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  • JazzByTheBay
    12-17 06:01 PM
    Personally, I think I'm beginning to see the shift in attitudes of young Indians now visiting the U.S. - of course, many will be tempted to stay in due course, and most of us here do truly appreciate what this country has to offer.

    The point I'm trying to make is the comparative state of the nations (both India and the United States), their respective economies, consumer confidence and hopes of their people, is in fact changing mindsets.

    There's no denying that this major shift is well on its way. It's no co-incidence that every single Indian I talked to in the last 2 weeks (temporarily here for education/work/whatever... ) immediately ruled out the idea of making the U.S. their home long-term, or even in the medium/short-term.

    In stark contrast, though, the H1B visas do get used up within hours of the visa lottery being opened... but I wouldn't assume all of those wanting to work here for some time on a H1B visa will want to stay back.

    Again, I don't have statistics to back up the theory - just anecdotal evidence, with a sampling far too small and based on my own personal experience and conversations...

    jazz

    Give them a year or two more, when they have become comfortable with the american lifestyle and facilities we now take for granted (driving on freeways, easy access to libraries, parks to go for a run etc), and they will be probably singing a different tune.

    I came here eight yers ago muttering the same "Will make a few bucks and go back home" line. Still here and living it up :)

    I took up running 6 years ago primarily as i was trying to quit smoking, and also, there was a great running track right outside my house (obviously, free for anyone to use). Then I went to Mumbai last year and decided to go for a run, five minutes into the run and i was being chased by 2 dogs (and i don't mean the cops :p). The point i am trying to make here is. There are things in this country that we start taking for granted. lets appreciate it!

    Another tip i would suggest to keep your mind occupied is to learn a foreign language. Invest in an Ipod if you do not have one already. Download free podcasts thet teach french,spanish, german etc. Listen to it while running. You are doing two things at the same time, staying fit and learning.

    maybe we can have an IV 5K run sometime in the spring if things do not change. just a suggestion..




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  • petepatel
    08-29 05:27 PM
    I140-I485-I765 Filed Concurrently

    My application reached Texas August 10th.

    Check cashed :NO(Checked August 29th)

    Receipts : NO

    Waiting for the EAD as i already had an interview today and i think i m selected.




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  • simple1
    05-04 10:39 PM
    22CFR 42.32 is not INA.
    22CFR 42.32 is not the law.
    INA is the law.


    See the post of "vbkris77".

    The specific law is at: 22CFR 42.32
    (http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)

    And it specifically states that the derivative is entitled to same "classification".

    =======
    (2) Entitlement to derivative status.
    .......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
    =======




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  • rameshvaid
    11-18 05:09 PM
    Dear Mr. XXXX
    Thank you for getting in touch with me regarding the Development, Relief and Education for Alien Minors (DREAM) Act (S. 729).

    The DREAM Act is a bipartisan and narrowly-tailored bill that would allow undocumented immigrants who have completed two years of military service or college to petition the Secretary of Homeland Security for legal permanent residency. These individuals are required to have entered the United States prior to their sixteenth birthday, graduated from high school, and lived in the United States for at least five consecutive years.

    As the Senate continues to work on the National Defense Authorization Act and its amendments, I will keep your thoughts in mind.

    Thank you again for sharing your views with me.

    Sincerely,

    Sherrod Brown
    United States Senator

    P:S: DOES the ADMIN want me to send a response to this mail asking specifically to include the kids of Legals too or wait? Admin pls. reply..



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  • lost_in_migration
    05-01 04:36 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4

    PART 2 [CONTD.]

    (II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.



    (III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).


    (IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .


    (C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.

    (3) Skilled workers, professionals, and other workers.-

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

    (i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.

    (iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).

    (C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .

    (4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .

    (5) Employment creation. -


    (A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--


    (i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and

    (ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).


    (B) Set-aside for targeted employment areas.-

    (i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.


    (ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).


    (iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

    (C) Amount of capital required. -

    (i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.

    (ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).

    (iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -

    (I) is not a targeted employment area, and

    (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).

    (D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.


    (6) Special rules for "k" special immigrants. -

    (A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).

    (B) Counted against numerical limitations in following year.-

    (i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .

    (ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

    (iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]




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  • bkarnik
    02-11 01:13 PM
    Id # 8rj64250st743474y



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  • willwin
    07-28 10:23 AM
    How did I miss this thread for 2 days!!!

    Delax and other EB2 wonderkids here:

    Law is for people and not the otherway around. Law is not like edging on stone (even then the stone can be replaced with a new edging on it) it is like writing on a paper with a pencil that can be erased, altered, rewritten - if required.

    Personal sufferings take priority over skills. Be it on political grounds or humantarian grounds. Else, illegal immigration would not have taken the center stage and pushed you smart kids to the floor.

    There is no rule that says ALL spill overs would be given to higher category before flowing down to lower category. If that was the case, last 2007, not all categories would have become current - as if there were less than 60K applications pending from EB2 as of June 15th, they wanted to give some to EB3 as well. Nope. Law allowed them to distribute the spill over to ANY category they wish.

    It is not insane to issue spill over to EB3 PDs under 2002 and EB2 PDs say 2004 or 2005. But it is insane to issue GC to EB2 PD 2006 (may be 2007 in september if enough VISAs are still pending by 15th of August) and ask EB3 2001 to wait until October. EB2 can have preference but that does not mean they take EVERYTHING.

    And one more thing. It is not easy for everyone in EB3 to change over to EB2 even if they are legally eligible. I can give hundred reasons. Few simple reasons, people may not want to leave their current job as it may be an excellent job/organization/career. May not want to leave their current place due to family reasons. Simple, they do not want to go through another GC process after having waited for 7-5 years! Well these are 'human' reasons which you may not understand as (of late) you believe only in law - which in your opinion - what was that - an absolute entity!

    There is no law without people.




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  • akhilmahajan
    04-08 12:12 PM
    I did my landing this weekend.
    Every thing went smooth both on US and Canadian side.

    I was not asked any questions.
    Just wanted to let everyone know.



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  • dontcareanymore
    08-25 12:04 PM
    I wish they go after the fake companies that acts as GC boutique and also those who "bought" GC from them. (I mean not really bought, but who got GC from a company who originally never intended to work for them or never did). And of course use those numbers for LEGITIMATE cases (I hate to see those numbers go waste).





    lots and lots and lots of h-1b's getting denied. extensions, change of employer, 140's approved, etc. doesn't matter.

    just about all h-1b's getting rfe's and many, many are stuck in "background check". This is just a cop out by uscis where they are investigating companies use of h-1b's (this is reason for slowdown in processing times ) by vermont service center.

    uscis caught many companies in fraud - also consulates - many companies giving internal projects, etc. or fake purchase orders and getting caught by department of state which then forwards to U.S.

    ICE is making visits to consultants homes to verify where they are actually working and comparing to h-1b's.

    Next; investigations will start with greencards.

    I warned last year; that all the noise everyone was making about h-1b's and greencards was going to eventually get hit back by government agencies. Now; we are seeing this.




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  • dreamworld
    11-21 01:14 PM
    I pray God to give you positive strength to fight.

    Please write and meet local congressman, they have special departmant for immigration issues and USCIS has immigration liaison department for congrassman offices. They might expedite your GC.

    Let God be with you and your family.



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  • msily
    07-19 09:36 PM
    I am in
    $200.00 to start. Will definitely contribute more.




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  • rk07
    09-20 10:09 PM
    Seshu,

    Did you file at NSC?


    seshuvaidehi
    Junior Member Join Date: Jul 2007
    Posts: 3




    --------------------------------------------------------------------------------

    Labor Certified in June 2006-India
    I-140 approved Dec 2006
    I-485 filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
    EAD filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
    AP filed on July 23rd 2007 > Checks got cashed > Got Recipt : WAC ###

    How do I check if EAD card has been ordered and/or AP approved?

    Your all are awesome and Thanks to Immigration Voice.



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  • neelu
    05-23 10:49 PM
    Sent emails to each of the senators listed on the first page of this thread using the forms on senators' websites.

    Guys, it barely takes any time to do these simple tasks.

    Look forward to more participation in all IV campaigns.




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  • rangaswamy
    09-14 01:52 PM
    I had filed in Nebraska on Jul 31st. I called and got receipt numbers for all 3 of my cases.
    My 140 was cleared in Texas but current numbers start with LIN.
    All my receipt dates show September 10th when i check online.

    Still havent received any update from my lawyers.

    just a reminder that the rep knows exactly when it was received in the mail room. Some people had said that it might be ok to lie and say its past 90 days even if its not because they wont know when it was received in the mail room.



    Thanks
    Anand



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  • dtekkedil
    07-03 04:22 PM
    Hi Everybody

    I'm almost at checkout for sending flowers. Interestingly I noticed that there are other forums where people are discussing the immigration issues and also where people are effected.

    Lets make it a massive campaign. We can have a link on the immigration voice home page with exact details on the address and date (final) and impress on people that it shall work.

    I noticed that many Chinese use other forums in Chinese language. In fact I requested one of friends to post these details in their forum as well. May be each one of us can forward the details to others by E-mail or other wise. Try to make 10th July as big day for USCIS leaving all document packages aside but busy handling the roses.

    Media would definitely be happy discussing the approach for days and in way discuss the issue as well.
    Flowers do bring smile and a little bit of introspection to every one.

    Lets do it big way.

    Thanks

    Lets do it! July 10th is the delivery date.

    Some florists (FTD for example) do not deliver on Mondays (I guess they.. like Garfield.. HATE Mondays!).

    We need the IV Core people to put links up on the main page... None of them seem to be awake right now!

    For now... just spread the word... order your flowers.. and watch as USCIS's office turns into a beautiful garden on July 10th




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  • ski_dude12
    08-27 01:36 PM
    I really find it amusing how expectations change. Before getting GC it everyone was wishing for approval.

    Now after approval, you are equating happiness to how your name appears on the card? Come on.. give me a break.

    Look at the big picture that you have the GC approved. All these other things are trivial.

    Hi All,

    Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
    We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.

    Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.



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  • 485Mbe4001
    10-27 02:10 PM
    I agree with you on this kaka. I heard Ed Royce speak yesterday on how the house forced the fence bill without amnesty and how they plan on killing that bill. He even talked on on how they managed to force the president to have a pulblic ceremony to sign the bill instead of a small private one that the white house wanted. There is little hope that he and people like him will ever vote on anything that supports our requirements, even if the democrats win the house they will need lots of republican support to pass anything. Skill will always be linked to CIR.

    Dont worry . it is not going to pass




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  • PD_Dec2002
    08-15 06:38 PM
    FYI...

    My friend and his wife received Receipt Notices for 485, EAD and AP on August 10, 2007. The Received Date (when application reached NSC) was June 25, 2007. And yesterday (August 13, 2007), his wife's EAD was approved. They still haven't gotten their FP notices as yet.

    BTW, their packet was transferred from NSC to TSC since the I-140 was approved from TSC. It appears TSC is faster in processing EADs/APs than NSC.

    Other details: I-140 was PP-approved from TSC in June 2007 and the application is EB2.

    Thanks,
    Jayant




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  • TheOmbudsman
    06-26 10:32 AM
    That's very typical. A while back an employment lawyer here in America told me that during negotiations with a picky employer that in case I felt left out at work, I should argue that the employer was being racist. Usually when people lose arguments in this debate, since one cannot win with reasoning, they start throwing the word "racist", "xenophobe", etc even if that is not the case at all.


    Its not about stereotyping...its about being fair....how can people who have come here illegally be allowed a path to naturalization while we have been waiting in line for so long? I came here because I had a certain idea about the makeup and composition and ideology of this country (liberty, equality, etc.) Making such a move will invariably change the demographic of the nation. Now that would be an intentional act. Not the natural pace at which migration/assimilation and diversification occurs. I have nothing against that.

    Would somebody call you racist if you say that you dont want to move to a ghetto because the standard of living is not good? NO. The fact that you dont want to move to a ghetto does not mean that you are prejudiced about the people who live there.

    The statement about corruption and inefficiencies is not slander but just a simple observation. If you dont agree with that, then most likely you would prefere to live in/immigrate to some Latin country instead of being here/coming to USA.

    I wont open the argument about the burden the illegal people will put on welfare etc. considering that they are typically from a income bracket that does not contribute much to taxes.

    It is very easy for people to use a cliched terms like racist/bigots etc when arguing for amnesty but if racism was the core argument against amnesty, one would not see the kind of backlash that one is seeing from the masses after CIR was introduced.

    All Americans think it is unfair to reward behaviour that is against the law. Not to mention the fact that they will have to take the burden of welfare of the legalized illegal people while they themselves dont know if there will be any welfare/social security benefits available when they are ready to retire.

    If you calling someone racist, please explain why you are saying so.

    Santosh




    abhijitp
    11-21 05:09 PM
    I am shocked after reading this thread and even cried .We will pray for your well-being .Don�t loose your strength and believe in GOD.

    Dear Members,

    If Mehul needs some financial help can we gather together to help our brother? So that he don�t have think at least on this front. Please suggest senior members/IV.

    I second that idea.
    We should let Mehul decide, and help him in any way we can!




    gcspace
    10-12 03:27 PM
    My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.

    Please don't miss this chance:
    Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless. Not for today nor for future.

    USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D

    Can you please give some details on sending delivery notices to CIS Ombudsman office. Address ? Fax ?



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