unseenguy
07-04 11:17 PM
You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?
I don't think that the rules are unfair. If both parents are Indian citizens, then the child is eligible for primary citizenship of India. Hence how can he be allowed to take OCI when he infact can get primary citizenship? Also the rules are created with rules for all countries in mind not just USA and also they are intended to protect those who lived in India, paid taxes in India and these rules are to protect interests of children born in India.
I live in US with my wife, we dont have any kids and yes I am in race for GC. But I also know a few couples who applied for US passport for their kids, went back to India, got their kids educated at Indian Citizen's fee schedule in general quota and then sent their kids to US back with citizenship of US.
So..... didnt this put Indian kids born in India at disadvantage?
I don't think that the rules are unfair. If both parents are Indian citizens, then the child is eligible for primary citizenship of India. Hence how can he be allowed to take OCI when he infact can get primary citizenship? Also the rules are created with rules for all countries in mind not just USA and also they are intended to protect those who lived in India, paid taxes in India and these rules are to protect interests of children born in India.
I live in US with my wife, we dont have any kids and yes I am in race for GC. But I also know a few couples who applied for US passport for their kids, went back to India, got their kids educated at Indian Citizen's fee schedule in general quota and then sent their kids to US back with citizenship of US.
So..... didnt this put Indian kids born in India at disadvantage?
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pitha
07-20 04:42 PM
there are class war democrats, what do you expect out of them. People who think democrats are good for immigrants this should be an eye opener. ofcourse if you were earning 5.15$ an hour and cleaning the democrats toilets and tending there front yards then they would have shown "compassion" to you. you earn way too much to get democrats compassion.
I can't believe both California senators voted against it.....
You too Hillary Clinton????
I can't believe both California senators voted against it.....
You too Hillary Clinton????
hpandey
05-02 11:17 AM
Two of my friends relocated to India since the beginning of this year after spending 8-9 years and they had green cards too from 2004.
These guys had good jobs with a good pay but options in India were just much better to ignore.
Just food for thought for people who think that only in US can we make or break our life and careers. There are other places on Earth too where people live and be happy.
These guys had good jobs with a good pay but options in India were just much better to ignore.
Just food for thought for people who think that only in US can we make or break our life and careers. There are other places on Earth too where people live and be happy.
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addsf345
06-30 02:15 PM
Even though Freedom_fighter's intentions are right, the intelligence is too low. Did he/she suddenly wake up and think 'WOW, I HAVE AN IDEA THAT WILL CHANGE THE WORLD. 600 million legal immigrants have not thought of this but I did?????".
The judge will dismiss such a case at the start by saying "please produce the culprit who put a gun to your head and told you to come to this country".
still something is wrong. USA does not descriminate based on country of birth, in this case there is a punishment for being born in india.
The judge will dismiss such a case at the start by saying "please produce the culprit who put a gun to your head and told you to come to this country".
still something is wrong. USA does not descriminate based on country of birth, in this case there is a punishment for being born in india.
more...
learning01
04-26 07:10 AM
Two days back I searched "Immigration Voice" and "immigrationvoice.org", it gave no results. As I posted in this thread (http://immigrationvoice.org/forum/showthread.php?p=9527#post9527) here on IV, I suggested that we should modify the meta tags of IV site and expose them to search engines.
While I am awaiting those changes, I did the same search again at Google. The first 2 results are for immigrationvoice.org
This is indeed a transformation.
Search Google for Immigration Voice (http://www.google.com/search?sourceid=gmail&q=%22Immigration%20Voice%22)
Search Google for immigrationvoice.org (http://www.google.com/search?hl=en&lr=&q=immigrationvoice.org&btnG=Search)
Readers, click each of the above links and see the results for yourselves (and improve the search rank, by clicking)
While I am awaiting those changes, I did the same search again at Google. The first 2 results are for immigrationvoice.org
This is indeed a transformation.
Search Google for Immigration Voice (http://www.google.com/search?sourceid=gmail&q=%22Immigration%20Voice%22)
Search Google for immigrationvoice.org (http://www.google.com/search?hl=en&lr=&q=immigrationvoice.org&btnG=Search)
Readers, click each of the above links and see the results for yourselves (and improve the search rank, by clicking)
mallu
06-15 08:30 PM
We are being squeezed all along the way... Did you notice I140 retrogression? Think about those who got stuck at labor, then 140, then I485, then name check...
Did you hear that they were trying to eliminate AC21? So what's the benefit of filing I485 considering all the backlogs? Without AC21, you still have to start all over again should you lose your job.
Pure stupidity on those bueracrats!
Some employers are having merry time. "Dedicated" employees working for N number of years without any major promotion ( also i have seen employers in dilemma because cannot promote employee to a mangerial position ).
Did you hear that they were trying to eliminate AC21? So what's the benefit of filing I485 considering all the backlogs? Without AC21, you still have to start all over again should you lose your job.
Pure stupidity on those bueracrats!
Some employers are having merry time. "Dedicated" employees working for N number of years without any major promotion ( also i have seen employers in dilemma because cannot promote employee to a mangerial position ).
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kshitijnt
10-07 02:46 PM
Dont expect much until March anyway. Until then relax, enjoy , take looong vacation and have fun :)
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mps
07-08 02:11 PM
I am in a similar situation , though not exactly the same. In my case I was laid off and my company is going to revoke the I-140 because the position is not there any more. I pleaded them not revoke the I-140 but they said they have to withdraw it as they do not want any liability. My company has about 30,000 employees. I also have the same question as to how I should avoid NOID or denial.
I have seen lot of people switch using AC21 but most of their employers do not revoke I-140. I have yet to see cases where a person's I-140 was actually revoked after 180 days and they were still safe and got their GC approved.
One of my co-worker was in same boat. His desi employer revoked his I-140 when he took fulltime employement in 2005. He got his GC finally.
I have seen lot of people switch using AC21 but most of their employers do not revoke I-140. I have yet to see cases where a person's I-140 was actually revoked after 180 days and they were still safe and got their GC approved.
One of my co-worker was in same boat. His desi employer revoked his I-140 when he took fulltime employement in 2005. He got his GC finally.
more...
anil_gc
10-27 07:29 AM
I also think TSC online update is out of sync, I received my AP without any update
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senthil1
05-24 09:00 AM
Compare passing of bill with statusquo. Which is better?
Main changes are legalization of illegal immigration , point system,H1b increase with restriction and slight increase of immigration and reduction of family based immigration. If any of these need big changes bill is in trouble and CIR is years away. If no CIR no relief for legal also. This bill with minor amendment is much better than statsuquo
Yep!! This bill is really bad.
It bleeds us dry.
It bleeds the H1B program dry.
It is evident that the proponents of this bill want it that way.
Apparently the proponents see us as negative impactors to the US economy
Apparently the proponents see the business community that use the H1B program as not "Pro-American".
This is the beginning of protectionism.
This is the beginning of isolationism.
This is the beginning of blunting of America's competitiveness.
The proponents of this bill must go back to school to study rich European nations and find out why they do not have vibrant economy like US has.
And the proponents of this bill must go back to school to know what makes US unique and vibrant.
After this if they still remain proponents, then GOD SAVE US!!!!!
Main changes are legalization of illegal immigration , point system,H1b increase with restriction and slight increase of immigration and reduction of family based immigration. If any of these need big changes bill is in trouble and CIR is years away. If no CIR no relief for legal also. This bill with minor amendment is much better than statsuquo
Yep!! This bill is really bad.
It bleeds us dry.
It bleeds the H1B program dry.
It is evident that the proponents of this bill want it that way.
Apparently the proponents see us as negative impactors to the US economy
Apparently the proponents see the business community that use the H1B program as not "Pro-American".
This is the beginning of protectionism.
This is the beginning of isolationism.
This is the beginning of blunting of America's competitiveness.
The proponents of this bill must go back to school to study rich European nations and find out why they do not have vibrant economy like US has.
And the proponents of this bill must go back to school to know what makes US unique and vibrant.
After this if they still remain proponents, then GOD SAVE US!!!!!
more...
franklin
06-13 10:11 PM
Hey bkarnik,
As the report said that there is a possibility that there will be a loss of 40k visas. My question to you is What will be the I485 processing date in the Visa Bulletin if we assume that 40k visas are not loss by the agency. You guess estimate is also fine.
I don't think it will make a huge amount of difference. The visa loss is due to lack of manpower in processing applications. Now there will be even more applications and presumably no extra hands to approve them.
As the report said that there is a possibility that there will be a loss of 40k visas. My question to you is What will be the I485 processing date in the Visa Bulletin if we assume that 40k visas are not loss by the agency. You guess estimate is also fine.
I don't think it will make a huge amount of difference. The visa loss is due to lack of manpower in processing applications. Now there will be even more applications and presumably no extra hands to approve them.
hot is somewhat similar but it
imh1b
04-20 10:32 AM
================================
Hi all!
Please visit this link !
Comprehensive immigration reform probably doomed - Yahoo! News (http://news.yahoo.com/s/ap/us_obama_immigration)
THis is precisely what I had said yesterday! The issues HAS and WILL be kept alive, FOREVER!
In a way it is good because, now we can plead with both parties to think of LEGAL WORKERS like us!
If this ends the "hostage drama" by the "illegals" we should be more than happy!
What next???
Thank you!!!
So you think we can only Plead? I agree.
What special do we have to offer that makes us important than CIR?
Ask yourself
Votes: no
Contribution: no
How many of our employers are pleading for us?
How many citizens are pleading for us?
If you say we are paing taxes so we should get greencard. That does not make sense. We are using roads, hospitals, infrastucture of this country and we pay taxes as long we live here.
If you say we invent new things, start Google etc then these people qualify for EB1 and it is always current.
If you say we have USA masters then we can apply in EB2. EB2 will get current next year or its wait time is going to decrease and will be 2 years max. So 2 years or less is a reasonable processing time within a 6 year H1B processing time.
I am playing devils advocate here and trying to tell you to think beyond pleading. We did not come to this country to plead. Once you start thinking negative there are many negatives as I have written above and you will go in depression.
Who is stopping you from Meeting lawmakers? Have you done that?
Who is stopping you from contacting media? Have you done that?
Who is stopping you from contacting your CEO of the company and ask for help? Have you done that.
Who is stopping you from contacting organizations of Indian American citizens and ask for help?
Who is stopping you to do rallies everymonth on weekend in every state. Why are we not doing it if we are so depressed with Greencard.
Who is stopping you from contributing to IV?
Who is stopping us from doing lobby days in DC once every month?
Why can't we do. I have tried to do at least one item in this list. If we all at least pick one item, it will be enough.
Hi all!
Please visit this link !
Comprehensive immigration reform probably doomed - Yahoo! News (http://news.yahoo.com/s/ap/us_obama_immigration)
THis is precisely what I had said yesterday! The issues HAS and WILL be kept alive, FOREVER!
In a way it is good because, now we can plead with both parties to think of LEGAL WORKERS like us!
If this ends the "hostage drama" by the "illegals" we should be more than happy!
What next???
Thank you!!!
So you think we can only Plead? I agree.
What special do we have to offer that makes us important than CIR?
Ask yourself
Votes: no
Contribution: no
How many of our employers are pleading for us?
How many citizens are pleading for us?
If you say we are paing taxes so we should get greencard. That does not make sense. We are using roads, hospitals, infrastucture of this country and we pay taxes as long we live here.
If you say we invent new things, start Google etc then these people qualify for EB1 and it is always current.
If you say we have USA masters then we can apply in EB2. EB2 will get current next year or its wait time is going to decrease and will be 2 years max. So 2 years or less is a reasonable processing time within a 6 year H1B processing time.
I am playing devils advocate here and trying to tell you to think beyond pleading. We did not come to this country to plead. Once you start thinking negative there are many negatives as I have written above and you will go in depression.
Who is stopping you from Meeting lawmakers? Have you done that?
Who is stopping you from contacting media? Have you done that?
Who is stopping you from contacting your CEO of the company and ask for help? Have you done that.
Who is stopping you from contacting organizations of Indian American citizens and ask for help?
Who is stopping you to do rallies everymonth on weekend in every state. Why are we not doing it if we are so depressed with Greencard.
Who is stopping you from contributing to IV?
Who is stopping us from doing lobby days in DC once every month?
Why can't we do. I have tried to do at least one item in this list. If we all at least pick one item, it will be enough.
more...
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sirinme
07-17 10:48 PM
I mailed letters to the following today.
Sen. Dianne Feinstein
Sen. Barbara Boxer
Rep. Zoe Lofgren
Sen. Dianne Feinstein
Sen. Barbara Boxer
Rep. Zoe Lofgren
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gcseeker2002
12-06 11:58 AM
I was at USCIS this morning, followed every thing you suggested. My IO officer was actually a desi guy.
1) They completely refused to look at the received date, I had my EAD (765) receipt, but the IO said he only cares about the receipt date. I even has the print out from USCIS.gov in which they have mentioned that they will honor the date on which applications were received in the mail room but he did not budge. His argument was " That update is in the over all scheme of things, but for EAD they have specific instruction to follow only the date they entered the data in the system"
2) I was not allowed to see a supervisor, the IO did talk to the supervisor but did not let me see her.
I am probably waiting for the longest here for EAD, my app received on July 2nd at NCS. Called numerous times, sent form 7001, emailed senators twice, 3 infopass appointments, still no progress. I submitted expedite request based on humanitarian grounds last week, have been calling daily to check status of expedite and still remains pending. My case now pending about 157 days. Anything more that I need to do ?
1) They completely refused to look at the received date, I had my EAD (765) receipt, but the IO said he only cares about the receipt date. I even has the print out from USCIS.gov in which they have mentioned that they will honor the date on which applications were received in the mail room but he did not budge. His argument was " That update is in the over all scheme of things, but for EAD they have specific instruction to follow only the date they entered the data in the system"
2) I was not allowed to see a supervisor, the IO did talk to the supervisor but did not let me see her.
I am probably waiting for the longest here for EAD, my app received on July 2nd at NCS. Called numerous times, sent form 7001, emailed senators twice, 3 infopass appointments, still no progress. I submitted expedite request based on humanitarian grounds last week, have been calling daily to check status of expedite and still remains pending. My case now pending about 157 days. Anything more that I need to do ?
more...
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Macaca
09-22 02:55 PM
Seek
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Stephen Covey
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caydee
05-28 04:51 PM
I am amazed by the effect the writer has had on stuckinmuck. More amazing is the fact that the writer validates his own point by claiming that he is with HR. Wonder how many real HR professionals reveal their company secrets.
Hi,
........... My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Hi,
........... My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
more...
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saileshdude
07-04 05:43 PM
You will not have any problems since you already submitted AC21 documents (keep certified mail receipt with you).....so whatever your attorney said, it is correct....you don't need to worry.....even your employer withdraws your I-140 it won't be having any problem.....it happened in my case....I have sent AC21 docs....after that employer withdraws I-140.....but nothing happened to I-140
"Ability to pay issue" is right in employer's view.....he can able show the ability for one more application if he withdraws your application.....
How did you find your file was not updated AC21 docs..... better way is go to local USCIS and asked your attorney name whether it is the changed one or previous one if you have changed them.....call I800 and asked them few details like attorney name and company name etc..... see some times they won't reveal any info....you have to find out the way to get right answer (like tell them old attorney's name and say didn't get any updated information about your case etc)....
I am in the same boat and my employer has decided that they will revoke I-140 no matter what. Can you tell me how did you find out that your employer revoked your I-140. Maybe he/they did not. But my firm is really big and they go by the rules. So I just want to know whenever employer sends the revocation, does USCIS always revoke or it is upto their discretion whether or not to revoke. Problem is I do not have a job yet so I cannot even file for AC21.
"Ability to pay issue" is right in employer's view.....he can able show the ability for one more application if he withdraws your application.....
How did you find your file was not updated AC21 docs..... better way is go to local USCIS and asked your attorney name whether it is the changed one or previous one if you have changed them.....call I800 and asked them few details like attorney name and company name etc..... see some times they won't reveal any info....you have to find out the way to get right answer (like tell them old attorney's name and say didn't get any updated information about your case etc)....
I am in the same boat and my employer has decided that they will revoke I-140 no matter what. Can you tell me how did you find out that your employer revoked your I-140. Maybe he/they did not. But my firm is really big and they go by the rules. So I just want to know whenever employer sends the revocation, does USCIS always revoke or it is upto their discretion whether or not to revoke. Problem is I do not have a job yet so I cannot even file for AC21.
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BharatPremi
11-08 05:01 PM
Hey, I'm about as Anglo Saxon as you get, and I wish all Hindus here and their families a happy Diwali. I also sent a Diwali card to a friend earlier this week.
Just a matter of respect for others and their cultures.
There is a point that we are viewed (incorrectly) as an Indian group.
However, let's not ban Diwali, or Christmas, or any other celebrations.
I don't think it is very popular when ACLU sues local governments that put up certain Christmas decorations.
Happy Diwali to you and your family as well. And Happy Christmas to you and your family as well (In Advance).:)
Just a matter of respect for others and their cultures.
There is a point that we are viewed (incorrectly) as an Indian group.
However, let's not ban Diwali, or Christmas, or any other celebrations.
I don't think it is very popular when ACLU sues local governments that put up certain Christmas decorations.
Happy Diwali to you and your family as well. And Happy Christmas to you and your family as well (In Advance).:)
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bigboy007
05-28 02:48 PM
CAdude , Your efforts greatly appreciated. But how come 100,000 Applicants are being applied again for New merit system ? Is it becoz they are looking for all current Labor petetions being not approved ? as current legislation says I140's pending or approved as of May 21 2007 continue in current system . Please advice.
walking_dude
08-15 10:51 AM
I have added a poll to the thread to make it easier to determine how many IV members are impacted and are ready to participate in a campaign to fix the issue.
Macaca
06-17 10:15 AM
The Ombudsman agrees with the assessment of many case workers and supervisors at USCIS field offices and service centers that the FBI name check process has limited value to public safety or national security, especially because in almost every case the applicant is in the United States during the name check process, living or working without restriction.
The Ombudsman recommended in the 2006 Annual Report (at p. 25) that the FBI name check process be re-examined. Delays in the name check process actually prolong an individual’s presence in the United States while the check is pending. In this sense, the current USCIS name check policy may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country.
Name checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a State Sponsor of Terrorism, or is a member of the U.S. military. Many individuals subject to lengthy name checks are either already green card holders or have been issued Employment Authorization Documents (EADs). These documents allow them to receive Social Security cards and state drivers’ licenses. Most green card applicants are also eligible to receive advance parole enabling them to travel outside the United States and return as long as their cases are pending, which can be for many years under the current process. (page 43)
As Dawn Lurie, a Vienna immigration lawyer, put it: "If there's a security reason [for the delay], then what are those people still doing here? . . . And if there isn't a security reason, then why are we making them wait for so long?" (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
FBI name checks disclose information to USCIS that is otherwise not available. Information contained in 39 [percent] of the FBI positive responses (letterhead memoranda) received in FY 06 was not contained in IBIS/TECS, USCIS’ primary background check tool. . ..
Use of the 39 percent positive response rate as referenced by USCIS to justify continuing this program may exaggerate the value of the FBI name check. It is unclear how many of the FBI name check “responses” also were revealed by one or more of the other security checks conducted for the applications. To date, the Ombudsman has been unable to ascertain from USCIS the total number of actual problem cases that the agency discovered exclusively as a result of the FBI name check. The Ombudsman understands that most, if not all, of the problem cases which would result in an eventual denial of benefits also can be revealed by the other more efficient, automated criminal and security checks that USCIS initiates.
While USCIS declined to provide the number or percentage of annual name checks that result in denials, the FBI has reported that less than 1 percent of 1.5 million names are ultimately tied to potentially damaging information.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
The Ombudsman recommended in the 2006 Annual Report (at p. 25) that the FBI name check process be re-examined. Delays in the name check process actually prolong an individual’s presence in the United States while the check is pending. In this sense, the current USCIS name check policy may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country.
Name checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a State Sponsor of Terrorism, or is a member of the U.S. military. Many individuals subject to lengthy name checks are either already green card holders or have been issued Employment Authorization Documents (EADs). These documents allow them to receive Social Security cards and state drivers’ licenses. Most green card applicants are also eligible to receive advance parole enabling them to travel outside the United States and return as long as their cases are pending, which can be for many years under the current process. (page 43)
As Dawn Lurie, a Vienna immigration lawyer, put it: "If there's a security reason [for the delay], then what are those people still doing here? . . . And if there isn't a security reason, then why are we making them wait for so long?" (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
FBI name checks disclose information to USCIS that is otherwise not available. Information contained in 39 [percent] of the FBI positive responses (letterhead memoranda) received in FY 06 was not contained in IBIS/TECS, USCIS’ primary background check tool. . ..
Use of the 39 percent positive response rate as referenced by USCIS to justify continuing this program may exaggerate the value of the FBI name check. It is unclear how many of the FBI name check “responses” also were revealed by one or more of the other security checks conducted for the applications. To date, the Ombudsman has been unable to ascertain from USCIS the total number of actual problem cases that the agency discovered exclusively as a result of the FBI name check. The Ombudsman understands that most, if not all, of the problem cases which would result in an eventual denial of benefits also can be revealed by the other more efficient, automated criminal and security checks that USCIS initiates.
While USCIS declined to provide the number or percentage of annual name checks that result in denials, the FBI has reported that less than 1 percent of 1.5 million names are ultimately tied to potentially damaging information.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
