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  • WillIBLucky
    12-29 08:45 AM
    good question - I do not visit the website often. I remembered the website out of the blue only yesterday. After about 1 1/2 year I visited that website yesterday. So it was out of my mind.
    Also, I am cannot use internet at work that often and going home I have other stuff to take care, dont get enough time to come to IV as well. I am glad you could do what I should have done long before :).
    WillIBLucky, thank you. I have posted the classified. Just curious, why did not you post it.... I am thinking how can this be made easier to post on web sites, that's all.





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  • ewana
    08-26 12:11 AM
    Thanks willigetagc and sayantan76 for your reply.

    According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?

    willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?

    H1B is probably the last option due to low probability of success and I would probably be out of status by that time.

    Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.

    Thanks a lot for all your help. greatly appreciate it.





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  • gc_lover
    07-18 08:34 AM
    Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..

    I will call USCIS next monday if I dont hear anything before then..

    I read in one of the other thread that, a lawyer said, it might take couple of weeks to generate receipt numbers for early July filers. They are almost done with receipt number for June filers and will start with July filers.





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  • pyaradesi
    02-03 09:28 PM
    Folks,

    I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.

    But, there are a few questions that I am not convinced myself:

    1. why remove per country quota just for EB, why not family based immigration as well?

    2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.

    3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?

    When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman? We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.

    That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help. At the end of the day human life is human life even it is it Indian.



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  • nk2006
    02-19 03:07 PM
    I dont think this bill will survive in house - any bill with a set number of years residence as the only condition will raise the cries of amnesty and can get killed. In the current economic conditions, not sure if Obama administration will take any agressive steps to fix immigration issue - unfortunately they have far more urgent issues at hand. A bipartisan support could have made it possible but any bill which can be interpreted as 'amnesty' will sure raise emotions.

    Having said that - it seems useful (irrespective of if illegals will also get benefited or only legals get benefits) for us - any bill that can potentially take thousands of people from the waiting list can also benefit people with <5 years anyways - so it should benefit everyone. Hell....even if there is a bill that grants greencards after 10 years of legal residence - I am sure it will ease the retrogession a lot (from all the stories in IV, I am sure there are quite a few still waiting after 10 years of legal residence). Whether such bill can be passed in the near future (in 2009) is another matter and I highly doubt it.





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  • vin13
    11-13 12:27 PM
    The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.

    I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.

    I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.

    But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander quarter.

    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.



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  • vagish
    04-04 10:22 AM
    You will notice that there is not a single provision here that protects the rights of H1B workers and saves them from exploitation.

    There is not a single provision to punish employers who exploit H1Bs.

    Even with other immigration bills you will see there is not a single provision in these immigrtaion bills that punishes employers that hire illegal aliens. Thus all immigration laws being made never punish any US citizen breaking the law by employing an illegal alien or paying low salary or exploiting an H1B.

    Even with the current law, have you seen how many employers have been punished for employing illegal aliens. Do you know the penalty for getting caught. It is a mere $500 and nothing else. And you will be surprised to know that not even 100 employers have been fined last year. And only 2 H1B employers were punished after being sued by employees. No H1B employer was caught and punished for exploiting any employee. The laws are being made to favor US employers and to punish immigrants.

    I am surprised that nobody is noticing this.

    the laws are there , but only on the books, they don't fund them for enforcement.
    Also some laws are very week and needs to be changed.
    I think general american public is getting to know more about it as everyday
    passess with immigration debate. I think in the future if they pass any law
    it will come with heavy enforcement and also the provisions like hiking h1B and
    green card numbers, both will go hand in hand , there will be some controvercial provisions for both sides .





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  • crazyghoda
    01-30 03:52 PM
    Whew! Thanks for the clarification (and the knowledge... I can help someone else out now)

    So now I just need to wait and see what exactly is asked in the RFE. Cant they send the damned thing by Fedex and bill me for it. Waiting for regular mail is painful. Here goes another weekend (sigh)

    No you are not. Like I said out of status UNTIL date of I-485 application is most important.



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  • BharatPremi
    10-25 04:41 PM
    Interesting thing (not in a good way) to note is most EB3 India (even whose priority dates are as back as 2003-2002) have filed in June/July.

    Reason: All of us(between 2002-4) were rotting in BEC for years...BEC just
    vomited us out between Jan 2007 to September 07.





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  • pdaug2002
    03-17 10:34 AM
    EB3 - India
    PD : Aug 2002



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  • msgrewal81
    02-18 08:39 PM
    Overall, it is better if this bill dont pass:
    1. It makes LC very very difficult
    2. It brings illegals who apply infront of legals who apply after the bill passes. So, the backlog will be infinite.


    So, in all maybe it is better if this bill fails. It is good for illegals and bad for legals.





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  • paskal
    12-27 02:40 PM
    if i'm travelling TO India and transiting through paris/london
    and I have an Indian passport, WHY should I need to show a US Visa to avoid a transit visa? Does this make any sense? I'm not going to the US?????



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  • virald
    07-24 12:05 PM
    Virald,
    What makes you start another stupid thread?
    There are gazillion threads that discussed this issue at length. Already people have discussed this and are planning their plan B and for your kind information, Greg didnot say that all July 2 applications will be rejected.

    Don't try to scare people and then try to back it up by saying "I am trying to figure that out too"

    srikondoji

    I am not trying to scare anyone. For you the thread might be stupid, not for me. Please keep your negative remarks to yourself. Just the fact that people are discussing in this thread invalidate your kind of comments.

    Also, my assumption was people come here to discuss issues, when they have doubts. No one is a lawyer here, certainly not me, hence my statement. If you are so scared please do not visit this thread.

    Peace.





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  • makemygc
    07-05 12:29 PM
    I just contributed my first $100.00. Go IV!
    Thanks map_boiler.

    Today, two of my firends who were stuck in BEC joined IV and contributed. At last I was able to convince them that IV is for all who are suffering due to immigration.



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  • paskal
    12-26 03:23 PM
    I see an increasing incidence of activities/offers/utilities with restrictions, citizen/green card status only, here are some examples, perhaps others can share experiences too:

    1. I tried to travel to Mexico. if you do not have a GC, here is what you have to do (for many not all nationals, India is on the list):
    appear in a consulate (350 miles for me) personally, with all family members present, the consulate will send a request for permission to proccess to Mexico City. then cool your heels at least 6 weeks. Once permission is obtained the entire family reappers in person to apply for the visa.
    I chose not to travel.

    2. Amex is advertising a glopal trip protection insurance, with the caveat that you may only apply if citizen or GC.

    3. I've been a Citibank customer for a decade, and have considerable funds with them, one click of a button opens me a new e-account- except that the fine print says you have to be Citizen/GC to do it.

    4. A travel package to Europe offers an incentive- 1 euro for 1 dollar at the hotel....you guessed it! only citizens and GC....

    5. i heard someone complain about Discover earlier....they send preapproved offers then reject you if you tell them you are not Citizen/GC. I've had one for years, they happened to send me an approved offer without the question....the whole thing is tragicomic :-)

    6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle....

    I'm not dying to be a permanent resident. I don't consider it my right. I have not taken anyone's job...I was recruited after a long search failed. Since I have joined our practice has grown many fold, my revenue itself has doubled and we have recruited more providers - Americans, incidentally.
    But i would love to have a green card as long as i'm here, life would just be easier...





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  • sw33t
    05-27 07:56 PM
    There seems to be a lot of misconceptions on what to do when stopped by CBP (Customs & Border Protection), colloquially known as "Border Patrol".

    Border Patrol Agents are federal agents and answer to no state/local authorities except their own. Despite misconceptions on their authority and the civil rights issues of road blocks, Border Patrol agents are authorized to detain and make arrests based on the following -

    a. Inability to establish identity
    b. Inability to establish immigration status
    c. Trafficking - Narcotics, Weapons, Tobacco, Alcohol etc. etc.
    d. Detain/arrest felons with federal warrants
    e. Enforce laws related to trade agreements/customs

    As far as what gives the CBP the right to stop/search you,

    Search Authority (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=Jt4f8Uyj&p_lva=74&p_li=&p_faqid=25&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MiwyJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUgxQg**)

    "The Congress of the United States has given U.S. Customs and Border Protection broad authority to conduct searches of persons and their baggage, cargo, and means of transportation entering the United States. This authority is contained in Title 19 of the United States Code, Sections 482, 1467, 1496, 1581, and 1582. For further information please visit the Inspections Section on the Customs and Border Protection website. "

    As far as making photocopies (Colored / B&W), pre-June 1st, 2009, the law clearly stated that photocopies of official US documents cannot be used as proof of valid status. If you read through most official US documentation (fine-print), you will see this printed. Aside from being charged from counterfeiting US documents for purposes other than official purposes (application to a US agency), Border patrol will reject such documentation. The only exception after June 1st, 2009 is the following -

    "June 1, 2009: ALL persons*, including U.S. citizens and Canadian citizens over the age of 15, traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries), will be required to present a valid passport or other document such as passport cards, NEXUS or SENTRI cards, or driver's licenses that meet certain security requirements. Children 15 years of age and younger are exempt from the passport requirement, although they will be required to have copies of their birth certificate. (The copy does not have to be certified, xerox copies are ok, but certified is always better.) Teens between the ages of 16-18 who are part of an adult-supervised school, religious, cultural, or athletic group, are also exempt from the passport requirement if traveling by land or sea."

    You will be detained if the Border Agent decides that there is enough suspicion to do so but it is up to the discretion of the agent. Technically, you are supposed to carry documentation, IN ORIGINAL. Some exceptions are those who have a valid Driver's License from states who have implemented the "REAL-ID" act.

    This is the official FAQ on what you need to carry by the CBP. (PLEASE READ THROUGH IT).

    Documents to carry while traveling (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=572)


    And please, DO NOT LIE when being questioned. Getting pulled over by authorities can be a nervous experience but always take a deep breadth before you answer a question. Agents are trained to spot physical signs of an individual concealing the truth. YOU WILL BE DEPORTED if you do so & denied entry for 10 yrs.

    When stopped, hit the emergency blinkers and place your hands on the steering wheel and ask the occupants to not make any sudden moves. If you are carrying documentation, let the agent know the same and tell the agent where it is located and seek his approval before reaching out to get the documentation.

    What to do if you wish to file a complaint because a CBP officer was unprofessional/rude?

    File a Complaint (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=MIxTbUyj&p_lva=572&p_li=&p_faqid=29&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NCw0JnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PXJ1ZGU*)

    For more unofficial information on road blocks, the "Roadblock Registry" is an independent website that documents the politics of "Road blocks" in the US.

    http://www.roadblock.org/whattodo.htm


    Most of all, please drive safe and don't drink & drive near the border.



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  • nozerd
    12-27 06:46 PM
    Dude,
    That is what they are afraid off. They want you to go to your home country and not sneak into their country.
    Many ppl go through European airports during transit and then ask for Political asyslum. Many Tamil Tigers did that so did sardars during khalistan times.


    if i'm travelling TO India and transiting through paris/london
    and I have an Indian passport, WHY should I need to show a US Visa to avoid a transit visa? Does this make any sense? I'm not going to the US?????





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  • abhijitp
    07-23 08:07 PM
    Employer is happy to give

    I wonder if not providing the emlpoyment letter helps ensure that you cannot switch jobs easily using AC-21? I hope I am wrong. Experts please opine.





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  • ItIsNotFunny
    04-04 09:22 AM
    I think this Bill will die like 2006 SKIL bill.


    I don't think so. Here is my view:

    I believe GC issue is root cause of the problem. Because people can not get GC for 6-7 years, employers (body-shoppers in real words) wants only H1 holder as they will work as slaves with them for years due to GC. This encourages them only to take H1B holders and not GC holders or citizens on payroll.

    If government removes retrogression, immediately 80% of the body-shoppers (blood suckers in real words) have to close their shops and H1 quota will be available to all.

    Common sense is not common.





    ajay
    12-08 04:57 PM
    I also got a response with some number. I don't know how much of it is going to help us in knowing the situation.





    sdudeja
    10-12 02:50 PM
    I-140, I485 Sent on 08/15/2007