mshelat
05-14 08:36 AM
I just got off the phone with some lawyers on this. It looks like a strong case so far. They will be discussing it with their director and possibly getting some other law firms or organizations involved. That is all I can say for now. I will update you when I know more.
Good work Totoro. Keep it up. My interview got to a large number of newspapers.
Good work Totoro. Keep it up. My interview got to a large number of newspapers.
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PD073102VA
03-18 08:21 PM
After reading Section 406 (immigrant visas for advanced degree holders of STEM) of senator Frist's proposal, I have come to the following conclusion. Please feel free to disagree with me.
Visas for Advanced Degree Holders:
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
- MS and PhD holders in STEM can apply for I-140 & I-485 after three years of employment.
- They do not need to get labor certification and there is no country limit for this category.
- No need for employer sponsorship and no need to stick with the same employer after applying for I-140 & I-485.
- One can even apply for I-140 & I-485, get EAD and start working in a non-related field or open a non-tech related business.
This is my take on it. Opinions please!
Visas for Advanced Degree Holders:
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
- MS and PhD holders in STEM can apply for I-140 & I-485 after three years of employment.
- They do not need to get labor certification and there is no country limit for this category.
- No need for employer sponsorship and no need to stick with the same employer after applying for I-140 & I-485.
- One can even apply for I-140 & I-485, get EAD and start working in a non-related field or open a non-tech related business.
This is my take on it. Opinions please!
mrajatish
03-21 11:34 AM
Exactly my thoughts - we should try our level best to get one of these bills passed (Specter or Frist) with our clauses in it.
1. AC 21 clause reinstated or atleast have a fair distribution policy
2. I485 filing after a certain wait time.
If none of these bills pass this year, there is a chance we will be stuck for a long time in BEC/140 stage.
1. AC 21 clause reinstated or atleast have a fair distribution policy
2. I485 filing after a certain wait time.
If none of these bills pass this year, there is a chance we will be stuck for a long time in BEC/140 stage.
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godspeed
01-13 01:43 PM
inline
Couple of more questions regarding the dependant AP renewal:
1) Is it necessary to send the previous AP copy. The instructions of I-131 do not mention anything of sending previous copies. Dependent's AP is expired.
>>>Yes, if she has one, it'll help speed the process
2) And as my spouse is maintaining her own H1 and has renewed it last year, do we need to send a copy of recent I-797 also along with the supporting docs. I have written "H1/Pending AOS" in 'Class of Admission' question. So I am assuming I need to send a copy recent H1 also since in the instructions they ask for any current USCIS doc showing status.
>>>There cant be two class of admission, either she has used H1B or AP to get in to the country previously but not both.
Thanks in advance
Couple of more questions regarding the dependant AP renewal:
1) Is it necessary to send the previous AP copy. The instructions of I-131 do not mention anything of sending previous copies. Dependent's AP is expired.
>>>Yes, if she has one, it'll help speed the process
2) And as my spouse is maintaining her own H1 and has renewed it last year, do we need to send a copy of recent I-797 also along with the supporting docs. I have written "H1/Pending AOS" in 'Class of Admission' question. So I am assuming I need to send a copy recent H1 also since in the instructions they ask for any current USCIS doc showing status.
>>>There cant be two class of admission, either she has used H1B or AP to get in to the country previously but not both.
Thanks in advance
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chanduv23
09-25 12:21 PM
Guys who got NOID/Denied 485, quick question.
Looking back, do you think it was worth making the job move using AC21? Is it really worth the time, money, anxiety, sleepless nights that you go through during NOID-MTR?
For people getting layed off, they have no choice but to use AC21, but for rest of us, why not continue with the job you are currently in and let the GC take its turn rather than risking it?
PS: I am in US for past 5 yrs with May06 PD. I am just trying to get an opinion here, so don't flame on me. I was comtemplating on using AC21 but reading all the NOID stories, i am bit hesitent now.
Well - depends on how you perceive it. A few days of anxiety is better than working with same salary/same job for years? Most of my friends are scared to use AC21. They are just shit scared, they do not want ANYTHING to happen to their Green Card - they did not join IV because they are scared that something will happen to their GC petition.
Knowledge is power, ignorance is bliss. I used AC21 because I was with desi employer - though our relationships were good, as the client filed for chapter 11, my desi employer who has a poor accounting system figured out that there were a lot of invoices unpaid which he never bothered to follow up and lost a lot of money and rubbed everything on me. So it was a good time for me to get out of such mess as I already finished 180 days after filing 485 and as such I had been doing my own marketing, negotiating my own billing rate, and always billable so I utilized this opportunity to get into a more stable job which is decent paying.
I talked to various lawyers and was aware that AC21 has some risks involved but everything can be sorted out. I weighed options, though I could stay with the company, I moved on.
So it is your choice.
Looking back, do you think it was worth making the job move using AC21? Is it really worth the time, money, anxiety, sleepless nights that you go through during NOID-MTR?
For people getting layed off, they have no choice but to use AC21, but for rest of us, why not continue with the job you are currently in and let the GC take its turn rather than risking it?
PS: I am in US for past 5 yrs with May06 PD. I am just trying to get an opinion here, so don't flame on me. I was comtemplating on using AC21 but reading all the NOID stories, i am bit hesitent now.
Well - depends on how you perceive it. A few days of anxiety is better than working with same salary/same job for years? Most of my friends are scared to use AC21. They are just shit scared, they do not want ANYTHING to happen to their Green Card - they did not join IV because they are scared that something will happen to their GC petition.
Knowledge is power, ignorance is bliss. I used AC21 because I was with desi employer - though our relationships were good, as the client filed for chapter 11, my desi employer who has a poor accounting system figured out that there were a lot of invoices unpaid which he never bothered to follow up and lost a lot of money and rubbed everything on me. So it was a good time for me to get out of such mess as I already finished 180 days after filing 485 and as such I had been doing my own marketing, negotiating my own billing rate, and always billable so I utilized this opportunity to get into a more stable job which is decent paying.
I talked to various lawyers and was aware that AC21 has some risks involved but everything can be sorted out. I weighed options, though I could stay with the company, I moved on.
So it is your choice.
santb1975
04-26 09:21 PM
Awesome. Thanks all
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stldude
07-05 08:45 AM
Here's my Tragic Story.... I just couldn't sleep since Monday !! ! ! !
My PD is May 2003 - EB3 and my stupid lawyer sent it on Thursday ( 2nd Day Air) and it reached them on July 02. Do you think if i have a chance that USCIS will accept it.. I called the Service Center and they didn't hv a clue on it yet... Atleast if USCIS can accept the appln.and provide Ead/AP that would suffice for now..
Any thoughts ????
My PD is May 2003 - EB3 and my stupid lawyer sent it on Thursday ( 2nd Day Air) and it reached them on July 02. Do you think if i have a chance that USCIS will accept it.. I called the Service Center and they didn't hv a clue on it yet... Atleast if USCIS can accept the appln.and provide Ead/AP that would suffice for now..
Any thoughts ????
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walking_dude
09-21 01:21 PM
Here's what they got that we don't
1) Numbers - 12 million new voters indebted to them for life, is too hard for some national-level politicians to resist
- We are barely 1 million. Given we are "highly-skilled" most of us never likely to vote in elections (to avoid jury duties)
2) Strong support from US Citizens who vote for ethnic reasons. Whether anyone likes it or not legalization of "undocumented" has become a ethnic issue. More powerful than our international/global approach, because there are 25% of US population belong to that ethnicity ( and they also vote in greater percentages than the natives)
- Chinese/Indian/Phillipino/others USC/LPRs communities are miniscule in number. And most of them don't give a you-know-what.
3) They have the strongest Motivator - FEAR - it's a matter of 'survival' and not just pursuit of happiness like us. God forbid, we go back to our countries we won't starve there. These guys don't have any jobs in their countries and will be living in abject poverty . They risk death in the desert, whenever they go for vacation back home. Cops, criminals, USCIS, abusive Employers, Nativists - everyones at their back. Some of them are married to US citizens/LPRs. They face the prospects of getting separated from their families.
- We don't have such a strong motivation. If let's say there was a NumbersUSA sponsored bill to bring all legal immigration down to 50,000, believe me, DC would've been swamped by protesters. We may have met, even exceed initial projection of 10,000 participants. You'd have seen a true multi-ethnic protest respresented by every nation on the Atlas.
4) Money is not a problem for them. Many of them are paid off the books and have never paid Income Tax, SS Tax etc. There are also very strong political organizations, PACs (Political Action Committees) supporting. There are many USCs/LPRs contributing to election campaigns on their behalf.
- We pay all taxes. There is no PAC supporting the cause of EB immigrants exclusively ( ImmigrantsList is a PAC that supports all immigration including "undocumented").
Unless a LPR starts a PAC ( Aman?) starts collecting funds from other former-IV LPRs and US citizens and starts campaign contributions we continue to have a limited voice ( paying a Congressmans election campaign is will catch his/her attention more than paying a lobbyist to talk to them)
So it's not them having many negatives. It's us EB immigrants who face the strongest odds.
Just an analogy please dont think i am against undocumented fellows.. They are definitely facing a bigger problem than us!
Compare the following
Nondocumented vs. Documented Legals
1] Not well educated / Highly Skilled
2] Not much computer savvy / Mostly everyone should be
3] Not have enough resources to advertise their struggle!
/ Trying all ways to advertise & campaign
4] Do not have enough monetary collection to run a rally / advt /
set up a website
/ Have some collection to do the basics
5] Come here illegally and yet have the courage to demand a legal status openly...
/ Feel shy or sorry for demanding a legal status soon! (for those who dont think
this is worthwhile)
Inspite of all these negatives , they have grouped up so well ! highly commendable. I dont know what we can learn from them, only that they are all in the same boat , but we are in different ones .. as some have got gc, some have got receipts, some are ready to wait as they have just applied, some are just not interested!!
1) Numbers - 12 million new voters indebted to them for life, is too hard for some national-level politicians to resist
- We are barely 1 million. Given we are "highly-skilled" most of us never likely to vote in elections (to avoid jury duties)
2) Strong support from US Citizens who vote for ethnic reasons. Whether anyone likes it or not legalization of "undocumented" has become a ethnic issue. More powerful than our international/global approach, because there are 25% of US population belong to that ethnicity ( and they also vote in greater percentages than the natives)
- Chinese/Indian/Phillipino/others USC/LPRs communities are miniscule in number. And most of them don't give a you-know-what.
3) They have the strongest Motivator - FEAR - it's a matter of 'survival' and not just pursuit of happiness like us. God forbid, we go back to our countries we won't starve there. These guys don't have any jobs in their countries and will be living in abject poverty . They risk death in the desert, whenever they go for vacation back home. Cops, criminals, USCIS, abusive Employers, Nativists - everyones at their back. Some of them are married to US citizens/LPRs. They face the prospects of getting separated from their families.
- We don't have such a strong motivation. If let's say there was a NumbersUSA sponsored bill to bring all legal immigration down to 50,000, believe me, DC would've been swamped by protesters. We may have met, even exceed initial projection of 10,000 participants. You'd have seen a true multi-ethnic protest respresented by every nation on the Atlas.
4) Money is not a problem for them. Many of them are paid off the books and have never paid Income Tax, SS Tax etc. There are also very strong political organizations, PACs (Political Action Committees) supporting. There are many USCs/LPRs contributing to election campaigns on their behalf.
- We pay all taxes. There is no PAC supporting the cause of EB immigrants exclusively ( ImmigrantsList is a PAC that supports all immigration including "undocumented").
Unless a LPR starts a PAC ( Aman?) starts collecting funds from other former-IV LPRs and US citizens and starts campaign contributions we continue to have a limited voice ( paying a Congressmans election campaign is will catch his/her attention more than paying a lobbyist to talk to them)
So it's not them having many negatives. It's us EB immigrants who face the strongest odds.
Just an analogy please dont think i am against undocumented fellows.. They are definitely facing a bigger problem than us!
Compare the following
Nondocumented vs. Documented Legals
1] Not well educated / Highly Skilled
2] Not much computer savvy / Mostly everyone should be
3] Not have enough resources to advertise their struggle!
/ Trying all ways to advertise & campaign
4] Do not have enough monetary collection to run a rally / advt /
set up a website
/ Have some collection to do the basics
5] Come here illegally and yet have the courage to demand a legal status openly...
/ Feel shy or sorry for demanding a legal status soon! (for those who dont think
this is worthwhile)
Inspite of all these negatives , they have grouped up so well ! highly commendable. I dont know what we can learn from them, only that they are all in the same boat , but we are in different ones .. as some have got gc, some have got receipts, some are ready to wait as they have just applied, some are just not interested!!
more...
dolphin11
06-26 12:11 PM
64-35 to allow debate on revised immigration bill
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Caliber
04-10 04:09 PM
Sanjus is comparing apples to oranges. ie, comparing IV to Comcast?
Reddog: We discussed enough on this Donor and Freeluncher's. You decided not to pay. Why still keep arguing about it?
Why not you provide free lunch to your neighbor's every day? Over a period of time, those neighbor's will think it is their right to get Free lunch from you.
If you are a student and not earning, you have every right to request for free access. You claim to be Highly educated and earning and you still want free ride?
Reddog: We discussed enough on this Donor and Freeluncher's. You decided not to pay. Why still keep arguing about it?
Why not you provide free lunch to your neighbor's every day? Over a period of time, those neighbor's will think it is their right to get Free lunch from you.
If you are a student and not earning, you have every right to request for free access. You claim to be Highly educated and earning and you still want free ride?
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gandhig
05-01 10:42 AM
Receipt ID: 5HW16907AP031790K
Contributed: $100
Contributed: $100
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senthil1
11-08 01:28 PM
Just because some people are not accepting others views they cannot tell their view is correct. This is a Forum and opposite views should also be tolerated. Then there is no need for Forum or Forum rules can tell that only certain messages are allowed. It is upto anyone to accept or deny others views.
Democrats will hopefully move in the right direction.
- Some uphappy soul is so frustrated after the result of the recent elections that it is posting trash on these forums. You know who it is ;) Take a deep breath buddy and let the reality sink in.
- We are trying to teach you a lesson by not voting for you. lol :D yeah right.
- These anti-immigrant proponents were predicting a status-quo in the house by defeating any pro-immigrant candidate.
You can't win both ways. It just shows weak logic and confused head.:rolleyes:
Democrats will hopefully move in the right direction.
- Some uphappy soul is so frustrated after the result of the recent elections that it is posting trash on these forums. You know who it is ;) Take a deep breath buddy and let the reality sink in.
- We are trying to teach you a lesson by not voting for you. lol :D yeah right.
- These anti-immigrant proponents were predicting a status-quo in the house by defeating any pro-immigrant candidate.
You can't win both ways. It just shows weak logic and confused head.:rolleyes:
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h1vegas
06-30 04:46 PM
I am glad that you received the notice. It can be a result of either manual fault or imputting wrong application numbers.
Pls consult an experienced attorney and make sure that they dont come back after you once they detect their mistake.
Good Luck
Pls consult an experienced attorney and make sure that they dont come back after you once they detect their mistake.
Good Luck
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Jaime
09-13 01:52 PM
Hello guys! Well said on this thread, you have all day today and tomorrow to make up your mind and attend. Make your choice a resounding YES! If you live in DC or nearby states you shouldn't even be thinking about it, the decision is: YES!!!! (just come! trust us, you will see this was the best choice, and you will thank yourself you attended!!!!)
YOU HAVE TO DO SOMETHING LIKE THIS AT LEAST ONCE N YOUR LIFE! YOU WILL BE ABLE TO SAY "I WAS THERE"! WHY NOT ALSO MAKE HISTORY!!!! TOGETHER WE CAN!!!!! JUST COME!!!!!
YOU HAVE TO DO SOMETHING LIKE THIS AT LEAST ONCE N YOUR LIFE! YOU WILL BE ABLE TO SAY "I WAS THERE"! WHY NOT ALSO MAKE HISTORY!!!! TOGETHER WE CAN!!!!! JUST COME!!!!!
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delhirocks
06-20 12:03 AM
Its not a merit system, its a disguised diversity visa in the name of skills/merit. What kind of merit system will not have qualifying points? Its a shame that Sen Kennedy's website gave examples of how people ranging from 50-89 points can get GC's. Just call it diversity visa. Its a lie of massive proportions. When is Sen Kennedy up for election?
Dude he is a Kennedy...he is a senior senator from MA and for all intents & purposes is in senate for life...
Dude he is a Kennedy...he is a senior senator from MA and for all intents & purposes is in senate for life...
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Ahimsa
07-05 09:51 AM
This is the newslink what we discussed earlier on IEEE-USA's view on CIR:
http://www.vnunet.com/vnunet/news/21...oreign-workers
This says "Combined with the H-1B visa increases, the Senate bill also includes "substantial increases" in legal permanent immigrant admissions that could have a major impact on the US IT workforce and engineering enterprise, according to IEEE-USA."
IEEE-USA must know the current increase of EB visas in CIR was mainly warranted due to the current backlogs in labor and due to retrogression.
IEEE-USA when issuing statement like this, should understand that making people wait 5-8 years for adjudication is simply unfair.
Let IEEE-USA vouch to reform H-1B later and work to clear the backlogs and retrogression first.
http://www.vnunet.com/vnunet/news/21...oreign-workers
This says "Combined with the H-1B visa increases, the Senate bill also includes "substantial increases" in legal permanent immigrant admissions that could have a major impact on the US IT workforce and engineering enterprise, according to IEEE-USA."
IEEE-USA must know the current increase of EB visas in CIR was mainly warranted due to the current backlogs in labor and due to retrogression.
IEEE-USA when issuing statement like this, should understand that making people wait 5-8 years for adjudication is simply unfair.
Let IEEE-USA vouch to reform H-1B later and work to clear the backlogs and retrogression first.
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swamy
10-04 01:17 PM
any where in metro detroit is fine with me
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a1b2c3
01-13 02:02 PM
Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
Does someone has answer for this?
If your job profile demands seniority (which it must be - going by your EB3-2003 PD), you are better off refiling under EB2, instead of *just* (read just) spending couple of thousands on IV campaigns and beating up on people who are not contributing as much you have done to IV. That is not to say we stop contributing for the general cause. Don't misunderstand and start flaming at me, won't do any good.
I have not done this myself with the same employer, I changed my employer for a senior job position and I had also acquired a masters degree in comp engg from a reputed university before I became eligibile for EB2. But as a fellow IVian, who understands the EB3-I issue, I would surely advocate this not only to you but to all other EB3's with older PDs.
Does someone has answer for this?
If your job profile demands seniority (which it must be - going by your EB3-2003 PD), you are better off refiling under EB2, instead of *just* (read just) spending couple of thousands on IV campaigns and beating up on people who are not contributing as much you have done to IV. That is not to say we stop contributing for the general cause. Don't misunderstand and start flaming at me, won't do any good.
I have not done this myself with the same employer, I changed my employer for a senior job position and I had also acquired a masters degree in comp engg from a reputed university before I became eligibile for EB2. But as a fellow IVian, who understands the EB3-I issue, I would surely advocate this not only to you but to all other EB3's with older PDs.
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chmur
11-21 09:10 PM
One of the ways, I was thinking of to increase membership to the newly created Nebraska chapter is to approach the local attorney's office and get contact information of the pending applicants from them . More targeted approach .
Now before I take action,few questions.
1. Am I kidding myself :-( no attorney would part with such information, Client-Attorney privileges.
2. Has it been attempted by anyone before??
Now before I take action,few questions.
1. Am I kidding myself :-( no attorney would part with such information, Client-Attorney privileges.
2. Has it been attempted by anyone before??
ajay
05-19 06:36 PM
Contributed $100 towards this.
Transaction ID: 13U10740R1201802C
Transaction ID: 13U10740R1201802C
randomness
03-20 06:14 PM
I have had this query before. I had an H1B stamping on my passport for a company I never worked for. (Company A)
But, when I applied for a H1B for a different company (Company B). My lawyer asked me if I ever worked for them and received any salary from them ... this was a RFE on my H1B case.
All I did was replied to my lawyer with a negative answer to both questions (worked, salary for Company A).
I got my new H1B approval I guess within 30 days of that RFE reply.
You might want to contact a lawyer to draft a reply to USCIS though. I do not have a copy of the letter to provide to you ... Sorry!
But, when I applied for a H1B for a different company (Company B). My lawyer asked me if I ever worked for them and received any salary from them ... this was a RFE on my H1B case.
All I did was replied to my lawyer with a negative answer to both questions (worked, salary for Company A).
I got my new H1B approval I guess within 30 days of that RFE reply.
You might want to contact a lawyer to draft a reply to USCIS though. I do not have a copy of the letter to provide to you ... Sorry!
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