seahawks
07-23 11:46 PM
Dont mean to dampen your spirits, happy for the poster of this thread. Could have been lucky to get approved while people like me ( Sep 2003) PD waiting 485 filed 3 yrs ago.
anyway cheers -- go partying
mine too PD March 21 2003.... phew.. got stuck in BEC and then retrogression.. long wait.. and now 485 filed with long wait for EAD:)may be But hey, life is always that way, who knows what is next:)
anyway cheers -- go partying
mine too PD March 21 2003.... phew.. got stuck in BEC and then retrogression.. long wait.. and now 485 filed with long wait for EAD:)may be But hey, life is always that way, who knows what is next:)
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hpandey
07-11 11:15 AM
CIR is the Worst thing on the planet for the legals.
Girish - CIR was meant to help the illegals not us folk. I hope we never have to see CIR again . It would just mean millions more ahead in line whereas we who have been waiting for years will be sent to the dustbin.:mad:
Girish - CIR was meant to help the illegals not us folk. I hope we never have to see CIR again . It would just mean millions more ahead in line whereas we who have been waiting for years will be sent to the dustbin.:mad:
obviously
08-15 09:29 PM
I happen to be a freelance writer (not a journalist). In response to this thread, I have penned a 2,700 word commentary on the current challenges titled "The Plight of Promise". In order to beef it up with some compelling statistics, can 5 or 6 people respond to this thread with anonymized details of their specific circumstances and how they are suffering. Keep it to 2 or 3 sentences. I will cull out required data points to make the case. For ex:
- AD, a 31 yr old non immigrant worker from Poland with a wife and two kids. Unable to get into stage 3, meanwhile need to change my job and relocate to a specific city where my child's health needs can be taken care of. Unable to do so because...
If anyone would like to get the final edited version, let me know. You will be free to republish it without copyright concerns, subject to attribution.
Lastly, I will be spending a good amount of quality time in this matter. So, I will respectfully ask people to resist their desire to 'nit pick' the pieces. Constructive, candid feedback, of course, is always welcome!
hastily, but sincerely,
obviously
- AD, a 31 yr old non immigrant worker from Poland with a wife and two kids. Unable to get into stage 3, meanwhile need to change my job and relocate to a specific city where my child's health needs can be taken care of. Unable to do so because...
If anyone would like to get the final edited version, let me know. You will be free to republish it without copyright concerns, subject to attribution.
Lastly, I will be spending a good amount of quality time in this matter. So, I will respectfully ask people to resist their desire to 'nit pick' the pieces. Constructive, candid feedback, of course, is always welcome!
hastily, but sincerely,
obviously
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newbee7
07-06 06:45 AM
Please digg
http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled
Also, please digg and add comments.
http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled
Also, please digg and add comments.
more...
I_need_GC
03-14 02:06 PM
Thanks for you post about Canada Visit. You mentioned that one shouldn't say vacation for purpose of visit. What should we say then? My wife and I are going for Landing to Canada and people have posted that if you tell you landed as immigrant in Canada then Border Officers give you a hard time as well and some have even got RFE's from USCIS regarding their intent with US immigration process. So either way we are in trouble!
Friends please advise. What should you say to Border Patrol Officers on Re Entry to US with AP?:(
Also would you mind sharing what was your purpose of Visit?
AP was created for people who had an emergency to travel outside the US while there I-485 was being processed. but over the years these processes have elapse and now take longer. So now the USCIS is more lenient in issuing APs but the law still is that its for emergency travel. Now if you come across an IO who is having a bad day and asks you your reason for travel and you say vacation well he has the authority to deny you entrance. The IO can refuse you entry if he feels somethings not right.
While you have a I-485 pending trying to get Canadian landing papers in theory is a good idea but heres the problem you run in to. After get us green card or passport you take on any other nationality they don't like that. They consider it that you no longer want to be a US citizen now if you have previously held any other nationality like Indian by birth they are ok with that.
So yes if you tell the IO you went there for Canadian landing papers and are traveling on AP its sounds like you no longer want to be a US citizen.
In the past I have said visit family they are ok with that.
My Canadian visit was for work purposes. my company has a sister office in Canada. so when they asked I said to temporarily work in Canada. they were happy with that.
Friends please advise. What should you say to Border Patrol Officers on Re Entry to US with AP?:(
Also would you mind sharing what was your purpose of Visit?
AP was created for people who had an emergency to travel outside the US while there I-485 was being processed. but over the years these processes have elapse and now take longer. So now the USCIS is more lenient in issuing APs but the law still is that its for emergency travel. Now if you come across an IO who is having a bad day and asks you your reason for travel and you say vacation well he has the authority to deny you entrance. The IO can refuse you entry if he feels somethings not right.
While you have a I-485 pending trying to get Canadian landing papers in theory is a good idea but heres the problem you run in to. After get us green card or passport you take on any other nationality they don't like that. They consider it that you no longer want to be a US citizen now if you have previously held any other nationality like Indian by birth they are ok with that.
So yes if you tell the IO you went there for Canadian landing papers and are traveling on AP its sounds like you no longer want to be a US citizen.
In the past I have said visit family they are ok with that.
My Canadian visit was for work purposes. my company has a sister office in Canada. so when they asked I said to temporarily work in Canada. they were happy with that.
jthomas
01-05 11:17 PM
I don't agree with you Gayatri.
As per my experience, America does not have more educated skilled engineers. I have couple of friends who are MS holders and cannot fit with BE level engineers in India. I am talking about those guys who were born and grew up in the US. Secondly, most of the engineering companies have asians as engineering managers and directors. He had mentioned that most of the industries in silicon valley were started by immigrants from China and India. Do u want to count them as engineers from US?? They are the top engineers from the asian countries. So i don't buy his comments.
So are you judging all of India's education by the IIT's? I didn't graduate from IIT and so didn't 99.9% of Indian IT people.
I can tell you for a fact that Universities in America are much better than those in India. This is why I came here and I went to an average university here which I could afford.
What Professor-ji said in the video was that Indians were successful DESPITE the poor education they received in India. India is becoming a world superpower in research and development DESPITE this. I believe this is true. Indians know how to compete and will be world leaders because they work hard and think smart.
Lets not fool ourselves at least!! We need to learn to accept the truth.
As per my experience, America does not have more educated skilled engineers. I have couple of friends who are MS holders and cannot fit with BE level engineers in India. I am talking about those guys who were born and grew up in the US. Secondly, most of the engineering companies have asians as engineering managers and directors. He had mentioned that most of the industries in silicon valley were started by immigrants from China and India. Do u want to count them as engineers from US?? They are the top engineers from the asian countries. So i don't buy his comments.
So are you judging all of India's education by the IIT's? I didn't graduate from IIT and so didn't 99.9% of Indian IT people.
I can tell you for a fact that Universities in America are much better than those in India. This is why I came here and I went to an average university here which I could afford.
What Professor-ji said in the video was that Indians were successful DESPITE the poor education they received in India. India is becoming a world superpower in research and development DESPITE this. I believe this is true. Indians know how to compete and will be world leaders because they work hard and think smart.
Lets not fool ourselves at least!! We need to learn to accept the truth.
more...
sanju
04-30 04:25 PM
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
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mbartosik
03-26 04:34 PM
PD Dec 2002
45 day letter around July 2006
replied to 45 day letter within a couple of days
RIR EB3
Region NY
Currently on 7th year of H1B
45 day letter around July 2006
replied to 45 day letter within a couple of days
RIR EB3
Region NY
Currently on 7th year of H1B
more...
Green.Tech
05-25 11:28 AM
Stay on top!
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immivjj
09-09 10:41 PM
Just contributed $200.
Google order: #752574347294392
Google order: #752574347294392
more...
vdlrao
07-11 08:16 AM
I have expected EB2 India would move Fast but I didnt expect it would move like Super Fast. Really good for EB2. But the thing infront of us now is to work for EB3 INDIA and EB3 ROW.
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eager_immi
07-18 04:22 PM
I love the idea of monthly subscription website what does the core think. This works just like AILA does.
I know many of friends who use IV as recourse for NEWS but they don't register nor contribute. Even after multiple reminders and sarcastic comments they don't. I feel pity for them, they don't understand by registering and contributing they help them self and others. Shouldn�t we make IV a monthly subscription web site? That way we will have only serious members.
I know many of friends who use IV as recourse for NEWS but they don't register nor contribute. Even after multiple reminders and sarcastic comments they don't. I feel pity for them, they don't understand by registering and contributing they help them self and others. Shouldn�t we make IV a monthly subscription web site? That way we will have only serious members.
more...
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tushbush
03-05 04:01 PM
same here my friend.
ditto
ditto
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plreddy
07-14 02:43 PM
Bank Of America Bill Pay Confirmation Number: 7YB5R-TV1TL for $ 5.00.
more...
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Canadian_Dream
06-01 08:18 PM
I re-read the section and I think your interpretation is correct. All I-140 filed after introduction and approved before enactment should stand clear from this provision. If there is an I-485 petition filed along with such an I-140 that is approved before enactment of this act, then it will qualify for an immigrant visa whenever one is available under the old law.
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
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plassey
07-21 12:13 PM
It says at least 55,000
According to LATimes article
http://www.latimes.com/business/la-fi-visas21jul21,1,3932099.story?coll=la-headlines-business&ctrack=1&cset=true
only 55000 applications so far this month.
"There was intense public reaction," said Bill Wright, spokesman for the citizenship and immigration agency, in explaining the reason for the reversal. "We heard that and did listen."
Wright said at least 55,000 applications had been filed this month; the window will remain open until Aug. 17. "
According to LATimes article
http://www.latimes.com/business/la-fi-visas21jul21,1,3932099.story?coll=la-headlines-business&ctrack=1&cset=true
only 55000 applications so far this month.
"There was intense public reaction," said Bill Wright, spokesman for the citizenship and immigration agency, in explaining the reason for the reversal. "We heard that and did listen."
Wright said at least 55,000 applications had been filed this month; the window will remain open until Aug. 17. "
more...
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coopheal
12-27 12:20 PM
Let's brainstorm on what we can do to remove country limits restrictions.
We will push for that in CIR if not prior.
We will push for that in CIR if not prior.
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nogc_noproblem
07-11 01:30 PM
In order to avoid visa wastage, there is no ‘per country limit’ during the last quarter, that could be the main reason for this quantum leap in EB2-I PD movement.
Looks like DOS was not clear about the number of pending cases until a month ago and that’s why this movement was not happened last month - July, which was the first month in last quarter.
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!
Looks like DOS was not clear about the number of pending cases until a month ago and that’s why this movement was not happened last month - July, which was the first month in last quarter.
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!
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NKR
01-06 07:38 PM
By the way, since when 100's of students mean a couple of folks? So far I have taught about 100 such students. And I and my colleagues have been observing problems with such students for over last 5 years or more (about 1000 students). These are not anomalies, rather statistically significant observations.
And, by the way, (almost) all these students join Indian consulting companies after graduation, which means (at least those) consulting companies care nothing about the quality of the employees. Banning H1-B access to such consulting companies will be of desirable, indeed.
You seem to be a guy from north India who dislikes anything remotely connected to south, or probably you are envious of the strides that south India has taken, anyways I do not care what YOU or Wadhwa says about the quality of education in some parts of the world.
I do not know how this discussion is going to help our cause.
Moderators, please close this thread. This thread has potrayed India in bad light to the rest of the world and has given enough ammunition to anti immigrants.
And, by the way, (almost) all these students join Indian consulting companies after graduation, which means (at least those) consulting companies care nothing about the quality of the employees. Banning H1-B access to such consulting companies will be of desirable, indeed.
You seem to be a guy from north India who dislikes anything remotely connected to south, or probably you are envious of the strides that south India has taken, anyways I do not care what YOU or Wadhwa says about the quality of education in some parts of the world.
I do not know how this discussion is going to help our cause.
Moderators, please close this thread. This thread has potrayed India in bad light to the rest of the world and has given enough ammunition to anti immigrants.
PD_Dec2002
03-18 07:17 AM
Having said that, since we are non-resident aliens (i.e the ones without green card or US citizenship) will not get a stimulus package?
An overwhelming chunk of all of us are considered resident aliens from IRS's perpective so you are eligible. In fact, I would think every single one of us on this forum is a resident alien since we all fit IRS's definition of a "resident alien" as per their "substantial preference test". The following is copy-paste from IRS:
Topic 851 - Resident and Non–Resident Aliens
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test". For the purposes of this test, the term United Stated includes the following areas:
All 50 states and the District of Columbia.
The territorial waters of the United States.
The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources. The term does not include U.S. possessions and territories or U.S. airspace.
To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
For more information, see the IRS guidance: http://www.irs.gov/taxtopics/tc851.html
Regards,
Jayant
P.S.: Since taxes are inevitable, here's hoping we soon pass the first "green card test" as well. :)
An overwhelming chunk of all of us are considered resident aliens from IRS's perpective so you are eligible. In fact, I would think every single one of us on this forum is a resident alien since we all fit IRS's definition of a "resident alien" as per their "substantial preference test". The following is copy-paste from IRS:
Topic 851 - Resident and Non–Resident Aliens
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test". For the purposes of this test, the term United Stated includes the following areas:
All 50 states and the District of Columbia.
The territorial waters of the United States.
The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources. The term does not include U.S. possessions and territories or U.S. airspace.
To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
For more information, see the IRS guidance: http://www.irs.gov/taxtopics/tc851.html
Regards,
Jayant
P.S.: Since taxes are inevitable, here's hoping we soon pass the first "green card test" as well. :)
bayarea07
07-18 03:17 PM
Can you please post this as part of a newsletter to all the members.
IV action alert $50 per month recurring contribution drive.
Dear IV members,
IV has had its first big success this year and we should all be proud of what we can all do. We worked hard and left no stone unturned to get this relief for our members. During the last few days there has been some movement on the National Defense Authorization Act and work on DREAM and SKIL provisions. While we were fully focused on the 485 relief, we did not lose sight of the developments. We have built a positive momentum and have been getting positive signals from key lawmakers. It is now upto us how we can seize the opportunity and focus on the lobbying efforts on legislative front. After seeing the overwhelming support of our members we are also encouraged to move ahead with full steam and explore the possibility of our provisions in the upcoming legislative activities. We also need to explore any other future movement on legislative front. Please join us in this struggle by signing up for $50 or more per month recurring contributions. This minimum amount is important for us to accomplish the kind of results we all desire. The failure of CIR and the political climate against immigration are making the task difficult but not impossible.
Monthly $50 sign ups will enable us to have a better idea on the funds for the coming months and we can plan our efforts better.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
Thanks again for your continued support.
IV team
P.S. After our success with the visa bulletin, our opponents, other organizations and people in DC know that IV has arrived. Congrats everyone.
IV action alert $50 per month recurring contribution drive.
Dear IV members,
IV has had its first big success this year and we should all be proud of what we can all do. We worked hard and left no stone unturned to get this relief for our members. During the last few days there has been some movement on the National Defense Authorization Act and work on DREAM and SKIL provisions. While we were fully focused on the 485 relief, we did not lose sight of the developments. We have built a positive momentum and have been getting positive signals from key lawmakers. It is now upto us how we can seize the opportunity and focus on the lobbying efforts on legislative front. After seeing the overwhelming support of our members we are also encouraged to move ahead with full steam and explore the possibility of our provisions in the upcoming legislative activities. We also need to explore any other future movement on legislative front. Please join us in this struggle by signing up for $50 or more per month recurring contributions. This minimum amount is important for us to accomplish the kind of results we all desire. The failure of CIR and the political climate against immigration are making the task difficult but not impossible.
Monthly $50 sign ups will enable us to have a better idea on the funds for the coming months and we can plan our efforts better.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
Thanks again for your continued support.
IV team
P.S. After our success with the visa bulletin, our opponents, other organizations and people in DC know that IV has arrived. Congrats everyone.
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