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  • chanukya
    02-06 10:37 AM
    Though they run for non-profit.

    So public schools Elem/Middle/High , still have to go thru nornal H1B process for teachers, have to wait for OCT1, start date.

    School is non-profit organization that is exempt from H1B quota. Correct me if I am wrong.

    You can get H1B at any time if school is exempt from H1B quota.

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  • mheggade
    07-17 01:25 PM
    i am with you. we should request that USCIS recapture unused visas!
    Guys , I think this issue has been discussed lot of times.
    1) USCIS do not allot immigrant visas, It is alloted by DOS.
    2) DOS needs a fix in the current EB laws to capture unused visa.
    3) I am not sure if we can push any change in law, given the current Iraq war quagmire.

    But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).

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  • RollingStone12
    04-24 11:26 AM
    There is no dearth of MORONs here. Here's another one. First Moron snathan asked me for website one may ask why? just because my handle was similar to somebody's.. Now this Moron RollingStone12 thinks i am PlainSpeak for reasons only moron can come up with and is asking for address. I doubt if he will be willing to 125 St Harlem.. but you never know he might just because he is a complete MORON... so I am scared to give out my address :p

    YOU two will make a greate MORON DUO

    Again you win....I dont have the capability to fight with a Slut...now go back to your hole, take a pill and sleep and come back as PlainSpeak.

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  • Macaca
    02-07 08:09 PM
    you have a PD only if you are in a pool that has a restriction on the number of GCs that can be issued in one year. if you are exempt, basically you don't have a PD. That is, it is always current. You do wait for them to finish processing your I-485 for which there will always be a processing date, which may or may not be current for you.

    Also, please don't give any such ideas to USCIS; they may like this particular idea :D
    I hope USCIS has your thought process. Your thought process means that there is something in SKILL for US MS. I used to think that SKILL is only for non US MS.

    Have you seen SKILL? Does it have anything for US Ph D and Post doc? You can have a US Ph D without US MS and you can be US post doc without US Phd? I wonder if they are SKILLed? Thanks.


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  • EkAurAaya
    11-01 07:04 PM
    Let us all have a rally to move back to our countries on 4July2008 to symbolically show that we want our Freedom and Independence and never return back.
    If all the articles about reverse brain drain we are reading about is true they would do something to solve this GC situation. Otherwise the anti-immigrants will come to see us off while we depart this country and never to return back as H1B's trying to get GC's and live here. This will go into history, 30yrs from now and our grandchildren will read about it. And may be we will get some special pension at our home countries for returning back and helping it to do better.

    Please take the poll to indicate if you would participate in this QUIT AMERICA MOVEMENT FOR OUR FREEDOM AND INDEPENDENCE

    I don't want to discourage you... but sorry i have to say this :D... I really hope you set an example by going back, but your blatantly obvious lack of intellectual acuity will not result in any brain drain... so the net result of you going back would be a simple one i.e one less in the line for GC ;) (not sure if you have dependents - actually not sure if you are waiting for GC)

    Good luck with your (perhaps short sited) future endeavors, do keep a log of your journey I will definitely read it :) start a blog... ;)

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  • mirage
    08-12 03:01 PM
    Guys we will not need to take the poll if all of us send these letters..

    To, 08/05/2008

    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,

    Dear Sir/Madam,

    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories

    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.

    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.

    God Bless America!

    Thank you for you attention,

    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Senator John Cornyn
    Chairman - United States Senate Judiciary Subcommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072


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  • darslee
    07-13 09:06 PM
    Good luck.....wishing you great success with this effort....cant wait for the feedback! :)

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  • anzerraja
    07-19 08:45 PM
    There is a funding drive in this other thread towards reimbursing Aman's expenses.


    Could you please pledge an amount ?

    No. It's not a typo. I had met Aman in a conference in December. He was talking about selling his house to contribute to IV (I really hope he didn't have to). But he has contributed a small fortune to this effort.


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  • RoseDenver
    07-18 12:00 PM

    I am new to IV and am just starting to read some of the blogs. I figured I could use some advice from you all since I'm at a point of giving up hopes. I am on H-1B visa through my employment at a university (as a Professional Research Assistant), but working at a non-profit organization (NPO) who funds a research project between the two entities. My H visa is reaching its max of 6 years in Jul 2008. The NPO would like to keep me beyond that and I've told them about the PR petition. THe problem is my position will be based on funding availability, in which they could guarantee employment until Mar 2008, and are working towards raising more funding beyond that period. Is the NPO still able to file a PR petition for me? What about the "ability to pay" which they use to hold back on pursuing the petition?

    Thank you all for your inputs.

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  • gc28262
    12-12 09:45 PM
    I would recommend two forms of IV.

    1. Free for all (an immigration help site)
    Should contain:
    Information that are helpful for others. (Similar to what IV forum does today)

    Should not contain:
    Any information about our activities or agendas.

    2. A private registered member only site.
    Members of different state chapters should be members of this site. Users cannot register themselves on this site. Only state chapter leaders can enroll members.

    Should contain:
    Information about our activities, agendas, fund drive etc. Members can freely voice their opinions without unwanted visitors ( anti-immigrants ) viewing them.

    This would drive up the state chapter enrollment, meanwhile IV will still be a popular site for people seeking help.


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  • tulips
    05-14 10:08 AM
    I think he is right..he is not preaching but just giving different perspective to it. Why do you want to be so desperate to be somewhere where you have to struggle so much just to maintain status. You cant buy a house..always worrying about your status..its not fun!
    Why are you being so hard to someone who is just telling you facts ..just because you are not ready to accept the reality?

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  • arunkotte
    07-27 05:40 PM
    I hope any of the accounting Guru's here help me answer this.
    I got an RFE for ability to pay. My current wage is 4000$ less than the prooffered wage. My company filed 1120S and there is no net income line on it, there is only a Ordinary Business Income (total income- Total deductions) line which has 6503$. Is Ordinary business income considered same as Net Income?

    My Lawyer is trying to include a cover letter arguing that Current wage + Net Income > Prooffered wage. Do you think "Ordinary Business Income" can be considered as "Net Income".



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  • number30
    04-28 12:43 PM
    With my very best wishes to those of you waiting for your GC, this thread is created for the lucky among us who received it recently. I am putting together a list of things to do, and not do, to maintain our freshly minted PR status, which should also help during future citizenship application. The list is mostly about little things that others have learned from experience (and I am learning from their experience, by reading in immigration-related forums such as IV). The more obvious things that can be found for example in USCIS handbook (http://www.uscis.gov/files/nativedocuments/M-618.pdf) are not included here. Below is a snapshot of what I have gleaned from Internet so far, and please add your own input(s):

    LIST of DO's :

    1. Carry the original PR card on your person at all times (e.g. in your wallet), keep photocopies in different places, and also store A# on your computers. Note: This is a contentious issue (do a google on "carry green card" and see for yourself), despite being required by law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Some people are naturally worried about losing wallet and the eventual hassle of replacing the lost card (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), whereas others, including me, prefer to follow the law, in case I am suddenly asked to produce evidence of my legal status (e.g. in some border states, or unforeseen events, such as being involved in an out-of-state car accident where showing my DL might just not be enough). Failure to comply may result in, at best a fine, and at worst detention for breaking a law. (See comments by InTheMoment below for additional perspectives.)

    2. Retain all original copies of USCIS documents related to your legal status during the entire period of stay in USA, and shred all photocopies (except when you have a photocopy but not its original).

    3. Retain all employment-related documents, particularly original copies of appointment letters.

    4. Retain copies of all tax return forms from the year of your first entry, or (at least) previous 10 years (you can request IRS (http://www.irs.gov/pub/irs-pdf/f4506.pdf), or your professional tax preparer, for any missing copy).

    5. Maintain a detailed log of USA exit/entry, including dates, POE and countries traveled, beginning with the day of first entry.

    6. Maintain a detailed list of all legal troubles, including minor traffic infractions such as speeding violations (ignore parking violations, because they do not constitute legal "detention"), going as far back as possible. Keep copies of all relevant court papers, traffic tickets, proof of any payment (e.g. scanned copies of personal checks used, credit card statements), and so on.

    7. Update your social security card (http://www.ssa.gov/online/ss-5.html) to remove any restrictive clause about work authorization printed on it. Note: AFAIK, the procedure changes nothing as far as your privileges go, and some of you may not even have such a clause on your SS card (I don't have it either).

    8. Return your I-94 cards to POE on your next trip outside USA, to "close the open files" on your past travels (I do not know what it means though). Note: AFAIK, this is also not required, and besides, you should have the chance to do this while applying for citizenship.

    9. Renew DL to get rid of the annoying "Temporary" word (in case you are in one of those states that do this).

    10. Update your status with your employer by filing new I-9 form (thanks to InTheMoment for this point).

    11. Continue to inform USCIS (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c1a94154d7b3d010VgnVCM10000048f3d6a1RCR D) about change of address within 10 days of moving, as before (thanks to seahawks for this point).

    12. Keep a list of current and past residential addresses, including dates of stay. Retain all leases/ownership documents.

    13. Remember the basics: Initiate your GC/passport renewal process at least 6 months before expiry/Intl travel (Thanks to pappu for this point.)

    14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)

    LIST of DONOT's :

    1. Do not sign up for voter registration card. In particular, never vote in national/state/local elections that are open only to citizens, because this is also a law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Even an accidental mistake (e.g. voting out of ignorance) is a serious offense, which would not only derail your future citizenship plan, but may even result in deportation.

    2. Do not develop a pattern of frequent and/or long absences from USA, unless you have taken prior permission for valid reasons (e.g., studying abroad, medical emergencies etc). Otherwise you may face trouble at POE on your next re-entry attempt, because DHS has become stricter in recent times about possible misuse of PR status, and POE folks are now trained to spot such patterns.

    3. Do not switch job soon after getting GC. This is one of the most discussed, but least understood, issues because no one seems to agree on "how soon is soon". The rule of thumb appears to be "6 months", and a safer bet is "1 year" (here is a thread (http://forums.immigration.com/showthread.php?t=154533) on another forum). This again relates to USCIS being increasingly sensitive to possible misuse of PR status, and this question will come up during your citizenship application process. (But, as InTheMoment points out below, the issue becomes moot if you invoke AC21.)

    4. Those of us who self-sponsored our GC via NIW or EB1A route are not bound by such employer-employee commitment, but you should continue working in "similar areas of expertise" that you claimed in your NIW/EB1A petition, and preferably on a longer time scale.

    Thanks to the folks below whose inputs keep the list growing.

    Stuck(no more)InTheMuck

    Just One more in DOs.

    File AR-11 whenever you move.

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  • glus
    03-26 03:35 PM
    I got 2 of them recently too. PD not current. Probably pre-processing the applications but not approving them due to PD not current :-(


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  • sweet_jungle
    02-11 05:29 PM
    I am with you. giveme the details

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  • maddipati1
    12-31 02:20 PM

    I think asking for increase in visa numbers works against us, especially in this economy. They may not be interested in removing per country quota too.

    But, we have a genuine and strong case regarding re-capture of wasted visas. The root of this evil (retrogression) is due to wasted visas in last 5/6 years. Its quite simple math, US didn't stop/reduce H1 visas who get into the GC pipe, but reduced the number of people going out of pipe, hence the congestion.

    Please make sure u highlight this one. This should be top most priority all the time.

    Dear Sir/Madam

    I have been in the country Legally on a student visa and then on a work visa for 10 years. I have been in line and have applied for a greencard 6 years ago and my application has been shuttled through various departments and agencies in a 4 step procedure and now being stalled for want of a number (An immigrant number) for a highly skilled immigrant. There are an estimated 1/2 million legal law abiding, tax paying individuals in a similar situation who need your attention. All of them are in the country on a work visa and are in line to recieve an employment based green card.

    The Employment based green card system is completely broken due to excessive delays and backlogs in petitions of nearly half a million highly skilled workers who are certified by US Government to be doing a job that no US citizen is willing, qualified or able to do. The delays in obtaining a permanent residency are due to 2 reasons: Numerical caps on employment-based green cards and processing delays in adjudication of files. Today the system takes anywhere between 6-12 years to grant Green cards to some of the best and brightest of the world who have chosen America as their future home.

    These future Americans are facing huge quality of life issues and their employers are facing difficulty in attracting more of the best and brightest of the world due to the broken system. The system prevents these workers from accepting promotions and switching jobs for the time-period it takes to process their files. By stagnating career growth and suffocating the creativity of the most innovative and technical minds of the world.
    The processing delays mock America�s respect for those who �play by the rules� and get in line. At the same time USCIS awards 10s of thousands of greencards to people every year outside of USA based on a pick or lottery.

    At the end of 2006, there were an estimated 200,000 employment-based principals waiting for labor certification, which is the first step in the U.S. immigration process. The number of pending I-140 applications, the second step of the immigration process, stood at 50,132. This was over seven times the number in 1996. The number of employment-based principals with approved I-140 applications and unfiled or pending I-485s, or the last step in the immigration process, was 309,823, a threefold increase from a decade earlier. Overall, there were 500,040 employment-based principals (in the three main employment visa categories of EB-1, EB-2, and EB-3) waiting for legal permanent residence. And the total including family members was 1,055,084.

    These numbers are particularly troubling when you consider there are only around 120,000 visas available for skilled immigrants in the EB-1, EB-2, and EB-3 categories. To make things worse, no more than 7 percent of the visas are allocated to immigrants from any one country. So immigrants from countries with large populations like India and China have the same number of visas available (8,400) as those from Iceland and Poland.

    At the same time, a debate rages about H-1B visas and this gets considerable press coverage. Companies such as Microsoft, Intel, and Oracle have been lobbying for visas to bring in skilled immigrants, but have focused on expanding the numbers of H-1B visas available. Why? Perhaps because workers on these visas are desirable, as they are less likely to leave their employers during the decade or more they are waiting for permanent residence.

    So we want skilled immigrants, but we want them to come on the right visas as permanent residents. The battles being fought are about bringing in more people with H-1B visas�not about those who are already here with them and stranded in �immigration limbo.�

    Unlike many of the problems facing the United States, this one isn�t hard to fix. All we have to do is to increase the number of visas offered to skilled workers in the EB-1, EB-2, and EB-3 categories from 120,000 to around 300,000 per year. And we need to remove the per-country limits. Instead of requiring graduates from top universities who receive jobs from American corporations to go through the tedious H-1B visa process, we should provide a direct path to permanent residence. We are now competing with the rest of the world for the best talent. We need to do all we can to attract and keep skilled immigrants, rather than bring them here temporarily, train them, and send them home.
    One more most important aspect is also to provide an oversight over USCIS. Presently, processing delays, lost paperwork, incourteous and bad customer service and above all a non-transparent system is what immigrants face. Why should legal tax paying immigrants wait in line patiently for half a decade and pay high fees to get lousy customer service and no accountability for fees?.

    Yours truely,
    Frustrated, law abiding, tax paying immigrant


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  • JazzByTheBay
    12-12 10:16 PM
    Excuse my cynicism, but that hasn't quite worked out with the crowd in question (so far... ), has it? :)

    Context: the highlighted part in your quote...


    We already have chapters as the first and foremost source of valuable information. Once someone becomes involved and committed, they will signup for monthly contributions themselves. If we have enough of that to guarantee a decent source of recurring income like 20 40 k or whatevr, I dont see the need to deprive some depressed soul surfing the net looking for some reassuring information from having to goto bed in peace.

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  • sam_hoosier
    11-26 04:04 PM
    After talking to my lawyer, I have decided to forego my H1B renewal and instead move to EAD. This allows me the flexibility to move to better roles with my current employer, as well as other employers.

    As has been mentioned on some other threads, the most common reasons for your I-485 denial (fraud, out of status, communicable disease, criminal or felon etc.) would probably also mean that you are ineligible for an H1B too. As long as you are confident that you do not fall into any of these categories, the risk is very minimal.

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  • krishnam70
    05-08 04:37 PM
    Finally I am a US citizen after being 10+ years in this country. This is one of my biggest fulfillments and it means everything to me. US is just not home anymore for me, it is my country.

    I wish everyone the best and hope they get GC very soon.

    Proud to be an indian-american and legal immigrant.

    Good Luck!

    A plain congrats and good luck will do I guess. We people have too much time to argue on everything :D


    07-11 05:06 PM
    Thanks for the mailing letter. I will forward the same message to my friends.


    09-24 02:29 AM
    Hey sc3, please don't go, I have another video for you. Here it is. This one is really good.


    Looks like you left for the day. Well, that's ok, I am sure we will bump into each other again, will continue our discussion at that time. Cheers buddy


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