS exp I have no scare that any single fresh EAD will come close to me. A senior is always a senior no matter which field you talk.
Not all H4 are going to be in the hig-tech industry
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andy garcia
12-30 01:04 PM
Longq,
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
From November 2005 Visa Bulletin
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
* The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
* In recent years, the application of the rules outlined in AC21 has allowed countries such as China � mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
* During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
* To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
From November 2005 Visa Bulletin
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
* The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
* In recent years, the application of the rules outlined in AC21 has allowed countries such as China � mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
* During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
* To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
pooja_34
03-21 11:11 AM
Hi FinalGC,
I am in Ann Arbor, MI and would love to coordinate meeting with the lawmakers with you here in the Michigan area.
I am in Ann Arbor, MI and would love to coordinate meeting with the lawmakers with you here in the Michigan area.
msp1976
12-20 05:17 PM
Hello IV and its core members,
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
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