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  • Shailesh76
    12-09 10:34 AM
    Here is my letter with names out:
    Dear Senator,
    My name is -------, and I am a highly skilled technology consulting professional from India. I came to the U.S. back in 2000 on employment and since then, I have made an excellent contribution to all the employers that I have worked for. My current work involves consulting in Public Sector for a State Police Agency. I am involved in developing an information system that will increase officer safety, and boost crime prevention and control.

    However, I feel that my human rights are being violated.

    My wife, --------, is a CPA - a highly qualified and accomplished individual. She cleared the NASBA CPA exam with flying colors in first attempt.

    However, she feels her human rights are being violated.

    This is so due to an issue called Employer Based Green Card Retrogression.

    In these years, we have earned top notch dollars, paid taxes, made charitable contributions, visited numerous craft fairs and bought American products, and participated in the cultural diversity of this country. Highly skilled and accomplished as we are, we don't have a life.
    We don't have a life, because we don't have security and peace of mind. We don't have peace of mind because after toiling for more than six years, we are still temporary workers. We don't have a green card yet.
    Because we don't have a green card, life has come to a hold. Here's how.
    For the longest time we didn't participate in my employer's 401 K plan because we weren't sure if we will get our green card and become permanent residents and hence be able to enjoy fruit of our labor after retirement. I didn�t buy life insurance, or make long term investments for the same reason - unless we get a green card it seems like we are living in an exotic refugee camp. We haven't bought a home because our H1Bs have always been tied to a particular employer, and there is always this chance where if for some reason one of us loses our job, then we will not be able to afford the mortgage and may also have to leave the country in a matter of days, leaving no time for us to sell the house.
    Senator, where is my American Dream? Why has America created a temporary workers' program which is completely unfavorable to the worker's quality of life and long term welfare?
    My wife's H1B visa is expiring this February 2007, and since her green card was not filed and mine has no chances of showing up in that time, she will have to quit her job and sit at home - almost under house arrest. I can't even imagine what it would do the morale and self-confidence of a dignified woman who has earned her living through her hard work all these years.
    Senator, we are in a crisis.
    EB Green Card backlogs have resulted for individuals coming from high-demand countries, even when the overall cap has not been reached and regardless of the fact that these high-demand countries are often the only source of individuals capable of filling high-skilled jobs. Those caught in the backlog are forced to spend up to seven years waiting, unable to become true stakeholders in this country, putting their lives on hold in the hopes that a green card will eventually become available to them. Not surprisingly, these talented professionals often tire of waiting and leave the U.S. to put their knowledge and skills to use in other countries eager to compete with and surpass the U.S.

    But this need not be the case.

    By passing legislation that provides H-1B and EB green card backlog relief, you will be showing your support for enabling the best and brightest from around the globe to contribute their skills and knowledge to the U.S. economy, which is good for American workers, American businesses, and the country�s long-term economic health.

    I request your support for the High-Skilled Immigrant Interim Relief Act of 2006 bill introduced in the Senate by Senator Cornyn. This bill provides relief to legal high-skilled immigrants waiting patiently for their permanent residency and gives required impetus to innovation and competitiveness in the U.S. A similar bill popularly known as the Securing Knowledge, Innovation and Leadership (SKIL) bill was introduced in the Senate by Senator Cornyn and co-sponsored by Senators Allard, Allen, Bennett, Enzi, Hutchison and Lott. This bill has also been introduced in the House by Rep. Shadegg and co-sponsored by Reps. Conaway, Doolittle, Flake, Hoekstra, McCaul, Pence, Shimkus and Tiahrt.


    I am a member of Immigration Voice, a national grassroots organization of legal high-skilled immigrants. Our organization is committed to helping the United States maintain economic competitiveness by retaining the world's best and brightest talent in the United States.

    My family and about 500,000 others are in urgent need of your action in this matter.




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  • indianabacklog
    08-06 07:09 AM
    My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

    but i have a valid point mentioned after the follwing subject. please check if the point is valid.
    ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
    REF: (A) 02 STATE 163054 (B) 02 STATE 123775

    -------

    If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to

    follow-to-join, then the date on which the derivative will be considered to have sought LPR status for

    purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the

    derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to

    join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted

    in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary

    within one year of a visa becoming available (i.e., within one year of the case becoming current or petition

    approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens

    adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the

    I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
    (READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

    I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
    IS THERE ANY OTHER WAY ANY ANY ANY WAY???
    CAN THEY APPROVE IF I REQUEST THEM ?
    WHAT IS the way out?

    I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.

    I have found this point please have a look and determine if there is a chance?

    VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
    ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
    SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE

    JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?

    ALSO there is a last hope

    A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within

    a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately

    terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A

    203(g) termination will be considered a "final determination.")
    AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.

    WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current

    Please correct me.
    You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?




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  • ivgclive
    03-11 01:05 PM
    Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)

    her pregnancy is sometime around 6 months now and they will need insurance..

    Thx for your help :)

    Frequently Asked Questions about Portability of Health Coverage and HIPAA (http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html)

    Find out the reason why that "Employment Insurance" rejected the coverage.

    My wife was enrolled into my employment-insurance only at 7th month (2006), she did not have 'pregnancy' coverage in her previous insurance. She was covered fully (from 7th month, I paid for the scanning, blood test etc, which was a total of around $1500 till then) for my second son.

    Other options are expensive, will cost at least 10K-12K if you want to pay out of your pocket.




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  • EZEkiel
    10-14 08:08 PM
    i voted for Phat7

    1. because i like the lemon

    and

    2. i like the chick ! (hey i am male what else am i supposed to look at) :beam:




    well done all
    peace
    E1kO



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  • ags123
    02-10 06:28 PM
    The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
    These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)




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  • crystal
    08-16 05:14 PM
    ITIN is not meant for work. You cannot substitute ITIN for SSN. As I posted before you can apply for SSN and start working with out waiting for SSN.



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  • GlobalCitizen
    08-22 08:36 AM
    What number Would I call? 1-800-375-5283 is just messages

    Could anybody please provide me with a number I can call and talk to a person? Thank you much.




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  • casinoroyale
    10-01 10:21 AM
    I remember reading in one of the threads here that USCIS computer system automatically generates FP notices if its more than 15 months. By the way, if they don't issue us one, why we do need to ask them using congressmen etc? Is the burden of giving FP every 15 months falls on the applicant?



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  • Mak Valley
    01-29 01:15 AM
    swarm all the way




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  • GC109
    06-22 02:54 AM
    Labor process through PERM can take anywhere from 3 weeks to more than a year (after filing). Most time consuming part is (if you are just initaing the process with your employer) the pre-filing documentation.


    If you have a masters or better, and your current job does not REQUIRE a Masters degree, then you might want to ask HR to change/tweak your job profile. If thats an option and they are willing to do it, might take some time, but in the longer run, you will be better off under EB2 than EB3.


    You will need letters from all your previous employers, verifying the job discription


    Once that is in hand, your company will have to post your job in a newspaper/internal company website/job board and also in a visible place in your company premises for a month (X + 30 days)


    After that 30 day period, you wait for any responses for an addidtional 30 days (X+60 days)


    After that, your company/HR/Lawyer would need some time to put everything together before filing (X + 70 days)

    Bear in mind this is the best case scenario. I started the process in December mid...filed for Labor in 1st week of June.
    On your second point (dates being current), Iam very doubtfull that by the time Iam ready to file for 140/485, the dates will be current.

    And ofcourse, if this ain't too daunting, THE CIR might put a wrench in your best laid plans, There is a talk about May 15th being the deadline for this process, untill Oct-08 when the new point system comes into play...good luck

    Thanks for your response. You have got your Labor approved but don't you think that u can file I140 and 485 concurrently by end of July? Where do think that ur filing is going to get delayed?



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  • rockstart
    04-17 03:32 PM
    Quick question you said they asked you to submit your legal status papers since 1999 which was when you went out of country? I have 2 questions

    1) Since when have you been in US, rather first time when did you come to US

    2) Did you never leave US after 1999. This is because the status really matters only since your last arrival on visa. Earlier records do not matter as per 245(k) memo. This question will help other forum members who have some kind of status violation


    your responses will be appreciated.




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  • hopelessGC
    04-28 11:45 AM
    The thing is it is kind of strange that they are working on Sundays to reopen cases.
    I hope things work out for good for everyone.

    In my wife's case it is just a soft LUD. She is not even using that H1-B anymore.



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  • sledge_hammer
    06-29 03:58 PM
    ^^^^




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  • actonwang
    01-18 12:42 PM
    yes. i agree above

    I think the author is referring to the first step (labor) which INS will undoubtfully reject a lot of applications if in recession or in down time.



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  • Lisap
    08-28 12:18 PM
    Thank you for your help. I will wait until the 1st set clears before stopping payment on the 2nd batch. Congratulations to you by the way. I am sure you have the same weight lifted off your chest as I do!




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  • ganguteli
    02-03 01:50 PM
    Hi

    I hold a H1b Visa but did not work after coming to US.
    Can anybody guide me regarding my current status.
    My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
    can anybody help me with this??

    thankyou

    Nice try!!

    We all know you are an anti-immigrant trying to post this question and then will try to use it as an example to show how H1bs try to break the law.

    Don't you have something better to do like, finding a job after getting laid off or learning something new to upgrade your skills.



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  • WeShallOvercome
    08-27 06:32 PM
    I actually did the stop payment back on the 14th and I have checked my account everyday and nothing...... Do you think they will reject it? I hate to lose the receipt date of July 2nd....

    If there is no way you can stop the stop payment, then you should not get all anxious.
    You were considering yourself lucky that your PD became current in July, unlucky that you filed a day too soon, but lucky that you came to know just in time, lucky that you still got your receipt, unlucky that you stopped payment, lucky that you have a second application in case your first one is rejected....

    So you started being lucky and you might end up being lucky... Don't worry about all the unlucky episodes in between and hey, why worry about losing just 6 weeks of receipt date. Think about pre June-15th days :):)




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  • roseball
    05-18 11:09 PM
    3 deportations at POE (EWR) till date this yr .
    only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky

    P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent

    thanks

    Working in a different location is not an offense........Unless, the company did not file an LCA for the location of work. Did you mean to say the deportations were related to LCA violations?




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  • saraiks
    10-31 03:41 PM
    Can Some one on EAD claim Earned Income credit?

    Yes, you can.. at least in CA we had no problem receiving it after my wife got laid off.




    gxtrader
    10-10 03:50 PM
    I got my GC on 09/18/07. Now my consulting company (how sponsored my GC) is having issues with the client and client is thinking to terminate the contract.

    Client want to bring me to there pay roll. In other words they are offering my permanent position.

    My consulting company does not have immediate opening for me.

    It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.

    Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.

    Reminds me of the story about a mighty elephant who's been tied w/ a thin chain since t'was a baby. It just stopped trying to escape coz it's been conditioned that effort is futile though it can easily snap the chain. Run my friend...you're a CHEETAH now!!! :) Kudos!




    stuckinretro
    02-26 10:21 AM
    You can contact either of the 2 senators of your state. But need to contact representative corresponding to your district.

    But understand that, just because you contact a congressman doesn't mean you miraculously would get your GC. its going to be a long process. Add 3-4 months from the day you contact if the congressional liaison pulls your case for review. If there is a problem with your case they would inform you about it after they review. Note congressman's office cannot tell a federal agency(CIS) what they need to do, they can only inquire on your behalf whats causing the delay. Nothing to do with who is how much powerful.

    Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.

    When in need for I-485 issues, who is better to contact - Congressman or Senator.

    I just want to know the pros and cons of each and maybe this analysis will help others down the line.

    Points to note are:
    1. There are more congressman in a particular state than senators. There are only 2 senators in a state.

    2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)

    3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.

    4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.

    Can members throw some light on this based on their prior experience and based on their knowledge.

    Thanks in advance.



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