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  • mirage
    08-04 03:23 PM
    I never give any red or green dot to anybody nor do I care what I have. As, you said what you felt was right, other users did the same to you...

    I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.

    Good Luck and I hope everyone gets GC soon.

    ____________________________
    US Permanent Resident since 2002




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  • chanduv23
    09-15 06:57 PM
    hi! i just contributed $100.00 via paypal transaction id is : 1GE522823P5726434

    U DA MAN - THANKS - PLEASE MAKE IT TO THE RALLY AND GET OTHERS ALSO




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  • ilwaiting
    04-25 10:28 AM
    I was and is always a believer that PD should be the date a person started working on H1B. In this way fair treatment can be given to immigrants who are here "legally" and paying tens and thousands of dollars in taxes each year. The current immigration reform is broken. I was working in US since 1998 and was on H1B status since then. Due to simple twist of fate I had to move because my old employer was not doing well. I'm sure there are thousands of others like me.

    In enacting this law it would actually help USCIS itself help them in adjudicating cases. Moreover USCIS has complete entry exit record of employees and easy to adjudicate who was in or out of status on H1B/or any work visa.

    Think about it. When USCIS can allow a person who came in 2004/2005 get ahead me in the EB queue simply by using a substituted labor with an older PD and jumping in front of queue before me which "I think is unfair". I wonder why USCIS can't justify giving PD based on when a person started working on H1B visa(dual intent visa).

    Mind boggling and troubling immigration laws :confused:




    Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!




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  • GCBy3000
    07-23 05:21 PM
    What will happen to IV in next few months if every one gets GC? Will there be a Pappu / waldenpond / whoever? I am seeing today lots of people getting GC. I am happy for them.

    Assume one day there are no backlogs and no country quota limit. What will be IVs agenda? I want to be active member of IV even after getting my GC helping the future immigrants. At least I say that now :)



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  • B0ka
    03-13 11:02 AM
    I am a bit curious. How did you manage to stay in same company for 7 years. Or did you do labor transfer or changed company using EAD/AP.

    Surprisingly, I have been with my employer since 2000. With all the economic issues going on in 2000/2001 it took us 2 years to file my labor.




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  • anilsal
    07-28 11:03 PM
    There are many folks who have their GC process going on since 2001, 2002 etc. This BEC thing was a bane for many people and many of them squeezed past it and got approvals (2004 EB3 etc).

    So nothing is fair in the immigration process. Suck the frustration and start involving yourself in IV activities. Start by becoming a contributing member (and updating your signature with it). If you do not have the courage to do it, then do not start new threads.



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  • anurag_bhatnagar
    06-28 02:30 PM
    I got my certified yesterday 6/27
    EB-2, India, Atlanta feb 21'07




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  • vparam
    09-24 03:23 PM
    VPARAM, can you pls tell me the procedure/process of opening a company? You can PM me if you want pls.
    i think I have stated it earlier...

    for handsfree , you could either do it through accountant or legalzoom.com once you set up the company, you need to get your Federal tax id for the company, then file for any local city business license ( few cities have that requirement), Open a bank account...

    Please PM me if you still have questions... In this thread I had posted my reply and also given the accountant details , who helped me...



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  • Jimi_Hendrix
    10-26 05:42 PM
    Why you need to support legal immigration reforms?


    I am a legal immigrant to United States and my permanent residency application is pending because of backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of undocumented workers, insufficient resources, procedural inefficiencies and poor understanding of the legal immigration problem by congressional representatives are some of the contributory factors.

    Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models because they enter the country legally. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.

    Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
    1) Legal immigrants cannot change employers and/or job title
    2) Spouses of legal immigrants cannot work unless they have separate work authorization
    3) All major financial and career decisions are on a hold
    4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
    5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
    6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.

    Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter. While majority of immigrants are skill-based immigrants in top immigration-friendly countries, in the USA skill-based immigration constitutes a minority of immigrants. The lack of adequate immigration benefits is often cited as one of the factors promoting illegal immigration. It is clear that the current system is antiquated and needs a major overhaul.

    Lately, an awareness campaign has been launched by Immigration Voice (6,400 strong group representing skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Comprehensive Immigration Reform is frozen in view of approaching elections and earlier political deadlock. It is expected that Congress will be attend to pending immigration needs after the elections. In the meantime, it is imperative to garner support for legal immigration reform. After all, the efficiency of the legal immigration system will encourage future generation of immigrants to come to America legally. Will the average American citizen support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.

    Best Regards,

    JH
    =============
    published on nov 16, 2006
    http://news.ncmonline.com/news/view_article.html?article_id=86f99ab1b7774fc7f6a26 f10eb4183ba




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  • gumpena
    07-20 03:11 PM
    Kennedy, Clinton voted against this... I dont know what they are thinking..



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  • vparam
    09-18 09:41 PM
    vparam/ anyone,

    i have 2 questions

    when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?

    also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?

    thanks in advance,
    manderson

    -----------------------------------------------------------------------------------
    Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
    �MurthyDotCom
    In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
    Source: http://www.murthy.com/news/n_yatmay.html
    I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.

    Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.

    you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible




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  • jonty_11
    09-10 03:02 PM
    Remember this is the October VB...so thisis waht is in store for teh next Fiscal year..Oct 08 to Sept 09....so be ready for another year of drudgery....

    Sometimein July Aug 2009, they will move dates again to prevent wastage..and again some lucky bastards will get thru...unlucky-always i.e. u and me...with continue to tread these forums....I need a break.............



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  • Sakthisagar
    02-24 08:40 AM
    Hi Folks,

    I am here for the past 10 years, 2003 I changed my H1 company and they applied my GC on EB3 , and again I missed the 2007 fiasco. because my Mother was ailing and have to rush to our Mother land India, and I lost my Mother too. Unfortunately last time when I applied for the H1 extension on Sept 2009, they were just implementing the client Relationship stuff without any notice, I could produce the client letter and agreement even though my I-140 is approved, they gave only 1 year extension, this Sept 2010, I again have to extend my H1,if I did not get my EAD by that time.

    In this times, two things are possible, One is a CIR, introduced in Senate and it passes with necessary vote, at this political situation it is most unlikely, and also if CIR fails then all our legal immigration will be passed as piece meal amendments. and the Visa recapture happens, Otherwise President, Senate and Congress together should know the situation we are all in and they take a decision on EB category, mind you, Legal immigration is blocked politically by Illegal Immigrants!. or USCIS should feel the back log reason, because of the 2000 amendment all our people back home coming as familes (nothing against them! everyone moves to greener pastures and good opportunity). In US, even if we are the most highly educated, all these carrer hike and promotion stuff goes by business situation, and as we all know US is still on recovery phase as far as economy is concerned, So be patient at least this year or next year some good news for all of us. Praying for all here in this situation. This is not a Problem, this is a Situation, even this will Pass away.

    May GOD Bless




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  • Legal
    07-05 12:42 PM
    I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.

    We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.

    Dear Senator,
    I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).

    Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.

    This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.

    We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.

    Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1) Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2) Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.

    I make this sincere request on behalf of all legal skilled immigrants with the hope that people who played by the rules will be rewarded.
    Yours Sincerely,



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  • gsrknth
    07-14 02:55 PM
    Great Idea.
    Confirmation: 7YB6J-R6KW8




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  • nashim
    08-11 04:35 PM
    Is it Rumors or True?

    If it is true then really its very good news and we can see 140 approvals soon.



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  • conundrum
    09-10 11:48 AM
    Same here - Masters from US, with PD 2006....Stilllllllllllllllll waiting!!!!!

    I was reading an article handed over by my Lawyer sometime back - the whole GC process was designed to be completed in 6 mos. end-to-end.

    This goes to show how outdated the process is, plus the resource crunch they may be facing at USCIS.

    All in all - it's a black hole...only your 'karma' can get you out of it:)

    Check my signature! I have a MS and PhD from here... be thankfully you are so far ahead with your processing!

    I can understand your frustration, but try to empathize with guys who have PD before you and are stuck in this lousy system.




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  • uma001
    05-19 09:59 AM
    This is the reply I got form Nevada Senator

    Thank you for contacting me regarding immigration reform. I value the opinions of every Nevadan and am grateful to those who take the time to inform me of their views.

    America is a nation of immigrants but also a nation of laws. The national security of the United States depends on an immigration policy that first and foremost secures our borders. Our immigration policy also must demand accountability from those who hire illegal workers by creating a national employee verification system that employers would be required to use to verify the legal status of their employees and imposing severe penalties for employers who hire illegal workers. We should welcome those who want to enter the country legally, learn English, maintain employment, pay taxes, and contribute to our communities. We should not have to accept those who are not working full time; who have committed a crime or may present a danger to American citizens or legal immigrants; or who go on, or are likely to go on, public assistance or become dependent on any other government program.



    I think we can all agree that our current immigration system is broken and that our schools, hospitals, and law enforcement are bearing the weight of its failures. Our prison system is overcrowded, and costs incurred from incarcerating criminal aliens continue to rise. The Department of Justice estimates that one in five federal prisoners, and more than one in ten state prisoners in Nevada, are non-U.S. citizens. That is why I support the Department of Homeland Security's Immigration and Customs Enforcement initiatives that give state and local law enforcement the necessary tools to stem illegal behavior, such as the expansion of the Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) program. The REPAT program paroles non-violent criminal aliens serving state sentences so they can be deported. In Nevada, 2,560 criminal aliens were flagged for removal in Fiscal Year 2008 and 2,183 in Fiscal Year 2009. Reform is necessary and should be in America's best interests and not encourage additional illegal behavior.



    Once again, thank you for contacting me on this very important issue. If you should have any further questions or comments or would like to sign up for my monthly newsletter, please feel free to write or e-mail me via my website at John Ensign, United States Senator of Nevada: Home (http://ensign.senate.gov).



    Sincerely,



    JOHN ENSIGN

    United States Senator



    JE/RD




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  • chinna_sss
    06-25 01:06 PM
    Employed based people investments. I think everyone know how employment based people is earning .




    pitha
    06-02 11:35 PM
    You are being too naive by giving benefit of doubt to senators and blaming some lowly staffer. The senators and there cohots (aka ron hira etc) who wrote this law wrote it specifically so that

    1. to make it difficult to get green card through h1b route
    2. make life even more difficult for people already stuck in retrogression.

    I wonder where the famous "compassion" that both democrats and republicans talk about while giving amnesty aka Z visa to illegals who came here as early as Jan 1 2007 but are sticking it to us EB folkes who have been here following the rules and paying taxes for the last 7 to 8 years.


    If the current law passes , god forbid it wont. It is indeed scary to many : Becoz its primarily becoz of all backlog processing centre Labors, H1 sixth year extensions etc. I dont know how the heck designed this draft and i am sure all those senators wouldnt havebeen aware of all these H1B , GC Employment based numbers some staffer would have done this .




    chanduv23
    09-12 11:52 AM
    can we put up forum threads here for state chapters or some kind of direct link or page for each individual state chapter
    Doing state chapters through list servs is just not working out.

    I think IV is trying to bring State Chapters also onto the website instead of individual list serves. I do not have any details, maybe pappu or Aman can throw light on this. But nevertheless, we can currently execute things in the way we are doing now.



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