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Saturday, June 25, 2011

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  • gautamagg
    07-20 02:27 AM
    As some of you know that I don't really post on IV after the belittling of my posts and stand regarding F1 visas and support to Mr , I was asked by another IV loyalist friend who felt it was relevant I shared a letter I had sent to Mr. E Gonzalez over email yesterday as learnt of this issue yesterday.

    Dear Mr. Gonzalez

    I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.

    Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
    The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?

    On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.

    The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:

    Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.

    After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.

    Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html


    Thanks
    Gautam





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  • lazycis
    12-19 03:41 PM
    1. If I-140 is not yet approved and withdrawn, you lose I-485/AP/EAD.
    2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)

    http://www.hooyou.com/eb-1/faq.html
    Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?

    A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.





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  • mundada
    06-25 01:40 PM
    Subject: 13 years to get a green card through legal route!

    Message:

    Dear Sir/Madam,

    I will need in total 13 years to get a green card, even though I am employed in high skill job!

    I applied for green card in July 2006 under employment based category 2 (EB2-India), which is only for the people employed in a high skill job. There are more than 25,000 people waiting in this category and the annual quota is only 3,000. At this rate, I may get visa after 10 years or 13 years in total!

    Furthermore, I am restricted by law to work in the same or similar job category till I get green card. So on one hand the category wants bright people but on the other hand it stops that bright person from advancing in the career for not 1 or 2 years but 13 years!

    How human is it to make a person and his family who has been in this country for last 10 years, paid taxes on time, has no criminal record, and employed in a very high skill job wait 13 years to get a green card so that can start a normal life?

    Thank you for reading.

    Best Regards.


    Notes:
    Mr. Charles Oppenheim of the Department of State Visa Office stated on June 10, 2009 that there are 25,000 EB2 India cases that are pre-adjudicated but are waiting for a visa number.





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  • lazycis
    12-18 12:48 PM
    I am little confused here, do they take into account the reciept date or Notice Date ?.


    My Application was sent on July 2, and ack on July2, however the application got transferred to Nebrska, CA and back to Nebraska, and I am told the Notice Date is Aug 30. (If I go to Online website it says On Aug 30 we recd your appln like that) But I am July 2 filer.

    So if I want to move, should I think i am safe after 180 days which is jan 3 or is it March ?

    It's the received date as specified in the receipt (i.e. jan 3).



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  • GotGC??
    12-01 08:07 PM
    Just wanted to confirm - this discussion is pertinent only for cases where the new H1 (3 yr) is pending at the time the person travels overseas, right?

    For example, if your current visa (and I-94) expires on Feb 28, but you already have a new visa valid for 3 years starting Mar 1, you can re-enter US within Feb 28. Then you can go to Canada/Mexico/Home country, get the new visa stamped on your passport, and on that basis get a new I-94, right?

    I don't seem to see any confusion here....or am I missng something?





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  • laborchic
    09-18 10:21 PM
    Guys...


    DC Rally was a HUGE HUGE SUCCESS..


    I alongwith a group of 25 people just came back from the rally and we were glad to be there..


    IV CORE absolutely rocks...

    Details tomorrow..



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  • Lou_Sifffer
    04-18 12:28 AM
    Dude, you're wrong.
    care to elaborate?

    Which "dude" is wrong?





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  • krishnam70
    02-15 12:57 PM
    Krishna_brc is correct. H1 B alien can be on medical leave, sick leave and can be unpaid during that period.

    Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that is flies with the USCIS.

    Per law you are can get vacation for which the company has to pay you or you can also avail of unpaid vacation.

    good luck
    kris



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  • gsc999
    03-27 04:49 PM
    Pelosi sets the time-table in the House and Reid in the Senate. Since the bill was introduced in the House, I made the statement.

    Hope this clarifies things.

    Cheers
    Nat
    ---
    Yes, that makes it clear. My response was based on the title of this thread, "discussion on Senate floor in May 14-21" and the content in the quoted article. Its Pelosi vs Hoyer rather than Pelosi vs Reid





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  • gc??
    11-12 12:35 PM
    If you were a donor member you could have asked IV to help you. They helped people with EAD delays by talking to USCIS.

    If you read my post, I did say I got mine in time. I do appreciate what IV does.

    I donate when I can, thanks for letting me know that I have to donate.



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  • pponakan
    02-15 11:31 PM
    bbct :

    My wife was on maternity leave last year. She was paid partially by the State and partially by a 3rd party insurance company. Her employer did not pay for these, so they did not include it on her W2.

    I am not sure if your case is similar, but this is what I know about maternity leave benefits. BTW I am in CA, so I am not sure how it works for other states.

    AFAIK, Short term disability payments are not taxed by Fed and State. We got a W-2 from the 3rd party ins company. This W2 only mentions the payments as "Third-party sick pay" and does not add to the gross W2 wages. My wife also took the CA paid family leave which is paid by the State. We got a 1099-G from the state for this. AFAIK, the paid family leave payments are taxable by Fed but not by CA state. BTW, fathers are also eligible for this paid family leave in CA within the 1st birthday of the baby.

    HTH





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  • glus
    01-25 08:18 AM
    Thank you for the replies, I think I won't do anything further for the I140. I will try to get my H1B first. I am wondering in my case, will my H1B application be rejected due to the "I140 filed when F1"?

    Thanks again for the help!


    I sent you a private message.



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  • roseball
    04-09 04:57 PM
    I got RFE through attorney. It is asking following details

    1. Emloyment verification letter with present and intended permanent employer

    2. Last two months pay slips

    3. "Although your I 140 petitioner indicated in your initial I485 filing that you were employed by company A at that time, your Form G325 indicated that you were employed by company B and you were authorized by B at that time, please explain discrepancy"

    I am bit worried about question 3. I worked for company A and labor, I140 applied when I was with A.

    But during I485 filing I was with company B and in G325 I mentioned that.

    It looks like company A by mistake mentioned that I was still with them.

    I called my attorney he said its upto me decide which company I should work for.

    But I am not sure company A provides an employment letter for me because I am working for comapny B now.

    If B provides employment letter since it is >180 days since I 485 applied, will there be any issues?

    Please give your opinions...

    From what I understand, you changed employers before filing I-485 and used the same Labor/I-140 from the old employer to file I-485 while working for the new employer? Wow!!! And your new attorney filed your I-485? Your attorney should have known better....

    From what I know, it doesn't work that way, the 180 day rule applies to change of employment after filing I-485, not before you file it. You should have started a new LC/I-140 with company B and filed I-485 using the PD of the old approved I-140 from company A...But your case is not lost as long as you can provide an offer of employment from company A saying that they will hire you once the GC is approved...

    Obviously, this is my opinion and others can comment on this as well....





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  • vkrishn
    07-12 03:47 PM
    VB is out.. EB2 I moved to 01 March 06.
    **Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)



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  • Openarms
    06-13 02:39 PM
    As understand the process

    1) First one should change the employer with new job.
    2) Apply for new Labor (with EB2 requirements) -- PERM 3 months.
    3) Apply for new I-140 (use old I-485) -- PREMIUM 1 month.
    4) No need to apply for NEW I-485.

    Guys, this is the best option for EB3, use it.. with in 4 months you are current... let us port to EB2...no need to wait this VISA bulletin saga.





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  • H1BLegal95
    02-13 07:57 PM
    this is the core objective of IV and the current running campaign..

    technically the site should open to a page about "Have u sent ur letter ?" before any information is available to anybody.

    limit the no of replies seen by non- contributors (ppl who have not donated)



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  • newbee7
    07-04 11:50 PM
    http://online.wsj.com/article/SB118359095890657571.html?mod=googlenews_wsj





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  • ss1026
    04-07 10:36 AM
    Who r u to ask him to get lost??? Just becoz u have so many greens dozn't mean that u can rule the roost. Therez something called as freedom of speech and hez just using it. Its a free forum and u cant dictate terms here while u r a member here urself. Accept the truth and live with it. Whyz that some desis get so offended when someone rightly points out the dirty behavior of desi employers? He has a point and u need to respect that. And yes this is immigration related and causes awareness among the legal immigrant community. If that dozn't get into ur thick skull then God knows what doz. Maybe visa bulletin monitoring and RFEs and PDs???

    Go on give me reds now...

    Yes, the motive of the original poster could be questioned due to the nature of his first post. But do we really have a set rules for the first post. I have seen some new members getting reds coz they ask for help in their first post and get bombarded for not contributing or helping others.

    This post does not and cannot imply that any significant percentage of indians are into visa scams to make money. Whatever the original posters intention, this is a relevant post since it is immigration related. Most indians and similarly most EB GC applicants are legal, law abiding folks. Lets not get offended or take this personally. We have to mature and show that just coz some section of 'our' people do a misdeed does not reflect that all of those people are of the same color or morals.





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  • grupak
    03-25 09:45 PM
    Extension approved today 3/25/08 for receipt date 12/04/2007. Hang in there.





    priderock
    07-12 01:11 PM
    I agree with you map_boiler. I have also seen from some other thread that some one with EB3/India/Apr 2004 PD got approval in July. If the July bulletin is void , How can they approve that ?

    You are right , It looks like they approved cased with NO PD but with ready FBI check and also requested numbers for the current PD but sec check pending.

    If a APR2004/EB3/India can get approval after Jul 2 , How can they reject EB3/INDIA/DEC2003 but filed on Jul2 ?

    Returning numbers raise whole lot of questions. It remains to be seen how they try to untangle this mess.





    JunRN
    02-11 05:12 PM
    It i svery hard to make predictions because of the possible distortion in the trend due to the new NC>180 day rule.

    If you know Process Control, we need to wait for it to settle down for at least 2 more months (by June) before the trend starts to normalize.



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