mrdelhiite
07-02 04:07 AM
We mailed my wife's PP on the 29th. I spoke to the customer service rep at USCIS and he said post mark date is what they see. But I have been seeing other websites say that its got to be received. Thats doesnt sound logical. So wait and watch I guess.
it has to reach USCIS by 29th ... those customer reps are so ignorent if you call them today and ask about when is the getting suspended they will say they have no clue.... dont believe them ...it is effective july 2. Sorry to give you the bad news.
-M
it has to reach USCIS by 29th ... those customer reps are so ignorent if you call them today and ask about when is the getting suspended they will say they have no clue.... dont believe them ...it is effective july 2. Sorry to give you the bad news.
-M
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leoindiano
05-29 11:25 AM
It is a competition, Indian kids are winning. This is not ultimate thing in life. Still last night it was highly viewed, coveted title and winning it is not a small achievement. I would say just be happy for them.
I am happy for the girl and their family. I wish her best of luck and hope she would become BEST neurosurgeon in USA.
I am happy for the girl and their family. I wish her best of luck and hope she would become BEST neurosurgeon in USA.
soni7007
04-25 10:35 AM
Only if the employers knew how much productive time we are spending surfing immigration websites using their resources !!!
All the suggestions are good but think who gets to influence USCIS more ? It is the EMPLOYERS.
Action Items are:
1. We let our employers know the current issue
All the suggestions are good but think who gets to influence USCIS more ? It is the EMPLOYERS.
Action Items are:
1. We let our employers know the current issue
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getgreensoon1
04-20 12:04 PM
My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.
Good suggestion.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
As if the porting rules are going to stay the same. There are many things legit eb2 people are doing that will make this bogus porting impossible.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from you.....one from your eb3 application and two from your high risk eb2 application which will eventually be rejected.
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied.
Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
I did not know unskilled workers can file for greencards in EB3. I think things are getting better and USCIS is now trying to stick to the rules.
Good suggestion.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
As if the porting rules are going to stay the same. There are many things legit eb2 people are doing that will make this bogus porting impossible.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from you.....one from your eb3 application and two from your high risk eb2 application which will eventually be rejected.
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied.
Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
I did not know unskilled workers can file for greencards in EB3. I think things are getting better and USCIS is now trying to stick to the rules.
Sree Swathi
04-21 02:06 PM
A Quick Question.
Can parents stay here for 5 1/2 months go back for say a month or two and come back again for 5 1\2 months? Would this pattern be suspected during visa renewal?
sachuin23...don't do this...they can revoke your parents 10 year visa and they need to go and get visa again..this is too much stress on parents.
i know, my friend's parents did this...while entering they were held for many many hours. Finally they got entry permit and told them for 1 year, they are not suppose to enter back again. If they do, visa will be revoked.
Can parents stay here for 5 1/2 months go back for say a month or two and come back again for 5 1\2 months? Would this pattern be suspected during visa renewal?
sachuin23...don't do this...they can revoke your parents 10 year visa and they need to go and get visa again..this is too much stress on parents.
i know, my friend's parents did this...while entering they were held for many many hours. Finally they got entry permit and told them for 1 year, they are not suppose to enter back again. If they do, visa will be revoked.
jamesbond007
09-05 03:41 PM
AC21 is nothing to do with AP. In AC21, you are changing the job WITHIN US, not leaving US. There is some securty related reason, for requiring one must not leave USA when AOS is pending. AP is for a short emergency travel during AOS. Yes..it will be a pain if AOS takes many years, particularly travel issues.
Yes. AC21 has nothing to do with AP directly.
But it enables job easy change into a similar job if you have EAD. And that provision is predominantly used by people going thru the AOS process.
When they use AC21 to change jobs, they are strictly in AOS and not in another visa status.
My point was that when AC21 was made, they did not look at all the down stream impacts.
anyways... lets not argue about AC21<->AP.
Since DOS routinely updates their forms, why can't the the form used for AP be updated to change its wording?
Can this be approached as an administrative fix?
Yes. AC21 has nothing to do with AP directly.
But it enables job easy change into a similar job if you have EAD. And that provision is predominantly used by people going thru the AOS process.
When they use AC21 to change jobs, they are strictly in AOS and not in another visa status.
My point was that when AC21 was made, they did not look at all the down stream impacts.
anyways... lets not argue about AC21<->AP.
Since DOS routinely updates their forms, why can't the the form used for AP be updated to change its wording?
Can this be approached as an administrative fix?
bindas74
03-18 04:13 PM
I am following from the start of the original post. This was a post by a new member who appears to create rift among the EB2 or EB3. The reason I believe is he just want to incite in such a way that few other folks will respond and keep the thread floating. Later few other posts by himself were created with different ids. just observe the trend and you will notice it.
So folks dont respond any more and this rift creation will die down.
I hope the admins keep this thread open and not kill it. I am not sure what the intentions of the OP ( some of you claimed that he wants to create a rift ), but this is definitely a valid concern for all the EB3(I) guys. This is a natural reaction to the frustrations of EB3(I) guys just like the mass upheaval during the July 2007 VB fiasco. Since it was across the board, there were no differences. Now since this involves only EB3(I), there is not much support from IV or others. But in my opinion, this is as much unfair as the Julay VB fiasco.
Some of the EB2(I) guys are worried that their GC dreams would get delayed if there is any Admin fix for EB3(I). For all those individuals in EB2(I) who want to oppose any kind of admin fix for EB3(I), I just want you to think about it. Is it really fair? There are individuals in EB3(I) waiting since 2001 - a total of 8+ years. Don't get me wrong - but some of the EB2(I) guys who have applied as late as 2006 and 2007 are expecting/hoping to get their GC this year if there is a spillover. And I think these are the individuals ( not all of the EB2 guys though ) who are opposing any kind of admin fix ( please dont yell at me or curse me etc...if you are not one among those mentioned, then please dont worry..this is not about you::) Ofcourse i would like each one of us to get GC as soon as possible) to EB3(I).
And I dont see why there will be a rift between EB2 and EB3 if each of us follows net etiquette in positng responses. Let's do some constuctive brainstoming - without getting into perosnal attacks or getting too emotional. Let's do what is right and not what each one of us thinks is right. Then I guess there wont be any rifts. The only thing I am asking is to get EB3(I) to advnace a little bit. I am not asking for it be on par with EB2(I). I hope some of you see a point in my frustration::))
Do you really want EB2(I) to advance to 2005/2006 while EB3(I) guys are still languishing in 2001? That's totally unfair in my opinion. I know this world is not fair but how can anyone else try to divide us if we all stand united? And to stand united, EB2 guys should be willing to support any initiative to help EB3(I) move from stone ages::))
Peace!
( I am getting ready with my body armour for all the brickbats various people are going to throw at me::))
Regards
So folks dont respond any more and this rift creation will die down.
I hope the admins keep this thread open and not kill it. I am not sure what the intentions of the OP ( some of you claimed that he wants to create a rift ), but this is definitely a valid concern for all the EB3(I) guys. This is a natural reaction to the frustrations of EB3(I) guys just like the mass upheaval during the July 2007 VB fiasco. Since it was across the board, there were no differences. Now since this involves only EB3(I), there is not much support from IV or others. But in my opinion, this is as much unfair as the Julay VB fiasco.
Some of the EB2(I) guys are worried that their GC dreams would get delayed if there is any Admin fix for EB3(I). For all those individuals in EB2(I) who want to oppose any kind of admin fix for EB3(I), I just want you to think about it. Is it really fair? There are individuals in EB3(I) waiting since 2001 - a total of 8+ years. Don't get me wrong - but some of the EB2(I) guys who have applied as late as 2006 and 2007 are expecting/hoping to get their GC this year if there is a spillover. And I think these are the individuals ( not all of the EB2 guys though ) who are opposing any kind of admin fix ( please dont yell at me or curse me etc...if you are not one among those mentioned, then please dont worry..this is not about you::) Ofcourse i would like each one of us to get GC as soon as possible) to EB3(I).
And I dont see why there will be a rift between EB2 and EB3 if each of us follows net etiquette in positng responses. Let's do some constuctive brainstoming - without getting into perosnal attacks or getting too emotional. Let's do what is right and not what each one of us thinks is right. Then I guess there wont be any rifts. The only thing I am asking is to get EB3(I) to advnace a little bit. I am not asking for it be on par with EB2(I). I hope some of you see a point in my frustration::))
Do you really want EB2(I) to advance to 2005/2006 while EB3(I) guys are still languishing in 2001? That's totally unfair in my opinion. I know this world is not fair but how can anyone else try to divide us if we all stand united? And to stand united, EB2 guys should be willing to support any initiative to help EB3(I) move from stone ages::))
Peace!
( I am getting ready with my body armour for all the brickbats various people are going to throw at me::))
Regards
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jsb
08-03 02:19 PM
Let us say USCIS has unused visas, which they want to allocate and they have moved cutoff dates to Jun, 2006 for EB2, similarly Sep 03 for EB3.
My question is, will the visa issuance would be in the order of Priority Dates? or Notification Dates? Recently there has been lot of pressure on USCIS to issue processing results based on Priority Dates, will this force USCIS to correct its ways and issue visas based on Priority Dates.
I might have digressed a little bit on the topic of predicting cutoff dates but this question is lingering among all the IV folks who would be current or already current.
USCIS procedures suggest that for preadjudicated cases, they assign visas in order of PD, which should be the case now as focus appears to be on preadjudication. However, if there are no preadjudicated cases, as seemingly was the case last year, they have no way to do it in PD sequence. In that case, they pick files case by case in sequence of receive date (not the RD on your receipt, but the date when someone entered case data, which is close to ND) which works better for USCIS (but not for us) with wide open cut off dates.
My question is, will the visa issuance would be in the order of Priority Dates? or Notification Dates? Recently there has been lot of pressure on USCIS to issue processing results based on Priority Dates, will this force USCIS to correct its ways and issue visas based on Priority Dates.
I might have digressed a little bit on the topic of predicting cutoff dates but this question is lingering among all the IV folks who would be current or already current.
USCIS procedures suggest that for preadjudicated cases, they assign visas in order of PD, which should be the case now as focus appears to be on preadjudication. However, if there are no preadjudicated cases, as seemingly was the case last year, they have no way to do it in PD sequence. In that case, they pick files case by case in sequence of receive date (not the RD on your receipt, but the date when someone entered case data, which is close to ND) which works better for USCIS (but not for us) with wide open cut off dates.
ganguteli
07-02 12:30 PM
Should we write letters individually stating how this law has been unfair to us personally? I do not think DOJ will respond to each of us individually. This has to be a mass campaign under one umbrella to be effective. I understand that the leaders in IV are pursuing this with congress currently so probably cannot participate in this campaign? What other ways do we have? Could this be an online campaign?
On a separate note, it has been frustrating to see politics in US congress over last two years. I am sure they know about the legal immigrant issues and about retrogression, but clearly say no piecemeal legislation would be passed. They work purely for vote bank which we are not. I would favor working on alteranative means to try to get relief.
Are you willing to put your name in a lawsuit, travel personally spending your own money to the courts, stay up late and do the research with the lawyer and above all spend hundreds of thousands of dollars on expenses of a lawsuit?
When people cannot contribute $25 how can you expect them to contribute 100K+. Even the FOIA campaign 10K amount took about a month to meet. So no point discussing something people cannot do. Let us just focus on writing forum posts. This is the easiest work we can do and it does not cost us money.
On a separate note, it has been frustrating to see politics in US congress over last two years. I am sure they know about the legal immigrant issues and about retrogression, but clearly say no piecemeal legislation would be passed. They work purely for vote bank which we are not. I would favor working on alteranative means to try to get relief.
Are you willing to put your name in a lawsuit, travel personally spending your own money to the courts, stay up late and do the research with the lawyer and above all spend hundreds of thousands of dollars on expenses of a lawsuit?
When people cannot contribute $25 how can you expect them to contribute 100K+. Even the FOIA campaign 10K amount took about a month to meet. So no point discussing something people cannot do. Let us just focus on writing forum posts. This is the easiest work we can do and it does not cost us money.
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Raju
02-15 04:14 PM
Admin,
Is it possible to have some advertisements on the webiste and collect money from the ads. Just a thought! e.g make my trip etc...
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mariner5555
05-02 05:15 AM
https://www.cia.gov/library/publications/the-world-factbook/countrylisting.html
GDP - per capita: India $2,700, US - $46,000
GDP total: $1.09 trillion v. $13.79 trillion
Inflation rate: 5.9% v. 2.7%
growth rate: 8.5% v. 2.2%
It may make sense for you, I am not completely aware of the situation in India. I agree that the situation with GC is bad for EB3 India, but I think there are plenty of opportunities here as well. Just do not base your decision on emotions, keep your cool...comparing India and US by GDP does not make sense.(it is like comparing heaven and earth ..but though US may be rich ..the question is are you becoming rich here ..which varies from person to person) actually when you make a decision to go back ..the question to ask if do I have a better future in India or US. India is growing but you have rotten, stupid, dumbF, (you can keep adding adjectives here) politicians ..just see the recent quota policy endorsed by none other than Manmohan singh.
but if you feel family ties are more important, children will get better education in India //then make a move. but it is one way street as far as US is concerned ..because it is next to impossible to come back and start over again ..the good thing is US is losing its sheen while India is getting better in terms of jobs and other countries are becoming more welcome.
for many ..quality of life in India is much better (in terms of social / party life) ..and I guess they know how to play the system. one of my friends who is a US citizen ..is completely relocating to Pune ..taking with him 20 years of savings / investment ..
GDP - per capita: India $2,700, US - $46,000
GDP total: $1.09 trillion v. $13.79 trillion
Inflation rate: 5.9% v. 2.7%
growth rate: 8.5% v. 2.2%
It may make sense for you, I am not completely aware of the situation in India. I agree that the situation with GC is bad for EB3 India, but I think there are plenty of opportunities here as well. Just do not base your decision on emotions, keep your cool...comparing India and US by GDP does not make sense.(it is like comparing heaven and earth ..but though US may be rich ..the question is are you becoming rich here ..which varies from person to person) actually when you make a decision to go back ..the question to ask if do I have a better future in India or US. India is growing but you have rotten, stupid, dumbF, (you can keep adding adjectives here) politicians ..just see the recent quota policy endorsed by none other than Manmohan singh.
but if you feel family ties are more important, children will get better education in India //then make a move. but it is one way street as far as US is concerned ..because it is next to impossible to come back and start over again ..the good thing is US is losing its sheen while India is getting better in terms of jobs and other countries are becoming more welcome.
for many ..quality of life in India is much better (in terms of social / party life) ..and I guess they know how to play the system. one of my friends who is a US citizen ..is completely relocating to Pune ..taking with him 20 years of savings / investment ..
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gsc999
09-22 06:40 PM
I have added a poll to this thread.
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apt7
05-24 01:51 PM
If such a bill is implemented we all should knock the doors of judiciary department. Each is department is independent of itself.
Bad for consulting companies (no H1B; may lose job)
Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)
Bad for H1b transfers and extensions (severe restrictive provisions on H1B)
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.
Bad for consulting companies (no H1B; may lose job)
Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)
Bad for H1b transfers and extensions (severe restrictive provisions on H1B)
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.
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waiting4gc02
06-19 08:24 AM
Guys:
Just checked the AP and EAD dates are back within the 90 day limit at all centers.
No Panic..!!!!
Just checked the AP and EAD dates are back within the 90 day limit at all centers.
No Panic..!!!!
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masterji
10-16 10:08 PM
My daughter has received her new US passport. Her Indian visa is in her old passport. I understand she can carry both passports with her to India and does not need a new visa. Am I right? Thanks.
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gatec77
08-11 05:33 AM
May be the person who leaked this news and the person who posted in post 3205 is the same. He purposefully leaked same dates at 6.35 PM and later leaked this.
But also it looks like the firm may have got hold of a draft bulletin from somebody in the USCIS.
Very tricky, I would say the chances the bulletin is true is 70 - 30
But also it looks like the firm may have got hold of a draft bulletin from somebody in the USCIS.
Very tricky, I would say the chances the bulletin is true is 70 - 30
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nraja
07-19 12:53 PM
As per my lawyer it reached on Jul 2. I dont know which carrier. If anyone got receipt then please share the same.
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indianabacklog
06-18 02:00 PM
USCIS issues Employment Authorization Documents (EAD) in the following categories:
EAD: This document proves you are allowed to work in the United States.
Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.
If the EAD app is not approved in 90 days, we can request an interim.Doesn't sound like a big problem then.......Am i missing something? Some folks said Interim EAD have been discontinued....but this on their official website???
I actually asked about the interim EAD thing while I was at my fingerprinting appointment at the local office. They do not have the equipment any more for producing these cards. However, if your application takes more than 90 days you can go to them and they will send an email to USCIS and you should then receive one within two to three weeks. I was told that calling the 1 800 uscis number and following up when things have gone beyond 90 days should have the same effect.
I am more than a little skeptical that this would work out. Have yet to find out since my spouse's EAD has only been pending for five weeks at this point.
EAD: This document proves you are allowed to work in the United States.
Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.
If the EAD app is not approved in 90 days, we can request an interim.Doesn't sound like a big problem then.......Am i missing something? Some folks said Interim EAD have been discontinued....but this on their official website???
I actually asked about the interim EAD thing while I was at my fingerprinting appointment at the local office. They do not have the equipment any more for producing these cards. However, if your application takes more than 90 days you can go to them and they will send an email to USCIS and you should then receive one within two to three weeks. I was told that calling the 1 800 uscis number and following up when things have gone beyond 90 days should have the same effect.
I am more than a little skeptical that this would work out. Have yet to find out since my spouse's EAD has only been pending for five weeks at this point.
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ssingh92
03-15 10:44 AM
Thanks xlr8r!! I am filing today. Dont have I140 receipt number.
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mhtanim
10-25 10:11 PM
Are you serious lawyers suggesting to return GC?
I think there was one case that I saw at Murthy web site where the guy went backhome and got married. Came back and found that his green card was approved while he was in his home country and before the wedding took place. Interesting part was that his PD was not current at that time. Because of the situation, he couldn't bring in his wife in H4 anymore.
The lawyer recommended him to return his GC as it was mistakenly issued by USCIS. Lawyer had to deal with USCIS and returned the GC.
I think there was one case that I saw at Murthy web site where the guy went backhome and got married. Came back and found that his green card was approved while he was in his home country and before the wedding took place. Interesting part was that his PD was not current at that time. Because of the situation, he couldn't bring in his wife in H4 anymore.
The lawyer recommended him to return his GC as it was mistakenly issued by USCIS. Lawyer had to deal with USCIS and returned the GC.
hunkuncontrolled
04-02 12:59 PM
Please do not misinterpret IV.
If tomorrow there is a bill to stop all H1B from coming to USA or to make life difficult for H1B, do you really think we will keep quiet just because we have filed our greencards?
Do you know IV worked hard for decoupling of H4 time from H1 in 2006 and we thought nothing may happen and started to focus on next action item. Then few months later it was changed. That was the first small step.
I would appreciate if you ask your spouse if she/he can volunteer time for IV. You both can get more involved. Send us an email if you are interested. We are always interested in people who can volunteer more time than us (We do full time jobs too. A couple of us also are enrolled in a part time degree program). We are willing to have such an H4 be a leader in IV.
IV is a platform that will allow you voice your plight. But you will need to come forward and be willing to actively work on it with others. If the strategy is right, you are committed and have right intentions there is no reason why IV will not help.
Thanks .
If tomorrow there is a bill to stop all H1B from coming to USA or to make life difficult for H1B, do you really think we will keep quiet just because we have filed our greencards?
Do you know IV worked hard for decoupling of H4 time from H1 in 2006 and we thought nothing may happen and started to focus on next action item. Then few months later it was changed. That was the first small step.
I would appreciate if you ask your spouse if she/he can volunteer time for IV. You both can get more involved. Send us an email if you are interested. We are always interested in people who can volunteer more time than us (We do full time jobs too. A couple of us also are enrolled in a part time degree program). We are willing to have such an H4 be a leader in IV.
IV is a platform that will allow you voice your plight. But you will need to come forward and be willing to actively work on it with others. If the strategy is right, you are committed and have right intentions there is no reason why IV will not help.
Thanks .