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Thursday, June 30, 2011

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  • r2i2009
    01-18 08:11 PM
    Still Desi companies are not following Labor laws.
    I know a company in OHIO still exploiting H1Bs......but payroll being generated....


    Hmmmmmm......USCIS this is not enough.





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  • leo2606
    09-23 04:41 PM
    I got mine approved 2 months back from countrywide with out any issues.and I got good interest rate too.

    Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.





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  • mbawa2574
    09-28 10:21 AM
    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

    Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.


    If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.

    Who to write to

    Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).

    You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).

    Please use valid email addresses and NOT fictitious/junk mail. It undermines the whole purpose and our emails will be flagged by mail scanners / spam checkers as some thing similar to famous Nigeria bank account scams.


    Email Subject: Proposal to alleviate current US Housing/economic crisis

    Content/Message

    SUMMARY

    This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis � the illiquidity of the national housing market. The above calculation is done
    assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.

    BACKGROUND

    Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.

    It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.

    SOLUTION

    Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.


    How can Employment based Immigrants help alleviate the housing problem?

    (1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.

    (2) Average income of these individuals/households is around 65,000/130,000 USD.

    (3) All these Employment based immigrants have gone through Department of Labor�s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.

    (4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.

    (5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most � at the banks.

    (6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.

    (7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.


    As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.

    END OF CONTENT

    This would be a great idea and anywaz US will have to do something out of box to resolve this crisis. They have already lost the status of economic superpower and this country is going towards breakdown in case they don't welcome immigrants who bring in/generate capital for this country. Protectionists really need to be shut off at this point of time.
    Now Questions is the best way to accomplish this ? In 2007, I wrote multiple emails to vicepresident@whitehouse.gov regarding this but never got a response. So if we can get this thought into their minds, this can resolve our issue and can give a good amount if relief to housing industry.





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  • jonty_11
    07-11 06:11 PM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
    You are just looking at a few rotten apples in an apple farm ..here....Just like software or a server, a system should be robust enough to endure abuse, if it does not it should be modified to do so....no one is stopping DOS/USCIS to put in more checks and ba;ances for GC or H1 Process.....question is will they ever do it...probably not...look at how CIR failed....So you have to look at the oeverall picture rather than pointing at isolcated cases of abuse....which are neglible compared to valid employment based GC cases.

    The US immigration system is broken and everyone knows it. That is why Microsoft opened new office in Vancouver.



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  • mbartosik
    02-13 04:45 PM
    The level of commitment for those that would be plaintiffs, unlike the MI DL case would be a lot more, because USCIS could attempt to adjudicate their cases aggressively. The level of money would be significant. Think $200 per hour, for many man months of work. Without at least $50K in the pot with plenty more available I wouldn't even entertain it.

    The level of time commitment is probably equivalent to obtaining 500 letters to the president.

    So how about we have a pole.

    First question is how much you are willing to contribute?


    Are you willing to be a plaintiff with a $10K penalty for withdrawing?

    Let's make that last question only open to those who have obtained or will obtain at least a 100 letters, and have already demonstrated willingness to travel to court hearings and depositions (like attending the DC rally and meeting law makers etc.).


    I suspect that less than 10 people are qualified to vote to be plaintiffs, based on my commitment criteria and some of them already have GC or will likely have soon.

    To put the effort into context both Walking_Dude and myself put a lot of effort into MI DL issue. We needed people with legal standing to sue. The two we had dropped out late, one on the day before filing complaint. I had put at least 40 hours working on this (but being in NY I don't have legal standing).

    I've done litigation before, and done some Pro Se (latin on behalf of self - no attorney), believe me the litigation that you are talking of requires considerable time and commitment (unlike the MI DL issue which only required a few hours of the plaintiffs).

    It would cut us off from USCIS. Once litigation starts you are burning your bridges. I can see only one practical way to do litigation, that is for an small group with no clear IV affiliation to do it, that instantly eliminates any committed members.

    So let's stop talking about this and invest in letters.





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  • amitjoey
    01-13 12:24 PM
    Members: Please - refrain from fighting about EB3/EB2.

    IV is for everybody and IV has always tried to be balanced and fair to all categories. Please read the provisions that IV is asking for.

    The goal is for zero backlog -Then where is the question of EB3 lagging behind.

    IF we get what we are asking for- ie: recapture, not counting dependants and no country quota, then there wont be backlog in any of the categories.



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  • mallu
    02-13 02:00 PM
    Well, i see only congress can do it. But still, in the EB skill based immigration that law is barbarian. Do companies find the much needed critical talent based on country of birth ?





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  • lazycis
    02-18 01:30 PM
    Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.

    Did you ask you lawyer? It's so much easier to criticize.
    My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.



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  • chanduv23
    06-27 11:34 PM
    This thread is enough to keep the BP at higher levels to the already stressed out folks.

    A lot of people who do not follow immigration stuff have the following perception

    (1) All dates moved - we will all get green cards
    (2) People started applying PERM now - thinking they can make it by September
    (3) They think US wants to keep its valuble people and thats why they opened up the gates
    (4) Some think Indian govt putting pressure on US govt to issue GCs to Indians or else threaten to severe trade ties
    (5) Some thing There is a link between CIR and this. Before CIR is forced implemented they want to clear their existing backlogs so that they get ready to deal with Y and Z stuff
    (6) Some think this decision was taken to clear backlogs so that every new applicant will come under the new points system proposed in CIR

    So many theories, interpretations, perceptions ..... Everything seems to be a perception here





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  • GCVictim
    08-25 04:14 PM
    Dear Immigration Attorney,

    My wife went India with her existing AP (not shown at airport), She already applied AP renewal before she leaves country. Can she come back to US using her new (renewed) AP? i.e. If I mailed that renewed approved AP to India,will she come back (carry) with that renewed approved AP.


    If she comes with renewed AP, Will that effect anything with I-485 file?



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  • chanduv23
    05-29 03:45 PM
    Folks - here is the thing. lets work towards fixing our issues.

    If people feel USCIS must know about EB1 fraud or other stuff, there are enough people to write to them and if people want to write to USCIS - no one stops them from writing.

    As such, so many people write about different things - people write about eb2 - people write about consulting companies etc... So if you wish to do what you want to do you can do it.

    Remember - when you make a claim that someone is falsfying or breaking law you must present facts and explain properly as to why you think it is not right and why you think you are affected by this.

    Now when you do this - someone can definitely write why they think what YOU are doing is not right and why there are issues with your application.

    IV focuses on advocacy - together we resolve our issues. Things like employer not paying salary, employer benching, cheating etc... are things IV members must collectively deal with andhelp themselves.

    Things like wrongful denials when used AC21, poor customer service etc... are ones IV members can collectively resolve and IV helps

    Things like organizing grassroots efforts, job networking, help networks, lobbying etc... are the kind of things IV stands for.





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  • Subst_labor
    03-17 11:09 PM
    well if you feel offended, i am ready to offer my apologies. are you ready to take back your baseless accusations-that got me started up in the first place.

    BTW, i dont even know what IV is??



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  • jonty_11
    02-12 02:11 PM
    man..I do not see any hope for India...EB2 esp.

    This sucks...we are in for along haul teh indians on this community...brace urselves.





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  • admin
    12-31 07:22 PM
    Very good find logiclife. Hope we can get such good points across to our legislators.



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  • ItIsNotFunny
    11-06 03:17 PM
    Time to push it.. 200K will buy houses is quite believable given the points that we have monies to do it, and given the market. We need a campaign. Also once the new President wins, never forget to congratulate him and at the same time request help.

    Lets do this. Contgratulate Obama with proposal of GC for House scheme (need better words though :)).





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  • snathan
    05-01 11:29 PM
    friends lets not fight and over estimate ourselves ..we cannot do anything to solve or highlight our own issues ..then how can we do anything about something happening far away !!!
    that being said ..both sides are to be blamed ..SL and Tamil leaders in SL.
    SL because they treated tamils as second class citizens even though they were born in SL ..and tamil leaders because they did not accept peace offers / try to give up violence ..
    and don't compare this to kashmir ..Kashmiris (except the pandits) are not second class ..they have super / very high class status .
    as for congress party (India) ..it is the biggest villian ..why did it send army to SL ..Rajiv Gandhi should have sent his relatives first

    We are not fighting here for the LTTE or SL. We are not happy to see how our incumbant Indian govt is. This is the same fate we/our generation going to face in the future whatever may be the reason.

    Somewhere in the world when one jew is getting killed how the ISREAL govt is reacting. They never mind to go after those guys. But we are unfortunate not to have such govt.

    Well..I wont post anything in this thread anymore.



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  • thomachan72
    01-13 01:29 PM
    Can somebody who can access the document put out the important points/changes that are in there?





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  • rajsenthil
    08-17 03:40 PM
    May be that immigration officer might have seen his stupid movie(s) and really got irritated. Finally when he got a chance, he let out his frustration.





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  • gc_on_demand
    09-14 03:41 PM
    What are the hopes for individuals who missed Jul 07. In my case my labor got approved in Oct 07 and we are still waiting for the date to be current to be able to file for EAD / AP. Based on the figures that you show, I believe that all 2006 people should get cleared in the coming year and the traffic for 2007 & 2008 is quite less. What are the predictions for the PD movement till year end?

    Your PD will be current by Sep 2010. Or if you are lucky you may get GC by that time.

    If you get GC donate to IV.





    lazycis
    02-13 02:37 PM
    http://www.ailf.org/lac/lac_lit_030402a.asp
    WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service's (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.

    Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.

    The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government's practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.

    If 50 asylees managed to get enough money for action, 50 high-skilled immigrants can do it too. Otherwise I'll be greatly dissappointed. Lack of action is a killer. I was shoked to read walking_dude's post that nobody from MI volunteered to be a plaintiff in DL case. If people do not want to help themselves, IV won't be able to help them.





    longq
    02-14 10:13 PM
    I'm sorry, I haven't monitored the web-site since my last posting.

    Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.

    However; today reality really hit me hard.

    One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).

    He was the one of the nicest guys I have talked to. Very courteous fellow.

    They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.

    She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.

    I need a couple of days to get over this.

    It is very sad to hear this story. Very sorry for him and his family. May god bless his family. When we here this kind of story, in a foreign land where no relatives are there, the life is so pathatic here. The reality is differnt. There is something big and important for us other than green card. The life, health and family is very important than GC. May god bless all of us.

    Once again, very sorry for your nice friend.