Tuesday, June 14, 2011

Jeepers Creepers 3

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  • prioritydate
    07-11 10:51 AM
    I was hoping to get a 2 year EAD, but I am wrong now. Make the VB current, issue 1 year EAD and then retrogress. What a brain!!!




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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa


    Solutions

    Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows

    �(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,

    (A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
    (B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �

    This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.

    In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.

    If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.

    Removal of Child Status Protection Act of 2002 (CSPA), section 8

    Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.

    Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.

    Dream Act

    This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.

    E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007

    We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).




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  • conundrum
    04-30 03:13 PM
    The member from Chicago is mainly concerned about the family based limits. He wants to know what the limit is or if there is a cap in the first place




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  • gsc999
    03-17 09:33 PM
    All tax payers are eligible(atleast mostly)

    folks like Bayarea07 are plain and stupid
    --
    Lets not be so harsh. Bayarea07, thought he had a valid concern, although it is not true.

    Did anybody notice this in the IRS communication that was sent out to taxpayers:

    For taxpyers, the amount of money will be "reduced" or " completely phased out" for individuals making adjusted gross income or more than $75K ( or more than $150 if married and filing jointly).

    How about that?



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  • vram
    08-26 02:49 PM
    I am not sure thats correct.

    Per IRS regulation Section 163 (C), as well as Publication 936, interest paid on primary and secondary residences up to an aggregate one million dollars in loan amount is tax deductible. The IRS regulation does not specify that the home must be located in the United States, and thus it seems logical that interest paid on a home loan on property in India is in fact deductible
    (please consult your tax advisor for applicability to your specific tax situation).

    You can quote any IRS publication/regulation, which is issued bt IRS with the assumption that the Lender issues a 1040 to you and simultaneously notifies the IRS the intrerst earned by the Lender from your Mortgage .

    And the point is how do you show the intrest paid on the Mortgage if the International Lender does not issue a 1040. Any attachment/print out you provide showing the intrest you paid is not suffice as long as the IRS does not know that intrest was not accrued in their File. Since International Banks dont register their intrest earned with IRS.

    All I mean to say is, it is a Closed loop sytem where the Lender registers his intrest earned with IRS and sends a 1040 to you so that you can claim the tax exemption based on your intrest paid

    I am 100% confident that.




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  • gondalguru
    07-24 11:19 AM
    I don't think what u wrote is possible.

    what is yoru priority date?

    Do u have an older PD or Is it Sept 2006 EB-3 india then how can u file for I-485 in June 2007 when your PD was not current??

    I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.

    I applied for PERM in Sep 2006 - EB3 - India.
    I got approved for PERM in Mar 2007.

    I applied for I-140 and I-485 concurrently in Jun 2007.
    I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.

    Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.

    Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).

    So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)



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  • santb1975
    05-28 09:52 AM
    we are losing momentum. Aren't we?




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  • chanduv23
    05-14 12:21 PM
    There are plans on IVs agenda to see if we can collectively help ourselves on these issues.

    I recommend all members to use every channel you get to fix issues like these.

    We are entitled for a fair process and we must make sure every application is treated in a fair manner.

    Folks - anyone can face these issues.

    If you have any case problems, please contact the Ombudsman, contact your law makers. Let everyone be aware of these issues.



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  • icedgin
    07-30 01:38 AM
    Angel,
    Good to hear that you are a Kabayan!I am currently in Marikina City.My wife is also calling friends and colleagues to contact Senators and Congressmen.I also had my sister(teacher) and cousins (nurses) contact theirs too even way back in Nov 06 when SKIL was being pushed in the new Congress. It is almost a year and at the latest the SChumer/hutchison amendment was withdrawn. I really hope something does pass for Sched A this year.

    How come you did not accompany your wife when she went Stateside?




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  • heywhat
    07-21 03:59 PM
    Do not want to scare anyone but after checking other sites and calculation it seems that BEC for 485 is not too far away...



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  • pbojja
    09-11 05:17 PM
    What we are expecting after this calc. camp ? I dont think so they will revise bulletin nor they will give single extra visa above 140k. I think we should focus on HR 5882 .. We should send something to lawmakers.

    Just a thought.

    I think they will improve the communication between USCIS and DOL . Dont you think it unjustice for 2003-2005 PD holders when they move dates to 2006 and approve 2006 cases ? cant they just move it to 2005 and say approve as many cases as possible for them ? why approve 2006 cases .

    Yes focus on HR 5882 is very important but nothing wrong with this campign either ....Just my thoughts




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  • newbie2020
    04-30 04:17 PM
    Yes it is legal to upload it, Since it is a public domain file. (Judiciary committee/USCIS may also make it available to public for review)



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  • h1techSlave
    03-13 10:00 AM
    Is the min contribution required, $25 per month or $25 for 12 months?

    Pappu,

    I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.

    Rethink!




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  • greyhair
    08-12 11:13 AM
    Why is the senator backtracking from "chop shop" comment ? Here is why

    Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)

    What difference does it make? Whatever he calls it, the law still means the same. Indian companies should know better than that. I mean if this is their best defense then god help consulting companies.



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  • mirage
    08-21 08:03 AM
    Guys Please send this out. It'll take 20 minutes and less than $2 of postage stamps...
    ------------------------------------------------------------------------
    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,
    OK-2#####

    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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  • krish2005
    12-10 03:45 PM
    Its hurting to see that no major movements in jan bulletin. :mad:

    Sad story continues. Only EB3 moved by 1 month surprisingly.

    There is a chance that during this year, EB2 might become unavailable too.



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  • coolpal
    02-04 12:23 PM
    Hello everyone.
    Please share your experiences if you renewed your NJ DL with EAD renewal notice.

    My nj dl is due for renewal. I have applied for EAD renewal. I have the receipt notice and am working on EAD.

    Thanks

    Hi,

    I assume you want to renew DL based on the receipt notice for your EAD renewal not the valid EAD itself. If so, I know the Edison DMV located on kilmer rd (near edison train st) gives you 6 mo. renewal... I got it from them in dec based on my h1 rcpt notice...

    If you have a valid ead, then they'd renew your DL till the expiry shown on EAD.

    pal :)




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  • diptam
    08-12 03:41 PM
    There are lot of good/standard consulting companies ... Some are 'con' but they can't create massive impact , however the MNC's do MANIPULATION at a large scale.

    Do not generalise all consulting companies...At least people working in these consulting companies sponsored GC and buying house and spending their money here. Most of the fradulent GC process was done by these croocked indian companies. They exploited the EB1C system to the maximum extend. Most of the times, they are not filing the GC and keep the employees as slaves or they exploit the EB1c fo their boot lickers.




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  • GTGC
    09-11 10:12 PM
    Contributed $100 -Google order #620356280075982.
    Volunteering for the rally....and will be there on 18th!!

    This is history in the making guys we have to make its a huge success!!!Great job IV!!




    whiteStallion
    09-10 04:54 PM
    I still don't get it how USCIS works...:( Guess its high time somebody from USCIS writes a book or whitepaper on this subject. Or some post-grad can try writing a thesis on this to get their PhD! :rolleyes:




    desigirl
    01-31 09:32 AM
    Congratulation to 9years and Vayumahesh. Thank you both for documenting your journey. My EB2 perm was applied from the new company i have joined and it is approved this month. Hopefully i should be applying for I-140 next month.

    I have applied my 485 in July 07 but i was not married at that time. I am married now and my my wife is on H1B. When should i add her or amend my I-485.

    Thanks

    When you become current and before you get your GC approval notice, you should file 485 for your wife.

    Disclaimer: Not an attorney.



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