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  • kaisersose
    06-10 11:42 AM
    Visa numbers have been recaptured in the past (year 2000, I think).

    Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?

    Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.

    Perhaps we can borrow some of their wisdom.




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  • nlssubbu
    07-25 01:29 PM
    priti8888


    Visa Allotment or Assigning of Visas by USCIS - I cannot digest the assumption that USCIS/DOS/DOL are fools and there is no coordination among them to know who from which country has applied for GC under which category. These Govt. agencies are so efficient that they can even go through these forums and connect IDs here to applications. It is a piece of cake for them to find out the entire background of an applicant as soon as even the LC is filed. They very well know who is stuck with which employer in which state and what stage and to whom they are approving the GCs. If the employers are Americans, they can even call the DOL and ask them to hold the LC approval because they know that once their employees get their GCs they will quit them.

    I am not trying to be negative and pessimistic, but please think about the chances of immigrants sueing these Govt. agencies during any of the stages in GC process and winning the lawsuit. And ofcourse, the immigration lawyers are too happy with the retrogressions and the way the immigration system works in this country.

    Hi,

    This issue was discussed in detail in Ombudsman report in 2006. Please look from page 29 which gives detail description of the inability to give accurate numbers and communicate effectively between USCIS and DOS.

    It clearly states that DOS was unable to determin exact numbers and could not co-ordinate with DOL / USCIS regarding cut-off date, by country numbers and also the total number of cards issued resulting in not all allocated numbers are approved as well.

    Thanks




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  • santb1975
    06-02 09:51 PM
    We need 2194$ to reach 20K




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  • JazzByTheBay
    09-10 09:01 PM
    Then there's no point in being a member of IV.

    When we've come together in an organized fashion, things have happened - although not as frequently and not to the exact extent that we've wanted.

    If you believe nothing will change - perhaps it's time to move on and stop logging on to IV forums and worrying yourself silly about this.

    If inaction and giving up is part of your nature, there's little help outside of therapy - no offense meant.

    If we can continue to organize and keep working towards the goals, perhaps some headway can be made. Those who spearheaded such efforts knew it wasn't a sprint to the finish.

    Question is...how much pushing would be needed when v very well know that whatever noise v make is never to be heard ???



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  • a1b2c3
    08-17 12:34 AM
    Looking at the recent approvals looks like USCIS does the following:

    1. Pick up x number of files using a random algorithm.
    2. Arrange these files in a random order using the same random algorithm
    followed in step 1.
    3. Randomly pick any file arranged in step 2.
    4. Toss a coin.
    5. On odd dates if it is heads,approve the file. On even dates if it is tails
    approve it.
    6. If file is not approved in step 5 put it on the shelf to be picked up
    in step 1 in next cycle.

    I can only hope you are wrong :). I hope they sort first by PD and then by RP.




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  • WeShallOvercome
    08-12 02:12 PM
    I dont understand how can the senator think it will solve anything as far as giving a job to a US citizen is concerned..
    We all know how these H1 dependent companies work.
    they will charge this 2K increase to the H1 employee(directly or indirectly)
    and do you think someone who wants to make it to the US will mind if he gets 48K instead of 50K per year?



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  • harsh
    01-03 04:37 PM
    Good luck.

    I wish you have PD of 2001/2002. I had the same dream when I came here 8 years ago.

    If you are new to US(1-3 years, from the spark in your statements, I feel you are.) with having PD 2003 or later, only the SKIL bill or CIR could rescue you. Othewise, you will be one among 1million in 2011 talking like us.

    No I have been here longer. I have been here for more than 6 years now, went to school for 2.5 years and so do not have an older PD. I know I am going to be stuck in retro for quite some time unless congress does something about it. But I still have my dream and one day I will get my chance to have a go at it.




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  • Leo07
    05-06 12:28 PM
    I appreciate your comments! I was contemplating what's more effective. I think I agree with you now.:)
    We have sent letters in the past only to get a standard CANNED answer. It is my opinion that the letters we send do not have any impact, cos as soon as they see "Immigration" as the subject, they (staff) sends the standard letter they have definining the position back.

    I do not mean to discourage you, but the need of the hour is to call all the senators. There are 100 of them.

    If you were going to do something in addition to the phone calls, Please set up an appointment w/the senator or staff and do a 20 minute Powerpoint presentation. That is more effective.



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  • anilnag
    02-23 02:09 PM
    At NSC I am seeing the following entry

    -----
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
    -----

    What does 4 months mean?

    It means USCIS has pre-adjudicated your I-485 if it was filed before october 2008.




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  • raysaikat
    01-07 01:04 AM
    raysaikat, and others, can we call a truce and focus on the original intent of the thread? I am sure we can all agree that the top 5 % of the worst university (does not matter which, or where) are usually better than the bottom 5 % of the best university (again, does not matter).

    In my life, in our company, I've seen some of the sharpest brains around (PhDs working for the Russian defence before they defected in late 70's and early 80's) and some of the dumbest (a mechanical engineer who refused to believe me when I mentioned the sun was approximately 300000 bigger than the earth in terms of mass and 1000000 times bigger in terms of volume). Believe it or not, I've met a taxi driver who graduated from an Ivy League institution and used to work at NASA in 60s and 70s and worked on developing algorithms for decompressing transmissions. There are all sorts who make the world a pretty interesting, if unpredictable place. :)

    You never know whom you are sitting next to on the plane! ;)

    Rather than arguing over silly matters, perhaps we should focus on intelligent analysis and if necessary, rebuttal of arguments.

    We do not prove anything by arguing over IIT vs Osmania, or North Vs South, but merely conform the worst aspects of Prof. Wadhwa's sweeping generalizations.

    I, for one, have serious questions:
    A) The video was edited. It is a collection of sound bites. How do we know the context of the statements if we do not have the full transcript?
    B) We have no visuals of the charts and figures referred to by Prof Wadhwa.
    C) We have no access to the raw data used by Prof. Wadhwa. He may had published it, but I have not seen any of it. (Unless Macaca can ferret out the details.. if anyone can, he is the man!). I have, for instance, basic questions whether immigrants and foreign students were excluded when he (Wadhwa) was counting the openings filled and engineers graduated in US.

    I do not mean to offend anyone, nor am I commenting on any country, university, or anything.. so please do not misunderstand me. Let us focus on the what is more important.

    I browsed through Wadhwa's paper. My impression is that he has used ASEE data for the U.S. and very likely it includes international students. Can anyone send him an email and seek clarification?

    I have access to ASEE database, but I cannot share the excel files. I can however post summary informations.

    2006:

    Total M.S. 38880
    Foreign 15533

    Total B.S. 74186
    Foreign 5345

    I can also report data by disciplines, among other things. But it is a bit tedious to do so.



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  • susie
    07-15 11:32 AM
    2 0f 2



    Jack, Mary and Sundeep

    Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.

    Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.

    Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).

    He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.

    Education

    Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.

    If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.

    To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:

    1. Has a residence abroad;
    2. Has no immediate intention of abandoning that residence; and
    3. Intends to depart from the USA upon completion of the course of study.

    Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,

    it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]

    However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.

    Jack

    Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.

    Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.

    During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.

    However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.

    The Need for Reform for the Children

    Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!

    Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:

    * He is not allowed to live in his home with his friends and family automatically;
    * The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
    * The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.

    The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.

    Help for the Children of Illegal Migrants: The DREAM Act

    Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.

    Reporting Errors

    This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.




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  • pitha
    07-18 04:11 PM
    good to see a junior member stand up and contribute, I hope people like you become an example to all non contributing members. thank you for your contribution.

    Started a reccuring monthly payment of $50. I will try to convince all my friends from Twin Cities (Minneapolis- St Paul) area to do the same.



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  • javaconsultant
    10-31 12:09 PM
    Guys,

    Do you know any knowledgable and experienced Immigration Attorney in Southern California ?

    I want to discuss my work options (self-employment or change of employer/Change of job description - Developer to Team Lead etc.)

    pls. share your experiences and recommendations.

    Thanks.




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  • Edison99
    04-30 10:04 PM
    Thanks Leo07 for the great link!
    It's good beginning though.......



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  • indio0617
    03-09 11:11 AM
    sub sections on employer penalties, compliance to I-9 etc...




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  • pointlesswait
    03-03 06:08 PM
    can you be more specific on what ur "very influential" attorney said? ;)

    That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn’t believe him about July 2007, and paying it for now for not having EAD.

    I know this is hard to believe especially if something comes from lawyer.

    MDix



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  • digital2k
    05-07 04:20 PM
    Vowww
    It feels great to have called everyone and making sure friends call as well ..

    Pls Don't wait any longer, pick up your phone and be part of it NOW
    Make sure you motivate others also
    Let those phones be busy for the GOOD

    For your convenience here are all the details :
    http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1391371-cir-national-phone-campaign-29th-april-2010-to-14th-may-2010-a-post1751338.html#post1751338 (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1391371-cir-national-phone-campaign-29th-april-2010-to-14th-may-2010-a-post1751338.html#post1751338)


    This is The call
    Don't miss the chance

    IV and We suceeded in July, 2 Year EAD and many more ...

    Pls pick up the phone and do your bit

    IV is YOU and is Your Best Friend




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  • yabadaba
    08-10 01:08 PM
    anyone living in lincoln can go to the service center and ask R williams where our apps arE??




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  • hopefulgc
    08-13 04:54 PM
    moderators,
    please close this thread.




    sameet
    02-18 05:36 PM
    I am seeing a lot of folks predicting the EB2 dates. And I believe they are right in doing so since that is their filign category. What I am asking is if there are any prediction regarding EB3-I. The dates are not moving at all which is absolutely frustating.




    newbee7
    07-05 11:48 PM
    Guys...digg this one religously..
    For the first time one article connects our needs to what Americans are interested in; Homeland security.



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