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  • leoindiano
    05-30 05:21 PM
    done.

    Full text here..

    http://www.govtrack.us/congress/billtext.xpd?bill=s111-1085





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  • GCInThisLife
    07-19 02:09 PM
    Thanks for finding the link. I remember reading it some time in the past, but couldn't find it.

    dpp, Please read through my wifes case above and in your 'opinion', will there be a problem?

    Q : Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.


    Check this.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD





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  • anilsal
    07-20 11:06 PM
    E-Filed: May 30th, 2008
    FP: June 26th, 2008
    Card Production: July 23, 2008
    Card Mailed: July 25, 2008
    Card Received: July 28, 2008

    2 year EAD. Starts day of approval. Loss of 2 months.





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  • gc28262
    03-27 09:59 AM
    1. This is what I don't understand. The original discussion was that getting an EVL is a bother. Now are you saying there should be another document people would need to apply for as proof of identity? Wouldn't that be an even greater bother?

    2. Now, since the drivers license is used as proof of identity, it is necessary to ensure that criminal elements do not get it. Which includes illegal / out of status immigrants who could also be a security risk. Employment verification ensures that the person holding the H1 or H4 visa is in valid immigrant status. Which is why they ask you for the EVL even while stamping the visa. That is the security angle. Seriously...this is all fairly obvious stuff. The govt just wants to make it difficult for illegal / out of status aliens to get a drivers license. What is wrong with that? The funniest comment on this forum from somebody who was ruing that he couldn't bribe someone here for a license like he could do in India. Really? Do you want people driving on US roads who bribed their way to a license?

    1. Were n't you concerned with the security of this country. Have one more Id in your wallet. How does it matter? You are ready to do whatever this country asks you just because you are a non-immigrant.

    2. Again I don't get your reasoning. How does immigration status verification ensure the security of this country ? Come up with some logical points.

    Do you know that there are citizens from terror breeding countries roaming around in this country as citizens ( because they are not subject to country quota), whereas people from democratic countries like India being subject to all kinds of discrimination just because we are non-immigrants ( indirectly because we are subject to country cap) ?

    It took a Martin Luther King to liberate blacks from slavery.
    It took Mahatma Gandhi to get Independence for millions of Indians.

    I am not assuming all individuals will have the same level of dignity and self respect. If you lack enough self respect, you will probably say US can ask us to wear a chain around our neck just because we are non-immigrants.

    This reminds me of Adoor Gopalakrishnan's movie Vidheyan.

    http://en.wikipedia.org/wiki/Vidheyan

    Thommy, a Christian migrant labour from Kerala is an obedient slave of his aggressive, tyrannical landlord Bhaskara Pattelar. Thommy obeys all the orders of his master, whether it is to make his own wife sexually available to his master or in killing Pattelar's kindly wife, Saroja. When Pattelar escapes to a jungle, due to his own deeds, Thommy escorts him like a pet. But when Pattelar gets killed Thommy exults in freedom.



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  • Kushal
    11-21 02:48 PM
    That's very true. Shame on us for being lazy and waiting for the right moment.
    The 16th district teams needs to be more re-united. I will talk to digital2k and arrange to meet Zoe in few days.


    I don't know how many of you have actually visited DC offices and spoken to Congressional Office staff in person (not just sending E-mails or letters). I have been there, and done that. And I intend to continue to do that for myself, my family and the community..

    Let me tell you this, if there is anything related to immigration - whether Visa recapture or increase in numbers - it will be with CIR. There was a slim chance for piecemeal legislation in the 110th Congress. There is almost none in the current Democrat-dominated Congress. This is the political reality we have to live with.

    The question I was asked by the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help? Why aren't we hearing about from our constituents? Why is it always 'the outsiders' approaching us? Why aren't they visiting us? Why aren't they writing letters to us?'. So many questions with no answers!

    Fact of the matter is our community cannot get what it wants unless we willing to pull our butts off the couch and do the dirty groundwork. Just the 50 or so of us dedicated IV leaders cannot work miracles.

    We don't have any magic spells or potions in our pockets. We need your help to succeed.





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  • willwin
    06-05 09:59 AM
    I am not sure. Here is what my opinion is :


    I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.

    Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.

    I am sorry but I don't agree with you.

    He never said he was running a charity for immigrants or an active supporter of IV.

    Despite, he has been helping several immigrants with very apt and prompt replies to several questions (most of them very basic and repetitive) and if that is a way to attract new clients, I don't see anything wrong in that approach. After all, it is his business and he is using his own website to promote his business!

    Above all, his views on USCIS is very logic to me especially his way of reasoning retrogression. He says VISA cut off date movement is inversely proportional to USCIS efficiency. The higher their efficiency, lower the movement and vice versa.



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  • gcgreen
    08-11 06:26 PM
    IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.

    One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.

    So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.

    Then again, I am not a lawyer and all that...

    How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?





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  • django.stone
    11-06 03:43 PM
    If there is a fire in the house regardless of how you arrange furniture at least some of it will get burnt.
    So stop giving advice like these and focus on extinguishing the fire.

    I was not giving advice. I was clearly requesting "Please guys, let's not fight" and trying to divert the conversation to a logical discussion about horizontal spillover helping I & C. My conversation with him did end in a civil manner.

    In the mean time a random passer by like yourselves comes along and stirs the pot again, when the fire was just about to be extinguished. If you don't like my argument, debate it, we all love good debates here and most often we learn from each other. Don't just attack. My only and last post on this topic.



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  • nixstor
    09-01 10:39 AM
    It is not true that Many people have to wait 10+ years to get gc. May be some people might wait for 10 years because of frequent change of jobs , layoffs and also ignorance of green card processing. Most of the time EB2 waiting time is 2 to 3 years. Indian EB3 is in worst situation but only for past 2 years and before that everything was current. For that also most waiting persons filed I 485 because of July VB issue. In my opinion EB3 PD will be backdated up to 5 years.

    Also there is no legistrative activity in Congress about any immigration issue. Always skil bill comes in limelight when congress is in Session. But everyone knows that skil bill is asking too much in H1b and immigration numbers because of exemptions and it will be very difficult task. But no one in pro immigrant community is ready to compromise on numbers. When Congress tries to curb the abuse of H1b even pro immigrants are opposing the bills without any suggestion of any alternatives. If some bill comes for only GC that too moderate increase in numbers that will have bright chance of passing in congress.

    You should not expect any rally will produce meaningful reform. It has to be proved that additional immigrant and H1b numbers will produce more jobs and it should not create unemployment in americans.Just sufferings of gc waiters is not enough. My opinion is Rally will be used to show strength of IV and may educate public and Congress. But anti immigrants also doing Similar Campaign(not big rallies) by negative points of immigration. The same congress till the end of 2008 and I doubt they will consider any immigration issue till new congress comes in 2009 that is not too far from now. But it is always good to try all the time.
    Before any reform comes most IV members may get GC.


    This has been talked over and over. If you feel that the wait times are not INDEFINITE, great. Please go ahead, lean back and relax. If you know everything about whats going to happen, why even bother about Immigration issues or IV? Its not about showing off muscle. Wake up! Its about different people from different categories and countries stuck in a totally capricious system. Its about the system, arcane and antique law. Its not about any one particular person's PD, his/her category/country. There are people who are in EB2 with PD's 2002 and have not got their GC yet. Dream on and Smoke what ever you want.





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  • paskal
    08-24 01:33 AM
    I agree that "It is an irony that most people here who raised valid concerns have "red" reputation". I don't know how it works. I know it doesn't matter but I just added +ve reputaton for ck_b2001 and Lisap.

    Anyways, I think the moderators should not forget that this is an open forum also.


    2. IV is a very good cause, but all of us (affiliates to moderators) and moderators should try to explain this in any way they want but please NOT BE PUSHY, AND ABUSIVE.

    3. In this way, who so ever wants more participation, let him/her come forward. But at the same time, if anybody is not convinced or don't want to participate, then let him to do that also. Why PUSH.

    Good Luck to all of you


    i would especially like to address the gentle member above.
    dear friend, iv moderators have not forgotten this is an open forum. otherwise this wonderful discussion may not have existed for everyone's pleasure.

    please let me know which moderator (and when) has been pushy and abusive.
    please choose your words carefully.

    remember it's an open forum? or did you already forget. if an individual member chooses to use that to push for participation, then why object so loudly? or is it open only to views you like?

    as for being convinced, good luck pal. if the current state of retrogression won't convince you to travel a hop skip and jump away from your comfortable home to DC, then maybe a few years of waiting or name checks or god forbid- loss of a job will. you are a free being. but a wise person learns from others who have taken the knocks already. that we don't learn- is precisely the reason we are here today.



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  • jonty_11
    07-23 11:59 PM
    ^^^





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  • vishwak
    01-13 03:38 PM
    Eb3Retro,

    Did you drive car on High Way over the speed limit and got ticket.
    And passer by drivers at Higher Speed than you. Can you point police for stopping you.

    So don't tell that you are fine and everybody is fine.

    What if someone here saw your postings (800+ posting guru) and travels wihtout Transit Visa and Aitport people ask for Transit Visa and missed flight--- Have to stay at Airport for hours.

    Try to accept rules guys....



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  • eb3retro
    07-07 10:22 AM
    i am starting to wonder, if you are for real. your profile is empty. All your previous posts are derogatory and you accused the american president in your previous posts. I am wondering whats the basis you are here in IV and if you a green card case that you have applied and waiting..

    Over 60% of the US and 90% of Arizona supports the law they passed. Obama and his Attorney General are doing the wrong thing by interfering with state politics. How can these high ranking officials tell state law enforcement NOT TO enforce laws? The Supreme court will favor AZ even before the case starts. Slam Dunk.





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  • anai
    07-19 02:41 PM
    Thanks, but seems like this is not what i was looking for. I was looking for the Jun 16/17th memo about initial evidence. Do you have that one?

    Note sure what you're looking for. The memo I cited went into effect on June 16th. If that's not what you're looking for, you can try "press room" at USCIS's website where all memos are listed by date.



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  • gc_maine2
    12-28 03:32 PM
    Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.

    Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.

    Thanks
    Sree


    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.





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  • hsingh82
    04-13 04:04 PM
    So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.

    A recap of my situation:
    Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!

    It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.

    Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.

    I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
    The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.

    I have registered to be a recurring contributing member and I intend to be an active member of this group.


    My lessons from this crazy experience are:
    - Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
    - There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
    - We need to strengthen IV in all ways we can, we need to be active.
    - And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.

    I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.

    - Peace

    Great job IV :)... keep up the good work!



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  • roseball
    07-31 09:48 AM
    The online case status reflects the notice dates and not the actual received dates....These are the dates the cases were entered into USCIS's systems...





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  • venkygct
    08-31 02:06 AM
    ^^^^





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  • bidhanc
    03-22 09:14 AM
    All NY members - New York City, upstate ... please join this mailing list

    IV-NY (http://groups.yahoo.com/group/immigrationvoiceny)

    As the first step, please update your contact information.
    Thanks,
    Chandrakanth
    Hi,
    I have added myself under the name boss_bid.





    sankap
    07-25 11:01 AM
    You said: "...my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep...I am really getting frustrated ..."

    I'd strongly recommend you to seek medical advice for possible anxiety.





    nitinms
    06-27 04:57 PM
    I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.

    To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.

    This will also reduce the pressure among applicants , attorneys and doctors.

    Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??

    Yes, everyone will wait and file on July 1st.



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