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  • EkAurAaya
    05-24 12:42 PM
    http://timesofindia.indiatimes.com/articleshow/msid-2072510,prtpage-1.cms

    Great immigration debate has Indians steamed up
    24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK


    WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.

    Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
    for the skilled immigrants lobby say.

    Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.

    "What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)

    According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.

    A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.

    Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.

    Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.

    Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.

    Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.

    To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.

    Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.

    So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.

    According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.

    If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.

    "Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"




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  • paskal
    03-15 06:17 PM
    The maximum duration of a J-1 is 7 years but the visa is issued 1 year at a time (royal pain). Therefore there is nothing such as a transfer. When residency is over, if you get a fellowship the program files with ECFMG the necessary papers to prove that it's an accredited program etc It is ECFMG that sponsors you not your program/hospital. Each year the program informs ECFMG on your progress and based on that a new sponsorship for another year is granted.
    After my first fellowship i was board certified. In order to specialize further I (and my new department) had to convince ECFMG that there was some merit in the whole proposal. anyway long story, they did sponsor me and I did another 2 years thus completing the entire 7 year period.

    As for GC, my employer just started the process and insisted on choosing an expensive corporate lawyer they have worked with before. She is in no hurry and I don't know when I will even have a priority date let alone a GC. This is after 11 years here. such fun....




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  • meridiani.planum
    06-17 09:38 PM
    Thanks to every one for considering my message and answering to the questions.

    Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.

    Regards,
    swashbuckler

    See here:
    EB-2 Advanced degrees & Experience | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/greencard/eb2-green-card/eb-2-advanced-degrees-experience)

    specifically:

    3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement


    so your 3+2 will be equivalent to a bachelors, then the additional 11 years of experience you have should put you into EB2.

    Having said that, this is not law, it is what USCIS said they "generally" follow. So its upto interpretation. That came out in 2007 (in some AILA Meeting) but there are cases of I-140 being denied in such cases. some very recent (2010/2008):

    i-140 denial : India 3 yrs Bachelor + 2 yr Master (http://www.immigration-information.com/forums/i-140-petitions/10141-i-140-denial-india-3-yrs-bachelor-2-yr-master.html)

    I-140 Denied due to Education - HELP NEEDED PLEASE (http://www..com/usa-discussion-forums/i140/191165977/i-140-denied-due-to-education-help-needed-please)

    Some stay denied, many go through on an appeal with AAO. Some even get through without issues on first go.

    You could take a chance with EB2 (if you do, ensure that your Labor is very specific about the needs "OR bachelors +5" part. If you just says masters+1 it'll be denied. the 3+2 is not considered a masters equivalent)

    Also, consider the stakes here (you need that I-140 approval to get an H1 extension). One option might be to go with EB3 now, make sure you get the extension, then later file in EB2 (with a new employer?) and recapture the PD.

    Depends on your appetite for risk...




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  • rcr_bulk
    08-28 05:45 PM
    For different initiatives. Did you see my join date? I joined in the first month when it is founded. Not a big deal...I am not even sure why i have to prove and tell these stories....last post....
    At last , now you found right the thing to do.



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  • software7
    05-27 11:34 AM
    I would like to share my I485 experience.

    1.Brief History and Denial reason.

    Did I485 interview at local office in Jan 2009.
    Got Denial notice stating that I485 filed when dates are not current.
    This is not true. Filed I 485 in 2007 July Fiasco.
    Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
    Got I485 receipt in October.

    it was denied due to clear error.

    2. Filed Service MTR with out filing Fee ( as this is service error)
    Did not get any communication for 3 months.
    In between took info pass couple of times and it did not help.

    Wrote letter seeking help of senator explaining situation.

    Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.

    Did finger printing in May.

    Since dates are not current, I am not expecting any approval.
    AT least I am happy that. case was reopened.

    I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.


    .




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  • kapoorg
    06-21 02:04 PM
    Hi,

    I am in a similar situation. I am in US on B1 visa and accidently damaged my passport.

    Both my passport and I-94 are mutilated. Duplicate passport takes 6-8 weeks and I-102 takes close to 3 months.

    What should I do? My exit date as per I-94 is Aug,25th.

    Vinay,
    Can you please tell me how did you manage to get duplicate passport in such a short time?

    Regards,
    Gaurav Kapoor



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  • GCcomesoon
    10-31 02:39 PM
    Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:


    Hi

    I got my EAD approved last week on 10/25 after 143 days.I had made 2 info pass appointments, had called USCIS & created 2 service requests after which I guess even my attorney had called USCIS . Only after all this , the message on USCIS online showed that "Card ordered" Actually I have to still receive my physical card in hand. Can you believe even my FP is pending for last almost 5 months now ?

    Thanks
    GCcomesoon


    Priority date - 05/2003
    140 approved - 10/2006 from TSC
    485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
    CA, EB2
    Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
    Wife's case RD- 7/10/2007

    LUD in my case - I131 - 7/10/07, approved - 7/24/07
    LUD in my case - 1131,485,765, - 7/11/07
    LUD in spouse's case - I131-7/11/07
    EAD cleared for spouse - 08/20/07
    FP for spouse - 08/08/07 , I rescheduled it.
    FP scheduled - 10/03/07 - Done
    AP approved for spouse - 09/12/07
    EAD -10/25 - message - Card ordered online.
    Still waiting for actual EAD card & FP




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  • sanju_dba
    09-15 09:58 AM
    Not workable if we don't have the number of real active members, which I think is a big problem. We have 40K userid's and only 1000 votes.... doesn't' make sense. Either these id's are fake, obsolete or created in error.

    so, with 1000 ppl...20 per months. = 20K.

    In that case as h1techSlave said, 50% logic goes good irrespective of the target amount.
    let it be 20k....200k , half the share goes to IV and half to the winners.



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  • chanduv23
    08-03 10:56 PM
    USICS once again emerges the winner :) Now all our heads will start spinning.....

    Dear friends, please visit this thread

    http://immigrationvoice.org/forum/showthread.php?t=11962

    and participate in the publicity campaign




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  • sukhwinderd
    08-22 02:41 PM
    you can renew your DL by showing a copy of H1 receipt and letter from employer regd employment. DL office clerks dont know this so your lawyer might have to call their supervisor. take your 140 along as well, actually all the documents.
    one of my co-workers got it renewed based on H1 receipt. and we are in FL.



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  • retropain
    08-14 02:07 PM
    Congratulations my cuban friends!

    You no longer have to wait in this friggin' green card line

    http://www.miami.com/mld/miamiherald/15256657.htm

    Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.




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  • Adam
    08-26 11:10 AM
    That one looks perfect gundark.

    agreed, very nice :thumb:

    redelite, I like your angry one :) Reminds me of my wife :D



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  • sai
    07-09 11:37 PM
    I am in the same boat..
    If we have a gap between the expiry and new EAD card,
    we should not work thats for sure,
    but wont have any issues of going out of status during the gap?




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  • NewDocinUS
    02-05 01:21 PM
    Hi,
    I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.

    I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.

    Thanks



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  • JunRN
    12-22 07:00 PM
    They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).

    We are in democratic country. Why not ask them first? Give them due process.

    Somebody gave me "disapproval" because of the post above....I think that somebody do not believe in "due process" and "democracy".




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  • keiryu
    06-28 04:35 PM
    Let me rephrase. You can have both but you can only enter in as one status. Whatever you enter in as, that will be your status. If you have not entered in as AP, You can enter the US on H-1b without impacting your AOS.

    Status of EAD/AP vs. H/L (http://www..com/greencard/adjustmentofstatus/eadap-hl.html)



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  • go_guy123
    11-24 10:00 AM
    "Its all about votes" only comes after - my point was that the unity the latino community projects is the driving force.


    The critical mass drives the unity. The indian community is lot lot smaller and even if united it will lack the critical mass. That itself drives them to persue individual subgroup interest by joing other interest groups thereby disuniting. The 90s was the period when
    hispanic community got united especially after Pete Wilson in Califonia and in US. There was major naturalization drive and voting effort.




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  • chanduv23
    12-08 10:45 PM
    Dear Fellow IVans,
    While we all want to reap benefits of IV, we must keep IV financially strong. A lot of money is needed for professional lobbying. Thats how things work here in America. Nothing is for free here. IV has been the only organization working collectively for your secure future.
    Your continued contributions go a long way towards the grassroots efforts. So please contribute.

    If you have never contributed to IV in any form till now, this is the best chance. This is the best time to step in and chip in with some financial help. Just think of it as 1 month without cable Television.

    So at the least, please step forward and walk the extra mile and contribute. Please contribute for your own cause.




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  • MeraNaamJoker
    09-15 01:30 PM
    First thank GOD for pulling you out of this mess.
    Instead of blowing the money in strip bar or any place like that, send it to India and ask them feed any orphans. You will be blessed more......




    dreamgc_real
    04-27 01:42 PM
    Thank you everyone for your reponds. We are going to have a wedding in August, 2010. Can we fill the I30 and other forms now or we have to wait until after the wedding?

    definitely after you get married. one of the important papers to send in will be your proof of marriage (marriage certificate)!!!!!!!! can't rush these things.




    smuggymba
    10-18 03:13 PM
    My wife's on EAP (OPT), which is valid till next year and will be going to texas DMV tomorrow.

    any exp with texas DMV about giving DL to EAD OPT holders?



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