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  • I am all for abonding H1B, when did IV promoted H1B program, we have this mess today due to H1B and itz loopholes,

    I don't use word slave very lightly, but we need to accept the fact many of H1Bs are handcuffed with current system, We need system similar to Austrialia, Canada a point based system or very similar to Nurses in US they get GC before even coming to US.

    H1Bs are truly pulling the wages down, I know I did when I came here I have no argument with anti-immigrants with this subject, but giving GCs to these H1Bs will have fair chance to compete in Market

    Corporate leaders such Bill Gates and Senators such as Kennady do know this issue and have deep understanding but they don't give a rat about it,

    Please do not say negative things against the H1B visa guys. Remember if it was not for the H1B, you guys would be in ur home countries right now. Let us all please stop abusing the VERY priviledge we have. H1Bs are FREE to change jobs at will. If you dont like your job CHANGE IT or GO BACK. Slaves cannot change jobs OR go back to their own countries. We cannot expect the system to start bowing to our wishes everytime we dont like what we currently have. No i am not an anti immigrant, Yes I am from India and stuck like the rest of you in retrogression. Right now i would walk a million miles to obtain an H1B visa for my spouse who is stuck in limbo coz of this H1B lottery.

    Also this discussion is FUTILE. IV now after 2 years of slogging has a "NAME BRAND". Logiclife has explained that this name cannot be changed. It is a good idea to be called "Legal Immigration Voice" but it is TOO late now. Instead of discussing this let us help the Current Immigration Voice name to achieve success.





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  • Immigration: 'Birth Tourism' Industry Markets U.S. Citizenship Abroad - ABC News (http://abcnews.go.com/Politics/birth-tourism-industry-markets-us-citizenship-abroad/story?id=10359956&partner=yahoo)

    A New Baby Boom? Foreign 'Birth Tourists' Seek U.S. Citizenship for Children
    More Foreign Mothers Live Abroad to Give Birth on U.S. Soil, Debate Over 14th Amendment

    Millions of foreign tourists visit the United States every year, and a growing number return home with a brand new U.S. citizen in tow. housands of legal immigrants, who do not permanently reside in the United States but give birth here, have given their children the gift of citizenship, which the U.S. grants to anyone born on its soil.

    The number of U.S. births to non-resident mothers rose 53 percent between 2000 and 2006, according to the most recent data from the National Center for Health Statistics. Total births rose 5 percent in the same period.

    Among the foreigners who have given birth here, including international travelers passing through and foreign students studying at U.S. universities, are "birth tourists," women who travel to the United States with the explicit purpose of obtaining citizenship for their child.

    Catering to the women is a nascent industry of travel agencies and hotel chains seeking to profit from the business. The Marmara Manhattan, a Turkish-owned luxury hotel on New York's City Upper East Side, markets birth tourism packages to expectant mothers abroad, luring more than a dozen pregnant guests and their families to the United States to give birth last year alone.

    "What we offer is simply a one-bedroom suite accommodation for $7,750, plus taxes, for a month, with airport transfer, baby cradle and a gift set for the mother," Marmara Hotel spokeswoman Alexandra Ballantine said.

    The hotel estimates the total cost of the package at $45,000.

    Most women stay for two months, Ballantine said, and they make medical arrangements on their own. "Guests arrange and pay for these by themselves," she said of hospital costs that can approach $30,000.

    For those with the means to pay, it's a small price to give a child the full benefits of U.S. citizenship, including the ability to travel freely to and from the United States, easy access to a U.S. education and a chance to start a life here.

    "We found a company on the Internet and decided to go to Austin [Texas] for our child's birth," Turkish mother Selin Burcuoglu told Istanbul's Hurriyet Daily News. "I don't want [my daughter] to deal with visa issues. American citizenship has so many advantages."

    The greatest of those advantages may be the ability of the citizen child to later sponsor the legal immigration of his or her entire family permanently to this country, experts say.

    The "birth tourism" industry, which is difficult to track and remains largely anecdotal, has been on the rise for years, according to government and participants reports. Of the 4,273,225 live births in the United States in 2006, the most recent data gathered by the National Center for Health Statistics, 7,670 were children born to mothers who said they do not live here.

    Many, but not all, of those mothers could be "birth tourists," experts say, although it is difficult to know for sure. The government does not track the reasons non-resident mothers are in the United States at the time of the birth or their citizenship, meaning births to illegal immigrants who live in the United States are counted in the overall total.

    In recent years, many women have come from Mexico, South Korea, China and Taiwan, but the trend now extends to countries in Eastern Europe, such as Turkey, where as many as 12,000 children were born in the United States to Turkish parents since 2003 by one estimate.

    The business of birth tourism is perfectly legal as long as immigrants are able to pay their own way.

    The State Department and Department of Homeland Security have no specific regulations banning pregnant foreigners from entering the United States. But officials say they can and do turn away pregnant women with obvious designs on coming to the United States to take advantage of free medical care. "When determining if an individual will be allowed to enter the U.S., Customs and Border Protection officers take into consideration the date the child is due for delivery and the length of time the individual intends to stay in the U.S.," a Department of Homeland Security spokesman said.

    Still, critics say the practice largely goes unchecked and exploits the true meaning of the 14th Amendment to the U.S. Constitution, enacted after the Civil War to grant citizenship to descendants of slaves.

    "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside," the amendment reads.

    "It's really an incorrect interpretation of the 14th Amendment," said Jerome Corsi, a conservative author and columnist who has studied the issue of birth tourism. "Birthright citizenship is a loophole � [and] as it expands into a business for entrepreneurs in foreign countries who offer birth tourism packages, it markets the loophole to attract additional mothers to the U.S."

    Lino Graglia of the University of Texas law school wrote in the Jan. 11 Texas Review of Law & Politics that the authors of the 14th Amendment never would have imagined their words bestowing citizenship to illegal or visiting immigrants.

    "It is difficult to imagine a more irrational and self-defeating legal system than one which makes unauthorized entry into this country a criminal offense and simultaneously provides perhaps the greatest possible inducement to illegal entry," Graglia wrote of birthright citizenship. The Supreme Court has only addressed the issue once, ruling in 1898 that citizenship applies to U.S.-born children of legal immigrants who have yet to become citizens.

    Some legislators, including U.S. Rep. Gary Miller, R-Calif., have called for revising the Constitution to forbid citizenship by birth alone and thereby end the attraction of birth tourists. But other politicos, from both sides of the aisle, say such an approach is politically unrealistic, not to mention unnecessary. "You just turn people down for being pregnant," said Mark Krikorian of the Center for Immigration Studies. "That should be the default position and then there'd have to be some very good reason for an exception."

    Krikorian acknowledged that some people might find a ban on pregnant visitors "outrageous," but questions the rationality of the alternative.

    "Do you really think that's right that somebody here visiting Disneyland should have their children be U.S. citizens, which they'll then inevitably use to get access to the U.S.?" he asked.

    Krikorian and others call the offspring of birth tourists "anchor babies," because they can serve as a foothold for future legal immigration of an entire family.

    Ali Noorani, executive director of the National Immigration Forum, said he sees the debate about birth tourists in a different light, however, noting that arguments about citizenship of children ignore a fundamental question of humanity.

    "If we're a country that cares about families and family values, then why are we blaming the children for a decision the parents made. Their only decision was to take a first breath," he said.

    "What is the State Department going to do? To fill out a visa application have a woman pee on a stick?"

    The United States is one of the few remaining countries to grant citizenship to all children born on its soil. The United Kingdom, Ireland, India and Australia, among others, have since revised their birthright laws, no longer allowing every child born on their soil to get citizenship.





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  • Please help me with USCIS Phone Key Pad Entry Sequence to talk to USCIS. I need to know why my case was transferred to Local Office.

    Try this

    Call 1-800-375-5283
    Press 1
    Press 2
    Press 2
    Press 6
    Press 1
    Now enter your receipt number
    press 1
    press 1 (now listen to the case update info)
    press 3
    press 4
    (now if you listen a male voice prompting you to hold the call that means the call is going to IOs desk, if it says no IO is available, it will redirect it to NSC, you can hang up and try the next morning)





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  • no its not.

    Thanks





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  • Truth always hurts. It is not too much talking when I say that people can't afford to contribute 20 bucks to IV. Out of roughly 9000 members, only 200 contributed in the last contribution drive and now you should be able to do the math yourself. That is the fact and it's very troubling that 98% of the members chose to contribute nothing.

    If you expect 200 people to find relief for 1 million so called high skilled immigrants present in United States, may be you need to wake up and do some reality check. Just checking IV 50 times a day for an update will not bring any relief, if that's what you are counting on. No wonder we are yet to see any relief whatsoever.

    Please dont be rubbish to others. your suggestion to open another thread which make sense. BUT your contribution request and even talking their affordability to 20 bucks are too much talking.





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  • Hi guyz,

    Bit of addtional information that might be just what was needed to make final call.

    I spoke to Fragomen, my Law firm, and they informed me that priority date for filing I 45 (Green Card last stage) is current for Labor applications (EB3) filed in April 2001 and unless something dramatic happens again, things will move at its own pace.

    My Labor (in EB3) was filed in March 2003. Estimated time to get GC might be anywhere between 1 year to ... who knows....

    I am leaning towards resigning and start it fresh.. wherever...even If it is US fresh H1 will always be there.

    Thanks for your help and advises

    Regards,
    Alp


    What if France is at par or worst than USA for immigration/visa purposes? Your fresh start may become rotten there too.





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  • You should have done this at least 6 months before your I-94 expiry date so that you could have used automatic Visa revalidation to reenter US after which you could have handed over your I-94 and left Canada by plane.

    Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.

    Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.

    Refer http://www.amcits.com/form_i-94.asp and search for “What If No One Takes Your I-94 Form Upon Departure”





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  • Filed with VT service center in early Dec '07. RFE issued 4/14/08. Lawyer should have already responded to RFE. Hopefully approval is a few days away.





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  • Anybody seen layoffs in software industry anywhere recently?





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  • You should read that RonGothers thread - he is strongly of the opinion that maintaining H1B status while AOS is pending is useless. Moreover, it seems like USCIS can revoke your remaining H1B when they deny AOS application basically kicking you out of the country immediately. Now as a practical matter, I don't think they are doing that anyway. So guys, once you burn up your 6 year H1B, there is no real strong cushion if 485 gets denied. To heck with these laws. Stupid and irritating.






    ...and the confusion regarding this rule continues :)





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  • My Case is similar to yours.. I called USCIS yesterday and the IO checked and said something about my photo missing when she looked online... She then put me on hold and came back after a couple of minutes and said that photo need not show up (or not required) for AP. she asked me to call up after 2 weeks if I dont get it.

    My guess is something's messed up. I am planning to call back on monday if I don't get it by that time.

    :(:(:(:(


    My AP online status says mailed on Sep 11 th. I have not received them yet.
    My wife AP online status said Sep 11 th. We received them on Sep 21 st.





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  • it might sound cliched by now, but what IV has achieved so far is truly unbelievable, especially given the historical laissez-faire attitude of our community.Remember what this group is essentially about : a bunch of people fighting for their just cause within their limited rights in an alien country. Its a huge pity that all those folks who think of IV and their GC as their entitlement get a free ride through the blood and sweat of a handful of people, whom they accuse of incompetance and worse. Great job core team .. with all this effort, success of some sort is inevitable.





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  • Can we see some material that you have done. I personaly would not even attempt to do a pay job just yet, you have to know AS HTML PHP XML XSLT by heart and you have a Deadline, I do not sugest that you attempt it, but if you HAVE to you could try to pull one off during the summer.





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  • H1-B slavery: the American nightmare. Why would a major corporation deceive recruits only to end up with seriously unhappy employees with a serious grudge against their employer.

    Well...You are definately not a slave....
    You can walk away any time you like......
    In the end it is the individual's decision...

    Calling ourselves as slaves opens up whole new can of worms...





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  • Thank you all for your suggestions and they are helpful.

    I would wait for one or two months for the next FY visa bulletins and decide on starting my new labour in EB2.

    Thank you again.

    If your current/future job is eligible for EB-2, you have the qualifications to meet the job requirement and your employer is willing to start EB-2 process, I would get the process started as soon as possible. With your current EB-3 PD, I dont see anything changing in the next 1 to 2 months. You might as well start it now so you can complete the PERM documentation and advertising phase and file PERM in 2-3 months duration instead of waiting. Thats my 2 cents.





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  • So does that mean that if one's I-485 is rejected (Has no luck with MTR either) -
    Then he cannot continue after his current H1-B expires (After 0 to 3 years)?
    Going back to his home country is the only option?





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  • Please contribute....

    http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000





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  • The rule that USCIS follows is that if they estimate that your priority date wil become current within a year they give you a 1 year EAD. When they estimate a wait of more than a year they give a 2 years EAD. ofcourse this is not strictly followed as we have seen cases of people falling through the crack and getting 1 year EAD when their priority date is far in the grey area (1 to 1.5 years from the current date)

    Look at the bright side a 1 year EAD means that you will most probabaly be current in a year :D:D:D





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  • Done





    Go through forum there are some links ..





    If you are on H1 and switch to another H1- you do not need to worry about Cap

    If you are on H1 and switch to EAD- you have relinquished your H1.Whenever you wish to resume your H1- at that time you will go against the Cap.

    Hope this clarifies

    What about if one comes back on AP and hence has to use EAD but also has a valid H1 approval ( but no stamping in the passport ) . Can they go back and use that H1 approval for stamping and come back on H1 ? They are still working for the same company which sponsered the H1 and the GC



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