voldemar
06-23 09:43 AM
I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved.
For AP it doesn't matter approved I-140 or not. For EAD it's safer not to use it till I-140 approval. I would apply for it and hold just in case. Also your spouse can use EAD without I-140 approval, she/he can switch back to H4 if 140 is denied. I's critical for main applicant to maintain H1/L1 status.
if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?Yes, you can continue to file and use AD and AP while dates retrogressed.
For AP it doesn't matter approved I-140 or not. For EAD it's safer not to use it till I-140 approval. I would apply for it and hold just in case. Also your spouse can use EAD without I-140 approval, she/he can switch back to H4 if 140 is denied. I's critical for main applicant to maintain H1/L1 status.
if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?Yes, you can continue to file and use AD and AP while dates retrogressed.
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rockstart
07-12 11:32 AM
Simple EB2 takes more priority over EB3 so EB2 ROW flow first to EB2 India & China and if there are more they will go to EB3
Why didnt the EB2 ROW number trickle to ROW EB3 first?
Why didnt the EB2 ROW number trickle to ROW EB3 first?
stucklabor
07-25 08:43 PM
Guys,
This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.
Once more unto the breach, my English friends.
BKarnik, there are sections in INA that use the phrase "Employment Authorization". For instance, see this base page for INA.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20?f=templates&fn=document-frame.htm#slb-act
Sec. 106 deals with Employment authorization of battered spouses, right on the front page of the link. There are other sections in INA that deal specifically with Employment Authorization. The problem obviously is that each class of aliens eligible for Employment Authorization has their EAD specified in their own section. 8CFR ties all of these classes together in a single place.
This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.
Once more unto the breach, my English friends.
BKarnik, there are sections in INA that use the phrase "Employment Authorization". For instance, see this base page for INA.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20?f=templates&fn=document-frame.htm#slb-act
Sec. 106 deals with Employment authorization of battered spouses, right on the front page of the link. There are other sections in INA that deal specifically with Employment Authorization. The problem obviously is that each class of aliens eligible for Employment Authorization has their EAD specified in their own section. 8CFR ties all of these classes together in a single place.
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SSSarkar
07-17 10:15 AM
Well done.
I sent an email to Roy Beck - Founder of NumbersUSA about the false information that they present via the fax. I am expecting some reply.
This is email that I sent..........
-------------------------------------------------------------------
Hi Roy,
I am Satish. I am one of many immigrant workers working in USA. Recently, I came across www.NumbersUSA.com website and their propaganda. I respect your service to this country and your steps towards propagating your agenda to the congress. However, when I came across the following fax content intended to faxed to the members of congress from www.Numbersusa.com, I was completely shocked to see the points mentioned in the webfax. Let me give my insight on this.
The fax content is as follows
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
My view on the above points.
1) This is true that foreign workers bring their families. However, I reject the word "guarantee" used in the later part of the sentence. Let me further elaborate on this. When a H1B worker first arrives on the American soil, the worker's spouse and children if any, are on H4 visa. For your information, these dependents of foreign workers are on H4 visa, which is a highly restrictive visa. This visa does not guarantee a social security to women and children. By social security, I mean lot more than just a social security number. In some states, this results in inability to even drive and be completely dependent. Some of H4 people that I know are highly skilled such as Phds, Doctors, MBAs, etc.
2) This is most shocking of all the points. I would love to know the source of this information. I am a H1B worker for last 4+ years. I have paid all my taxes including federal, state taxes, social security taxes, Medicare, FICA, etc. This is not voluntary deduction. All my employers were mandated to deduct just as any American citizen. I would love to debate this with you and NumbersUSA reps, because I have facts and documents to prove this. In fact, Most of H1Bs pay FICA tax, which we simply cannot get after retirement (in this case mostly 6 years on H1B). I would encourage you and NumbersUSA to contact reputed IRS expert to get more information on this. In case you don't get this information. I would be more than happy to meet you in NumbersUSA office along my documents. If some person or employer does not pay taxes being on H1B, that person is treated as tax fraudster, whom I am sure IRS handles very effectively.
3) This is also not true. In my case I had to post my labor on job bulletin board (place where I had to work) for atleast 2-3 weeks with my skills, designation and salary offered. In case if any US citizen interested in this posting, he had an open opportunity to contact my employer about his interest in the job. By the way, salaries of thousands of H1B workers are on par with that of US citizens. Given a chance, I am sure that I can prove that I am better in all aspects of IT programming than some of the best on U.S. citizens. This promotes competitiveness.
4) I would love to have actual source of this information. I know many US registered organizations that hire H1B foreign workers, who worked with fellow U.S citizens without any problems. As far as my knowledge is concerned, most of these employers are "Equal Opportunity Employers".
Roy, America is a unique country that is built on immigrants. This is probably one of the reason why America is amazing in providing civil liberties to all people irrespective of caste, color and race. Also, America has such an immense talent in every field, which makes it a leader in this competitive world.
I certainly welcome yours and NumbersUSA perspective on this email.
Both of us strive to make America more strong and competitive.
Thanks,
Satish
"It is the theory that decides what we can observe."
Albert Einstein
I sent an email to Roy Beck - Founder of NumbersUSA about the false information that they present via the fax. I am expecting some reply.
This is email that I sent..........
-------------------------------------------------------------------
Hi Roy,
I am Satish. I am one of many immigrant workers working in USA. Recently, I came across www.NumbersUSA.com website and their propaganda. I respect your service to this country and your steps towards propagating your agenda to the congress. However, when I came across the following fax content intended to faxed to the members of congress from www.Numbersusa.com, I was completely shocked to see the points mentioned in the webfax. Let me give my insight on this.
The fax content is as follows
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
My view on the above points.
1) This is true that foreign workers bring their families. However, I reject the word "guarantee" used in the later part of the sentence. Let me further elaborate on this. When a H1B worker first arrives on the American soil, the worker's spouse and children if any, are on H4 visa. For your information, these dependents of foreign workers are on H4 visa, which is a highly restrictive visa. This visa does not guarantee a social security to women and children. By social security, I mean lot more than just a social security number. In some states, this results in inability to even drive and be completely dependent. Some of H4 people that I know are highly skilled such as Phds, Doctors, MBAs, etc.
2) This is most shocking of all the points. I would love to know the source of this information. I am a H1B worker for last 4+ years. I have paid all my taxes including federal, state taxes, social security taxes, Medicare, FICA, etc. This is not voluntary deduction. All my employers were mandated to deduct just as any American citizen. I would love to debate this with you and NumbersUSA reps, because I have facts and documents to prove this. In fact, Most of H1Bs pay FICA tax, which we simply cannot get after retirement (in this case mostly 6 years on H1B). I would encourage you and NumbersUSA to contact reputed IRS expert to get more information on this. In case you don't get this information. I would be more than happy to meet you in NumbersUSA office along my documents. If some person or employer does not pay taxes being on H1B, that person is treated as tax fraudster, whom I am sure IRS handles very effectively.
3) This is also not true. In my case I had to post my labor on job bulletin board (place where I had to work) for atleast 2-3 weeks with my skills, designation and salary offered. In case if any US citizen interested in this posting, he had an open opportunity to contact my employer about his interest in the job. By the way, salaries of thousands of H1B workers are on par with that of US citizens. Given a chance, I am sure that I can prove that I am better in all aspects of IT programming than some of the best on U.S. citizens. This promotes competitiveness.
4) I would love to have actual source of this information. I know many US registered organizations that hire H1B foreign workers, who worked with fellow U.S citizens without any problems. As far as my knowledge is concerned, most of these employers are "Equal Opportunity Employers".
Roy, America is a unique country that is built on immigrants. This is probably one of the reason why America is amazing in providing civil liberties to all people irrespective of caste, color and race. Also, America has such an immense talent in every field, which makes it a leader in this competitive world.
I certainly welcome yours and NumbersUSA perspective on this email.
Both of us strive to make America more strong and competitive.
Thanks,
Satish
"It is the theory that decides what we can observe."
Albert Einstein
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starscream
09-10 12:38 PM
Judiciary committe to resume at 1:00pmGot it. Thank you.
fullerene
07-04 08:18 PM
If we don't raise our concerns at the moment, how can we let lawmakers understand our situations and our requests? The goal of this forum is to speak out our voice. This is a very good chance to unify all of us to speak out loudly. We shall not to care too much about the outcome of the lawsuit. As far as I understand, none of us knows better on immigration laws and litigations than these lawyers. If they has decided to do something, we shall concentrate ourselves on supporting them instead of questioning them. Meanwhile we shall urge the lawmakers to pass SKILL or at least to make a more stable and predictable process to practice the immigration law.
We shall let all the lawmakers who support the CIR understand how they can resolve problems practically for 12M without any legal documents in the USA if our problems on the process cannot be resolved. The basises for addressing 12M illegal immigrants are and only are to have an effective and efficient border control system AND an effective and efficient process to handle all the legal applicants.
We shall let all the lawmakers who support the CIR understand how they can resolve problems practically for 12M without any legal documents in the USA if our problems on the process cannot be resolved. The basises for addressing 12M illegal immigrants are and only are to have an effective and efficient border control system AND an effective and efficient process to handle all the legal applicants.
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never_giveup
09-10 02:40 PM
can some one pls post the link for live telecast
thanks
http://judiciary.house.gov/hearings/calendar.html
Look for today's date and link next to it.
thanks
http://judiciary.house.gov/hearings/calendar.html
Look for today's date and link next to it.
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kumarc123
03-12 10:43 AM
$25 a month is reasonable. What people want it GC in $25 in less than 6 months. Somehow these same guys do not mind paying lawyers $700 for EAD filing which they could do themselves. In other words they trust lawyers who are clearly have a self interest in you not getting a GC but will not trust one of your kind because these guys think their crummy $25 is being flinched.
At least the money is put to some use and results are tangible, how about the results in here?
Refer to my posts.
IV core needs to explain!
At least the money is put to some use and results are tangible, how about the results in here?
Refer to my posts.
IV core needs to explain!
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BPforGC
03-10 04:16 PM
Until Economy is back on track and unemployment rate is back to below 5%, do not attempt anything that pisses of American public. It is not the public perse, but those anti-immigration idiots will cry foul and make GC process even harder.
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
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webr
09-01 09:09 AM
I am NOT from Aspen.
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delax
07-14 08:01 PM
Yes. I VOLUNTARILY exclude myself from any such potential benefit. :)
I am surprised by the defence of this lawfirm in most of your posts on this forum.
And I am surprised by you using a contribution to Immigrationvoice as the only yradstick for working towards immigrant "rights"
By that yardstick neither of us can proclaim ourselves as being working towards immigrant "rights".
Note the quotes - a privilege cannot be a right. DUE PROCESS is your right towards attaing that privilege - we need to focus on that - not on what Murthy does or does not do or even more importantly what you expect her to do or not to do.
I am surprised by the defence of this lawfirm in most of your posts on this forum.
And I am surprised by you using a contribution to Immigrationvoice as the only yradstick for working towards immigrant "rights"
By that yardstick neither of us can proclaim ourselves as being working towards immigrant "rights".
Note the quotes - a privilege cannot be a right. DUE PROCESS is your right towards attaing that privilege - we need to focus on that - not on what Murthy does or does not do or even more importantly what you expect her to do or not to do.
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logiclife
12-27 12:08 PM
was visiting India after 5 years..the visa on my passport expired in 2003.. no transit visa.. had the new Visa document with me though.. missed the connecting KLM flight in Amsterdam & the next available flight was the following day.. the Airline staff went through my Visa document & gave me a 24-hr transit Visa & did put me up @ a hotel outside the Airport.. 'twas a blessing in disguise as I could tick AMS off my 'to visit' list..
So you were in Amsterdam for 1 day. ;) Did you visit any of the legal hesh bars? (Just kiddin).
So you were in Amsterdam for 1 day. ;) Did you visit any of the legal hesh bars? (Just kiddin).
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TeddyKoochu
09-10 10:29 AM
One of the main things that could help us to make a correct guess is number of approved and pending I-140s per country per year of priority.
USCIs shouldn't say they don't have this data and we shouldn't say we never requested this
With the data we may come up with an exact figure (Let’s not spend IV resources for that) but ball park approximation range of 100-120K for EB2 I/C and similar for EB3 ROW indicates that it’s a very tall order for them to be current any time soon even with the most optimistic and lofty assumptions. What I intended to indicate is that the real issue is the per country limits there should be equality within all categories (PS - I have nothing against my friends from ROW). Elimination of per country limits is a must for any kind of fair play, the EB2 spillover will all evaporate once the economic climate improves and for the retrogressed countries there won’t be much of a difference between Eb2 and Eb3 once again, this certainly will happen in the next 5 years before either EB3 ROW or EB2 I/C become literally current.
USCIs shouldn't say they don't have this data and we shouldn't say we never requested this
With the data we may come up with an exact figure (Let’s not spend IV resources for that) but ball park approximation range of 100-120K for EB2 I/C and similar for EB3 ROW indicates that it’s a very tall order for them to be current any time soon even with the most optimistic and lofty assumptions. What I intended to indicate is that the real issue is the per country limits there should be equality within all categories (PS - I have nothing against my friends from ROW). Elimination of per country limits is a must for any kind of fair play, the EB2 spillover will all evaporate once the economic climate improves and for the retrogressed countries there won’t be much of a difference between Eb2 and Eb3 once again, this certainly will happen in the next 5 years before either EB3 ROW or EB2 I/C become literally current.
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amitga
03-11 11:36 PM
Real April fool
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kumarc123
10-23 02:01 PM
Obama clearly explained that he wanted to end abuses of the H1-B visas that is used by highly qualified specialists to work in US. He added that he would make "immigrant workers less dependent on their employers for their right to stay in the country, and would hold accountable employers who abuse the system and their workers".
I read that too, the problem is that American people have now become aware of the H1B visa abuse, I believe all these Desi vendor/body shops have really abused the system to the root. If democrats take over, which I interpret they most likely will, they will put out much strict regulations on these small companies. I know some people in my university are planning to join a community that will report the Desi companies abusing the system to department of commerce, because their are some people who failed to get H1b visa in last two years due to the lottery system.
Thanks
I read that too, the problem is that American people have now become aware of the H1B visa abuse, I believe all these Desi vendor/body shops have really abused the system to the root. If democrats take over, which I interpret they most likely will, they will put out much strict regulations on these small companies. I know some people in my university are planning to join a community that will report the Desi companies abusing the system to department of commerce, because their are some people who failed to get H1b visa in last two years due to the lottery system.
Thanks
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sam_hoosier
07-02 12:51 PM
I support it.
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mheggade
07-14 01:22 PM
link does not work
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pappu
01-16 06:14 PM
Guys please post any websites/forum where we can post our message.I will post it.I have already done in many websites but missed a few that are non-english.
Thanks. could you try yahoo, google and msn groups on immigration too.
when you type these words you will see several such forum names. Select the ones with more membership and become a member. Thgen post messages. Emails sent in these forums go to each member.
others, pls suggest more websites and help in posting IV messages on them.
Thanks. could you try yahoo, google and msn groups on immigration too.
when you type these words you will see several such forum names. Select the ones with more membership and become a member. Thgen post messages. Emails sent in these forums go to each member.
others, pls suggest more websites and help in posting IV messages on them.
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Macaca
07-17 09:24 AM
I am just re-posting something that I had posted elsewhere. I really think that we have to be professional and mature in our response. Does anyone know how one can go about writing an op-ed in the New York Times?
--------------------------------------------------------------------------------
I think IV should write a letter to the New York Times refuting the claims of NumbersUSA. This should be in response to the article that the New York Times published regarding NumbersUSA's influence on the immigration bill.
Please send email to reporter Robert Pear (http://www.nytimes.com/gst/emailus.html). The email should include URL to authentic URL that requires H1B's to pay ALL taxes.
The article: Little-Known Group Claims a Win on Immigration (http://www.nytimes.com/2007/07/15/us/politics/15immig.html) By ROBERT PEAR (http://www.nytimes.com/gst/emailus.html) New York Times, July 15, 2007
--------------------------------------------------------------------------------
I think IV should write a letter to the New York Times refuting the claims of NumbersUSA. This should be in response to the article that the New York Times published regarding NumbersUSA's influence on the immigration bill.
Please send email to reporter Robert Pear (http://www.nytimes.com/gst/emailus.html). The email should include URL to authentic URL that requires H1B's to pay ALL taxes.
The article: Little-Known Group Claims a Win on Immigration (http://www.nytimes.com/2007/07/15/us/politics/15immig.html) By ROBERT PEAR (http://www.nytimes.com/gst/emailus.html) New York Times, July 15, 2007
chanduv23
09-26 11:44 AM
I sent an email to her now.
Thanks Murali - we must stay on top of this
Thanks Murali - we must stay on top of this
trueguy
07-03 05:50 PM
Everyone,
Can we stick to the subject please?
Where is the online petition and how soon can we collect all the signature so they can help in getting those three bills approved.
Thanks
Can we stick to the subject please?
Where is the online petition and how soon can we collect all the signature so they can help in getting those three bills approved.
Thanks
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