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Member Profile: prudent (19 posts)

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Hello, I'm prudent (report this user)
I am from India
I last logged in on 29 Jan 2015
I have been a member since 01 Sep 2008
I have added 19 posts in trackitt forums
I added my last post on 29 Jan 2015
prudent's Immigration Cases
 
PERM case: Approved in 112 days (122 days less than average)   (0 comments)
User: prudent Nationality: India
Priority Date:07 Dec 2012Category:EB2
Audit Received?:noAudit Received Date:
Reason for Audit:Audit Replied Date:
Application Status:approvedApproval/Denial Date:29 Mar 2013
Total Processing Time:112 daysDays Elapsed:
Case Added to Tracker: 15 Dec 2012 Last Updated: 01 Apr 2013
Notes:

H-1B case: Approved in 63 days (31 days less than average)   (6 comments)
User: prudent Nationality: India
Application Type:extensionService Center:California
Processing Type:regularApplication Filed:23 May 2011
USCIS Received Date:25 May 2011Receipt Number:
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:25 Jul 2011
TN Status:Most Recent LUD:
Total Processing Time:63 daysDays Elapsed:
Case Added to Tracker: 23 Jun 2011 Last Updated: 25 Jul 2011
Notes:
prudent's Posts
Posted in I-765 (EAD) Forum on 29 Jan 2015
Topic: EAD for H4 Visa Holders

As I said, there is some room for interpretation there. And, since that is not the topic of this thread, I will leave that discussion for another thread, another time.
H-4 EAD is "close at hand" and so let's just focus on getting it done.
As for me, I am not big on Twitter or Social Media, I prefer to write to WH. I have done that in the past and will keep doing it. I think it has to be a letter written by people on their own and not on a shared template. I believe the personal touch, your own story makes it much more effective.

Good luck and let's get this done!
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Posted in I-765 (EAD) Forum on 29 Jan 2015
Topic: EAD for H4 Visa Holders

I completely agree.

However, there is no reason for us, with legal status, to abandon our status. We could very well be documented, on H-4, and still apply under DAPA. No where in the executive action detail does it say, you *have* to be undocumented to benefit.

There is no legal basis for USCIS to deny EAD and protections under DAPA if we were to apply if we otherwise meet the required conditions.

DHS/USCIS did not specifically, state it, but it is quite clear to me, at least, that this is a given. Laws (EA in this case) are left a little vague deliberately, to leave some open ground in interpretation.

If applications from those on legal status were to be denied just because they are in the country legally with immigration application approved, DHS/USCIS can be challenged in court.

I am pretty sure, DHS/USCIS understand all this, and will not let it come to this. For this reason, I am quite certain that H-4 EAD rule will be cleared before DAPA is implemented, in May.

I don't think we have any other option before that other than campaigning for it. But, come May and if H-4 EAD is not implemented, I would be filling out application under DAPA.
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Posted in I-765 (EAD) Forum on 26 Nov 2014
Topic: EAD to legal immigrants before undocumented

More analysis and views from business community of Executive Action. Conclusion - no clear, time bound relief to legal immigrants in backlogs.
https://www.yahoo.com/news/obamas-immigration-mo...

You can make the difference. Sign the petition.

https://petitions.whitehouse.gov/petition/legal-...
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Posted in I-765 (EAD) Forum on 26 Nov 2014
Topic: EAD to legal immigrants before undocumented

Yes, anyone can create an online petition. High time we did about what we all want have been yearning for for so long.

It was an online petition for H4 Ead that elicited response from White House and brought the issue to forefront.

We have to start somewhere. And, we can't give up. Not when we are so close.

https://petitions.whitehouse.gov/petition/legal-...
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Posted in I-765 (EAD) Forum on 26 Nov 2014
Topic: EAD to legal immigrants before undocumented

Thanks to those who have signed the petition and voiced their opinion.

Since the beginning of the immigration debate fortunes of legal immigrants have been bundled with those that are undocumented. Legal immigrants did not ask for it. Politics of immigration meant that one group cannot get relief unless the other did. We didn't say anything. Legal immigration issues were hardly mentioned in the debate. We were largely spectators of the immigration reform movement. We kept belief that any reform will include relief for legal immigrants in the queue.
Now, when the EA has been announced and when it does not give at least what it gives to undocumented immigrants, we need to raise our voice. The petition does that.

Get yourself counted.

Do not think it will not make a difference.

Your voice matters!

Please sign the petition.
https://petitions.whitehouse.gov/petition/legal-...
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Posted in I-485 Forum on 26 Nov 2014
Topic: Latest on Obama EO

You know what, I may just do that. If there are like minded people who would want to get together and go to D.C to meet Administration officials, count me in. Happy to do that even if it is for a few minutes.
I appreciate your response. However, petitions are an important tool. Every petition that voiced our concerns, however many signatures it received, helped the cause of immigration reform. Do not under estimate the voice of the people in democracy.
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Posted in I-765 (EAD) Forum on 26 Nov 2014
Topic: EAD to legal immigrants before undocumented

There is absolutely a need to compare. Legal immigrants with immigration petitions approved have to wait for years while the undocumented get an EAD. Administration should take a note and see how unjust that is. All we are asking is that relief be given to one standing in the queue first.
You seem to suggest that one is on a higher ground by not protesting and comparing. I beg to differ. The difference is to be highlighted as it is unjust unto itself. And, I would let go of that higher ground and voice my concerns anytime.

Sign here: https://petitions.whitehouse.gov/petition/legal-...
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Posted in I-485 Forum on 26 Nov 2014
Topic: Latest on Obama EO

Thank you for responding. Without getting personal, I will tell you that raising your voice in a democracy is not making noise.
You have a right to voice your opinion as do I and everyone else.

Whatever you and I are getting, is because some one raised their voice. Someone petitioned the administration. Someone protested. No change is to come by just accepting what you are given.

Sign here:

https://petitions.whitehouse.gov/petition/legal-...
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Posted in I-765 (EAD) Forum on 26 Nov 2014
Topic: EAD to legal immigrants before undocumented

Thank you for taking the time to read and respond. There is no denying the fact that undocumented families suffer a lot. And, I for one welcome the steps President announced for them. Good for them!
The legal immigrant community has much to learn from them. In displaying unity and making our voice heard.

No one else is voicing your concerns. You have to do that, yourselves.

I did compare our situation with those of undocumented as it was not fair. There is a need to highlight the difference.
We are not saying, don't give benefits to others. We are asking that we be treated fairly. And that is everyone's right.
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Posted in I-765 (EAD) Forum on 26 Nov 2014
Topic: EAD to legal immigrants before undocumented

Thank you for signing. Let's keep the momentum going.

We all agree that we deserve better. We are a big community and we mean business. I do not see how it is justified to give EADs to undocumented while keep the legal immigrant community waiting. The Executive Action announced coming up with suggestions in 120 days. Then, there will be rule making process, if any. And we all know how long that can take.

When CIR was passed in the Senate last year, all the research, hearings, due diligence were conducted. The impact, processes and mechanics of implementation were sorted out - long time ago. We had a bill that passed! What else is to be studied now that warrants the 120 days to come up with suggestions and the rule making process. This is just slowing things down.

Again, if administration can grant EADs to undocumented in 90 and 180 days, legal immigrants certainly deserve better than what was announced.

If you agree, please sign here:

https://petitions.whitehouse.gov/petition/legal-...
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Posted in I-485 Forum on 26 Nov 2014
Topic: Latest on Obama EO

Awesome. Let's share the link and get it posted on the H4 EAD Facebook page as well.

We can make a difference and get heard. Doctors, Engineers, Scientists, Software Engineers among us and we get EAD months/years after everyone else who broke the law! We cannot accept that.

Every signature matters. Make yourself count!

https://petitions.whitehouse.gov/petition/legal-...
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Posted in I-765 (EAD) Forum on 25 Nov 2014
Topic: EAD to legal immigrants before undocumented

No time bound relief to legal immigrants while undocumented immigrants get relief after relief in a time bound way. No way!

Get yourself heard. Make a difference. Sign this petition.

https://petitions.whitehouse.gov/petition/legal-...
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Posted in I-765 (EAD) Forum on 25 Nov 2014
Topic: EAD for H4 Visa Holders

We can either sit and do nothing or make our voice heard.
Crying baby gets the milk.

How can a community of educated, well qualified, most affluent and law abiding people get so far behind that it is put in priority after undocumented immigrants?
Make your voice heard. Be counted. Be heard. Sign this petition.

https://petitions.whitehouse.gov/petition/legal-...
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Posted in I-485 Forum on 25 Nov 2014
Topic: Latest on Obama EO

Agreed. And, I think legal immigrants should be able to apply under the relief provisions given to undocumented immigrants who are parents of citizen/PR children.

We were so short changed, it is almost unbelievable. There is a petition on whitehouse.gov asking for EAD to legal immigrants before anyone else.

https://petitions.whitehouse.gov/petition/legal-...

Share and sign! Let us make our voice heard.
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Posted in I-765 (EAD) Forum on 23 Nov 2014
Topic: EAD for H4 Visa Holders

I started the same discussion in I-765 thread. I don't think that one needs to go out of status. All you need to prove is that you had continuous presence since 2010 and that you have children who are US Citizen/PR. That is it. Being a temporary worker (H-1b/L-1B) is no worse that being undocumented, so USCIS cannot decline on that basis (that one is not undocumented). That will not be fair.
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Posted in I-765 (EAD) Forum on 23 Nov 2014
Topic: EAD for legal residents who are parents of citizen children

Based on what the President announced, I am wondering if a parent of US Citizen who is here legally and is, say on H-1B, can apply for EAD.

Assuming this:

- H-1B temporary worker has been here for more than 5 years
- H-1B temporary worker has children who are US Citizen or Permanent Resident
- Background checks, etc are all good

If an undocumented worker can apply for EAD under the above circumstances, why cannot folks here who are here legally and meet the other conditions? I do not see how USCIS can deny their application for EAD when the Executive Action is put in place.

Here is an excerpt from USCIS.gov/immigrationaction

"...Allows parents to request deferred action and employment authorization if they:
Have continuous residence in the United States since January 1, 2010;
Are the parents of a U.S. citizen or lawful permanent resident born on or before November 20, 2014; and
Are not an enforcement priority for removal from the United States, pursuant to the November 20, 2014, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum..."

Comments?
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Posted in Atlanta PERM Forum on 30 Sep 2012
Topic: 6 Yrs H1B Expired, PERM approved after 365 days of pending

If you have filed for GC, that shows your intent to live permanently in US. As a result, you cannot file for student visa (F) anymore because F is not a dual-intent visa. Students have to prove that they do not intend to stay in US after completing studies. If you have already proceeded with filling for GC, you are automatically ineligible for F visa.
H visa however allows dual intent.
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Posted in I-485 Forum on 08 Jul 2011
Topic: Visa Numbers = Job Creation

"I feel very sorry for you. All Indians I know are decent hard working people who are determined to make in the US and in most cases start their own business. You seem to be the only exception

Your sense of inadequancy of yourself is relective in your post. If all immigrants were like you, there will not be any America.

Man, wise up and think big. Take risk. That is how you get big reward. You need some couselling.

Seek help"

No need to get personal. Such reaction was completely unwarranted and deviates from a very healthy discussion.

It is true that a lot of people (including me) would buy homes, cars, invest, contribute more to retirement/education funds and be able to take several personal and professional decisions that otherwise are just pending some certainty of being able to continue in this country. Such number may not be very large, but is not trivial either. In this economy every dollar spent helps and creates jobs. That does not mean that US should open floodgates to immigration, rather just look at people working and living here, who have built lives but are still non-resident aliens.

Increasing fees for visas doesn't necessarily help economy that much. All that money although increases revenue, but doesn't have that overall effect on the economy that otherwise hundreds of thousands of immigrants' spending would have.

A large number of very talented and qualified people build lives here and become part of the fabric, but still have to be mindful of the fact that they may not be able to live here after all. That is a colossal waste of their talent and energy.

None of the people in highly skilled category are taking jobs in manufacturing, building houses and related vocations. Most of them are well qualified people (many from top schools in US!) earning high 5 figure salaries. And I know of plenty of such vacant openings all around.
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Posted in I-485 Forum on 14 Sep 2010
Topic: Second RFE on my I-485

I have a situation where I moved from my original H1B location to another for a project. For lack of knowledge, my employer did not file LCA for new location (although I was being paid well above PW) until 10 months later when they realized the mistake. I am about to start my GC process (labor, et. al). Could there be a problem? I will also be filing H1B extension in an year and possibly travelling outside US too. This should be a technical issue only since the employer did file LCA later as soon as they realized.

Thank you in advance for your replies.
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