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  • unitednations
    07-08 10:41 AM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.


    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.




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  • Macaca
    09-21 09:33 AM
    Lobbyist Silvertooth tries to take emotion out of immigration fight (http://thehill.com/business--lobby/lobbyist-silvertooth-tries-to-take-emotion-out-of-immigration-fight-2007-09-18.html) By Jim Snyder | The Hill, September 18, 2007

    When the Senate debated immigration, lobbyist R. Craig Silvertooth became a leading voice of comprehensive reform.

    As head of government affairs for the National Roofing Contractors Association (NRCA) and co-chairman of the Essential Worker Immigration Coalition (EWIC), an umbrella group of employers that supported comprehensive reform, Silvertooth, 39, appeared on CNN, Fox News and PBS�s �The NewsHour with Jim Lehrer� to defend a bill that would have provided a road to legal status for as many as 11 million illegal immigrants.

    After those appearances, Silvertooth found that opponents of the measure had a few choice words of their own, which they would leave on his office voice mail.

    �People would leave profane messages,� he said. �They wanted to know why we hate America. Why we can�t hire Americans. How much I am getting from the Mexican government.�

    The issue tends to bring out the �worst in people,� he said. �It�s overly emotional.�

    Silvertooth blames the intense anger for scaring members off the bill, which he contends offered a reasonable response to a labor shortage his industry and other contractors face.

    To critics, through, the bill offered amnesty to illegal immigrants. The three weeks between when Senate Majority Leader Harry Reid (D-Nev.) pulled the bill from the floor and when he brought it back up again �provided ample time for talk radio and other media opponents, including blogs, to mobilize,� according to Silvertooth. He estimates his side lost three or four votes during that time.

    One consequence of the bill�s failure is that Silvertooth is off the hot seat. With comprehensive reform dead, he doesn�t appear on TV anymore. But the issue hasn�t gone away for his industry.

    Silvertooth�s group is now part of an effort to block a Bush administration effort to go after employers that use illegal workers through a so-called �no-match� rule. His work for EWIC keeps him active in efforts to tweak immigration laws through less ambitious measures that, for example, target H-1B visas used by high-tech companies.

    Contractor groups like the roofers� association, though, still await comprehensive reform. The sector employs nearly 12 million people, with about a quarter of the workers having Hispanic roots. The Bureau of Labor Statistics estimated in 2005 that nearly 30 percent of the roofing workforce was undocumented.

    �This is life or death for the industry. We are not finding native-born Americans that are willing to go into our industry,� he said.

    Given the stakes for contractors, various trade groups and companies banded together to form EWIC.

    Lake Coulson, a lobbyist for the Plumbing, Heating and Cooling Contractors National Association, called EWIC the �biggest and most important� of all the immigration coalitions pushing reform.

    �As one of the co-chairs of EWIC, he was front and center in the debate,� Coulson said of Silvertooth. �He�s been a terrific ally.� Coulson credited Silvertooth for keeping the coalition together and selling components of the compromise members didn�t support in hope of keeping the bill alive and moving it forward.

    A native of Texas, Silvertooth was a former staff aide to Sens. Phil Gramm (R-Texas) and Kay Bailey Hutchison (R-Texas) before working on Robert Dole�s 1996 presidential campaign.

    He then worked as a fundraiser for Georgetown University before becoming a lobbyist for a trade group of air conditioner manufacturers. Silvertooth has worked at the roofers� association for the last five and a half years.

    Founded in 1886, the association is one of the oldest trade groups in town. It now represents 4,200 companies, mostly small businesses with fewer than 35 employees each.

    Those businesses are going to have a hard time complying with the no-match rule. The effort, led by the Department of Homeland Security, would create new responsibilities for employers to ensure their workers have proper documentation, and new penalties for failing to comply.

    Government estimates are that there are 17.5 million errors in the Social Security database. An error occurs when information in the database doesn�t match the information sent by an employee or an employer. But there are only an estimated 11.6 million illegal immigrants.

    The NRCA has joined the United Fresh Produce Association, the American Nursery and Landscape Association, the U.S. Chamber of Commerce and the International Franchise Association in an effort to block the implementation of the Bush plan in federal court.

    �We�re playing defense. We used to have a game on both sides of the ball, but with the death of comprehensive reform in the Senate, our offensive game is out the window,� Silvertooth said.

    �Hopefully, the 111th Congress will be more amenable to reform.�

    By then, Silvertooth may play a less central role in the debate. He is soon to take over as executive director of a spin-off trade group that will focus on green-building standards. The group does not yet have a name.

    While that debate promises to be less controversial than the one on immigration, roofers did have some concerns with efforts by Democrats to raise new energy standards for buildings. The NRCA was one of a dozen groups that wrote House members to express concern with a bill to promote energy efficiency standards. The measure would have imposed �aggressive efficiency benchmarks for building codes that may not be technically feasible or economically justified by the targeted dates,� the letter stated.

    In this instance, lawmakers heard the concerns and adopted an amendment to the bill giving the Energy Department the power to ensure new standards could be met without creating economic damage to the building industries.




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  • StuckInTheMuck
    08-07 10:31 AM
    Some actual bumper stickers:

    * Watch for finger.

    * Your kid may be an honors student, but you're still an idiot.

    * Cover me. I'm changing lanes.

    * Learn from your parents' mistakes - use birth control.

    * Forget about World Peace...Visualize using your turn signal.

    * I get enough exercise just pushing my luck.

    * I didn't fight my way to the top of the food chain to be a vegetarian.

    * Women who seek to be equal to men lack ambition.

    * I don't suffer from insanity, I enjoy every minute of it.

    * Hard work has a future payoff. Laziness pays off NOW.

    * Some people are only alive because it is illegal to kill.

    * Warning: Dates in Calendar are closer than they appear.

    * Keep honking...I'm reloading.

    * Caution: I drive like you do.




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  • jkays94
    06-01 01:13 PM
    I'm confused in the first place, How a public telivision channel like CNN allows to air this show.

    The problem is most often the information and numbers given on this show are not actual facts and often exaggerated and misleading. The info looks most likely derived from FAIR or NumbersUSA or Heritage foundation or one of their associates.

    The reasons can be summed up simply as ratings and the revenue defined from high ratings. CNN is taking a beating from Fox and has decided to adopt an ultra conservative agenda. At the end of the day if being pro-immigrant would improve ratings for CNN such that it would beat Fox News ratings, I am willing to bet that CNN would make a turn around and sing praises in honor of immigrants. See my next post for how low CNN is willing to go in associating with anti-immigrant groups to the extent of propagating myths.



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  • NeverEndingH1
    12-17 03:18 PM
    Your anger is justified, but what is your contribution to fix this? created a new IV handle TODAY to talk against a faith? So your other handle where you talk only about immigration will be clean? LOL!

    Your are really a brave Indian!

    This thread must continue.

    It will be a slap to all the pseudo seculars on this forum. What will you do with your stupid greencards if your family back home is in turmoil. You guys just want to close your eyes from the problems facing you and think that by posting immigration realted posts and being politically correct in life you will become nice people. People do not wake up until the tragedy hits them close.

    And there is nothing wrong to talk about religion and terror. It is because of not speaking, the rogue forces are now hurting everyone. And f you do not criticize the politicians who divide the country for votes, then if something wrong happens it is your fault because you chose to keep quiet.

    I have seen past threads on this topic. First people tried hard to argue. But when they lost arguments and could not accept the truths, they started using abusive language. That showed their true character. These same people are going to try this tactics on this thread too. But this thread should continue.

    Everyone has freedom of speech and IV should allow all opinions equally. I will be upset if this thread is closed.




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  • Macaca
    07-08 06:54 PM
    In approving another h-4 visa; they askd h-1b person why they didn't get paid for three month when they entered USA. Company president along with h-1b beneficiary said that he had to climitize himself and then it took a while to get the social security number. Once he got it then he got paid. Visa officer laughed at the explanation and gave the h-4 visa. Six months later; company gets a DOL audit request for possible h-1b violations. DOL officer said that consulate sent them notification that there was h-1b violations.

    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.



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  • trueguy
    07-14 10:57 AM
    Guys/Gals,

    Please stay focused and get the petition ready. I can easily get 50 friends of mine (who are not on IV) send those letters.

    Thanks




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  • Macaca
    07-08 06:54 PM
    In approving another h-4 visa; they askd h-1b person why they didn't get paid for three month when they entered USA. Company president along with h-1b beneficiary said that he had to climitize himself and then it took a while to get the social security number. Once he got it then he got paid. Visa officer laughed at the explanation and gave the h-4 visa. Six months later; company gets a DOL audit request for possible h-1b violations. DOL officer said that consulate sent them notification that there was h-1b violations.

    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.



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  • texcan
    08-26 07:58 PM
    A few nice kavitas by Dr. Kumar Viswas.

    Enjoy.

    http://www.youtube.com/watch?v=ufrHWVnPy8g (http://www.youtube.com/watch?v=ufrHWVnPy8g http://www.youtube.com/watch?v=f5RffA9QTWY)



    http://www.youtube.com/watch?v=f5RffA9QTWY (http://www.youtube.com/watch?v=ufrHWVnPy8g http://www.youtube.com/watch?v=f5RffA9QTWY)




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  • H1B-GC
    02-23 10:35 AM
    As the Article says,Lou Dobb defends Legal Immigration in an Interview with Newsweek which is total Crap . He Attacked H1B Program on his Daily Show and the Guest was no Doubt Kim Berry to give his Input. These things make everyone laugh at Lou Dobbs , the Lofer.



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  • pappu
    08-11 08:46 AM
    http://www.flcdatacenter.com/CaseH1B.aspx

    maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
    great find yabadaba. Thanks. I have sent this link to someone who can do some data analysis in our favor. However we are looking for EB GC data.

    do you/anyone know of any data sources for EB greencard applications on USCIS site/someone has already done stat research based on uscis data? We would be able to get independent analysis of that data by experts to our advantage. This analysis can be used by media when they interview us and also can be given to lawmakers to win their favor. you can PM me or post any such information on this forum and I can send it to experts I know.




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  • redgreen
    08-05 10:03 AM
    Many are supporting 'porting'. Then why are they opposing 'substitution'??
    The original poster never said that an EB3 should not apply for EB2. But after a few years when they can apply in EB2 they should not be considered they were already in EB2 all those years! There is no logic in it. I understand the frustration of everybody who is waiting for GC for several years. But laws should be based on some logic. Consider people who didn't apply for GC for years even though they were eligible! Are you people saying that they should get priority over people who applied??



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  • alterego
    11-15 07:17 AM
    That has been Lou's view all along. Yet I doubt its sincerity, it follows along the Numbersusa ploy that if you make things hard enough first, all but the ones with the strongest roots will leave. Hence they will say enforcement first but then once that is done you will hear all the restrictionist agenda. In fact there has been some stepped up security at the border recently.
    The policy of all these anti immigration groups is quite clear, divide and rule. They have only tepid and restrictionist at best arguments against Skilled Immigration , and for those of you in the IT field I want to remind you that skilled immigration does not mean just IT. Restrictionist groups are aware that most of america will not stand for their agenda and corporate america will steamrolll their lobbying might. Hence the play all these tricks. YOu should have seen the pathetec defence of the loss of some hardliners in the recent election that Bay Buchanan(Pats wife) gave on Lou Dobbs last night. Their end objective is the same, keep immigration as low as possible.
    Last Night Lou was visibly concerned that there would be something cooking in the Lame duck session.
    The AILA/Compete america is for sure trying to get atleast a H1b expansion and is pushing hard. I am happy to see that they are also pushing for some sort of EB provisions for their permanent employees also.




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  • rongch60
    07-14 02:40 AM
    To be honest, do you think that a petition from 1 category from 1 country will change the way USCIS interpret the spillover rule? No way! Currently, the highest priority is to make sure that USCIS use up all visa numbers. Any waste will hurt both EB2 and EB3. EB3 petition will create confusion on the bills, waste times from USCIS, and potentially took advantage by anti-immigrant groups to stop spillover. Is there any law that clear stated the cross-country spillover? Please stop the fight and not take the risk of losing all cross-country spillover!



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  • Michael chertoff
    12-19 11:15 AM
    Moderator/Admin/Pappoo,

    Please delete this thread. It is not helping in anyways to our immigration goals.

    Calm down friends.

    MC




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  • alisa
    12-30 12:31 AM
    So what should India do?

    Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan.

    The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.

    Its quite a vicious circle.....



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  • senthil1
    04-09 06:02 AM
    This bill's author says that H1b program should not be used to displace US workers. If that is main intent that is reasonable. If there is too much immigration then you will be also US worker in a few months or a few years then your job also may be replaced by future cheaper H1b youngters. Indian bodyshopers ready to bring even more than 500k H1B if unlimited H1b is allowed. So some meaningful reform is needed. My view is now there is some increase of H1b is needed but not 200k. But if they increase 120k then again lottery and that will not serve the purpose of H1b. Also if they restrict H1b then employers will have no choice to train fresh US workers instead of hiring 5 years experienced H1b. That is the expectation of Labor Unions and other US workers.


    Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.

    If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.

    What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.

    Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.

    This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.

    Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.

    Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.

    So in a nutshell, they(IEEE-USA) are against H1B employees if they :

    1. Come here and stay here on GC.
    2. Come here and go back.
    3. Never come here but work for US companies and enable outsourcing.

    So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.

    Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.

    Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.




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  • titanicman
    12-18 11:05 PM
    thank you marphad for starting this topic, a creative discussion should go on.
    we have lot of threads for immigration, this topic shows various opinions from differnt people. once agian congarts marphad for this thread.




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  • amitjoey
    08-05 02:11 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:



    GOOD POINT: IN my case Sunnysurya has EB3 even after waiting and doing the right things: ie: having a masters and all that. and MR. XYZ filed in EB2 with shady arrangements and got thru. so what does Sunnysurya do>?




    sledge_hammer
    03-24 12:26 PM
    I have full sympathy for anyone that has not broken any laws including OP and 'leoindiano". If I had the powers to approve green cards, I would give them away to him and his brother!

    The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.

    Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?

    You get my point?

    face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.

    Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.

    You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?

    And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me




    dealsnet
    03-25 08:11 AM
    I have brought a house 4 years back after 2 years in this country. It is $500K house. Forgot about your status, if you have a stable job. If husband and wife working, defenitly go for it. Shop around and find a good home. It is an investment. You can claim much for tax return. My I-485 pending. PD 2004 Jan. Eb2 -India.



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