Immigration Stories Of Week Oct 18 - 24 2009 - Illegal Alien Halloween Costume, Widow Panlty Bill
Welcome Back ! The best of the Immigration on web for the week -
- Advance Parole processing times take about 90 days, Make sure to plan ahead for travel to have all required documents to re-enter US
- Domestic Violence Victims who are not legal United States residents can gain eligibility for a so-called U visa & eventually path to the Green card
- Widow Penalty bill is at Obama's desk as previously passed by Congress - It is required that spouses be married for 2 years to US citizens before a surviving spouse may get GreenCard.
- Social Security Benefits for US Green Card Holders who returned to their home countries - {Always Inform SSA Office }
- Illegal Alien Halloween costume recalled from Target, Walgreens and Amazon.com
- #illegalAlien Halloween costume that s creating news - twitpic.com/ mr6mq (above picture)
Labels: Immigration
written by Kalyan @ 2:05 PM,
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Prefer Employment Based Immigrants over Family Citizenship
Obama administration is yet to discuss immigration reform in the first half of 2010. The independent report recommends skilled immigrants over family based citizenship.
Here is the quote from the Brookings report -
What does this translate to ? Washington Post gave the numbers -
Who benefits ? The skilled legal US immigrants who are on 8 to 10 years of waiting line for their green cards. All the employment based visa categories like EB2 and EB3 and who belong to India may get a little hope from this recommendation.
Here is the quote from the Brookings report -
Reorient Immigrant Admissions Criteria
We must reorient the nation’s immigrant admissions criteria to better serve Americans and our economic goals. Family unification should remain a bedrock principle of U.S. immigration policy, but we believe that “family” must be narrowed to mean nuclear family members. We must also recognize that in today’s increasingly competitive and technology-intensive global economy, educated workers with the knowledge and skills to innovate are critical. Therefore, we recommend increasing skilled visas and replacing per-country limits on skilled visas with a single overall limit. At the same time, we recommend holding constant, at least for the present, the overall number of permanent legal residents admitted annually.
What does this translate to ? Washington Post gave the numbers -
Closing the door to extended relatives and another 50,000 people admitted each year under a "diversity" lottery would make room to increase from 180,000 to 330,000 the number of skilled workers and their family members whom the U.S. could admit each year, the group said.
Who benefits ? The skilled legal US immigrants who are on 8 to 10 years of waiting line for their green cards. All the employment based visa categories like EB2 and EB3 and who belong to India may get a little hope from this recommendation.
Labels: Immigration, India
written by Kalyan @ 9:57 PM,
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Big Changes in India Business Visas
Indian government stepped up efforts to clean-up the business visa misuse by issuing new employment Business visa rules for foreigners visiting India on a business trip.
The new rules is going to effect 70,000 plus skilled and non skilled expatriates working in India. This move by Indian government seems to be along the similar lines of US H1-B visa restrictions. The foreign companies that have their multinational shops in India get effected by this move.
Source : Getting an Indian work visa will be tougher now, Govt tells expatriates on business visas to leave Gujarat
The new rules is going to effect 70,000 plus skilled and non skilled expatriates working in India. This move by Indian government seems to be along the similar lines of US H1-B visa restrictions. The foreign companies that have their multinational shops in India get effected by this move.
Source : Getting an Indian work visa will be tougher now, Govt tells expatriates on business visas to leave Gujarat
Labels: Immigration, India
written by Kalyan @ 9:13 PM,
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Ted Kennedy - Tributes To Immigration Champion
"Lion of Senate" - Ted Kennedy is no more but his legacy of immigration related laws changed many lives in US. One such law that changed US immigration is - "Immigration and Nationality Act of 1965".
The cosponsored law ended the preference of Canadians and Western Europeans as immigrants and allowed people from all parts of the world to come to America and get permanent residency (Green Card) based on their skills (EB1, EB2 and EB3 Categories) and family relations. The law abolished the quota system limiting immigration from Asia.
This law changed the percent of foreign born in US - In 1960 it was estimated that 5.4% of US population is foreign born of which majority are Europeans. In 2000, it was 11.1% of which only 16% are from Europe.
The loss of Edward "Ted" Kennedy is a big blow to all future US immigration reforms laws.
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The cosponsored law ended the preference of Canadians and Western Europeans as immigrants and allowed people from all parts of the world to come to America and get permanent residency (Green Card) based on their skills (EB1, EB2 and EB3 Categories) and family relations. The law abolished the quota system limiting immigration from Asia.
This law changed the percent of foreign born in US - In 1960 it was estimated that 5.4% of US population is foreign born of which majority are Europeans. In 2000, it was 11.1% of which only 16% are from Europe.
"Even this decade, Kennedy worked to establish guest worker programs that would allow illegal immigrants to come out of the shadows without fear of the wrath of the crazier elements of society."
The loss of Edward "Ted" Kennedy is a big blow to all future US immigration reforms laws.
Labels: GreenCard, Immigration
written by Kalyan @ 1:44 AM,
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USCIS Surprise H1-B Visa Employers Visits
In order to step up and stop H1-B visa fraud and misuse, CIO is reporting in this post that USCIS is doing surprise audits.
USCIS will ask Couple of checklist questions about the sponsored H1-B visa employee and the manager (employer) has to answer those USCIS posed questions. All this sudden surprise visits is to avoid current 21% of H1-B visa petitions violating on H1-B program rules.
One good news of the whole article is that like DOL "the USCIS has no statutory or regulatory authority to enter the workplace of H-1B and L-1 visa holders. And investigators do not arrive with search warrants or subpoenas"
USCIS will ask Couple of checklist questions about the sponsored H1-B visa employee and the manager (employer) has to answer those USCIS posed questions. All this sudden surprise visits is to avoid current 21% of H1-B visa petitions violating on H1-B program rules.
One good news of the whole article is that like DOL "the USCIS has no statutory or regulatory authority to enter the workplace of H-1B and L-1 visa holders. And investigators do not arrive with search warrants or subpoenas"
Labels: H1-B, Immigration
written by Kalyan @ 10:57 PM,
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EB2 Dates Advanced September Visa Bulletin 2009
There is some positive news for India EB2 category in September 2009 Visa Bulletin released on August 13, 2009. For both India and China the dates advanced to 08 January 2005. The previous date was 1 October 2003 for EB2 category for August 2009 bulletin.
EB3 continues to be in unavailable state and is expected to remain until the fiscal year ends in October 2009.
Here is the current visa bulletin link.
For those of you who are wondering what this dates are? These are the processing times for Green Card. US immigration department is issuing Green cards for those who submitted their applications in January 2005 in advanced degree category. Bottom line there is a four year wait for getting Green Cards.
EB3 continues to be in unavailable state and is expected to remain until the fiscal year ends in October 2009.
Here is the current visa bulletin link.
For those of you who are wondering what this dates are? These are the processing times for Green Card. US immigration department is issuing Green cards for those who submitted their applications in January 2005 in advanced degree category. Bottom line there is a four year wait for getting Green Cards.
Labels: Immigration
written by Kalyan @ 11:41 AM,
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Why 20,000 H1-B visas Remains Unfilled in 2009 ?
The US recession is hitting the once sought after H1-B visas. The usual 65000 H1-B visa caps got filled in less than week in previous years. In year 2009 USCIS (US Citizenship and Immigration Services) reports only receival of 49000 H1-B visa applications.
Here are some reasons for the vacant 20,000 H1-B visas -
> Strict H1-B processing made USCIS reject many of H1-B visa applications
> Falling unemployment rate in US posed problems for US employers to file H1-B visas. Also non-immigrants waiting for the recession to be over to apply for H1-B visas.
> Feds cracking down on 11 people in six state for H1-B abuses. An in depth review of abuse is here at arstechnica.
Here are some reasons for the vacant 20,000 H1-B visas -
> Strict H1-B processing made USCIS reject many of H1-B visa applications
> Falling unemployment rate in US posed problems for US employers to file H1-B visas. Also non-immigrants waiting for the recession to be over to apply for H1-B visas.
> Feds cracking down on 11 people in six state for H1-B abuses. An in depth review of abuse is here at arstechnica.
Labels: Immigration
written by Kalyan @ 11:39 PM,
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May 2009 Visa Bulletin India Dates - EB3 Unavailable
In May 2009 Visa bulletin the bad news came too early , May 2009 bulletin retrogressed India Employment Third preference to unavailable cut-off date which clearly indicates demand for EB3 numbers - (AOS)adjustment of status cases. May 2009 Bulletin released reflected the big drop not only for India but also to other countries EB3 category as "Unavailable" where as EB2 category for India is at 15FEB04. Remind you that this is just half of the fiscal year for visa numbers and this demand puts water on the hopes of many who are waiting to get US Green Cards.
This is unexpected and is reported by all immigration lawyers that they have NOT seen such thing happened so early in all of their career.
Shusterman writes :
And it should be noted that USCIS would not stop sending RFEs for all pending i-485 cases even though the EB3 category becomes unavailable. So expect RFEs sent to your employer during these visa numbers "unavailable" times too.
All the best for those who are waiting for dates to become current.
Why did EB3 become unavailable so early May Bulletin?
This is unexpected and is reported by all immigration lawyers that they have NOT seen such thing happened so early in all of their career.
Shusterman writes :
This is the earliest that the category has become unavailable in my 33 years of practicing immigration law
And it should be noted that USCIS would not stop sending RFEs for all pending i-485 cases even though the EB3 category becomes unavailable. So expect RFEs sent to your employer during these visa numbers "unavailable" times too.
All the best for those who are waiting for dates to become current.
Labels: 2009, GreenCard, H1-B, Immigration, India
written by Kalyan @ 8:25 PM,
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Huge Drop in H1-B Visa Applications
After first week of opening visa applications, USCIS (U.S. Citizenship and Immigration Services) reports that it received only 42,000 H!-B visa applications from foreigners for high skill jobs in US. The total available visas are 65000. Last year the cap of 65K is reached within few days.For year 2008 USCIS received 163,000 H1-B applications.
The fall of economy and no signs of recovery may be the reasons for drop in demand for US work visas. The companies who took government bail out money is restricted not to hire foreign workers in H1-B visas. This may be one of the causes that is effecting in the reduction of H1-B visa applicants.
But advanced degree quota of 20,000 visas are filled up fast. These work visas are for students who completed MS or other graduate degrees in US.
Source : Economic Times , PTINews
Labels: 2009, GreenCard, H1-B, Immigration, India
written by Kalyan @ 8:20 PM,
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US Senators seeking H1-B visa review of 25 MNCs
Two US senators - Richard Durbin (Democrat-Illinois) and Charles Grassley (Republican-Iowa) are asking 25 MNCs of how they have used H1-B visas. Their major concern is that H1-Bs are used to outsource American jobs. Replacement of American workers is unjustified and needs much bigger oversight. The H1-B quota increase is highly opposed as Unemployment rate hit the lowest since 1983.
Their letter of inquiry had been sent to the following 25 MNC companies—Infosys Technologies Ltd., Wipro Limited, Satyam Computer Services Ltd., Cognizant Tech Solutions, Microsoft Corp., Tata Consultancy Services Ltd., Patni Computer Systems Inc., US Technology Resources Llc., I-Flex Solutions Inc., Intel Corp., Accenture Llp., Cisco Systems Inc., Ernst & Young Llp., Larsen & Toubro Infotech Ltd., Deloitte & Touche Llp., Google Inc., Mphasis Corp., University of Illinois at Chicago, American Unit Inc., Jsmn International Inc., Objectwin Technology Inc., Deloitte Consulting, Prince Georges County Public Schools, JPMorgan Chase & Co. and Motorola Inc.
Source : High US Jobless rate prompts Visa review
Labels: Immigration, India
written by Kalyan @ 8:14 PM,
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Two Indians in US Pittsburgh Pirates Baseball team
This is a 9 minute short video showing the journey of two young Indians who never played baseball in all their life made it to Pittsburgh Pirates team.
Labels: Immigration, India
written by Kalyan @ 12:06 PM,
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Greencards to those who buys US houses - A proposal
How to get rid of 2.4 million houses on the US market and put an end to US housing crisis ? Give Greencards to foreigners who buys these US houses say this WSJ post. The condition proposed is to become temporary resident initially when they buy houses and only after five years they become permanent residents. It is similar to EB-5 visa type except that investment is in houses.
How many potential foreigners are there who can invest in US houses -
Does this solution work or create more immigration problems ?
Isn't this the same model that financial brains invented in housing boom times to achieve the current painful recession. Grouping all the houses as mortgage backed securities and selling it to the investors (either foreign or local). Everyone is happy when house prices increased and when their value fell, the century old investment banks (Bear & Stearns, Lehman Brothers) disappeared from the papers.
How many potential foreigners are there who can invest in US houses -
Merrill Lynch estimates that in 2007 there were 10.1 million individuals in the world, 7.1 million outside the U.S., with at least $1 million in financial assets that totaled $29 trillion. If new immigrants bought the 2.4 million excess houses at today's $184,000 median price with funds from abroad, they would bring untold billions. The immigrants would also buy consumer goods, pay taxes, and start many new businesses.
Does this solution work or create more immigration problems ?
Isn't this the same model that financial brains invented in housing boom times to achieve the current painful recession. Grouping all the houses as mortgage backed securities and selling it to the investors (either foreign or local). Everyone is happy when house prices increased and when their value fell, the century old investment banks (Bear & Stearns, Lehman Brothers) disappeared from the papers.
Labels: Immigration, India
written by Kalyan @ 10:13 PM,
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How to Extend H1-B beyond 6 years if PERM is not filed ?
This is difficult immigration question what if H-1B holder is in his/her sixth year (last year) and a PERM case is not filed on his/her behalf? Can Immigrant live in US for another few years?
Yes you can says this news. Basically get away from H1-B status and remain in other status say H1-B or a student visa like F1. File PERM and then wait for a year and get back to H1-B visa status where an eligibility extension is possible.
But make sure the changing status to other visa types is not a time taking process otherwise one would go out of status after six years.
The site lists all other possible visa categories that a person can use to move away from H1-B :
Have you been in this situation and Are ther any other alternatives than moving away from H1-B status? Please share with us
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Yes you can says this news. Basically get away from H1-B status and remain in other status say H1-B or a student visa like F1. File PERM and then wait for a year and get back to H1-B visa status where an eligibility extension is possible.
But make sure the changing status to other visa types is not a time taking process otherwise one would go out of status after six years.
The site lists all other possible visa categories that a person can use to move away from H1-B :
B-1 or B-2 (temporary visitors), E-1 and E-2 (owners or workers with trade or investor visas), F-1 (students), H-3 (trainees), J-1 (international exchange visitors), L visas and more. Of course, not all of these categories will be available to all aliens, and even when available, they may not necessarily authorize employment.
Have you been in this situation and Are ther any other alternatives than moving away from H1-B status? Please share with us
Labels: Immigration
written by Kalyan @ 1:08 AM,
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Greencard typo costs driver's license
Karla Cunningham's Greencard has one mis-typed letter that almost costed her Indiana's driver's license. Fox reports that Karla, a Jamaican citizen became US permanent resident at age 5. She had in her name one letter mistyped - instead of Karla, the greencard has it karia. ("L" instead of "i"). The trouble started when she relocated from Kentucky state to Indian state.
As per Indian state rules , she applied for driving license that's where her application was denied because of a typo in her green card. This case highlights how important are the names on identification cards like - Greencard. For Karla it took almost a year to resolve this issue with the DMV.
Make sure all your names (including the long Indian family names) are correct on Greencards. Otherwise we very know how crippled the working person in US is without a valid driving license.
Related posts : Wrong name on EAD , 485 , Advance Parole documents
As per Indian state rules , she applied for driving license that's where her application was denied because of a typo in her green card. This case highlights how important are the names on identification cards like - Greencard. For Karla it took almost a year to resolve this issue with the DMV.
Make sure all your names (including the long Indian family names) are correct on Greencards. Otherwise we very know how crippled the working person in US is without a valid driving license.
Related posts : Wrong name on EAD , 485 , Advance Parole documents
Labels: GreenCard, Immigration, tips
written by Kalyan @ 10:40 PM,
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GreenCard Holders fingerprinted from January 18 2009 at Port of Entry
US-VISIT (United States Visitor and Immigrant Status Indicator Technology) was a program implemented in year 2003 that fingerprints and photographs non-immigrants at the US border and that helped immigration officials to remove document fraud done by immigrants.
From 2003 to till date, US-VISIT took the information from non-immigrant visa holders like H1-B, B1, F1 visa types. But from January 18 2009 - DHS (Department Of Homeland Security) is making it mandatory for even permanent residents (or Green Card holders) to be fingerprinted and photographed at the border. Persons paroled into the US meaning I485 applicants like ones holding Advance Paroles have to submit fingerprints. Privacy groups are raising concerns with the whole technology right from its inception in 2003.
Here is DHS News release - Expansion of US-VISIT to other non-US citizens categories-
From 2003 to till date, US-VISIT took the information from non-immigrant visa holders like H1-B, B1, F1 visa types. But from January 18 2009 - DHS (Department Of Homeland Security) is making it mandatory for even permanent residents (or Green Card holders) to be fingerprinted and photographed at the border. Persons paroled into the US meaning I485 applicants like ones holding Advance Paroles have to submit fingerprints. Privacy groups are raising concerns with the whole technology right from its inception in 2003.
Here is DHS News release - Expansion of US-VISIT to other non-US citizens categories-
Additional non‑U.S. citizens required to provide biometrics are:
* Lawful permanent residents of the United States (LPRs);
* Persons entering the United States who seek admission on immigrant visas;
* Persons entering the United States who seek admission as refugees and asylees;
* Canadian citizens who are currently required to obtain a Form I-94, Arrival / Departure Document upon entry or require a waiver of inadmissibility to enter the United States (This excludes most Canadian citizens entering the United States for purposes of shopping, visiting friends and family, vacation or short business trips);
* Persons paroled into the United States; and
* Persons applying for admission under the Guam Visa Waiver Program.
Labels: GreenCard, H1-B, i485, Immigration
written by Kalyan @ 1:40 AM,
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January 2009 Visa Bulletin India dates
The January 2009 visa bulletin is posted by Mumbai consulate today. EB2 advanced by 1 month EB3 dates 15 days - EB2 dates are now 1 July 2003 where as EB3 its 15 October 2001. There are no surprises as holidays and November, December bulletins showed no signs of any big advancement. For US employment based GC applications these dates are very important for persons to go to next stage of US green card process.
Obama is electing US border state Arizona Gov. Janet Napolitano to head Homeland Security department. Also the immigration is in top 10 list of Obama administration. So we may see some progress when Obama official starts office on january 20 2009.
Visa bulletin can be found here.
Note : E1, E2, E3 dates are employment based categories-
Related posts :
> USA Immigration Greencard Reform Proposals
Obama is electing US border state Arizona Gov. Janet Napolitano to head Homeland Security department. Also the immigration is in top 10 list of Obama administration. So we may see some progress when Obama official starts office on january 20 2009.
Visa bulletin can be found here.
Note : E1, E2, E3 dates are employment based categories-
Related posts :
> USA Immigration Greencard Reform Proposals
Labels: Immigration, India, visa bulletin
written by Kalyan @ 2:38 AM,
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H1B, Offshoring - Top 2008 IT trend
Zdnet rated Offshoring, H1-Bs as top IT trends for year 2008.
Two different contradicting stories on H1-Bs are highlighted in ZdNet article - 1) High wage IT jobs moving to low wage countries like India 2) US employers finding shortage of IT professions to hire in US.
There has been reports that employers are abusing H1-B system by hiring foreign workers at low wages though US workers are available for same position.
Besides H1-B, Other trends include, 1) IT is surviving the current financial crisis, 3) Go virtual and mobile office to realize cost savings for employers. 4) "Green IT" theme picking up slowly. 5) PCs become efficient and cheaper.
Two different contradicting stories on H1-Bs are highlighted in ZdNet article - 1) High wage IT jobs moving to low wage countries like India 2) US employers finding shortage of IT professions to hire in US.
There has been reports that employers are abusing H1-B system by hiring foreign workers at low wages though US workers are available for same position.
Besides H1-B, Other trends include, 1) IT is surviving the current financial crisis, 3) Go virtual and mobile office to realize cost savings for employers. 4) "Green IT" theme picking up slowly. 5) PCs become efficient and cheaper.
Labels: Immigration, India, Technology
written by Kalyan @ 12:06 AM,
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Pentagon hiring foreign doctors & nurses on visas
A 1000 non-US doctors & nurses living in USA gets chance to serve in America's military as released in news by US Pentagon senior officials. The caveat is that the health care professionals must be in US and have legal visas (H1-B or may be even H4 may be considered since its a spouse visa) and work permits (EADs).
What specialty skills Pentagon is looking for ? All nursing specialists and for doctors - neuro surgeons, family practitioners, dermatologists and some other specialties. The department is looking to focus on foreign nationals who has foreign language skills and can speak multiple languages.
Currently 29000 non US citizens are in US military who automatically gets Green card for serving in military.
What specialty skills Pentagon is looking for ? All nursing specialists and for doctors - neuro surgeons, family practitioners, dermatologists and some other specialties. The department is looking to focus on foreign nationals who has foreign language skills and can speak multiple languages.
Currently 29000 non US citizens are in US military who automatically gets Green card for serving in military.
Labels: Deals, Immigration, India, Nurse, Visa
written by Kalyan @ 8:31 PM,
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Immigration ranked #8 priority for Obama Administration
WSJ first annual CEO Council identified and ranked the 18 priorities list facing the Obama when he starts the office in January.
Immigration reform is #8 of the list. Arizona Gov. Janet Napolitano name has been mentioned as probable DHS (Department of Homeland Security) head. Napolitano is a strong advocate of increasing H-1B visas and for "immigration reforms" this is good which may boost the discussions and eventually may get good visibility in the following list.
Here is top 18 list -
* FISCAL STIMULUS
* EDUCATED WORKFORCE
* ECONOMIC VISION
* COMPREHENSIVE ENERGY/ENVIRO POLICY:
* LONG-TERM TAX POLICY
* CORPORATE TAX RATE
* DEFINE VALUE, REFORM PAYMENT
* EXPAND IMMIGRATION OPPORTUNITIES: Expand Visa and Greencard
programs to allow talented foreign nationals who have studied in
the U.S. to remain in the U.S. and to allow talent recruitment
abroad.
* NEW TRADE AGENDA
* TORT REFORM
* REGULATORY OVERHAUL
* FIGHT OBESITY
* ELECTRIC CARS
* UNIVERSAL HEALTH INSURANCE
* DECARBONIZE POWER SECTOR
* ENERGY EFFICIENCY
* BUILD HEALTHCARE WORKFORCE
* BUY ILLIQUID ASSETS
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Immigration reform is #8 of the list. Arizona Gov. Janet Napolitano name has been mentioned as probable DHS (Department of Homeland Security) head. Napolitano is a strong advocate of increasing H-1B visas and for "immigration reforms" this is good which may boost the discussions and eventually may get good visibility in the following list.
Here is top 18 list -
* FISCAL STIMULUS
* EDUCATED WORKFORCE
* ECONOMIC VISION
* COMPREHENSIVE ENERGY/ENVIRO POLICY:
* LONG-TERM TAX POLICY
* CORPORATE TAX RATE
* DEFINE VALUE, REFORM PAYMENT
* EXPAND IMMIGRATION OPPORTUNITIES: Expand Visa and Greencard
programs to allow talented foreign nationals who have studied in
the U.S. to remain in the U.S. and to allow talent recruitment
abroad.
* NEW TRADE AGENDA
* TORT REFORM
* REGULATORY OVERHAUL
* FIGHT OBESITY
* ELECTRIC CARS
* UNIVERSAL HEALTH INSURANCE
* DECARBONIZE POWER SECTOR
* ENERGY EFFICIENCY
* BUILD HEALTHCARE WORKFORCE
* BUY ILLIQUID ASSETS
Labels: Barack Obama, H-1B visa, Homeland Security Department, Immigration, India, Janet Napolitano
written by Kalyan @ 2:27 AM,
,
USA Immigration Greencard Reform Proposals
Attorney Mike Templo writes in abs-cbn news recaps all the proposals that are still pending with US Senate for approval. This bill as we most of us know is “The Comprehensive Immigration Reform Act of 2007”. Now that US elections are over we may see some progress in year 2009.
The main proposals of this bill are :
> The Z visa - Eight years illegal immigrants in US can apply for Greencard by paying $2000 fine.
> Point system - The Canadian point system is mimicked to replace current EB1, EB2, EB3 based employment based green card. We know how much painful the current system is that it is taking 11 to 16 years for a computer engineer from India to get greencard for skilled workers.Points are awarded based on the level of education (Graduate or High school), work experience, English language skills, family connections, and job offer. The current perm labor certification process would be eliminated.
> Guest worker program - A two years "Y" visa for illegal workers.
Related posts : If you want to know the painful greencard process and wait times. Look at this previous post - USA immigration flowchart for greencard
The main proposals of this bill are :
> The Z visa - Eight years illegal immigrants in US can apply for Greencard by paying $2000 fine.
> Point system - The Canadian point system is mimicked to replace current EB1, EB2, EB3 based employment based green card. We know how much painful the current system is that it is taking 11 to 16 years for a computer engineer from India to get greencard for skilled workers.Points are awarded based on the level of education (Graduate or High school), work experience, English language skills, family connections, and job offer. The current perm labor certification process would be eliminated.
> Guest worker program - A two years "Y" visa for illegal workers.
Related posts : If you want to know the painful greencard process and wait times. Look at this previous post - USA immigration flowchart for greencard
Labels: Immigration, India
written by Kalyan @ 10:28 PM,
,
December 2008 Visa Bulletin EB2, EB3 dates unchanged
The December 2008 visa bulletin is released by USCIS today and to no surprise the dates are unchanged compared to November 2008. EB2 dates are 1 June 2003 where as EB3 its 1 October 2001. These dates are important for persons who are in green card process so that they can go to next stage of green card process.
The only surprise is that this months bulletin is released little early of the month. This kinds of gives idea that probably USCIS is having good prediction of numbers and we may not see any significant changes going into next year.
Now that elections are over we should see some long pending bills may get some breathing air
Visa bulletin can be found here
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The only surprise is that this months bulletin is released little early of the month. This kinds of gives idea that probably USCIS is having good prediction of numbers and we may not see any significant changes going into next year.
Now that elections are over we should see some long pending bills may get some breathing air
Visa bulletin can be found here
Labels: eb-2, eb-3, GreenCard, Immigration, USCIS, visa bulletin
written by Kalyan @ 8:34 PM,
,
H1-B visas - McCain ranks better than Obama on policies
Wired did analysis on hot election issues where Barack Obama and John McCain say, and what have they done, about some of hot policies in US 2008 elections.
H1-B visas policy McCain is graded B+ when Obama got a C. The issue is the small number of H1-B quotas (65,000) making it difficult for US companies to hire skilled workers from outside of US.
Here is how two candidates fared on this issue -
McCain - He is in favor to expand the number of H1-B visas and he want to retain the top notch foreign skilled workers graduated in US schools.
Obama - Only a temporary increase and he is critical of highly skilled immigrants taking away American jobs. Only a stopgap measure until the industry requirements are met.
H1-B visas policy McCain is graded B+ when Obama got a C. The issue is the small number of H1-B quotas (65,000) making it difficult for US companies to hire skilled workers from outside of US.
Here is how two candidates fared on this issue -
McCain - He is in favor to expand the number of H1-B visas and he want to retain the top notch foreign skilled workers graduated in US schools.
Obama - Only a temporary increase and he is critical of highly skilled immigrants taking away American jobs. Only a stopgap measure until the industry requirements are met.
Labels: 2008 Elections, H1-B, Immigration, McCain, Obama
written by Kalyan @ 11:58 PM,
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Can Person on EAD start a business in US ?
This is the situation of entrepreneur - EB2 and filed AOS received EAD (Employment Authorization Document). Is it possible for a person on EAD status to own a business and work as CEO of their own business ? Probably not as EAD For employment based green cards, the green card applicant uses AC21 and may use his/her EAD to work in a similar job that was filed in I140 case.
Here is great discussion from a post by stevesmith155 in Hacker News. Few options that seems possible from comments are -
1) Use o-1 visa - Something similar to EB1 and who qulifies as extroadinary people.
2) Set up a company in India and use B1 visas for visits to US and basically forgo green card in us
I feel if the guy is married the other option would be to incorporate a company name on spouse name as spouse should have got EAD.
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Here is great discussion from a post by stevesmith155 in Hacker News. Few options that seems possible from comments are -
1) Use o-1 visa - Something similar to EB1 and who qulifies as extroadinary people.
2) Set up a company in India and use B1 visas for visits to US and basically forgo green card in us
I feel if the guy is married the other option would be to incorporate a company name on spouse name as spouse should have got EAD.
Labels: EAD, Entrepreneurship, Immigration
written by Kalyan @ 10:45 PM,
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November 2008 Visa Bulletin EB2, EB3 dates advanced by just two months
Not a great news again. The November 2008 visa bulletin is released by Mumbai consulate. Dates have advanced only by couple of months. As per Mumbai consulate web page for EB2 dates are 1 June 2003 where as for EB3 it is 1 October 2001. In October visa bulletin EB2 dates are retrogressed to 1 April 2003 where as for EB3 it is 1 July 2001.
Here is Mumbai consulate's November 2008 visa bulletin dates:
Predictions were that EB2 and EB3 dates will advance significantly as the October month gives some idea to USCIS where they stand on visa numbers. Looks like USCIS is still unclear of visa number predictions for November 2008 as they advanced to 2 months.
To confirm visa bulletin dates for November 2008, keep checking USCIS state visa bulletin -
I feel in November 2008 USCIS will get good idea of visa number predictions and so they can advance dates significantly for December 2008What do you think will happen to December 2008 visa bulletin dates ?
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Here is Mumbai consulate's November 2008 visa bulletin dates:
| Category | India | Most Other Countries |
| F1 | 1 May 2002 | 1 May 2002 |
| FX | 15 July 2001 | 15 July 2001 |
| F2A | 8 Februrary 2004 | 8 February 2004 |
| F2B | 15 January 2000 | 15 January 2000 |
| F3 | 1 July 2000 | 1 July 2000 |
| F4 | 22 July 1997 | 15 November 1997 |
| E1 | Current | Current |
| E2 | 1 June 2003 | Current |
| E3 | 1 October 2001 | 1 May 2005 |
| EW | 15 Janurary 2003 | 15 Janurary 2003 |
| E4 | Current | Current |
| E4-Religious | Current | Current |
Predictions were that EB2 and EB3 dates will advance significantly as the October month gives some idea to USCIS where they stand on visa numbers. Looks like USCIS is still unclear of visa number predictions for November 2008 as they advanced to 2 months.
To confirm visa bulletin dates for November 2008, keep checking USCIS state visa bulletin -
I feel in November 2008 USCIS will get good idea of visa number predictions and so they can advance dates significantly for December 2008What do you think will happen to December 2008 visa bulletin dates ?
Labels: eb-2, eb-3, Immigration, USCIS, visa bulletin
written by Kalyan @ 11:33 AM,
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Diversity Visa online Lottery 2010 ends December 1 2008
The diversity lottery 2010 makes available 50,000 permanent resident (or GreenCard) visas annually to persons from countries with low rates of immigration to the United States. The 60-day application period started on October 2' 2008 and ends on noon December 1 2008. Approximately up to 10 million online applications are expected from six geographic regions with a maximum of seven percent available to persons born in any single country.
Countries excluded from DV-2010 lottery visas are -- Natives of the following Asian countries are not eligible for this year’s diversity program: China (mainland-born), India, Pakistan, South Korea, Philippines, and Vietnam. Hong Kong S.A.R and Taiwan do qualify and are listed above. Macau S.A.R. also qualifies and is listed below (Europe).
Once the applicants get a lottery visa then at the visa interview a proof of high school education and two years of work experience in the past five years are required for person to qualify and get a GC through DV program.
In DV-2009 lottery Bangladesh got 6,023 PR visas through DV lottery from Asia geographic region followed by Nepal 1,891 and with Iran taking 1,689 visas.
Make sure you access only http://www.travel.state.gov for DV-2010 online applications. As there has been instances of con artists creating fake websites as written on travel.state.gov website.
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Countries excluded from DV-2010 lottery visas are -- Natives of the following Asian countries are not eligible for this year’s diversity program: China (mainland-born), India, Pakistan, South Korea, Philippines, and Vietnam. Hong Kong S.A.R and Taiwan do qualify and are listed above. Macau S.A.R. also qualifies and is listed below (Europe).
Once the applicants get a lottery visa then at the visa interview a proof of high school education and two years of work experience in the past five years are required for person to qualify and get a GC through DV program.
In DV-2009 lottery Bangladesh got 6,023 PR visas through DV lottery from Asia geographic region followed by Nepal 1,891 and with Iran taking 1,689 visas.
Make sure you access only http://www.travel.state.gov for DV-2010 online applications. As there has been instances of con artists creating fake websites as written on travel.state.gov website.
Labels: GreenCard, Immigration, lottery, United States, visas
written by Kalyan @ 7:54 PM,
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Online Immigrant detention video game
Breakthrough - the international human rights org in New York created a visual representation with an online video game of what the immigrant detentions looks like. The NYTimes writes that game is inspired from the death of Guinean tailor who died in custody in New Jersey jail when he was serving for overstaying on his visa.
The website has stories of Detainees with videos -- This is one video where one permanent resident seems to have asked a picture to be taken in front of a factory plant which landed himself in deep detention problems.
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The website has stories of Detainees with videos -- This is one video where one permanent resident seems to have asked a picture to be taken in front of a factory plant which landed himself in deep detention problems.
Labels: Breakthrough, Human rights, Immigration
written by Kalyan @ 1:03 AM,
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US Immigration flowchart for Greencard and Citizenship takes up to 16 years
What it takes to become an US immigrant ?
Here are some of the (long waiting) routes :
Family Sponsorship:
Relative is a US citizen
a) Spouse or minor child -- Greencard - 3 to 5 years, Citizenship - 6 to 7 years
b) For all other family sponsorships -- Green card - 7 to 15 years (Married adult children) and 11 to 22 years (Siblings of US citizens), Citizenship -- 12 to 28 years
Relative is a Lawful Permanent Resident:
a) Spouse or minor child -- Green card - 6 years, Citizenship - 11 to 13 years
b) For all other family sponsorships -- Green card (only if they are single) - 9 to 14 years, Citizenship - 14 to 20 years
Skilled Immigrants:
a) Extremely genius or star athletes or investor with $1 million -- Green card - 5 to 6 years, Citizenship - 6 to 7 years
b) Skilled worker with college degree in specialty occupation (Computer engineers or nurses) -- Green card - 6 to 10 years, Citizenship - 11 to 16 years
If you are a computer engineer from India then it may take 11 to sweet 16 years to become a US citizen.
Here is the flowchart explanation from Reason of getting into long line with a fresh face only to get waited in the long lines of years and coming out with grown and aging beards.
Kudos to the Reason and Mike Flynn, Shikha Dalmia & Terry Colon for putting together this wonderful immigration chart that clears up all doubts that any one might have on the US immigrations process with caricatures of a Indian Singh or a Mexican.
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Here are some of the (long waiting) routes :
Family Sponsorship:
Relative is a US citizen
a) Spouse or minor child -- Greencard - 3 to 5 years, Citizenship - 6 to 7 years
b) For all other family sponsorships -- Green card - 7 to 15 years (Married adult children) and 11 to 22 years (Siblings of US citizens), Citizenship -- 12 to 28 years
Relative is a Lawful Permanent Resident:
a) Spouse or minor child -- Green card - 6 years, Citizenship - 11 to 13 years
b) For all other family sponsorships -- Green card (only if they are single) - 9 to 14 years, Citizenship - 14 to 20 years
Skilled Immigrants:
a) Extremely genius or star athletes or investor with $1 million -- Green card - 5 to 6 years, Citizenship - 6 to 7 years
b) Skilled worker with college degree in specialty occupation (Computer engineers or nurses) -- Green card - 6 to 10 years, Citizenship - 11 to 16 years
If you are a computer engineer from India then it may take 11 to sweet 16 years to become a US citizen.
Here is the flowchart explanation from Reason of getting into long line with a fresh face only to get waited in the long lines of years and coming out with grown and aging beards.
Kudos to the Reason and Mike Flynn, Shikha Dalmia & Terry Colon for putting together this wonderful immigration chart that clears up all doubts that any one might have on the US immigrations process with caricatures of a Indian Singh or a Mexican.
Labels: GreenCard, H1-B, Immigration
written by Kalyan @ 3:20 PM,
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Lindsay and Samantha - Green Card won't get renewed if Palin becomes VP
Image by Rachel Kramer Bussel via FlickrSamantha Ronson girlfriend of actress Lindsay Lohan is a British native born in London, England now lives in US on green card. Both are ardent supporters of Obama and since Samantha can't vote she writes that if Palin comes into power her green card may not get renewed. Its not just techies that have problems but even star have green card renewal problems.From Samantha Ronson's myspace post:
Lindsay- "I have faith that this country will be all that it can be with the proper guidance. I really hope that all of you make your decisions based on the facts and what feels right to you in your heart-vote for obama!"
Samantha- "I love this country- however i wasn't born here and don't have the right to vote- so i beg of you all to really do your research and be educated when you cast your vote this coming november.... and if you're in doubt- vote for obama! Mainly because if she gets elected my green card probably won't get renewed!!!"
xoxo,
Lindsay and Samantha
Samantha Ronson and Lindsay Lohan are rumoured to be having a romatic relationship and that should get Samantha her citizenship if true. ( No idea what the laws are for same sex marriages and immigration policies)
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Labels: Barack Obama, green card, Immigration, lindsaylohan, London, Samantha Ronson
written by Kalyan @ 6:57 PM,
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DOL Calls Off Fragomen Audit On Perm Applications
Good News !! For law firms ( more good news for Fragomen), Employers and employees can be now worry free as DOL decided to put an end to the audit it started on labor applications filed by a law firm.I wrote in my previous post the brewing controversy between DOL and Fragomen in perm application. DOL issued guidance bulletin on June 13 supporting the stand that employers should involve in validating immigrant employee's qualifications and not the lawyers.
In the latest developments in DOL vs. Fragomen issue reached climax today with DOL calling off the audit as reported in WSJ law blog. The reasoning is that DOL's own prior rulings had created confusion about the proper role of immigration attorneys in the green-card application process. Now Fragomen and other law firms can breathe as the fight is over. Fragomen followed the DOL's guidance when both employer and employee is sponsored. The DOL has clarified that going forward its regulations will apply to firms that represent only an employer.
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Labels: Fragomen, Immigration, labor, PERM. GreenCard
written by Kalyan @ 4:58 PM,
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Canada, Australia benefits US H1-B visa reductions
Obama has touched on a sensitive and valid unemployment issue. Job losses is blamed on immigrants. Serial stream of bad news from Bears n Stearn's to Fannie Mae n Freddie Mac to Lehman brothers is further deteriorating the US job situation.
In the article "The Bitter Taste of Bigotry", it is rightly said that one man's loss in another's gain.
Canada immigration is made much simpler that within 1 year with sufficient points based on higher education a Canadian PR (permanent Residency) status can be achieved and after three years the immigrant becomes Canadian citizen. Australia has similar system within two years of PR one can become Aussies citizen.
Compare this to PR (Green Card) in US which is now taking eight painful years compounded with H1-B visas reduction and a lottery system to get H1. Citizenship is another five more years. To become an immigrant a total of thirteen years are required so that would be 1/5th of immigrants life (assuming 65 years of stressful life) spent in this cycle.
To sum up - America’s loss is another country’s gain.
In the article "The Bitter Taste of Bigotry", it is rightly said that one man's loss in another's gain.
Thousands of engineers and computer scientists arrive in America yearly to fuel high-tech businesses. Silicon Valley is filled with startups founded by immigrants, like Vinod Khosla’s Sun Microsystems and Sergey Brin’s Google. Astonishingly, Congress has actually reduced the number of special H1-B visas given to foreign workers, which allow American companies to import guest workers with highly specialized knowledge. As a result, many of these workers move to countries with more liberal immigration policies, like Canada and Australia. In these cases, America’s loss is another country’s gain.
Canada immigration is made much simpler that within 1 year with sufficient points based on higher education a Canadian PR (permanent Residency) status can be achieved and after three years the immigrant becomes Canadian citizen. Australia has similar system within two years of PR one can become Aussies citizen.
Compare this to PR (Green Card) in US which is now taking eight painful years compounded with H1-B visas reduction and a lottery system to get H1. Citizenship is another five more years. To become an immigrant a total of thirteen years are required so that would be 1/5th of immigrants life (assuming 65 years of stressful life) spent in this cycle.
To sum up - America’s loss is another country’s gain.
Labels: Australia, Canada, green card, H1-B, Immigration, India
written by Kalyan @ 1:51 AM,
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H1-B visas is the worse thing ever happened to US businesses
Channel insider collected all job seekers comments and posted the details of the current job market crisis. Employers are paying low salaries for IT jobs is the central point of all the comments it received.
Outsourcing is a hit or miss - One comment about H1-B is quite interesting and It is true to some extent I feel "The worse thing that ever happened to U.S. businesses is the advent of the H1B visas and international outsourcing." Employers want all technologies in a person but pays 30 to 40% lower than market rates , 12 to 17$ per hour , make existing employee work overtime with out additional pay, $30k to $50K for a experienced web developer.
If this is the case then we can imagine the productivity of the work done by low rate charged employees. Historically US productivity is superior and only future will tell us how this model of employers going for cheap low pay rates will work out or not.
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Outsourcing is a hit or miss - One comment about H1-B is quite interesting and It is true to some extent I feel "The worse thing that ever happened to U.S. businesses is the advent of the H1B visas and international outsourcing." Employers want all technologies in a person but pays 30 to 40% lower than market rates , 12 to 17$ per hour , make existing employee work overtime with out additional pay, $30k to $50K for a experienced web developer.
If this is the case then we can imagine the productivity of the work done by low rate charged employees. Historically US productivity is superior and only future will tell us how this model of employers going for cheap low pay rates will work out or not.
Labels: Employment, H-1B visa, Immigration, Labour economics, Overtime, Salary, United States, US, Wage
written by Kalyan @ 11:37 PM,
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20000 EB Nurse Visas Per Year - HR 5924 Bill Status
To reduce nursing shortage in US, HR 5924 bill would provide 20,000 EB(employment-based) visas per year for three years for nurses. HR 5924 is introduced on April 29, 2008 and the key points that are part of the legislation -- Lifting retrogression for Schedule A workers, 20,000 visa quota, Review Schedule A I-140 cases within 30 days of receipt, A fee of $1500 from Schedule A workers will be used in US school to develop local talent and short the supply. The full bill text is available at this lcoation. Great discussions and updates on this Nurse relief visa legislation at Hammond's Law.
Other bills pending for approvals -- H.R. 5882 (Reduces Green Card Waitimes by acquiring unused past visa numbers), H.R. 6020 (Immigration benefits for immigrant soldiers and their families), HR 5950 (Medical care for immigration detainees).
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Other bills pending for approvals -- H.R. 5882 (Reduces Green Card Waitimes by acquiring unused past visa numbers), H.R. 6020 (Immigration benefits for immigrant soldiers and their families), HR 5950 (Medical care for immigration detainees).
Labels: Immigration, Immigration to the United States, Nurse, Nursing shortage, Permanent residence, United States, US, Visa
written by Kalyan @ 12:22 PM,
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2008 October Visa Bulletin EB2, EB3 dates moved back
The suspense is over of what will be the cut off dates for EB2 and EB3 category in October'2008 Visa Bulletin. The October month is when the new fiscal year begins for visa number allotments. The allotments at start of year is always cheering to the numerous immigrants waiting for Greencard approvals.
The Mumbai consulate released the cut-off dates today --
Many predictions were that EB2 will slow down and EB3 changes significantly from unavailable to a much advanced date. Mumbai cut-off dates are available now and its back to square one. For EB2 dates are retrogressed to 1 April 2003 where as for EB3 it is 1 July 2001. Some pleasing news for EB3 as it changed from "Unavailable".
Unless the legislation to acquire all unused past Green card numbers is passed, the wait to become numbers current is a day dream.
Here is the link you can find October's 2008 visa bulletin from USCIS
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The Mumbai consulate released the cut-off dates today --
Many predictions were that EB2 will slow down and EB3 changes significantly from unavailable to a much advanced date. Mumbai cut-off dates are available now and its back to square one. For EB2 dates are retrogressed to 1 April 2003 where as for EB3 it is 1 July 2001. Some pleasing news for EB3 as it changed from "Unavailable".
Unless the legislation to acquire all unused past Green card numbers is passed, the wait to become numbers current is a day dream.
Here is the link you can find October's 2008 visa bulletin from USCIS
Labels: eb-2, eb-3, Fiscal year, H-1B visa, Immigration, Mumbai, United States, United States Citizenship and Immigration Services, USCIS, Visa
written by Kalyan @ 12:51 PM,
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Bill to reduce Greencard wait times due this week
Current Green card approvals are taking anywhere between 6 to 10 years causing trouble to immigrants and employers to retain the immigrant talent in US.
Rep. Zoe Lofgren (D-CA) and Rep. Jim Sensenbrenner (R-WI) authored bill to reduce wait times for green cards which is due this week. The proposal is to re-use previously allotted unused green cards.
This legislation helps US to retain the talent and remove bureaucratic obstacles.
Cesar Conda writes citing the reports from National Venture Capital Association that
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Rep. Zoe Lofgren (D-CA) and Rep. Jim Sensenbrenner (R-WI) authored bill to reduce wait times for green cards which is due this week. The proposal is to re-use previously allotted unused green cards.
This legislation helps US to retain the talent and remove bureaucratic obstacles.
Cesar Conda writes citing the reports from National Venture Capital Association that
in 2006, 73% of new electrical engineering Ph.D.s in the U.S. were granted to international students, according to the National Science Foundation, while in 2005, foreign nationals received 55 percent of electrical engineering master’s degrees and 42 percent of computer science master’s degrees.
Labels: Doctor of Philosophy, Electrical engineering, GreenCard, Immigration, Jim Sensenbrenner, National Science Foundation, National Venture Capital Association, United States, US, Zoe Lofgren
written by Kalyan @ 2:12 AM,
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US Nuclear Deal impacts Indian H1-B visa holders
Image via Wikipedia The Indo-US nuclear deal is approved by 45-nation NSG (Nuclear Suppliers Group). The Indian congress government led by Manmohan Singh won confidence vote that created political division in recent months in this US-Indo nuclear cooperation agreement though some political parties are still unhappy with the agreement.Kanchan Gupta writes about H1-B visa holders and their reason for unhappiness with ongoing US-India nuclear deal. Gupta writes the civilian nuclear cooperation agreement will create thousands of Jobs which otherwise would have been opened for H1-B visa holders. Some India's middle class who prospered using these H1-B visa may not like these $$ paying jobs taken away from them.
Here is quote from Kanchan Gupta's Article :
Look at the way it has managed to foist on us a so-called 'civilian nuclear cooperation agreement' that will revive the moribund American nuclear power industry, create thousands of jobs (which will not be open to holders of H1B visa, so there's little reason for our middle-class to cheer the deal), give President George W Bush his only foreign policy 'success', and serve the purpose of forcing India into the non-proliferation regime without conceding its nuclear weapons capability.
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Labels: George W Bush, H1-B, Immigration, India, Indo-US civilian nuclear agreement, Manmohan Singh, NSG, Nuclear proliferation, Nuclear Suppliers Group, Nuclear weapon, visas
written by Kalyan @ 9:11 PM,
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Barack Obama favors H2-B visas and reflects on H1-B gaming by employers
Image by Getty Images via Daylife As elections approach, Illinois Senator Barack Obama who is US, Democratic presidential nominee in a campaign event in Pennsylvania talked about streamlining specialized skills related jobs and their visas -- H2-B.H2-B visas are required for highly specialized skills where local US business is not able to recruit the local talent citing "nuclear physicist" example from India.
Obama was unhappy that (H1-B) visas system is misused by the companies by wrongfully hiring software engineers for low wages and effecting the US labor markets and wages.
With US unemployment rate reaching 6.1% , the jobs have become a talking point in US 2008 elections and naturally the focus is shifted of how the jobs should not be wrongfully moved to overseas. The immigration is deciding factor in elections as how well both McCain Republicans and Obama Democrats talk about their immigration policies in coming weeks.
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Labels: Barack Obama, Barack Obama presidential campaign 2008, H1-B, H2-B, Immigration, Pennsylvania, Politics, Presidential nominee, Society and Culture, United States, US
written by Kalyan @ 8:38 PM,
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USCIS pays $30,000 for EAD Delayed processing
From 1997, Chowdhury was met with numerous delays in processing interim EAD (Employment Authorization Documents). USCIS explained the delays in EAD to negative information obtained during the background check that delayed the EAD approvals.
Murthy.com reports :
The main problem with delayed EAD is for employee not able to work as employers follow strict visa rules in employing a person on payroll.
This year we applied for two year EAD renewal and my spouse's EAD is renewed for 2 years and my EAD is not yet received. And recently the system got improved very well that EADs are receive in a month's time.
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Murthy.com reports :
Since the government could not properly account of the delays, the court found no substantially justified reason for its delay in processing the EAD application and awarded $30,025.80 in attorney's fees to the plaintiff.
The main problem with delayed EAD is for employee not able to work as employers follow strict visa rules in employing a person on payroll.
This year we applied for two year EAD renewal and my spouse's EAD is renewed for 2 years and my EAD is not yet received. And recently the system got improved very well that EADs are receive in a month's time.
Labels: Employment, Immigration, United States, United States Citizenship and Immigration Services, United States Secretary of Homeland Security, USCIS
written by Kalyan @ 2:33 AM,
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Judge favors US graduate student visa extension
A U.S. district court judge, Faith Hochberg in New Jersey rules in favor of new US grads extension of student visas. With limited 85,000 H1-B visas out of which only 20,000 H1-B's are allocated for students which forces other new grads go out of status and eventually forces them to leave the US. H1-B's have become a lottery where odds are very less these days to get an H1-B visas in the lottery.
Homeland Security extended 12 months to 29 months for students visas to convert to H1-B as they can stay in US and work during that period and until they get H1-B visa.
The Programmers Guild, a strong advocate against the H1-B visa program filed this suit. The wage depression argument is over ruled by the judge indicating lack of proper evidence. Programmers Guild from time to time filed many discrimination complaints against H-1B employers.
This is good news for all student graduates with F1 visas now that they can get more breathing time until they convert their F1 visas to H1-B.
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Homeland Security extended 12 months to 29 months for students visas to convert to H1-B as they can stay in US and work during that period and until they get H1-B visa.
The Programmers Guild, a strong advocate against the H1-B visa program filed this suit. The wage depression argument is over ruled by the judge indicating lack of proper evidence. Programmers Guild from time to time filed many discrimination complaints against H-1B employers.
This is good news for all student graduates with F1 visas now that they can get more breathing time until they convert their F1 visas to H1-B.
Labels: F1, H-1B visa, Immigration, New Jersey, Programmers Guild, United States, US
written by Kalyan @ 2:09 AM,
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Missing TSA Verified Identity Pass laptop found
Image via Wikipedia To avoid long security lines at the airport Verified Identity Pass (VIP) contracted with TSA and developed a program called "Clear" where members pay $120/ year to have their identities verified. The registration card allowed them to bypass long security lines.One of the laptops gone missing which contained sensitive personal information like Greencard number of permanent residents, name, address, phone numbers and birth dates, as well as drivers' license. TSA temporarily suspended this program. This is a good move by TSA as they want all the data on all VIP devices needs encryption to avoid the possibility of landing of this sensitive info in the wrong hands.
New members will not be able to sign up for the program and have to wait in long security lines until TSA clears the "clear" program.
Labels: Business, Business Services, Consultants, Fire and Security, Immigration, Security, Transportation Security Administration, TSA, Verified Identity Pass
written by Kalyan @ 1:26 AM,
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Four years prison for bribing USCIS officals to Get Green Card
Image via WikipediaWorcester's Snowhill resident Mohammad Ijaz bribed USCIS (U.S. Citizenship and Immigration Service officials) for six green cards besides participating in a sate tax evasion scam. The result he landed in prison with four year term and three years of probation.He gave bribes in amounts $900,000 to get U.S. Green Cards for six people and for taxes to Comptroller to assess the sales in the stores to $18 million.
Ijaz is one of 11 men arrested as part of a September nationwide sweep in Somerset, Wicomico and Worcester counties.
Labels: Immigration, Society and Culture, U.S. Citizenship and Immigration Service, United States, United States Citizenship and Immigration Services, United States nationality law, USCIS
written by Kalyan @ 11:13 AM,
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More H1-Bs becoming illegal immigrants
Image by Getty Images via DaylifeSays who ? The report from John Miano titled -- The H1B Visa Sham -- discussed the mismatch between number of H1-B visas approved for the fiscal year and the number of jobs created in that industry (both computers and engineering).As opposed to popular belief John's argument is that there is no direct relationship between H1-Bs and their job creation. Is this measurable ? I doubt it as you cannot just count numbers from the same industry. It is possible that as a result of H1-Bs the jobs are created in related industries if not in the computer industry. This is difficult to quantify.
H1-Bs approvals are 16000 where as jobs lost is 76000 -- This to some extent may account for H1-Bs converting to permanent residents and the conversion is not accounted for. Probably H1-Bs are filling the jobs of once H1-bs but now legal residents.
large percentage of those who legally enter United States on H-1B visas go into the illegal alien pool -- No wonder we hear daily the companies scams and their arrests news. Recently Nilesh Dasondi of Cygate Software & Consulting Inc illegally sponsored visas for six people and they came to US and never worked on H1-Bs.
John's report may be very well true but statistics presented may tell us a different story that a person obtaining H1-B in California usually doesn't work in California but may go to some other city which I think was happening for the unaccounted numbers.
Overall the report puts the focus on numbers mismatch with the reality. correct measures (or system) are required to track this H1-B non-immigrants.
Labels: California, Employment, H-1B visa, Immigration, John Miano, microsoft, RAND, U.S. Department of Homeland Security, United States
written by Kalyan @ 8:04 AM,
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H1-B visa caps led to High-tech Jobs unfilled
This article in Gazette highlights the problems that Maryland employers facing as a result of 85000 H1-B visa cap. Getting H1-B in US is a lottery system now with so many applicants fiercely competing for meager 65,000 H1-B visas.
Students in US are some what better off in the sense that they can work on F1 visa for 29 months and apply for 20,000 H1-B visas available.
Chamber of commerce's lobbying was not working to increase the cap back to 195,000 quota of 2003.
Is H1-B effecting the salaries and jobs taken away from US workers ?
Globalization and the American IT Worker(pdf).
Students in US are some what better off in the sense that they can work on F1 visa for 29 months and apply for 20,000 H1-B visas available.
Chamber of commerce's lobbying was not working to increase the cap back to 195,000 quota of 2003.
Is H1-B effecting the salaries and jobs taken away from US workers ?
Globalization and the American IT Worker(pdf).
A number of studies have found that the H-1Bs are paid on average 15% to 33% less than comparable U.S. IT workers.Given the similarity in salary savings between offshoring and labor importation, and the fact that having the work done on-site is far more productive, it is much more cost-effective from a CEO’s point of view to hire H-1Bs than to offshore the work
Labels: H-1B visa, Immigration, Recreation, Society and Culture, Travel, United States, US, Visa
written by Kalyan @ 11:29 AM,
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H1-B, GC employer salary and info is searchable now
Linked8 provides databases of business, career, and education which can be searcheable. Linked8 tapped into additional sectors of H1-B and GC databases available for search. The site claims they have more than 9000 recruiters and hiring companies that have signed-up at Linked8.
Currently only year 2006 and 2007 data is available for search at these sites - H1-B & GreenCard.
If I am on H1-B and is looking for a job then here are numerous possibilities of using this search information from linked8 -
- Search by state and know all the employers who are sponsoring H1-Bs
- Search by employer and see the trending of their recruitments
- Get Job title information
- Get salary information
- For Job seekers the links helps search for similar jobs in the area or Jobs available at employer
Similarly Greencard data helps if the employer is sponsoring GCs.
For recruiters this is gold as they can ping these employers and match H1-B candidates to the jobs. For employers this gives a good info of what salaries are being offered by the industry for the job positions.
Image via Wikipedia -- H1-B visa demographics and which country used the most H1-Bs in 2005 -- India topping the list with 100000
Currently only year 2006 and 2007 data is available for search at these sites - H1-B & GreenCard.
If I am on H1-B and is looking for a job then here are numerous possibilities of using this search information from linked8 -
- Search by state and know all the employers who are sponsoring H1-Bs
- Search by employer and see the trending of their recruitments
- Get Job title information
- Get salary information
- For Job seekers the links helps search for similar jobs in the area or Jobs available at employer
Similarly Greencard data helps if the employer is sponsoring GCs.
For recruiters this is gold as they can ping these employers and match H1-B candidates to the jobs. For employers this gives a good info of what salaries are being offered by the industry for the job positions.
Image via Wikipedia -- H1-B visa demographics and which country used the most H1-Bs in 2005 -- India topping the list with 100000
Labels: GreenCard, H-1B visa, Immigration, Job Search
written by Kalyan @ 12:12 PM,
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EAD 2 years renewal from June 30 2008
Initially the rumors were of three years but Homeland Security Secretary Michael Chertoff in the press release gave sweet EAD news that validity period is now two years :
USCIS will keep continuing 1-year as retrogression date in visa bulletin is close then it makes no sense for two year validities for the applicant as well as to USCIS. As recent July 2008 visa bulletin indicates "Unavailable" for EB3 employment based category. This leaves no chance until October'2008 for USCIS but renew 2-years for all those applicants.
This is good news for applicants who can save some $$ on filings in attorney fees and also the hassle of getting out of status if card is NOT issued on time. Anyway these are all temporary patches and the large issue of unknown Greencard processing times still prevails.
I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.
Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year.
This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there.
USCIS will keep continuing 1-year as retrogression date in visa bulletin is close then it makes no sense for two year validities for the applicant as well as to USCIS. As recent July 2008 visa bulletin indicates "Unavailable" for EB3 employment based category. This leaves no chance until October'2008 for USCIS but renew 2-years for all those applicants.
This is good news for applicants who can save some $$ on filings in attorney fees and also the hassle of getting out of status if card is NOT issued on time. Anyway these are all temporary patches and the large issue of unknown Greencard processing times still prevails.
Labels: Homeland Security Secretary Michael Chertoff, Immigration, Michael Chertoff, United States Citizenship and Immigration Services, United States Secretary of Homeland Security, USCIS
written by Kalyan @ 11:02 AM,
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Fragomen PERM applications audit issue -- DOL releases PERM Program Guidance Bulletin
Coutesy : Wikipedia image -- 1888 cartoon in Puck attacks businessmen for welcoming large numbers of low paid immigrants, leaving the American workingman unemployed
DOL releases clarification on June 13. 2008 in its guidance bulletin - PERM Program Guidance Bulletin on the Clarification of Scope of Consideration Rule in 20 CFR 656.10(b)(2)
DOL justifies its stand by making clear that "The employer, and not the attorney or agent, must determine whether a U.S. applicant's credentials meet the minimum qualifications for the position ..." -- Do all th employers have luxury or skills to evaluate each and every application ? A practical "NO" is the answer. This makes us believe that DOL wants every employer in US to be immigration skillful. Why would any employer invest its time and resources on such not value-added task ? This is the same reason that employers hires attorneys to represent their cases.
The fight continues -- DOL stance is to avoid fraud done by some of firms in filing unlawful PERM applications thereby denying the job prospect for citizens. Clearly DOL cannot audit all the Fragomen' applications given its resource strengths and continuing back logs at the DOL centers. Sure political pressures like large employers lobbying may change the situation in future on this particular DOL vs Fragomen issue. It remains at large to see how influential US employers react to this situation staged by DOL on immigration firms.
Check this DOL site for latest updates
Labels: Immigration, Lawyers and Law Firms, PERM. GreenCard, United States, US
written by Kalyan @ 10:10 AM,
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CAGW reports Illinois wastes $686 million of taxpayers dollars
Citizens Against Government Waste (CAGW), a nonpartisan, nonprofit organization released 2008 Illinois piglet book which identifies $686 million in wasteful spending in the state budget. Here are the details.
Here is the list of Illinois state taxpayer dollars spent-
This video is created by AFSC - one org. about how taxpayer dollars are spent in Iraq war. Source AFSC's One Day = $720 Million
CAGW's 2008 Pig Book Digs Up $17.2 Billion (taxpayers dollars) in Pork. To qualify as pork, a project must meet one of seven criteria that were developed in 1991 by CAGW and the Congressional Porkbusters Coalition. CAGW maintains a vast pork database with 9000+ searchable projects by keywords. CAGW was in news when they directly criticized when state agencies mandated to use only opensource. CAGW says taxpayer dollars are justified in open bidding that gives transparency in the state agencies transactions. As often people confuse open source to free software. Software may be free but the costs of hardware and software maintainance are largely ignored and this is the reason that CAGW claims transparency in state agencies using "open" source software. But CAGW historically took the side of Microsoft on all of their monopoly legal issues. Tobacco industry is rumored to have paid hefty sums to CAGW to lobby for them.
Here is the list of Illinois state taxpayer dollars spent-
Citizens Against Government Waste: TAXPAYER ADVOCATE GROUPS RELEASE "2008 ILLINOIS PIGLET BOOK" IDENTIFYING $686 MILLION IN STATE WASTEFUL SPENDING via kwout
This video is created by AFSC - one org. about how taxpayer dollars are spent in Iraq war. Source AFSC's One Day = $720 Million
Labels: Immigration, taxes
written by Kalyan @ 12:40 AM,
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Hari Kondabolu - A different Indian American stand up comedian on immigrants issues
Hari Kondabolu - "I'm not a Republican, but I was one, once — when I was 7 years old. Not my fault. The symbol of the Republican Party is an elephant, I'm a Hindu, I was confused."
Raised in Queens, New York by Indian immigrant parents made his name and became famous as he interned with Sen. Hillary Clinton. This internship program is one of the most prestigious, effective and competitive leadership programs in the nation’s capital. Over 120 Indian-American college students from across the United States applies to these programs.
Kondabolu earlier interned in the office of the Queens District Attorney, where he worked in the Hate Crimes/Anti-Bias/Youth Gangs Bureau. This provided him with a first-hand view of how the criminal justice system works. The experience motivated him to seek a career path that will enable him to work to improve the lives of minorities.
Hari Kondabolu an outstanding student and leader in his university and community was able to get this prestegious internship opportunity. News is here
He moved to Seattle from New York and made name as a stand up comedian and working at Hate Free Zone, an organization founded after September 11 to help immigrant communities. He moved to London and waiting to perform his queen jokes ( Diamonds of India with queen satires) and have to see how popular he will become in stand-up comedian in London besides his continuing education in London School Of Economics.
Here are the two Youtube videos :
| Hari Kondabolu in Jimmy Kimmel Live | Hari Kondabolu telugu satires |
Labels: Immigration, Movies
written by Kalyan @ 11:36 PM,
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IRS Economic Stimulus Payment Notice - SSN is must for Dependents
IRS started sending letters of Economic Stimulus Payment Notice and I received that by mail today. I scanned it and posted it here (see the image at the end of the post) for quick understanding of important points from IRS notice.
H1-B visa holders dependents may have a slight problem as letter indicates that dependents must have a SSN as in many cases dependents of H1-B visa holders are in H4 visa status and possess tax-id instead of SSN. Dependents are spouse and children who are on H4 visa. If you read through last but one paragraph of payment notice letter this clause is added by IRS. Does this mean H4 visa dependents are not eligible for economic stimulus package ? This if true makes these households receive lesser amount of $600 only.
The other important points outlined in this letter are as follows
- File 2007 tax return and that makes it eligible for 130 million households to receive $600 for individuals or $1200 for joint filers
-An additional amount of $300 for each child qualifying for the child tax credit
- For tax payers with adjusted gross income (AGI) of more than $75000 (or more than $150,000 if married filing jointly), the payment will be reduced
- the last one is important for immigrants or H1-B visa holders as the clause says "must have valid social security numbers"
The notice has one important clause for immigrants - "To qualify for payment, an individual, spouse, and any qualifying child must have valid social security number"
H1-B visa holders dependents may have a slight problem as letter indicates that dependents must have a SSN as in many cases dependents of H1-B visa holders are in H4 visa status and possess tax-id instead of SSN. Dependents are spouse and children who are on H4 visa. If you read through last but one paragraph of payment notice letter this clause is added by IRS. Does this mean H4 visa dependents are not eligible for economic stimulus package ? This if true makes these households receive lesser amount of $600 only.
The other important points outlined in this letter are as follows
- File 2007 tax return and that makes it eligible for 130 million households to receive $600 for individuals or $1200 for joint filers
-An additional amount of $300 for each child qualifying for the child tax credit
- For tax payers with adjusted gross income (AGI) of more than $75000 (or more than $150,000 if married filing jointly), the payment will be reduced
- the last one is important for immigrants or H1-B visa holders as the clause says "must have valid social security numbers"
The notice has one important clause for immigrants - "To qualify for payment, an individual, spouse, and any qualifying child must have valid social security number"
Labels: H1-B, Immigration, refund, taxes
written by Kalyan @ 11:19 PM,
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Manjunath Kalmani tragedy - health insurance problems for unemployed (H1-B) immigrants
----------------------
Update on March 09'2008 -- you tube video posted
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Manjunath writes in his blog description : "My only means of communication is laptop. I operate my computer using sip n puff mouth control device. I use morse code to interpreter with my computer. I was a software developer prior to my accident, so operating the computer is not such a difficult task to me."Manjunath Kalmani's tragic accident reminds us how important is health insurance for immigrants. He is an immigrant who came to US on H1-B visa and worked with company weather.com as software developer and got laid off during economic downturn in 2002. Unemployed and uninsured Manjunath injured his spinal cord critically in car accident at Nashville, TN, in April 2002.
His problems complicated with expensive medical costs in US and is finally sent back in air ambulance to India on March 5' 2008. Manjunath's blog address is (http://mkalmani.blogspot.com/) and it was reported in news that he blogged and interacted with computers in vegetative state using sip-n-puff devices.
Here is some information I was able to pull out on sip-n-puff devices for critically injured persons like Manjunath.
Axistive reports on sip-n-puff devices
This tragedy shows us the importance of health insurance to immigrants in US. Remember without health insurance you can not afford for expensive medical costs in U.S. You should always read full details about the health insurance coverage. Also you need to find out whether you should pay for insurance premium. This contribution totally depends up on the company’s health care benefits policy. Usually you pay 20 or 25 % of the premium every month.
It is better always to have some information handy like what is your co-payment for each visit.Some consulting companies may provide cheap insurance coverage which requires you to pay much higher out of pocket expenses. Make sure you don’t settle down for these kind of health coverage.Also health insurance should cover all your family members and that will require paying the insurance premium to your family members.
Also Health insurance covers maternity if you are married. Equally important is dental and vision insurances. Once laid off remember you can still have insurance using COBRA plan and it is kind of expensive until you find other job. For a immigrant living in US for many years all these seems to be simple tips only if they were correctly insured.
I sincerely hope Manjunath gets good medical attention from Indian authorities. It is glad to see TimesOfIndia picked this news and I hope other news sites/blogs pick up the story to get needed attention to Manjunath.
Sources :
1) Injured but spirit intact he started a blog on himself
2) US_sends_back_paralysed_techie_to_Delhi
Update on March 09'2008 -- you tube video posted
-----------------------
Manjunath writes in his blog description : "My only means of communication is laptop. I operate my computer using sip n puff mouth control device. I use morse code to interpreter with my computer. I was a software developer prior to my accident, so operating the computer is not such a difficult task to me."
His problems complicated with expensive medical costs in US and is finally sent back in air ambulance to India on March 5' 2008. Manjunath's blog address is (http://mkalmani.blogspot.com/) and it was reported in news that he blogged and interacted with computers in vegetative state using sip-n-puff devices.
Here is some information I was able to pull out on sip-n-puff devices for critically injured persons like Manjunath.
Axistive reports on sip-n-puff devices
Accessing the computer other than via a standard keyboard and mouse can present a number of problems. However the IntegraMouse® is a highly attractive solution for a large range of challenges. The IntegraMouse® is especially designed for users who are unable to operate a mouse with their hands.
IntegraMouse® has all the functions of a standard mouse enabling the user to control all functions of the computer by lip movements. The IntegraMouse offers a sensitive sip and puff solution that controls the range of mouse clicks (left click, right click, double click, drag&drop).
This tragedy shows us the importance of health insurance to immigrants in US. Remember without health insurance you can not afford for expensive medical costs in U.S. You should always read full details about the health insurance coverage. Also you need to find out whether you should pay for insurance premium. This contribution totally depends up on the company’s health care benefits policy. Usually you pay 20 or 25 % of the premium every month.
It is better always to have some information handy like what is your co-payment for each visit.Some consulting companies may provide cheap insurance coverage which requires you to pay much higher out of pocket expenses. Make sure you don’t settle down for these kind of health coverage.Also health insurance should cover all your family members and that will require paying the insurance premium to your family members.
Also Health insurance covers maternity if you are married. Equally important is dental and vision insurances. Once laid off remember you can still have insurance using COBRA plan and it is kind of expensive until you find other job. For a immigrant living in US for many years all these seems to be simple tips only if they were correctly insured.
I sincerely hope Manjunath gets good medical attention from Indian authorities. It is glad to see TimesOfIndia picked this news and I hope other news sites/blogs pick up the story to get needed attention to Manjunath.
Sources :
1) Injured but spirit intact he started a blog on himself
2) US_sends_back_paralysed_techie_to_Delhi
Labels: H1-B, Immigration, insurance
written by Kalyan @ 2:19 AM,
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Traveling on Advance Parole documents - Be extra careful
Wanna be like Tom Hanks? Tom Hanks in movie "The Terminal" is a man without a country that the U.S. cannot recognize, thus he is denied entrance to the U.S. He also can't be deported so he is told by the immigration offcials that he has to remain in the airport until his status can be fixed.
Ap (Advance Parole) will allow one to travel outside the United States while one's adjustment of status application is pending.These documents is valid between the dates shown on the document, and to re-enter into the U.S. without a valid visa in passport. Make sure that you are physically inside the United States prior to the expiration date shown on the document.
We will receive two or three original travel documents that are all identical (you will only need two - however USCIS sometimes has sent out three originals. If you have three originals (keep one in a safe place at home). Take a couple of copies with you in addition to the two originals. When you use these documents for the first time, the airline may ask for a copy of the Advance Parole.Upon arrival into the US, one original Advance Parole will be stamped by immigration and they may take the other original.
My friend carried only one original document and that created big problems for him and he was questioned that delayed his immigration check by more than half hour. So make sure you carry all the (three identical) documents when travelling with AP.
Be sure to retain the original Advance Parole (Form I-512) stamped by the U.S. Immigration officer since this is a multiple entry document and you may wish to use it again at a later date. You will not be given a new document, so make sure you keep this document in a safe place for future traveling.
If you have not yet received your employment authorization document (EAD), and you travel internationally, please carry with you a copy of your current Form I-797A approval notice that will be evidence of your work status (H or L). Upon your return to the U.S., these documents will verify that you are authorized to work in the U.S., if the question should arise from the U.S. inspector at the border. Make a copy of the I94 record that you will surrender when you leave the US so that you have record of it for the return trip.
If you already have your Employment authorization document you should carry it with you and you do not need to carry the other documents discussed above. You still may want to copy the I94 record for your future reference.
Labels: Advance Parole, Ap, EAD, green card, Immigration, Travel
written by Kalyan @ 2:22 AM,
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Layoff Job change - AC21 Risks , Choices and Benefits
With news of US economy going into probable recession there is at least one or two major layoff announcements appearing in the news mainly from financial sector companies. This post may be useful who have their EAD's and are looking for a job change.
After 180 days have passed from your I485 pending date, your current employer usually does not have control over I-140 . This is where AC21 comes into play where you use a job offer in a SIMILAR position to change your green card sponsor. To work for that sponsor before your green card is approved, you would need work authorization - generally H1 or EAD.
To join new employer with AC 21 rule you need copy of the I-485 receipt and a new job offer. Having a I-140 receipt/approval copy is helpful.
Now the problem comes if your original sponsor withdraws I-140 after 180 days
If I-485 has been pending for 180 days and I-140 is approved then AC21 portability rule can be used to change employers. All immigration experts say the risk is much smaller unless in cases where I-140 is not approved.
The risk to the employee/applicant arises if the employer revokes the approved I-140. As per the rule, USCIS is supposed to continue to process the case, if USCIS have been informed by the applicant about the use of AC21 in case of employer change. Very rarely it can happen that USCIS staff who lacks the knowledge will deny such cases.
What to do in the event such denial happens?
-> Grab an attorney and through them you can file a motion to reopen the denied case.
-> If at all you can do keep your H1-B status that way you will be in status/work authorization in case a problem comes up.
Many have used AC21 without the above said problems. It is noted in many immigration forums that AC21 cases at large are smoothly going.
The wrongful denials after I-140 revocation continue to be a problem---but not a wide-spread problem. The procedure to be followed is clear, but the USCIS does not always follow it. Employers don't have valid reason to revoke I-140s anymore, since there are no labor substitutions.
After 180 days have passed from your I485 pending date, your current employer usually does not have control over I-140 . This is where AC21 comes into play where you use a job offer in a SIMILAR position to change your green card sponsor. To work for that sponsor before your green card is approved, you would need work authorization - generally H1 or EAD.
To join new employer with AC 21 rule you need copy of the I-485 receipt and a new job offer. Having a I-140 receipt/approval copy is helpful.
Now the problem comes if your original sponsor withdraws I-140 after 180 days
The Risk
If I-485 has been pending for 180 days and I-140 is approved then AC21 portability rule can be used to change employers. All immigration experts say the risk is much smaller unless in cases where I-140 is not approved.
The risk to the employee/applicant arises if the employer revokes the approved I-140. As per the rule, USCIS is supposed to continue to process the case, if USCIS have been informed by the applicant about the use of AC21 in case of employer change. Very rarely it can happen that USCIS staff who lacks the knowledge will deny such cases.
Choices
What to do in the event such denial happens?
-> Grab an attorney and through them you can file a motion to reopen the denied case.
-> If at all you can do keep your H1-B status that way you will be in status/work authorization in case a problem comes up.
Benefits
Many have used AC21 without the above said problems. It is noted in many immigration forums that AC21 cases at large are smoothly going.
The wrongful denials after I-140 revocation continue to be a problem---but not a wide-spread problem. The procedure to be followed is clear, but the USCIS does not always follow it. Employers don't have valid reason to revoke I-140s anymore, since there are no labor substitutions.
Labels: AC21, green card, Immigration
written by Kalyan @ 4:08 PM,
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February 2008 Visa Bulletin India EB2 category Unavailable
After June/July Visa bulletin fiasco we have seen two times December , January bulletins retrogress India Employment Second preference to far cut-off date which clearly indicates demand for EB2 numbers by USCIS for (AOS)adjustment of status cases has remained extremely high in recent months . Recent bulletin (FEBRUARY 2008) released yesterday reflected this big drop making India EB2 category as "Unavailable" where as EB3 category retrogressed to 08MAY01 - Which means EB3 for India is now more current than EB2. Remind you that this is just start of the fiscal year for visa numbers and this demand proves to be very costly for Indian applicants as they have to wait no one knows (even USCIS too) when they will become current.
This is expected as January 2008 bulletin gave good signs of this prediction - EB2 for India is retrogressed by 2 years to January 2000 & EB2 remains unchanged to 01 May 2001. EB2 approval needs Master's degree or 5 years experience and we already know I140 is the stage with the most scrutiny since I485 is only adjustment of status. One probable reason for unavailability is that employers hurried up to use LC substitution as USCIS announced that they no more be accepting LC substitutions. Sure as to every one guess that these I140s will have issues. I140 processing times are more and against to guidelines probably the dates are made unavailable.
Other obvious reason needless to say is mass filing that happened in June/July ' 2007 which used years worth of visa numbers.
Unless visa numbers quota is increased I believe the same story continues and priority dates may take years and years to become current.
All the best for those who are waiting for dates to become current.
Why did EB2 become unavailable in February Bulletin?
This is expected as January 2008 bulletin gave good signs of this prediction - EB2 for India is retrogressed by 2 years to January 2000 & EB2 remains unchanged to 01 May 2001. EB2 approval needs Master's degree or 5 years experience and we already know I140 is the stage with the most scrutiny since I485 is only adjustment of status. One probable reason for unavailability is that employers hurried up to use LC substitution as USCIS announced that they no more be accepting LC substitutions. Sure as to every one guess that these I140s will have issues. I140 processing times are more and against to guidelines probably the dates are made unavailable.
Other obvious reason needless to say is mass filing that happened in June/July ' 2007 which used years worth of visa numbers.
Unless visa numbers quota is increased I believe the same story continues and priority dates may take years and years to become current.
All the best for those who are waiting for dates to become current.
Labels: eb-2, green card, Immigration, India, priority dates
written by Kalyan @ 11:56 AM,
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Vikram Pandit an Indian immigrant is now CEO of Citigroup
Vikram Pandit is chosen as CEO of ailing Citigroup that wrote down as much as $18 billions of dollars on home loans under the previous leader.Vikram, a native of Nagpur, India, studied electrical engineering at Columbia and got a Ph.D. in finance from the same university.His resume is impressive as he served as the head of institutional investing at Morgan Stanley. This is good to see that foreign students coming to US and raising it to the top has become new trend.
The 50-year-old Pandit is the first Indian to become CEO of a major American financial institution.
Other prominent Indian Americans who made it to the CEO list:
Indra Nooyi, CEO of PepsiCo.
Rakesh Gangwal, former CEO and Chairman, US Airways Group
Shailesh Mehta, former CEO and chairman of the board of Providian Financial Corporation; currently president and CEO of Granite Hill Capital Ventures
Satish S. Nandapurkar former managing director of the Chicago Mercantile Exchange. Currently the CEO of US Futures Exchange.
Vivek Ranadive, CEO and founder of Tibco Software
Arun Sarin, CEO of Vodafone Inc. Headed the Vodafone takeover of Hutch-Esser Communications Inc.
Sanjiv Sidhu, founder and CEO of i2 Technologies, a B2B Supply Chain integrator
Pradeep Sindhu, Co-founder and CTO of Juniper Networks
The 50-year-old Pandit is the first Indian to become CEO of a major American financial institution.
Other prominent Indian Americans who made it to the CEO list:
Indra Nooyi, CEO of PepsiCo.
Rakesh Gangwal, former CEO and Chairman, US Airways Group
Shailesh Mehta, former CEO and chairman of the board of Providian Financial Corporation; currently president and CEO of Granite Hill Capital Ventures
Satish S. Nandapurkar former managing director of the Chicago Mercantile Exchange. Currently the CEO of US Futures Exchange.
Vivek Ranadive, CEO and founder of Tibco Software
Arun Sarin, CEO of Vodafone Inc. Headed the Vodafone takeover of Hutch-Esser Communications Inc.
Sanjiv Sidhu, founder and CEO of i2 Technologies, a B2B Supply Chain integrator
Pradeep Sindhu, Co-founder and CTO of Juniper Networks
Labels: Immigration, India
written by Kalyan @ 6:44 PM,
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December 2007 visa bulletin predictions
Much anticipated bulletin of the year is December 2007 visa bulletin (Exclude July bulletin fiasco)
considering no change in previous two bulletins (November and October) and during November time frame DOS might have finished receipting huge number of I485s filed during July-Aug this year.
We can guess that DOS will have all inputs from USCIS on visa demand and will have better idea of visa numbers required.
Hence December bulletin might have some news.
Is there a prediction on December'2007 visa dates?
Worst case -- heavy retrogression , Dates for EB3 may move back to 1998.
Best case -- Remains unchanged as November Bulletin.
The decmber'2007 bulletin has not been released as of writing this post.
Here is the link you can find the current visa bulletin.
considering no change in previous two bulletins (November and October) and during November time frame DOS might have finished receipting huge number of I485s filed during July-Aug this year.
We can guess that DOS will have all inputs from USCIS on visa demand and will have better idea of visa numbers required.
Hence December bulletin might have some news.
Is there a prediction on December'2007 visa dates?
Worst case -- heavy retrogression , Dates for EB3 may move back to 1998.
Best case -- Remains unchanged as November Bulletin.
The decmber'2007 bulletin has not been released as of writing this post.
Here is the link you can find the current visa bulletin.
Labels: 2007, Immigration, retrogression, visa bulletin, VisaNumbers
written by Kalyan @ 9:24 PM,
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USCIS revised new i-9 form
USCIS (U.S. Citizenship and Immigration Services) has revised I-9 form removing five documents from acceptable documentation list - "proof of identity" and "employment eligibility"
The revised list now includes only the below forms:
* U.S. passport (unexpired or expired);
* Permanent Resident Card (Form I-551);
* Unexpired foreign passport with a temporary I-551 stamp;
* Unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, or I-688B); and
* Unexpired foreign passport with an unexpired Arrival-Departure Record (Form I-94) for non immigrant aliens authorized to work for a specific employer.
Click me for M-274, Handbook for Employers, Instructions for Completing the Form I-9
USCIS encourages to use new I-9 form and is mandatory only when notice is published in the Federal Register.
The revised list now includes only the below forms:
* U.S. passport (unexpired or expired);
* Permanent Resident Card (Form I-551);
* Unexpired foreign passport with a temporary I-551 stamp;
* Unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, or I-688B); and
* Unexpired foreign passport with an unexpired Arrival-Departure Record (Form I-94) for non immigrant aliens authorized to work for a specific employer.
Click me for M-274, Handbook for Employers, Instructions for Completing the Form I-9
USCIS encourages to use new I-9 form and is mandatory only when notice is published in the Federal Register.
Labels: Immigration
written by Kalyan @ 5:14 PM,
,
Wrong name on EAD , 485 , Advance Parole documents
This post is for those who got wrong information on their Green Card - EAD,485 & AP documents.Be sure to check twice if all information on GC documents are correct.
My wife got her 485, AP and EAD receipts and all of them had incorrect last name. One letter was dropped from the last name.
Here are few options available to change this name or use some alternate method.
When we went for our finger printing appointment we informed the officer and changed her last name to the correct one in her 485 application.
We received her EAD card which had the incorrect last name.Looks like I have two options available
a) Re apply - Send original EAD card back to USCIS to get the problem fixed.As per estimates this would take minimum of 90 days.
b) Use wrong EAD card with Passport which has correct name on it. This was one suggestion from immigration attorneys and hope that works with out any issues.
I'm inclining to option 'b' as in one year I anyway had to renew EAD card.
The big worry we had is that if my wife who is on H4 visa can get SSN with wrong name on EAD Card (EAD card is the proof of employment authorization to get SSN number) ? There is no need to worry and this situations we will get SSN number irrespective of names spelled wrong on EAD card. The first question we were asked at social security office if if names were correct on EAD.They put the right names on SSN application and included wrong name on other names.
In the AP receipt her last name was wrong. The option seems to be calling USCIS and correcting it in the system.
The USCIS numbers to call and fix are listed in the receipt documents.
Wrong Last Name:
My wife got her 485, AP and EAD receipts and all of them had incorrect last name. One letter was dropped from the last name.
Here are few options available to change this name or use some alternate method.
Finger printing:
When we went for our finger printing appointment we informed the officer and changed her last name to the correct one in her 485 application.
EAD Card:
We received her EAD card which had the incorrect last name.Looks like I have two options available
a) Re apply - Send original EAD card back to USCIS to get the problem fixed.As per estimates this would take minimum of 90 days.
b) Use wrong EAD card with Passport which has correct name on it. This was one suggestion from immigration attorneys and hope that works with out any issues.
I'm inclining to option 'b' as in one year I anyway had to renew EAD card.
Social Security Number:
The big worry we had is that if my wife who is on H4 visa can get SSN with wrong name on EAD Card (EAD card is the proof of employment authorization to get SSN number) ? There is no need to worry and this situations we will get SSN number irrespective of names spelled wrong on EAD card. The first question we were asked at social security office if if names were correct on EAD.They put the right names on SSN application and included wrong name on other names.
Advanced Parole::
In the AP receipt her last name was wrong. The option seems to be calling USCIS and correcting it in the system.
The USCIS numbers to call and fix are listed in the receipt documents.
Labels: Advance Parole, EAD, green card, i485, Immigration
written by Kalyan @ 4:14 PM,
,
Green Card : For AC21 (layoff or job change) law - Is I485 receipt or notice date ?
You have filed I485 and are now thinking of all future questions of job change or layoff and their effects on Green Card.Then this is the right post for you.
What is AC21 law ? The AC21 law provides in general that one who has an approved I140 petition and I485 pending at least 180 days and accepts new permanent employment will still be eligible for adjustment if the new job is in the same or similar occupational category as the original job offer.One who is accepting new employment under the green card portability rules of the AC21 law and wishes to notify USCIS about the basis for one's continuing eligibility to adjust status is generally able to satisfy the notice request of USCIS by providing a letter with the details of the new job and the start date.
The big question though is of "received date" or "notice date" that is taken into consideration for AC21 portability law ?
As all forums and bulletins suggest it is received date.
See this image below to locate received date -
Also note there is no limit to the number of job changes permitted under AC21. There is also no actual notification required, but we recommend notification. However, the job offer underlying a green card case must be permanent/indefinite. If a person is moving from job to job, it may appear that they do not have stable, permanent employment.
Generally, one can try to minimize the possible harmful impact of an I485 being denied by maintaining H1B status if one accepts new employment while the I485 is pending instead of using an EAD card.
It appears that it is always better to maintain the H-1B throughout the green card process as a redundant system especially as there are no regulations that explain AC21. It is better but does not appear to be required. Based on guidance it appears that AC21 portability requirements are met when the I-140 is approved, the I-485 has been pending for over 180 days and the new job is in the same or similar job classification as the original position sponsored.
What is AC21 law ? The AC21 law provides in general that one who has an approved I140 petition and I485 pending at least 180 days and accepts new permanent employment will still be eligible for adjustment if the new job is in the same or similar occupational category as the original job offer.One who is accepting new employment under the green card portability rules of the AC21 law and wishes to notify USCIS about the basis for one's continuing eligibility to adjust status is generally able to satisfy the notice request of USCIS by providing a letter with the details of the new job and the start date.
The big question though is of "received date" or "notice date" that is taken into consideration for AC21 portability law ?
As all forums and bulletins suggest it is received date.
See this image below to locate received date -
Also note there is no limit to the number of job changes permitted under AC21. There is also no actual notification required, but we recommend notification. However, the job offer underlying a green card case must be permanent/indefinite. If a person is moving from job to job, it may appear that they do not have stable, permanent employment.
Generally, one can try to minimize the possible harmful impact of an I485 being denied by maintaining H1B status if one accepts new employment while the I485 is pending instead of using an EAD card.
It appears that it is always better to maintain the H-1B throughout the green card process as a redundant system especially as there are no regulations that explain AC21. It is better but does not appear to be required. Based on guidance it appears that AC21 portability requirements are met when the I-140 is approved, the I-485 has been pending for over 180 days and the new job is in the same or similar job classification as the original position sponsored.
Labels: AC21, i485, Immigration
written by Kalyan @ 1:11 PM,
,
July Visa Bulletin current until August 17 ?
I'll post all updates as they are available --
Immigrationvoice.org reports :
Hope this is true and USCIS revert their decision to accept applications BUT where are visa numbers for all these applicants ? This is really a messy situation that we have to wait and see how this will be corrected.
U.S. to Reverse
Some Denials
Of Work Visas
Immigrationvoice.org reports :
Immigration Voice Announcements
UPDATE AT 3:15 PM EST TUESDAY: The latest update we received is the announcement to be made soon will be as follows:
DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days – i.e., all employment-based green card categories (except for the “Other Workers” category) will be “current” and CIS will accept applications through August 17.
DHS will issue a press release to this effect later today.
Hope this is true and USCIS revert their decision to accept applications BUT where are visa numbers for all these applicants ? This is really a messy situation that we have to wait and see how this will be corrected.
U.S. to Reverse
Some Denials
Of Work Visas
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
Labels: green card, Immigration, visa bulletin
written by Kalyan @ 4:44 PM,
,
Green Card Drama: Visa numbers are unavailable again
Back to old story again and all rumors of how long priority dates will be current came to an end with USCIS latest press release. Now all dates have retrogressed and became unavailable for employment based categories.This means we cannot file I485 and get EAD now.Since bulletin comes in June middle looks like USCIS miscalculated the visa numbers usage for June.All visa numbers for this fiscal year looks like been used.
The hopes created with this USCIS making all numbers current drama for July literally played fool false hope game with many immigrant lives.Think of this how many of us spent numerous dollars for this drama.Who benefited from all of this - a) Immigration Lawyers. b) USCIS nominated doctors for medical exams. c) Air line industry and d) documentation businesses.
a) Immigration Lawyers - Upon receiving this news many lawyers recruited temps to quickly file I485 applications and charged that overhead costs burden on the applicant (or for some the sponsoring employers bearing all GC cost usually pay the lawyers fees). As applicants now are struck in dilemma of what happens whether their lawyers re-charge them again when numbers are available.Of their no fault immigration lawyers benefited because of USCIS
b) USCIS nominated doctors for medical exams - Medicals for I485 created huge crowds at the doctors offices to get medicals done on time in order to take use of July bulletin news. These doctors charged anywhere between 250 $ and 400$ for these medicals from applicants.
c) Air line industry - One may wonder how come air line industry banked from this fiasco.Here are genuine cases.During summer usually July time frame many Indians go for a vacation. All travel plans either shortened the vacation or canceling the vacation resulting in penalties.My case I lost $1500 for my advancement of tickets to an earlier date because of demand for the seats as airlines are booked for student travels heavily this time during the year.
d)Documentation businesses - I don't know how many trips I made to copy/scan center to put the documents together for I485.Some lawyers just demanded scanned copies instead of fax to avoid any delays.Extra miscellaneous expenses for the applicant.
If you have any additional miseries to share - please do so via comments.
Thank You USCIS for all this :(
Press release says
The hopes created with this USCIS making all numbers current drama for July literally played fool false hope game with many immigrant lives.Think of this how many of us spent numerous dollars for this drama.Who benefited from all of this - a) Immigration Lawyers. b) USCIS nominated doctors for medical exams. c) Air line industry and d) documentation businesses.
a) Immigration Lawyers - Upon receiving this news many lawyers recruited temps to quickly file I485 applications and charged that overhead costs burden on the applicant (or for some the sponsoring employers bearing all GC cost usually pay the lawyers fees). As applicants now are struck in dilemma of what happens whether their lawyers re-charge them again when numbers are available.Of their no fault immigration lawyers benefited because of USCIS
b) USCIS nominated doctors for medical exams - Medicals for I485 created huge crowds at the doctors offices to get medicals done on time in order to take use of July bulletin news. These doctors charged anywhere between 250 $ and 400$ for these medicals from applicants.
c) Air line industry - One may wonder how come air line industry banked from this fiasco.Here are genuine cases.During summer usually July time frame many Indians go for a vacation. All travel plans either shortened the vacation or canceling the vacation resulting in penalties.My case I lost $1500 for my advancement of tickets to an earlier date because of demand for the seats as airlines are booked for student travels heavily this time during the year.
d)Documentation businesses - I don't know how many trips I made to copy/scan center to put the documents together for I485.Some lawyers just demanded scanned copies instead of fax to avoid any delays.Extra miscellaneous expenses for the applicant.
If you have any additional miseries to share - please do so via comments.
Thank You USCIS for all this :(
Press release says
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
Department of State Publication 9514
CA/VO: July 2, 2007
Labels: green card, Immigration, priority dates, retrogression, visa bulletin, VisaNumbers
written by Kalyan @ 7:15 AM,
,
Green Card : priority dates , visa numbers , EAD for all categories current
Update: Click me for Green Card Drama: Visa numbers are unavailable again
WOW still can't believe they have become current ...indeed a real good day for immigrants who are in Green Card process retrogression.
This news is significant and all those who are effected with retrogression should start rejoicing as the wait is over for all applicants who are waiting to file I485 for EAD.
Please check July Visa Bulletin.
All our H1-B and travel hassels will end once we get EAD.My guess is we get probably EAD fast but GC might take a bit longer who cares ...
Get your documents ready do it as soon as possible before things change ..my guess as monthly bulletins we have one month time to do apply.Come August who knows what the bulletin looks like.
Here is the immihelp documents link for I485/EAD/AOS
I'll post all the updates here ..check back soon
WOW still can't believe they have become current ...indeed a real good day for immigrants who are in Green Card process retrogression.
This news is significant and all those who are effected with retrogression should start rejoicing as the wait is over for all applicants who are waiting to file I485 for EAD.
Please check July Visa Bulletin.
All our H1-B and travel hassels will end once we get EAD.My guess is we get probably EAD fast but GC might take a bit longer who cares ...
Get your documents ready do it as soon as possible before things change ..my guess as monthly bulletins we have one month time to do apply.Come August who knows what the bulletin looks like.
Here is the immihelp documents link for I485/EAD/AOS
I'll post all the updates here ..check back soon
Labels: eb-2, eb-3, GreenCard, Immigration, priority dates, retrogression, visa bulletin, VisaNumbers
written by Kalyan @ 7:49 PM,
,
Green Card Points
What are Green Card points ?
List of websites to calculate Green Card Points:
{Currently only one site .. As bill is discussed this week we hope to see more and more of these types of calculation sites.Once bill is approved we get to know exactly what goes into GC points calculation - until a final decision is made use following guess calculations }
->ready4greencard.com
In a change that would be akin to long-standing systems in Canada, Australia and the United Kingdom, the proposed merit-based system would eventually allocate about 380,000 green cards each year to foreigners with the highest scores--up to 100 points--based on certain criteria. The bill is called the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007.
List of websites to calculate Green Card Points:
{Currently only one site .. As bill is discussed this week we hope to see more and more of these types of calculation sites.Once bill is approved we get to know exactly what goes into GC points calculation - until a final decision is made use following guess calculations }
->ready4greencard.com
Here is a "Green Card Points Calculator" based on this proposed new evaluation system as the 'Immigration Enthusiasts' understand. Check out if you qualify!
Labels: green card, green card points, Immigration
written by Kalyan @ 12:32 AM,
,
Is presidential candidate - Barack Obama desis favorite?
Senator Barack Obama is from a cold windy place Chicago but has a warm heart.
Here is an incident that happened to my friend who got help from Obama at the right time. Also this incident reminds us for immigration if you have an emergency situation dont hesitate to contact your local senator for help.
My friend sent his and family's application for advance parole. Advance Parole (also, AP) - a travel document authorizing one, in certain situations, to return to the U.S. from a trip abroad - most commonly, when one has an AOS application pending for Green Card. BCIS office is still processing his advance parole and his father-in-law expired during this time in India.
It is a shock to my friend and his wife of whatever the circumstances. He started exploring of any emergency route of getting the AP expedited. He contacted Indian Embassy at Chicago and spent numerous hours requesting them if they can help him out of this situation by talking to Texas service center which processes all this AP applications. Nothing worked out for him. He lost three working days making rounds to Chicago Indian embassy.
The only option he had is to go to India without AP because of emergency circumstances like this. Once out of US it is well known that how difficult to get these documents from an immigration agency.
He kept contacting the Customer Service line. They are supposed to be able to contact the concerned service center and find out the status of the AP case. As written in many immigration forums that if there is a bona fide emergency which can be documented, contacting the AILA Liaison or one's Senator's office may help in obtaining the AP faster in some cases.
Friend got Obama’s office numbers in Chicago and found that "Senator was too busy with his campaigns for a week time and not giving any appointments" was told by his
secretary. As a last try this friend some how got Obama's personal phone numbers from his Desi contacts and explained the situation of his emergency circumstances to Obama. Senator immediately responded in his quest to seek out the little guys who need handholding in the big, bureaucracy ridden world of immigration boundaries.
Obama’s secratary arranged a meeting with the Texas service center. "He's promised to set this right," says my friend. Same day appointment was given and he told secretary to make calls and finish this case by evening of that day. By evening with all faxes of required copies my friend finally got his AP from Texas service center. Friend left to India the next day and was able to attend his father-in-law's funeral.
Obama not yet be able to rattle off the whole Desi population vote bank but I believe his small helps for the needy have earned him good PR, but can he be called the "aam Desi aadmi ka Senator" (the common man's Senator)?
Hold on take a look at this article about - Are Democrats India friends?
Besides this Obama has tough competition from Hillary Clinton.
Whatever the case In sum, My friend tells this story to every one he knows and probably this is like silently campaigning for him to win his presidential elections.
Good luck Obama!
Here is an incident that happened to my friend who got help from Obama at the right time. Also this incident reminds us for immigration if you have an emergency situation dont hesitate to contact your local senator for help.
My friend sent his and family's application for advance parole. Advance Parole (also, AP) - a travel document authorizing one, in certain situations, to return to the U.S. from a trip abroad - most commonly, when one has an AOS application pending for Green Card. BCIS office is still processing his advance parole and his father-in-law expired during this time in India.
It is a shock to my friend and his wife of whatever the circumstances. He started exploring of any emergency route of getting the AP expedited. He contacted Indian Embassy at Chicago and spent numerous hours requesting them if they can help him out of this situation by talking to Texas service center which processes all this AP applications. Nothing worked out for him. He lost three working days making rounds to Chicago Indian embassy.
The only option he had is to go to India without AP because of emergency circumstances like this. Once out of US it is well known that how difficult to get these documents from an immigration agency.
He kept contacting the Customer Service line. They are supposed to be able to contact the concerned service center and find out the status of the AP case. As written in many immigration forums that if there is a bona fide emergency which can be documented, contacting the AILA Liaison or one's Senator's office may help in obtaining the AP faster in some cases.
Friend got Obama’s office numbers in Chicago and found that "Senator was too busy with his campaigns for a week time and not giving any appointments" was told by his
secretary. As a last try this friend some how got Obama's personal phone numbers from his Desi contacts and explained the situation of his emergency circumstances to Obama. Senator immediately responded in his quest to seek out the little guys who need handholding in the big, bureaucracy ridden world of immigration boundaries.Obama’s secratary arranged a meeting with the Texas service center. "He's promised to set this right," says my friend. Same day appointment was given and he told secretary to make calls and finish this case by evening of that day. By evening with all faxes of required copies my friend finally got his AP from Texas service center. Friend left to India the next day and was able to attend his father-in-law's funeral.
Obama not yet be able to rattle off the whole Desi population vote bank but I believe his small helps for the needy have earned him good PR, but can he be called the "aam Desi aadmi ka Senator" (the common man's Senator)?
Hold on take a look at this article about - Are Democrats India friends?
The rising star of the Democrats, Senator Obama, has lent his name to an amendment that prevents India from storing fuel for its imported reactors," pointed out M. J. Akbar, editor-in-chief of The Asian Age. And The Hindustan Times described it as "a clear indicator that doing business with a Democrat-dominated Congress will not be easy."
Besides this Obama has tough competition from Hillary Clinton.
Hillary’s supporters don’t think Obama will get far with Indian-Americans because as Joseph Crowley, Democratic Congressman explains, "She has a demonstrated commitment not only to Indo-Americans but to the relationship between the United States and India. Se has a record as a Senator and as a First Lady that I don’t think Senator Obama can even come close to comparing with."
The race between Hillary Clinton and Barack Obama is already shaping up to be a fierce contest across America, and could split the Indian-American community as well. So. will it be Hillary’s experience or Obama’s energy? Well, this might be a tough call to make because Indian-Americans seem to find qualities to support in the major candidates, on either side of the Democratic divide.
Whatever the case In sum, My friend tells this story to every one he knows and probably this is like silently campaigning for him to win his presidential elections.
Good luck Obama!
Labels: Advance Parole, Ap, Desi, EAD, Emergency, Immigration, Presedential candidate, Senator Barack Obama, South Asian Indians
written by Kalyan @ 2:50 AM,
,
My reflections on new CIR law
Desicritics article analyzed the effects of new CIR law introduced:
1. Instead of the current allocation of 140,000 immigrant visas (green card) to skilled workers, this bill brings it down to 90,000.My Comment : This will hugely impact Indian applicants as out of 90,000 visa numbers there are only few % allocated to India, the best case scenario is availability of around only 20,000 visa numbers which will further retrogress the dates.
2. It will require H1B holders to renew their visas on an annual basis.My Comment : Never ending saga , renew and renew and no wonder after few years if we hear the words " I'm in my 12th year extension"
3. Under its merit based points system, an agriculture worker can earn 25 points for working 100 days a year for 5 years, while a skilled individual will get 10 points for working the same number of years!My Comment :Promoting other fields is not a issue but neglecting skilled workers at this crucial juncture of globalisation transformation will adversely effect American future skilled workers.
4. Economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.My Comment : Politicising the issue for votes does good only to politicians and seriously effects US talent pool shortage.
Labels: CIR bill, eb-2, eb-3, GreenCard, Immigration
written by Kalyan @ 11:48 AM,
,
Immigration reform bill deal is reached in Senate
NY times on Immigration reform bill:
What's the big deal as this bill is for illegal immigrants ?
->The reason is we don't know clearly who will fall under guest worker program and some twists/interpretations may push some of the catagories of visa numbers to current.
->Also the Graduate MS Degree holders from US schools that was published in times of India may be part of this bill
But we don't know what decision is actually reached ... wait and watch.
WASHINGTON, May 17 — Senators from both parties announced an agreement this afternoon on immigration-reform legislation that would bring illegal immigrants and their families “out of the shadows and into the sunshine of American life,” as Senator Edward M. Kennedy put it.
What's the big deal as this bill is for illegal immigrants ?
->The reason is we don't know clearly who will fall under guest worker program and some twists/interpretations may push some of the catagories of visa numbers to current.
->Also the Graduate MS Degree holders from US schools that was published in times of India may be part of this bill
But we don't know what decision is actually reached ... wait and watch.
Labels: green card, Immigration, retrogression
written by Kalyan @ 12:35 PM,
,
Green Card : Talk of the town - priority dates for EB2 , EB3 advanced significantly
Update : Priority dates have become current.Please check the July visa bulletin
Yesterday was in deed a real good day for immigrants who is in Green Card process as long-awaited priority dates movement appeared in US Department of State's current Visa bulletin for June 07.
This is what happened for India applicants : EB-2: Jumped from 01/08/03 to 04/01/2004 , EB-3 From 08/01/2002 to 06/01/2003 and Other Workers from Unavailable to 10/01/2001.
This news is significant and all those who are effected with retrogression should start rejoicing as the wait is over for some people (with priority dates less than what was mentioned in bulletin) who are waiting to file I485 for EAD.
For others too this is a good news if we see the same pace in the numbers movement then there is a high chance that priority dates may become current.
Please check June Visa Bulletin and see for your case if retrogression is over for you.
Labels: eb-2, eb-3, GreenCard, Immigration, priority dates, retrogression, visa bulletin, VisaNumbers
written by Kalyan @ 10:33 AM,
,
CIR - Green Card Movement updates
CIR - Comprehensive Immigration Reform bill may get introduced quicker than planned.It means a lot to many non-immigrant visa holders (H1-Bs) who can expect the labor prirority dates for India to move forward for all categories (EB3 and EB2) so that all applications waiting to file 480 (Adjustment of status) can file so once visa numebers are available they get their EADs.Lots of technology groups like recently Bill Gates of Microsoft corp. is advocating for this bill.
I'll be blogging regularly and lets track this news and see where we head with this latest set of immigration rumors.
I'll be blogging regularly and lets track this news and see where we head with this latest set of immigration rumors.
Labels: GreenCard, H1-B, Immigration, VisaNumbers
written by Kalyan @ 2:03 PM,
,
Exit is not far..buckle up few more miles to US Green Card
To only US Indians ( Guys back home you can ignore all this crap and njoy the India's cricket match win against South Africa)
haa some what good news for immigrants..What does this mean, If we have our labor cleared by the time this BILL is finalized in weeks or months we can have our work authorization after applyng for 140 and 485 , that's a big life saver...read the details ..
http://www.murthy.com/nflash/nf_111805.html
Retrogression
Unused employment-based visa numbers would be added to the available numbers for immediate use. There would be a limit of this "add in" of 90,000 per year, and it appears that there are only about 90,000 to 100,000 of these unused immigrant visa numbers available. Thus, this would be a short-term improvement.
Exempt derivative spouses and children from the annual immigrant visa cap count. This would be an enormous improvement and a significantly longer-term solution to the retrogression problem. Only the actual beneficiary would be counted against the numerical immigrant visa limits.
Allow for the I-485 filing even if an immigrant visa number is not available. This would also not really solve the problem, as people would just have to wait longer at the I-485 stage. It would help address certain situations, however, especially involving dependant spouses and children. It would also facilitate the ability to obtain employment authorization and use of AC21 portability.
haa some what good news for immigrants..What does this mean, If we have our labor cleared by the time this BILL is finalized in weeks or months we can have our work authorization after applyng for 140 and 485 , that's a big life saver...read the details ..
http://www.murthy.com/nflash/nf_111805.html
Retrogression
Unused employment-based visa numbers would be added to the available numbers for immediate use. There would be a limit of this "add in" of 90,000 per year, and it appears that there are only about 90,000 to 100,000 of these unused immigrant visa numbers available. Thus, this would be a short-term improvement.
Exempt derivative spouses and children from the annual immigrant visa cap count. This would be an enormous improvement and a significantly longer-term solution to the retrogression problem. Only the actual beneficiary would be counted against the numerical immigrant visa limits.
Allow for the I-485 filing even if an immigrant visa number is not available. This would also not really solve the problem, as people would just have to wait longer at the I-485 stage. It would help address certain situations, however, especially involving dependant spouses and children. It would also facilitate the ability to obtain employment authorization and use of AC21 portability.
Labels: Immigration
written by Kalyan @ 1:51 AM,
,
I'm Kalyan from Chicago, Illinois, United States. I write articles about Cricket matches and their reviews, Money saving Deals and tips, Immigration info related to Green Card or EAD or AP or H1-B, Road to MBA degree and afterwards. I'm writing in hope and passion that one person will be better because he or she benefits from these posts.
