Friday, June 24, 2011

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  • Libra
    09-11 11:52 AM
    thanks pankajkakkar and iam_1900 for your contributions.




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  • seahawks
    04-25 09:22 AM
    I agree, even though its a good idea, we need to be focussed and go with what is achievable. If we get side tracked, we may not get anything accomplished.




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  • i4u
    05-06 03:00 PM
    called one more round - both sets.
    Build the pressure..........




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  • browncow
    07-05 05:09 PM
    The idea is very brillinat and this actually benefits the current IV core too.
    Usually, people get tired of leading a non-profit, too much of ones personal resources go into it.
    A new leadership will bring new energy in form of people getting a title and make them more accountable to needs.
    Every current commitee(current IV core) actually is the backbone of a non-profit, cos they carry lots of assets, in terms of connections they have developed, money they have accumulated, goals that they have set, etc...
    So the current IV core can support the new commitee and take their help to take the organisation forward.
    And as I previously mentioned, the organisation does not or should not cease to exits once our goals are met, they should then be lead by other non-immigrants who will have a whole different set of issues.

    usually, a non-profits exec committee is elected by its members.
    for eg. the 2009 members (paid), can vote for the IV president and the committe.

    it doesnt make sense for evey EB immigant to go and start a new non-for-profit.



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  • black_logs
    04-25 01:14 PM
    Guys let me clearify it. We cannot change our agenda at this point . It is not an option. We have done 1000's of hr discussions with QGA and so many meetings with various Senators and Congressmen to get our agenda finalized. Adding something new to our agenda is not an option. But this is a very healthy discussion going on here. Pleople can send personal comments and ideas to the lawmakers. This is surely a very good suggestion.

    . I agree. Also, since F1 is not a dual intent visa this will not hold water. Anyways this is a ridiculous demand. We are not the law makers and we should consider ourselves lucky that couple of IV's amendments are in a few of the senator�s bills, though there are no guarantees if they will be included in the final text or let alone be passed. We should only push for what is already include in the 2 bills and not confuse everyone every time one of us comes up with this "brilliant" idea of using H1B entry date as priority date. So what's the next amendment we want� include the day I first envisioned that I will come to America as the priority date. WE NEED ONE VOICE and we have already been heard so let�s stick to what is practical and push those amendments through.




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  • desi485
    11-14 06:09 PM
    One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:

    http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16

    so I am sure there are some provisionsI hope 'lazycis' will provide some more info if he sees this post.

    Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)

    Chandu, also see this link about cancellation of employment authorisation.

    http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a3791be48df2a5191102c84123773141&rgn=div8&view=text&node=8:1.0.1.2.54.2.1.3&idno=8

    � 274a.14 Termination of employment authorization.
    (a) Automatic termination of employment authorization. (1) Employment authorization granted under �274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the following events:

    (i) The expiration date specified by the Service on the employment authorization document is reached;

    (ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to �274a.12(c) of this part where appropriate); or

    (iii) The alien is granted voluntary departure.

    (2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section.

    However, automatic revocation under this section does not preclude reapplication for employment authorization under �274.12(c) of this part.

    (b) Revocation of employment authorization —(1) Basis for revocation of employment authorization. Employment authorization granted under �274a.12(c) of this chapter may be revoked by the district director:

    (i) Prior to the expiration date, when it appears that any condition upon which it was granted has not been met or no longer exists, or for good cause shown; or

    (ii) Upon a showing that the information contained in the application is not true and correct.

    (2) Notice of intent to revoke employment authorization. When a district director determines that employment authorization should be revoked prior to the expiration date specified by the Service, he or she shall serve written notice of intent to revoke the employment authorization. The notice will cite the reasons indicating that revocation is warranted. The alien will be granted a period of fifteen days from the date of service of the notice within which to submit countervailing evidence. The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization.

    (c) Automatic termination of temporary employment authorization granted prior to June 1, 1987. (1) Temporary employment authorization granted prior to June 1, 1987, pursuant to 8 CFR 274a.12(c) (�109.1(b) contained in the 8 CFR edition revised as of January 1, 1987), shall automatically terminate on the date specified by the Service on the document issued to the alien, or on December 31, 1996, whichever is earlier. Automatic termination of temporary employment authorization does not preclude a subsequent application for temporary employment authorization.

    (2) A document issued by the Service prior to June 1, 1987, that authorized temporary employment authorization for any period beyond December 31, 1996, is null and void pursuant to paragraph (c)(1) of this section. The alien shall be issued a new employment authorization document upon application to the Service if the alien is eligible for temporary employment authorization pursuant to 274A.12(c).

    (3) No notice of intent to revoke is necessary for the automatic termination of temporary employment authorization pursuant to this part.

    [52 FR 16221, May 1, 1987, as amended at 53 FR 8614, Mar. 16, 1988; 53 FR 20087, June 1, 1988; 61 FR 46537, Sept. 4, 1996]



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  • funny
    09-12 03:15 PM
    ^Bump^




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  • ramus
    07-06 12:58 PM
    I think I am missing something.. Can anybody explain what they did today.. I am still trying to find out difference .
    Thanks.


    What the USCIS has done today is what they call "Locking the stables AFTER the horse has bolted" ;)

    What a bunch of idiots, i swear this is WORSE than ANY of our home countries. Like I told my friend yesterday, atleast if the USCIS call center was based in India, the answers would have been consistent. They may have all been Wrong, but atleast they would be consistent.



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  • bharol
    08-13 05:20 PM
    EB2 requires Masters or 5 years of experience. For those waiting in the queue for more than 5 years should automatically qualify for EB2 because they have 5 years of experience. I dont care the fine wording that says the job needs Masters or 5 years of experience. We should push lawmakers for this option to reduce the huge backlog. What do others think of this option and start a campaign for it?

    Experience gained on the same position for which labor was filed, is not counted.
    Logic being that it would be seen as on job training and they could have
    easily hired a US citizen with less or no experience and trained him as well.

    So the experience should be before joining that position as temporary worker.

    Person offcourse can chose to quit the company and join another company
    and file in EB2.




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  • eb3_nepa
    07-14 10:27 PM
    I feel IV actions are hurting EB3-I more than any one. It just my feeling. I contribited close to $500 and my time.

    I understand your pain ( I am in the same boat ). EB3-I PD:June 2003. All we can do is keep the struggle going.

    Why should you contribute, because if it wasnt for IV following up with Congresswoman Lofgren, your signature would simply read:

    "PD Date: 03/2003 EB3,i140 aprvd from NSC: 09/2005".



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  • satyasaich
    03-15 08:41 AM
    Let's try after few more minutes

    Did anyone else get through? I was trying www.capitolhearings.org Dirksen226!




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  • ychousa
    07-18 05:32 PM
    There seems to be 2 different opions about the process after CIS has received hundreds of thousands of applications until Aug 17th.

    1. Once received, CIS cannot sort out the applications according to PD, so only RD is important.

    2. PD is still an important factor, so if CIS is stuck with tons of applications on their hand, they will prioritize them by PD, which means if you have PD Dec 2004 and RD Jul 25 2007, you will be approved earlier than someone with PD Mar 2005 and RD Jul 2 2007.

    Greg Siskind, an immigration lawyer known to most folks here for his blog, says in his new FAQs that CIS should work on by PD.

    I think that's a fair thing, but I'm wondering how they would be able to sort out the flood of applications. Any idea?



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  • gumpena
    08-02 05:17 PM
    How do you guys get this daily update.. going by this, it will take them 2 months just to clear first 2 days of july - even after assuming all receipts issued are for I-485 cases, which is far from truth!


    This includes I-485,I-765, I-131, I-140..




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  • ragz4u
    03-09 09:36 AM
    Title 1 amendments are done and have moved to Title 2 for discussion. The ones important to us is in Title 4,5.

    Any links to the amendment titles?



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  • sbmallik
    09-13 02:33 PM
    I am not promoted. I believe my case is based on my MS + couple of years exp. All these details are what ever I know. Please seek expert attorney advice. I think attorney knows better based on our situation.

    Good news!! Next step is to file I-140 (is your employer filing in premium processing?) and upon approval, interfile with the existing I-485 application to port the priority date.




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  • learning01
    04-26 10:41 AM
    Bkarnik:
    I respect the efforts of IV and actively support them.. To kick up some dust and buzz, amongst our American collegues, TV news reporters, talking heads, professors etc., I suggested that we must write about this injustice. Taking SS Tax and Medicare tax from non -immigrants is injustice. Americans will not tolerate injustice. What we are discussing here, whether we should do something about this collectively at IV, so that our GC processes will be speeded up, as a indirect consequence. This great country should understand more the injustice is being done to us, the highly skilled immigrants

    - in visa extension / stamping issues (a family has to spend 6 to 10 grand to get a visa stamping, appointments are not availabe for next 4 months etc)
    - in employment (cannot take promotion, cannot easily change jobs without losing Priority Date),
    - in labor clearance and
    - in GC Process (visa numbers, etc)

    Thanks for the links. I didn't read them as I don't have to. I had indeed done research on the visa stamping issue. I am not ignorant, but I take your words as compliment.

    You must understand employment visas, like H1B are non-immigrant visas. That alone should make Uncle Sam stop collecting SS Tax and Medicare. If any trial lawyer does a class action law suit or what we call a Public Interest Litigation, the US government should be in lot trouble. Because no one is questioning, they are passing on. I was also told by a SWA high official, that there is a provision, that you can opt out of deduction of SS Tax and Medicare, if you are on H1.

    I want to focus on core IV goals. I will not post any further on this SS Tax issue. But, my last word is: dual intent is dangerous and applicants will be denied visa and entry into US. So, readers be careful. You have a non-immigrant visa.

    From US Embassy in Canada for visa stamping requirements:

    WILL I QUALIFY FOR A VISA?
    In order to qualify for most categories of U.S. non-immigrant visas, you must be able to demonstrate to a U.S. Consular Officer that you have a permanent residence outside the United States that you do not intend to abandon. You may satisfy this requirement by showing you have strong economic and social ties to your country of residence. "Ties" are factors that would require you to return to your country of residence, upon completion of your temporary visit to the United States.
    LIN: US Embassay Canada. GOV (http://www.usembassycanada.gov/content/travel/halifax_OF-156.pdf)



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  • makemygc
    07-06 02:19 PM
    Make sure you don't have internet in that area :D (You might accidentally login here are ruin your vacation)

    Well that's hard to find because in India even villages have better communication system these days. They all use cell phones since govt could not provide land lines. Internet is definitely all over the place.




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  • zoooom
    08-19 03:14 AM
    Bump




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  • gc_kaavaali
    07-14 04:55 PM
    Please contribute guys...just $5




    bkarnik
    04-26 09:38 AM
    bkam,

    I PRECISLY UNDERSTAND THE DIFFERENCE BETWEEN SS, MEDICARE VERSUS TAXES.I was just mocking at the ridiculousness of your demands. Hey, if you think that the government agencies are treating legal immigrants badly and we are being "cheated and treated like retards", may be all of us should move to a country where the laws are more flexible, aah… like India. How often have you been on a forum in your home country lobbying for injustices being rendered to citizens, none probably. Just because we are in a country where there is a small chance for a group of people like ourselves in the IV have the privilege to have our voices heard does not mean we ask for the sun. Do you think in a economy like this with high gas prices, the war, and not to mention the ailing social security system and everything else asking the government to stop taking SS tax and Medicare from non- immigrant workers is going to fly, I DON’T THINK SO. And not only that we will end up looking like a bunch of guys with outrageous demands.

    So all I am saying is the issue is not SS or Medicare or entry date being the PD, but it is MORE IMMIGRANT VISA NUMBERS. I think we have lost our focus after the bill was shot down in the senate. We have just ONE demand if I am not mistaken, and I think the core team will agree with me on this and that is to ease retrogression by having more visa numbers in the pool for countries like India and China and that should be our only demand.

    Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)

    Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D




    HV000
    07-21 07:46 PM
    It's A Shame That Most Of Preminant Democrats Have Voted No!!!



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