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Sunday, June 19, 2011

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  • lazycis
    11-30 06:35 PM
    When is this name check reform getting implemented. Why is is so difficult to implement ?

    Because the USCIS did not implement name check procedures properly in the first place - they are not required by law and are not codified in the regulations, the USCIS can implement new procedures simply by issuing inter-office memorandum. One day is enough to do this. I anticipate this may happen within the next two months, more likely early next year. But one can never predict the USCIS, it does not have logical behavior :)

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  • gc28262
    03-27 12:27 PM
    Matters related to Driver license are largely decided by States but with "Secure ID Initiative" passed in the Congress, some of the powers have shifted to the Federal Govt. Many aspects of Secure ID initiative are still work in progress but some of the states have taken pro-active steps.
    Driver license is not merely used for letting the person drive BUT ALSO serves as a photo ID.
    Your immigrant status is linked to how long you can stay in this country. Your stay in this country is prescribed by the laws established by USCIS, Department of Homeland Security and other agencies. Driver's license is the single most important photo identification is this land. It shows who you are, where you reside and if you are legally in this country.
    You use your photo ID to board a plane, when applying for a loan, to deal with various govt. agencies etc.

    As for your question as to why driver's license is used for ID: That same question has been debated by lawmakers and thus came the idea of "Real ID". Go lookup info regarding Real ID and you will be pretty happy with using Driver's license as the ID.

    Why is any of the above causing your grief ? Why references to slavery ? As long as the system is transparent and documented on their websites (like DMVs), I fail to understand your angst.


    I understand that is the way rules are being framed in this country. For me, right to drive is a human rights issue. Unlike other countries, where public transport system is well established, in USA you can hardly move without a drivers license and a car.

    Using drivers license as an Id, for me that is non-sense. Drivers license should be used for what it is meant for, driving.

    US may make n number of laws. As a self respecting individual who just happens to be on a non-immigrant visa, I cannot digest the reasoning behind these laws and cannot agree to so many hurdles being put up for a basic need like a DL.

    If they want an ID, let them separate it from drivers license.
    I can't agree to every single law being setup by some ignorant lawmaker.

    Some examples.
    NC DMV had a law stating that you have to have SSN to get DL. ITIN was not acceptable. How would our non-working spouses on H4 drive when they are legally present in this country ? Is it fair ?

    TX DMV has another rule that says unless you have at least one year remaining on the visa you won't be issued a license. What if somene moves to TX during last 6 months of one's visa and can't get a license while their extendion for H1 is pending with USCIS ? One should not drive in the last six months of his visa. Does it make sense ?

    I have come across many such restrictions/situations which does not make sense. So my angst.

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  • jsb
    12-29 09:40 AM
    Some ides that I have heard work are

    1) Calling congressman/senator and asking them to help your case.

    2) Writing to Ombudsman.

    Since no one in America does much of anything in December I am planning to start trying with congressmans office in mid Jan. I have to do something and try - I cant keep sitting hands folded. Or they will say quota is over before we know it - remember ROW is at 2005.

    That's true that Dates becoming current does not necessarily ensure that someone will work on your case. Writing to Ombudsman might help (but not necessarily). There is a simple form, Form DHS-7001, fill it and send to Ombudsman (address to send to is on the form - you can search for the form). They forward it to your Service Center for an answer within 45 days. If your dates remain current for this 45 day period, there is a chance that your Service Center will look at your case. If not, Service Center may just wait until your dates are retrogressed again and send a standard reply that you are not current.

    Taking an InfoPass might initiate some action too.

    Best of luck....

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  • ca_immigrant
    06-01 08:16 PM
    2 votes for me and my spouse.

    also sent it to a couple of friends for thier vote..

    one more note...last night it was at around 500 votes...now it is at almost 1300

    if something comes out of it great,,,,-:)
    if nothing then nothing to loose.


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  • belmontboy
    02-27 06:47 PM
    this thread is useless. Please delete!

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  • dilvahabilyeha
    07-02 05:07 PM
    Medical: 200
    Photos: 25
    Lawer: 2500
    Fees (if app accepted): 1450 (Fees later if not accepted now but later: 2500)
    Travel + Certificates + photocopies: 150

    Total: 2875+(1450 or 2500)


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  • seahawks
    09-15 08:52 AM
    [QUOTE=gc_in_30_yrs]I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.

    very feel good message depending on who you talk, but it matters from person to person and situation to situation. When your wife cannot work, and she used to be working in India, when dont know where you are going to be tomorrow, from contract to contract, when your decision is influenced by your employers and when you wait in long lines to get an appointment in the counsulate and everytime you travel abroad, you take tonnes of paper with you, not knowing if enough documentation is proof enough to let you back in and paying 2 to 3k from your pocket in getting extensions and visa stampings and you have been waiting for the past 4 years and still dont have your labor cleared, and DOL shows its IN PROCESS or a standard email you get from them saying an analyst is reviewing, thats when you wish you had a green card. Why, spending 7 years if its going to be to get a GC can create a Generation gap, can create dents in relationships, your loved ones sacrificing for you giving up their careers, in this mordern day and age, just to fulfill your american dream sounds very selfish. To live with it every day makes it harder. The only thing to not send me back is, what if someday I have to start over all this again if it makes me regret someday, I should just waited a little more to get though this process:)

    Feel good, but dont give up! Keep talking to people, send emails, letters to senators and congressman, support IV on their initiatives in how muchever you can, if you can is the tone we should set in this forum!

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  • kishdam
    02-16 09:14 AM
    I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
    - kishdam


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  • bkr
    12-18 08:03 PM
    My advice is to take a new job, leave the current employer on good terms and forget about AC21.

    One more question, If we opt for AC21, can the previous employer revoke I140 (After 180 days) ? will that impact I485 ?

    Please advise.

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  • neoklaus
    10-26 09:06 PM
    on Oct 23 mine and daughters GC were approved.
    But not for wife. do i need to file service request for her or something?

    Many Thanks to IV!


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  • WaldenPond
    03-16 12:20 PM
    Here are comments from Senator Specter about the developments.


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  • thescadaman
    06-16 10:51 PM
    I will support this effort.


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  • raysaikat
    04-10 10:11 AM
    Lol, they can.....and they'll charge like $200/hr for everything w/o H-1s willing to be relocated at moments notice.....the industry can't afford to pay someone higher just because they are 'American' if it is not profitable for them......leads back to the original point....

    And thus you are supporting the point made by anti-H1-B lobby that H1-B visas are being used for depressing wages. And secondly, what makes you think that an "american" will charge outrageously more compared to someone equally competent on H1-B?

    From a legislative point of view, a good law should have a good underlying policy designed to serve "most" (if not all), but it also must be easy to enforce. H1-B law already has "legal" safeguards like the employee must always be paid (even if there is no project to work on), employee must not pay for the H1-B fees, etc. These stipulations are blatantly violated by software consultancies in general, and they do it because it has been proved to be very hard to catch (poor employees will say nothing in the fear of losing their job and worse, having to go back home). Thus the law is clearly not enforceable with the means available to DOL, USCIS or DOS. No doubt, there are very competent, high paid consultants on H1-B. If they were 90% of the people, we wouldn't be having this conversation. The situation in all likelihood is reversed (only a small percentage of consultants on H1-B are really competent and highly paid). Removing the privilege of H1-B from consultancies will remedy a lot of real and perception problems of H1-B at one go.

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  • seeking_GC
    11-05 01:12 AM
    If you look at the pending data by USCIS, there is a huge bump >4K in March 2005 so for Eb2I to cross that will be a significant milestone.


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  • sanju
    07-06 09:03 PM

    Why did you choose your screen name as 'Hopefull'? Are you hopeful about yourself? Or are you hopeful about others? Or may for everyone? Either way your message and tone of your post doesn't sound hopeful for anybody. Could you please consider changing your screen name to "HOPELESS"? This would help eliminate the hypocrisy due to your screen name. What do you say?

    BTW, Full Time job is NOT a virtue. Kindness towards the environment you live in is a virtue. Let’s all HOPE and pray that you could gather some of the real virtues of life.

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  • nirenjoshi
    06-27 08:56 AM
    You have already got your case approved. Then why do you mention " ... shall we all unite and file the applications ..." This is like Al Gore wasting energy in his own office and preaching to the world to reduce global warming.

    I dont see any merit in your suggestion. Rather to the cynical eye, it all seems sinister.

    I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.

    To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.

    This will also reduce the pressure among applicants , attorneys and doctors.

    Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??


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  • McLuvin
    03-04 10:59 AM
    EB3 Movement - Any Hopes?

    Any Hopes.... My PD is March 2003.... Something should happen.... I know that a movement of 18 months is something i cannot ask for... but again if there is some light at the end of the tunner..... :D

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  • rameshraju11
    11-25 05:54 PM
    Pappu and Forum Admin,

    1. I would recommend you to discuss with USCIS on EB1 Application Fraud for MNC( Consulting Service Compnaies) Managers by their Employers. This is one issue we should be more careful. Brought up this issue with USCIS and Recommend more scrutiny on these kind of applications since a lot of fraud in this area and by passing the whole process and harming every genuine applicant.

    2. Remind USCIS about the quarterly spill over according to the Law


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  • AUG2005GC
    08-22 12:02 AM
    I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.

    I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
    Filed 485 in July 2007 & got EAD/AP.

    Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.

    Filed EB2 labor in March 2009, Got approved in Jan 2010
    Got EB2 I140 approved in March 2010
    Late March Case transferred to Local Office.
    Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
    Date got current in July.
    - Call multiple times 800 number only standard response
    - Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.

    I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.

    Best Luck!

    07-02 03:23 PM
    Total 1000 for Medical - self
    UUSees and Attorney Fees - EMployer

    02-02 08:59 PM
    pretty darn hard to vote :smirk:

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