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  • maine_gc
    09-26 09:21 AM
    I love to see Obama in White House too. My only concern is who drives his Immigration Policy. Sen. Durbin? We all know what provisions were added to CIR 2007.

    I am here legally in this country for 8 years. Applied for 9th year extension this month and waiting in line for Green Card since 2004. I strongly beleive that with Sen. Obama in WH, the US economy will get out of the current crisis and we can see the good old days of 90's again.

    I am also looking after the backup plans now just in case if Sen. Obama's immigration policy is based on the CIR 2007 and all the provisions that are against the EB community are included then i do not have any choice other than to leave the country. I am getting ready to apply for Canadian PR whcih would not take more than a year and by that time i believe we will have a good picture of Obama's immigration policy.





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  • milind70
    07-10 12:55 AM
    I have changed the H1b after my last entry to usa. My I-94 in passport and in the H1b approval notice numbers are not same. Out of all 10 digits only 6th digit is different. I think it is a typo by uscis. What should I do?? The difference is very hard to figure out that I noticed it only when I was filling out I-485 by myself.

    Any suggestions

    You can file Form I 102 with USCIS , if it is the mistake of USCIS there is no charge. If I 94 is mutilated,lost or stolen then u have to pay a fee for it.
    I would suggest take an infopass appointment with local USCIS office and talk to a immgration officer he will be able to help you.





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  • obviously
    08-05 09:48 AM
    ... and dont forget that you drink from it too.

    Take the $500 or $1000 and contribute to IV so that we can get a solid resolution.

    No wonder illegals are so strong. United they stand. Pity 'highly educated' workers use their 'intelligence' for matters nefarious and counter-productive. No wonder we are in this situation to start with.

    If there were a collective voice with strong bargaining power, we would have not been in this situation.

    Law breakers are feared. Law abiding folks are derided.

    Go on, feed Loo Dogs for yet another sensational story on why ALL immigrants need to go back.

    Dont forget, for the average Joe anyone that does not 'look like them' can be a target for hate crime and resentment. PR about a case like this can only make the entire community weaker. If you happen to be Indian, what is to stop someone that is upset about immigrants not targeting you or your family? They wont know that YOU are their protector in chief, with the lawsuit stuck in your backpocket. You are but a symbol of the problem that you make out to be.

    Seriously. I have been involved in very key discussions with very senior public figures. Their number one pet peeve: You guys are so divided, even if we wanted to help, we are unable to.

    You just go on to prove their point.

    It is understandable that you are upset about what you see as being 'unfair'... just extrapolate that to the Ron Hiras of the world and NumberUSAs of the world ... you are feeding the larger cause of hatred towards highly skilled workers ... by creating a false impression that highly skilled workers abuse the system...

    Dont make your pillow peeves an issue that comes back to hurt ALL, including you. On many dimensions. This is serious stuff. Think about it.





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  • javadeveloper
    08-02 12:35 PM
    245k and 245i are two different things.

    245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.

    Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.

    Thanks UN



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  • funny
    10-01 05:17 PM
    I was thinking of buying a car but I have decided to hold off on it untill the presidentials elections are over. If obama is elected president I will not buy the car and will basically go into 100% saving mode because you never know when Obama\Durbin might kick us out. Nobody knows what sort of draconian rules are going to be put in place for EB community by Obama and Durbin. I have no confidence in Obama\Durbin to show any compassion\fairness towards Eb community. There might be hundreds of thousands of people holding off on purchasing a house, car or any big ticket item because of Obama\Durbin cir and there hostility towards Eb community. Hope I am proven wrong but I have not heard a single positive thing out of obama regarding EB community. Even when he was specifically asked about the green card delays faced by EB community he gave a evasive reply. He is always boasting about support for legal immigartion i.e family based immigration and not eb. I am not a obama hater nor a mcccain supporter but just a worried EB guy worried about his bleak future with Durbin lead cir.


    It is not clear what will happen to the existing applications, I don't think it would be simple to throw all the pending EB based GC applications out of the window and have everybody fall in line again in the new point based system....





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  • deba
    08-31 02:48 PM
    This is hilarious........

    http://odeo.com/episodes/7076453

    Vactorboy29, thanks..this is funny as hell. However, I do agree with boreal that it seems a little made up. Nevertheless, just hilarious. I have forwarded this to all my friends. Hope they get a kick out of this one.



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  • desi3933
    08-06 10:47 AM
    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    ....
    .....



    Just FYI..

    One can NOT claim PD recapture based on spouse's earlier PD.

    Person can claim earlier PD only based on his/her earlier approved I-140.


    ______________________________
    US Permanent Resident since 2002





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  • ShantiRam
    07-11 11:18 AM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regurarly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?



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  • hiralal
    06-05 09:51 PM
    Sorry but no matter how you spin it, owning a home is better than renting. Renting is not smart. period. your money is gone every month. You are not getting that money back.

    When you own a home, the money goes towards a mortgage, and although most of it goes to interest at first, all interest paid is tax deductible which is a huge chunk of change every year. I get more money back as an owner than a renter and in the long run I save more AND own the home.

    30 year renter vs 30 year home owner? That is not rocket science.
    you are wrong and right ...it all depends on location and the period. there is one more article and I will post that. (I am talking from investment point of view but I agree both owning a house and renting a place have their own pros and cons).
    you are wrong in the present day ..i.e. as long as prices are falling (which is the case in most areas today) ..owing a home is bad BAD investment.
    your assumption is correct once the prices start to rise by 3 - 4 % annually .. but that will take 3 - 4 years more at the minimum





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  • mrajatish
    04-09 11:42 AM
    Pete, I am myself a manager at a leading company and do not fit into the typical "consultant" profile.

    That does not mean I want more shackles on myself because I feel someone is abusing the system. If someone (employers) are abusing the system, go after them - why do you want to go after the employee who, in a lot of cases, has nothing to do with the abuse?

    In fact, if this bill passed in its current form, it will probably not affect me but I will still oppose the bill - why, because it goes against my fundamental belief of freedom of movement. If the senators want to reform the system, may I ask

    1. Why prevent H1Bs from joining legitimate consulting companies such as Deloitte, IBM, BCG etc

    2. Why should H1B's pay Social security and medicare when they are "temporary" and do not get a dime back?

    Think of the bigger picture and then about your own objectives - I am sure you are a well educated person and you will understand the consequences of arbitrary decision making based on vested interests.



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  • sanju
    04-08 09:07 AM
    of course not....
    The provision defeats the purpose of whole whistle blower clause...

    Oh ok. Sorry, I was not sure about the message of your earlier post.

    And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.





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  • manub
    07-08 10:51 PM
    We won`t get any letter from that comapany as my husband din`t exit in good terms.(Ofcourse if they won`t pay him for months).
    I do believe in our case the reasons are more to do with the officer dealing the case than with actual technical issues.
    In the NOID they said the reason mainly was( he changed from company A to B to C but when he reentered he entered on B instead of C .at that time was not very knowledgeable about all this stuff)he reentry was not legal and was willful misrepresentaton of facts.
    Then our lawyer in our reply sent that as long as both visas are still valid it is legal.Then now they state ok his reentry is not wrong only the paystubs part is wrong and stating he never worked for that company chose to deny.



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  • hopefulgc
    07-13 12:58 PM
    Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.




    Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
    The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
    Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
    Perhaps the person drafting the letter can explain their rationale on including this in the letter.

    I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
    Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.





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  • sagar_nyc
    02-22 02:06 PM
    I think we need to find out rival Anchor/Channel for Lou Doobs and inform him with all the facts.



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  • sanju
    05-17 10:15 AM
    I am not saying everyone else are less skilled that me. Read my posts please. Nor am I saying everyone are less honest than me. I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.


    I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.

    Why do I know that you do not work for a consulting company?

    Conventional wisdom says, if someone is not doing what I am doing OR if someone doesn't think the way I think OR if someone doesn't look the way I look then there is something wrong with the other person. So just because you have a full time job, every consultant in the world has done a huge crime by being a CONSULTANT. If it was for you, you would propose a bill that all H-1B folks who were ever being CONSULTANTS should be hanged until death. Maybe we could pass a law to make CONSULTANT synonymous to 'SERIAL KILLER'. How does that sound???





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  • gc_check
    04-07 07:42 PM
    H1B program for sure needs to be reformed, a constructive reform, not the one we see in this bill now. Some of the items in bill would indirectly kill the program than reform it. I'm very concerned, given the current situation; the H1B numbers running out on the opening day itself, this bill might get some consideration and attention. At least if we manage a get a clause that allows people with approved I-140 or labour apply for AOS, even when the EB Visa numbers are not available will help many many members of this group. Atleast you can get an EAD and get out of this H1B mess...

    Every one going through this process have a moral responsibility and have to do their part, Even if not part of the core, we need to atleast email, mail or call Senator/Congressmen office when required and contribute what you can to IV to help the folks who put in their precious time and work more or less full time on time, in spite having their own family and full time work.



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  • Winner
    03-25 11:01 AM
    Thanks for contributing to IV with meaningful discussions. Would you all consider making a monetary contribution to IV?





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  • retropain
    08-11 03:17 PM
    Lou may be a star now, but he's an evil star....a person who has not even once brought up the positive contributions of immigrants to this country.

    I ask you, have immigrants (or skilled immigrants) have not made a single contribution to this country?

    (they surely have made many, but these are not for Mr Dobbs coverage. He is as biased as can be....good CNN is giving Ruben Navarette some coverage now)





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  • diptam
    08-05 04:37 PM
    I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.

    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.

    Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.

    2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.

    If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.



    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.





    unitednations
    08-03 08:50 PM
    Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?

    If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.


    How come the concern???

    USCIS forms ask questions for a reason right? They ask for the visa number, consulate issued, etc. There are a lot of inter-agency checks. When people are stuck in background check; it is a whole host of things that they check. Most of what they check is confidential and isn't even public; they are more investigative techniques.





    mirage
    08-05 08:05 AM
    In your example the EB-3 guy was in the green card line before the EB-2 guy. Why on earth should he be asked to come in line after EB-2 guy if he decides to file a new one under EB-2. Why did not you wake up when Labor Substitution was going on. that was something which was utter non sense. People deciding to go for Green card in 2007 stood ahead of people from 2002 by substittuting a 2001 labor. Thank God it's gone.
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.