Friday, June 10, 2011

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  • H4_losing_hope
    02-14 07:43 PM
    :) The golden letter from my previous attorney arrived today! GO IV!!




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  • Jaime
    09-08 01:42 PM
    OK, the poll has not been a huge success :) but, for the person who voted "need more solid reasons to attend" the rally, here is the most solid reason: It's your dignity, freedom and right to speak up! You can make a change! TOGETHER we can! Will you attend? PM me if this reason is still not good enough, and we can talk. I am willing to work with you and help you in any way so you can attend!




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  • GC_Fever
    06-28 01:21 AM
    Buddy...take it easy on yourself. I can feel your pain, waiting for almost 10 yrs now...still no sign that this wait will end anytime soon.

    But rather than blaming the system and whining, i keep myself content with the fact that no one is forcing me to stay in this country- it's my own choice that i want to continue taking their bullsh*t.

    be happy u got ur EAD - 50 days since i applied...still no sign.

    You are right that it is a long wait...for me ten years is almost coming, but no relief yet. I hate to get these documents renewed every year. It is a vicious cycle whole year round to update one or the other document in different points of time. It is becoming a nightmare when we could do something useful instead.

    And yes you are very right that I am responsible for my own choice, but after spending 10 years of my prime life and youth I think there are vey few options otherwise. More importantly when you have kids grown up and more assimilated here. You don't want to force your will on them. I hope you understand what I mean.

    BTW, I am surprised that people have given me red dots from behind. Talk to me directly if you think I am wrong.




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  • mheggade
    07-17 02:19 PM
    If you file today it will be past october when you have to choose between EB2 and EB3 (I485 stage for EB2) till that time you have both the process going on EB2 and EB3.
    If you start EB2 process in October it will take 6 to 9 months to clear labor and I 140..

    It is taking average of 1 year for I140. And there is a possibility of PERM audit , which can derail all your plans.



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  • starscream
    06-19 07:17 PM
    Something seems amiss here ...the Wednesday & Thursday before the original CIR was stalled - Friday June 8th - there was a lot of tech industry lobbying with Senators including drafters of the bill - both ITIC & CompeteAmerica have releases on their website dated 06/08 - the day the bill was stalled- urging the Senate to take up CIR again - the following week there were press reports indicating some industry backed provisions would be included in the bill if & when it comes back or at least they would be bought up to vote. It is hard too believe that the list of amendments to be offered now do not contain even one single such provision. There is definitely something more than meets the eye here. It is difficult to fathom industry just watching from the sidelines & allowing 2 Sanders amendments to be passed




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  • kate123
    02-14 10:47 AM
    If you are working for fortune 500 do not assume that you are safe if you are on H1. WHAT WOULD YOU DO IF THERE IS AN AMENDMENT WHICH WILL CHANGE THE FACE OF H1?
    NOW NO H1'S FOR TARP COMPANIES WHAT NEXT? UNIVERSITITES, FEDERAL AND STATE AGENCIES?

    People who have PD's after May 2007 should come forward... OFCOURSE OTHERS SHOULD HELP US TOO
    Guys this is the time...

    Please see the text from www.immigration-law.com and the author has clearly mentioned how it would effect H1B program...

    02/14/2009: Tough Times Ahead for Professional Foreign Workers in EB-Based Nonimmigrant or Immigrant Journeys

    The just relased arrests and indictments of eleven people for H-1B frauds by U.S. District Attorney in Iowa may not be taken as an isolated event or incident. It is a signal showing government's determination to crack down abuse of the employment-based nonimmigrant and immigrant proceedings for the purpose of alleged protection of U.S. workers' jobs. This is a union-backed government. Besides, current economic crisis allegedly mandates the government leaders to take an action to protect American workers' jobs. No one will be in surprise to see Senators Durbin and Grassley reintroducing sooner or later their H-1B and L-1 reform legisation which they introduced last year but failed to make it before the last Congress closed at the end of 2008. The H-1B and L-1 reform legislation will mandate the agencies' reinforcement of enforcement activities against the abuse of such visas and tighten the threshold requirements for these visas in a line similar to the TARP-funded employer H-1B rules. Reinforcement of enforcement actions is soon to be made easy because of the two developments. One is reengineering of agencies's filing system and database in a direction of "account" system for each involved employer, each representative, and each alien worker, allowing detection of violation of the rules easy. The USCIS has been pushing such reengineering process in the form of electronization of filing of petitions and applications using "account" system and building such database. The DOL has also been working on such reengineering and is scheduled to implement it beginning from May 2009 for H-1B labor condition application filing using new ETA 9035 form which is designed to accomodate such account system and dababase and from July 2009 for PERM labor certification application filing using new ETA 9089 form which is also designed to accomodate such concept. The other development that makes the government's enforcement activities easy is electronization and data-sharing system among different agencies and their database. Electronization of the processes makes such data sharing available and easy among the related agencies. Expansion of E-Verify programs allows the Social Security Administration to participate in such enforcement process. Timing of release of recent indictment of evelen alleged H-1B visa fraud offenders is in a way not just a coincident.
    The Chief of DOL Division of Foreign Labor Certification, Dr. William Carlson, released as recent as February 2, 2009 that in the first quarter (October, November, December 2008) of FY 2009, they completed about 4,500 PERM applications, but in one month of January 2009 alone, they completed about 3,500 applications. But don't get excited about this statistics. He cautioned that the processing times would slow down as they feed into adjudication process investigation of unemployment conditions in various labor markets, increasingly turning cases into so-called "supervised recruitment" process considering worsening labor markets and rising unemployment. When the agency posted the supervised recruitment Q&A on its website quite some time back, we speculated that it was intended to send out a signal that they would increase supervised recruitment cases ahead. It has turned out that it was not just speculation. Worse yet, the Chief stated that once a case is turned into a supervised recruitment track, there is no set processing time implying that it can take time and time. When the PERM system is already clogged bad, the information is indeed depressing. On top of all of these, the newly designated Republican Commerce Secretary who was known to be a H-1B program supporter all of sudden backed out from participation in the Obama administration. Year 2009 may be marked as a difficult year for foreign workers, particularly professional foreign workers.

    Advantages of applying AOS when PD is not current
    1. No H1 extension needed (especially these days believe me its a nightmare)
    2. No visa Stamping needed (BIG BIG Night mare)
    3. spouse can work
    4. Dont have to worry about LCA blaw blaw blaw. especially after seeing the recent arrests
    5. during layoff do not have to start GC process (in this case AC21 can be used)
    6. WE CAN CHANGE TO EAD WHEN ANTI IMMIGRANTS CRY ABOUT H1 AND IN THIS ECONOMY DO NOT SURPRISE IF H1 IS COMPLETELY SCRAPPED.
    8. Can do two jobs at a time (in this economy its difficult, but this is possible if you are using EAD)
    9. You can work for TARP Companies (There are about 360 bail out banks... so you can work for any of these banks if using EAD)
    10. BIG ADVANTAGE... IF YOU ARE APPLYING EARLY IT IS VERY MUCH POSSIBLE FOR DHS/CIS TO DO ALL THE BACK GROUND CHECK/NAME CHECK WELL IN ADVANCE. AS AND WHEN A VISA # IS AVAILABLE, IT CAN EASILY BE ASSIGNED TO THE APPLICANT. THIS WAY CIS CAN BE EFFECIENT AND WILL NOT WASTE VISA's
    11. More can be added to the list


    Again I do support others who say that AC21 job titles clause should be relaxed... All I am saying is one step at a time and more over there is a compaign already in progress.
    ALSO numbers really matter. There are lots and lots of my friends who are using AC21 with out any problem.

    Seniors Please advice
    Thanks a lot,
    Kiran :)



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  • govindk
    05-17 04:07 PM
    Done.




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  • cagedcactus
    10-15 09:37 AM
    I missed it, not aware of it, not sure why. I am glad to see this chapter grow. There was a time where we were searching for folks with torchlights. Thanks to Chintu, walking_dude, cagedcactus, bestin and all others who are now making this happen.

    I have a very close friend in Michigan, and asked him to join, but he talks about all hardships, about his HR manager, about his company, about his lawyer, about everything except IV stuff. I am sure there are many more people here doing the same thing. We have to motivate folks to come forward. We cannot afford to have people who are inactive.

    Good luck to you all, try to merge folks from nearby states if they are still not organized until they get organized.



    I will email you and other leaders to keep everyone informed about the activities here. Your guidance will be the fuel for Michigan Machine.
    Walking_dude, and others are also fired up and ready to go. Let me know if I can talk to your friend in Michigan, and request him to join us and come to the meeting.

    Junky, welcome to the chapter.... I will add you to the confirmed list for the meeting on 20th October.



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  • Hinglish
    03-21 04:19 PM
    The USCIS/DOS set quotas for visa numbers because the United States does not want to be overwhelmed with immigrants. And these quotas are spread evenly through all nations and ethnic backgrounds. Considering the populations of the "oversubscribed" nations, this is justified. I can see where the immigrants from these nations feel "discriminated against" in the fact that they receive a smaller percentage (NOT NUMBER) of visas per capita than ROW countries. This does not make the system unfair. And if you think that certain countries get special treatment, think again; there are plenty of people in ROW (like me) who have been waiting for years as well!

    I agree ...




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  • columban
    06-09 01:04 AM
    All,

    I have been a passive follower on IV for few weeks now. I read the news clippings that people had posted where there was some Gautam Aggarwal who felt the point system was good. I see a press release from him that I saw floating around some mailing list.

    Quite honestly even though lots of us disagree with him, he does make a very valid point. IV should consider clubbing US educated people such that 2 separate quotas can be created. Instead of banishing him as an elitist look at his point he is making by just marketing how the country is using the educated. Using a well respected university name is no different than talking about how we legals pay taxes etc. Just because we are educated and better of that the illegals as an argument is no less than elitism in that sense. I happened to go through gautamagg's post after the Guitrezz rally - read his message again sans tone. He makes a point. This CIR bill could have been good for us if we approached it positively looking at US educated people as a group too. Also his statement on the AP report about MPS being good is not totally incorrect in an environment where both EB and MPS may exist - if we can get that i.e. EB and MPS keeps both sides happy and we should fight for that. I emailed gautamagg and he did mention that the AP report cut out that part of his statement and told me to verify that with the reporter if I wished to. I think we guys need to be less passionate before we throw stones at others. IV is definitely doing a great job but people should share opinions openly on strategy - we are all humans and we may have missed an important aspect at IV - most IV folks seem to be non-US educated consultants and therefore disagree with Gautam. We really are 2 diff groups who want the same result with better partnership. My 2 cents. His press release:

    For Immediate Press Release: May 28, 2007

    “Grand Bargain” Immigration Bill creates issues for International Students in Economics, Finance and Business

    Mountain View, CA – May 28, 2007 – The US Senate is actively debating the proposed “Bi-partisan Grand Bargain” Immigration Reform bill. While the bill does have many provisions to attract educated people from outside the US, it also creates restrictions for people with an economics/ finance background.

    One of the proposals is to introduce an additional visa category for people coming to the US for graduate study. Though the proposed F-4 visa category is welcome by the international students’ community, it is unfavorable for people with a non-technical background or for people with a technical background who would like to gain additional skills outside of technology to be successful entrepreneurs. The proposed category, called the F-4 students visa, allows international students two major provisions that the existing student visa, the F-1, is restrictive in:

    1. F-4 students do not have to prove a non-immigration intent. Unlike F-1 visa applicants, students coming on an F-4 visa will have the ability to have a “dual intent” at the time of applying for their visa, while entering the Unites States, or while maintaining their F-4 status in the US. Such students can have a pending Green Card (GC) application or can apply for one while on F-4 status. This is in contrast to the existing F-1 category in which a previous or current intent to immigrate to the United States negatively impacts a persons ability to obtain an F-1 visa.

    2. Under the F-4 visa, instead of 12-months the students will have up to 24-months of Optional Practical Training (OPT) available after graduation. The larger time window will help students evaluate employment options while staying agnostic of visa issues.

    The bill restricts the F-4 visa to people who would attend advanced degrees in the fields of Science, Technology, Engineering, and Mathematics (STEM). Such limitation to STEM alone would negatively impact the inflow of international students to other graduate programs such as Finance, Economics, and Business. In today’s dynamic global economies, technology and business work together. Over a third of the MBA class in top US schools such as Wharton, Stanford, Harvard, and Cornell comes from a technology background. Restricting these provisions to STEM degrees alone will result in a severe shortage of highly skilled international students coming to the US for an MBA due to an advantage the STEM degree holders will have over them. This will impede the abilities of many “technologists” to obtain business and finance education and will reverse the positive trend in places such as the Silicon Valley where many engineers turn into successful entrepreneurs creating wealth and job opportunities for many Americans and add to America’s competitive edge.

    While the Senate has shown foresight by introducing the F-4 visa that helps in retaining people with advanced education from the US, it remains a very myopic solution to the problem it intends to address. Next week, the Senate comes back from recess to discuss amendments to this bill, this press release appeals to the Senate to consider enhancing the provisions of the F-4 as well.

    Note: Hundreds of people are affected by this already. With a Masters in Computer Science from Cornell University, 7-years of technology experience in the Silicon Valley, and after paying over $ 150,000 in taxes, Gautam, issuer of this Press release, may be unable to join his MBA class at The Wharton School this year. Because he had once started his Green Card process and established an “intent to immigrate”, it is difficult for him to reverse the process and obtain a students visa. Over 3-4 years of processing wait times has resulted in many people such as him to give-up their applications in lieu of additional education. But, their past intent looms over their very uncertain future: 22 of them have connected with each other and pray that their Indian Gods stay happy with them on the day of their student-visa interviews in India and that reason and common sense prevail.

    ###

    Contact:
    Gautam Aggarwal



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  • Dhundhun
    06-28 06:36 PM
    But I am going to write in Q.15..current immi status as H1-B for me and AOS for my wife. I can understand writing A# for my wife. But for me also is it A# or it should be I94#?

    Do you have I-485 pending? If yes, I94# is not significant. If you don't give A#, USCIS will issue RFE or fix themselves looking into database - which may delay processing.

    I94# is used only when A# is not available, e.g. students applying for OPT based EAD for first time.

    For USCIS once I-485 is applied and A# is given, A# is like primary key (this A# is different than students A#)




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  • Libra
    11-15 12:11 PM
    Guys, instead of fasting, protesting or marching, join state chapters and form big groups and then meet lawmakers. Request them for recapturing wasted visa numbers and removal of per country quota. this will solve most of our problems.



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  • desi3933
    03-20 10:09 PM
    Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.

    Ok, Here's what law says about so called "transfer"

    D. AC21 105 -- Visa portability
    .....

    gapala -

    You are mixing apples and oranges.

    Visa Portability (as per AC-21) allows one to start employment after filing for H-1B petition, before H-1B petition os approved.

    H-1B Transfer does not invalidate current employment status (if on H-1B status) and beneficiary can continue working for original Employer A based on that I-797 validity dates.

    OP needs to explain to USCIS that he never switched jobs on new H-1B approval and continued job on the basis of original I-797 dates. He was not out of status.


    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • immigrationmatters30
    08-20 10:29 PM
    I think my case is heights of all the Fragomen mistakes.My company approved budget for my case in April 2006.Fragomen started the process right off because they need the initial pay.Now after they did that they informed me that,I should not contact them for what so ever reason because it is aganist the law.Agreed.So I did not contact them for more than 10 months assuming everything is going on fine.Then in May(yep one month before all dates were current), I called to find out whether they filed my case.I was told they found an issue with my add and experience 10months (ago)and they forgot to inform my company or me.Because of them I was not able to file my 485 last year.This august its been 10years in US for me.From then I would tell anyone who talks to me,go with Fragomen you are screwed ,unless your case gets assigned to a desi guy in Fragomen you are screwed with Fragoment from start(its just my observation).



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  • kolantiIV
    03-23 04:24 PM
    I think OP posted on Murthy fourm too. This is reply from a user at that forum.




    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1321092881&r=5131043881#5131043881

    OP, Desi3933?




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  • JazzByTheBay
    09-20 04:03 PM
    ..from any single state, afaik (perhaps with the exception of NJ, don't have the exact numbers - but in stark contrast to many other states... ).

    Also note, the attendance at short notice for the SJ rally was phenomenal.

    Let's just say Californians are more motivated and active then many from the DC area, and you can expect an even larger crowd the next time around, with better planning and more time imo.

    jazz

    Jaime, your thought of having one more rally in Silicon Valley is a good one but again you are going to have the same crowd..!!
    People in neighbouring states of DC did not make it , you tthink they will make it all the way to west coast! very doubtful!!
    We should aim at bringing in more people to this family as possible..
    Looks like a simultaneous rally on a weekend will be very effective!
    And this time for the rally we will carry one one slogan banners
    'SHORTEN THE WAIT FOR LEGAL IMMIGRANTS' or something similar!
    just a thought!



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  • walking_dude
    10-04 11:55 AM
    IMO we should first try to form a local chapter. If that doesn't work try to combine forces with nearby states like IN, OH, IL etc. to form "Mid West" Chapter ( like New England and Tri-Sate Chapters).

    Co-ordination with IL chapter will be critical for us (and others too) in the coming days as Mr. "anti-legal immigration" Durbin is the senator there. We need to start acting - NOW - to convince him to drop anti-immigrant measures such as "barring H1Bs from consulting business"; instead of waiting on him to introduce his "Prevention of H1 & L1 Fraud Act" (and discuss it on IV ad nauseam without making the slightest impact)


    Someone suggested even joining the illinois chapter - maybe thats the way to if there aren't many here




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  • venetian
    07-15 05:34 PM
    I too have question on similar lines, probably it may have been already answered, i did not get a chance to see it.

    Which one is correct?


    Receipt date = Processing Date
    Notice Date = Processing Date



    can somebody explain the meaning of "processing date for I-485"? For example, the Texas service center has July 17 2007 processing date for I-485 petitions.

    How to interpret that?

    Thanks.




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  • sriv1
    07-15 10:20 AM
    Its a very gud news. Infact, One of my friend also got his GC though his PD was not current then. It happened around 3 months back, he received physical cards in hand where as his PD was Nov 2005. Perhaps its happening.




    h4visa
    03-09 09:04 AM
    I totally agree with you days_go_by. The US immigration law sucks. One the one hand they will keep on syaing that we have shortage of manpower and on the other hand they try to restrict. Every single head counts....even the persons on H4... H4's can also contribute to the economy...rather than a simple HEAD Count in this country.




    redcard
    11-07 10:02 PM
    Looking at few early Election results, it seems that Dems are winning. Needs to check how they will be do good for us. Any thoughts?

    Well we can for sure who ever wins... the immigration reform bill will move forward either way... after all this madness of election is over...:)



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