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  • gautamagg
    07-20 02:27 AM
    As some of you know that I don't really post on IV after the belittling of my posts and stand regarding F1 visas and support to Mr , I was asked by another IV loyalist friend who felt it was relevant I shared a letter I had sent to Mr. E Gonzalez over email yesterday as learnt of this issue yesterday.

    Dear Mr. Gonzalez

    I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.

    Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
    The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?

    On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.

    The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:

    Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.

    After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.

    Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html


    Thanks
    Gautam





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  • gc_in_30_yrs
    02-13 04:47 PM
    Thank you very much for posting this information. I am going to send this letter by hand written in next two days.





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  • JunRN
    09-22 11:32 AM
    And even if it pass the mark-up tomorrow, there's a long winding road ahead before it becomes a law.

    Only miracle can make this happen.





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  • kishorek111
    11-12 04:22 PM
    asking for donations is nothing wrong. After all Immigration voice is for everyone's benefit.

    At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...



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  • karanp25
    06-13 10:05 PM
    I didn't file a dependent 485...

    By the way, how do you tell a soft LUD from a "hard" LUD?

    Soft LUD: only last Update Date changes w/o a change in status
    Hard LUD: last Update Date + case status, both change





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  • eb3_nepa
    03-16 04:48 PM
    I found the EAD v/s H1B article quite informative, articulate and really eye-opening. I dont see any issues with posting links to other immigration sites, PROVIDED those links are not simply marketing links and DO actually provide good immigration-related info. Some of the stuff he has written makes a lot of sense and Ron is not taking the same stance everyone else takes where they advise people to stay on H1B status to keep milking them for attorney fees.



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  • suriajay12
    09-16 06:36 AM
    I would consult an expert attorney and ASAP.
    Ajay.





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  • shirish
    01-04 12:21 PM
    If IV is successful with this 485 filing ability by 2/15 deadline thing... when does it become law and more importantly how soon can we file for 485 (before or after the CIR wars in Mach-September)?


    By the way any idea, which bill this provision will be part of? and wen is it getting tabled?



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  • rbharol
    08-07 04:23 PM
    How to find jobs in canada.
    It seems very hard.
    I have been trying through workopolis but no success.

    Can somebody help?

    I am in US with Masters degree and 10 years of exp in the field of firmware and embedded software.





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  • WeShallOvercome
    08-16 03:30 PM
    One way to get reciept notice or anything else for that matter is to file G-28 and change attorney on record. Second would be to file for Freedom of Information Act (FOIA) and asking for all the records. Here what I gathered from Murthy Chat

    Chat User : When the employer sponsors and retains the I-485 receipt without processing the EAD/AP, can an individual apply for an EAD mentioning the receipt number without jeopardizing GC processing?

    Attorney Murthy : Yes, a person may file the EAD with just the receipt number on the Form I-765 without jeopardizing the I-485 processing. The EAD and AP are merely incidental benefits and are not directly connected with the I-485 processing or adjudication.

    BumbleB


    BumbleB,

    Even if I can apply for EAD/AP, will I be able to change employer using AC21 without the receipt notice? Using G28 may not be an option before 6 months as the current lawyer is hired and paid by the employer.

    How much time does FOIA take?



    Thanks



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  • Leo07
    02-24 04:11 PM
    Folks,

    I'm sure you must have debated this already. But, I'd post this anyways:

    Is it possible to take out(or substitute) the need to have a IV handle or register with IV, inorder to participate and meet the law-makers on the Advocacy Day?

    I'm thinking that could bring in more people. People who wants to register will register anyways and who don't want to can also participate. There are other ways to check the validity of the person registering

    Thanks!





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  • chanduv23
    02-04 04:01 PM
    My wife went on Jan 17th for h1b stamping in Chennai. It was cool. She is doing her residency in a non profit organization. The VO was cracking jokes, saying "You do internal medicine for humans whereas your husband does internal medicine for computers".

    I heard they are pretty cool these days. But make sure to take all your w2s and payslips and also make sure you tell him/her what you do and that has to match your petition, he may ask, how many years u r in US, how many children etc....

    If anyone had bad experiences in recent times, please let us know.



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  • WeShallOvercome
    07-19 02:18 PM
    You are talking of a perfect world where everything is in your hands and goes as you plan. It's not always the case my friend!

    Why are you even working for such a company? You should be with a company that values your contribution and wants to keep you and cares for you, similarly you should accept GC processing from a company that you are comfortable working with.





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  • sumitmathur
    08-21 02:02 PM
    I called USCIS regarding this issue. Representative mentioned that once u have GC, it is your choice if you want to change jobs. There is no rule stating that you have to stick to your employer who sponsered GC for any period of time. He also mentioned that changing job after getting GC does not affect citizenship application.
    BTW, I got my GC on 08/08/08.



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  • jsb
    12-17 02:35 PM
    Thank you very much for valuable answer. I appreciate LazyCIS, pmb76 and sam. Then I will wait till 180 days to go.

    Just to clarify, Do I need to look / take jobs only permanent after 180 days?


    Thank you,
    Mani

    As other members have advised, until 180 days+, maintain good relationship with your current employer as if you are going to be with them for ever (don't even give an inkling that you might be planning to leave). After 180 days you may leave, but you will have to find a new employer who is willing to hire you on permanent basis upon getting you GC for same/similar job as in the LC. What you do until your GC is approved (contract job with this employer or something else) is a different matter. Those employments can be on EAD, H1, temp/permanent, etc.





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  • hopefulgc
    08-13 11:23 PM
    not offensive at all... in fact i welcome your suggestion.
    btw.. i just started meditating today.. really works.

    i guess analyzing these incidents is better than calling uscis.. which i am totally itching to do this week (one per week .. within my quota).

    Friend,

    Relax a little. Donot worry its not gonna fix any problem.

    My theory of life is ..."every one needs a problem to stay busy, if they
    donot have any problems, they will find one".

    Think about it, and find a constructive problem.

    if you donot like my words, leave it ...please donot be offended.



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  • STAmisha
    10-07 09:12 AM
    well..I have been waiting for my labor certifcation to get certfied for too long. just after Sep 11 I applied both for US GC and Canadian PR. My wife also applied for her GC. meanwhile her GC moved to regional when suddenly DOL thought it was time to regroup and there it went into BPC. In the meantime we got canadian PR some 2 years ago but we did not move thinking that we have jobs here.Then she got pregnant and lot of complications ( premature labor) and during those complications her company got acquired by another bigger firm who thought they don't need her..and result was job loss plus GC into the trash....meanwhile my labor certification even after 5 years was still sleeping in EB3 category(PD Oct, 2001) when i still have Masters( god knows why my lawyer put into that category)..Now my canadian PR was set to expire in march, 2007..so I thought i should decide fast..and i applied for jobs..and I got offer in vancouver with moving expenses paid from califronia..It has been the toughest decision because my employer is Indian here in california..and I have had good growth(10% average) but not the way I had wanted..I guess he also exploits..Indian exploiting another Indian..because they know I am not going anywhere..plus we work hard.. I asked him to match what was being offered in vancouver..and he started converting CAD into USD..well..it is not fair..So I have decided to heck with US and the Employer..and move on...at least I can come back..it is not an easy move because my son being premature child had lot of free facilities in california..hopefully he will get the same in Vancouver until he gets to 3 years ..and then it stops..

    I have been in this country too long..and I guess one should settle down rather just wait for them to give GC...reading the other post about one lady whose EAD card got expired just tells me that how inconsistent this GC process can be and right until the end...

    Anyway that is all for now

    desibechara
    Desibichara,

    Pls send me a private message with your contact info.
    I'm also a Canadian PR and trying to move out of US and find a job.I need your advices and suggestions





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  • Steve Mitchell
    February 4th, 2004, 08:48 PM
    But Pope I thought 4 MP is all PJ's want ;)
    Actual daily press and wire service photographers will undoubtly use 4mp. You may not be aware, but all the goreous 2 column color shots you see on USA Today etc. are printed from files that are usually 700k - 800k. There are heavily compressed for transmitting. All the wires do that. They don't get full files. The most attractive things to me are the high ISO performance, the ability to customize colorspace amd I'm anxious to test the new autofocus capabilities. The 8 mp is a plus for shooting for a mag or other output. Even at that, I've had 1D shots as a glossey mag color that looked great. One advantage higher megapixels give a sportshooter is for sports like football. Due to the size of the field, the ability to crop more gives you more field coverage. But then the question is will you have enough time to work with files that are twice the size. I'm sure that's why Canon listened and gave us 4 MP as an option.





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  • Alabaman
    12-10 11:42 AM
    So why do you care? Do you intend to stay past your 'visa' expiration day in the first place? Good to know though.

    The question though is do they use the actual visa expiration date or your status expiration date? Considering the fact that you can have a visa valid for 2 years but still be in status longer than that period.





    santb1975
    03-20 12:42 PM
    We have to help ourselves.

    I for one will not be surprised. These undocumented immigrants march in thousands at their rallies [even though they face chances of deportation]. They are active in talking to media and getting publicity for their cause. They are also more actively contributing to help their cause. They have very strong backers - Agri-business, fast-food chains, restaurant owners, construction business , and immigration attorneys [ who will make lot of money if Z-visa gets passed], strong ethnocentric groups with considerable political clout, and many of them have US citizen relatives [who vote]

    On the other hand, support of many immigration attoneys to EB immigration is half-hearted, high-tech employers care more about increasing H1B quota. Like it or not - IV is the only organization that is 100% devoted to EB immigration and working for our cause. Given this reality, IV should have got full support monetary and participation from 25,000 strong community here. As we know, only a minority of the community are doing all they can to help IV achieve its goal.

    If we are not doing enough to help our cause, what right to we have to blame others for not helping us? In a way, we do deserve the step-motherly treatment for all the lethargy our community shows in standing up for its issues, and demanding a solution.





    psaxena
    06-25 01:05 PM
    Use a seperate email id and get the spam mails..whats the issue..

    Are you the one who wanna be part of the solution or part of the problem.. ask yourself.
    sure you gonna get an which you won't like yourself. Its not about supprting CIR , its about behti ganga main nahane ka hai.. ( I mean your things done no matter how, hope this is the right translation, english main haath bahut kamjor hai)

    See they took your personal information and now spamming you. How are you sure they wll not share your personal information with anyone?