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  • new2gc
    08-13 11:49 AM
    Most of the Indian companies (TCS, Wipro, Infy, etc) have more than 50% H1Bs, I believe.

    They will bring/hire more resources to near shore (if not onsite) Brazil/Canada to satisfy clients...This year the demand for H1b is around 25K.... next year that may go down to 10-15K... good for future EB -AOS applicants.. :-)




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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa


    Solutions

    Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows

    �(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,

    (A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
    (B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �

    This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.

    In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.

    If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.

    Removal of Child Status Protection Act of 2002 (CSPA), section 8

    Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.

    Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.

    Dream Act

    This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.

    E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007

    We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).




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  • EndRetro
    03-08 01:42 PM
    Thanks for the real time updates. Please keep on doing it...




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  • glus
    07-05 12:44 PM
    I JUST FAXED DC OFFICES OF THE FOLLOWING SENATORS WITH MY PERSONAL LETTER:

    CLINTON FAX: 202-228-0282
    CANTWELL FAX: 202-228-0514
    SCHUMER FAX: 202-228-3027
    KENNEDY FAX: 202-224-2417
    CORNYN FAX: 202-228-2856

    I will call their offices later and talk about the issue.



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  • Aah_GC
    07-11 12:13 PM
    Try your best to find a job. The market is picking up. At least try to join one of those desi companies even if they are offering a low salary. Just get past this time without making your situation a whole lot more complex.

    Dont worry about lawyers, your ex employer revoking I140 - all that stuff doesn't matter now - just go find a job.


    I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.

    What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate




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  • javadeveloper
    07-18 04:35 PM
    This has been discussed before, People can send in checks of whatever denomination or pay it thru their banks - Set it up as automatic payment every month if they like. (for smaller denominations).
    $50 monthly is minimum. In any case, is $50 a big amount? for such a cause?

    Is this discussed already , I am not aware , because I am just following this site since a week.



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  • indianabacklog
    07-28 10:32 PM
    Age Out Issue for filing I-485: Gurus, please advise me on the age out issue of my son.
    (1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.

    (A) Priority date : Nov, 2005
    (B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
    (C) I-140 pending period : One month (too fast where it was not a help!)
    (I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
    (D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
    (E) DOB of son : 3/30/1986
    (F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
    (G) Date to be considered for determining the age for filing I-485 : 6/1/2007
    (since the monthly bulletin is released on 6/12/2007)
    (H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
    (I) Benefit from CSPA :(I-140) pending days (C) : 1 month
    (J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
    (2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?

    (3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.

    (4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).

    (5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.

    Sorry for the long note � I thought the complexity of the issue needs it.

    Thx GCVir
    I am sorry to hear about another child aging out. Those not affected can not imagine the anguish it causes. I also had to start my green card a second time because my first I140 application was denied. I have tried every which way to find a way round this issue. Constantly posting every time another person posts on this situation. IV to this point do not seem to be motivated to address this. While the parents on here will eventually get their green cards, these adult children lose their path. In reality these children are the real victims of labor backlogs and retrogression and it would be useful to use these instances to illustrate the misery that results from the backlogs and waiting periods. I am not down playing the plight of spouses who have to wait to be able to work, since my husband has been waiting (not always patiently) for eight years, so do understand this side of the problem as much as anyone else.

    Please IV see this issue for what it is and that is a very real human issue that is destroying families. It could be used to everyone's advantage and highlight the human side of the broken employment based immigration system.




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  • chanduv23
    11-26 10:29 AM
    Thank you, I'll keep everyone posted if anything changes.

    I called USCIS customer service to ask for the attorney name on file and they said that they didn't have access to that information and I would have to get an Infopass appointment for that. Given the crap that ChanduV had to deal with (for changing jobs on AC21) during his infopass appointment, it is probably best I just wait to ask that question until my second biometric appointment is due in a few months.

    Thanks,

    Well - not every officer will deal with you in the same manner. It was my bad luck. I am sure, I might find someone helpful if I go again. So don't get intimidated and discouraged.

    Usually at infopass they do not want to answer questions like 'Who is my Attorney on file etc... " The questions they answer are - name check pending, further review etc..... So you may get an answer "If your Attorney has filed for G 28 - then you don't have to worry". But you never know and can always give a try.



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  • smuggymba
    08-12 01:15 PM
    I dont think this will change anything ...

    2. Desi consulting companies here with more than 50 employees will split them selves into 2 or 3 companies of less than 50 employees and avoid the 2000$ extra fee...

    ROFL:D:rolleyes::p:)




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  • hopefullegalimmigrant
    01-03 01:49 PM
    It sure is taking a long time. Even after the holidays are past nothing seems to be moving for us. Just hope and pray things move soon.



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  • eagerr2i
    07-12 06:54 PM
    Is there a SoCal IV member list? Any one from San diego?

    there is a list that I maintained. pls pm me and I can send it to u.




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  • msp1976
    02-27 10:10 AM
    ..
    we have to convince the PBEC working folks that it is in their interest ..to finish by Sept end...
    I am thinking about fax them a letter like this.......

    PBEC center has not performed well enough until now...This year some form of immigration reform would be passed..When that passes, there would be a lot of work in terms of immigration processing/legalization..If the PBEC/Exceed does not shape up and complete by September...We would urge the congress not to give Exceed corporation any further federal contracts..


    Only thing is my application is stuck in there and I donot want to put my name there because every dog/bitch has nuisance value...



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  • Beta_mle
    06-10 07:19 AM
    The dates had approached within two months of my priority date then BAM! Unavailable. What a disappointment. This system is just so arbitrary and capricious. Makes no sense. But then maybe it does, I'm still here, working.




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  • leo2606
    09-28 08:37 PM
    But I think franklin posted earlier that she got her GC when the priority dates are not current. And shows about 5 EB3s from India got approvals during September whos PDs are on or after 2003.Do you think USCIS might have requested the visa number for their cases when their PD was current?


    They can do "wild" approvals, however, they have to do it as per September visa bulletin. IF they dont have enough approvable 485s that are as per the Sept visa bulletin and if the approvable "ready to go" cases are past the priority dates of September bulletin, then they will be sitting unapproved as they CANT do any kind of "wild" approval.

    Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.



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  • Kodi
    06-05 08:56 AM
    If this bill pass without our provisions in it lot of us will be doomed!!




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  • santb1975
    06-04 11:09 AM
    That is awesome.

    Wandmaker - Thanks for your tireless support


    I got my GC couple of weeks ago and IV has been like a true supportive friend throughout my long wait for this day.

    As a way to 'celebrate' my GC, made a Contribution of $500.00 via PayPal.

    "This email confirms that you have paid Immigration Voice (donations@immigrationvoice.org) $500.00 USD using PayPal."



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  • Edison99
    01-10 11:42 AM
    Congrats
    9years & vayumahesh! Enjoy the freedom...................
    Finally a happy ending to my green card journey. Received our cards on Saturday. Thank You IV and I wish all the best for everyone.




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  • ramus
    09-09 01:06 PM
    Thanks....



    Contributed $300 for rally. Go IV!

    Deb
    Contrib $600 so far + $300 for rally
    EB2 India PD 03/05
    I140 09/07
    I485 07/07




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  • reddy_h
    08-26 12:58 PM
    I took out a loan from HDFC last year in India. Their service was decent and their rates were also low. No prepayment penalty after 1 year. You can check your balances online and they now offer electronic payments also. ICICI has higher rates, so I wouldn't recommend. SBI requires lot of paperwork and processing time, so you should weigh this in before approaching them.




    indio0617
    03-16 10:13 AM
    Got through this time. Same answer... that they will resolve it soon.




    Jimi_Hendrix
    10-26 05:42 PM
    Why you need to support legal immigration reforms?


    I am a legal immigrant to United States and my permanent residency application is pending because of backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of undocumented workers, insufficient resources, procedural inefficiencies and poor understanding of the legal immigration problem by congressional representatives are some of the contributory factors.

    Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models because they enter the country legally. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.

    Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
    1) Legal immigrants cannot change employers and/or job title
    2) Spouses of legal immigrants cannot work unless they have separate work authorization
    3) All major financial and career decisions are on a hold
    4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
    5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
    6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.

    Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter. While majority of immigrants are skill-based immigrants in top immigration-friendly countries, in the USA skill-based immigration constitutes a minority of immigrants. The lack of adequate immigration benefits is often cited as one of the factors promoting illegal immigration. It is clear that the current system is antiquated and needs a major overhaul.

    Lately, an awareness campaign has been launched by Immigration Voice (6,400 strong group representing skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Comprehensive Immigration Reform is frozen in view of approaching elections and earlier political deadlock. It is expected that Congress will be attend to pending immigration needs after the elections. In the meantime, it is imperative to garner support for legal immigration reform. After all, the efficiency of the legal immigration system will encourage future generation of immigrants to come to America legally. Will the average American citizen support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.

    Best Regards,

    JH
    =============
    published on nov 16, 2006
    http://news.ncmonline.com/news/view_article.html?article_id=86f99ab1b7774fc7f6a26 f10eb4183ba



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