myths and legends

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  • hinvin66
    04-09 02:08 AM
    4/8/09 - soft LUD today for self, spouse & child
    8/13/08 soft LUD after updating address and invoking AC21
    9/20/07 fist status on i_485





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  • i4u
    11-19 08:47 AM
    Anybody who has had a parent with diabetes and taken insurance? If there were any problems, did the insurance pay the costs? If possible can you also mention what problems came up during the stay.

    Thanks.





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  • sobers
    06-07 10:31 AM
    well said logiclife....you should write an op-ed somewhere using this info....

    And if you personalize this a it, you could do a powerful piece like Karen Rives from the Charlotte News & Observer.

    http://www.newsobserver.com/690/story/446687.html
    Our lives were in the hands of tired officers...

    Or like the two folks who wrote this piece in the Pittsburg Post Gazette

    http://www.post-gazette.com/pg/06157/695926-28.stm
    Private Sector: 'Legal immigration' doesn't work
    Our laws are convoluted and dysfunctional and need to be changed....





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  • msp1976
    02-11 12:39 PM
    There is some massive confusion here. The Immigration and Nationality Act also says the following for EB3

    -Quote
    (3) Skilled workers, professionals, and other workers
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
    -End Quote

    Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?

    We shouldn't assume that USCIS is too dumb to follow the law..
    Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..


    No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....



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  • santb1975
    06-01 09:53 AM
    Thanks to everyone who has participated and had been participating in Call Campaign Phases I and II. Here comes our next phase - Phase 3.

    For phase 3 of our campaign we need to call the Representatives listed below to seek support for bills HR 5882, HR 5921 & HR 6039 from republican congressmen/congresswomen in our area. This is a very critical Action Item and we at least need to make 300 phone calls to be heard. We only have six representatives to contact this time and We can do this.

    Please use the instructions provided below to make the phone calls.

    (1) Call the congressman/woman office and request to speak with the aide who handles Legislative and Immigration matters

    2) If they are not available leave a VM for them

    I would like Representative "Representative Name" to co sponsor bills
    HR 6039 & HR 5882, HR 5921. All the three bills have wide bipartisan
    support in the house and will help improve American competitiveness &
    reduce the back logs associated with USCIS. All these bills are non
    controversial measures that will help US to stay competitive with a
    highly educated and skilled work force

    (3) As usual Do NOT get into the CIR issue or illegal Immigration. If
    the aide is confusing with CIR or illegal immigration, just tell them
    that these are legal immigration bills.

    (4) If the aide asks whether you belong to the district or not, tell
    them NO if you don't. Mention to them that you already spoke with
    your representative and would like the congressman/congresswoman
    support.

    Here is the list of representatives to contact:

    Mary Bono – California 45'th District
    D.C Office Ph: 202-225-5330

    Brian Bilbray – California 50'th District
    Ph: 202-225-0508

    Ken Calvert – California 44'th District
    Ph: 202-225-1986

    Jerry Lewis – California 41'st District
    Ph: 202-225-5861

    John Campbell – California 48'th District
    Ph: 202-225-5611

    Gary Miller – California 42'nd District
    Ph: 202-225-3201

    This Campaign has been kicked off for the California IV Group a couple of days ago. A few members of Cal. IV have been in touch with the offices listed above past week. We need more people to make the
    calls and build momentum. Let us get going on this Action Item. Together, We can do this





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  • chanduv23
    02-01 12:54 PM
    When I am trying to reqruit someone from dice, I see resumes that are heavily bloated to an extent. I see similar resumes with names changed and some words changed both from same city, so maybe they are from same consulting company, i have to dig through in detail to figure out a good resume and finally the chances are that I may have gone through a bloated resume are high.

    One suggestion that is in above post is good, INS can releease skills associated with filing h1b petition and match with skills on resume.



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  • BEC_fog
    01-31 12:30 PM
    Just voted for both questions....they are no 6 and no 18 at this moment after sorting by most popular.





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  • vsrinir
    09-17 02:13 PM
    They are still discussing HR 6020 I guess



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  • abhijitp
    01-31 03:10 PM
    Just voted!





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  • reddog
    08-12 12:00 PM
    done. thx for the poll.



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  • pansworld
    12-03 10:03 PM
    It would be nice to have people donate and list down skills that they would be willing to contribute.

    I am not sure if its legal or not but various members can contribute their skills in exchange of donation to IV. This way members with skills are giving their time to IV and Members of the forum are getting sound advice/guidance/service for small contribution to IV. Examples can be many like CPA, Tax preparation, Doctors, career guidance, Online tutoring, Software consutlancy. I am sure all the members are "SKILLED" in various walks of life.





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  • h1b_alex
    03-29 03:35 AM
    @buddy thanks for this thoughtful insight, and i am also not looking forward to any transfers as i tried it with one employer who wanted to hire me but so late as it has been the procedure didn't get through.

    Well about him not closing down shutters i know it would be difficult to indict him to that level, but even for him to hire an attorney and fight to save his A** would be a greater achievement and moreover once i am back to my native, i will blacklist him as much as i can in the forums and in the immigration voice. I will make it sure he doesn't get any goat to butcher from my native land any further.

    All i am seeking here is that even if DOL launches a investigation and he loses his money over it during his trial and if everything goes well (as i am preparing every doc , every communication, every letter that he sent me to prove that these consultants are all looking for money no matter even if it comes in the form of someone's blood) my job would be done. Hopefully DOL will tighten some screws somewhere and maybe i can save one more like me to fall into the trap of this company.

    I would be constantly working to make sure if someone types his name , my reviews of his blacklist appears before his company website, i have done many SEOs for many companies and my friends i am capable of destroying him at least over the internet and i shall see to it that happens.

    Maybe he took a bigger fish than he could swallow this time.:-)



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  • msp1976
    02-06 04:36 PM
    I really don't understand here.
    Sorry to confuse you ..
    It is very difficult to make a prediction...The 7% country quota for china is satisfied already...So it could be this october
    The only chance that it happens is that visa overflow from other categories into EB2China/India...For that to happen..Eb3 world has to become current.....
    That would mean that more visa are available than can be used for Rest of world...Then CHINA/India would get some more than 7% country quota....

    So it could be Oct 07 or if you are lucky... earlier....

    If immigration reform happens..you would definately become current immedialtely...





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  • ryan
    04-22 10:14 AM
    This is truly unfair where country of birth determined who gets an 'Employment' based greencard before someone else. It can only be fixed by eliminating per-country limits.

    Yes it is unfair in some ways. Couple of my very close friends (who are also colleagues) --one is of Lebanese Origin, raised in Dubai, and the other, Taiwanese Origin, raised in Uruguay. They are in similar Finance positions as I (though I am a step senior) had the entire process, from the PERM, to card delivery, completed in 11 and 7 months, respectively. Whilst I am waiting the last 5+ years. It can get you down at times, and feels like living in a constant state of "temporariness". However life does go on :)



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  • pansworld
    12-02 01:01 AM
    I do not intend to question IV and its members who are pretty diligent about things, are entirely trustworthy and neither have they given us any reason to think otherwise. IMHO the monthly thing does not work. Some people cannot afford monthly payments due to other commitments (some are less fortunate than others). They may opt for one time payments rather than monthly payments.

    I think what we need is target oriented funding drives. For example:

    What are the objectives for the lobbying effort this year and consequently how much money do we need for lobbying efforts? $100,000, $200,000 or $500,000

    By putting collection targets up front we can direct our energies towards that target. I know that every cent counts and every dollar will be beneficial. But if we don't know and don't communicate what our target is we can never focus on the goal. A monetary target for a clear objective is something many people can relate to and a one time payment is more attractive than monthly payments.

    Cheers





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  • Robert Kumar
    04-19 05:26 PM
    Actually I know someone who got it even faster.

    This Pakistani guy came to the US in 2004 fresh off boat to do Masters. Completed Masters by mid 2005, immediately landed job at MS, they started his GC immediately in EB2 ROW and by end of 2005 he had GC in hand. It was ridiculous.

    How many days is it taking for labor to clear these days.



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  • StuckInTheMuck
    04-27 08:04 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. Here is another thread (http://immigrationvoice.org/forum/showthread.php?t=20610) that discusses this point further. 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. AFAIK, this may be more relevant to those who applied for GC via special registration (NSEER) (http://www.ice.gov/pi/specialregistration/), and probably does not matter to others.

    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 notify 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. (Invoking AC21 while GC was pending makes the issue somewhat different (http://www.murthy.com/485faq.html#13).)

    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.

    [This is an evolving list thanks to valuable inputs from folks here and elsewhere, so keep checking back.]

    Cheers,
    Stuck(no more)InTheMuck





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  • senthil1
    06-11 09:13 AM
    I think it should have minimal or no impact on your GC process. Somehow you can get gc. But what is the impact of case in your personal life that is more important. If you have an asset or money those are under risk. But if you have very less savings what they are going to achive by sueing you. Also did you have Insurance? Then they might put you and your Insurance company in lawsuit. Then your Insurance company may fight for you. If they win the case and court ask you to pay 1 million dollars then you can file bankruptsy protection and come out if you have very less money. Fighting is always better option than giving up. But again it is individual's decision. As you have option of going to India. But no such option for Americans


    Hi Gurus,

    I need an advice from you.

    The situation:
    -- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)

    -- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.

    So what are my options now?

    1. Check with attorney and start defending..?
    2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
    3. What about my GC?

    Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..

    Thx,
    PD is Nov 2006.





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  • arupkumarsaha
    02-01 12:58 PM
    Wondering why USA citizens does not learn ERP/CRM applications when there is such high demand in these fields . Any thoughts ? May be they are pure lazy ? May be they think that if they are kind enough to study BS/MS that automatically entitles them to such jobs and they need not to put up any extra mental effort to learn some functional stuff .





    malaGCPahije
    08-12 02:33 PM
    Steady march!, not fast march!! ;) I am very hopeful of the dates moving past mid 2002 for FY 2009. (which is about 8 months movement from now, and I think that is very possible).


    I am thinking we have about 5-6% representation for the earlier years on this poll? What is everyone's estimate on the representation??

    abt 5%. I think people from 2001/02/03 must have got so much frustrated that very few of them even check the visa dates, forget about checking IV regularly.





    GCwaitforever
    07-21 05:02 AM
    I second this. The speculation layer has to go away and only real gains made in housing should be visible. You might as well buy a house on foreclosure if you wait longer.