gc_check
06-08 01:59 PM
There is a SLIM chance that CIR might come back this year, but if this CIR is taken again with its current provision for the EB Category and H1B in it, it is very bad for many of us.
Plan B, I think must be, trying to insert or get some sort of SMALL provision that would alleviate the problem for vast majority of us, into some appropriation bill (Read some where there will be 11 appropriation bill taken up this summer) as the appropriation bill must have to pass for the government to function.
I would either try for filing AOS while visa numbers are not available with an extra fee of $1000… or recapture of unused visas from previous years and use them once without country limit might help. As long as we are not asking for some thing new or more, but like recapture, change of process to ease the current problem, etc might have a SMALL chance.
Plan B, I think must be, trying to insert or get some sort of SMALL provision that would alleviate the problem for vast majority of us, into some appropriation bill (Read some where there will be 11 appropriation bill taken up this summer) as the appropriation bill must have to pass for the government to function.
I would either try for filing AOS while visa numbers are not available with an extra fee of $1000… or recapture of unused visas from previous years and use them once without country limit might help. As long as we are not asking for some thing new or more, but like recapture, change of process to ease the current problem, etc might have a SMALL chance.
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JunRN
09-12 08:43 PM
It seems USCIS wants to make money through MTR. $585 to file MTR.
gconmymind
06-14 06:34 PM
I am currently on H1 and plan to get married in India next month and file 485 for me and wife next month. She will be able to travel with me on H4. If she starts using EAD after getting it, does that invalidate my H1? I plan to continue with the same employer on H1.
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srmeka
05-01 11:17 AM
Thank you IV for all the efforts. Here is my $100 contribution.
receipt ID: 5592-3503-6169-4658
receipt ID: 5592-3503-6169-4658
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sunny1000
06-27 05:25 PM
bump
Totoro
05-11 08:38 PM
I am working on this with some lawyers, so be patient. The Stimulus payment is a benefit, regardless of what the SSA says, but you don't need to do anything else now. Just keep any communications you have with them in case you need to refer to them later. You do not need to have an SSN in 2008, since you can apply for the stimulus payment in 2009 if you did not get it in 2008. This rule is posted on the IRS website. I also have significant documentation the PROVES this is a benefit, in addition to the material I posted in the OP.
From the Wikipedia article that you referred to:
Federal Benefits
The transfer of money, property, services, or anything of value, the principal purpose of which is to accomplish a public purpose of support or stimulation authorized by Federal statute,…and includes, but is not limited to, grants, loans, loan guarantees, scholarships, mortgage loans, insurance…, property, technical assistance, counseling, statistical, and other expert information; and service activities of regulatory agencies.
Also, the SSA defines a benefit as follows:
20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a "valid non-work purpose" results when the "law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement."
I have a ton of documentation to support our case, but I don't want to post it here until I have had a chance to discuss our strategy with the lawyers who are working on this.
Please do not refer to the stimulus payment as a rebate in any communications you have. It is not a rebate, which implies the return of money paid. Many people who earn no taxable income can apply for the stimulus payment. This makes it different from any tax scheme. The fact that the IRS administers the program does not prove that it is a tax program. Moreover, official IRS documents refer to the stimulus payment as a benefit similar to food stamps, not a rebate.
From the Wikipedia article that you referred to:
Federal Benefits
The transfer of money, property, services, or anything of value, the principal purpose of which is to accomplish a public purpose of support or stimulation authorized by Federal statute,…and includes, but is not limited to, grants, loans, loan guarantees, scholarships, mortgage loans, insurance…, property, technical assistance, counseling, statistical, and other expert information; and service activities of regulatory agencies.
Also, the SSA defines a benefit as follows:
20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a "valid non-work purpose" results when the "law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement."
I have a ton of documentation to support our case, but I don't want to post it here until I have had a chance to discuss our strategy with the lawyers who are working on this.
Please do not refer to the stimulus payment as a rebate in any communications you have. It is not a rebate, which implies the return of money paid. Many people who earn no taxable income can apply for the stimulus payment. This makes it different from any tax scheme. The fact that the IRS administers the program does not prove that it is a tax program. Moreover, official IRS documents refer to the stimulus payment as a benefit similar to food stamps, not a rebate.
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saimrathi
07-18 03:29 PM
Please close this thread... Someone wanted to apologize, they apologized... done deal... no point going on.. I have mentioned in my posts before that if you dont like someone or what they have to say add them to Ignore list, their posts wont show up while you are browsing threads... Lets keep the forum clean and informative... Thanks...
Most people showing their cool wisdom still not getting the point. A BEC person with Feb 2005 PD may not be able to file for another 2 years while a PD 2007 person will be enjoying EAD during that time. In my dictionary this is injustice. And that's why i was kinda happy when they updated the July bulletin, now I'm not really happy even if my company has already filed my 485/EAD on july 2. I'm still wishing (and i'll be honest) USCIS come up with a reason/regulation/rule that will delay EAD for everyone until BEC people are able to file 485 OR in Oct they retrogress only till March 2005.
P.S. if you are superstitious, you want to know this: most of my relatives/freinds call me "Black Tongue" because usually when i say something unpleasent it happens. e.g. i told my wife last month that i don't believe everyone is able to file 485, something will go wrong and everyone will be disappointed. (when everyone expects something it does not happen- contrarian theory)
Most people showing their cool wisdom still not getting the point. A BEC person with Feb 2005 PD may not be able to file for another 2 years while a PD 2007 person will be enjoying EAD during that time. In my dictionary this is injustice. And that's why i was kinda happy when they updated the July bulletin, now I'm not really happy even if my company has already filed my 485/EAD on july 2. I'm still wishing (and i'll be honest) USCIS come up with a reason/regulation/rule that will delay EAD for everyone until BEC people are able to file 485 OR in Oct they retrogress only till March 2005.
P.S. if you are superstitious, you want to know this: most of my relatives/freinds call me "Black Tongue" because usually when i say something unpleasent it happens. e.g. i told my wife last month that i don't believe everyone is able to file 485, something will go wrong and everyone will be disappointed. (when everyone expects something it does not happen- contrarian theory)
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Milind123
06-14 11:48 PM
Vinn,
Here are just a few that I can think of rightaway.
1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.
2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.
3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.
4. Fee of EAD is being hiked to $340 per year.
5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.
6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.
On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.
EAD allows you to work any type/number of jobs that is the big PLUS though!
TIA
Great points. Is it possible for the primary applicant to continue on H1 and the secondary/dependant applicant apply for EAD?
Here are just a few that I can think of rightaway.
1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.
2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.
3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.
4. Fee of EAD is being hiked to $340 per year.
5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.
6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.
On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.
EAD allows you to work any type/number of jobs that is the big PLUS though!
TIA
Great points. Is it possible for the primary applicant to continue on H1 and the secondary/dependant applicant apply for EAD?
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whiteStallion
09-10 04:49 PM
Any updates ?
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Marphad
01-13 10:07 AM
...I will donate minimum $100 for the cause.
You can't donate for a particular cause on IV. You donate and core team decides depends on priority what to do with that money.
You can't donate for a particular cause on IV. You donate and core team decides depends on priority what to do with that money.
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stucklabor
03-20 10:17 PM
Thanks for the clarification, Dixie. Your explanation that 'special rule labor certifications' mean that the candidate is the best person for the job, not minimally qualified, makes sense. Do you have a posted reference somewhere - a USCIS rule or DOL clarification - regarding this?
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nixstor
06-24 05:47 PM
Just called.
The lady's voice lit up when I told her I was from San Antonio. She took down my information and zip code.
She told me that she has informed other callers to also ask people from Mr. Smit's district to call. That would be more effective.
June05,
Encourage your friends to call for themselves and your co workers on your behalf.
if you can talk to your boss and have him/her call on behalf of your organization explaining the difficulty, its even better.
The lady's voice lit up when I told her I was from San Antonio. She took down my information and zip code.
She told me that she has informed other callers to also ask people from Mr. Smit's district to call. That would be more effective.
June05,
Encourage your friends to call for themselves and your co workers on your behalf.
if you can talk to your boss and have him/her call on behalf of your organization explaining the difficulty, its even better.
more...
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kartikiran
06-11 08:41 AM
Kartik, as long as we, the EB3 do not come forward and collect huge amount for lobbying, we will continue to lurk here for many more years.
Unfortunately the sad part is, whatever lobbying is done actually helped only EB2 I, may be due to a wrong notion by USCIS that all Hi-tech immigrants are EB2. This could be a fact as there are thousands of 245 cases that fell into EB3.
Another bad thing was that USCIS release this VB yesterday which means one extra day to CRY.
I do not blame any one, but ourselves. We do not want to spend money and hence dying in this process. No solution, but cry at every VB day.
caliber, agreed with your comments. I also see here now we lost a buch of support from EB2 community because of one visa bulletin. People fail to realize come october 2010, dates will retrogress because spillover is applied at the end of a fiscal year and not the beginning.
If EB2 community thinks they are going to get green card just because they got current, that shows how blind-sided they are about the process. Because getting current is only the first step. there are lot of members who have been current and have waited years to get green card.
anyway, I guess for the next 3-4 months it will be EB3 community trying to lobby for changes and EB2 members looking at visa bulletin.
It is sad USCIS has managed to bring this split into the community by playing with visa bulletin. Anyway, we will get everyone back in Oct 2010 when dates retrogress.
No...I am not crying and I never did. I am secure with whatever life has thrown at me.
Unfortunately the sad part is, whatever lobbying is done actually helped only EB2 I, may be due to a wrong notion by USCIS that all Hi-tech immigrants are EB2. This could be a fact as there are thousands of 245 cases that fell into EB3.
Another bad thing was that USCIS release this VB yesterday which means one extra day to CRY.
I do not blame any one, but ourselves. We do not want to spend money and hence dying in this process. No solution, but cry at every VB day.
caliber, agreed with your comments. I also see here now we lost a buch of support from EB2 community because of one visa bulletin. People fail to realize come october 2010, dates will retrogress because spillover is applied at the end of a fiscal year and not the beginning.
If EB2 community thinks they are going to get green card just because they got current, that shows how blind-sided they are about the process. Because getting current is only the first step. there are lot of members who have been current and have waited years to get green card.
anyway, I guess for the next 3-4 months it will be EB3 community trying to lobby for changes and EB2 members looking at visa bulletin.
It is sad USCIS has managed to bring this split into the community by playing with visa bulletin. Anyway, we will get everyone back in Oct 2010 when dates retrogress.
No...I am not crying and I never did. I am secure with whatever life has thrown at me.
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amitjoey
05-27 03:59 PM
Thank you KRS, checklaw, navinms, TempWorker, vshar, rkg000, sanju_dba, vallabhu, vinodmp, metroparknj, satishbsk, kkt_tkk, akkotai, bikram_das_in, what_now, sweet23guyin, mantagon, WantGCQuick for your contributions today!!
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amit_sp
04-30 10:53 AM
Just contibuted another $100, Receipt Number: 1735-7394-6342-4534
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walking_dude
09-22 12:22 PM
My dear friend you don't understand a thing, and are poorly informed!
EB visas account for only 14% of total visas awarded. Those previous "hallowed" GCs you lament about, have been given to countless refugees, asylees, Family Based Immigrants , in countless Amnesties to illegals - way before we took to the streets. Your uncles and aunts weren't the only ones who got GCs back then, they shared it with a majority of others who didn't even pass highschool!
If you look at the current process, 50,000 GCs are given away in a lottery to any one who applies - no qualifications necessary ( so called "Diversity Visas"). A large number of GC applicants claim that they are too poor to pay the fees (asylees and refugees) and they get it gratis! Many get GCs for no reason other than their brother or sister is a US citizen ( in fact they out number us 3-to-1).
Regarding taking to the steets , if Gandhi hadn't taken to the streets you'd still see 'Dogs and Indians not allowed' signs all over India. If MLK hadn't taken inspiration from Gandhi and taken to the streets in USA, there would still be openly 'Whites Only' places here. If Nelson Mandela hadn't been inspired by Gandhi and taken to the streets, there would still be Apartheid in South Africa. Taking to the streets doesn't make one "cheap".
How do you say H1 person is unworthy, where as F1 is smart? A lot of smart F1s later transition into H1s smartly to continue here while waiting for their GCs. If your intent was to prove your "F1" smartness and superiority, you are not helping your cause, by making such ill-informed and frivolous statements!
A visa (or lack of it) doesn't make a person worthy or unworthy. He/she needs to be a good human being first, who understands the sacrifices made by others.
smartness + Good human being = worthy person
smartness + asinine attitude = SmartAss
What do you want to be? Choice is yours
I did not go to DC because i did not want to get the green card this way.I grew upwatching aunts,uncles coming from USA bearing gifts.I grew up watching cousins go for USA for higher studies.It used to be so special. Now its become so cheap. Now you guys have literally taken it to the streets. There's no difference between those illegal immigrants and us. This H1visa has ruined it for really smart students who come here on F1 with full scholarship.
This software industry and these cheap bodyshopping companies made it nothing more than a whore business.
My heart is broken. I dont care anymore.thats why i did not come to DC.
EB visas account for only 14% of total visas awarded. Those previous "hallowed" GCs you lament about, have been given to countless refugees, asylees, Family Based Immigrants , in countless Amnesties to illegals - way before we took to the streets. Your uncles and aunts weren't the only ones who got GCs back then, they shared it with a majority of others who didn't even pass highschool!
If you look at the current process, 50,000 GCs are given away in a lottery to any one who applies - no qualifications necessary ( so called "Diversity Visas"). A large number of GC applicants claim that they are too poor to pay the fees (asylees and refugees) and they get it gratis! Many get GCs for no reason other than their brother or sister is a US citizen ( in fact they out number us 3-to-1).
Regarding taking to the steets , if Gandhi hadn't taken to the streets you'd still see 'Dogs and Indians not allowed' signs all over India. If MLK hadn't taken inspiration from Gandhi and taken to the streets in USA, there would still be openly 'Whites Only' places here. If Nelson Mandela hadn't been inspired by Gandhi and taken to the streets, there would still be Apartheid in South Africa. Taking to the streets doesn't make one "cheap".
How do you say H1 person is unworthy, where as F1 is smart? A lot of smart F1s later transition into H1s smartly to continue here while waiting for their GCs. If your intent was to prove your "F1" smartness and superiority, you are not helping your cause, by making such ill-informed and frivolous statements!
A visa (or lack of it) doesn't make a person worthy or unworthy. He/she needs to be a good human being first, who understands the sacrifices made by others.
smartness + Good human being = worthy person
smartness + asinine attitude = SmartAss
What do you want to be? Choice is yours
I did not go to DC because i did not want to get the green card this way.I grew upwatching aunts,uncles coming from USA bearing gifts.I grew up watching cousins go for USA for higher studies.It used to be so special. Now its become so cheap. Now you guys have literally taken it to the streets. There's no difference between those illegal immigrants and us. This H1visa has ruined it for really smart students who come here on F1 with full scholarship.
This software industry and these cheap bodyshopping companies made it nothing more than a whore business.
My heart is broken. I dont care anymore.thats why i did not come to DC.
more...
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mayhemt
09-12 06:55 AM
Good that some parts of main stream media are tracking issues on EB green cards.
I don't want to raise/discourage everyone's hopes, but the post is relying on a leader, who lost count to this houses & has the track record of flip-flopping a lot about number of issues & who is hated among veterans even though he himself is a veteran.
However this gives a great opportunity to IVians, with respect to making EB issue visible to MSM (MainStream Media); Pretty soon there will be a debate between Sen Obama & Sen McCain; Similar to party debates, I guess there will be youtube videos, with polling involved. If we work towards pushing the issue towards debate (by creating & voting on these videos), then candidates & parties may start taking serious look at it and we may see light at the end of the tunnel (hopefully not an incoming train).
I don't want to raise/discourage everyone's hopes, but the post is relying on a leader, who lost count to this houses & has the track record of flip-flopping a lot about number of issues & who is hated among veterans even though he himself is a veteran.
However this gives a great opportunity to IVians, with respect to making EB issue visible to MSM (MainStream Media); Pretty soon there will be a debate between Sen Obama & Sen McCain; Similar to party debates, I guess there will be youtube videos, with polling involved. If we work towards pushing the issue towards debate (by creating & voting on these videos), then candidates & parties may start taking serious look at it and we may see light at the end of the tunnel (hopefully not an incoming train).
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anilsal
11-09 12:41 AM
There has been a change. It is starting in January.
We have a lame-duck season to get across. If CIR/SKILL bill is going to take time after Jan, let us get the smaller items in, until then.
We have a lame-duck season to get across. If CIR/SKILL bill is going to take time after Jan, let us get the smaller items in, until then.
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I_need_GC
07-01 08:24 AM
Ok, As promised I am giving you an update I contacted my attorneys office yesterday the most senior attorney was out so I spoke to her assistant and according to him, If USCIS made a mistake then its their mistake not mine once the GC card comes enjoy it and if they realized they made a mistake 3 years from now or 5 years from now well by that time my PD would probably be current so whats the difference. He did recommend I wait longer than 5 years to apply for citizenship buts thats a long way ahead. It just might be my 4th of July gift. :) I will keep you all updated on any changes.
go_guy123
08-08 11:53 PM
why didnt ur friend apply for MBA in canada?....i think a lot of people have misconceptions and pre-conceived notions about canada.......they think of US as the best and canada does not even figure in their list of options......i have got fooled once into h1b to US unaware of the broken immigration system.......wont happen again......i believe the ones in US on h1b visa from india should spread the word about the pathetic EB 2/EB3 india scenario so that no one else gets lured into US by h1b candy
Yes it was his first lesson. Yes US is good but not for EB2-I/EB3-I. I was also fooled when I came for my MS before. Not anymore.
Yes it was his first lesson. Yes US is good but not for EB2-I/EB3-I. I was also fooled when I came for my MS before. Not anymore.
Jaime
09-14 01:21 PM
Today! Today! Today!
Today you make up your mind to attend the rally!
We are your IV friends!!! Come join us in DC and change what's wrong! et's go together and fight for our hard-earned Green Cards!!!!
Today you make up your mind to attend the rally!
We are your IV friends!!! Come join us in DC and change what's wrong! et's go together and fight for our hard-earned Green Cards!!!!
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