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  • sbindval
    07-06 11:31 AM
    As the saying goes..."Justice delayed is Justice Denied"

    Considering our opportunity cost, many of us may be better off packing our bags and heading back - this may have an impact on the feds, the companies and people at large who think that WE are a burden on the society. All these artificial barriers and hurdles are a reflection of this.
    Its quite apparent that there is no end game in sight, there is no motive here(ref to subash and gandhi message by asharda), no end game...it can only get worse. The Feds have succeed in Scr....wing US.

    bottom line - Do we really add value to the society here?
    convince the people and this will be the ONLY solution to our problems.


    My brothers in blood, please calm down� Mahatma Gandhi had his own way of fighting for freedom and so did Subhash Chandra Bose. They must have agreed and disagreed with each other on many things. But at the end of day, their motive was the same �Justice and Freedom�.

    We might have our differences, our opinions and ways of doing things, but we need to understand that our motive is the same. We should stop bickering with each other and concentrate on the main goal. We should keep encouraging our members to join hands and unite and fight for the cause.

    Though you might not agree with each other, you still need to see how severely the issue must have affected the other person which is why they are here and ready to fight.

    Please pull your swords to fight the injustice rather than fight with each other.

    PEACE!




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  • tinamatthew
    07-21 04:20 PM
    Are there any Schedule A professionals who are filing this July?

    Any ideas/news you can share?

    Any ideas for those stuck in 40 days employer posting requirements, that will end sometime in August.

    Any input will be greatly appreciated.

    Thank you




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  • desi3933
    12-21 04:39 PM
    desi3933,

    Most likely your employer needed to file a new labor as well when your profile changed, right?

    Thanks


    Yes. That is correct.

    New I-140 can only be filed with new labor.




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  • ksrk
    09-10 05:57 PM
    Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.

    I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.

    Hi Sachug22,
    I think the calculation is made this way...
    Total EB2 numbers = 28.6% of total number = 40040 (for all countries)
    Available each quarter = 10010
    However, per country allocation can't exceed 7% (of total number allowed per quarter, not of the 28.6%) - limits to 2450 <-- each for India and China.

    Applying 7% of 28.6% of one quarter of 140000 (as you did) is severely restrictive (not that 2450 is a great number per quarter for the first and second quaters of the fiscal year).
    Either way, your point might still hold that there are enough folks waiting (with PD prior to April '03) to account for these in October '08.

    [In the hope that some analysis like this might release the pressure set upon by the latest announcement...]



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  • manderson
    01-07 03:00 PM
    My wife is still waiting for the AP. The receipt notice gives August 6 as the receipt date. She called USCIS last Tuesday and was told that USCIS is running really slow and is taking 180 days to process APs. The lady she spoke to asked my wife to call back after "it is 180 days past her notice date". Her 180 days will complete on February 6. We have postponed out travel plans several times.


    is this NSC or TSC?




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  • desigirl
    05-06 08:00 AM
    I have asked a few of my friends to call the list too. And I did another round of calling Tier 1 republicans only. It was pretty much the same response as the last time. I think that is their standard way of answering, - to sit on the fence.

    Unless these issues are being discussed and called to vote, they will pander to whoever is talking. But, I think we still need to put continued pressure on them, hence the friends :)



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  • jcrajput
    09-11 03:49 PM
    I don't understand how they calculate PD dates?
    Can anyone help me here please?
    Thanks




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  • hourglass
    03-01 05:30 PM
    I don't think there was a Conf Call in '07. Does anyone know when the next call is scheduled?

    Does anyone communicate with the "Core Team" and get updates ? Could somebody explain how IV works?


    murthy,

    great effort, when is the next conf call for socal chapter



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  • tinamatthew
    07-20 12:47 PM
    Please look at the discussion topic and then post you comments. :mad: :mad:

    Sorry ... but please do you have an answer




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  • Administrator2
    05-02 09:27 AM
    Here is the information sent to IV by Research Program Manager at NEU

    Thank you for sending excellent compilation of information on this subject. It is very helpful to understand the background of this issue.

    --------------------------------------------------------------------

    When Congress passed the Economic Stimulus Act in January, anti-immigrant pressure groups, such as FAIR, cried foul. FAIR claimed that the Act would put funds into the hands of illegal immigrants. They therefore petitioned for an amendment that would exclude taxpayers who file with an ITIN, which according to FAIR included many illegal immigrants (sic).

    http://www.fairus.org/site/PageServer?pagename=research_mar08nl01?&printer_friendly=1

    After FAIR�s concerns were aired in the US media, the Senate amended the Act to require valid Social Security numbers on all tax returns qualifying for the stimulus payment. Families who file jointly are excluded from ANY payment if one of the taxpayers on the form filed with an ITIN. As a result, thousands of Military families and an even larger number of legal US residents will receive no stimulus payment. Consider a report in a military newspaper about a family of five stationed overseas. The father is a foreign citizen who filed a joint return using an ITIN. Now the entire family will not receive the stimulus check, even though the mother (a US soldier) and her three children are US citizens.

    http://www.military.com/news/article/itin-ineligible-for-special-rebate.html

    In Japan, thousands of military families face the same situation.

    http://www.armytimes.com/news/2008/04/army_rebate_041408w/

    The solution, according to some, is to amend the tax return and file separately. However, by excluding the ITIN holders from the tax return, the head of household must forgo claiming them as dependents. The end result has little or no benefit in most cases because to receive the stimulus payment, the taxpayer must agree to pay more in taxes.

    Foreign born workers who live in the US are also affected. Many have lived in the US for years and have been dutifully paying taxes and contributing to the US economy. However, a large number have family members who do not have Visas that permit them to work (Laws that prevent dependents of immigrants from working in the US already places these families at an economic disadvantage). As a result, they are not eligible for a SSN and must file their tax returns using ITIN numbers. Even though these families are faced with the same challenges as their American born neighbors, they will receive no tax relief because of the ITIN exclusion.

    The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:

    20 C.F.R. � 422.104(a)(3)

    (i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;

    http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm

    The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�

    Here are some links to documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit.

    Lawmakers

    Nancy Pelosi, Speaker of the House

    �Residents of the U.S. territories will also receive the benefit.�

    Johnny Isakson, United States Senator from Georgia

    The benefit would phase out for single people earning more than $75,000 a year and married couples earning more than $150,000.

    Johnson (GA04) | Press Release | Rep. Johnson Votes to Stimulate Economy

    Americans who earned at least $3,000 in 2007 will receive the benefit, including Social Security recipients and 250,000 disabled veterans. Higher income taxpayers are not eligible and the relief phases out above incomes of $75,000 for a single earner and $150,000 for married couples.

    Senator Robert Menendez | Newsroom

    �Today's event is a chance to spread the word so that everyone is aware of the steps they need to take to receive this benefit.�

    News | Senator Pete V. Domenici

    This benefit would help an estimated 20 million seniors and 250,000 disabled veterans.

    EconomicStimulus2008

    The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.

    Senate Finance Committee

    020808 Econ Stim Staff Summary.pdf (application/pdf Object)

    The amount of the credit is phased out at a rate of 5% of adjusted gross income beginning at $75,000 ($150,000 in the case of joint returns). Residents of the U.S. possessions will also receive the benefit�

    The law also clearly states that qualified recipients of this benefit must have social security numbers to receive these funds. No other identification number is considered permissible. SEC. 6428 (h) (2) �Identification Number Requirement� states, �For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.�

    According to SSA document 20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a �valid non-work purpose� results when the �law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement.�

    The means-testing provision of H.R. 5140, the Economic Stimulus Act of 2008 is stated in SEC. 6428 (d) Limitation Based on Adjusted Gross Income.

    The federal government has also defined H.R. 5140 as a form of financial relief to persons who fall within certain income categories. According to a Whitehouse publication explaining the means-testing provision of H.R. 5140, �This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return.� [Fact Sheet: Bipartisan Growth Package Will Help Protect Our Nation's Economic Health, Office of the Press Secretary, February 13, 2008, whitehouse.gov].

    Lawmakers included the identification requirements to HR.5140 under the belief that all legal residents of the United States will hold Social Security numbers. Therefore, it is incumbent upon the Commissioner of Social Security to �take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers� [Section 205(c)(2)(B)(i)] and that all qualified individuals receive �financial relief� under H.R. 5140 according to the stated will and intention of the United States Congress and Senate (as described in the links above).



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  • tnite
    02-08 11:15 AM
    A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.

    If the person is on H1b, then he/she can travel without AP as long as they have an unexpired H1B visa and carry with them the I1485 receipt.
    AP has nothing to do with your AOS processing. AP like EAD is for our convenience and has no bearing on the AOS process.
    The only time it has is if someone uses the EAD /AP , then they are no longer on H1B.
    As far as leaving the country without AP and then getting it mailed , there are mixed opinions (not facts). Some think it will come back to haunt you later and others think it is of no consequence.

    I personally had a family member do this back in Oct but will keep this board updated if and when they have an issue.
    This is just my opinion and take it with a grain of salt.




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  • needhelp!
    09-13 03:46 PM
    This will be great for the rally if everyone sends their personal stories in and why they are going.

    Thanks Pappu



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  • Sakthisagar
    08-23 09:21 AM
    I wonder why can't this fools have another memo to re-capture visas for EB category. this is absolutely Might is right.. idiots. some useless idiots are there in top of USCIS they might be schools drop outs who does not think and have political support.

    Only for re-capture why these **** heads needs legislaltion???




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  • beppenyc
    03-16 10:51 AM
    http://www.azcentral.com/news/articles/0316Immigration16-ON.html

    Senators debate immigrant worker measure

    Associated Press
    Mar. 16, 2006 09:35 AM


    WASHINGTON - Senators writing a major immigration law overhaul bill moved Thursday toward accepting an approach under which undocumented immigrants could stay in the United States while working toward permanent residence and eventual citizenship.

    Sen. Edward Kennedy, D-Mass., stressed that his plan moving through the Senate Judiciary Committee would not constitute an amnesty, a policy rejected by the Bush administration and most Americans, according to polls. Kennedy said it would not give the estimated 11 million people in the country illegally any advantage over the 3 million living overseas while waiting for a decision on green card applications.

    Committee Chairman Arlen Specter said the panel would consider the proposal put forward by Kennedy and Sen. John McCain, R-Ariz., when it reconvenes on March 27 after a weeklong recess. advertisement




    Senate Majority Leader Bill Frist, R-Tenn., has made clear that immigration reform will be on the chamber's floor that week, regardless of whether the Judiciary Committee comes up with a comprehensive bill.

    Congress, at the urging of President Bush, has made comprehensive immigration reform a top priority for this election-year session, pushing forward proposals combining immigration enforcement, a guest worker program and a policy toward people living in the country illegally.

    The future treatment of undocumented immigrants, Kennedy said, "really is the heart and soul of this whole undertaking."

    The McCain-Kennedy plan would allow those in the country illegally to obtain six-year nonimmigrant visas under which they could work in the country and travel outside the country. They would have to pay a $1,000 fine and undergo background checks.

    After six years, the immigrant who pays back taxes, is learning English and pays an additional $1,000 fine can apply for a green card, or permanent residency.

    Specter, R-Pa., said the committee would vote on a version of the McCain-Kennedy proposal on the 27th. There would also be a vote on the chief alternative, offered by Sens. John Cornyn, R-Texas, and Jon Kyl, R-Ariz., that would give undocumented immigrants up to five years to leave the country. These immigrants could apply from their home country to return, either as temporary workers or for permanent residency.

    "Our intention is not to strand anyone outside the country," Kyl said. But he said that the McCain-Kennedy plan would give an undocumented immigrant allowed to stay and work in the country a "huge advantage" over a person having to wait for years in his or her own country for a green card.

    But with Democrats, and several Republicans, on the committee behind McCain-Kennedy, it appeared to have the edge.

    Cornyn and Kennedy said they would work over the recess next week on the structure of a guest worker program, which would start out with 400,000 visas. The committee is also expected to take up a separate provision for temporary agriculture workers in preparation for debate on the floor.

    Senators from both parties in the committee on Wednesday objected to voting on a bill before the panel reaches a consensus on guest workers. Several Republicans suggested that the Senate first deal with enforcement, and take up the guest worker issue later in the year.

    "This is a very complicated bill," Specter said. "And I think we have to get it done right."

    Bush, in a State of the Union address two years ago, urged Congress to create a worker program under which participants could gain legal status for a specific time and then be required to return home. It would not provide an automatic path to citizenship.

    The House at the end of last year passed a bill that increases penalties for illegal immigration activities and requires employers to verify the legal status of their employees. But it did not address the guest worker issue, and critics argued that it was futile to try to close the border when demand for low-wage workers in this country remains so strong.

    "We have a broken system," White House press secretary Scott McClellan said Wednesday. "It needs to be fixed and it needs to be addressed in a comprehensive way."



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  • zoozee
    07-21 12:25 PM
    Grim EAD situtation , Oh my god!
    Guys,
    The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!

    Hello,

    A kind request - can someone remove this kinda thread with heavy calculation from our senior member - Sorry to say but this is definitely not a good time to start this kinda discussion especially that we are filling our docs and where so many of us are stuck in our employers dealing with us who has not filled our EAD/AP.

    Please remove this thread .

    Regards,
    Zee.


    A Total I-485 Applicants: 750000 Applicants
    B Each EAD processing time: 5 Minutes
    C Total processing hrs: 62500 Hours
    (Calculations: AxB/60)
    D Daily productive Hours: 5 Hours
    (It is a government body!)
    E Total Man Days (Business Days): 12500 Man Days
    (Calculations: C/D)
    F EAD Workforce: 30 People
    G Total Business Days: 417 Days
    (Calculations: E/F)
    H Average Business Days in a month: 21 Days
    I Total Clearing Time : 20 Months
    (Calculations: G/I)




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  • vandanaverdia
    09-10 12:47 PM
    I was able to convince a friend, who has been a green card holder for the past 5-6 years & never suffered the green card retrogression, to support us & contribute to our cause. Made a one time payment of 100$ through paypal.

    Very thankful to my friend for having understood our problems & supporting without a flinch!!!!

    I am sure we have many such friends & I am sure we can take some time to convince them to support our cause...

    GO IV!!!!



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  • EternityInLimbo
    05-02 10:43 PM
    PD - Nov 2001, regular, EB2 - No 45 day letter yet - How about that ?

    PD Sept 2001, RIR EB2 (completed MD SWA Nov 2003 before going BEC), response confirmation filed Jan 2005, no further word... Just got my 10th-year H-1B extension approved.

    How's this for a sad, twisted case of one-upmanship!
    Almost glad for the company, but at the same time really sorry for it.

    I mentioned this in another thread, but I heard from my law firm that the Philly BEC was prioritizing resource allocation to entering cases into their system, rather than in reviewing (and approving) the cases...




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  • coolngood4u80
    08-12 12:54 PM
    Just looking at the employment based inventory statistics, if every applicant were charged $2000 for visa recapture, it is close to $400M for uncle sam. All EB backlogs would be eliminated, new immigrants would continue contributing to Social security, pay taxes, buy new homes, invest etc... Cant they see the potential upside to this?
    Well said ..I totally agree with you....they would get their $400 million instantly..




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  • StarSun
    04-29 05:41 PM
    You can find the list of all US Senators currently serving listed alphabetically along with phone numbers U.S. Senate: Senators Home (http://www.senate.gov/general/contact_information/senators_cfm.cfm)

    class - Article I, section 3 of the Constitution requires the Senate to be divided into three classes for purposes of elections. Senators are elected to six-year terms, and every two years the members of one class�approximately one-third of the Senators�face election or reelection. Terms for Senators in Class I expire in 2013, Class II in 2015, and Class III in 2011.

    Lets get this moving!!!




    makemygc
    07-06 05:39 PM
    I dont see anything about the law suit on OH site.

    Clear you cache by hitting CTRL + F5




    sledge_hammer
    04-17 10:21 AM
    EAD is not a visa status. It is an employment authorization document. Of course they will not accept it in lieu of H-1B.

    What you need to do is show them the receipt of your I-485 application with the A#.

    In my case too he asked me if I was on EAD and I said yes. He said that I should then give him a copy of I-485 receipt. However, since I also maintain H-1B visa, I just gave him that.

    HSBC denied my refinance application because of EAD status. They said EAD is not one of the statuses they accept. They needed either H1B or GC status. I lost my $325 rate locking fee, not sure what else my real estate attorney is going to charge me because of this denial. I am in the process of talking to other banks.

    Hope this helps someone not to loose money.



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