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  • andy garcia
    02-15 12:27 PM
    when did you check?

    I checked 10 min. ago it looks COOL;)

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  • kuhelica2000
    02-13 02:01 PM
    Grupak, I am not suggesting any single country is monopolizing the foreign worker pool. Employment laws in the US are fairly non-discriminatory except the diversity in workplace or "Affarmative Action" component which prefers a minority when two candidates possess the same skills.

    My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.

    I don't understand this logic. We are talking about employment based GC.

    Lets be clear that we are talking about people who are employed in the US and their employers have sponsored their green cards (except the EB2-NIW, EB1_EA). These people are employed because of their skill at jobs not their national origin.

    Are you suggesting that somehow people of some countries have monopolized the foreign worker pool by born in the same country and NOT because of their skill.

    Since we are talking about a privilege and benefit that comes from being employed in the US, you are actually suggesting that US employers should consider country of birth and not just skill in the employment.

    Tell me how did the Chinese, Indian, Mexican and Filipino workers unfairly monopolized the foreign worker pool. As far as I am aware, these countries have large populations and a lot of Science and Engineering graduates happen to be from these countries.

    The country cap makes sense in family based immigration system when extended beyond the immediate family members. IV is not for FB GC issues.

    Again, employment in the US is based on skill not country of birth. The foreign workers are here because they are needed, and US will benefit by keeping these skilled workers long term. What IV is doing benefits all employment based GC.

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  • mnkaushik
    07-14 10:18 AM
    My Priority date is Jan 2004, EB3-India category having approved I-140 and applied 485. I have sent my EAD and aP for renewal which expire in last week of September. My spouse is in EB2-India having pd Dec 2005, also applied I-485 (140 is approved) and has applied for EAD and aP renewal which expire in last week fo October. We both applied independently and are using our H1bs and not EAds.

    Since my spouse's PD is going to be current in August'2008, I was planning on applying for a second 485 as a dependent on my spouse's application. Questions i have are -
    1) I did my medical for previous 485 in June of last year, is that still valid?
    2) Can I still keep my previous 485 application or should I cancel it.
    3) What should i do about my AP and EAD? I have travelling job and am thinking of looking for a local job around end of the year or begining of next year. So would like to know what I should do about EAD and AP

    Lastly is there something i am not thinking of?

    Will greatly appreciate your response.

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  • another one
    09-23 06:22 PM
    if you haven't realized it so far ... you must have been sleeping or not watching television!

    the day this becomes would be better for all of us go home, bcos tht means lawmakers are ready to do anything to get some money and they know this country has gone down beyond repair.
    and the day it becomes law..i am sure the situation in this country will be so bad tht most of us wont even have jobs at tht time.


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  • ocpmachine
    06-11 07:39 PM
    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.

    Dilip Dude,
    As said before by unseenguy, your case is just plain LUCK, if there was no bill during 1999-2000 to recapture and increase GC quota, you would have been still struck in BEC counting days for GC,forget Citizenship. Just because you are over qualified(or under!) than others does not make you special or get you GC faster, you just had some good KARMA, thats it...

    Anyways, your attitude of blaming others(h1/l1 etc.) for decrease in your quality of life is just plain STUPID and shows your maturity.

    I wish you are not in a managerial position, I have seen many Desi managers like you who give hard time to fellow Desi folks working under them thinking they rule the world and they are the only qualified one who knows all.

    My advice is wish good for others not bad, this will get you more good karma and maybe get your citizenship faster.. :-)

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  • old_hat
    05-03 02:19 AM
    There is a real truth and history. thats why the whole world is crying for Ceasefire and Diplomacy!!!
    Extract from the news
    Ceasefire pressure
    Mr Bildt told the BBC: "They have said I am not welcome at this particular period of time - they were saying that they can't handle too many people.
    "There must be some sort of reason but it has to be a rather odd one."
    Mr Bildt said he was recalling the Swedish ambassador in Sri Lanka for consultation, adding that Sri Lanka did "not seem to be too interested" in its relationship with Sweden at the moment.

    dude i have said civilians in all wor/terrorism zones need to be supported. Please read my posts.


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  • chi_shark
    06-15 10:21 AM
    but sachu22g seems to be on the money for the most part! kudos to that simple model. the only date that is not realistic is the May 2007 for sep 2010. rest all are on the money! nice!
    While I would love for your prediction to be true for the remaining three bulletins, I highly doubt that days will move past 2006, let alone may 07. Let us wait for 2 more months to see where you are.

    Good effort though.


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  • logiclife
    02-12 09:04 PM
    Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.

    That is an apples to dinosaur analogy.

    The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.

    Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.

    Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.

    The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.

    Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.

    But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.


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  • kaisersose
    02-13 11:03 AM
    Wake up, buddy. This is IV. Not !

    Removal of Country caps was, is and will be one of the top agendas of IV , whether beneficiaries of a discriminatory system like you support it or not. It's morally and ethically repugnant to see discrimination based on country of birth in the 21st century. Just because it benefits some like you, it doesn't become right.

    Employability has nothing to do with Country of Birth. When we are selected based on merit, skill and education by our employer, why should we suffer just because we are born in the wrong country?

    It's time to throw away this last vestige of discrimination inherited from the previous centuries and move to a future where every individual is valued for what he/she is individually and not based on whether he was born in India or Sri Lanka.


    Read my post again.

    I am not saying it is a bad thing (not for us desis). All I am saying is *every* country in ROW will oppose removing country cap and they have explicitly said so on . They would have said as much here too, if we had more diversity on this forum.

    It is not about right or wrong, ti is just the way it is. The UK guy can come in to the US today for employment and can have a GC in a year or two. Why on earth will he support a change that will push him into a 10 year queue?

    The point is, we should know where we stand when we are taking up removal of country cap. Unlike the other changes whic hare benefical to all GC aspirants, this is one change that will be opposed by several GC aspirants.

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  • snram4
    01-15 06:08 PM
    Durbin/Grassley bill will check them also. But it will impact some good people also. We are opposing that because many of IV members may be impacted by that. Also most IV members feel that bill is conspiracy to eliminate h1b program. There is no easy solution for these issues. If they relax the rules fraud will increase and if they tighten it then some good persons also impacted. So the fight will go on forever. But economy will decide future of H1b and immigration. You cannot prevent restrictions if employment growth does not return to normal levels. But restrictions will not block H1b program but will bring best people in the world.
    only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?


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  • Rb_newsletter
    01-15 04:08 PM
    I agree Teddykoochu.

    Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.

    It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.

    This only reminds me of the famous poem by Martin Niem�ller which goes like this.

    "First they came for the communists, and I did not speak out�because I was not a communist;
    Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
    Then they came for the Jews, and I did not speak out�because I was not a Jew;
    Then they came for me�and there was no one left to speak out."

    To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.

    I don't have words to appreciate you. You explained it in one poem very very very well.

    Earlier they asked for ridiculous documents like photos with American colleagues, etc.
    Then they asked for client contract for 3 years, where no client sign a contract for more than 6 months in this uncertain world.
    Then they asked for work place fire safety approval docs.
    Then they sent contractors for work site visit.
    then 221g slips, PIMS delay, admin processing, technology alert, rfe for no reasons, H1-b extension for 3 months, back dated denial of H1,........
    Now they want to define the way of business practice.
    Later...only they know what they are going to do.

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  • virtual55
    07-03 01:57 PM
    I applied for EAD paying old fees in Jul 2007, and I renewed with new fees this year in Jun 2008, would like know if I need to pay renewal fees again when I renew my EAD in Jun 2009.


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  • needhelp!
    09-23 04:04 PM
    I just finished sending the emails one at a time with a little customization.

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  • pappu
    07-03 10:24 AM
    Dear IV members,

    We are starting this Free service for all our members. IV members can ask Immigration questions to an immigration lawyer. the immigration lawyer will be regularly visiting this thread and our forums to answer questions. The aim of this feature is to allow our IV members access to information and for free. IV is not getting paid by this lawyer or is paying this lawyer. Our intent is to help our community as much as possible.

    The immigration lawyer has kindly accepted to help our community for free without even demanding any publicity for the lawfirm. Thus we have decided to keep the identity of the lawfirm hidden for the time being.

    The lawyer will visit this thread and answer questions from our members. Preference will be given to active members and members whose profile information is complete. This service will be expanded further in future. Monthly subscriber ( members can choose to get phone consultation and immigration paperwork done by this lawyer at a discounted price. If you are a monthly subscriber, and want legal services, you can contact IV with a proof of your subscription and we will have you get in touch with the lawyer.

    You can post on this thread all your immigration questions.

    By posting on these forums or reviewing a post of any question or answer, you agree that you have read and understand the following disclaimer:

    The information provided on these forums as well as any transcripts posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during these forum post exchanges, . You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided in any post was pertinent at the time of the posting, but may become outdated. We are not responsible in any way for any outdated materials or any post from the attorney.The service is provided on IV by an IV member who is also a lawyer. It is not legal advice but only for information, and no attorney-client or confidential relationship should be formed by use of these forums. This is in no way an endorsement by IV of this lawyer and IV takes no responsibilty if there are any issues that arise from the answers. By posting on this thread, you also agree with the terms and conditions of this website.



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  • JazzByTheBay
    07-03 07:05 PM
    Posting here as asked by Pappu:
    Hi Jessie,

    I am contacting you today regarding the recent chain of events concerning employment-based immigrants.

    I am positive you are aware of the recent debacle skilled professionals waiting for years in the immigration backlog have sufferred thanks to the Dept of State and the USCIS.

    Some Facts:
    - On June 13, DoS announced the July Visa Bulletin which made visa numbers available for all categories of employment-based immigrant visas, for all countries of chargeability. The July Visa Bulletin made all categories for all countries "CURRENT", giving a ray of hope to skilled professionals waiting in line for years to get a green card. ( a%2ffrvi%2fbulletin%2fbulletin_3258.html)

    - Faced with this news, applicants and their families spent significant time and resources to put together the required documentation in a very short time, in many cases procuring important documents from their home countries and getting them couriered at considerable expense; and having family members like spouses and children fly in to the U.S. to be able to apply for a green card. Thousands of dollars were spent on this, and on the required medical checkups, and in many cases lawyers' fees, in order to submit the applications for the final stage of green card - Adjustment of Status (AOS), by filing Form I-485 by end of June so it reaches USCIS by July 2.

    - Once a Visa Bulletin for the next month is announced, USCIS accepts all applications to adjust status that are received in that month. They may not have enough visa numbers for all applications received, and as such are not bound to actually issue green cards to all applicants in the month. However, applicants and their family members can receive interim benefits after filing e.g.:
    1. Employment Authorization (EAD): This is particularly important for spouses, who are often unable to work because they are on H4 visas, and do not belong to specialized occupations that would entitle them to get an H1B visa.
    2. Advanced Parole: Allowing applicants to travel freely.
    3. Portability: Allows applicants to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original green card applications on. This is very important for most professionals, who are bound to a particular employer for years during the green card processing, marred by its delays and complexity.

    - Early on July 2, the first day when USCIS started receiving applications for AOS, the Dept of State announced an updated Visa Bulletin, stating that USCIS has issued extraordinary number of immigrant visas (60,000) for employment-based immigrants (between the July 2007 Visa Bulletin announcement on June 13 and end of June = June 29), thus running out of any available visa numbers for the rest of the year! ( a%2ffrvi%2fbulletin%2fbulletin_3263.html)

    - Following that, displaying amazing coordination, USCIS posted an update on its web site stating any AOS applications receivedi n the month of July will be rejected, effective immediately (July 2). ( 2fpressrelease%2fVisaBulletin2Jul07.pdf)

    In effect, this closed the available window for filing AOS applications - the entire month of July - even before it opened!

    - The fact that a Visa Bulletin gets updated mid-month is unprecedented.

    - The fact that the USCIS processed and adjudicated roughly the same number of AOS applications in about 15 days as they have done in the previous 10 months is both alarming and shocking!

    - The American Immigrant Law Foundation is considering a class-action lawsuit agains USCIS/DoS.

    - Immigration Voice ( ( rg%2f)), an organization of skilled professionals/documented immigrants is considering the same.

    - Here's a Press Release from ( 48-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html)

    - Also of interest, the following blog post by immigration lawyer Greg Siskind:
    Full-Blown Scandal ( skind%2f2007%2f07%2ffull-blown-scan.html)

    - Congresswoman Zoe Lofgren has issued a statement against this move, and written to both USCIS and DoS: ( Article.aspx%3fNewsID%3d1808)

    - Following link is from Forbes, a wire story by AP that got picked up by many media outlets in the last 24 hours:
    Legal Workers Lose Chance at Green Cards ( %2fap%2f2007%2f07%2f02%2fap3879453.html)

    Hoping you will be able to highlight the plight of tens of thousands of such folks who got their single glimmer of hope taken away from them in a flash, before it even became available. (Ironically, all this happened whilst in the background lawmakers were considering legalizing 12-20 million undocumented immigrants.)


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  • reachinus
    07-31 01:09 PM
    Think you are too busy to answer my question. Anyway thanks for your time and reply atleat for 1 time.

    Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.

    Thanks for your time in advance.


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  • AirWaterandGC
    05-11 03:44 PM
    Thanks for the response. Govt sends a check for each child every month ! Thats too good to be true. How much is the check for.

    pmt = payment

    Government sends you a check every month for each child you have.

    Here is an excellent calculator to estimate your Canadian income taxes.

    Canada has something called RRSP which works the same way as a 401 K plan. However in an RRSP you can actually withdraw funds without penalty upto 50% of your account for purchasing your fiorst home ( In US you can only take loan not wiothdrawl).

    Also Canada doesnt allow jopint filing of taxes for married couples. Each spouse has to individually file taxes per my understanding.

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  • looivy
    08-20 10:35 PM
    There are other important immigration matters to be discussed.

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  • tikka
    07-04 12:06 AM 49 DIGS tin ring_Immigration_Lawyer/who - 72 DIGS

    07-03 09:50 PM
    Under the section "Why does it hurt?

    Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.

    The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt.

    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    Retrogression in GC process.
    What happened

    USCIS announced at the time the forms were due.
    Applicants started filling forms 2-3 weeks before July 2.
    Applicants changed their schedules to submit forms.

    Advantages of EAD + AP
    Don't know all!

    Travel without visa -> saves Embassy overhead.
    Spouse can work.
    Can switch job.

    Why does it hurt

    Medical will not be valid after 1 year.
    Rejected June filers can not file.
    June filers did not file because they thought they will file in July.
    Fees more then doubling
    Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    Load balancing for USCIS.
    USCIS which is supported 90% by application fee needs to care for applicants.
    Very little chance of legislative relief for a looong time.

    06-28 05:30 PM
    ok u guys have forced me to pose the same question to my HR/Attorney...awaiting response.
    Attorney has said taht they are looking at this information, and wil get back to us soon!!!..Looks like it is a cause of concern...This sucks.!!!

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