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  • s_r_e_e
    06-12 06:11 PM
    I agree with your suggestion, but for attorney change, do you think any bad effects? Someone told me judge and jury might question why you change attorney?
    Feel shamed on my poor English, yes, I need improve it ASAP after that jury.

    You should consult another attorney, for a second opinion. Agree with reddymjm that there may be option for u r wife to meet with DA and settle this (have heard abt a similar case). U r wasting ur time here replying to posts like reddog's.

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  • zoho
    08-28 07:54 PM
    My wife has h4 visa till 2010.
    Her AP is going to expire in october and planning to go to india soon.
    Can she go to india after applying for AP renewal.
    Applying for her AP because if my i 485 got approved and her's will be pending,then her h4 visa will automatically get cancelled which prevents from entering into US.

    Please advice guys

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  • ufo2002
    05-12 01:57 PM
    I have been reading the CIR Bill (PDF file, dated April 24, 2006) from this website

    Under Title VI - Work Authorization and Legalization of Undocumented Individuals.

    I will just digest and summarise the interesting points:

    For illegals who entered the USA before April 5, 2001...

    Immediate Adjustment of Status after paying fines and any additional amounts
    Must be employed for at least 3 years during the 5 year illegal presence
    Employment requirement not applicable to those under 20 years of age
    Employment requirement of 3 years can be reduced if proven physical or mental disability like pregnancy
    Alien shall not be required to complete employment requirements with the same employer!

    OK, I am not going to go on as I will leave the rest of the reading up to you all. But I need to ask this: "The adjustment of status" above... does this mean those illegals don't need to go thru LCA and I-140? Also, they don't even need to stay with the same employer at the time of applying for AOS....
    Sounds like a very good deal for these people.

    So could someone explain to me why we in the retrogression queue should accept this bill even if it increases H1B and promises to reduce backlogs for GC when illegals who have been here for more than 5 years (many of us also have been here that long) get special treatment? It's a really bad deal for us.

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  • gsc999
    04-19 03:39 PM

    See some additional news below from Politico:
    Darrell Issa attacks H-1B visa program, data projects
    Darrell Issa attacks H-1B visa program, data projects - Michelle Quinn - POLITICO.com (http://www.politico.com/news/stories/0411/53381.html)

    There is definitely some movement here but interesting to note that House Oversight and Government Reform Committee Chairman Darrell Issa (R-Calif.) comment:
    "Lofgren is holding high-end workers hostage for the low-skilled, illegal immigrant."
    This was after a hearing in San Jose, I believe on Monday, about reform of H1B visa issue.


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  • waitingnwaiting
    05-31 08:27 AM
    (1) To carry out programs that provide education and training to establish nursing career ladders to educate incumbent healthcare workers to become nurses (including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses). Such programs shall include one or more of the following:

    (A) Preparing incumbent workers to return to the classroom through English as a second language education, GED education, precollege counseling, college preparation classes, and support with entry level college classes that are a prerequisite to nursing.

    (B) Providing tuition assistance with preference for dedicated cohort classes in community colleges, universities, accredited schools of nursing with supportive services including tutoring and counseling.

    (C) Providing assistance in preparing for and meeting all nursing licensure tests and requirements.

    (D) Carrying out orientation and mentorship programs that assist newly graduated nurses in adjusting to working at the bedside to ensure their retention post graduation, and ongoing programs to support nurse retention.

    (E) Providing stipends for release time and continued healthcare coverage to enable incumbent healthcare workers to participate in these programs.

    (2) To carry out programs that assist nurses in obtaining advanced degrees and completing specialty training or certification programs and to establish incentives for nurses to assume nurse faculty positions on a part-time or full-time basis. Such programs shall include one or more of the following:

    (A) Increasing the pool of nurses with advanced degrees who are interested in teaching by funding programs that enable incumbent nurses to return to school.

    (B) Establishing incentives for advanced degree bedside nurses who wish to teach in nursing programs so they can obtain a leave from their bedside position to assume a full- or part-time position as adjunct or full time faculty without the loss of salary or benefits.

    (C) Collaboration with accredited schools of nursing which may include community colleges and other academic institutions providing associate, bachelor’s, or advanced nursing degree programs, or specialty training or certification programs, for nurses to carry out innovative nursing programs which meet the needs of bedside nursing and healthcare providers.

    (h) Preference- In awarding grants under this section the Secretary shall give preference to programs that--

    (1) provide for improving nurse retention;

    (2) provide for improving the diversity of the new nurse graduates to reflect changes in the demographics of the patient population;

    (3) provide for improving the quality of nursing education to improve patient care and safety;

    (4) have demonstrated success in upgrading incumbent healthcare workers to become nurses or which have established effective programs or pilots to increase nurse faculty; or

    (5) are modeled after or affiliated with such programs described in paragraph (4).

    (i) Evaluation-

    (1) PROGRAM EVALUATIONS- An entity that receives a grant under this section shall annually evaluate, and submit to the Secretary a report on, the activities carried out under the grant and the outcomes of such activities. Such outcomes may include--

    (A) an increased number of incumbent workers entering an accredited school of nursing and in the pipeline for nursing programs;

    (B) an increasing number of graduating nurses and improved nurse graduation and licensure rates;

    (C) improved nurse retention;

    (D) an increase in the number of staff nurses at the healthcare facility involved;

    (E) an increase in the number of nurses with advanced degrees in nursing;

    (F) an increase in the number of nurse faculty;

    (G) improved measures of patient quality as determined by the Secretary; and

    (H) an increase in the diversity of new nurse graduates relative to the patient population.

    (2) GENERAL REPORT- Not later than September 30, 2013, the Secretary of Labor shall, using data and information from the reports received under paragraph (1), submit to Congress a report concerning the overall effectiveness of the grant program carried out under this section.

    (j) Authorization of Appropriations- There are authorized to be appropriated to carry out this section for fiscal years 2012, 2013, and 2014, such sums as may be necessary. Funds appropriated under this subsection shall remain available until expended without fiscal year limitation.


    (a) Requirement To Collect Data- With respect to each fiscal year, beginning with fiscal year 2011, the Secretary of Homeland Security shall collect the following data for each alien that acquires the status of a lawful permanent resident or a temporary alien worker (including as a temporary professional worker under the North American Free Trade Agreement) during that fiscal year for employment as a professional nurse:

    (1) The country of residence and country of nationality of the alien at the time such status is acquired.

    (2) The country or countries in which the alien received the professional education and training to be licensed as a nurse.

    (3) The name and address of the petitioning employer.

    (4) The name and and address of any recruiting agency used by the petitioning employer with respect to the recruitment, processing or preparation of the alien for the employment involved.

    (5) The processing time for review and action on the petition with respect to each such aliens.

    (b) Research of Data From Prior Fiscal Years-

    (1) With respect to the fiscal years 2006 through 2010, the Secretary shall determine which of the data required to be collected pursuant to subsection (a) are available for retrieval in electronic databases maintained by the Secretary.

    (2) In preparing the report for fiscal year 2011 mandated by this section, the Secretary shall include a summary of all such available data for fiscal years 2006 through 2010.

    (c) Reports- The Secretary shall submit annual reports aggregating the data collected under subsection (a), and, with respect to the report for fiscal year 2011, such additional data identified pursuant to subsection (b), along with such related information as the Secretary determines to be appropriate, to the Committees on the Judiciary of the House of Representatives and the Senate not later than 90 days after the end of each fiscal year. Such reports shall include--

    (1) the aggregate number of aliens who acquired a status described in subsection (a) during such fiscal year and subtotals of the status categories acquired;

    (2) subtotals within each status category for the data element collected pursuant to subsection (a); and

    (3) the average processing times for each different type of petition or application involved in the acquisition of status.

    (d) Publication in the Federal Register- The Secretary shall cause to have published in the Federal Register notice of the submittal to the Committees on the Judiciary of the House of Representatives and the Senate of each report required under subsection (c) and of the availability to the public of each such report.

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  • malibuguy007
    04-02 08:14 PM
    Cmon friends IV needs all the monetary help to get us all there.


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  • ivslave
    09-15 05:48 PM
    Now that you have seen 'good' results, what have you decided? Buy or Rent?

    it.... already reserved books on home buying from library......... started data accumulation in spreadsheet.....

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  • crystal
    08-15 11:51 AM
    Congrats for becoming senior member :)
    My best guess is whatever the link I gave is valid before AC21 came in , I am not sure about it.
    If this is so, how do folks who have used AC21 handle this ?


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  • jnagendra
    09-23 01:14 PM

    The calendar says 1:00 PM EST.

    The bill is to recapture 550,000 visas, Can we findout how many are EB based and how many are FB Based.

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  • sertha1
    06-25 06:33 PM
    Could you please tell what is your spouse's H1B validity date? Mine is 09/30/2007. Will they deny my wife re-entry into US since there are only 2-3 months left?

    It will be like attending for a H4 visa and prepare documents required for H4.


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  • desi3933
    06-25 10:24 AM
    Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.


    >> Must an H-1B alien be working at all times?
    No, but he must be an employee. H-1 employee can avail vacation, sick days off, unpaid vacation days as are available to ALL OTHER employees. Employer needs to document such policies. There are complex issues involved here.

    Like you said in post As long as the employer/employee relationship exists this is the key part. How to prove employee relation - mostly by pay stubs and employment letter. Also, I-9 Form date determines when employee really reported to start the employment.

    Not a legal advice
    desi3933 at gmail.com

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  • antihero
    03-15 09:45 PM
    Why did you do it? Oh why why why?


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  • aadimanav
    07-28 02:02 PM
    Dear Mr. ___________

    Thank you for contacting me to express your support for H.R. 5882 and H.R. 5921. I appreciate your taking the time to write and welcome the opportunity to respond.

    Congresswoman Zoe Lofgren (D-CA) has introduced H.R.5882 to improve the reliability of the system in which employment-based and family-based visas are issued to foreign nationals. As you may know, many of these category-based immigrant visas have not been issued over the past few years due to backlogs and processing delays at U.S. Citizenship and Immigration Services. H.R. 5882 would help prevent such losses by making available an estimated 218,000 employment-based and family-based green cards that have been unused in past years.

    In addition, Congresswoman Lofgren has introduced H.R. 5921, the "High Skilled Per Country Level Elimination Act," to remove the per country limit on employment-based immigrants. You may be aware that U.S. immigration laws limit every country to 7 percent of the worldwide level of U.S. immigrant admissions. This per-country level is established by the U.S. State Department to act as a "barrier against monopolization" and to provide fair opportunities for all skilled and professional workers from around the world. H.R. 5921 would remove per-country limits and would no longer allow unused family- or employment-based visas to be used interchangeably.

    Please know that both H.R. 5882 and H.R. 5921 are under review by the House Committee on the Judiciary. However, no companion bills have been introduced in the United States Senate. I think it is important to recognize that our immigration policies must make national security a central priority while at the same time helping to facilitate family reunification and labor demands here in the United States. I will continue to pressure Department of Homeland Security Secretary Michael Chertoff to ensure that any policy to expedite visas does not compromise our standards for accepting individuals into the United States, nor the integrity of our immigration system. Be assured that I have taken note of your support for these bills, and I will keep your thoughts in mind should related legislation come before me in the United States Senate.

    Once again, thank you for your letter. If you have any additional questions or comments, please call my Washington, D.C. office at (202) 224-3841. Best regards.

    Sincerely yours, Dianne Feinstein
    United States Senator

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  • LostInGCProcess
    01-15 11:20 AM

    Could you please edit your post so that it does not take up 10 pages space of may be 10 -15 lines of information?


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  • waitin_toolong
    07-16 11:23 AM
    First we need to consider why you need life insurance
    --- to pay for your death
    ---- to take care of your dependants in the event of your untimely death.

    Considering all this all financial advisors (the ones not working on comission) recomend getting at least 10 times your salary for the working spouse and 0 for non-working spouse and none for children. You may want to buy some insurance for non-working spouse if they are the primary home care provider for kids and you will incur child care expenses in case of untimely death.

    The other part of their recommendation is that buy level term for the period you anticipate taht you will be working. This ensures that you pay the same premium throughout the period of policy, you dont get anything back ever, though the beneficiaries will get the benefit if you die before the term expires.

    The cost of these plans for a healthy person between ages 25-35 is around $20-40 a month.

    A lot of people push whole life insurance but you dont really need a whole life insurance anyways, and the investment component comes with huge cost, same with universal life insurance.

    I know a lot of people will diagree with the views presented here but these are based on several advisors that dont make money off of their recommendations. I just happen to agree and if you choose to disagree that is just your point of view and I respect your decision, so please dont start arguing with me.

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  • 485Mbe4001
    04-09 05:15 PM
    i tend agree with you, most of our forum topics start sensibly and then meander on...

    The very reason why we join this forum so that we can, as whole, say something that may influence the law makers of this country to change the existing laws so that our problem with GC will be resolve.

    Alot of times the comments in this forum are completely irrelevant and very insulting to the Americans. And here, we are asking them to please change your laws so we could live happily in their county. And if they say no, that's their right.

    I am as frustrated as anyone here and I know people from other countries including Australia, Philippines, UK and China who have been waiting for years as well.

    If we could please make our comments "not country-centric", I am sure more people will join this forum.

    I know several people are not participating in this forum anymore because they are turned off by these country-centric comments.

    It hurts, but that's the truth.


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  • delhirocks
    06-28 01:56 PM
    This is wrong. EAD can be issued when both of the following conditions MUST meet:

    I140 has been approved
    I485 application is 180 days old

    Thats incorrect, You will still get your EAD if I-140 is pending. But, in futiure if your I-140 is say rejected, you will be instantly out of status (If you are on EAD).

    I will post the supporting documentation shortly

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  • jonty_11
    06-28 12:21 PM
    at least they are approving 2003/2002 PD applications as we have seen.....now that surelymeans they are working a little bit....
    Whether they are short on staff, or whatever teh reason maybe, the bottom line is our complains to any higher ups/Senators..etc will just fall on dead ears as we are not the Voter Base.....

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  • noendinsight
    07-19 10:04 AM
    EB3/FEDEX delivered on 02-Jul-07

    05-29 11:13 AM
    This is the third time an Indian American has won the competition in a row.

    BTW, the huge number of Indian American partcipants is not due to the fact that " Indian Americans" are brilliant... These children (at least most) are partcipating not becasue they have talent but they are being forced to by the aspirations of their parents.

    All the Indian American children are crying, sitting on the lap of their parents etc... See any other kid who lost, they were cool.

    Maybe your parents did not hug you enough when you were growing up, but that's not a justifiable reason to be jealous from these kids.

    We are all born as genius, life de-genius us. Each one of us have the ability to be brilliant, it just depends how each one of us chose to spend our time. Folks who spend their time constructively are brilliant, because they have learned to ignore the negative. That's why these kids are brilliant and that's why they have the talent.

    A growing child with aspirations looking for a parent to comfort and console them is not a sign of weakness, its a sign of a strong bond between the child and the parent, I guess thats a cultural thing. And a strong bond with parents that takes away nothing from them for being recognized for their talent.

    As far as being forced by parents is concerned, I know for fact that I would have NOT gone to University to get a degree if my parents were not there to guide me at that age. If parents use constructive guidance that allows the children to strive and become better citizens of the society, that's called "personal responsibility". Last time I check, someone became the President of this country speaking in favor of "personal responsibility" and "responsibility of parents". Was that wrong?

    04-27 04:17 PM
    The above mentioned case was later denied. AAO withdrew the approval. See this link -
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2009/Apr282009_01B5203.pdf

    This was a good find. The decision actually opens up more doors then it closes.

    USCIS in the past; and specifically Nebraska service center would deny I-140's if you did not have one single source degree equal to U.S. bachelors degree (ie., combination of degrees was not allowed).

    this decision basically says that 3+2 will not be considered equal to masters but will be considered to be equal to bachelors degree. However, since the labor didn't allow for bachelors and five years of experience then they consider him to not be qualified for the position.

    Looks like 3+2 will still qualify for eb2 but through the bachelors and five year route.

    If you look through many of the appeals decisions you will even find contradictory stuff with regards to combination of degrees to get to bachelors equivalency for eb2.

    That's why when you are first starting the greencard journey it is safest to go eb3 route and then later give it a try for eb2.