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  • Ramba
    03-15 11:18 AM
    Filing 485 during visa unavailability, should not be the concern in this bill. Why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category. Specter removed very important provision that eliminate per country limit in EB visas for oversubscribed countries. This is a big blow to India, China. It will stop all the benefits from this bill.

    If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.

    If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill




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  • saileshdude
    05-21 11:13 PM
    Saileshdude,

    Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?

    This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.

    I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.

    Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.




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  • insbaby
    01-12 12:32 PM
    All,

    Background:
    I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.

    I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.

    Thanks

    From Indian Embassy, Washington DC.
    Guidelines for Indian Passport Holders
    (i) Your passport is a valuable document. It should always be retained either in your private custody or in the custody of a person duly authorized by you. Passport should not be sent out of the country of residence by post. If the passport is lost or destroyed, the fact and circumstances should be immediately reported to the nearest Indian Mission and the local police. PLEASE KEEP A PHOTOCOPY OF YOUR PASSPORT IN A SAFE PLACE. WITHOUT DETAILS OF THE LOST/DAMAGED PASSPORT, THE ISSUE OF A DUPLICATE PASSPORT MAY BE DELAYED.

    There are few potential issues you could face:

    1. Passport lost in mail (Will happen 90% of the time when you ship your passport overseas, believe me.). You may think FedEx is the best courier. They will pay $100 for the lost passport, if you have insured, then it may be $300.

    2. If the receiver of your lost passport is an unautherized person, then your trouble is multiplied by 100.

    3. Your package WILL BE OPENED by mumbai customs officers. When they see your passport, the receiver of your package must answer questions continously for few months.

    4. Now you are in a foreign country without your passport. When you file for a new passport, you have to submit a police report and you can not lie. You have to tell them that you missed while sending overseas. Indian embassy lists clearly that you should not do.

    It would be better stay on your AP, or spend another $1500, and take 1 week off from work, go there get it stamped.

    The message sounds very rude, but I have seen the experience of missing passport in a foreign country.




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  • pani_6
    08-24 03:42 PM
    The situation seems pretty grim...there are about 80 k indian students
    coming to the US every year in total about 250-350 k including all international students (I assume) and at least 50% of them want to work after graduation (I assume)..with the h1 cap at 65K(lot of them taken away by consultants) ...and the lots of school funding squeezed because of the war..Most students (I assume) study with no AID hoping to get a job to repay some of the loan/ father's money...

    I think prospective students need to know the real situation out here..before
    they make a choice of studying here.

    I hope this grim situation is temporary...



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  • sunny1000
    02-09 03:00 AM
    well i got marriage ceremony , not civil yet...because i didn't know since he have this problem in court. and he says that they would let him out once he's in jail.. the chance of he goes to jail is 50 50... if goes he will get about 18 months. will still can do my papers?

    I am not an expert here but, can you not get a certificate from the church that you are married while you are waiting for the official certifcate? see below:

    http://boards.immigrationportal.com/showthread.php?t=258893&highlight=marriage+certificate+church

    You can also search the above site for answers. But, in the end, please consult a good attorney who is familiar with both immigration and criminal law.




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  • shukla77
    11-20 08:02 PM
    Please send emails to CBS 60 Minutes and other media sources. Send them personalized emails explaining backlog issues and efforts from IV. Considering passage of SKIL Bill in lame duck session a remote possibility, this would be a step in right direction. Also it would bring IV in media focus.

    ****So far ~10 people have sent emails to CBS..*****
    ****5990 to go..*****

    Good Luck

    Shukla77:)



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  • raju123
    06-26 02:51 PM
    Numberusa reported following possible 24 amendments and Cantwell/Kyl amendment is not there. I hope this news is not right.

    Democratic Amendments

    * Dodd-Menendez S.A. 1199: would increase the annual cap on green cards for parents and extend the parent visitor visa.
    * Webb S.A. 1313: Community ties for [amnesty]
    * Baucus-Tester S.A. 1236: would strike all reference[s] to REAL ID.
    * Sanders-Grassley S.A. 1332 : prohibits companies that have announced mass lay-offs from receiving any new visas, unless these companies could prove that overall employment at their companies would not be reduced by these lay-offs.
    * Byrd-Gregg-Cochran S.A. 1344: adds a $500 fee to obtain [amnesty] and sets aside the revenues collected in order to fund border and interior enforcement.
    * Menendez-Obama-Feingold S.A. 1317: increases family points in merit system
    * Brown S.A. 1340: requires that before employers can be approved to employ Y-1 workers, they must have listed the specific job opportunity with the state employment service agency.
    * McCaskill S.A. 1468: increases ban on federal contracts, grants or cooperative agreements to employers who are repeat violators of hiring immigrants who are not authorized to work
    * Levin-Brownback S.A.1486: gives access to Iraqis to apply for refugee status under existing U.S. law.
    * Leahy S.A. 1386: protect scholars who have been persecuted in their home countries on account of their beliefs, scholarship, or identity.
    * Schumer: provides for tamper-proof biometric social security cards
    * Boxer S.A. 1198: reduces Y visa cap by number of Y workers who overstay

    Republican Amendments

    * Alexander S.A. 1161: requires DHS and the Department of State to notify a foreign embassy when one of their nationals has become a U.S. citizen
    * Bond S.A. 1255: prohibits green cards for [illegal aliens granted amnesty]
    * Coleman S.A. 1473: outlaws state and local policies that prevent public officials * including police and health and safety workers (except for emergency medical assistance)*from inquiring about the immigration status of those they serve if there is �probable cause� to believe the individual being questioned is undocumented.
    * Domenici S.A. 1335/1258: increases Federal judgeships
    * Ensign S.A. 1490: redetermines work history for current beneficiaries of social security depending on their citizenship status
    * Graham S.A. 1465: enforcement. Still being drafted.
    * Grassley-Baucus-Obama S.A. 1441: strikes and replaces Title III on employer enforcement
    * Hutchinson S.A. 1440: changes the �touchback� requirement from the time of applying for adjustment of status, as it currently stands in the Senate proposed bill, to the time of applying for the Z visa. Increases the number of individuals required to touchback
    * Thune S.A. 1174: prevents [illegal aliens] from [being granted amnesty] until all triggers have been met.
    * Chambliss S.A. 1318: Totalization agreements
    * Isakson S.A. 1282: Preemption/Home Depot
    * Graham: Criminal penalties/mandatory minimums for overstays




    There is a news in news article thread that Senators Cantwell & Kyl have proposed a amendment which will open up a parallel employer sponsored GC path. Anyone has information regarding this amendment?




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  • 485Mbe4001
    05-19 01:07 AM
    honest opinion, talk to a good lawyer about this. your case is unique so dont depend comments from us. Companies have always used the carrot and stick aproach, with GCs, its just our luck that we roll the dice with this process and how we are exploited. You can stand your ground and negotiate with your firm, to a certain extent they need you too. Your I-40 is owned by the company, so they are the ones sponsoring you. Besides your current lawyers will probably have all your papers and approvals. Our lawyer did not even give us the I 140 number as we did not file it. I guess you might need all the 140 papers when you file for 485



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  • India76
    07-17 06:25 PM
    India76,

    U have till Aug 17th to file AOS. U can go to india and come back before AUG 17 to file


    is it official that we can file till August 17th? i didn't see that in august bulletin. please let me know as you know how important is that..... Well its timing...




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  • gvenkat
    01-07 08:29 PM
    THe Lottery is the dumbest piece to obtain GC. Imagine some guy who does nothing to the USA applies, comes here sucks the $$ out of the system by coming here, staying here and enjoying all monetray benefits of a GC like unemployment benefits etc

    If this passes. THere would be a huge relief among people who have advanced degrees



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  • brick2006
    04-21 11:44 AM
    I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010

    My spouse is on H1..can i switch over H4..

    > My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..

    so here is my dilemma::confused:

    a.) If i switch to H4 and after few months i get a project..can i go back to H1..->

    b.) Can i file for H4 on my own..is it complicated?

    c.) if i change to H4..and my PD becomes current (PD Dec 2005)
    .) Can i file for AOS..as my 140 is approved..
    .) Suppose i go back to desh ..can i file for consular processing..if my PD become current


    thank you!




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  • ram112
    09-03 03:52 AM
    gc approved on sept 1.



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  • 53885
    05-12 11:38 AM
    I didnt contact senators from AILA.

    I sent to media organizations from - http://capwiz.com/aila2/dbq/media/ in northern/souther california and Arizona. May send to other states today.


    How do you contact so many senators. It asked my my address and sent the email only to my state's senators.




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  • dingudi
    06-08 11:16 PM
    Hi Dingudi,

    The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.

    The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.

    I understand your problem. All I was saying is to make sure any response you provide includes that your work during 1999-2000 was legal as per F1 on-campus regulations. And I hope the attorney you hire should be able to do that. If you do not have Tax returns , then you don't. Like someone said earlier , your W2 along with IRS letter that they do not keep records older than 7 years maybe enough but again your attorney should make this decision wisely.



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  • kaarmaa
    01-19 12:43 PM
    Oh God!!

    How can we stop these EB2I - EB3I fights?

    What unites us? Only in our fights for superiority?




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  • NKR
    10-13 04:18 PM
    Next time I'm thinking of going Tarzan style....

    They take only finger prints.. ;)



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  • shivarajan
    01-26 03:12 PM
    is OP a rant? :rolleyes:




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  • PHANI_TAVVALA
    12-02 02:39 PM
    And also, my wife is on H1B with 4 & 1/2 years remaining on hers with 1st extension. Is my converting to H4 going to help upon my h1b expiration in Sept 2009? can I convert to F-1 and possibly work on CPT if any university would allow me to do so? Thanks for your response.




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  • vagish
    04-27 10:36 PM
    This one is from Mathew Oh:

    04/27/2007: Disappointing News of Sponsor's No Immediate Push for Hagel High-Tech Temporary Relief Bill

    The Senator from Nebraska introduced earlier High-Tech Worker Relief bill. The employment-based immigrant community and the businesses and academic institutions had some level of hope and expectation that this bill might be acted upon as separate from the CIR. However, there is a report that Senator Hagel stated that the Senator introduced the bill intended to be handled as part of the CIR legislation process. It thus appears that all the bills which have been introduced recently were also intended by the bill sponsors to be debated and reflected in the CIR legislation process in May in the form of amendments. There we go. The Senator yesterday introduced S.1225 for the illegal immigration reform part of his own comprehensive immigration reform scheme under the name of Immigrant Accountability Act of 2007. Probably more immigration reforms bills may be introduced by other legislators before and during the Comprehensive Immigration Reform debate in the Senate next month. As we summarized on 04/22/2007, there have been developing compromises along the lines of key issues which we highlighted in the posting and media start predicting that because of these compromises, the CIR may have a better chance to pass this year than last year.
    Well, we are only inches away from the door steps of May 2007. After all, we should just focus on the upcoming CIR process rather than these piecemeal legislative bills.
    actually there can be no more disappointing news for us, as we sitting at the rock bottom , at the worst things could stay as they are if not improved.
    we also are use to these kind of disappointments from our past experience,
    it does not matter any more how many bills are going to tabled, because ultimately on CIR will have any chance if any for a debate.

    thanks




    kaizersoze
    03-21 12:30 PM
    I just posted this on another thread. I'lls et up a conf call, hopefully this weekend. We need to build some momentum and meet as many lawmakers as possible.

    PS: This post pertains to seattle area congressmen. I'll post a contact list of lawmakers in the northwest region. I noticed that someone from portland als posted here.


    Folks,

    As part of the WA state chapter, we have started meeting lawmakers. We met one congressman last week, are meeting one this friday and another next week and more as appointments get scheduled. I just want to share at this point that the initial reaction was very positive. They are very approachable, and very willing to listen. They understood the pain we are going through and noted the suggestions we made and the provisions that we want them to support.

    I want to point out that although they were aware of the ongoing debate on immigration and the difference between H1B issues and GC issues, they dont fully understand the GC process and how long and how much we suffer in the process. Once they realize this, they look at it differently. The only way they will know is if we go and talk to them !!

    I request and urge everyone to take 2 mins out of their busy schedules and just call their congressmen/senators. Help the core team out. They cannot do everything themselves. IV has all the material ready on the website. All you have to do is spend 30 mins talking to the representatives about it. I am speaking from personal experience. IT GOES A LONG WAY !!

    Once we have met a couple more lawmakers, I'll put a detailed post about the takeaways.




    amdee
    12-23 04:31 PM
    Hi,

    If someone has I485 applied for 6 months for mare than 6 months, can he/she leave the job and join a US school for further studies. Do he/she still need to get F1 visa. Will this have impact on his I485 application.

    thx



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