Sunday, June 19, 2011

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  • go_guy123
    09-14 03:58 PM
    we have close to 200 votes... I never imagined the % will so much higer..... around 80%...

    Thanks again.

    Those 80% who bought homes, a whole lot of them have been able to survive because of the July 2007 fiasco. Without EAD it would have been a totally different ballgame.

    Also a lot bought home in pre-credit crisis era when 5% down etc was available. But now 10% or if not more is the norm. So you will have a lot to lose if you default or leave country.

    A friend of mine who got GC in end-2006 was discussing with me in 2008 whether to buy or not (he did not buy at that time...I don't know now in 2009 whether he has bought or not). The reason is that just because one has GC does not mean one has to commit stupidity when prices were plunging.

    One needs to weigh all options. I see no GC in the horizon for EB2/3-India for non-EAD people. The political equation is stacked against EB2/.
    House prices wont recover for many many years. The early 90s correction took a decade to recover.

    If you are not on EAD and your pd is in 2006 or later, then it makes no sense to buy a house financially (though it is a ok time if you have EAD/GC but can wait more).





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  • h1vegas
    06-25 03:56 PM
    While I Wrote The Check For Ead Renewal
    I Wrote It To Department Of Homeland Security And Not
    Us Deparment Of Homeland Security
    Is It A Big Problem

    Just an update guys ..checks cashed today
    ( sent to DEPARTMENT OF HOMELAND SECURITY)





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  • vina92
    02-23 03:31 PM
    What our wonderful Rehman said were not simple words but very powerful. All our lives
    we have the choice between love and hate. He chose love over hate and he reached the pinnacle of his career. It's a great honor to be recognized by the best of the artists in the world, as the greatest. It's no simple feat. It takes lifetimes to get there!

    It's a beautiful message said in simple terms and all of us should try to follow it!

    He made India proud at Oscars and all Indians are very proud of him. Time to rejoice.
    He did prove that music and art have no barriers.

    I am also proud to live in such wonderful country who are open to any new talent and do not hesitate to honor anyone irrespective of their color,race and religion.
    I wish all countries take inspiration from it.





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  • lord_labaku
    04-15 10:44 AM
    There are more important things in life than job or money. One such thing is having a kid & having a family.

    Good luck to you & your future baby.



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  • p_aluri
    06-18 12:49 PM
    They have stopped issuing Interim EADs.


    THis thread is confusing a lot of people. My understanding in once 1485 is pending , one can to county office get EAD card after a month. Gurus please input your comments





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  • eb3_nepa
    06-28 02:12 PM
    This is wrong. EAD can be issued when both of the following conditions MUST meet:

    I140 has been approved
    I485 application is 180 days old


    UTTER NONSENSE

    You become eligible to file for the EAD/AP THE day you become eligible for AND actually file for I-485.

    HOWEVER your 180 day calendar Begins ONLY WHEN Your I-140 has been approved AND your I-485 application has been pending for 180 days. That after 180 such days can you change ur job and ur application for Permanent Residency is NO longer dependant on the employer through whom you filed your GC.

    Guys PLEASE do not give advice authoritatively unless you know what you are talking about.



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  • qplearn
    10-11 01:54 PM
    I can categorically state that once a category retrogresses, any I-485s with PDs later than the cut-off date DO NOT get approved.

    This happened to 1000's of us in EB3 in 2005 when EB3 RoW became 'Unavailable' after we had concurrently filed I-140.

    Now, this does not mean that processing stops (I got 2nd fingerprinting, etc), it just means that the I-485 cannot be approved until PD is reached. Since my PD (03-may-02) has now been reached, my approval is mere weeks away --- because processing continued up to the point of approval.

    Now, Schedule A's of course, benefit from being able to look at TWO categories (Schedule A and either Eb2 or EB3, depending on how their I-140 was slotted). Whichever of these has a cut-off after their PD, will be the category they get approved under.

    Assuming you get your 485 approved in a week or two, can you tell us how long it took for them to process your 485? If you tell me your receipt date of 485, that will be sufficient. Thx.





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  • anilsal
    11-09 10:53 AM
    I think we should wait for the lame duck session to finish, to make any predictions. Because if there are any new last minute stunt on anything non-immigration, then for the next 6 months or so for the new house, they will be discussing this new stunt. Immigration will take the backseat.



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  • chandru118
    09-10 03:12 PM
    When I checked the status of my FOIA request in the USCIS website, it says that it was processed on Aug 30th. But I have not received anything in the mail. How long does it take from processed date to get info in the mail? Can anyone share their experience?





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  • eastindia
    05-18 08:51 AM
    Best way to get more immigrants to participate in advocacy efforts by immigrationvoice.org for legal immigration is by communicating to international student organizations of various universities around virginia, maryland, washingtondc,west virginia north and south carolina. Arranging busses for the students is not a bad idea. Students once convinced why they need change in current immigration reforms for employment base legal immigrants will participate in huge numbers to attend the advocacy efforts done by immigrationvoice.org as they have more time in hand

    What will students get out of it? Their Green cards are not stuck? Are you offering them H1B visa that they desperately want? They do not care about Green cards. They only care for scholarship, a job after graduation and H1B sponsorship from the employer. You are offering nothing from this list.

    People whose green cards are stuck should come rather than outsourcing to students?

    If we cannot help ourselves and stand up for ourselves, nobody else would.

    I am trying to take at least a day off from work. I would lose money from my wages if I take day off but I am ready to lose money for the sake of doing something good for myself and family. Others who are sitting on their armchairs should also consider coming to DC if they want their greencards.



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  • hebbar77
    11-14 08:26 PM
    as far as I know, you paying for H1b is not correct and is illegal and they will be accountable for this. Secondly, I heard the contract dont stand in court, especially when they are rude.

    I think you have an option to report this employer to DOL/USCIS, for charging you the H1b expense. Companies should sponser H1b only when they genuinely need and can pay for the expense!

    I am not a lawyer, so I recommend you consult one. Also feel free to communicate this issue to your employer and I guess you will be on your own!





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  • vin13
    07-31 02:09 PM
    http://www.uscis.gov/files/article/Immigrant_Visas_30Apr08.pdf

    See for your self what Pre-Adjudication means. Its literally conditional approval......

    Pre-Adjudication is just a work flow method and not a policy. There is a high chance that a pre-adjudicated case may just get an approval when the visa numbers are available. But, who knows, they may have reasons to still issue an RFE requesting employment verification based on certain triggers such as change of address, over a year since case was pre-adjudicated etc.

    So we may not be able to say for certain that all Pre-adjudicated cases will be approved when visa numbers are available.



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  • Lasantha
    08-22 02:21 PM
    My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...

    Does anyone know what the legislation is?

    I don't think so. Your PD is still relevent. Only those people whose PD is current will get their GCs no matter what the RD is.





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  • aadimanav
    08-22 10:42 PM
    I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.

    The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.

    To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000


    To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.

    Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)

    Thank you.



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  • waitingnwaiting
    05-31 08:26 AM
    ‘(C) qualified to be a candidate country due to special circumstances, including natural disasters or public health emergencies.

    ‘(2) ELIGIBLE ALIEN- The term ‘eligible alien’ means an alien who--

    ‘(A) has been lawfully admitted to the United States for permanent residence; and

    ‘(B) is a physician or other healthcare worker.

    ‘(c) Consultation- The Secretary of Homeland Security shall consult with the Secretary of State in carrying out this section.

    ‘(d) Publication- The Secretary of State shall publish--

    ‘(1) not later than 180 days after the date of the enactment of this section, a list of candidate countries;

    ‘(2) an updated version of the list required by paragraph (1) not less often than once each year; and

    ‘(3) an amendment to the list required by paragraph (1) at the time any country qualifies as a candidate country due to special circumstances under subsection (b)(1)(C).’.

    (2) RULEMAKING-

    (A) REQUIREMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out the amendments made by this subsection.

    (B) CONTENT- The regulations promulgated pursuant to paragraph (1) shall--

    (i) permit an eligible alien (as defined in section 317A of the Immigration and Nationality Act, as added by paragraph (1)) and the spouse or child of the eligible alien to reside in a foreign country to work as a physician or other healthcare worker as described in subsection (a) of such section 317A for not less than a 12-month period and not more than a 24-month period, and shall permit the Secretary to extend such period for an additional period not to exceed 12 months, if the Secretary determines that such country has a continuing need for such a physician or other healthcare worker;

    (ii) provide for the issuance of documents by the Secretary to such eligible alien, and such spouse or child, if appropriate, to demonstrate that such eligible alien, and such spouse or child, if appropriate, is authorized to reside in such country under such section 317A; and

    (iii) provide for an expedited process through which the Secretary shall review applications for such an eligible alien to reside in a foreign country pursuant to subsection (a) of such section 317A if the Secretary of State determines a country is a candidate country pursuant to subsection (b)(1)(C) of such section 317A.

    (3) TECHNICAL AND CONFORMING AMENDMENTS-

    (A) DEFINITION- Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) is amended by adding at the end the following: ‘except in the case of an eligible alien, or the spouse or child of such alien, who is authorized to be absent from the United States under section 317A,’.

    (B) DOCUMENTARY REQUIREMENTS- Section 211(b) of such Act (8 U.S.C. 1181(b)) is amended by inserting ‘, including an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘101(a)(27)(A),’.

    (C) INELIGIBLE ALIENS- Section 212(a)(7)(A)(i)(I) of such Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting ‘other than an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘Act,’.

    (D) CLERICAL AMENDMENT- The table of contents of such Act is amended by inserting after the item relating to section 317 the following:

    ‘Sec. 317A. Temporary absence of aliens providing health care in developing countries.’.

    (4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to U.S. Citizenship and Immigration Services such sums as may be necessary to carry out this subsection and the amendments made by this subsection.

    (d) Attestation by Health Care Workers-

    (1) ATTESTATION REQUIREMENT- Section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is amended by adding at the end the following:

    ‘(E) HEALTH CARE WORKERS WITH OTHER OBLIGATIONS-

    ‘(i) IN GENERAL- An alien who seeks to enter the United States for the purpose of performing labor as a physician or other health care worker is inadmissible unless the alien submits to the Secretary of Homeland Security or the Secretary of State, as appropriate, an attestation that the alien is not seeking to enter the United States for such purpose during any period in which the alien has an outstanding obligation to the government of the alien’s country of origin or the alien’s country of residence.

    ‘(ii) OBLIGATION DEFINED- In this subparagraph, the term ‘obligation’ means an obligation incurred as part of a valid, voluntary individual agreement in which the alien received financial assistance to defray the costs of education or training to qualify as a physician or other health care worker in consideration for a commitment to work as a physician or other health care worker in the alien’s country of origin or the alien’s country of residence.

    ‘(iii) WAIVER- The Secretary of Homeland Security may waive a finding of inadmissibility under clause (i) if the Secretary determines that--

    ‘(I) the obligation was incurred by coercion or other improper means;

    ‘(II) the alien and the government of the country to which the alien has an outstanding obligation have reached a valid, voluntary agreement, pursuant to which the alien’s obligation has been deemed satisfied, or the alien has shown to the satisfaction of the Secretary that the alien has been unable to reach such an agreement because of coercion or other improper means; or

    ‘(III) the obligation should not be enforced due to other extraordinary circumstances, including undue hardship that would be suffered by the alien in the absence of a waiver.’.

    (2) EFFECTIVE DATE; APPLICATION-

    (A) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this Act.

    (B) APPLICATION BY THE SECRETARY- Not later than the effective date described in subparagraph (A), the Secretary of Homeland Security shall begin to carry out subparagraph (E) of section 212(a)(5) of the Immigration and Nationality Act, as added by paragraph (1), including the requirement for the attestation and the granting of a waiver described in clause (iii) of such subparagraph (E), regardless of whether regulations to implement such subparagraph have been promulgated.

    SEC. 3. NURSE TRAINING AND RETENTION DEMONSTRATION GRANT ACT OF 2008.

    (a) Findings- Congress makes the following findings:

    (1) America’s healthcare system depends on an adequate supply of trained nurses to deliver quality patient care.

    (2) Over the next 15 years, this shortage is expected to grow significantly. The Health Resources and Services Administration has projected that by 2020, there will be a shortage of nurses in every State and that overall only 64 percent of the demand for nurses will be satisfied, with a shortage of 1,016,900 nurses nationally.

    (3) To avert such a shortage, today’s network of healthcare workers should have access to education and support from their employers to participate in educational and training opportunities.

    (4) With the appropriate education and support, incumbent healthcare workers and incumbent bedside nurses are untapped sources which can meet these needs and address the nursing shortage and provide quality care as the American population ages.

    (b) Purposes of Grant Program- It is the purpose of this section to authorize grants to--

    (1) address the projected shortage of nurses by funding comprehensive programs to create a career ladder to nursing (including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses) for incumbent ancillary healthcare workers;

    (2) increase the capacity for educating nurses by increasing both nurse faculty and clinical opportunities through collaborative programs between staff nurse organizations, healthcare providers, and accredited schools of nursing; and

    (3) provide training programs through education and training organizations jointly administered by healthcare providers and healthcare labor organizations or other organizations representing staff nurses and frontline healthcare workers, working in collaboration with accredited schools of nursing and academic institutions.





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  • gc_mania_03
    10-14 05:59 AM
    AP Filed/Reciept date: June 1, 2010
    Created an SR request : ~ September 20, just got standard email saying Intial Review is still in progress.

    We have an Info-pass appointment tomorrow. We chose the 45 day not response option. Not sure if that is ok when we get there.

    Is there anything else I need to know before I meet a rep during the Infopass appointment.

    We plan to take all relevant documents, along with a copy of email from a conference in Canada where my wife is invited.

    Any input will be great.

    -Thx



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  • jkays94
    04-26 11:07 AM
    Excellent job, great article! Just an observation that it may have helped if the article had also mentioned that IV members also come from several other countries.





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  • sanju_eb3
    04-25 09:01 PM
    What are the downsides of the point based system?
    - The bill may take too long to shape-up and implement; thus holding off any meaningful reform to address the current retrogression problem.
    - Others, please list

    What are its advantages?
    - No need of lawyer
    - Employer independent (Is it true?)
    - Others, please list





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  • StarSun
    05-14 07:59 AM
    Thanks to members who are offering miles to buy air tickets for others, and for coming forward with donations to cover costs of travel and hotel. And to our DC/VA/MD members for hosting out of town members.

    However, we still need more such offers, so please come forward on this thread.





    meridiani.planum
    01-15 12:57 PM
    my friend, pretty much every place in US in unsafe.

    from the news: "The motive behind the killing is not known but Murthy, an official of the state-owned Bharast Sanchar Nigam Limited (BSNL), quoted Vishal's friends as saying that some African Americans shot him after an altercation. "

    Not to disrespect the read, but people should realize what they are getting into before they get into arguments or brawl. This is not India.

    yeah.. I was also thinking about this recently. In India if you get into a scrape its a punch (or two, or three) and people part ways. Here its likely (depending on where you are) the other person will draw a gun.

    I tried to apply for a firearm license, but atleast in CA apparently they allow only citizens and permanent residents to apply for one. That sucks. For tax purposes I am a 'permanent resident', but not if I want a firearm to protect my family. The 2nd amendment applies only to citizens!!

    So another reason to keep looking at the visa bulletins now. Once i get a GC I buy a house and get a gun. The american dream. ;-)





    sc3
    11-14 10:52 PM
    But the thing is how i am gonna prove that i am paying money every month $500 for my H1. In my Pay stub they are saying "CASH ADVANCE DEDUCTION" = $500

    When you "joined" them what was your situation? Were you previously on H1? When did you learn the fact that employer is not supposed to ask for money from the employees? If you knew these facts before you joined, and you joined them because of your situational needs, you may be considered a party to the fraud yourself. So if you did know about these situations beforehand, it is in your best interests to stick around till the contracted period and then decide on your next course of action.

    Your recourse to the law will be only when you are without guilt, from most of my understanding of how "desi blood suckers" work, they are not the only one taking advantage of you. In most, if not all, cases, people joining them do so because of their weak situation.



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