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Thursday, June 30, 2011

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  • tcsonly
    07-11 06:21 PM
    Pasadena congressman Adam Schiff from CA supports legal immigration. I received an email from him recently stating the same.

    "In considering immigration reform, Rep. Schiff has repeatedly stated that he does not believe in amnesty for undocumented aliens, but he does believe that those who have been living in this country -- working and paying taxes -- should be given an opportunity to embark on a lengthy and hard-earned path to citizenship. However, he has made it clear that he does not support immigrants who are here illegally being rewarded for breaking our laws by jumping ahead of those who have sought to enter this country legally."


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  • rmdsouza
    06-18 10:53 AM
    Please check this article on Social Security...

    According to the Tax Ofi


    Taxes, but No Social Security for Indian H1-B Visa Holders
    Aseem Chhabra

    A few years ago Ajay Sehgal (not his real name), a young Indian high tech worker based in Connecticut, received a letter from the Social Security Administration.

    The letter stated that through the six years that Sehgal lived and worked in the United States -- first on an H-1B visa and later while his greencard application was pending -- he had contributed approximately $50,000 in social security taxes.

    Since he was unsure of whether his greencard petition would be approved, Sehgal thought he could cash in the $50,000 and return to India. So he approached his local social security office.

    "It is my money after all," Sehgal said recently. "If they will not allow me to live in this country, if I cannot retire in this country, then they should allow me to take my money and return to India. Right?"

    Wrong, said the local social security office. He was told that foreign employees (including those on H-1B visas) who may have worked in the America for a few years could claim social security benefits upon retirement, but this depends on the country of their origin.

    In fact, Sehgal later learned, as an Indian citizen on a temporary visa such as H-1B, he could not receive any social security retirement benefits -- even though he had legally paid his social security taxes.

    "An Indian national on an H-1B visa is here for a period of six years," said Herb Loring, a social insurance program specialist with the SSA office in New York City. "And this person would get nothing. That is the law."

    "But if this person came back and worked for four more years, under whatever status, and fulfilled the '40-quarters' exception rule, then this person could receive social security retirement benefits," Loring added. "Basically they cannot collect their money if they are an Indian national, unless they meet the exception."

    The '40-quarter' exception rule, Loring explained, means that this person should have worked in the United States for at least 10 years. He added that this exception rule applies to citizens of over 30 countries who may have been employed in America for part of their career. The list of countries includes India, China, Afghanistan, Thailand, Kenya, Tunisia and Bangladesh, he said.

    Loring added that workers from several Western European countries and Canada can claim social security benefits even if they worked in the United States for less than 10 years. The reason he said is the United States has treaties of reciprocity with these countries.

    "The reciprocity rule in the treaties means that if a US citizen went to this other country and worked there for a few years under that country's retirement system, then the US citizen could also collect retirement benefits from that country," Loring said.

    In addition, the United States also has 'totalization agreements' with some countries, such as the United Kingdom, under which US nationals can receive retirement benefits based on their combined work history at home and in the other country.

    But America has not signed any such treaty with India, Loring said. He suggested that the reason could be that India does not have a national retirement system similar to the United States and many other Western nations.

    "I cannot comment on the question of fairness or unfairness," Loring said. "This is law in the United States."

    But for workers like Ajay Sehgal the laws reek of discrimination, especially since the largest contingent of H-1B visa workers in the United States are from India and China.

    "I call this daylight robbery," Sehgal fumed. "This rule has to be changed."

    "Giving us a greencard or not giving us a greencard is your right. I fully appreciate it. But why do you rob us of our social security? If you are a fair country, either give us the greencard or refund the social security."

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  • jungalee43
    03-22 12:01 PM
    I would suggest our discussion with the congressional staff should focues on relief in two parts. Many in media are reporting that there is going to be another stimulus bill after healthcare reforms.
    So we should try to get waiver on green card quota limits for buying a house. We can make it part of stimulus bill.
    All other things including termination of country quota, racapture, exclusion of dependents can be part of CIR.

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  • pd052009
    03-08 08:11 AM


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  • ppt.b
    06-14 06:12 AM
    I agree with you that this isn't just fair to people who are stuck in DOL. People who have been waiting for years together will continue waiting while people who got their PERM approved as recently as this year will file for 485. Where is the justice in this? I guess DOS & USCIS have not clue what they are doing as far as the PD's are considered. Couple of months back they had retrogressed as far as 2001 (EB3) & 2003 (EB2) and now they have all become current. How can this possibly happen?
    Few of my friends purchased pre-approved labors paying thousands of dollars (which I don't approve anyways) and now they feel cheated having wasted the money for nothing.
    I am happy that at least the recent applicants do not have to go through the ordeal which most of the members of IV had to deal with for few years now. My sincere hope is that they value their GC as much as people who have been stuck in this backlogs. It would be a very ungrateful of them, if they think that getting GC's is a piece of cake and it can be obtained in a year. I hope & pray that PD remains current for few more months so that people stuck in DOL have an opportunity to file their 485's soon.

    Agreed, It is very unfortunate for people stuck in backlogs and I feel your pain... But would you rather have seen USCIS waste over 40000 visas by the end of the year without any PD movement (as reported by some on this forum)? We would have had another thread here blasting the inefficiency and unfairness of USCIS.

    Bottomline, I would not like to work in USCIS right now.. They are basically damned if they do, damned if they dont. That said, I do hope that BECs get their act together like USCIS is trying to and get everyones labor cleared by the deadline before the next retrogression hits.

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  • eb3retro
    07-16 01:23 PM
    i know imh1b. Idle mind is devil's workshop. You are right. He is a loser. His time in this community is limited. After that he will go back to where he belongs (he knows the location :rolleyes:)

    oscarzum is an anti immigrant from losers guilt without a job. He has failed to upgrade his skills and scared to compete with us.

    Ignore him.


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  • angelfire76
    08-29 07:04 PM
    So what, people in other lands can learn these laws and still do some work of

    a lot of companies are already getting their patent filing work done by attorneys and paralegals abroad. Wont be too long before your I-485 filing is also prepared from outside the US :)

    True. They are already preparing tax returns from India. I've heard of some tax preparers (competition to H&R Block) who have a VoIP phone and prepare tax returns by interviewing the tax filer. And they are lot more effective in getting a return. A small correction to AmericanDesi's observation that EB1 is for Ph.d . You don't need a formal Ph.d for EB-1. If you have demonstrable extraordinary ability which will benefit the US government and people, you come under that category. This usually requires 40+ peer reviewed publications in International Journals in your area. It isn't that easy buddy getting in under EB1 if you think that all you have to do is to be in school for 5 years and submit a thesis at the end of it. And it is getting tougher and tougher to get in under EB1 as they are scrutinized more.

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  • skalra
    01-17 09:21 PM
    I got my PP renewed in-person at DC office, two years ago. I dropped my old PP in the morning and picked up my new PP next day.


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  • Ramba
    09-25 06:52 PM
    I is only based on a law. In the past CIS used the law to implement one set of policy (horizontal spill over). Since the middle of 2008 CIS is using the same exact set of laws to implement a different set of policy (vertical spill over).

    They can interpret the law how the language was used in the legislation as well as what congress intended to do. Any way, before 2000, INA clearly enforce the veritcal spill over in EB catagories. After year 2000 (after AC21 amendment to INA) INA was modified to horizontal spillover. DOS did not noticed this change till 2007. Only after 2007 (after AILA&congress efforts) DOS paid the attention to the law change and exactly following the law. Till that point EB3 was benefitted. One of the purpose of AC21 law is, to remove country quota in EB catagories. The intension is, becuse of 7% country limitation, american competiveness should not be affected (to eliminate the limitation of the high skilled immigrants from oversubscribed countries in higer catagory).

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  • gumpena
    11-13 07:30 PM
    I have submitted my wife's passport for renewal by express mail during 1st week of October. I have not heard anything from them and not able to contact them by phone.
    It is reassuring that it is not me alone..


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  • paskal
    12-18 05:23 PM
    you be right amitjoey :-)

    just did not want the funds to be ignored, people forget to contribute when nothing is happening.

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  • belmontboy
    09-25 10:09 PM
    you cannot take one guy's response and generalize.

    Majority of EB2 members understand the problems faced by EB3. They are willing to work together. However it must be something better than the status quo.

    The strategies and solution presented must benefit vast majority of people rather than one specific group.

    I am totally against any effort that undermines one group and favor's other.

    Visa recapture is the only permanent solution to our problems.

    Would like to thank the one that left me a red with comments "thanks for your words of wisdom, but no thanks. pls stay away from this thread unless u hv something +ve to contribute. "
    I suppose your anger towards me is for the fact that I am an EB2 and not for what I am proposing.

    What bothers me is giving reds has become quite common to make one shutup rather than engaging in a civil Q&A discussion.

    Good luck to y'all +ve contributors


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  • needhelp!
    04-15 01:39 PM
    guys.. 30 minutes is a LOT.. I think I walked a little more than a mile. Feels good, but I think I'm getting a ear/head ache because of all that blood pounding in there.

    I'll "run mouse" for the rest of the day :)

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  • Zil
    10-06 09:24 AM
    Current mean: You should get documents including your medicals, photos, employment verification letterm etc., ready and file AOS at the earliest oppurtunity in nov. good luck

    EB2 ROW is current since oct 1, so if you have an approved i-140 you can file ASAP.


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  • shantak
    07-28 08:31 PM
    Wow, I am in exactly same boat, So , basically FP results are blocking EAD card production!!... next renewal, It will paper based EAD.!!


    EAD e-filed: May 27th
    Receipt notices received: 1st week of June
    FP done: June 19th
    Card production ordered LUD: June 28th
    Other soft LUDs: July 25th, July 27th
    Still waiting...

    InfoPass: This morning...07/28/08
    Per the guy at the InfoPass counter, the FP report was received on July 24th (which probably explains the July 25th LUD). He said EAD will not be printed or sent out before FP check is complete. In 2007, they did not run FP checks to issue the first EAD after July fiasco.

    So could this explain the delay that folks here are seeing? FP Code 2 was done for EAD, so not sure why this should take so long :mad: Maybe I am mistaken, but I thought that only FP Code 3 that's done for I-485 can take a long, long time. Can someone post info on EAD FP checks?

    Update: Here's what I have after some quick research on USCIS biometrics:

    You guys are atleast having some news to celebrate where in your petitions are approved. Im getting really concerned now as Im approaching closer to the end of my current ead expiration and I dont have any approval yet.
    I just dont know what to do
    Do you guys have any ideas for me??
    eFiled: May 23rd

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  • apb
    09-03 01:33 PM
    Best thing to resolve this is just to have one approval center.

    PD May 7,2004 @NSC -----Still waiting...

    Just wondering why we are not seeing anything for Mar/04 or earlier. My friend is dec-03. Would be interesting if we could figure what order they follow.


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  • JazzByTheBay
    07-11 11:55 PM
    Hopefully your optimism will be well rewarded... .:)


    Honorable Lofgren had brought about very valid points and it seems too good to be true. (pessimism)

    But if this is true We are all in, in next few days. (optimism).

    The Twist is if this is true chances are H. Lofgren will cut a deal, remember there are heavyweights on the other side too. Its too embarrasing for all of them. ( realism)

    I wish my optimism comes true though, that way I can tell my children when they grow up as to who made the difference and stood up for RIGHT CAUSE and questioned WRONG DOING without fear and that would be Hon. Lofgren.

    om namo shivay. (Amen)

    BTW our life has been between these three "ism" phases for god knows how long. (anantkaal) - time immemorial

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  • yabadaba
    07-14 10:17 AM
    3 business days ppl...monday-tuesday we ll see some info.

    on another note...lets say august bulletin shows movement. what about ppl who have filed on july 2nd and beyond..what happens to their application? fees, etc have already been sent..how can we pay the extra fees?

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  • GC_Dona
    07-22 03:32 PM
    My wife and I will be travelling out of USA to our home country in the first week of August. My employer's attorney will be applying I-140 and I-485 for both of us before we leave the country. My attorney has said that we could travel out of country without jeopardizing the validity of I-485 application as long as it is recived by USCIS prior to leaving the country. Because of a large influx of I-485 applications, USCIS won't be able to issue the receipt notice immediately but will take weeks to issue the receipt nos. However, when they issue the recipt nos, they will use the application receipt date as the date when the application was physically received by them (the day when Fedex or UPS...courier service delivers the applications to them).

    We will have to go to US consulate for H1B/H4 stamping and I am a little concerned if we would be able to get VISA stamping. I am in the 8th year of H1B extension? Both of us have I-797 approval notice for H1B/H4 valid until 2008. Has anyone travelled out of country and got the VISA stamps on the passport without any issues?
    My attorney says there won't be any problems.

    Looking forward to your inputs.

    10-13 11:38 PM
    There are lot of guys who filed in July still waiting for receipts..

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD

    05-09 04:11 PM
    Good article about Homeland Security fact sheet explains security checks for immigration benefit applicants


    There are plenty of name check experts around here.. any takers. Come on.

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