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  • ameryki
    10-07 11:59 PM
    Hi,

    Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.

    My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).

    Given all this, I have following questions.
    a). Are there any risks associated with filing AP.
    b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
    c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?

    Appreciate any help/pointers on this.

    Thanks

    No risk associated with filing AP at all

    You did not have to inform any official agency but she should have filed an I9 form (i think thats the form) when she used EAD for work

    You cannot be on H4 and EAD either or




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  • sanan
    06-14 08:53 AM
    Yes they do!
    I have the same question - Do dependent spouses get EAD even if dates retrogress after applying for I-485?




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  • jthomas
    12-10 01:18 PM
    logiclife,
    you are a great leader. Just concentrate on different ways to succeed. you have just found a way that does not work. My suggestion for you is plan smaller meeting call 5 members in a group and meet at a location explain them and give them the handouts and tell them to meet 5 more people and give you the report. I think this may work.

    I had succeeded 10,000 ways that will not work, before making the light builb" -Thomas Edision




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  • Canadian_Dream
    02-11 02:37 PM
    Pappu,
    This post does clarify visa recapture issues, but what about concurrent 140/485 filing ? Also, if our fate is still so tied up with 12+ millions illegals, doesn't that mean that we failed to make our case, even with so much media coverage, lobbying and our personal efforts to call the law makers. Could another explanation be that lawmakers have all but refised to treat us with dignity we deserved as an educated, law abiding, tax paying citizens contributing to the society. I believe that we didn't fail and we tried what we could but still lawmakers refuse to act on our casue, may be they are implying something without explicitly saying it ?


    Here is an update on Visa recapture from Aman:
    "I know some people ask for achievements of Immigration Voice and comment, sometimes ridicule, that Immigration Voice has not been able to get even one provision in last one year. There are many other organizations working on behalf of various groups. If no immigration provision has passed in more than last one year, does it mean that all those organizations are also ineffective? We all know that this is a world of instant gratification but please understand that there are groups who go to DC to get their issues addressed and they wait for 2, 3 -5 years before anybody would start listening to their issues. You see, just to explain using an analogy, Microsoft is working to get H-1b numbers increased long before Immigration Voice started. If Microsoft has not been able to get Congress to increase H-1B numbers, does it mean that Microsoft is no longer an effective corporation? Likewise, Immigration Voice has made significant progress but due to the political climate and statistical discussion about the undocumented, which of�course is different but an important issue, our provisions are clubbed in the comprehensive bill. If it would have been any other year when Congress was not considering the issue of undocumented or comprehensive immigration reform, advocacy effort of Immigration Voice would have definitely translated all our provisions into law six months back.

    If you want us to get Visa recapture as interim fix, allow me to share with you that as it stands today, it will not happen outside of Comprehensive bill. Infact as it stands right now, even H-1B increase will also not happen outside of comprehensive bill. Reason? Most of the groups and companies have stopped pushing for temporary relief because any kind of temporary relief or interim relief chips away support from CIR and the offices of Senate and House Leadership along with other proponents of CIR have made it clear that any immigration relief has to be a part of CIR and not outside of it. Other companies/coalitions have stopped pushing for temporary H-1B increase as they do not want to be in the bad books of committee chairmen and the leadership offices by trying to sneak temporary relief that divides the supporters of CIR. Leadership wants support for CIR and want all sides to wait for CIR. And not doing so and trying to get interim relief before CIR would put them in bad books of Senate and House leadership, which no one wants coz if CIR fails, then after CIR, these offices will not co-operate with any group that tried to take away support from CIR. So it would be counter-productive politically to do things that take away good stuff from CIR. Also, if you think that any effort in the final week could help in anyway, then let me to share with you that most provisions and their language are decided much in advance and last minute efforts almost never yield any result on the Hill."



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  • walking_dude
    10-15 12:12 PM
    GC-waiting life is fully of misery and suffering [bestowed by lawyers. employers, DOL, DOS, USCIS etc.] Grassroots efforts [State chapters] is the means of GC happiness. Way to GC happiness is to follow the Eight-Fold fath of

    1) Right Participation - Join the State Chapters
    2) Meet the Right People - Meet the Lawmakers who can fix the system
    3) Set Right the media crecord - Talk to media and dissociate our cause from that of unrelated issues H1B visa increase and "undoucumented"
    4) Find more Right People to join the cause - publicity & membership drive
    5) Learn more about the Right Cause - Join telecons with the core (whenever scheduled)
    6) Right approach - IV talking points, best practices
    7) Right Info sharing - Between chapter leaders and members about best practices, and experiences
    8) Rightway to get GC Nirvana through the Grassroots "Karma"


    Quod Erat Demonstrandum




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  • Jaime
    09-06 05:08 PM
    I got 2 positive responses from orkut members in DC.

    One said Oh ok, I will.. so this person didn't even know about it until after seeing the scrap.

    Yes I posted scraps on individual members' scrapbooks, not just community posts.

    I suggest if you are on orkut, scrap any and every one in DC communities, if a lot of people ask them to come, they will know how important it is!!

    Great idea! Why don't you start a thread on using ORKUT? It would be helpful!



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  • gc_kaavaali
    05-21 02:46 PM
    Come on guys!!!




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  • guest1
    06-24 12:59 PM
    Just called and expressed support. The lady that answered the phone was very friendly.



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  • logiclife
    02-13 01:40 PM
    I have tried to convince people (Indians and some Chinese) to join IV. People don't. They don't believe IV has the capability to get anything done. A lot of people don't care if IV existed or not. They believe that Congress will get to it when it deems right. Core members were asking a few weeks ago if that is the message people are sending. Yes it is.

    Yeah. We know that. A lot of people think IV cannot get anything done. IV never promised that we will cause CIR to happen. We never promised that we will cause SKIL to happen. They all happen, mostly on their own. IV's role is to add amendments when they come and remove provisions that hurt us. We did that successfully last year by getting the hard country cap removed. No one else was interested in removing the hard cap. It took a lot of co-ordination and lot of trips and lot of hard work to get it done. If that harmful provision had stayed, then the new quota of 650,000 in S 2611 would have been useless. People forget achivements of IV or think that it was negligible. Retrogression would have been exacerbated with hard country cap.

    You are reading the message right. I don't want IV to die. I am suggesting people with leadership skills to come forward and get SOME F**KING RESULTS. That is what is needed. It is do or die situation.

    Yes, we know that your situation and a lot of other people's situation is do-or-die situation. We know that lot of visitors and members are being squeezed by their situation (exploiting employer, travel restrictions, naggin H4 spouse, no wage growth, no job mobility, no promotions) and that will end only when they get out of H1 and get GC. Its actually the do-or-die situation that prompted the creation of IV.

    I am not a leader and I don't want to pretend that I am. I ask others who are not to step down and encourage the right people to take leadership positions.

    That's what it seemed from your original post. And nothing wrong with that. If you are up to the job then you are welcome. We already have state-chapters and people are not actively participating in that. Last week, on California's state chapter conf call, 2 people came. If you take leadership, you need to do things locally like meeting with other people in your city, forming a group of 4-5 people and going and meeting your congressman. And if you want to be in IV core, then you have to call us on the phone number listed and we can see if you can add any value to core by doing things we routinely do, like content prep, website maint, travelling to DC for meetings, talking to other orgs etc. If you are up to the job, sure, why not. Anyone who considers themselves fit for IV core, please call us. We really do need help as we are overwhelmed.

    I am a very dissatisfied member of IV. Are you satisfied with IV so far? Why doesn't everyone raise these questions? What has caused us to fail so far?

    I am dissatisfied too with the results. Its not like I am a happy camper on H1. What has caused us to fail? The same thing that has caused us to fail last year, the same thing that caused industry to fail in getting H1 quota raised, the same thing that caused failure of Universities to get F4 visa for masters degree holders. And these guys have lobbying budget in millions? Why do you think they failed?

    Whatever caused their failure, caused our failure too. In DC, issues are not debated and legislated based on morality and merits of those issues. They are taken up based on contemporary politics and other factors like lobbying, public attention, elections and political parties.

    For example: Last year, they debated a constitutional amendment to ban flag burned in USA. And spent precious time of congress on debating it. How to you think that would have helped anyone? Even it had passed, what was the merit of the issue? Flag burned mostly happens outside USA. In USA people rarely burn US flags. So banning flag burning in USA is like banning metric system. Its meaningless. Yet, they spent time on it.

    Read papers, read articles from other lobbying orgs and learn something. Legislations dont happen on their own because the issues carry weight and have merits. Merits have nothing to do with congressional action.

    To quote a bestselling economist Steven Levitt :
    "If morality is how we would like the world to work, economy is how the world actually works".

    Same thing applies to US congress. They dont set their timetable of bills based on morality and merits. There are other factors.




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  • logiclife
    06-30 12:28 PM
    Here is the Press release from his office (http://johnshadegg.house.gov/News/DocumentSingle.aspx?DocumentID=46437)



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  • ashutrip
    06-14 08:56 AM
    can somebody please tell me how long does it take to labor clear under PERM...Mine was applied on March 21st 2007?
    & where can I Find A Sample of Non-Availibility of Birth certficate from the Muncipality




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  • stucklabor
    07-10 05:14 PM
    I appreciate this update logiclife. This is all I (and I am sure many others) wanted, an update.

    If you see any bad word in my post, you can delete it and you have power to delete it.

    I felt thay many members asked for update (and I know there is no crtitical update) once in a while from IV core team.

    Any post from a IV core member makes this forum alive again and boost member's moral, as It shows that IV is still working.

    I posted a -ve post as I knew that you will post something in response to it, and hence proved.

    But using words like "barking dogs", God, I was not expecting that.

    Ghost, something must be missing in your character but I don't blame you, its bad parenting.

    Thanks

    ForeverGC, this is not the right way to ask for an update. You are like a spoilt child demanding attention by throwing a tantrum.

    I don't understand the point of people constantly asking for updates. Guys, we are a small group of people - 5000 members, only 1000 contributing - a small piece of the battle currently being waged over undocumented workers and border security. What can we, the IV core team, tell you? Every update is pretty much the same - we are trying to talk to Congressmen and put some provisions in the SKILL bill or other bill. What do they tell us? Keep educating Congressmen about your provisions, the same as you did for the Senate, and wait for the opportune moment or legislation.

    What is the point of hounding the core team for updates? And your post, ForeverGC, just made me want to resign from the core group as you just picked a fight with several people, one that we now have to step in to moderate. This is just a waste of energy for the people who have to moderate.



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  • tonyHK12
    03-28 08:58 PM
    What PlainSpeak says, whether you like it or not, makes sense (well mostly; I dont understand that . part.. you guys are making me learn something), and is healthy for debate. I recommend you man up and get a bit civil, so we can all at least look good.

    Let us disagree on this, whats that supposed to be a back-handed negative comment?




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  • jonty_11
    12-01 10:53 AM
    Guys,

    Improving your own skills by doing Double MBA would not be gandhigiri.

    A course in history will teach us what Gandhi did for rights of Indians in South Africa, who were oppressed and had to pay more taxes than anyone else. He fought for those people. If we could even manage to perform a percentile of that , we maybe able to get our community's problems resolved. I am sure the people working in farms in SA had no rights and were treated like slaves, we however, are in much better position and different times than the late 19th century. Not sure we can get a Gandhi to lead us, but if we strive for Unity among the Retrogressed community we can defintely improve our situation.



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  • jchan
    02-25 12:37 PM
    I think desi3933 is right -- that one cannot file AOS without PD being current. However, this does not mean we should give up pursuing our goal. The secretary of DHS specially made it clear that she is willing to push for changes both regulatory AND legislative. But before putting in any effort, she will need to know what changes to push for. She even specifically mentioned the issue with pre-application of AOS, which seems to me a real good chance to get the message delivered.

    Just for starters, here are the benefits I can think of about pre-filing of AOS:

    - By having all applications on file, let USCIS better predict case load and allow DOS Visa Office to make informed decision on Cutoff Date movements
    - Create more revenue for USICS (DHS) via AP and EAD applications
    - Reduce the work load of Overseas Consulates when applicants with AP does not have to apply re-entry H1B visa.
    - Many H1B visa holders have to go through the administrative procedure when applying re-entry visa. This process is more or less a duplicate with the background check required for green card application. When the applicant is allowed to travel with AP, the effort of background check is consolidated and allow resources to be better utilized.
    - EAD allows applicants more freedom to change job, this will results in better resource distribution to accommodate the rapid changes of the economy, and it makes the market the most important factor to determine wages.

    Please add whatever you feel missing to the points and maybe we'll come up with a formal letter to communicate to the secretary.


    Last, to address the concern that USCIS may be flooded by AOS applications from freshly off-the-boat H1B's, restrictions need to be put on the qualification of AOS. What I could think of is:
    - Must have approved I-140 (immigration visa. I think this restriction makes the most sense)
    - Must have priority date older than a certain number of years
    - Must have been in the US legally for five years
    - etc.



    Read again
    (3) an immigrant visa is immediately available to him at the time his application is filed.

    Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).

    If you still have doubt, talk to your attorney and post here what he/she told you.

    Have a good day!

    ______________________
    Not a legal advice
    US citizen of Indian origin




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  • IfYouSeekAmy
    08-10 09:34 AM
    India would be a good option for an Indian. For others I still think Canada and Australia are are the best options after US, in terms of standard of living, quality of life etc. It will take India decades more to achieve the same standards.


    I agree, India is a far better option.

    Assuming this discussion is about immigration/permanent-settlement and not about short term visits, work and study.

    On the side note, The only problem faced in india is over population which triggers almost all other issues. If india implements onechildpolicy most of the problems faced today will disappear in few decades. Your child (note: singular) need not leave india to enjoy international level lifestyle & benefits.

    As a backup plan to greencard advocacy we need to lobby the indian government to implement onechildpoilcy immediately.



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  • IneedAllGreen
    04-09 05:09 PM
    Check your PM and send me more information about urself and your work background/education on my PM. See If I cane help you more.

    IneedAllGreen




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  • eb3_nepa
    05-26 09:42 PM
    One more question.

    Where do you file if you are filing at the Texas Service Center?

    It says:

    USCIS Texas Service Center
    P.O. Box 851182
    Mesquite, TX 75185-1182

    However Fedex/UPS will not deliver to PO Boxes. So does that mean we can send it ONLY via USPS?




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  • Jerrome
    07-17 07:03 PM
    Please do not confuse with IV objectives with the Posts with someone who is not part of core team. IV's objective is always getting MORE visa numbers.

    All these Horizontal vs Vertical etc all USCIS/DOS created issues. Whoever is benefiting out of this overflow, they are happy and others are not happy.

    Last year during last quarter there was heated discussions between EB3-ROW and EB India. During that time there was vertical flow and EB3ROW got more visa.

    If you ask me overflow should be evenly distributed based on the backlog of a specific category.

    The % of allocation should be based on the backlog.

    To do this USCIS/DOS should have exact detail and have a centralized process in place. Since they don't have this and changing this is not possible in our life time, everyone is trying to suggest to change to EB2.

    Achievable goals or goals worth pursuing from IVs point i guess is

    a) Visa # increase
    b) Making USCIS accountable for yearly visa#
    - In my opinion If there is no IV then even 140K visa allotment in a year, overflow etc,etc..itself would not have happened.

    Thats why Always IV moderators and core team members maintained that only way out of this mess is "to increase the visa#".




    gk_2000
    03-25 01:25 PM
    Agreed 100% Porters will eat everything, there will be no movement.

    Brother, why the mean intonation? We are all for stopping EB2-EB3 war, until one of us is slightly at disadvantage. High time we change attitude




    purgan
    02-13 08:45 AM
    IV core needs to develop a thick skin, and not be affected by barking dogs like these.

    I'm all for IV!! This is the only organization fighting on behalf of those stuck in GC retrogression. There are some anti-immigrants who come to this website, sign up under Indian identities, and try their darnest best to bog down the efforts....



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