Friday, June 17, 2011

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  • logiclife
    06-07 01:24 AM
    Is immigration a right? ABSOLUTELY.

    Well, over the past few months we have heard a lot of sound bites like �Immigration is a privilege, not a right�. �We are a country of immigrants but we are also a country of laws.� We will see about that in moment when we look at history and find out how lawful immigration has historically been.

    Let�s focus on one thing sorely missing from our community: The sense of entitlement.

    A lot of employment based immigrants in this country, legally here, on H1, L1, J1 etc. have asked themselves, �What right do I have to ask for change in laws or relief from congress? I am not even a citizen. Lobby congress? As an alien? Are you kidding me? Do you want to get deported? Do you realize you are going �against� the Government?�

    Therein comes the lack of sense of entitlement.

    First of all, legally speaking, there is no distinction between the constitutional rights of citizens and the constitutional rights of those who are non-citizens � legal or illegal. (Non-citizens are also called �aliens�, but I refrain from using that word whenever I remember coz none of us look like characters of Star Wars and we are not green-headed animals with 6 limbs, so I don�t consider myself an alien just because I was born somewhere else on the same planet).

    Second of all, as a person within the jurisdiction of the United States, the first amendment actually prohibits the congress from making any laws against stated rights � one of which is the right to petition the Government for redress of grievances. So not only its legal to do what we are doing, it unconstitutional to pass a law to make it illegal for us to petition (or lobby, advocate, litigate) government for a redress of grievances. And that first amendment isn�t changing, coz to change it, its going to need two-thirds of US congress and three-fourths of states to back it. And we all know, how lucky we are to have 51 senators agree on the fact that sun rises from the east.

    Earned Right or Birthright?

    The fact that you are here and you are here legally and working with the system to earn immigration is something you should be proud of. Not guilty of. If you treat yourself as guests, the government will treat you like a guest. I would rather treat myself two times the citizen. Why, coz it simply much harder to earn a citizenship than to be born into it. I believe that not only we deserve fair and speedy immigration, but also when we do become citizens we should have the privilege to give two votes in elections. Now, I am not trying to display chutzpah here. I am going to back up my claim with reason. See, a lot of us came here 5-10 years ago with almost no money. Many of us never received any formal education in America. However, we have been able to survive and keep a job in this country, even during the stock market crash of 2001 and the economic recession after that. No small feat. We are the last ones to leave the office at night (Actually, that is true for both legal and illegal workers, coz the legal computer programmer is still coding Java at 7:00 PM while the illegal janitor starts vacuuming the office). We relocate across states as-if its relocating 2 traffic lights away. We adapt to different employers, we adapt to all employers. And all these without driving down the wages. Yes, it�s true. We don�t depress the wages and we don�t steal jobs and the labor certification is designed to prevent that and it�s working. We all know how great its working and how intense the process is, especially those who are stuck in Philly and Dallas backlog creation centers.

    So, to sum it up, we have twice to right to petition the government for a redress of grievances, twice the right to everything. It�s an earned right, not a birthright. Our natural instinct should be to exercise the rights we have earned. If we cannot do it now, we are not going to really make anything out of citizenship of Greencard that we are pursuing.

    And coming back to the sound bites about privileges and �Nation of laws� coming out of Washington today, let me say this: The pilgrims, who dropped anchor near Cape Cod in 1620 didn�t go through a port of entry and get their passports stamped and their I-94s stapled. I don�t think the Indians were waiting at the coast of Virginia to stop immigrants. They just came. And they settled. And they called it home. No priority dates. No visa bulletins.

    So you see, what really matters here is whether you feel you are entitled to something or not. If you don�t feel entitled to a fair immigration process that does justice to those who seek legal ways to immigration, then you probably aren�t entitled. To ask for something, you must first believe that you deserve it. And to show that you deserve it, you must ask it loudly and clearly from rooftops. Don�t predict visa bulletins, but work to change and influence the visa bulletin 6 months from now. And no, you wont be deported for exercising that constitutional right.

    �Our ancestors ... possessed a right, which nature has given to all men, of departing from the country in which chance, not choice has placed them.�

    � Thomas Jefferson (1743�1826, 3d President of the United States, author of the Declaration of Independence)





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  • svkrishna
    01-31 02:22 AM
    Hi Prashantc

    We( H1b Extension for 3 time and H4 for my wife)appeared for an interview on Jan 17th. Yet to receive passports.
    Cancelled my tickets already.
    Based on your case, if they ask us the documents after 16 odd days.. I would say I am doomed. My employer( Not consulting company) might create problems.

    Good luck to you bro
    Vamsi





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  • Sienna Miller and Savannah



  • snram4
    01-09 10:29 AM
    It is easy to say than do. Flower Compaign worked once because they made a mistake. They can return the flowers to the senders. You cannot make law change in the divided issue that much easily.Hunger Strike could lead legal issues for participants some times. So that is impractical. For arranging rallies IV volunteers may have to work for months to organise. After some people's hardwork only a few hundred people will turn up. So rally will become get together.

    I totally agree with you, I used to visit IV a lot, but was just disappointed with the results from some of its members. Not to blame IV core team, but other members who would just come and read blogs. Specially EAD holder's, I hope their eyes are opening up to new realities. Yesterday, my sister in law entered USA from Newark Airport and she witnessed three people holding HIB visas get cancelled at the immigration point, one had EAD.


    All we Desi's want is a free ride, same old mentality, don't want to put in any diligence in this matter, but very quick on pointing short comings on others. Blame game!

    Point is, we all need to do something radical, sending flowers again and holding a hunger strike, otherwise, keep coming to IV and keep getting disappointed.

    Papu, maybe you can hold something up for once. Schedule a date for some event.





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  • leo2606
    07-19 12:14 AM
    I do have the same name.
    Pd: Jun 2006
    Reached Nebraska: 7/2 10:25 am
    Rejected: Don Know
    Ck Cashed: Not Yet
    Name of the person signed: J.BARRRET



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  • chanduv23
    02-13 03:37 PM
    logiclife - i saw your video and figured out that you seem very stressed and disappointed about all these things. Criticisms are common especially when you work for a noble cause. Chill out man. You have enough support from a lot of people. What IV has achieved
    (1) Bringing awareness to a lot of people - this is a big achievement
    (2) Helping anonymous people who come with issues, most of the advises and opinions here do not have any selfish motives and every advise comes with a lot of experience
    (3) Raising awareness in media
    (4) It is single most strongest organization representing highly skkilled immigrants
    (5) Exposing selfish employers and lawyers and educating immigrants so that they don't get exploited
    (6) Being realistic about anything and everything
    (7) Making sincere lobbying efforts
    (8) Educating lawmakers
    (9) Not breaking any rules and doing everything in a good manner.

    What IV can focus
    (1) Diplomacy - Lets study our opponents and businessmen and lawmakers so that we know where we stand and how to do things.
    (2) Controlled membership access - People must fill out a membership form

    The above said, I think when someone challenges and criticises, we can also take them in right spirit and not pounce on the person. Criticisms lead to a better system implementation and has its own advantages.

    Good luck





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  • desi3933
    06-22 08:19 AM
    I had the same kind of situation . I work for a Fortune 5 company . The prevailing wage some how came to $5000 more than the salary than the company pays me ( I think I am pretty competitively paid ) . Our attorney team told me that this is nothing to worry about . The wage difference actually matters when your I-485 is filed and about to be approved . So you could actually go ahead and file the labor and get the I140 approved and wait for your wage to rise to the levels ( you will have to wait anyhow for a few years ).So if I have to wait for like 3 years for my GC my wage will surely rise to USD 5000 in 3 years . Also remember that the total wage is the sum Salary + Joining bonus + awards + yearly bonus . So you could add these things to give your total wage .

    >> The prevailing wage some how came to $5000 more than the salary than the company pays me
    That is really odd. Is your I-140 approved?

    Joining Bonus, Awards, and Year Bonus are NOT part of salary unless it is defined and guaranteed for every year.

    Not a legal advice.
    ------------------------------------
    Permanent Resident since May 2002



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  • Sienna Miller Casual Eyes



  • smartboy75
    09-29 11:42 AM
    Was the H1B through a body shopper? I"ve heard of reopening all old cases of a company if they find a dubious H1B sponsorship, or if a company gets blacklisted.

    If your company is solid and your case is genuine... you probably have nothing to worry about.
    The H1B which was approved a year ago and has now been re-opened was not with a body shopper but an US Insurance firm....They had the best of lawyers and company is still going strong....





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  • Sienna Miller New Short Hair



  • jp_blr
    06-19 03:58 PM
    Raj, Thanks for the reply. I am still looking out for the bride which is the reason it may take about a year or so.. So no chance of civil ceremony in a months time. 

    I have few more questions..

    1) What does it really mean by withdrawing the I-485 ? Does it mean you withdraw only the 485 application and can reapply (just 485) it later when you are ready (when its current) ? Or does it mean the full GC process is cancelled, which means you have to start with your labor again at later point of time?

    2) What are the real benefits of applying now for I-485 in my scenario? If I get married after the 485 is filed, it sounds like I am forced to anyway maintain my H1B till I get my spouse on H4. Also to apply for my spouse�s 485, my PD must be current at the time of filing. If not, then again I am forced to maintain my H1B till the dates become current.

    Just to summarize, it sounds like I have to anyway maintain my H1B till I apply for my spouse�s 485.
    So far, does it sound correct ? If not, please correct me..

    If the above is correct, why not I apply for 485 after I get married ? Is that a bad idea ? I know I could save about 6 months to an year (may be more in some cases) if I apply before the marriage, but then I am taking the risk of getting approved 485 before my marriage.

    Any thoughts?

    There are so many stages where you can apply the breaks. Like if you get your FP too soon..you can reschedule the date or even withdraw the I-485 application later. Other option is to convert to CP. There are so many options and talk to your attroney.

    I feel you should file now, try to do civil ceremony done in india in 30-45 days so you are safe.



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  • Aguilera Sienna Miller



  • raj2007
    06-16 01:07 AM
    Thanks for the information sharing that has been triggered by the marvelous move by INS by making the dates current....

    This may be a rudimentary question, before I ask this Q to my attorney, I wanted to get some information from the public who are in the same boat as I am...

    My PD is Dec 2005. I have 2 more years of valid H1B visa time.

    Lets assume that I apply for my 485 in a month or two and that I get my EAD by november. I hunt for my "right" partner and get married after november and I plan to get bring her to US of A... here are my Q's

    1) Is my H1 going to be valid after I get my EAD approved?
    Yes h1 will be valid.

    2) Do I "have" to use my EAD card and discard my H1 at all? Can I travel back and forth to India on my H1 even after I have my EAD?
    No you can still maintain both the status. H1 gt invalidated only if you use EAD for other job.


    3) Suppose that I bring my wife on a valid H4 through my H1 (even though I have my EAD - I am assuming that for question #1 & #2, the answer is 'YES')
    I can file her I485 as long as the dates are current (or current to my PD atleast). Now, in a case if the dates are not current, I can still have my H1 in a valid state so that my wife's status is not in jeopardy.... Now the big question is .... if my I485 gets approved without my priority dates getting current to my PD, what would be status of my wife?? Can this ever be possible?

    She can enter on H4 and it is not possible to get I-485 approcal with PD current.

    The gist of all my Q's is... can I maintain my H1 status and use that to bring my wife on H4 even though I have my EAD approved? Does having a EAD card pose any additional queries at port of entry and the american consulate when I apply for H4???

    No queries..it is very common so you will be OK.





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  • nixstor
    05-23 07:32 PM
    When I called Lucille Raybal Allard's office last week, a rep from the office had an extensive conversation with me about both the bills and they have not heard about them before. He recognized me when I called him back to check if they made a decision.

    Alright Folks, Let us not get distracted. We have lots of work to do.

    Santb,

    Right on. Thanks for confirming my hunch

    Folks,

    Watch out for stuff coming out after Memorial day. We will have more similar work to do.



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  • show off Sienna Miller#39;s,



  • miceelf88
    01-08 03:25 PM
    Bartely any movement for ROW either. How does the visa bulletin move to the state projected in the Jan bulletin.

    Does anyone know whether State's fiscal year ends in June or September?





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  • sc3
    08-11 02:52 PM
    I am wondering the same for 2002 applicants. I wonder if many people were approved in 2007 fiasco and if yes, then why PD is stuck at Nov 2001?

    I am also thinking the same that many might have been approved in 2007, because most of these applicants had a chance to apply before the gates were closed in 2005, and would have been approved in 2007. But 0 responses is still odd.

    The reasons for Nov 2001 PD could be due to backlog processing centers that held sway over these applicants (non-RIR cases), but by same yardstick, there still should be some cases in early 2002. Odd indeed (though a good kind of "odd", as we will get a welcome jump in dates once they ball starts rolling).



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  • Sienna Miller – Actress, Model



  • thomachan72
    10-27 12:58 PM
    Congrats alterego !

    Are you both physicians ? (the J-1's)

    Looking at your RD reminds me of a friend of mine who has a I-485 RD of Dec 2004, but he is in EB3. Unfortunately his NameCheck was not clear even in the July 2007 fiasco, the reason he is still not green !

    He and his wife recently sold their house and everything else and left their jobs and moved back to India! Enjoying themselves there while their I-485 application papers turn yellow !

    You paid 68K for legal and immigration fees... that is steeep man ! I wonder how...

    bought a car to visit the attorney :D:D





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  • gondalguru
    07-19 11:22 PM
    I submitted usps money orders for I-485 fees. Filed on july 2nd.

    Any way to find out if those money orders are enchashed or no?
    I did try google search and so far no answer.



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  • hair of Sienna Miller in



  • skg007
    08-18 01:00 PM
    What about people who did not file AC21. How do they prepare for Citizenship? Do they need to go back to the previous employer.:confused:





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  • red200
    01-17 12:01 PM
    What if they start screening EAD or GC guys and decide applications on the fact that at one point of time one has not maintained this rule and start denying.
    I dont think one would get any lead time to figure this out. if they(USCIS) decide to do so, Example is where the H1's were turned back at newark airport(Did they get any lead time. i dont think so)
    So the better thing is to understand first what the exact implications of this memo are and act now peace fully. atleast call ,send emails or some thing similar .



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  • London Fashion Week Spring



  • mbartosik
    12-13 11:59 PM
    How about we start donating services for the IV. I am ready to donate my time and use my energies to generate money for the IV. Ideas can be

    1. Shampoo your car ($20)
    2 Wash your car ($25)
    3 Donate personal DVD's to be rented out to fellow Desis ($2)
    4 Dinner and a Movie organized by state chapters. ($100)
    5 Collect Cans to recycle
    6 More Ideas


    Hey, dude, I hope that this was a joke :D

    Because I doubt that anyone willing to wash my car for a few bucks is highly skilled. Personally, I prefer, give 1 day of salary - that's way over $25, and far more effective (I get paid more than $25 for the time it takes to wash a car).


    [edited]
    Huum, I rather thing that it was not a joke. No offense intended.
    The dinner and movie is the best idea.
    Actually I think that the other ideas to be "less than optimal", thus I thought they were a joke.





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  • PlainSpeak
    04-20 02:45 PM
    dude, ignore her.

    Why waste your energy arguing with her?

    So you are agreeing with all the BS which getgreensoon1 is saying
    Man you guys need to grow up





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  • kumarc123
    01-11 10:30 AM
    IV core team is very active and working hard. Just because we do not see their posts on the forum does not mean they are not active. Aman Kapoor or Waldenpond- IV founder is very much active and working hard on this mission despite having his greencard. We have regular daily discussions as a team and he is one person I have seen who sleeps, drinks and live this effort all the time. He has spent his personal money to travel to DC and still takes time off from work to travel to DC on regular basis. Likewise there are others who are committed to this effort and are working hard on the tasks assigned to them. You see me most of the time writing on the forum because in the core team, this is the task assigned to me. I communicate with members. If we have everyone posting on the forum, it will not be a good use of our limited time off work on daily basis. Also know that IV is not forums. Just by writing on the forums, nothing ever gets done on the hill. There are several tasks that we have to do in this advocacy effort to get something done. You can see more regular updates on the donor forum on what we do behind the scenes. It takes lot of effort, commitment and patience to be active in this effort because results are not immediate or guaranteed. But with our efforts we have have had our successes and we are positive about the future successes. The key is to be consistent, persistent and passionate about this advocacy work. We need to understand that we as an organization represent hundreds of thousands of people suffering due to the broken immigration system despite following all the rules and being legal in this country. This long wait has caused lot of pain and suffereing in people's lives and careers. Everyday we feel the pressure of hopes of thousands of our members who look upto us with some ray of light. As leaders of this organization we carry this responsibility bravely every day on our shoulders and feel motivated from the support of our members and the passion we have for this cause.

    Pappu,
    Why dont you organize a rally, we will contribute and be their for the rally. We need to do something ASAP. I humbly request you and other core members to organize a rally and pick one day for sending flowers to either white house or USCIS. Also we can balck out our personal information and send our transcripts as well.

    Please organize a date, how about February14th, we will get more attention. Love for permanent residency, media will like the idea and broadcast it.





    willwin
    09-17 01:48 PM
    Not so fast...the bill language clearly indicates that the provisions of this bill will take effect from the first fiscal day of the new fiscal year after this bill becomes an act...so unless this bill is voted by the house and senate and then signed by the President before September 30th, we will not be seeing any benefit until the fiscal year starting October 1st, 2009. After the September session, Congress will convene again in November/December timeframe for a short session. If the bill does not get passed then, then come next January, it will be starting the process all over again as it will be a new year for the Congress. Just like green cards, Congress does not carry over bills from one year to the next.

    The effective date could be one of the amendments .... it is changeable.





    gc28262
    03-10 05:27 PM
    We are already exploring this route. You might have seen Pappu's response on two strategies we are exploring for break down by category/country of birth for every quarter.

    Please ask the person who ever worked with Senator Kyl's office to get in touch with us via PM.

    I would like to speak with this person asap to know more about the background behind this effort.

    I let him know by email. It seems he is not online right now. Pappu has his info.



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