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  • indio0617
    12-20 01:41 PM
    Hi everyone,

    I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.

    1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
    2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
    3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
    4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
    5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.

    Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).

    Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.

    Nilcritz:

    Very precise analysis. Thanks for posting this one.





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  • GCHope2011
    11-11 04:46 PM
    Why not 3 more years either :)



    Well thought I had to answer this better. The answer is YES, we can get bills introduced and passed if we had 2 million dollars. Lets not make assumptions about what congress cares for, we'll let core members handle that. As written previously, we have managed to get quite a lot of change done with minuscule funding, even though we haven't been able to afford the best people.
    Maybe right now even achieved a bit more than the illegal immigration lobby.
    How exactly do we do it? - Check Donor forum, where we get constant updates on our efforts in Washington DC.

    Donations start at a one time of $25, even if that's the only thing you do all year.
    There are some thinking why not get everything for free, when IV is already working? Its a tendency of many to save as much as possible, and get the thrill of getting something free. As I speak, Donors are benefiting from IVs efforts. United we can achieve a lot, Divided we fail.

    The other common excuse is - "I really don't care, even if I don't get the GC, I can always find a job back home. Pay $1000 for my return flight. Just visiting... "
    Well I guess the other option of spending much less, getting a GC in 1-2 years, starting your own business in the USA, making much more money is really something no one wants.
    Agree with you Tony - there are so many members of this forum - I find it hard to believe that everyone's budget is so tight, that they cannot afford to divert $25 per-month to a cause that is going to help them directly.

    I am not underestimating the value of $300 per-year, but compared to the value that this is likely to drive, it is certainly an investment that can provide handsome returns.

    I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.

    In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.





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  • looivy
    08-15 12:34 PM
    My application was sent to Vermont instead of Nebraska service center on July 2nd . I have not got any reciept number and lawyer is not confirming if the checks are cashed.

    I am not sure what will happen to the application. Should I refile? The FAQ did say that they will forward it to correct Service center, but I don't have confidence in how they will handle it.

    Should I refile?





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  • GCplease
    05-13 05:03 PM
    Sorry to hear about your case.

    From what I have heard, you can apply for I485 till your case gets adjudicated. Your PD is Dec 2003. It will easily take 2 to 3 years to get approval. In that time, get your divorce papers, get married, bring your new wife in H4 and apply for her 485. I think you'll be good.

    I am not sure what will happen to your ex. You may need to revoke her 485 application. not sure if you can just revoke hers or you need her to sign some application (which she may not be willing to).

    Check with an attorney. They should be able give you the best advice.


    I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.

    My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.

    My wife has her own H1b valid till Dec 2008.

    We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).

    Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.

    My wife has mentioned that she will be applying for Divorce in USA.

    Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.



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  • sanbaj
    03-27 11:56 AM
    Hello Sanbaj, where did you send your interfiling request ? I mean which center ? I am also in same situation but I did not send the original I-140 approval copy.
    NSC. I got the RNs from there.





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  • jonty_11
    07-27 05:29 PM
    we will be in uncertainity until we get GC in hand ..........as they say it.

    So support IV;s action items and get a legislation passed rather then waitin goutside ur doorstep for 485 receipt....then EAD then AP....and .................what not



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  • rockstart
    04-21 10:08 AM
    Sheila,

    2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.


    Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case

    I see the problem with the 1+3 since that would be combining. The 2+3 usually gets accepted. However you just never know how things will go with USCIS.





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  • bestofall
    07-30 12:21 PM
    URGENT UPDATE: HR5882 scheduled for tomorrow - PLEASE CALL

    --------------------------------------------------------------------------------

    House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.

    Majority Members (Democrats)
    Member Name DC Phone
    Luis V. Gutierrez (D-IL) 202-225-8203
    Howard L. Berman (D-CA) 202-225-4695
    Sheila Jackson-Lee (D-TX) 202-225-3816
    Maxine Waters (D-CA) 202-225-2201
    Bill Delahunt (D-MA) 202-225-3111
    Linda T. Sanchez (D-CA) 202-225-6676
    Artur Davis (D-AL) 202-225-2665
    Keith Ellison (D-MN) 202-225-4755
    Anthony Weiner (D-NY) 202-225-6616

    Minority Members (Republicans)
    Member Name DC Phone
    Steve King (R-IA) [Ranking Member]202-225-4426
    Elton Gallegly (R-CA) 202-225-5811
    Bob Goodlatte (R-VA) 202-225-5431
    Dan Lungren (R-CA) 202-225-5716
    J. Randy Forbes (R-VA) 202-225-6365
    Louie Gohmert (R-TX) 202-225-3035



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  • Sheila Danzig
    02-25 09:07 PM
    Thank you - that is good to hear.

    We did a few this way based on the AIU (Assoc of Indian Universities) documenting that the CA = PGD. The professor showed that the PGD = MA. So far it has worked every time but we still feel the evidence is stronger pointing to CA=BA. Those have all been approved. However, we have done many more as equivalent to BA than MA.

    My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.





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  • telekinesis
    02-11 03:41 PM
    Who will be the tie breaker :cowboy:



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  • pilid
    03-16 02:49 PM
    Not to be pessimist but I tend to agree with learning01 that Nothing is going to happen. This is election year and it will be difficult to get such sweeping and comprehensive legislation passed. Having said all this, I will continue to support IV as I think these efforts will eventually pay off.

    learning01, I laud your efforts. However, I am not sure what incentive any employer has to really help with this cause. Sure worth trying though.



    Newt said Nothing is going to happen on this Specter or any other immigration bills in Senate. The conference with House will not agree to anything.

    I also sincerely believe that Nothing is going to happen I say, these senators are doing CYAs; they will bitch it to media, their constituents, hey look, we did attempt these immigration reforms.

    I am talking from my long experience and wisdom and take it from me. The only force that can improve the pitiable conditions of Indian and Chinese due to retrogression and lack of visa numbers is the big corporate employers . Each one whose LC is approved, whose I-140 is approved, who is waiting to file for adjustment of status AND who are indispensable to the employer / work at this stage should write to the HR/ Immigration/ Attorney.

    I am in such a position. I am a technical lead in my IT department. PD Nov 2001. I write about these issues and the difficulties once in a month my team manager, or project manager or Immigration department.





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  • O'podu
    07-10 10:57 AM
    People who saw the program yesterday... rather than ranting here please go and post a factually correct comment on CNN. If CNN receives the same number of comments as the number of posts on this thread it will be 100 times more effective use of time.

    http://www.cnn.com/feedback/forms/form5.html?76

    i have used this link to express my anger and frustration.
    GOD is watching !
    but we cannot just not keep watching.



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  • amitjoey
    02-01 02:30 PM
    OK, they'll raise the fees (I can live with that). But how do we improve the chances of better services?
    USCIS is asking for comments....If IV would be so kind as to submit comments for the raising of the fees. I humbly throw these out for discussion:

    Accept the fee increases providing:
    1) That USCIS propose public standards of reducing processing times to 30 days+10 day security check.. Automatically produce an EAD if it takes longer. Hey. We're all still in the country whether the process succeeds or not right? We would just appeal, submit more info or beat it until it's done. Who's any safer?
    2) That RFEs not be used to manage work levels. Plus they ought not to reset the 90 day clock to zero if they issue one. That is ridiculous and unheard of.
    3) That they simplifiy applications (a la Canada) so that "lay persons" can (carefully) fill in the forms. Lawyers not required.
    4) That the USCIS abide by the laws. Especially regarding FBI name checking. We have a duty to follow the law. I'm careful to do so. The government should be careful to do so as well.. Call me a radical.
    5) That they publish proposals to stream line the process with modern business methods and concrete goals. The increases should be tied to fulfilling stated goals of improvements of service. Otherwise they roll back. Have a 3rd (independent) party decide if the goals have been met in three years.

    If we tax payers are giving them extraordinary increases in fees, we should at least expect some meaningful process improvements. Simply claiming that they need-the-cash-for-process-improvements is not sufficient. What is to prevent them from using the money to give everyone big raises and bonuses and a nice fancy new office, and big fancy new computers if they're going to continue to use paper and use the computers to access rickety old systems with terminal emulators? I'd love to deal with happy USCIS employees, but I'd love it even more if I had to deal efficient USCIS employees. (Give them the tools and they'll be happier!)


    Excellent, Please write a letter, you can submit it in your personal capacity as a US Taxpayer and a USCIS Customer.
    Please also post it, we can all use it as a template to write something similar and post it.





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  • kaisersose
    05-29 06:36 PM
    After reading this I am not sure if I can ask you send web-fax..
    Do you think you can do it?
    Thanks.

    I already sent one. Trying to do something about the problem is fine; grumbling over things that we cannot do anything about is not.

    It is definitely not OK to be posting unconfirmed data as above.



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  • vadicherla
    06-18 12:21 PM
    I support this!!!





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  • jthomas
    04-20 01:33 PM
    The person looking at this letter might spend like 10 to 15 seconds glancing at it.

    So we need to include like a subject line that in one sentence or two captures the essence of our issue(s). Something like:

    Subject: LEGAL Skilled Immigrants - Issues faced with Employment Based (EB) Green Card process.

    I liked the above 2 letters. If some one can frame a good letter, we can all send the letter to the senators as well as white house. Also we can get our state chapters involved and post all the letters within 2 weeks.

    Thanks for the initiative. mmj



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  • goel_ar
    12-20 01:21 PM
    NY never picks up call (passport, pio & receptions) or replies to mail.
    Wait times in person are horrible - 5-6 hours. only 1 person to serve all the people for passports, pio /oci cards etc.
    Their turnaround time is pretty good.

    I prefer to deal with via postal even though it is walkable distance from my work.





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  • eilsoe
    02-04 04:18 PM
    whoops, eh, valor? :P


    lol





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  • raj_k
    07-08 03:02 PM
    07/08/07 2:45 PM EST : FOX News interviewed the attorney who filed the first suit on the Visa date fiasco on behalf of a Polish woman in the Chicago area. The anchor started off the interview by making a reference to "hi tech workers" and that some of these folks were in the British terror plot !! "Why are you filing the lawsuit when your client can apply for the GC in Oct?" !!Anyway, the attorney was quite articulate in explaining the issue. Guess who followed the attorney ... Rep Tom Tancredo who called this a "minor inconvenience" before stating he wants all immigration to be halted!!

    Ignorance rules the debate .. hardly any surprise

    Did anyone watch Fox News just now? How come the senator did not mention the inefficient process of adjudicating the applications?





    JunRN
    07-16 11:11 PM
    I myself is interested to get the interim benefits now and not expecting to receive the GC right away. But I can feel the frustration of those who are already in the few last steps.

    After getting the EAD/AP within three months, I don't think our problem is solved already. We will be at certain point in time be in the same situation as the poster above.





    BharatPremi
    03-22 12:57 AM
    Gurus,

    Since EB2-India is current, I am exploring the possibility of interfiling.

    Goal: Interfile in such a way that my new application under EB2 (New case
    category) get attached with old case (EB3) priority date (07/2003) and
    thus enable me to take advantage of EB2 current PD as declared in
    April 2008 bulletin.
    GC Application/s history:
    -----------------------
    OLD APPLICATION

    Employer: xyz
    Category: EB3-RIR Conversion-India
    Priority Date: 07/2003
    Labor approved
    I-140 approved
    I-140 approval date: 06/2007
    AP and EAD approved
    485 receipt date: 07/1*/2007

    NEW APPLICATION

    Employer: ZAB
    Category: EB2-India
    Priority Date: 06/2006
    PERM LABOR approved
    I-140 approved
    I-140 approval date:08/2006
    No AP/EAD/485 applied under this application

    Notes: (1) Currently working for company CDE on EAD.
    (2) "A" number on both I-140 are similar and different from "A" number
    on 485 file.
    (3) Occupation codes for both category are "Close" and matches the
    job profile with current employment on EAD

    Question: Is my goal achievable? If yes, then what to do and how to
    proceed?

    Thanks in advance for any help to sort this out.

    - BharatPremi



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