Devils_Advocate
03-22 11:17 PM
As per 2006 and 2007 CIR, only illegal immigrants get green card easy. Legals like us - it will become even more difficult. read the text of previous CIRs and new CIR will not be different. Below is the text, it clearly excludes legals from legalization. Hope I would have been daring enough to be illegal. Definately, illegals are the vote banks and they get all the attention.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
relax, no CIR will ever pass in the next few years
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
relax, no CIR will ever pass in the next few years
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rongha_2000
03-18 04:08 PM
:confused:I am in same situtation. I want to reenter on AP and continue on H1-B. Can I do that? My company says its their policy that once I use AP to enter I will have to switch from H1-B to EAD. I dont want to do that. Can I still continue on H1-B?
I intend to travel to my home country I have H1 (not stamped but valid till 2010) working for the same sponsor if I use AP to enter US do I lose my H1 status.I have EAD but did not use it.
I intend to travel to my home country I have H1 (not stamped but valid till 2010) working for the same sponsor if I use AP to enter US do I lose my H1 status.I have EAD but did not use it.
antihero
03-15 09:45 PM
Why did you do it? Oh why why why?
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ivgclive
10-19 06:21 PM
Hi,
Is it possible to apply for both PIO and Indian visa simultaneously. My problem is that my son born in US has to go to India in 60days. If I apply for PIO and if it will not come in 4 weeks is it possible to apply for Indian visa and then go to India on Indian visa ?
Thanks !
You can do that, if you are applying in Indian Consulates and not in Embassy in Washington DC.
1. Washington DC still requires ORIGINAL US PASSPORT (At least, they make it clear)
2. New York : Existing (valid) passport in original, along with a photocopy (Skeptical)
3. San Francisco : Existing valid passport in original, along with a photocopy (In the application form, it says for minors, send Photocopy of US Passport) (Still skeptical)
4. Chicago : The copies of first two and last two pages of foreign passport should be enclosed. (Nothing skeptical as in New York)
5. Houston : A notarised copy each of his/her birth certificate , his/her parent's latest Indian passports (either expired or not yet expired ) and his/her current US/Foreign passport and a copy of the parent's valid passport. (Guess nothing is skeptical)
Bottom line, for a US born minor, with the birth certificate + copy of US passport (notarized) are enough to give a PIO card. But the above offices of same agency follow different rules.
Is it possible to apply for both PIO and Indian visa simultaneously. My problem is that my son born in US has to go to India in 60days. If I apply for PIO and if it will not come in 4 weeks is it possible to apply for Indian visa and then go to India on Indian visa ?
Thanks !
You can do that, if you are applying in Indian Consulates and not in Embassy in Washington DC.
1. Washington DC still requires ORIGINAL US PASSPORT (At least, they make it clear)
2. New York : Existing (valid) passport in original, along with a photocopy (Skeptical)
3. San Francisco : Existing valid passport in original, along with a photocopy (In the application form, it says for minors, send Photocopy of US Passport) (Still skeptical)
4. Chicago : The copies of first two and last two pages of foreign passport should be enclosed. (Nothing skeptical as in New York)
5. Houston : A notarised copy each of his/her birth certificate , his/her parent's latest Indian passports (either expired or not yet expired ) and his/her current US/Foreign passport and a copy of the parent's valid passport. (Guess nothing is skeptical)
Bottom line, for a US born minor, with the birth certificate + copy of US passport (notarized) are enough to give a PIO card. But the above offices of same agency follow different rules.
more...
ArkBird
03-10 08:22 PM
Contributed $100 towards Advocacy day Transaction # 3T1561722N075700Y
@indigowiki, You have impressive list of action items in your signature. How about adding one more for becoming donor on IV?
Lead by example! Let the people know you are serious about your IV efforts.
@indigowiki, You have impressive list of action items in your signature. How about adding one more for becoming donor on IV?
Lead by example! Let the people know you are serious about your IV efforts.
cygent
07-17 08:12 PM
Of course, My bad! They were the next 2 on my list, I have already printed out the letter and am filling it in right now! I have already sent letters to them in a previous campaign.
Thanks again for your due diligence!!
Thanks again for your due diligence!!
more...
mrajatish
05-12 09:38 AM
You just hit the nail hard on its head -
1. yes, our employers pay big bucks to keep us employed and guess what, that will pay for the USCIS work force to legalize the undocumented workers. Isn't it good to have 300,000 people paying 2000 dollars each every year to extend H1 - such a nice revenue stream, and a great business idea. Guess how many Ameican jobs it creates?
2. Oh btw, you keep paying SSN and Medicare like other educated workers and then if you are unlucky which a sizeable percentage is, you do not get a dime back. I hear a lot of SS going bankrupt etc., but hey, even in the worst case scenario, they talk about reducing SS, not abandoning it. So, you subsidize the older Americans but no one susidizes you when you are old.
I think some politicians actually like our problem, we will always do things legally and it is easy to screw us as we are documented - they know who we are. Some employers (not all) like it because it i a great way to tether someone for eternity in a particular job. It is a win-win situation for these politicians and employers.
But then there are other politicians who think of the long terms effects of taking advantage of legal immigrants, and they try to help our cause. And other employers who get scared that the best ad brightest will realize they have better opportunities else where and leave.
Let us see which camp wins.
1. yes, our employers pay big bucks to keep us employed and guess what, that will pay for the USCIS work force to legalize the undocumented workers. Isn't it good to have 300,000 people paying 2000 dollars each every year to extend H1 - such a nice revenue stream, and a great business idea. Guess how many Ameican jobs it creates?
2. Oh btw, you keep paying SSN and Medicare like other educated workers and then if you are unlucky which a sizeable percentage is, you do not get a dime back. I hear a lot of SS going bankrupt etc., but hey, even in the worst case scenario, they talk about reducing SS, not abandoning it. So, you subsidize the older Americans but no one susidizes you when you are old.
I think some politicians actually like our problem, we will always do things legally and it is easy to screw us as we are documented - they know who we are. Some employers (not all) like it because it i a great way to tether someone for eternity in a particular job. It is a win-win situation for these politicians and employers.
But then there are other politicians who think of the long terms effects of taking advantage of legal immigrants, and they try to help our cause. And other employers who get scared that the best ad brightest will realize they have better opportunities else where and leave.
Let us see which camp wins.
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eastindia
05-25 11:38 AM
I sent an email in my company to all people on H1B. Could everyone else do that.
more...
mhathi
10-05 10:39 AM
Great news! Fight and fight till we succeed!!
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gaz
04-20 12:15 PM
it may be so in some scenarios - but i'm not sure if thats the rule rather than the exception. but then again - i'm speaking from my limited experience in this area, which does not include a consultant position (have always been a full time employee), and could very well be wrong about how this works in the consulting world.
my intention is not to preach - just bringing up what i've been told and have read on IV regarding the letter and spirit of the law around filing - and that the OP should be aware of this before deciding on a course of action.
Sure. h-1b is now; labor is what you are going to do when greencard gets approved.
try telling a consultant who is qualified for eb2 that the job dictates it is eb3 and they won't sleep or eat -:).
Reality of the process and how it works is quite different. If you really wanted to pick on things; DOL assessment of education and experience dictate that all of the IT positions should not require more then bachelors and four years of experience (ever IT labor filed with eb2 requirements it to be answered that the job requirements are NOTnormal for the positoin.
If companies don't want to file eb2 then employee will not stay (they cannot fathom waiting 10 years for greencard).
Maybe people don't want to hear this but that is reality of the situation.
my intention is not to preach - just bringing up what i've been told and have read on IV regarding the letter and spirit of the law around filing - and that the OP should be aware of this before deciding on a course of action.
Sure. h-1b is now; labor is what you are going to do when greencard gets approved.
try telling a consultant who is qualified for eb2 that the job dictates it is eb3 and they won't sleep or eat -:).
Reality of the process and how it works is quite different. If you really wanted to pick on things; DOL assessment of education and experience dictate that all of the IT positions should not require more then bachelors and four years of experience (ever IT labor filed with eb2 requirements it to be answered that the job requirements are NOTnormal for the positoin.
If companies don't want to file eb2 then employee will not stay (they cannot fathom waiting 10 years for greencard).
Maybe people don't want to hear this but that is reality of the situation.
more...
svr_76
01-14 06:00 PM
`(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section
This ia a dangerous clause. So basically, an unlawfull alien residing in US for past 5 years gets change his status to PR, moreover he is not restricted by the per country limit he can go from filing I-485 to get a Visa number allotted to him practically overnight..and not having to wait like folks from India or China ....
I dont think this bills has anything favourable to legal immigrants... It better to apply as the other category ....
This ia a dangerous clause. So basically, an unlawfull alien residing in US for past 5 years gets change his status to PR, moreover he is not restricted by the per country limit he can go from filing I-485 to get a Visa number allotted to him practically overnight..and not having to wait like folks from India or China ....
I dont think this bills has anything favourable to legal immigrants... It better to apply as the other category ....
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jsb
08-05 09:29 AM
...
As far as talking about peers, I consider IV folks to be my peers too. ;)
As another member of Austria has pointed out, if something has to be in a regional language, as a courtesy, provide english translation as well. Talking about your peers: I am sure you don't communicate with your Chinese, Polish & American peers in your regional language.
As far as talking about peers, I consider IV folks to be my peers too. ;)
As another member of Austria has pointed out, if something has to be in a regional language, as a courtesy, provide english translation as well. Talking about your peers: I am sure you don't communicate with your Chinese, Polish & American peers in your regional language.
more...
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485Question
10-24 12:04 PM
Keep us posted.
Thanks
Thanks
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qplearn
10-10 04:04 PM
QT,
May be this is not a prediction thread. But the OP and some others are all about VB in another thread or two. While I personally dont have any issue with it, it just frustates me that people dont understand that VB is not going to do any magic for PD's in 2003 or later. C mon Lets be realistic. After doing all the math in so many threads, Does any one expect that the PD will be some where in the ending of 2003. Hell no. Then why is that we have a Dec Bulletin thread way back? Now some one is gonna come start a Jan prediction thread. Useless. I hate to comment on this but I hope people understand the difference between discussion as you said(which I personally agree) and useless predictions when they can make educated guess and do something else.
Actually, the analysis of numbers and the "math" that you refer to was also done on the prediction threads. So it wasn't really all that useless.
Also, if the skil bill passes, for many ppl, there will be magic bcuz their PDs will be current.
BTW, I am one of those others who are all over the prediction threads. I don't have a big problem with prediction threads. My PD is Dec 2004; so I do need some comic relief once in a while.
May be this is not a prediction thread. But the OP and some others are all about VB in another thread or two. While I personally dont have any issue with it, it just frustates me that people dont understand that VB is not going to do any magic for PD's in 2003 or later. C mon Lets be realistic. After doing all the math in so many threads, Does any one expect that the PD will be some where in the ending of 2003. Hell no. Then why is that we have a Dec Bulletin thread way back? Now some one is gonna come start a Jan prediction thread. Useless. I hate to comment on this but I hope people understand the difference between discussion as you said(which I personally agree) and useless predictions when they can make educated guess and do something else.
Actually, the analysis of numbers and the "math" that you refer to was also done on the prediction threads. So it wasn't really all that useless.
Also, if the skil bill passes, for many ppl, there will be magic bcuz their PDs will be current.
BTW, I am one of those others who are all over the prediction threads. I don't have a big problem with prediction threads. My PD is Dec 2004; so I do need some comic relief once in a while.
more...
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485Mbe4001
05-13 02:39 PM
After you wait for 7-8 years in your category for your visa your thougths will change. I have MS from an american university + work experience. Our lawyer decided to file EB3 in 2001, they convinced the company that EB3 is easier to get approved. i am still waiting for my GC, in the mean time i have gained a lot of experience, i am still an EB3 for USCIS. There are many in a similar position.
People talk about unethical practices etc. i feel that they ones who jumped the queue and used agressive lawyer already have their green cards. Most of my friends are already thinking about citizenship (and ROI after USC..that is a different forum :)).
Its people working in multinational companies who follow the law by the book are the ones who get screwed, its just my observation and opinion ..good or bad, i dont know...
When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
People talk about unethical practices etc. i feel that they ones who jumped the queue and used agressive lawyer already have their green cards. Most of my friends are already thinking about citizenship (and ROI after USC..that is a different forum :)).
Its people working in multinational companies who follow the law by the book are the ones who get screwed, its just my observation and opinion ..good or bad, i dont know...
When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
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windingroad
03-02 02:23 PM
Have we considered putting up ads in Indian/Chinese community
magazines like India Currents, Siliconeer ? It might work out to be
cheaper than online ads on Sulekha. I presume these magazines have
pretty good readership since most of them are distributed for free.
Also, it would give us good visibility if we could get one of these magazines
to do an article on EB retrogression and mention IV efforts as part of it.
magazines like India Currents, Siliconeer ? It might work out to be
cheaper than online ads on Sulekha. I presume these magazines have
pretty good readership since most of them are distributed for free.
Also, it would give us good visibility if we could get one of these magazines
to do an article on EB retrogression and mention IV efforts as part of it.
more...
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rockstart
07-31 01:02 PM
Does any one know how many visa# have been used for 2009 quota?.
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indio0617
06-19 10:35 AM
The dates came back to normal...What a relief!!!!!:) :) :) :)
You might want to change the thread heading, just to dispel some anxiety.
Thanks.
You might want to change the thread heading, just to dispel some anxiety.
Thanks.
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chanduv23
10-05 06:26 AM
i hear there will be a special dance performance by the chapter leader...not worth missing :D
You mean - leader of all the chapters? :D:D:D
Well - I heard that if there are more than 50 people - the manager arranges for belly dancers - more added incentive - check out the pics on the site
So, yes - make up your mind right now - don't miss this opportunity
You mean - leader of all the chapters? :D:D:D
Well - I heard that if there are more than 50 people - the manager arranges for belly dancers - more added incentive - check out the pics on the site
So, yes - make up your mind right now - don't miss this opportunity
nc14
09-22 04:16 PM
Let's give it our best shot folks. Please do this for yourself.
Called all, irrespective of support for this bill.
In Tamil, there is a proverb.
" Try to move the mountain by hair. If it succeeds , we moved the mountain.
If not , only .... ".
Keep calling friends. Just throw the stones. Don't worry about the results.
Called all, irrespective of support for this bill.
In Tamil, there is a proverb.
" Try to move the mountain by hair. If it succeeds , we moved the mountain.
If not , only .... ".
Keep calling friends. Just throw the stones. Don't worry about the results.
chi_shark
09-26 04:55 PM
llc and s-corp are same for the situation you brought up... however, you gotta be mindful of the "corporate veil"... http://en.wikipedia.org/wiki/Piercing_the_corporate_veil trap... which can affect any company llc or corp... dont worry, there is nothing bad in it... just make sure that you keep real good records and separate business operations from personal...
further i doubt that s-corp or corp is a promotion over llc as your post seems to suggest...
anyway... your choice is not bad... and neither is mine...
disclaimer: many experts dont consider wikipedia a reliable source of information.
the low risk lies in the fact that any adverse decision you may have to take ever (God forbid) like bankruptcy does not affect your own personal credit history and assets. I am not sure whether the same exists for corp or not. So I may be wrong regarding the low risk factor of LLC. But I always had the notion of starting any venture as an LLC and then moving on to a corp.
further i doubt that s-corp or corp is a promotion over llc as your post seems to suggest...
anyway... your choice is not bad... and neither is mine...
disclaimer: many experts dont consider wikipedia a reliable source of information.
the low risk lies in the fact that any adverse decision you may have to take ever (God forbid) like bankruptcy does not affect your own personal credit history and assets. I am not sure whether the same exists for corp or not. So I may be wrong regarding the low risk factor of LLC. But I always had the notion of starting any venture as an LLC and then moving on to a corp.
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