Wednesday, August 10, 2011

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  • unitednations
    02-18 10:13 PM
    In my opinion, it is more relevant to EB immigration....To support a higher number of benefit recipient you need a higher number of EB immigrant who are more likely to be productive that FB immigrants.....

    Now that is equivalent of passing judgment on FB immigrants as being unproductive.....I know I am going to get flak on that...


    Remember a few posts back; I had said that I thought it was difficult to get h-1b or EB based greencard because it would be pretty difficult to prove that no American is qualified for the job. I wish I had never got involved in immigration so that I could have kept with that thought.

    However; I am sure that just about everyone on these boards also thinks that.

    The employment base definition of a skilled worker is a job which requires two years of experience (this is the same thing as a professional worker where the job requires a degree). Would you be surprised to know that just about everyone who is coming through family base or lottery visa would also fall into the definition of skilled worker.

    In the past three years; I have seen an administrative assistant get sponsored as a skilled worker; a cook making $8.50 as a specialty cook at an Indian restaurant; 8 phillipinos getting sponsored as cooks with a wage of $9.00 at a restaurant; a convenience store clerk; (from reading administrative appeals decisions; i have seen a driving instructor, horse trainer, etc.). All of these jobs fit into a definition of "skilled worker" and share same eb3 category as professional.





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  • coopheal
    10-10 07:16 AM
    I agree, the notion of fix our problem so that we housing problem is not a good approach.
    Our situation is grave enough that it needs a focus on its own. Our efforts should be to bring this on fore front of the issues being discussed in congress and in public media.

    While it is a good idea to educate the congress regarding the impact the EB Green Card applicants could have on the Housing Market. It is a terrible idea to propose a legislation which would offer GCs to applicants who would purchases houses in US. To put it bluntly, the legislation seems to be meant for selling GCs to applicants who are in a position to afford it, offering GC to applicants who will invest in housing market is akin to giving out GCs for cash and there is already a category for that. How would one factor in the CP applicants like nurses and PT who are waiting in their home countries?
    The idea should be modified to spread the message regarding the positive impact that the EB GC applicants could have on the housing market and not to create a niche category of EB applicants who can purchase their GC to scoot ahead of other less fortunate ones. This proposal should be nipped in the bud before some anti immigrant group or advocate like Lou gets wind of it.





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  • samay
    07-06 12:03 PM
    My LC applied in Feb 2008
    LC approved Apr 2008
    I-140 Applied May 2008

    My 6th yr H1B expires Dec 2008
    H1B Maxout Jan 2008

    I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?

    or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.

    Hello

    In order to qualify for a three year extension one has to have an approved I-140. From the given facts I understand you will be eligible for one year H-1 B extension in February 2008. You can apply for an extension of H-1 B for a recapture of the days you spent outside India. You are not required to get out of US so long as your petition for extension is pending with the USCIS. Alternatively you can apply for premium processing of I-140 (when it commences). The benefit of course will be that you will be able to get a three year extension. You will have to weigh the cost of the PP with the cost of the H-1 B extension.





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  • deba
    07-03 05:04 PM
    I am India EB2. Labor cleared 2 years back, I140 cleared more than 1.5 years back and I485 pending for more than a year. Have EAD and AP.
    Currently continuing under same employer with I797 valid till Dec/2008. I will complete 6 years of H1 in Dec.
    I would like to change to a new employer with a new H1.
    I believe I am eligible for a 3 year extension based on above conditions.
    My question: After I get a new H1 and invoke AC21, but supposing old employer withdraws I140, what happens to the new H1?
    Since it is to be issued for 3 years based on labor/I140 cleared etc., what will be the situation if the underlying I140 is withdrawn by original sponsoring employer?



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  • GCOP
    09-23 01:07 PM
    nixstor,
    I sent PM to you. Can you please consider and include that in the proposal. Thanks,





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  • Legal
    07-03 10:37 PM
    I have drafted a letter:


    Dear Reporter/ Senator/ Congressman,

    I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).

    Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation to verifying no US citizen worker was available for a given job) had been filed.

    This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.

    We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.

    Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.

    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2)Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.

    We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.

    Yours Sincerely,



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  • jayleno
    09-23 11:57 AM
    Sent the e-mail to the folks in my state.





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  • chintu25
    02-13 11:20 AM
    Count me in for this law suite action and commit to pay $500 as part of my contribution, please IM me the details and will provide all the details that IV team needs from me...

    Arvind

    Way to go Arvind..... Chandu pls note 2 contributors without even a campaign launch.

    But on the flip side I totally agree with Walkingdude that once IV files a case then it is the end of discussion and everything else. So again consult a good lawyer actually a very good lawyer.....and then decide to proceed.

    We will stand with whatever our IV core decides but lets give it a serious thought



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  • jayus2k
    12-13 11:46 AM
    We don't have to discuss with lawmakers. The congress can pass any law and the law will be implemented as long as the courts decide it is not constitutional.
    Given our current state, the current laws do not work (for us).
    we have two alternatives->
    change the law (Lobbying helps here)
    challenge the current law (Judicial review will help here)





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  • nrk
    09-17 01:07 PM
    I wish your prediction is correct, but do you think the spill over happens from the first quarter,
    As per the trend, we are seeing the spill over only in the last quarter from last two years.


    Here is what I want to understand.

    EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
    This means 40040. How they are going to divide these visa between INDIA and CHINA?
    This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.

    And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.

    What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.

    Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.



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  • tikka
    07-03 06:12 PM
    Hi all,

    Regarding the recent goofup by USCIS, please rate this story

    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who

    if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.

    Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.

    Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.

    thanks.

    come on folks... please log on...





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  • mchundi
    01-23 06:04 PM
    I personally know a guy who used Nick's services. Bottomline, his 485 was rejected as Nick sold the same labor to other guys as well. As for him, spend some time on EAD and now he is back on H1. What happens to his VISA number. Returns to the pool? Which pool? Or is it lost as the VISA number was used from last year's quota.



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  • dummgelauft
    06-15 09:15 PM
    I am certainly hoping that I will get by EOY 2011. It's more than hope, I feel pretty confident that by that time I should get it. Just mark my words, come back on dec 31, 2011 and check with me. You have to believe before you get it. Have faith guys. Sooner or later the man who wins is the one who thinks he can!!!!

    NNReddy, good for you if you believe this.
    I myself find it hard to do so. Infact, I envy your optimism.





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  • Nikith77
    06-12 06:36 PM
    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
    I think you are over confi....... but best of luck to you.



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  • Saralayar
    03-14 09:58 AM
    You can do yourself as the proceedure is very straightforward.





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  • dvb123
    02-15 02:46 PM
    Dvb, did you read the ruling? It denies relief and says that:

    "We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
    8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
    year, our analysis may have been different."

    So this case is not helpful to us, though it is good for us to be aware of its existence.

    I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.



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  • rsdang
    07-16 01:22 AM
    So gurus,
    The progress has been better than this analysis - so where does this leave us?
    Any more thoughts?





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  • amitga
    02-13 11:51 AM
    Amit, noble thoughts. But that's not how majority of IV members think. We have members who think $50 contribution per month is too much. There is considerable opposition to making IV a paid forum (with even nominal fees of $10 or $20).

    Do you think we can get 500 members ready to contribute $500 here? Create a poll on this and see, you'll be lucky if you get 20! Like Jefferson said "those who prefer convenience over freedom and liberty, deserve neither". We are bound to suffer since we aren't ready to act.


    I wanted to make people aware of the reality. This is the harsh reality that we cannot get 500 people willing to pay $500 in the pool of 25,000 people who are spending 3000-5000 every year for EAD/AP/H1 and loosing another 10,000-15,000 in opportunity costs.

    This Greencard battle can be won in just 3-6 months if we can just commitment (not monetary, only active support) from just 10,000 people.





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  • kondur_007
    09-17 12:45 PM
    Here is what I want to understand.

    EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
    This means 40040. How they are going to divide these visa between INDIA and CHINA?
    This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.

    And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.

    What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.

    Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.

    You are right on the point. In fact (I may be overly optimistic here), I would not be surprised at all to see PD of EB2I in 2007 or 2008 in the last quarter (Aug-Sept) and it may even see the magincal "C" in Sept 2010. (Making the dream come true for VDLRAO!!)

    (Remember, with preadjudications, there are no more pending EB2-ROW (except for the new adjudications) and EB2 China has been in 2006 for quite some time as well in the past)





    ramus
    07-03 05:14 PM
    Thanks..
    Other members from Ohio please make a call to Ralph Regula..


    Ralph Regula in Ohio





    gjoe
    02-15 07:13 AM
    I am going to use AC21 from March. I notified my employer (GC sponsor) about this decision during the first week of Feb. I had been working with him for close to 6 yrs but never had any problems so far.
    But today he didn't pay me. I should get 3 more paychecks including this one for 15Feb and I have my vacation days which would make up for another additional 80% of a pay check. The total would run to 18k+, if I just keep quiet and let it go I will lose the money and also what I beleive in (Freedom).
    If am not able to get my money from my employer I am going to file a lawsuit to recover the pay and also the legal fees from him. And also I am going to file a case against my employer and USCIS for being partners in doing this slave trade in America.
    I strongly beleive that the H1B system and the EB greencard system has been setup to legally bring in high skilled workers as slaves and exploit them by taking away their freedom. We are no better than illegals, in the way we are treated by the goverment and the employers.
    I will fight this case atleast to try to prove my point before I leave this place.
    I am looking for some civil rights agency which can help me with the lawsuit. My fight is not for the GC, but it is for justice.



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