Sabtu, 18 Juni 2011

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  • chanduv23
    02-23 02:11 PM
    Chandu, my question is not whether HR dept can handle it properly or not.

    My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.

    Coz until he finds a job and files for AC21 an applicant does not do any thing.

    And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
    "f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."

    Chandu, thanks for at least answering my question.

    Good luck for you!

    EAD IS NOT A STATUS. EAD is given because you filed 485 and you are pending AOS, so you are permitted to stay till a decision has been made





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  • BharatPremi
    10-18 11:16 PM
    Incorrect.

    You have to register the birth with the consulate (to get an Indian birth certificate) within a year using this form (see part II) (http://www.cgisf.org/visa/misc.pdf), following which you should be able to get an Indian passport. The USA will not issue a visa on this passport since it considers the child to be a US citizen. However, US policy in this regard does not matter if the child never travels to the US.

    Yes you are right and I was incorrect for base information but for this original poster it will not still work as he has already taken a US passport for his child and thus his child is now US citizen and so Indian citizenship will not be granted. Please see the content of declaration on the link what you posted.





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  • dummgelauft
    09-07 05:50 PM
    Hi,


    Are there upadates on the info file that we have filed to know the approved lobors in each category by year(month) wise. Can you please update us.

    Hey, You are back. People are looking for your predictions.





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  • sri1309
    03-19 01:44 PM
    You really cannot ask for more EB3 numbers or 'treat EB-3 fairly'...Laws are made by the congress and they provided certain numbers to each country & category. USCIS has to follow these norms and apply those numbers and USCIS has followed the rule and have applied the allocatd numbers to EB-3. Problem is not that they are treating us differently or we are getting an unfair treatment. The problem we are facing is because we are just too many in number and the problem is Congress didn't make any laws to provide relief to people if one country or a category becomes hugely backlogged...unfortunately, the Last time they did any law for EB immigrats, it was in 1999 or 2000 when they brought AC21. Since then there has been huge surge in immigration but everytime anything immigration related legislation was brought in congress, it has been shot down..In my opinion we can get relief only if congress acts upon it, USCIS is working the way there were tld by the congress

    Simple math can easily prove most EB3s will NOT get the GCs even in 20 years. And I'm sure the concerned may want to modify it so as to make it more efficient.
    Isnt it a shame that a greencard holder cannot get his wife immediately wheras H1s and others can. They have to be told very loudly. If we get used to this, then yes, there is no problem. I'm very sure immigration debate will come up in 2-3 months or later. Then 500,000 legals are nothing compared to 12 million. So lets make a strong case and educate people.. Thats my only point which some differ with me and dont want to act..
    If it will be shot down, so be it, but lets make the case stronger by doing all that we can.



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  • chris
    11-08 12:28 PM
    msgs like this help establish the notion that this is an indian website dedicated to indian immigration issues. I didnt see any post wishing happy Eid/ Eid Mubarak nor did I notice last year that anyone wished a Merry Christmas/ Happy Holidays, nor do we wish our Chinese friends a Happy Chinese New Year.


    WISHING YOU AND YOUR FAMILY
    A VERY HAPPY DIWALI AND
    A PROSPEROUS NEW YEAR!!!:)

    Diwali is not only for indians, for everyone.

    Victory on evil.

    Evils are every where not only in India.





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  • thankgod
    06-03 01:27 PM
    May I add, these posts are very much relevant here as these kids are immigrants and their kids. They might become an entrepreneur or scientist in the future and it shows the value of the skilled immigrants.

    We need to come out of our EB2/EB3 narrow mind and how it's going to help me today.

    How come you applied 140 with out a priority date. :)

    I am not seeing your priority date in your profile.



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  • hebbar77
    11-03 03:17 PM
    Hello
    If you are talking abt any amount useful to use in USA, you need RBI clearance to wire it here.
    Wiring is the cheapest I believe.
    You will also need a clearance from IT dept in india.

    RBI may ask for a reason for taking money out, which you should be able to justify.

    Good luck





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  • ultimo
    09-20 09:37 AM
    He means July 2008, i.e. the last quarter of the year when USCIS feels the need to use up the 140,000 visas.

    If that happens again it will be sick. But it is an easy way for USCIS to avoid processing applications in priority date order. Just have DoS (dept of state) make the bulletin move forward or make current for a brief time, then they can approve applications in any order convenient for them. Then move it back again so no one can send them new applications.

    Think I'm kidding, that's what the 2007 July mess was caused by!

    now there is no order they can approve any application where i-140 is approved, background check is done they will get GC .

    Thats a good thing



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  • conchshell
    04-23 04:50 PM
    ^^^^

    With a few bills introduced or in the works, isn't it the time now to act and bring about awareness to our problems? I know IV has been working through state chapters. We can supplement those efforts with other means such as those suggested in this thread. We need to create an uproar about the hopeless situation and endless wait times due to retrogression, backlogs, and bureaucracy. I am not suggesting anything drastic. Just some peaceful ways that won't offend anybody to draw attention to the forgotten issues of EB immigrants.

    I completely agree with you. However our problem is 'how do we organize a massive protest". IV is a loose affiliation of people affected by the immigration problems. They all realize the importance of fighting, however majority of them are unwilling to contribute personal time/money/energy for this cause. Flower campaign was first time in recent history, when legal immigrants showed some unity to express their anger and frustation.

    It was predicted that once 485 is filed, people have EAD, and spouse working ... affected people will loose the apetite to carry on the fight. And that's what precisely took place. The biggest chellange is to let the affected people realize that if they do not come out and fight, no one will take care of their interest. It seems everyone is waiting for others to go out and fight, so that they can reap the benefits without any struggle. Now tell me my friend "how do we organize a massive protest??"





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  • u.misc
    08-11 01:09 AM
    I don't believe that this is for real but i am really impressed with the hacker.
    He did one heck of the job and made people run on their heels and

    thanks to people on this forum he succeed 100%.



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  • gcnotfiledyet
    02-24 06:47 PM
    i was thinking...

    500000 legal immigrants, even if u assume 4 per family , ONLY 125000 houses can be sold...(even if 50% qualify for a loan.. thats just 62500 houses sold.. last i read..there were millions of homes for sale)
    if the average cost of the house is 250000, thats additional 31.25 Billion $ in credit borrowing... where is the money?

    Average cost of house nowadays is 200k.





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  • vinodmp
    02-11 12:26 PM
    " i think you should post it on the attorney forum and talk to a attorney "

    Yes. My attorney has this paper now. Hopefully I should here from in a day or so .

    Thanks
    -vinod



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  • best_mode
    07-20 05:17 PM
    My interpretation: the vote was not on Cornyn's amendment; in response to a Point of Order raised, there was a motion to waive the Budget Act for Cornyn's amendment (the Budget Act requires 60 "Yes" votes to bring to the floor amendments to appropriation bills); if 60 senators had voted "Yes" (and agreed to waive the Budget Act requirement for Cornyn's amendment), then a vote on the actual amendment would only have required a simple majority. But because only 55 voted "Yes", the amendment failed to obtain the waiver; it was out of order because it did not qualify as an amendment to this bill.

    Because 40 Dems voted no on the waiver does not mean they are opposed to the amendment; they just did not want to vote on this amendment on this bill.





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  • pappu
    03-01 08:07 AM
    Skilled, Legal Immigrants Tangled in Illegal Immigration Mess

    .
    we need your name with the article



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  • rajsand
    09-26 01:07 PM
    Now, lets think whats that thing proving our legality..
    I797 (H1 Petition)
    Lets make a template of it (it should be the same color and pattern but with different font) and remove all the vital information. (name, ssn etc.. ) and make a generic one. Lets download .. sign it by many and send it to them and Print it there on BOLD "Change our status and give us our residency soon"...
    this way we prove that we are LEGALS and we will create publicity





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  • waitingnwaiting
    05-31 08:26 AM
    ‘(C) qualified to be a candidate country due to special circumstances, including natural disasters or public health emergencies.

    ‘(2) ELIGIBLE ALIEN- The term ‘eligible alien’ means an alien who--

    ‘(A) has been lawfully admitted to the United States for permanent residence; and

    ‘(B) is a physician or other healthcare worker.

    ‘(c) Consultation- The Secretary of Homeland Security shall consult with the Secretary of State in carrying out this section.

    ‘(d) Publication- The Secretary of State shall publish--

    ‘(1) not later than 180 days after the date of the enactment of this section, a list of candidate countries;

    ‘(2) an updated version of the list required by paragraph (1) not less often than once each year; and

    ‘(3) an amendment to the list required by paragraph (1) at the time any country qualifies as a candidate country due to special circumstances under subsection (b)(1)(C).’.

    (2) RULEMAKING-

    (A) REQUIREMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out the amendments made by this subsection.

    (B) CONTENT- The regulations promulgated pursuant to paragraph (1) shall--

    (i) permit an eligible alien (as defined in section 317A of the Immigration and Nationality Act, as added by paragraph (1)) and the spouse or child of the eligible alien to reside in a foreign country to work as a physician or other healthcare worker as described in subsection (a) of such section 317A for not less than a 12-month period and not more than a 24-month period, and shall permit the Secretary to extend such period for an additional period not to exceed 12 months, if the Secretary determines that such country has a continuing need for such a physician or other healthcare worker;

    (ii) provide for the issuance of documents by the Secretary to such eligible alien, and such spouse or child, if appropriate, to demonstrate that such eligible alien, and such spouse or child, if appropriate, is authorized to reside in such country under such section 317A; and

    (iii) provide for an expedited process through which the Secretary shall review applications for such an eligible alien to reside in a foreign country pursuant to subsection (a) of such section 317A if the Secretary of State determines a country is a candidate country pursuant to subsection (b)(1)(C) of such section 317A.

    (3) TECHNICAL AND CONFORMING AMENDMENTS-

    (A) DEFINITION- Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) is amended by adding at the end the following: ‘except in the case of an eligible alien, or the spouse or child of such alien, who is authorized to be absent from the United States under section 317A,’.

    (B) DOCUMENTARY REQUIREMENTS- Section 211(b) of such Act (8 U.S.C. 1181(b)) is amended by inserting ‘, including an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘101(a)(27)(A),’.

    (C) INELIGIBLE ALIENS- Section 212(a)(7)(A)(i)(I) of such Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting ‘other than an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘Act,’.

    (D) CLERICAL AMENDMENT- The table of contents of such Act is amended by inserting after the item relating to section 317 the following:

    ‘Sec. 317A. Temporary absence of aliens providing health care in developing countries.’.

    (4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to U.S. Citizenship and Immigration Services such sums as may be necessary to carry out this subsection and the amendments made by this subsection.

    (d) Attestation by Health Care Workers-

    (1) ATTESTATION REQUIREMENT- Section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is amended by adding at the end the following:

    ‘(E) HEALTH CARE WORKERS WITH OTHER OBLIGATIONS-

    ‘(i) IN GENERAL- An alien who seeks to enter the United States for the purpose of performing labor as a physician or other health care worker is inadmissible unless the alien submits to the Secretary of Homeland Security or the Secretary of State, as appropriate, an attestation that the alien is not seeking to enter the United States for such purpose during any period in which the alien has an outstanding obligation to the government of the alien’s country of origin or the alien’s country of residence.

    ‘(ii) OBLIGATION DEFINED- In this subparagraph, the term ‘obligation’ means an obligation incurred as part of a valid, voluntary individual agreement in which the alien received financial assistance to defray the costs of education or training to qualify as a physician or other health care worker in consideration for a commitment to work as a physician or other health care worker in the alien’s country of origin or the alien’s country of residence.

    ‘(iii) WAIVER- The Secretary of Homeland Security may waive a finding of inadmissibility under clause (i) if the Secretary determines that--

    ‘(I) the obligation was incurred by coercion or other improper means;

    ‘(II) the alien and the government of the country to which the alien has an outstanding obligation have reached a valid, voluntary agreement, pursuant to which the alien’s obligation has been deemed satisfied, or the alien has shown to the satisfaction of the Secretary that the alien has been unable to reach such an agreement because of coercion or other improper means; or

    ‘(III) the obligation should not be enforced due to other extraordinary circumstances, including undue hardship that would be suffered by the alien in the absence of a waiver.’.

    (2) EFFECTIVE DATE; APPLICATION-

    (A) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this Act.

    (B) APPLICATION BY THE SECRETARY- Not later than the effective date described in subparagraph (A), the Secretary of Homeland Security shall begin to carry out subparagraph (E) of section 212(a)(5) of the Immigration and Nationality Act, as added by paragraph (1), including the requirement for the attestation and the granting of a waiver described in clause (iii) of such subparagraph (E), regardless of whether regulations to implement such subparagraph have been promulgated.

    SEC. 3. NURSE TRAINING AND RETENTION DEMONSTRATION GRANT ACT OF 2008.

    (a) Findings- Congress makes the following findings:

    (1) America’s healthcare system depends on an adequate supply of trained nurses to deliver quality patient care.

    (2) Over the next 15 years, this shortage is expected to grow significantly. The Health Resources and Services Administration has projected that by 2020, there will be a shortage of nurses in every State and that overall only 64 percent of the demand for nurses will be satisfied, with a shortage of 1,016,900 nurses nationally.

    (3) To avert such a shortage, today’s network of healthcare workers should have access to education and support from their employers to participate in educational and training opportunities.

    (4) With the appropriate education and support, incumbent healthcare workers and incumbent bedside nurses are untapped sources which can meet these needs and address the nursing shortage and provide quality care as the American population ages.

    (b) Purposes of Grant Program- It is the purpose of this section to authorize grants to--

    (1) address the projected shortage of nurses by funding comprehensive programs to create a career ladder to nursing (including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses) for incumbent ancillary healthcare workers;

    (2) increase the capacity for educating nurses by increasing both nurse faculty and clinical opportunities through collaborative programs between staff nurse organizations, healthcare providers, and accredited schools of nursing; and

    (3) provide training programs through education and training organizations jointly administered by healthcare providers and healthcare labor organizations or other organizations representing staff nurses and frontline healthcare workers, working in collaboration with accredited schools of nursing and academic institutions.



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  • gc_on_demand
    06-12 12:23 PM
    Outlook is very very grim without a bill from what I understand. EB3 India is going to be in a hole and EB3 PDs that are 2006 and later have a really long wait time ahead that they are not imagining. We are all hopeful by nature and look forward to visa bulletins with a positive attitude but such PD folks may be disappointed month after month for several years. For EB2 India it is important to know number of ported cases. EB3ROW folks also need to worry now. Their journey may not be that smooth due to spillover rules and high demand. We need to get data via FOIA to make a better guesstimate. Without such data we will hear various theories, predictions and interpretations from various websites and blogs that may not be always true.

    As I remember our FOIA can take as long as 2 years to get processes. Now that they have preadjusted almost all cases ( Means they have all required information on hand for all pending EB based AOS , can IV push USCIS to work on our FOIA ? ) FOIA result can help us lot to convince lawmakers when CIR time will in sep - oct.





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  • zeusjerry
    03-27 11:05 AM
    How about getting somebody who already got his green card, and after getting the card created jobs or did some inventions.

    In such a case, we can definitely contact some of the desi CEO's etc. I am sure that they will be sympathetic to our case ??





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  • aadimanav
    07-22 08:59 AM
    * bump *





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    09-22 03:27 PM
    Called first 10 in NeedHelp's list. Will call the rest shortly.
    People...please call...its NOW or NEVER!!





    fcres
    06-19 10:29 AM
    Your lawyer seems to be incorrect on this. You may want to consider getting second opinion.

    AC-21 can be invoked on H1 as well as on EAD. Your choice.

    Many times, joining second employer is relatively easy on EAD as it involves no H1 filing (less paperwork), but using EAD requires one to travel ONLY on AP.

    Using H1 is more peace of mind. If for some reason I-485 is denied, one can in US (and work too) until H1 status expiry date and handle appeal more effectively.

    Hope it helps.

    ----------------------------------
    Permanent Resident since May 2002

    Thank you for this information.

    I still have about 2.2yrs left on my 9th yr 3yr H1 extension. So if i don't need EAD when i use AC21 do i just file AC21 or do i need to transfer H1 too? And i guess this means even after i invoke AC21 i will still be on H1 status which is what i prefer.
    Also is there any CIS links stating we don't need EAD to invoke AC21 so i can talk to my lawyer?



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