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  • Why do you think I should go for a new H1? I can always call my wife on a visitor visa. She can stay on a visitor visa in US for 1 year continuously. So why bother for an H4?

    Unless there are some other advantages of H4 which I am missing?

    She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.





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  • Thanks Sanbaj. Do you have both applications under same sponsor? Or different sponsor? My case is: both different sponsor and on top of that now I am working for third company using AC21 -EAD. Can any complications arise?
    My case was simple. Same Sponsor. Same Category EB2. You case is complex as three different companies are involved. In my understanding, which is very limited, both the approved I140s are yours to use. Whichever sponsor's I140 is applied to your AOS is that sponsor you should joing after AOS is approved. But, AC21 in your case makes it even more complex. You better get a very (interfiling) experienced lawyer to help you out in your case for just to be on the safe side. There is no point taking so much risk at this stage of this prolonged and painfull process.

    Best of Luck.





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  • You can sue this guy successfully there is no doubt, but you should have guts to do.

    Most people just have guts to rant here. They won't take flowers to USCIS office or even put some feedback comments on CNN website. Sad but true.





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  • If true this would REALLY benefit a lot of spouses especially someone like our core member Shilpa.

    I am just surprised that none of the Big law firms have reported it. I guess now the h4's will have to wait till Oct 2007 to get their H1Bs





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  • I am trying to understand the cause for this huge delay to issue either EAD or AP. Could it be due to a large number of I-485 filers in July 2007 that the agency is unable to handle the volume of requests (either for a new one or renewal)?

    Has USCIS come up with any explanation as to why there is lot of delay to issue EAD renewals or new EADs? Could it be the US economy that is causing the drag on the agency?





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  • what are the "legal types" of clothes ;)

    macy's, dillards etc..non-walmart, non dollar store clothes...haha, kidding man.





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  • So ? What is it got to do with my comment or immigration?

    The sentence was not directed at you specifically or your comment





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  • These are the posts by the user hadron:
    For anyone intending to 'vote with their wallet', please keep the following in mind:
    - Only US citizens are allowed to contribute to political campaigns (it is even illegal to give money to a citizen friend and have him contribute as a straw-man)
    - there are regulations regarding political action committees (PAC) controlled by 'agents of a foreign power'

    We are well aware of this and WILL not be contributing to any political campaign. And in any case, where does contributing to political campaign come in the picture? We are just trying to get ourselves heard! Is that illegal in this 'free' country too?

    While I appreciate the enthusiasm of the folks setting up IV.com (and I have no reason to doubt the sincerity and honesty of their efforts), I don't see a whole lot on the groups website dealing with the legal aspects noted above.
    And then when I posted:
    A lot of foreign governments and entities legally employ lobbyists in Washington. They are merely getting your voice heard by the people's representatives!
    I am not a US Civics expert, but neither can be everybody else here!
    hadron, just because somebody is Board-certified in one field of Medicine does not make them experts in everything else!
    Please expound your expert views on how to win this battle, and we will follow you if that is the better way! Otherwise, please remember that those who forget the lessons of history (i.e. S 1932 defeat) will have to see them repeated!
    This was what he posted:
    Correct, and they are very careful to be registered with the secretary of state as a PAC or public interest lobbying organization. As you point out I am certainly not an expert on the law in this area, but before you start collecting a lot of money, make sure you have competent advice from someone who is (I looked into registering an immigration related PAC a year ago, after realizing the red-tape and political minefields involved I decided not to do so).

    We are again beating around the bush here. As I have mentioned earlier, we are registering ourselves as a 501C4 org and are not a Political Action Committee from any angle. Hence the red-tape etc that hadron is talking about is not applicable here at all


    Quote:
    Please expound your expert views on how to win this battle, and we will follow you if that is the better way!


    I actually don't know how to do that.

    The reality is, in washington there are two things that open the door of a lawmakers office to a lobbyist:
    - a check from the PAC aligned with his cause
    - evidence that he represents measurable share of voting citizens in the home district of the representative or senator

    And do you see the problem here?

    You guys can't legally contribute to political campaigns and you don't represent voting citizens. So, having a lobbyist might be a first step, but it doesn't mean that your cause will be heard.

    Hadron seems to have a very myopic view for everything. Anything and everything for him leads to a political contributions. How about trying the old fashioned way of making the lawmakers aware of the situation of legal immigrants. I don't know whether he has ever seen a reply to a fax from any senator/rep, but all of these misconstrue our request as being either a) A request to increase H1b quota or b) Give amnesty to illegal immigrants. The fact of the matter is the lawmakers do NOT know about our plight. If you read another post in this forum by the CA team that visited Sen. Dianne Feinstein's office, it came out very loud and clear! They had no clue about our plight. This coming from a senator who handles all the high tech firms in Silicon Valley with thousands of legal alien constituents! Imagine how much a senator from a state with no techie firms (like say South Dakota/Wyoming etc) know about us? Nothing, Nada, Zilch....but their vote is worth as much as any other senator.....so the primary aim for us as an org is to make every lawmaker realize our plight and influnce their decisions

    Our main ally in the immigration arena is the US chamber of commerce. They are spending considerable money on advocating for employment based immigration reform (their main thrust however is getting access to unskilled workers, either through a guest worker program or through legalization. in a secondary way they are interested in higher H1b quotas to get access to cheap professionals, fixing retrogression is not very high on their agenda). Have you talked to other organizations classically on our side yet ?

    What makes Hadron think that what he believes (that US chamber of commerce is our main ally) is gospel? In case he does not know, there are many other orgs that have a similar agenda. We have made significant progress in establishing relations with many of these orgs. Unfortunately, we cannot reveal everything here. There is more to it than meets the eye! Thats where QGA is helping us immensely

    Quote:
    Otherwise, please remember that those who forget the lessons of history (i.e. S 1932 defeat) will have to see them repeated!


    Please, save me the melodramatics.

    Immigration bills get introduced by the dozen every year, most of them don't even make it into committee (but every time one gets introduced, people here on this board get all excited that finally 'relief is here'.) Even if a coalition of influential senators picks up the issue, there is no guarantee that it will go anywhere.

    True, but how often do you see rallies across the country either pro or anti immigrants? How often do you hear about immigration being a hot issue and being discussed on CNN/Fox everyday? How often does the President address it in his State of the Union address? The fact of the matter is that this issue is really hot right now. Do not forget that this is an election year. A lot of the reps hoping to get reelected from border states like TX.AZ etc had promised their constituents that they will tackle immigration reforms. If they do nothing, they will face the wrath!
    If there was ever a chance of an immigration bill passing, it is now. If that does not happen, forget about any chance of any immigration related stuff happening in the next 5 years. The question we need to ask ourselves right now is, 'Am I going to TRY to do something this time or should I try it after 5 years'. I know my answer is NOW. But if you want to be pessimistic and think that no bill might get passed, you are in the wrong place. You are better off visiting murthy.com and hope that she announces rapid movement of dates. the primary reason we are all converging here is because we believe that something will happen to the immigration bill and we want to make sure we are not forgotten

    --------------------------------------------------------------------------------
    This is last post:
    I am not angry at anyone, and I don't think that any of my posts can be misconstrued to convey that impression.

    I think it is a good idea to start (another) lobbying organization for immigrant rights as the existing ones have a interests very different from us. All the latino groups are only interested in family immigration and legalization of illegals, employment based immigration is only a little blip on their radar screen. Industry on the other hand has their own agenda, again not one coinciding with our issues.

    I just think that some of the people involved in IV.com are taking step2 before they have taken step1. They have a nice website (no big suprise with a project run by IT professionals) and are already soliciting contributions, but some aspects of it make me wonder about the level of professionalism involved.

    Just to clarify, we are all people with daily jobs other than Immigration Voice. This is a volunteer organization. Do not expect a macromedia flash welcome screen.

    So as apparently some of the founders of this organization are present on this board, I would like the following questions answered:

    - what is the legal form of your non-profit organization ?

    Its on our home page, but just in case, we have applied for 501 C4 status

    - is this entity registered in any state, if yes in which ?

    Again, the address is listed on the web site.....but since you did not bother to check it, it is NJ

    - who is registered as the owner of the organizations bank account ?

    It is owned by Immigration Voice. Remember, this is a NON Profit organization. It cannot be 'owned' by a person. Again this is on the web site..

    - what is the structure of the organization ? Do you have dues paying members, is there a board of directors, trustees ??

    Yes....if you know about 501 C4 orgs, they all NEED to have an org structure and there are officers and a board of trustees

    - who are the officers of the organization ?

    Everything is in place. 501 C4 cannot be registered without that.





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  • Sent both faxes to CA senators





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  • And what makes you think that software consultancies cannot be run without H1-B visas?

    Lol, they can.....and they'll charge like $200/hr for everything w/o H-1s willing to be relocated at moments notice.....the industry can't afford to pay someone higher just because they are 'American' if it is not profitable for them......leads back to the original point....





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  • ...........and the point you're trying to make is???

    If you don't want a GC, why are you on this forum and making anti-GC statement. A pro-GC person would agree with this statement unequivocally.

    Read my statement again and tell where I am saying anything against GC...since you said no other country is charging the immigrants for border security....I am saying US is the only country which gives millions GCs every year...so when you compare there is no comparison...





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  • which VB are you quoting..link doesnt work...

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html

    see the VB now its working.





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  • There's always two sides of a coin. Don't think much about people who gave you red but there were also people who gave you green. And in this forum red and green means nothing.

    It's just that some frustrated souls gives you RED and some relaxed souls give you GREEN.

    There were some frustrated souls out there who gives you RED for everything, who doesn't add any value to this forum.

    And I bet even I would get for this comment.

    Take it easy.

    Well said...here you go...a green!





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  • First of all, not everyone here is from India. Second, not everyone here is from programming/IT background. It is easy to make that assumption, but believe me, there are plenty of non-indians, or non-IT people, and even non-Indian, non-IT people here. :D

    For these, what is or is not happening in Bangalore is completely irrelevant.
    Second, people who are still here have already decided where they want to be. (Which is why they are on the forum in the first place). People change countries for more reasons than just following the next IT boom.

    Anyway, regarding impact on opportunities here, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
    Not true, by a long shot.
    To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.

    When you outsource, you lose this talent pool which is already sitting in your backyard. You may still outsource, of course, but the most cost effective solution would be to hire the top talent already here. This is especially true in professions which do not work very well in outsourced situations, like business consulting, marketing, management etc.

    This is why it is in the best interest of companies to support EB GCs.





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  • I would urge you to change the title as most of your problems are due to your own decisions and not due to agency.

    back to your post



    That is correct. Every visa has an intent and purpose that is why there are several types of visas. If the intention is to immigrate, absalutely they will not issue B1 no matter what the applicant say during the interview.

    Consular processing is a long shot, best bet is as someone else said in the post
    Follow to join" provides derivatives opportunity to join beneficiary within 6 months (spouse and kids).

    IF the dates retrogress, you may have to talk to prospective employers who will sponsor H1B and then bring her back to US on H4.

    I will pray and hope that you will get GC soon and your spouse be able to join you.

    And last, Be little considerate in the forum and little deplomacy to express the ideas will help communion with fellow IV members smooth. I do get a feel of "arrogance" reading your posts and does not fit the status co and not very useful to get ideas to solve your problems.


    Thanks friend. I do hope your prayers work for me. But I still find it strange that if someone has a pending I-485 through consular processing route, then he/she can't get a visitor visa no matter what? What if it is a medical crisis? Family reunion issues? This sure sucks. I will check with some lawyer on this.

    And lastly what you detect as arrogance is my plain talking style. Did I make personal attack on anyone? no, right? Life is like a game of chess. Make the move which makes the best sense at any stage. What is the point in thinking about past moves?

    Follow to join looks like a good move as of now. But I can use this move only if my GC is approved first. But I doubt my GC will be approved in a month or so. So if my GC is still pending and dates retrogress again, we are stuck. On the other hand if my wife applies I-485 in india she can't get a visitor visa. If she comes to US first on B1, then she can't file I-485 because of violation of intent. I need one damn grandmaster of a lawyer to fix this game man.





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  • Medical Fees: $718
    Attorney Fees: $1165
    Photographs: $43.26
    USCIS Fee: $1490
    Birth Certificates/Affidavits from India around: $300
    FedEx: $47.92 (overnight)

    Total: $3764.18.

    And did not value my hours for preparing forms and collecting documents.

    Request: May be USICS can calculate value for all those sleepless nights. (Let me know ASAP).





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  • But the EAD/AP is a good band aid indeed, for many





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  • Looking at the .PDFs and the law on spillover, I agree with MPADAPAs analysis. Still hope that there would be spillovers from unused EB visa...sure it will be less compared to last year....but atleast feel/hope it would be enought to get through 2006....atleast for EB2 guys....





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  • Thanks for the information

    Google DHS USCIS ombudsman and you will find a link to form 7001





    Two year EAD received yesterday; PD current.





    This is a FAQ on name check delays by USCIS and how USCIS will be approving the cases that are still pending.

    http://www.uscis.gov/files/pressrelease/name_check_faq-20feb08.pdf



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