Wednesday, June 8, 2011

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  • chanduv23
    05-15 07:39 AM
    There was a campaign on wrongful denial in AC21 , there was also letter campaign not sure what happened after that ? It was IV action item too... What was the conclusion ? should we all suffer even if it is a training issue, if they act such nice on letters , then why they act as if there is no form and if AC21 is for real aliens from a real alien world.


    Bigboy - those were good enough to help us reach Ombudsman's office and the result of those campaigns was that the Ombudsman's office now have a page on their website addressing this issue. Not sure how much it is helping though but as such, if anyone is having case problems, they have to contact the Ombudsman because their office is officially supposed into case problems and am sure - they have their liason at the service centers who may monitor such decisions at an individual case level.

    Not quite sure why these things are continuing to happen.




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  • cheg
    07-23 03:21 PM
    Wow! Good for you! So when did you apply for your I-485? Please let us know the details so we can compare it with our situation. My husband is EB3 as well with PD Feb 2005 (Philippines). Thanks!




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  • SGP
    04-22 09:38 AM
    Hi: Does anyone have update on how long is it taking to get PERM approvals now days? I have applied for my 2nd labor under EB3 at end of March 2011.

    Replies are always appreciated. many thanks in advance.

    Hello.... Anyone there?:confused:




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  • waitforevergc
    02-18 03:05 PM
    where did you get this information from? source?



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  • andy007
    07-18 04:32 PM
    You will be able to see your actual RD in the reciept notice...Donot worry..

    Can you please specify which numbe do we need to call & and what we need to enter (PD, I140, bla bla) to get the Receipt Date.......

    Thanks




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  • JazzByTheBay
    09-10 08:53 PM
    It doesn't hurt to dream... :)

    jazz

    Guys,

    Keep the cool. USCIS is very unpredictable as we all have seen. Get ready to see the dates move forward pretty quickly this year! There are more chances to have increased visa numbers and things can only go UP from here on.

    Watch the documentray "The Secret" and put your positive thoughts out there...



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  • hiralal
    05-29 12:05 AM
    if your loan is denied while on EAD ..count yourself as lucky !!!
    my advice ..be careful before you take a plunge when on EAD or on temporary visa (H1).
    -----------------
    MONDAY, MAY 25, 2009
    OTHER VOICES
    The Housing Hurricane Will Howl Again
    By MIKE MORGAN | MORE ARTICLES BY AUTHOR
    This is only a lull in the housing hurricane.

    WE'RE OUT OF THE EYE OF THE HURRICANE, but here comes the back half of the storm. A lot of people think that we've seen the worst of the housing crisis. They're talking about green shoots and glimmers of hope, when they should be back in the storm shelter, preparing for a flood of inventory that will overwhelm the markets and produce another round of falling prices

    For the past few months there has been a semi-moratorium on foreclosures. Most institutions with delinquent mortgages didn't foreclose. The signs that blanket many neighborhoods have been posted by a fraction of the lenders. Now the rest of the banks are rushing to get their properties on the market.
    [ov]
    Christoph Hitz for Barron's
    We're still supporting misguided programs that only add to inventory woes. They encourage builders to put up more homes and penalize anyone else trying to sell a home.

    As a Florida real-estate broker who works with bank asset managers to dispose of foreclosed properties, I get a good view of this market. From December 2008 through mid-March 2009, the number of asset managers calling to discuss REO (real estate owned) properties on their client banks' books dropped by more than 80% from the level at which it previously had been running. In the past two months, however, asset managers have been busy, with most interested in how many properties we could handle at once.

    Law firms for banks are once again lining up to file foreclosures and to process evictions. The asset managers we work with have warned us to expect a flood of properties, beginning in early June. This will hit as the number of potential buyers continues to dwindle. Builders, traditional sellers and investors who entered too early are already loaded with REO properties.

    ALL OF THE OBAMA administration's attempts to revive, resuscitate and shock the housing markets into recovery have failed. Potential buyers can't purchase homes when they are losing their jobs, regardless of how attractive the credits and mortgages are. The price of homes will continue to fall until the properties are affordable for potential buyers.

    If an investor could purchase a home and rent it out for close to breakeven, we might be getting close to a bottom. But we are nowhere close to that level in most critical markets. Until it is approached, prices will continue to fall. In fact, the negative cash flow now evident, along with the flood of properties coming into the inventory pool, warn of lower prices.

    There's no light at the end of the tunnel yet. We're still supporting builders through misguided programs that are only adding to the inventory woes. California decided to offer a $10,000 credit to buyers of new homes, on top of the $8,000 federal credit. But California made the $10,000 available only for new homes purchased directly from builders. That shows the power of the builders' lobby, but it only adds to California's housing-industry problem. It encourages builders to construct dwellings we don't need, and it penalizes anyone else trying to sell a home.

    Housing inventory soon will flood a market in which more than 500,000 homes are being built each year, even though the annual sales pace for new homes is closer to 300,000. We must also deal with a system clogged with impossible short sales, a surge of second and vacation homes being dumped, and third-wave flippers realizing that they entered the market too soon.

    FOR THE BANKS, the back half of the hurricane will destroy balance sheets, unless the Obama administration comes up with another plan to mythically mark these assets on the books. Or we might see some chimerical plan to write down mortgage payments, or move toxic mortgages into a dark pool, or create some new illusion that glosses over the problem.

    Our experience with banks' selling REOs is they realize about 50%-75% of what they initially think they will get. Moreover, their expenses to bring these properties to market and manage them are growing. Court systems bogged down with foreclosures are raising fees so that they can hire additional staff. More and more homeowners being evicted are stripping homes to the bone, removing appliances, fixtures, carpet, cabinets, air handlers, motorized garage-door openers and anything else that they can carry off or sell.

    Unemployment presents a two-pronged problem. If homeowners lose their jobs, they have difficulty meeting mortgage payments. And a high jobless rate forces more people to put their homes on the market.

    During the housing bubble, many second homes were purchased with the mythical equity from primary residences. These second homes are coming onto the market at an alarming rate, as many middle- and upper-class sellers need to raise cash. In some very exclusive private communities in Florida, where home prices are in the seven figures, more than 50% of the homes are on the market. (For more on the vacation-home market, see Cover Story.)

    Unfortunately, there are no signs of recovery, despite the hype and the twisting of numbers in many media reports. The end of the unofficial moratorium on foreclosures, combined with rising unemployment, signals that the back half of this housing hurricane is only just beginning.




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  • GCwaitforever
    06-20 02:44 PM
    One of my friends received labor approval from Philly. His priority is October 2003, EB3, Non-RIR. Of course, my PD is from November 2001 and one other guy's is from August 2002. They were not processed, but my friend got a break from the drab BEC. Strange things happen in life. :)



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  • bobzibub
    06-26 07:46 PM
    nothing if people leave!! and similarly it gains a little bit if people stay and continue.
    which raises a good point for the author (who started the thread) ... earlier it was a unwritten rule that a person gets GC in max 5 years ..but as times changed immigration rule did not change and hence we have long wait lines nowadays ..
    how much US loses ..a study will have to be done ..but I remember reading a story about a UN study ..which said immigration helps all countries as long as it is controlled (study may have included little bit of uncontrolled too) ..so it said even India gains from illegal bangladeshi's ..because they do lot of work which many Indians don't do. and ofcourse in today's world background check is a must.
    how it helps ..most of us know ..immigrant stays at his job for a long time..to keep the status ..whereas natives keep hopping. hence lot of expense in training (this applies from a restaurant to a hi fi IT company).
    the point is at what point the person in line will break (and go elsewhere) ..maybe a study has to be done (no one would do it though).
    some reports did say that lot of Indians and Chinese went back to their countries (not necessarily for immi ..but I won't be surprised if USCIS was a key factor ..some of my friends (atleast 10 -15) left and now work from India ...and are training more people out there, pay taxes there, all services (from grocery to tourism taxes, education etc etc etc there) ...

    The illegal immigrants working in the Swift meat packing plant when ICE raided cost Swift almost $100k per individual, if I recall. Consider what skilled immigrants cost the economy. I've worked in my company for four years now. They could replace me, but there is a lot of knowledge lost if I walk or have to leave.

    For people to claim that employees can be replaced with little or no cost, especially skilled employees, they betray their lack of knowledge of economics.




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  • prem_goel
    07-06 10:56 AM
    I think the impetus required by IV will take time. Just 2 years ago, most of us got EADs/APs for themselves. It'll take time for the frustration to build up in those people who missed the boat. Their numbers are not many. It'll be a while before their numbers grow and they demand some kind of similar action from the US government.



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  • bigboy007
    06-03 01:40 AM
    I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:

    ================================================== =

    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.


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

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.




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  • arnab221
    07-20 12:32 PM
    750,000 applications ? Does that mean the PD will be 01 Jan 1900 after October ? I think you grossly overestimated the number of applications . If the GC quota is 9800 for India then to process 750,00 applications ( most of them will be India I am sure ) will take like 20 years . Thats impossible man !!!



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  • vin13
    03-12 03:20 PM
    With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.

    I totally agree to this. Everytime i try to bring this point across all that is being asked is go contribue some money. I have contributed money before and i will contribute lot more if i know what it is getting used for.

    There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.




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  • acruix
    07-09 05:50 PM
    PD Mar 2003
    I-485 Posted June 29 '07 / Reached July 02 '07



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  • ItIsNotFunny
    03-12 10:50 AM
    Looks like it only tracks people who donated for FOIA

    Not true. Anybody donates will get Donor status. This is started for last few days, so people who donated in last few days get this. Pappu mentioned that he is planning to cross reference this with old donations but not sure whats happening there.




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  • Green.Tech
    06-02 04:46 PM
    Wake up people!



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  • bajrangbali
    06-11 10:41 AM
    Guys, I have thrown out my ideas and you can take what suits you from it. As someone mentioned nothing is illegal in it. If you find something, please explain what and why.

    My conservative estimate was 100K people pulling 50K$ out..that would be 5 billions...if more comes out even better

    Fight for legislation?? Does anyone has any hopes on it still? You would get piecemeal concessions here and there..but the Indian EB immigration community as a whole gets nothing good out of it...2 year EAD, 5 yr EAD..just to wipe the tears...come on guys think out of the box.

    You argue it is not discrimination but it is law. I say the law is discriminatory and nobody wants to change it (remember the horses discussion instead of EB immigration discussion in senate), do you need any better example than this?

    Anyways, I leave it to your own judgement..and I am going ahead with my plans...I am not planning to leave the country anytime soon so I am not yet into the drastic measures I mentioned, but I sure have started the funds transfer to Indian banks, pulling out of mortgage application and moving out of US equities markets. Also, I am reducing the amount of money I pump into US economy which is currently 5K per month to ~3-3.5K per month. If it makes any difference I am making ~400K a yr from my job and other investments...




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  • Milind123
    09-17 11:49 AM
    It is not my intention to make anyone feel guilty. Taking you there doesn�t solve my purpose. It is very momentary and there is a sense of regret for both of us, if this happens. You will repent for pulling the trigger and I will repent for not trying hard enough to make you see things the way I see it.




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  • bkn96
    12-01 09:50 AM
    Hmmm....I am still wondering...

    1> How much money an applicant will spend on MTR? on self, on dependents?
    2> How much money an applicant will bleed to move to US District Court?
    3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
    4> if he looses EAD job, will CIS again punish him for not having a job?
    5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
    6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?

    (sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)


    1. MTR -USCIS fee$585, Lawyer fee vary between $750 to $3500. Dependents another $500 extra in lawyer fee
    2. US court no idea - but RG website says they take cases free of charges if case is strong as they can get attorney fee from USCIS..




    gcseeker2002
    05-02 08:37 AM
    My guess is that you will probably end up paying more than $600 additional in tax amount.
    Is a h1b holder a nonresident alien or a resident alien ? It says on IRS site that you dont get stimulus if you are a nonresident alien.




    franklin
    07-16 01:59 AM
    ...let your Nor Cal members know - I'm trying to prepare a comprehensive document with lessons learned from the San Jose rally. Sort of a post mortem "what went right, what went wrong, how to improve" thing. It may take a few days, as we are all recovering and catching up!

    Feel free to pm or email if you need anything or have questions.

    I don't want to sound like a know-it-all, but we are more than willing to help out however we can.

    Drona, from SoCal, was up for the rally and integral in helping out as well.



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