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  • go_guy123
    02-24 01:20 PM
    Dont assume that people who gone back to India and working a manager are living happily without any issues.
    One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.

    Very coreect uma...you can forget career growth in India without a MBA degree.





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  • saimrathi
    07-06 11:08 AM
    I like your analogy...

    I agree with you 100%.

    The material damages to would-be July filers are a travesty. That is undeniable and deserves, at the minimum, material compensation.

    But making the bulletins current in the first place, instead of a making a measured movement in the priority dates was like trying to fill a glass of water with a firehose. Broken glass and severe water damage were sure to follow.





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  • virtual55
    07-11 11:35 AM
    In VA can we extend Driving License with receipt notice of h1 extension .





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  • va_dude
    04-27 07:52 AM
    Check the forums for a link to a document that indicates that Banks do accept EAD, etc.

    I have refinance with BoA and it went thru just fine. I tried to find the correct link but haven't found it yet. If i do, i'll send it across.

    But do a forum search for refinance, etc.



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  • baleraosreedhar
    06-24 11:03 AM
    I would like to add some points where America is loosing

    1) Less number of students are willing to come to USA as they are not seeing any future due to H1 lottery system and they have to wait for one year to apply in the 20K category as they getting rjections in applie din april as they will be graduating in june timeframe.Students are not getting jobs as there are very few companies ready to sponser them.So a long time career settlement options for students is diminishing here in USA as they cannot get GC in 2-3 year timeframe and lot of companies are not interested in wasting their resources on H1 and then applying GC for prospective students.So all these student with bright ideas are looking elsewhere like australia,germany,Uk for their education and reasearch and residency.So american is loosing their future research scientists to other countries.


    2) Career Advancement :

    Lot of H1bs converted to EAD are facing these issues, they are not able to plan for their future properly as they are not sure when they will get their GC and the moves they are making now is it acceptable to USCIS, will the next job fall into the same category as Labour or USCIS will accept the career advancment theory.So they are in jeopardy weather to take a new job and take chance or stick on to the old job.As due to this issue even though he may be dreaming of biggest technological breakthrough/Biggest supply chain enhancement/ reveloutionaly marketing spin off , he will not dare to realize his dream as he himself is not sure of his position here in US, which in turn might have helped thousands of people gaining employment and in turn helping economy.So this constant issue of settlement may force the propective employer to leave his brilliant idea and move back to his home country.

    3) Peer pressure:
    As GC applicants are not able cherish their dream in the applicable timeframe they are constantly exposed to peer pressure to look out for other avenues for their career growth and settlement.





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  • Lollerskater
    05-01 01:58 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.

    The meeting really saddens me though. That is the extent of anyone's power to get USCIS moving? Just hinting to King that the congress is displeased?

    I mean I'm pretty sure King is gonna just shrug it off. Listen to how deluded the man sounds. He thinks USCIS is doing a great job, what with all that bragging about efficiency. Obviously he doesn't realize he's standing there, in that meeting. because the efficiency he's bragging about is clearly NOT ENOUGH. In fact, it's pretty much shitty.

    To make things worse, those people in there are controlling the fates of thousands of waiting applicants. And they don't even seem to know the difference btw H1 and 485.

    I don't want to just go on feeding this negative train of thought. I just wish something more effective can be done. Isn't there a better solution?



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  • cjain
    08-12 04:28 PM
    i thing this will have the opposite impact...these companies will not file because it will become cost prohibitive....so the question is ...where will the money really come from?





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  • ski_dude12
    09-27 10:25 AM
    One of my co-workers had similar situation. He had PD in 2001 on EB3.

    He talked to his employer to port to EB2. Porting process/approval took about a year but after that it took only 2 months to get approval.



    You should be able to switch from EB3 to EB2.

    Put pressure on employer or get some other company (reputed one) to take a AC21 and start processing EB2.



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  • vkannan
    03-06 05:33 PM
    Few observations based on thread postings
    1) Last year around this same time not many RFE/LUD were seen.
    2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
    3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.

    Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.

    Just my observation. Any input is appreciated.

    To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
    a) LUDs
    b) Name Check 180 days rule
    c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....





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  • vrbest
    03-10 07:26 AM
    I would say we all need to know our status well first :) There is no such status as EAD. It is Adjustment of Status (AOS) Pending. I had done multiple refi and all I had to tell them is GC pending. They get copy of EAD just to have a reference that I am legal here at the time of application (since it has an end date). Had no issues so for.

    I think the key is the person approving the loan needs to understand immigration to certain extent. Its important that we let the officer know up-front about our immigration status so that there are no assumptions and surprises.



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  • ajay
    03-22 12:23 AM
    I am in a bind now, appreciate any advice,

    I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.

    My question is

    **Can my son come back on H4 even though I use my EAD to change jobs ?

    **Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.

    Thanks in Advance





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  • DDLMODES
    07-06 08:37 AM
    Guys...digg this one religously..
    For the first time one article connects our needs to what Americans are interested in; Homeland security.


    Guys, not to say that they should approve cases without background check but are you sure this will not turn against us if they associate USCIS being efficient (approving cases faster) with them taking shortcuts and give GC to people who are a threat ??

    Everybody here wants some of those "reserved" (already taken for cases not yet approved) visas to be available again but nobody thinks what this will do to us in the long run because some might read the news and conclude that USCIS just gives green cards to people that might be a threat.

    As for my angle on this, I did not file yet so I have no case pending waiting to be approved....

    :(



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  • bpratap
    05-28 06:34 PM
    Fha





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  • baburob2
    03-09 09:22 AM
    Title 1 amendments are done and have moved to Title 2 for discussion. The ones important to us is in Title 4,5.



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  • bijualex29
    07-05 12:11 PM
    I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.

    We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.





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  • bigboy007
    06-03 01:35 AM
    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.

    *******************

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.



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  • hazishak
    07-18 07:22 PM
    what happens when dates retrogress? If my PD is 2000 Jan (assume) and some one else has 2001 Jan (assume) with RDs July/2007 and Mar/2007 respectively and in August 2007 PD cut off date went back to 2000 Feb (assume) then does it mean that 2000 Jan PD is ineligible to get the adjudication before the guy with PD 2001 Jan because the RD is later for this case? Again if the answer to this question is yes then ,when the PD is set at 2000 Feb why are they accepting new AOS apps which satisfy this PD cutoff date because if they process by RD(at all times) they are not likely to consider these for adjudication anyway? Is it just for our benifit that we can get an EAD? If I go down this path I donot understand the purpose of the whole PD in this process.

    The thing I am trying to understand is 'if PD is not significant in AOS why is it there at all in the visa bulletin'. If RD overrides the PD at the AOS stage then instead of specifying a PD in the Visa bulletin they can just say that

    "We are accepting new AOS applications" and then adjudicate them in the order of the RD.


    These are all just my thoughts and am trying to put them together. I may very well be wrong in my basic understanding of this process. Thank you for your previous reply. That was helpful.

    In your case you will get the percedence over the 2000 PD. His is PD is not curent at time of processing. If the cut off date is after 2001 which means both are cuurent then the later guy will take precedence since his RD is earlier than your's.





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  • inspectorfox
    09-25 10:11 PM
    No extension yet... DL expires on Friday. I will have to figure out how to go to work, take care of my family without driving the car.





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  • superdude
    07-18 03:04 PM
    This would suck for older priority dates.

    My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
    So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...

    Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.

    ...
    That requires sorting of the application by PD. But the SOP does not mention anywhere about the PD Sorting. I am sorry for you guys.





    GCard_Dream
    01-03 03:47 PM
    May be we need to start a immigrationvoice.org in India as well to address these issues. :D

    Seriously, I had never thought about these things, specially when you have a citizenship. There may be such a few number of people going back after getting US citizenship that it's probably not even considered an issue but worth a discussion.


    As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
    - if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
    - if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?





    snathan
    02-09 10:24 PM
    Sure. I feel sorry for you. My family doesnt live off my money nor my inlaws :) and no body has ever asked me for it. Gifts sure. I buy them myself. Not that they expect it :)

    Well. Your parents and in laws may not need your money. But defintely IV needs it. So contribute at

    http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000



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