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  • Jaime
    09-20 11:08 AM
    Hello guys!

    I wanted to volunteer a thought that had been in my head, so I am basically thinking out loud here for a bit, just throwing this out there for your guidance, tell me if you think this is too aggressive, or even premature?

    I think we need another rally before the end of the year. There are 2 reasons:

    1- Presidential campaigns: After this Fall, presidential campaigns will be in full swing, and thus commanding all the attention of Congress, the media and the American public.

    2- Memory: People's memories are short. Now that we have the attention of the media and Capitol Hill, wouldn't it make sense that this is the time to redouble our efforts and push harder? If we wait, the iron might just cool off.

    Having said that, and as we know, a rally means a lot of money, a lot of work, a lot of dedication to organize. Yet, no one said our struggle was easy, and other people and groups who have gone through tough struggles have had to go through extraordinary lengths to achieve their goals.

    So, if we were to hypothetically hold a second rally this Fall, we could go for the "low-hanging fruit", i.e. we can hold the rally where the most of us live, such as Silicon Valley (and we know those folks really come through), we can plan to reach attendance to this event in the tens of thousands. I know we might not have enough time, and the people who worked so hard on the DC rally are probably exhausted. But, what if we just focus on an area where there are a LOT of us, and do a "no-frills" rally? Just get the police permits and show up. Our numbers will do the rest.




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  • Jaime
    09-07 11:15 AM
    Let's go, let's change people's minds so that we can ALL attend the DC rally on the 18th!!!!




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  • BharatPremi
    03-13 04:19 PM
    Guys wait till you see "real" bulletin and even if mirror to what has been placed to Mumbai Consulate, EB3 will forward perhaps slowly now but picking up. EB3-India with PD 2004 mid and before will not have to worry that much.




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  • razzy77
    05-09 11:57 AM
    I have a pending I-140 since July 2006. Today i lost my sponsor employer and don't know what to do. Can I switch my pending I-140 to another employer? What can i do NOT to lose status? I still have a valid H1B till Augist 2008 but I have travelled on my Advance Parole. Does that mean that my H1B is terminated? Please advise. Thank you.



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  • acecupid
    07-15 06:14 PM
    Here is the actual text of the visa distribution law. Also available on USCIS website.


    INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
    Sec. 202. [8 U.S.C. 1152]
    (a) Per Country Level. -

    (1) Nondiscrimination. -

    (A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.

    (B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-

    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).

    (b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-

    (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;

    (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.

    (c) Chargeability for Dependent Areas. - Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in section 201(b) , shall be chargeable for the purpose of the limitation set forth in subsection (a), to the foreign state.
    (d) Changes in Territory. - In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.
    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).




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  • Michael chertoff
    07-15 10:05 AM
    Even mine is EB2 with level II. I did not see a single case from my company with Level III or Level IV but still a lot of them are EB2.

    My 140 approval says: Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2).

    My understanding: this is EB2.

    exactly same thing with me...



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  • newfoundland
    08-04 05:35 PM
    They are worse.. they do not respond quickly, never let you talk to attorneys directly.. have to go through the secretaries and to top all this they mess up the applications.. in short they suck!


    I agree.

    Murthy law firm is a big No, NO.




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  • nrk
    06-10 03:49 PM
    All the best for those who have PD's before 1st Oct 2005. hope you all get GC's this year

    My date is current now... lets hope there is good news in store for those whose dates got current...



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  • inskrish
    09-21 08:47 PM
    Thank you for your honest opinion.

    1) totally understandable
    2) I don't think there was any core member yelling, just a bunch of enthusiastic supporters. But I appreciate the feedback and understand the frustration. It takes different things to motivate different people, which is why I am looking for real feedback to improve moving forward. I'm sure you understand, politely asking once or twice many not get through the flurry of daily posts that happen on this board :)
    3) That's good to know! There is a lot of work to do moving forward. I would suggest your joining your local chapter if you haven't done so already. If you don't have a local chapter - step up and make one! Which leads me to...

    Core chaps and chapesses - I think it would a good idea to overhaul links on the navigation pages to reflect up to date contact members and chapter information.


    Hi Franklin,

    Thanks much for your valuable feedback, and I agree to your points and suggestions.

    Regards,
    IK




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  • alterego
    09-04 05:05 PM
    Someone asked earlier, who changed their mind after reading Jaime. I did after one of his earlier posts.
    I was decided on not going, but then as I spent more time on this forum, I realized it is definitely the right thing to do. If not us speaking up then who? Simply answer that. How do lawmakers even know that we exist, that an injustice is happening to us, that we feel frustrated about our situation. They keep getting lopsided anti immigrant venom from some well organized and well funded groups and keep hearing about illegal immigration. Our pain however has resonance with them. We played by the rules, we came and lived legally at the invitation of our AMERICAN employers and the US gov't certified that there is no one to take the jobs we are doing, we paid taxes, we have integrated into society and we are asking, why are we being made to wait this long?
    What's to feel bad or shy about in that?

    I'll tell you something, those who are skeptical simply do not understand how this country works. It is a representative democracy and people pressure and protests and lobbying DO WORK. Otherwise lobbying would not be the biggest growth industry of the day. There is no other way to inspire change, and it has been, can and will be done. I have seen it time and over again.

    The final point I wish to make is, those coming to this rally have pre-selected traits. They are the pre-selected ones who are programmed to be successful in this country. They understand it and are proactive and entrepreneural and willing to spend, take risks, take a leadership, are responsible and will do the right thing. These traits have been and will continue to be rewarded in the long run in this country. I wish we can project that our community has many of these people.
    Those meek, follow the leader, risk averse, miserly, behind the back types, may have their little breadcrumbs but will never have the attributes to achieve anything of note in the USA anyway. They will continue to find lame excuses for their lack of progress.

    Every reader needs to decide for themself which type he/she is. This is after all the greatest country in the world that you are asking for acceptance into.



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  • mheggade
    07-15 04:10 PM
    My numbers are not 100% accurate , but it gives fair sense of the current situation.




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  • Jaime
    09-06 04:08 PM
    YES Baby!. I am making it to the Sep 18th DC Rally. I am also bringing my parents (who are visiting US) along with me to the rally. So, total count is 3.

    Initially, I was planning to take them to just NYC. Now I changed plans and decided to show them DC as well. Since we are talking about Washington Monument and Capitol Building, I don't think they will mind at all :).

    Go Fellows Go...

    Way to goo neel_gump! That's great that you and your parents will attend the rally! And also, you are right, DC is a great tourist destination which your parents will greatly enjoy!

    That's actually a good idea too, why not make it a long-weekend? Vacation + activism, you will enjoy yourselves and also help yourselves by telling Congress to do what is fair!



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  • Milind123
    06-14 11:48 PM
    Vinn,

    Here are just a few that I can think of rightaway.

    1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.

    2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.

    3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.

    4. Fee of EAD is being hiked to $340 per year.

    5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.

    6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.

    On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.

    EAD allows you to work any type/number of jobs that is the big PLUS though!

    TIA
    Great points. Is it possible for the primary applicant to continue on H1 and the secondary/dependant applicant apply for EAD?




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  • watertown
    03-05 11:43 AM
    Guys....

    Can you recommend any good lawyer in Boston area who has experience with WOM stuff or immigration litigation?



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  • eb3_nepa
    03-08 03:34 PM
    I totally agree with you. Besides all our spouses wud LOVE that idea :)

    Unfortunately i doubt that anyone wud raise it in the senate. As it is the H1Bs are facing issues, can u imagine the uproar NumbersUSA wud create on hearing this. There are a LOT of things wrong with the US immigration system.

    Just curious, how is H4s not working a "Discrimination"?




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  • kandhu
    06-01 10:52 AM
    I have contributed $50 for DC advocacy thru PayPal.
    Transaction ID: 78E84060FT200131X



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  • headhunter
    07-19 10:20 PM
    I thought IRS will allow you to withdraw your 401(K) with a 10% fine + all applicable taxes. Not sure how that will benefit someone who is forced to withdraw becuase he has to return to India.

    You go back to India and withdraw one year later when you have 0 US income. Anything below 15K income is not taxable. Your 401 (K) withdrawal is added to your income for taxes




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  • Hinglish
    03-21 03:03 PM
    Dude...read your post properly...u are making a statement...u r not saying it is what USCIS thinks...

    And nobody is insecure over here..it's just people like u who have made this forum a place of hatred between people of different countries....

    Didn't u learn on day 1 of ur job?...read a few times before u post/mail to anyone....u have no right to use words EB3 and unskilled together...

    If u think USCIS thinks that way....pls mention it so...Get a life

    FYI...I AM INDIAN

    OOOPs you are an Indian.... and how does that affect this discussion?
    My mistake .... I thought you were a normal person discussing immigration related matters on an immigration forum and hence have the ability to discern, understand and have some background on immigration law, USCIS




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  • miapplicant
    10-10 09:20 AM
    My spouse & I can make it to Troy.




    amitjoey
    05-25 03:52 PM
    Thank you everybody that has contributed. We need to raise $50,000 in the next 15 days. That is $3334 raised every day. Now even though this looks like a big amount to raise, with a collective effort we can do this.

    Goal by end of today: $23,338
    Amount Reached: $6,300




    saimrathi
    07-05 08:18 AM
    Isn't that good news? Atleast we wont have to redo the medical exams if that were true.. Or do you think this is a strategic move by USCIS to be immune from any lawsuits?

    Hi guys,

    I have just called the USCIS. They told me that the applications will not be rejected but just put on hold until our visa numbers will be avialiable ifor the nerw FY 2008.

    In addition she told me that the Nebraska office is sending back the filing receipt to the applicants which it should not affect our h1-b visa status in case we are going to travel.

    For the last part I do not believe her. Is there anyone else that can confirm that ?

    Thank you.

    Andrea



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