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  • rsharma
    07-03 01:45 PM
    Thanks lazcis. I would like to know if a person who has H1 valid until jan 1, 2009, files for AOS on oct 5, 2008 and then goes out of the country in Dec 08 and get paroled into the U.S as "AOS" in his/her I-94, using AP. What happens to this person...is he/she still deportable even though that person is now officially on AOS.

    Gurus, please comment as I am sure there are a few of us in this category.

    I am not a lawyer and not a guru. However I am stating my understanding from this new memo.

    Based on the example Sunny has provided, this person will be under parolee status till (whichever occurs earlier)
    1. End of the date mentioned in the I94 when peroled in to US.
    OR
    2. Decision is made on his/her I485 petition.

    From then onwards he will be deportable if his/her I485 is denied. Then his illegal presence will be counted from the next day of either 1 or 2 (mentioned above) whichever occured first.





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  • bitzbytz
    06-24 02:52 PM
    what do you mean by fake pay stubs, can you please clarify.

    I am in process of generating pay stubs for my wife by paying the employer tax...so that she is covered for the un paid H1 period.

    Why will this cause problem





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  • sanju_dba
    02-19 05:09 PM
    I did refered earlier in this forum ,about www.givemeinsurance.com , a desi agent deals with Farmers Insurance in Texas only.
    I got mine and my wife insurance with him for $15 a month covering 250K Term Life insurance ( We are on H1 )
    Check for any Farmers agents in your area.

    Good luck.





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  • msp1976
    03-03 08:29 PM
    Legal Immigrants in Limbo

    It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.

    A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
    1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
    2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
    3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
    4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.

    As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.

    Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.

    And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’

    United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.

    As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.

    The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.

    Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.

    The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.

    In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.



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  • gcbikari
    04-16 11:43 AM
    I am glad it was useful to you. Always check for reality, most of the reviews are genuine but you never know. once again it is 'Desicrunch.com'.

    gcbikari, the link that you have provided is great, I just looked up a company and saw that the company owner got arrested last week, whom I would have joined. Man, he was doing a sugar coated talk when I was looking for job, and through out his speech he was talking only in millions, like we bought this company ABC last month for 20 million, and in walks in the owner of ABC Company with ragged clothes, really! man who has 20 million.





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  • sledge_hammer
    02-23 09:34 AM
    Chill out my desi brethren!!!

    In what way did "buddyinsfo" dis India and Indian Muslims? What he said is absolutely right. Its not like ARR had not made good scores before. I mean just listen to his flute composition in the movie Roja, it gives me goosebumps every time I hear it.

    I have read your posts and about 10% of it is usually TOTAL BS. Please go and visit the thread about "ethnic cleansing", there is an answer and a question from me waiting for you.

    Let me guess, you are a pakistani terrorist. Now you are jealous that how come an Indian muslim win 2 oscars? How will you give out your hateful message to other pakistanis terrorists that indian muslims are being torchured, so you have to "save" indian muslims. Too bad, no pakistani got an oscar. I know why, because the terror capital of the world is going down the drain pretty fast.

    .



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  • smc
    09-22 01:40 PM
    It may be a little too subtle.

    Most people will wonder why high skilled immigrants are sending plumbing equipment around the place.:confused:





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  • sunny1000
    10-05 03:05 PM
    "AMPLIFICATION: The above Washington Wire item on the letter from House Republicans to Speaker Pelosi urging passage of an immigration bill to "help and retain" high-skilled workers refers to legislation that would increase the number of H-1B visas and green cards for high-tech and other skilled workers. The question in the WSJ poll referred to a separate effort, pushed by President Bush, to revamp the immigration system and provide a path to citizenship for those in the U.S. illegally. The item wasn't intended to imply high-skilled workers are illegal immigrants"

    They just updated with the above correction....:cool:



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  • bugsbunny
    04-21 01:35 PM
    Thanks ! Thats what I thought , but wanted to confirm with senior members.

    i am not senior...but we do have free attorney conference calls on thurdays
    We might miss a thursday or so ...we are in the process of making it more regular
    But you can certainly ask this question over there and confirm it with the immigration attorney.





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  • svn
    08-06 09:57 PM
    Keep in mind that 485 eligibility is not just tied to employment but also FBI name checks etc. Do you think USCIS will keep on doing name-checks every other year, or issue EVL's every other year if/when they see for instance, an address change?


    On that point (and back to the original purpose of this thread), I called up USCIS to check on the status on my "pre-adjudication". The customer service rep asked me why I had called up when my priority date was not current (!) and I explained that it was because I had only received a fingerprint notice once and that was in Dec 2007; also it was in connection with my EAD application, as I remember it...how can this be if all applications have been preadjudicated. However, I was surprised when the customer service rep informed that my fingerprints had been updated in Mar 2009 and were valid till Mar 2010! When I mentioned that I had not gone in for any fingerprinting since Dec 2007, she even questioned whether I was saying that those were not my fingerprints and someone else had posed as me!! After that I didn't feel like disputing her anymore! She also told me that my application had been "preadjudicated". Has anyone else seen this happen??

    I am wondering if this is indicative of the fact that USCIS does not want to waste any money reprocessing fingerprints, FBI name checks etc multiple times in connection with applications that are waiting for priority dates to become current.



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  • sparklinks
    07-21 10:13 PM
    Are we done Voting? If not please do it now

    Can you add 2 votes to it, my friends submitted on July 2nd.





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  • GCOptimist
    03-01 11:17 AM
    Hi Folks,
    I just learnt about this great effort. Thank you very much for all the effort you are all putting in. The least that i can (every one can) do is to contribute to support this great effort. I just now joined the group and contributed.

    Thank you all,
    Another GC Optimist.



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  • pappu
    10-11 09:51 AM
    I have posted the article from the economist.
    It is a great resource for anyone doing research or writing article on immigration.

    http://immigrationvoice.org/forum/showthread.php?p=28073#post28073

    thanks gg_ny for bringing it to my attention.

    Pls post any discussion and related materials here.
    Pls also mail the econmoist about IV and our cause so that they can print our letters in the next issue.

    The address is
    http://www.economist.com/help/DisplayHelp.cfm?folder=663392

    ================
    Here is another article in 'science'
    http://immigrationvoice.org/forum/showthread.php?p=28077#post28077

    pls send mails to the editor from

    http://www.sciencemag.org/cgi/feedback
    ====

    As you can see from the Science article how difficult it will be to pass anything in the lameduck session. IV cannot do it alone without the help of all its members. Pls send mails to the editors of these magazines highlighting our issues and mentioning IV.
    Pls post a confirmation on this thread that you have emailed the editor so that we know how many people sent emails. We need more participation from our members on such tasks in order to highlight our issues in the media. We find a lot of people posting messages about what we ought to be doing on the forum but only a handful actually do when we urge members to do. Any efforts to get attention from media to highlight our isues will be highly appreciated.





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  • Dhundhun
    06-26 04:22 AM
    Hi
    I am applying for AP (new). Are they issued with 1 year validity or 2 years ( now that EAD is being given for 2 years)?

    I have not heard 2 year AP yet from USCIS. As far as EAD is concerned, we will start getting 2 year EAD from Jun 30.

    There was some proposal of single EAD/AP card, but heard no progress on that.



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  • ivslave
    09-11 09:30 PM
    make the jump....





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  • aj_jadeja
    10-12 04:40 PM
    used AILA link,

    sent to 5 tv statiosn and 5 major news papers of CO. will send to more .

    cheers

    aj



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  • sandeep_1
    08-18 02:11 PM
    If you read through the forums, there are few suggestions.

    a) Call USCIS and submit a service request to expedite the process.
    b) Fax NSC with a request to expedite the process based on humanitarian ground.
    c) Wait.


    Called USCIS on friday and asked them to expedite since i can lose by job. current ead expires on sept 5 th and filed renewal on june 24th. I see so many cases getting approved with much later dates.
    Any sugestions on what steps to follow?
    my company won't let me work even 1 day after ead expiration





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  • GC08
    09-12 08:54 PM
    How the hell can all the catagories after EB3 be current yet EB3 be back logged???? By rights they should be unavilable until we are current.

    This is just so unfair.

    i can not put in to words just how anoyed i am right now.

    Because they are a bunch of idiots... just count how many stupid and possible unethical things they have done. They were lucky that nobody in those agencies was fired after the July fiasco.





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  • eager_immi
    05-24 04:43 PM
    Yes that is assuming they have not lived in this country for the past 10 years. My husband's employer has filed his GC the last day before the 5 year and every year his job changes to restrcture they keep filing his labor again and again and it is such a mess.
    It won't be so terrible for those who filed in 2006/07 to wait another 2-3 years. Plus poeple like me (PD sep 2004) will file in the new Point system reducing backlog for others.





    transpass
    02-23 02:53 PM
    In the shuffle, we are forgetting the oscar (though won by a non-indian) for best documentary on a little indian girl...

    http://www.smiletrainindia.org/smile_story_pinki.php





    franklin
    06-13 11:31 PM
    You can change your signature now - no more waiting:)
    Ha - good point!

    There you go