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  • engineer
    02-28 07:06 PM
    This is the article my wife wrote for her class assignment. thought to share..

    Spouses and Dependents of Legal US Immigrants Should Be Granted Work Visas
    America is known to be the land of immigrants. Immigrants have been a part of American history. There is a lot of debate going on these days on the issue of illegal immigration in various social and political circles. But we also have a fairly large number of legal entrants in America who are officially documented residents. Spouses and dependents of many of these legal U.S. residents are not granted work visas, inherently. Instead they are issued H4 or dependent visas. H4 visa type allows dependents to stay in United States as long as their spouses are legally employed in any organization within the U.S., but they cannot obtain jobs as per the current labor laws. This is a sheer waste of talent for many who migrate to the land of opportunities with a desire to live the American dream. Not granting work permits to the spouses of H1-B work visa holders, makes them feel financially dependent and estranged. Many of these immigrant spouses are highly-qualified professionals with marketable skills but cannot obtain a job, by law, despite being in U.S. legally. By all fairness, dependent spouses should be granted work authorization for the sake of their social, economic and emotional well-being.
    According to the U.S Department of state, �The Immigration and Nationality Act provide several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. Some of these categories include H1-B (person in a specialty occupation), H2-A (temporary or seasonal agricultural workers), L (intra-company transferees), F-1 (students with demonstrated intent to return to home country upon completion of undertaken program) and Q-1 (participants in an international cultural exchange program) visas. With the exception of "Q-1 Cultural Exchange Visitors," a person who has received a visa as the spouse or child of a temporary worker may not accept employment, in the United States� ("Temporary Workers"). Dependents of non immigrant visa holders on H-4, F-2(spouses of student visa holders), and TD (spouses of citizens of Canada and Mexico), visas are directly affected by this law. According to a survey by NADISA (Network of Advocates of Dependent Spouses of America), �Most of these dependent spouses are immigrant women who do not have a penny to their name except by the grace of their husbands. These are some highly educated, well-experienced, motivated young women who are ready to support themselves, but cannot, by law, get a job despite being in the U.S. legally� (Shah).
    The inability to work in the U.S. on H-4 visa status creates a handicap for career minded women. It puts them at a disadvantage of losing several years of professional work experience. Mehreen Arshad, a graduate in commerce from Bangalore, India and an MBA degree holder from a top U.S. business school is one of the victims of this highly unfair labor law. She is on H-4 visa status for the past 8 years. She says, �This never-ending wait for getting work authorization has ruined my entire career. We are in process of getting Green Card (permanent residency status and work permit) for the past 8 years. Despite having an MBA from a U.S business school, I have been denied jobs several times because of my H4 status. Employers tend to prefer Green Card holders over dependent visa holders. Many organizations clearly state in their job ads that only citizens or green card holders can apply. This truly is a waste of talented workforce and expresses social inequality and discrimination towards legal immigrants.�
    With the rising costs of living, education and healthcare in America, not allowing the spouses of immigrants to work is practically like incapacitating them. Every member of the family needs to contribute to sustain financial stability. In a family where one person works and the rest are dependent on one source of income, it sometimes gets hard to make both the ends meet. Dependents of immigrant workers should be granted work visas or they atleast should be allowed to do temporary or seasonal jobs so that they can contribute towards family income to improve the standard of living.
    Dependent spouses often get the feeling of being financially controlled by their husbands. Since they are not the providers or bread winners for the family, dependent spouses are often kept out of the decision making process. They cannot make important decisions in life like buying property, starting a family or business because of the financial instability.
    In addition to the social and economic setbacks, spouses on H-4 often get the feeling of being alienated. Without work authorization, spouses feel that they are trapped in households and domestic life. Without getting a chance to work and ever being exposed to the local community, it becomes difficult for spouses to understand American culture and fit in well.
    Apart from obtaining work permits, dependent spouses are also not issued social security numbers and in many states they cannot even get a driver�s license. Due to all these restrictions, a lot of women on dependent spouse visa status become victims of abuse and domestic violence. �Without the ability to earn money independently from their abuser, battered dependent spouses are not financially secure to protest the abuse, leave the marriage if necessary, or even buy a ticket to return to their home country. Batterers use their financial control to keep victims submissive and often prevent them from staying in status or converting to another status. Without work authorization and the ability to determine their own futures once legally in our borders, many become vulnerable to domestic violence. Once victims, battered dependent spouses find they have no more protections than undocumented immigrants� (Shah).
    �In 2002, President Bush signed into law a bill which allows dependent spouses of L (intra-company transferees) and E-3 (citizens of Australia) work visa holders to obtain work authorization. No legislative reason is given for not extending this basic right to H-4 visa holders� (Shah). The current law prohibiting spouses to work on H4 status does not make sense to many because L and E work visas are exactly the same in nature as H-1B work visa, so it is hard to understand why spouses of H1-B work visa holders are still being restrained from obtaining jobs in United States?
    Anti-immigrants argue that there is a need to protect the U.S. labor market, so dependents of legal immigrants should not be allowed to work. But in case there is a demonstrated shortage of labor in any particular field of work and an individual meets the eligibility criteria, why should he or she be denied a job on the basis of visa status? There is a demonstrated shortage of workforce in professions like Teaching and Nursing in America. �In May 2005, the National Commission on Nursing Workforce for Long-Term Care released Act Now for Your Tomorrow report which found that there are nearly 100,000 vacant nursing positions in long-term care facilities on any given day�( Rosseter). According to National Education Association, �Not only are America's schools experiencing a shortage of teachers, the growth of ethnic and minority student enrollment is creating a critical need for minority teachers to provide positive role models for the students�("Great Teachers"). With the established need of workforce in teaching and nursing areas, dependent spouses meeting the eligibility criteria can be effectively employed in these professions.
    There is also a demonstrated shortage of skilled workers in Engineering and I.T related fields. Few days back Bill Gates, the chairman of Microsoft Corporation commented that there�s an insufficient amount of skilled people in the U.S. labor pool. "Gates argued that, "If the demand is there, why have the regulation at all?" In a statement, Mr. Gates was quoted as saying, "Anybody who's got good computer science training, they are not out there unemployed. We're just not seeing an available labor pool." He further added, "The whole idea of the H1B visa thing is, don't let too many smart people into the country". (Murthy) One way to get around this shortage of skilled workers could be granting work permits to the highly skilled I.T professionals who are already in the U.S. as the spouses of H-1B visa holders.
    In view of the above arguments it is imperative that these highly skilled legal immigrant spouses should be granted the right to work for their socio-economic welfare. Work authorization will not only provide financial independence to these women but will also give them the right to determine their own future in case they are trapped in abusive relationships. Also, these immigrant spouses can be prove to be incredibly resourceful in areas of work where there is already shortage of labor. This would indeed be a multifaceted beneficial pursuit, as not only it would support needs of the dependent spouses in terms of their financial well-being but at the end of the day, it is the national interest and economy enjoying the boost from further skilled input.





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  • superdoc
    09-22 10:00 PM
    I think your plan may work out just fine. I would make a couple of suggestions:

    1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.

    2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).

    3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.

    4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).

    5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
    --If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
    --If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".

    PM me if you have questions about what I said above, and I will be happy to talk to you.

    Good Luck.
    very helpful reply..I guess i will go ahead and take the plunge next year ...who knows if the stars are right we may all be greened soooooon.!

    gave u $$..thanx





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  • nat23
    11-10 12:40 PM
    Immigration is one of the very few issues the President and the Dems agree on. It would be good if this issue gets addressed as early as possible (part of building good faith) before they go back to pointing knives at each other. Which is bound to happen once Dems set up inquiry committees.





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  • wellwishergc
    04-03 11:39 AM
    Admin and bheemi,

    I agree with admin. Lets put our energy towards something positive. Personally, I have not done much towards helping IV. I will try my level best to help in whatever way I can.

    I responded to bheemi's first posting and read his other postings after that, later on. Apologies bheemi!!!

    Sincerely,
    Raj

    All,

    These are highly stressful times and I am sure people did not mean to create trouble when they wrote such message but rather they were merely venting their frustrations.

    We just need to make sure that we're able to convert this energy into some that is positive and useful. Again no offense meant to anyone and no offense taken.



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  • bigtime007
    06-28 12:24 PM
    Does this indicate that all dates will be 'C' in July?

    Maybe this means August VB will retrogress?





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  • ganguteli
    04-01 10:55 PM
    Why are trying to wake up folks who are pretending that they are sleeping?

    Let them pretend.

    This was the same guy who said FOIA can be hung on wall like an art frame because he does not need the data. He does not care a rat's ass if you care about the data or not. When I mentioned that FOIA can also be used for making a presentation to the lawmakers on how deep the retrogression is, FOIA is ok and good. Because, it will possibly benefit him

    Me! Me! Me! Me! Alllll ME!

    Give me my GC IV! I will give you 25-50$ depending on my mood. What ever!

    In his latest post he said he owns 8 houses in USA.
    .... and cannot even contribute $25!! But wants everyone to hear his whines on the forum. Dude if you are serious then show it in your deeds.



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  • shreekhand
    08-16 03:14 PM
    Yes, perhaps people don't post these type of investigations. If you have heard any N-400 issues (from your corporate position) about someone caused by leaving the petitioning employer soon after GC then let us know, otherwise it is one of the rarest of rare issues. My attorney clearly mentioned to me that he has seen no such issues in his long career when someone left the employer soon after.

    Coming back to the AC21...if someone changes to a similar job after 180+ days after filing I-485 and informs USCIS of it and then gets a GC, there is no question of any wrongdoing. If USCIS wants to do their audit investigations I wouldn't care an iota about their investigations as long as I have the right paperwork with me.

    Secondly in a non-AC21 case even if one leaves the job of the petitioning company immedaitely how does the intent become questionable when the person is working for the same company for several (5+) years. On the contrary it would be easy to prove the intent here.


    I'm just curious as to how many postings you see on these boards where a persons case has been denied; DOL/USCIS has visited their home; their visa got cancelled by consultate when h-4 went for stamping; got caught in interview lying; DOL investigating companies, etc...

    People do not post these types of issues on immigration forums.





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  • eb3retro
    12-08 10:19 AM
    Lately i see a lot of new members coming up in the forum, with lots of questions about their problems that they are facing. And lots of good hearted IV members also give their diligent answers for them. One hand I am glad IV is getting new members, on the other hand i am wondering where were these members all these days.

    Please don't get me wrong, As much as I like new members joining in the forum to get answers for their questions, I also would expect them to take part in any the activities or initiatives that IV is undertaking. Therefore I urge, every new member to volunteer in the IV activities and be an active member of IV and be a participating member, so that IV helps you and you help IV. Having said that, new members, WELCOME TO IV, post your questions and I am sure you will get good answers from many good hearts in IV.

    got a red for my post from some anonymous. (comments - just a ,)



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  • gcdreamer05
    03-11 10:46 PM
    Its so pathetic brother.... we are just making fun of ourselves.........

    Can you please contribute for the FOIA drive......

    GC muddu kavala ante 25$ eeevala....





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  • pointlesswait
    12-30 09:38 AM
    nut job...

    that dude must have had some cheap vodka...when he wrote that article.


    Please ignore if it has already been posted. This article looks interesting considering the current economic and immigration situation

    http://online.wsj.com/article/SB123051100709638419.html



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  • amitga
    04-01 03:09 PM
    I donated $25 on Mar 30th, but still I do not have access to Donar forum. How do I become a Donar.





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  • cagedcactus
    11-08 07:30 AM
    hey friends,
    I saw that Logiclife mentioned that the head will be from michigan. I am from michigan and a lot of my buddies also visit this site regularly. Let us know if we can make a difference. Please let us know what can we do to help our cause here. I am ready to drive, meet, talk to any one I can to push things here. I dont know how much of an impact that would be, but even a little can help.
    thanks
    Please pm me with any suggestions or ideas.



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  • spdy_mn
    06-28 12:59 PM
    Does it mean they would stop processing I140 premium applications which have already been sent. My I140 was pending for 6 months and I changed it for premium after the dates became current, it was sent by my lawyer this Monday (25th) and received by USCIS on 26th. Does this mean it will not be processed or does this mean they will not accept any premium processing applications from July 2nd.

    Yours will be processed as you have already submitted. You should receive your decision in the next week. When you do, please let us know that it is approved :)





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  • nashorn
    12-16 12:57 PM
    Please tell your immigration attorney that you will not give him 6 thousand dollar fees but only give $10 because you love money
    Please tell the restaurant you go to for lunches and dinner that you will not pay as per their bill of $50 for 2 people but will only pay $10 as you love your money
    Please tell your wife that both of you will not eat for 5 days and save $100, because you love your money

    If people do not value IV then IV is not the place for them. IV allowed everyone to file I485 in July and get EADs . You are able to get your EAD freedom because of IV and that is priceless.
    You gave perfect examples here. Let's take a close look.

    If you think the atterney fee worth $10, you wouln't hire an atterney asking for $6k. Samething with the restraunt check. Samething with IV contribution. If you think $100 is too high, you don't pay it. But if you think it worth $10 you simply ask for it, like everybody will do. Imagine a car saleman responds to his potential buyer's request to a lower price of a car with insulting remarks, he'll loose this customer and many more.

    And IV ALLOWED everyone ...? You went too far, pal.



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  • waitnwatch
    04-27 11:26 PM
    Isn't this site giving the article on IV more exposure!!!!!





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  • Sree Swathi
    04-21 12:35 PM
    Hello,

    i am lawful permanent resident. I want to bring my parents here permanently. I got nobody in India to take care of my parents.

    When i was small, my parents took care of me. When i need them, they are their for me.

    Now my parents need me. But i am not their for them. I feel very guilty and sad. I want to bring my parents in US. So i can take care of them.

    How can i bring my parents permanently.
    I know, i can bring them after i get citizenship, that is too long wait.

    i just want to bring them now. So they can have good life with me. Anybody know, how can i bring them in US soon.

    i saw some petition signed by many Indians for this request. Can somebody please go forward with this.
    Current president will understand our request and help us. He is very nice and kind person. He loves family and his mother in law lives with his family. He knows values of grand parents.

    Indians live with family, that makes Indian family stronger and less divorce. And Indian kids are well taken care by grand parents. So they are well behaved and best kids.

    We need this permission. Please work together and get this permission.

    I read this in a website. Is this possible? I want to explore all possible steps.

    Please help.
    God bless you.


    Green Card for Parents - Sponsoring Parents for Green Card

    Green Card Process for My Parents (Mother, Father)
    An immigrant (also called a "lawful permanent resident" and Green Card holder) is a foreign national who has been granted the privilege of living and working permanently in the United States. Your parents (mother, father) must go through a multi-step process to obtain a Green Card and become an immigrant. First, the U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant petition that you file for your parents. Second, the State Department must give your parents an immigrant visa number, even if they are already in the United States. Third, if your parents are already in the United States legally, they may apply to adjust to permanent resident status. If they are outside the United States, they will be notified to go to the local U.S. Consulate to complete the processing for an immigrant visa (Green Card).



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  • sanjeev_2004
    08-22 10:42 PM
    Not quite, as I understand it, if your PD is not current, your AOS will continue processing and will eventually get to a "approved, pending visa number" state. You can pretty much be in this state for some time, and then when PD does become current (as happened from May through July this year with the significant shift in PDs in the bulletins) there will be a massive approval rate of all those pending applications.

    USCIS doesn't stop the application process just because your PD is no longer current

    This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)

    "pending visa number" situation never possible now becuase there are sufficient I485 with old pds. PD is base after that every thing is luck.





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  • ivofindia
    08-26 09:29 PM
    River Front Harrisburg branch





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  • sledge_hammer
    01-15 03:27 PM
    I hope you won't offer to buy your potential mugger some beer! He's just going to drink the beer and still shoot you :)

    The smart way is: be nice to him, he'll be nice to you.





    Macaca
    06-15 06:38 PM
    Immigration Agency Mired In Inefficiency (http://immigrationvoice.org/forum/showpost.php?p=72776&postcount=1208) By Spencer S. Hsu (http://projects.washingtonpost.com/staff/email/spencer+s.+hsu/) Washington Post Staff Writer, May 28, 2007





    WeShallOvercome
    07-06 01:17 PM
    Even if we concentrate only on getting our money back, USCIS will be scr..d big time. The total money will be in Billions.



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