snathan
08-12 12:20 PM
I agree to gc28262. Back in 90s when outsourcing started, major Indian IT companies used to have a 50-50 onsite/offshoe component (for large clients/projects). This has now come down to 10-90 onsite/offshore because clients are getting the same level of service.
For example, it was once believed that DBAs must be located at client site. Now, we often see DBA support provided from India.
This causes too much load on the onsite person but who cares as long as there is a steady supply. The bill will simply change the model to 5-95 . Out of these 5 positions cut-down , 4 might be H1 but at least 1 is a citizen/LPR whose job will be eliminated. Along with that will go the number of services these 4 H1s were using in US and the amount they were contributing to US economy.
USCs who think this bill will create more jobs for Americans are living in a fools world.
I second this...they are thinking even the global warming is because of immigrants - H1B
For example, it was once believed that DBAs must be located at client site. Now, we often see DBA support provided from India.
This causes too much load on the onsite person but who cares as long as there is a steady supply. The bill will simply change the model to 5-95 . Out of these 5 positions cut-down , 4 might be H1 but at least 1 is a citizen/LPR whose job will be eliminated. Along with that will go the number of services these 4 H1s were using in US and the amount they were contributing to US economy.
USCs who think this bill will create more jobs for Americans are living in a fools world.
I second this...they are thinking even the global warming is because of immigrants - H1B
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jayleno
07-14 03:11 PM
Just dropped a check for $5. I hope all of the remaining members do the same.

ksvreg
03-09 11:31 AM
Can anyone explain the whats the FOIA fund drive? Or provide a link. Thanks.
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chmur
01-06 12:57 PM
what matters more , IMHO, is some of the basic skills like motivation, hunger for goal, work ethic, stress management etc which typically is categorized as life skills. Which are not teachable.
Immigrants have these in plenty, that probably explains why a graduate from village school in India, can kick ass in a duke and later succeed at work too.
Education helps, quality education starts one off with advantage. But that's about it...life is marathon not a 4-6 year sprint @ universities.
These studies by wadhwa and co should start looking at these and not just patents , quality of education etc .
,
Immigrants have these in plenty, that probably explains why a graduate from village school in India, can kick ass in a duke and later succeed at work too.
Education helps, quality education starts one off with advantage. But that's about it...life is marathon not a 4-6 year sprint @ universities.
These studies by wadhwa and co should start looking at these and not just patents , quality of education etc .
,
more...

aau
07-12 11:22 AM
In VA can we extend Driving License with receipt notice of h1 extension .
Hey,
I went to the VA DMV in Sterling yesterday and the person there refused to renew my DL based on my original H1B extension extension RECEIPT Notice, saying there is no 'Date' on this document. :mad: These ppl are too dumb. It says clearly on DMV's website - they will give you a 1 yr extension IF there is no date on that document. Need to take a lawyer and paralegal along next time... :confused:
BTW, how did you manage to do this??
Hey,
I went to the VA DMV in Sterling yesterday and the person there refused to renew my DL based on my original H1B extension extension RECEIPT Notice, saying there is no 'Date' on this document. :mad: These ppl are too dumb. It says clearly on DMV's website - they will give you a 1 yr extension IF there is no date on that document. Need to take a lawyer and paralegal along next time... :confused:
BTW, how did you manage to do this??

ind_game
05-14 08:41 PM
Here is the scoop.
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2007 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska’s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2007, why is that the adjudicating officer is responding with a denial on 09/04/2007 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2007 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska’s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2007, why is that the adjudicating officer is responding with a denial on 09/04/2007 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
more...

piliriver
03-21 03:23 PM
@AllVNeedGCPC : Did you get any updates on I-485
@gene77 : When was your I-140 approved and what is your priority date.
Thanks!
@gene77 : When was your I-140 approved and what is your priority date.
Thanks!
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GCwaitforever
03-31 11:08 PM
Yesterday I sent an e-mail to Secretary Chao indicating poor performance of Philadelphia Backlog Processing Center.
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zinchak
09-11 09:06 PM
I have also posted about this drive on boards.immigration.com
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wellwishergc
07-06 10:22 AM
I agree with this posting by nixstor 100%; Instead of utilizing this issue for contacting congressmen/senators and urging them to work towards more benefits for legal immigration like recapturing 180,000 unused visas in the past years, we are unnecessarily focussing our attention towards security lapses in approvals and inefficiences of USCIS.
What the hell on earth is this? Do you know for sure they have ignored it? Do not add masala to the existing crap. Do you understand the consequences of these kind of spiced up stuff? We all would be sulking in the security check for ever, if DHS gets pissed off or gets a congressional hearing and the authorities get lambasted over this. You are seeing how doctors are being implicated in UK and all over. Security is the most important thing right now on this planet and western world is agog over security. I dont know from where Greg Siskind and Jay Solomon got the tip off. They tipped each of their hats off and put the story in our brains to run the show. Security is not a Joke. Do not make it a bigger issue unless you dont know whether it really has happened. The consequences can be pretty dangerous to the extent of revoking all the issued GC's in the past 20 days, if congress gets high on this. I dont know what lawyers want, but my understanding is none of us want to have negative consequences of this issue.
No matter who screwed up, we should be conveying the following message after we say that USCIS/DOS goofed up.
"The root cause of the situation is the inability of
a) DOS/USCIS to recapture the visa numbers from previous years
b) to carry forward the unused numbers for atleast one year
If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"
Its our choice to make USCIS/DOS our enemies or we get compassionate to the situation considering how arcane the current laws are. We agree or not, we have to work with them going forward. Just that they are down and we are on a bashing spree right now doesnt mean that it will be situation for ever.
What the hell on earth is this? Do you know for sure they have ignored it? Do not add masala to the existing crap. Do you understand the consequences of these kind of spiced up stuff? We all would be sulking in the security check for ever, if DHS gets pissed off or gets a congressional hearing and the authorities get lambasted over this. You are seeing how doctors are being implicated in UK and all over. Security is the most important thing right now on this planet and western world is agog over security. I dont know from where Greg Siskind and Jay Solomon got the tip off. They tipped each of their hats off and put the story in our brains to run the show. Security is not a Joke. Do not make it a bigger issue unless you dont know whether it really has happened. The consequences can be pretty dangerous to the extent of revoking all the issued GC's in the past 20 days, if congress gets high on this. I dont know what lawyers want, but my understanding is none of us want to have negative consequences of this issue.
No matter who screwed up, we should be conveying the following message after we say that USCIS/DOS goofed up.
"The root cause of the situation is the inability of
a) DOS/USCIS to recapture the visa numbers from previous years
b) to carry forward the unused numbers for atleast one year
If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"
Its our choice to make USCIS/DOS our enemies or we get compassionate to the situation considering how arcane the current laws are. We agree or not, we have to work with them going forward. Just that they are down and we are on a bashing spree right now doesnt mean that it will be situation for ever.
more...

ashutrip
06-20 01:09 PM
Mine was filed in Feb 07. My lawyer has opened an inquiry and its pending too
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PD_Dec2002
03-18 07:17 AM
Having said that, since we are non-resident aliens (i.e the ones without green card or US citizenship) will not get a stimulus package?
An overwhelming chunk of all of us are considered resident aliens from IRS's perpective so you are eligible. In fact, I would think every single one of us on this forum is a resident alien since we all fit IRS's definition of a "resident alien" as per their "substantial preference test". The following is copy-paste from IRS:
Topic 851 - Resident and Non–Resident Aliens
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test". For the purposes of this test, the term United Stated includes the following areas:
All 50 states and the District of Columbia.
The territorial waters of the United States.
The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources. The term does not include U.S. possessions and territories or U.S. airspace.
To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
For more information, see the IRS guidance: http://www.irs.gov/taxtopics/tc851.html
Regards,
Jayant
P.S.: Since taxes are inevitable, here's hoping we soon pass the first "green card test" as well. :)
An overwhelming chunk of all of us are considered resident aliens from IRS's perpective so you are eligible. In fact, I would think every single one of us on this forum is a resident alien since we all fit IRS's definition of a "resident alien" as per their "substantial preference test". The following is copy-paste from IRS:
Topic 851 - Resident and Non–Resident Aliens
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test". For the purposes of this test, the term United Stated includes the following areas:
All 50 states and the District of Columbia.
The territorial waters of the United States.
The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources. The term does not include U.S. possessions and territories or U.S. airspace.
To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
For more information, see the IRS guidance: http://www.irs.gov/taxtopics/tc851.html
Regards,
Jayant
P.S.: Since taxes are inevitable, here's hoping we soon pass the first "green card test" as well. :)
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aviko21
09-15 11:50 AM
I just mailed more than 30 people at the chicago tribune and the suntimes. Hope it amounts to something..
Lets march on
-------------------------
contributed $200
Lets march on
-------------------------
contributed $200
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my2cents
11-18 08:22 AM
My wife is on H4, i'm on H1B. She applied for DL renewal and was renewed for 1 yr.
They accepted visa, passport, i-94, and H4 renewal receipt notice.
They gave her one year from receipt notice.
What a relief. i was worried they would not accept it.
That was in Sterling VA DMV.:)
My wife was on H4 but now on H1/Opt. We went to DMV (Sterling, VA) . They checked the passport but did not check anything else. They renewed DL for 5 years instead of 3 years. Not sure what happened but she looked at the passport. I did not offer any other document because she did not ask.
They accepted visa, passport, i-94, and H4 renewal receipt notice.
They gave her one year from receipt notice.
What a relief. i was worried they would not accept it.
That was in Sterling VA DMV.:)
My wife was on H4 but now on H1/Opt. We went to DMV (Sterling, VA) . They checked the passport but did not check anything else. They renewed DL for 5 years instead of 3 years. Not sure what happened but she looked at the passport. I did not offer any other document because she did not ask.
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insbaby
07-06 01:40 AM
Most leaders are actually volunteers in IV. They have a regular full time job.
What you are saying: "who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening" :
For this you need to hire full time lobbyist which costs a lot
of money. IV budget is nowhere close to that the Hispanic lobby group:
National council of La Raza whose budget is
$40 million or $1.3 billion including its “affiliates” network.
IV is a tiny organization in front of La Raza. Thats....a BILLION with full time lobbyist.
I strongly suggest you listen to the audio interview to understand how big the hispanic
lobby is.
Raul Yzaguirre on Past and Future of La Raza : NPR (http://www.npr.org/templates/story/story.php?storyId=4229605)
With such power also they cant pass CIR. But at least they ensure that no
EB or illegal immigration reform will pass unless there is something for illegals.
I agree. Thats what I tried to say.
What you are saying: "who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening" :
For this you need to hire full time lobbyist which costs a lot
of money. IV budget is nowhere close to that the Hispanic lobby group:
National council of La Raza whose budget is
$40 million or $1.3 billion including its “affiliates” network.
IV is a tiny organization in front of La Raza. Thats....a BILLION with full time lobbyist.
I strongly suggest you listen to the audio interview to understand how big the hispanic
lobby is.
Raul Yzaguirre on Past and Future of La Raza : NPR (http://www.npr.org/templates/story/story.php?storyId=4229605)
With such power also they cant pass CIR. But at least they ensure that no
EB or illegal immigration reform will pass unless there is something for illegals.
I agree. Thats what I tried to say.
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nk2006
10-21 05:24 PM
Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
more...
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diptam
10-08 12:10 AM
The reply that Ombudsman office wrote on Sep 11th came to my hand just today Oct 7th - looks like they have backlog in mailing letters as well.
Anyway - the summary of the letter is similar to he email discussion few days back ( as below ) ... USCIS should get back to me in 45 days i.e end of Oct 08
Today morning Ombudsman replied to my 2nd email ( as below) and confirmed my address - they said that a reply has been sent to me on Sep 11th for my 7001.
Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.
Anyway - the summary of the letter is similar to he email discussion few days back ( as below ) ... USCIS should get back to me in 45 days i.e end of Oct 08
Today morning Ombudsman replied to my 2nd email ( as below) and confirmed my address - they said that a reply has been sent to me on Sep 11th for my 7001.
Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.
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for_gc
08-14 07:02 PM
Guys good news from my side. Just got most awaited Card production Ordered emails for my wife and my son. ...
Congratulations Conchshell !!
You really seem to be a very level headed guy. Hats off to you !
Congratulations Conchshell !!
You really seem to be a very level headed guy. Hats off to you !
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phugar
05-09 05:44 PM
can you please let me know what all immigration documents they asked for. My loan with WellsFargo is approved and is currently being underwritten
manderson
01-07 03:00 PM
My wife is still waiting for the AP. The receipt notice gives August 6 as the receipt date. She called USCIS last Tuesday and was told that USCIS is running really slow and is taking 180 days to process APs. The lady she spoke to asked my wife to call back after "it is 180 days past her notice date". Her 180 days will complete on February 6. We have postponed out travel plans several times.
is this NSC or TSC?
is this NSC or TSC?
sunny1000
06-02 09:30 PM
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
One's I-485 can be filed only for visas with dual intent status. For instance, an F visa or a B2 visa person (currently not dual intent visas) cannot apply for I-485. This was the basis on which I made that statement. Everyone is free to interpret differently. Again, I am not an attorney and I might be wrong.
One's I-485 can be filed only for visas with dual intent status. For instance, an F visa or a B2 visa person (currently not dual intent visas) cannot apply for I-485. This was the basis on which I made that statement. Everyone is free to interpret differently. Again, I am not an attorney and I might be wrong.
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