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  • number30
    04-19 07:45 PM
    Well of that is the case then his case will not be approved. What diiference does it make to uyou

    Nothing for Me. I have neighbor trying to Go to EB2. B.SC. M. Tech. from IISC. Still he has to go though EB3 line. If they are still approving I can tell him.





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  • vsrinir
    09-17 12:07 PM
    I guess after this step "it has to go to Rules Committee and await determinations by the Rules Committee as to how much debate will be allowed and whether floor amendments will be allowed, and if so , how many.
    "





    Just for the clarification of some of our friends (corrections are welcome) -
    The current discussion is in the House Judiciary Committee. After this, the major steps for the bill will be to go through the House and Senate for discussions and voting.

    There is still a long way to go, but sure this is an important milestone to pass the Judiciary Committee.

    And it might not even be possible to get it to the House before the Pres elections. But the good thing is it will not have to go through the Judiciary commitee again.

    Just wanted to state it for the benefit of the people who are not aware, as we are not building hopes that it will be all over today or in the next few days.





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  • chanduv23
    03-20 02:24 PM
    Hey guys, thanks for the replies and the good advice, which helps a lot. It's true that prevailing wage for H1b and CG are different, so I don't think my employer is breaking the law...at least not yet. (Logiclife, what do you think? Wouldn't the attorney had told them that they are breaking the law?) It's just a hard reality check to realize that all the "we care about our employees" is just a smoke screen.

    They do care about employees. They just can't handle immigration and visa issues. It is too complicated for a lot of employees. For a lot of employers, the term H1b visa or sponsership gives "jitters".

    While a lot of employers look at things from their perspective, they do understand all issues that you face. It all depends on how important you are and if your absence would make a difference. If you are irreplacable, and employer thinks they must keep you at any cost, then they will do it, or you have to take care of yourself.





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  • vbkris77
    04-27 03:14 PM
    Below is the text for Waivers.. My understanding is that if end Client gives a letter to DOL stating that they don't layoffs due to this H1B and it is a temp. labor requirement etc.. It is still harsh considering anti-immigration climate.. What is feared asked in a Visa interview will be asked by DOL for extensions. So, H1B can't be on an auto-pilot mode..


    ``(I) the employer with whom the H-1B nonimmigrant would be placed has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer;

    ``(II) the H-1B nonimmigrant will not be controlled and supervised principally by the employer with whom the H-1B nonimmigrant would be placed; and

    ``(III) the placement of the H-1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with whom the H-1B nonimmigrant will be placed.



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  • coopheal
    01-30 10:09 PM
    I am a LEGAL immigrant how has waited in the line for Green Card for 10 years. I've paid my taxes, social security, medicare and followed the law. Immigration bureaucracy and inefficiency at USCIS has meant more than 250K of Green Cards within legal limits have gone waste leading to a very long wait for legal immigrants.
    Please tell me what I should do - Wait another 10 years? Go back to home country? or jump the fence?

    Guys I added one more question, a little succinct. Please vote for this along with others hopefully one of these will be picked. Thanks

    Voted this too.





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  • unchew
    06-04 10:41 PM
    there is always hope...



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  • letstalklc
    09-11 11:04 AM
    Hi All

    Where u take SBI or ICICI they will not tell you the date on which the actually transaction was taken place. Yes its right that they keep money with them for 2-3 days and remit only when they see that exchange rate will increase.

    I have used both, in my personal opinion SBI offers good rate than ICICI.

    Again, this may be not correct because we don't know the time they update their web site to reflect the current exchange rate.

    I know ICICI not good in terms of every thing, I had very very bad experience with them couple of times, then I have switched to SBI 3 years ago, now I am using SBI NRI account as well as their GLS services to transfer money.

    Coming back to conversation rate, SBI will update only once in the morning and will give you that rate on the day money will be transferred into your INDIA account (Normally 5th working day), I have checked lot of times to confirm the same and every time it is correct so far (3+years).

    Now a days they have also opened customer support with toll free no, where you can call them from here.....which is really good....





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  • chanduv23
    04-28 08:49 PM
    AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.

    Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.

    In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.

    I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.

    Well, 485 denials on ac21 where 140 was revoked has always been happening.
    Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.



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  • r_ramji
    03-14 02:22 PM
    i seriously doubt if the folks out there in uscis analyse the way we do here in these forums. think for a minute... if they work so sincerely and intelligently, they wouldnt be working for 20$/hr. wish there were performance based payment schemes for these folks.
    ofcourse if there is a software designed by us, its a different story ;)





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  • felix31
    02-06 12:48 AM
    Topics like these are distractions, please let us not bother IV core with these petty issues. Need of the hour is -- volunteer time or money. I am trying to do the latter with some success.

    Did not mean to cause any distraction, but clear a misconception / misunderstanding that H1B is not for teachers.

    cheers!



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  • lost_in_migration
    06-21 05:50 PM
    Q.1) I understand you can't file 485 for your spouse if PD is not current but does the PD need to be current to add your spouse as a dependent on your 485 application w/o filing 485 for her?

    Q.2) Q.1 raises Q.2. When the dates are no more current, is adding your spouse as a dependent on your 485 safe enuf for her to be considered for filing 485 and getting GC when the dates will be current in future.





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  • Macaca
    11-27 01:21 PM
    From The amero conspiracy Behind closed doors, a secret cabal is planning the end of the United States as we know it. Inside a paranoid vision for our time By Drake Bennett | Boston Globe, November 25, 2007: 1 (http://immigrationvoice.org/forum/showpost.php?p=198390&postcount=479) 2 (http://immigrationvoice.org/forum/showpost.php?p=198390&postcount=480)

    Corsi's warning cry and gift for detail have given the theory traction in circles where anxieties about immigration and corporate oligarchy intersect. Lou Dobbs, whose CNN show portrays both free trade and increased immigration as sops to multinational corporations and body blows to the middle class, has devoted investigative segments to the NAU, the amero, and the NAFTA Superhighway.



    From How Trade Breakthrough Almost Broke Down in Congress (http://immigrationvoice.org/forum/showpost.php?p=198072&postcount=460) By Juliet Eilperin | Washington Post Staff Writer, November 22, 2007

    Rangel said, adding that opponents of free trade on CNN and elsewhere have effectively linked recent U.S. job losses to trade pacts. "It's the Lou Dobbs thing: 'It's all due to trade.' "



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  • paskal
    05-24 10:09 PM
    [QUOTE=paskal]this is the code that has been amended

    do u have a valid link for evidence the last time i sw was it was $8500 on aila.com


    the link i saw also said 8500, but that did change on the floor at the last moment to 5,000. will get updated eventually

    by the way i forgot to add- everyone exempt from the 1500 is exempt from the 5000 also- educational, ngo, not for profit etc





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  • new_phd
    04-15 08:26 PM
    Here is a suggestion for you:

    1) Book a round trip ticket for your wife to fly back immediately. Meanwhile, take an appointment for your wife with a local USCIS cert civil surgeon to take the TB test/vaccine. Take it wherever you can get it -near or far.

    2) Get lawyer to draft the RFE response. Submit the doc's report to lawyer as soon as you get it. (most surgeons will give it in a day or two after checking the bump.)

    This whole process should be done in less than a week if you can prepare everything else before your wife gets here.

    3) Wife flies back and continues with rest of vacation with kids. You can have your Euro vacation at the end too! :)

    Downside: Twins will have to be away from Mom for a week.
    Upside: Monetary Losses and life disruption cut as short as possible.





    Thanks man for your replies. I'm gathering as much as I can. All the tickets, birth certs.
    Plus, to add to the complication, I've also confirmed ticket to meet them at Frankfurt on their way to US. My Euro vacation for a week would collapse and have to cancel everything.

    I'm try to keep myself sane. There are much worse situations people are facing in this forum ( for example, a ninth pregnant lady getting laid off).
    Just hoping (and praying) that this can be solved smoothly.

    GC is really proving to be a daaawg....

    GCisaDawg.



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  • arunmohan
    06-12 05:58 PM
    If they dont count Dependents we all get GCs very soon . Unfortunately all dependents even kids are counted under employement category ..

    One change - Counting a number for primary applicant can change thousands of lifes each year .


    This is really sad that they count all dependents under employement category. USCIS should treat all categories in same way. Can't we raise this issue?





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  • leoindiano
    10-30 12:07 PM
    @ leoindiano
    Where is your case? You should call and talk to an IO and find out. It will be good if the IO can put in a note in your case on which 140 needs to be used. After around 100 calls, I managed to talk to a very friendly IO, she put in a note and asked for my file to be pulled out of storage (I believe that is what happened in my case). I was on the phone for around 20 minutes with this IO and I couldnt believe how a IO could be so friendly and polite :) Have you treid CIS Ombudsman and USCIS Sec. Napolitano?

    Caliguy,

    I will reach out to ombudsman and Napolitano this weekend. Another thing i am going to try is applying AP renewal this weekend, set to expire in november anyway. I would rather loose $305 than keep waiting for some miracle. Thanks for your help. I should be able to find the procedure to file 7001 and the Napolitano address in this thread, correct?



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  • 485Mbe4001
    07-09 04:54 PM
    looks like the bills hit the floor with a crash;)

    Are the bills hitting the floor next week?





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  • sc3
    08-14 01:06 AM
    For those who care to read...the fact that I am suggesting that people should port their priority dates before that door closes shows that I believe that people who have played by the rules (ie actually put in the 5 yrs experience or find a job with EB2 requirements) should get preference !!

    I call this the plight of EB2 india because as the rules are set up, in theory, if majority of EB3 ported priority dates, then yes, EB2 with later dates would truly get the short end of the stick.

    Having said that, the backlash against people like SunnySurya is unfair. From his perspective, he is right and the law grants him the right to sue if he feels so.

    THe problem in these forums is that any mature discussion is not possible because any dissenting voice is soon suppressed with ad hominem attacks such as the gentlemen who wanted to buy me tickets to india.

    Seriously, how much more immature can we get?

    Even reading this discussion, NOT ONE PERSON has attacked the argument on a legal basis. INsults are aplenty though.

    Legal arguments were already dealt with in the other thread, there is no basis to sue, as the porting is well established law. So is the requirements for EB2.

    Regarding the EB3 to EB2 shafting EB2, well, you already know that most people will not be able to port because they are not willing to change jobs, or that the company is bit too strict about playing with immigration laws.

    Also, a point to be noted when you say EB3 has had the opportunity -- you too had similar opportunities. You too could have been EB3, gained experience and converted to EB2. Instead you decided that it was in your best interests to follow your dream of getting a PHD -- a choice, I dont think you are be ruing, but for the fact that you find yourself placed behind all the guys who did not do PHD.

    Plight of EB2? I think not. Even with EB3-to-EB2 porting, priority dates are well ahead of EB3 (even without the current jump, EB2 was around mid 2004), and now, I guess when it returns to normal, would be around 2005. So while not exactly current (like EB1, shouldn't they be "similarly entitled" to have a superior lead times), the wait times for EB2, compared to EB3 hardly justifies it to be called "plight".

    But then again, to each his own. EB3ers other EB2ers waited almost 3 years for our LCs, people with 2006PDs did not even wait 6 months for it (both EB2 and EB3) -- and worse still are people stuck in BEC (who waited 4-6 years). And yet people in 2006 complain that they have "horrendous wait times".

    EB3s saw tons of people getting through substitute labor, people who have no right to cut into the line ahead of us, significant portion of these cases (including EB2 substitution) are fraught with fraud, however the law was weak, and there was nothing that we could do to prevent such things. Lawsuits are useless for us to weed out such applicants, or even question their earlier PDs because they are protected by the then current laws.





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  • PavanV
    09-17 12:52 PM
    Hey,

    How are you folks able to view the live discussion ?, can somebody post me the link , i am at my office and would like to view/watch it .

    thanks





    kaisersose
    11-02 03:19 PM
    nope, if the alternative to the GC system is outsourcing (as you yourself mentioned) all the profits go to big corporations and our salaries are spent in India. The corporations are notorious for avoiding taxes so teh government gets nothing. By making us stay here longer (on H1 or GC) we end up spending our salaries here, paying taxes, paying social security, paying medicare.

    65K H1-Bs earning 70k a year is 4.5 billion dollars. 140K new GC holders each year earning the same comes out to 10 billion dollars. Out of that taxes alone are an easy couple of billion or more dollars. Then take into account the side-effect (we buy cars, we buy appliances, we rent apartments) and the contributions we make to this economy are a lot.

    And to say that we are stealing jobs is also inaccurate. There is nothing called stealing-a-job. In general every job is worth how much someone is willing to be paid to do it. If an American citizen wants 100K and the GC holder wants 90K and the H1-B visa guy wants 80K (and all of them are going to work in the same city and same office) the job is worth 80K. The H1-B visa holder is not stealing a job. The days of knowing HTML tags and commanding a salary of 100K a year (1999-2000) are long gone and now replaced by 'that kind of work gets done in India or Ukraine for 10k a year'. Looking at the resumes we got in response to job ads placed in the last 3 companies I worked for, there are simply not enough qualified americans interested. Thats a fact. So the IT sector needs help from abroad to get the job done. They can either send the work over, or bring the people here. Bringing the people here also benefits the rest of the economy.

    I did not say outsourcing is the only alternative. I said they will have their own people take these jobs or if not, they will ship out these jobs. Do we really believe there aren't enough Americans to handle IT work in America?

    H-1b is not cheap labor. American companies prefer to hire H-1bs with US master's degrees or with substantial amounts of US experience. When they do hire foreigners, they do not discriminate against them by paying them lesser.

    H-1bs are abused by desi vendors and the like who take advantage of the indenturing nature of the visa and also on the naivety of "fresh off the boat" people who newly arrive into the US and are unfamilar with US economy. They are starry eyed, still busy converting each dollar into their local currency and feeling happy they are earning relatively more and dreaming about paying off their EMIs back home, sooner. It takes quite a few months for them to settle down and understand US dynamics.

    Lastly, we should not confuse the need for H-1bs as equal to the need for GC holders. Take the example of middle eastern countries. They use foreign labor, but they never grant them permanent status. That way, they do not get stuck with them in the event of a downturn. American could have chosen to follow a similar model. Use H-1b temps when necessary and send them out when they are expendable. They have no reaons to hand out GCs, like I said earlier. The benefit is all ours.





    axp817
    03-31 08:39 AM
    So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.

    Although, UN seems to suspect that there might be more beneath the surface here.

    What still beats me is that if the 140 had problems, why would they even bother requesting for AC21 evidence and not just deny the 485 in the first place.

    Unless..., when the 140 got revoked they realized that it had been more than a 180 days since the 485 was filed, and gave the applicant the benefit of doubt and asked for a new EVL, but while the applicant was in the process of replying to the NOID, they did some more digging, found that the underlying approved 140 had ability to pay (or other) issues and then denied the 485 on that basis.

    UN,
    You seem to be 'in the know' about this case/applicant, do you happen to know what the next steps are/would be/should be in this particular case?

    Thanks,



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