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  • malaGCPahije
    07-14 09:53 AM
    I am an EB2 I applicant and my PD became current this month. If I do not care, I wouldn’t even be checking out this thread. I understand your pain and frustration, I was stuck too for a long time in the old labor process before perm came.

    EB2 I people do not think EB3 I people are jealous. I do not think Rolling Flood is from India, let alone being an EB2 I applicant. He just rolled in thinking he can open a flood gate of arguments and counter-arguments, let’s just prove him wrong.

    I just hope that EB2I people (other than rolling whatever) show some concern for EB3I. Whatsoever is written in this forum, is THAT going to take the dates forward or backward? No it is not. If someone from EB3I is expressing some frustration, just empathize with him/her and let it be. We all are happy that EB2I dates moved forward. A lot of my friends are EB2 2006 and I have called each of them expressing my happiness. All I and other EB3 in this forum can expect is that there would be someone to fight with us and for us when all Eb2's get their GC.




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  • chanduv23
    03-24 04:32 PM
    I think it is mainly for graduate students who are researchers or professors right?

    I know my brother went this route and the graduate students/post doctorate students don't get paid much. I thought that was changing though.

    it can be for Physicians, professors, reseaerch, teaching etc..




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  • unitednations
    08-02 12:03 PM
    Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.

    Possibly.

    However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.

    Examples:

    You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?

    USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.

    There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...

    Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.

    Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.




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  • yabadaba
    08-11 08:24 AM
    http://www.flcdatacenter.com/CaseH1B.aspx

    maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate



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  • Macaca
    05-09 05:49 PM
    Long-Prized Tech Visas Lose Cachet (http://online.wsj.com/article/SB10001424052748704810504576307342275841586.html) By MIRIAM JORDAN | Wall Street Journal

    A visa program designed to supply skilled foreign workers to companies in the U.S. has slowed sharply, attracting about 50% fewer petitions so far this year than last year, and 80% fewer than in 2009.

    Several factors have contributed to the decline in H-1B visas, including the lackluster pace of the U.S. recovery, more opportunities for skilled workers in their home nations and higher visa fees, which appear to have spurred Indian companies operating in the U.S. to seek fewer visas. Attacks on the program by congressional foes of U.S. immigration policies have also cast a shadow over it.

    U.S. Citizenship and Immigration Services told The Wall Street Journal this week that it received about 8,000 H-1B petitions from businesses in April, the first month the agency accepts them for the fiscal year beginning Oct. 1. That compares with 16,500 petitions in April 2010 and about 45,000 in April 2009, according to USCIS.

    "It's baffling that H-1Bs aren't picking up if the economy is stronger," said Steve Miller, a Seattle attorney who prepares petitions for employers in high tech, retail and other sectors.

    For years, the H-1B program was a mainstay for software companies, architecture firms and other businesses that seek foreign nationals to fill certain jobs. Demand for the visas by companies outstripped supply, and companies such as Microsoft Corp. lobbied the U.S. government to raise the cap on the number of visas.

    In 2008, employers snapped up all 65,000 visas allotted on the first day, April 1. But starting in 2009, after the financial crisis hit, the flow of applications has steadily diminished.

    The program, which enables foreigners to work in the U.S. for three to six years, was created as part of the Immigration and Nationality Act of 1990 to help U.S. companies overcome a shortage of workers in specialty occupations, such as computer programming. Recently, the program has been attacked by lawmakers who say it displaces American workers and depresses wages.

    Supporters and opponents made their cases at a congressional hearing held March 31, the day before the federal government began accepting H-1B applications.

    At the House Subcommittee on Immigration, a critic of the program, Ronil Hira, highlighted that Indian companies operating in the U.S., such as Infosys, Tata and Wipro, are among the biggest H-1B users, and that they're bringing in foreigners with ordinary skills.

    In an interview, Mr. Hira, a professor of public policy at Rochester Institute of Technology, said that "because of loopholes, employers can bring in cheaper foreign workers to substitute for American workers and undercut their wages."

    His research indicates only about a third of all H-1B visa holders are "really highly skilled or graduates of U.S. universities who would be eventually sponsored for green cards," or permanent U.S. residency, by their employers. Employers have said that the program enables them to tap top talent, whom they seek to hire permanently down the road.

    Supporters of the program, including high-tech firms and industry groups, say it attracts foreign talent that spawns innovation and creates jobs in the U.S. They cite former H-1B holders such as Vinod Khosla, co-founder of Sun Microsystems, and Vinod Dham, an engineer behind Intel Corp.'s Pentium chip, as proof of its value.

    Vivek Wadhwa, a visiting scholar at the University of California at Berkeley who studies immigrant entrepreneurs, said that an anti-immigrant climate had made it "a liability to hire H-1Bs," and that this will gradually chip away at U.S. global competitiveness, because the country has a dearth of homegrown engineers and scientists.

    Moreover, Mr. Wadhwa said that foreign nationals who obtain U.S. degrees were more likely than ever to return home. "Ten to 15 years ago, by default, you'd want to be in America, because you had more opportunities. Now, you can do much, much better at home," he said.

    In a survey of more than 250 Indian and Chinese entrepreneurs published last month, Mr. Wadhwa and co-researcher AnnaLee Saxenian, also of Berkeley, found that the majority of those who returned to their native countries believed they were faring better overall than they would have in the U.S.

    Nutan Kunduri, a software engineer who stayed in the U.S. on an H-1B visa after completing her studies, said she decided to accept a job offer in India less than a year into working in Silicon Valley.

    "Ten years back, I had this 'nothing will change in our country' attitude," she said. A recent visit to India made her realize that "for an IT professional like me, India is the place to be, with its booming tech industry."

    Abhinav Tripati, a software engineer with a U.S. company in Boston, also plans to return to India, where salaries are slightly lower but the cost of living is significantly cheaper. "I see my friends back home enjoying most of the comforts of Western life," he said, with the added bonus of being close to friends and aging parents. "We can't often bring our parents to the U.S., as it's getting difficult to obtain visas for them," he said.

    Some immigration attorneys believe companies are taking their time to file H-1B petitions because the 65,000 quota is unlikely to be exhausted soon. The cost and bureaucracy of applying is another deterrent. Last year, Congress passed a law that adds an additional fee of $2,000 for certain H-1B petitions that had cost $325. All told, lawyers' fees, filing fees and other expenses can reach $9,000 a applicant.

    "HR people are aware there's no rush on H-1Bs," said Julie Pearl, an immigration lawyer in San Francisco.




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  • wantgc23
    08-06 02:53 PM
    plz keep goin



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  • Macaca
    07-08 06:54 PM
    In approving another h-4 visa; they askd h-1b person why they didn't get paid for three month when they entered USA. Company president along with h-1b beneficiary said that he had to climitize himself and then it took a while to get the social security number. Once he got it then he got paid. Visa officer laughed at the explanation and gave the h-4 visa. Six months later; company gets a DOL audit request for possible h-1b violations. DOL officer said that consulate sent them notification that there was h-1b violations.

    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.




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  • javadeveloper
    08-03 08:58 PM
    Hi Unitednations,

    My last entry into US is 15th Dec 2003 and I have around 200 days without my payslips and my w2 for 2004 also shows less amount.I applied my 485 in July 2007 , what are the chances for my 485 approval.Please suggest me , are there any options left for me ??

    Thanks in advance



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  • Macaca
    03-13 09:29 AM
    Fixing Congress's E-Mail Woes (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/12/AR2007031201369_2.html)

    Studies have shown that lawmakers often ignore and sometimes do not even receive e-mails ginned up by interest groups. Deluged with thousands of essentially identical electronic messages, congressional offices are constantly trying to make it harder for organizations to blast them out.

    Now Neil Hare, a former vice president of communications at the U.S. Chamber of Commerce, has devised a way around the problem. He just started ISupportThisMessage.com, a Web site that solicits citizens' opinions on political and legislative issues and promises to deliver the results -- on paper -- to every lawmaker's office.

    Visitors to the site are invited to "vote" on a variety of issues such as child hunger and presidential candidates. The numbers are tallied and comments compiled for later distribution on Capitol Hill.

    "This is a reaction to the failure of e-mailing," Hare said. "We will issue regular reports with our numbers and, over time, Hill staffers will be able to log on and see the results themselves." He said that lobby groups can buy their own spaces on the site for far less than full-blown grass-roots campaigns.




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  • unitednations
    08-02 10:51 PM
    ouch. there is always uncertainty, all steps of this gc process :(

    thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.

    We are just a widget/number to uscis adjudicator. All of these ability to pay denials were very scarce prior to 2004. However, in 2003 and 2004 a lot of the 245i labors got approved (gas stations, restaurants, etc.). USCIS started to see a lot of bogus companies filing for people. They decided to clarify in a memo how they were going to look at ability to pay. Now; ability to pay was used rarely, in those cases that didn't look genuine (if you go to AAO decisions you would have seen the type of companies that uscis usually went after). However, to combat the 245i labors they started to apply the memo to all companies. Just imagine that a company with $20 million revenue can get ability to pay denials; but a company with $15,000 in revenue can get approval.



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  • nk2006
    06-01 04:49 PM
    All these cable channels are after "ratings". Now that Bush administration has low popular support (based on surveys), these guys saw an opportunity to rouse people emotions and get some better ratings (different kind of vultures). Immigration is always a touchy subject at any time and at any place. Its easy to blame "aliens" for all the current problems. Many people can fall prey to this if they are not well informed. Its very unfortunate and sad that even major media houses are hosting these opportunistic journos. Sure immigration has to be discussed with different view points and should be analyzed to see how it impact's the country but these self-appointed crusaders give blatant misinformation. Even more sad is giving absurd figures/data and claim that its from "independent research".

    Low Dobbs was never a known journalist until he started this rant. The most hilarous part of his show is that question of the day part. He "conveniently" frames the questions to get a desired answer (everyone know who watch and also vote those questions) and then even quotes the result as a support of what he is saying (its obvious he didnt take stats101). As someone else mentioned on another thread its best to just ignore what he says - he dont add any value to any serious discussion.

    Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.

    If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.

    However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.

    Lou Dobbs openly opposes all immigration.




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  • delax
    07-13 09:48 PM
    [QUOTE=kutra;262395]Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    I am not trying to convince anybody about the merits. The original post asked for comments which I offered. PL read this post of mine
    http://immigrationvoice.org/forum/showthread.php?p=262198#post262198

    I am not at all surprised at the 'backlash'.
    I appreciate your input and candor



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  • grupak
    07-13 01:40 PM
    If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
    Perhaps the person drafting the letter can explain their rationale on including this in the letter.


    First off, we are here to get our GC faster so the effort is commendable.

    However, I was also wondering about the old interpretation of the law. After the EB2-ROW numbers fall through to EB3-ROW and presumably make it current, the excess numbers go to EB2 China and India or does it go to EB3 China and India? Glad that someone else also caught this.




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  • unitednations
    07-19 04:14 PM
    UN,
    This is a question to you. I was one of those guys who sent you a PM. Sorry again !
    What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
    So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?

    Thanks in advance for your answers


    245k will protect you; as they can only look at your status from the date of last entry until filing 485, as long as you didn't overstay i-94 card by more then six months.

    as you can see from the original poster; uscis was trying to go after her husband in a different way by saying that he listed employment for whom he never worked for. They are trying to override 245k by going after fraud.

    It is pretty weak what the adjudicator is doing but still it is giving anxious moments to the original poster.



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  • Rayyan
    01-07 11:07 AM
    Pathetic!!!!!!!!!!

    --------------------------------------------------------------------------------

    For all the people on this forum rather on this topic, who think that they are human , professionals, broad-minded ,highly educated .
    I just have on word for all you
    PATHETIC!!!!!!!!!!
    Now before you all start hammering me , I don't belong to any religion, I am a HUMAN BEing unlike you all (inculding new_refugee)
    __________________




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  • calboy78
    08-06 12:18 AM
    Before I start - I must say that I am EB2 - and I still don't agree with the idea.
    Before joining the job, most newbies don't understand that if job requirement is B.S. and they will be shoved to EB3 . It wasn't their fault. I think they deserve a second chance.
    I think EB3 people should automatically be upgraded to EB2 if : they already had a masters; or if they received a masters during the process; or if they completed 5yrs of experience.

    Let's not be selfish. Instead try to come up with ideas which is good for all legal immigrants !!!



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  • sledge_hammer
    03-23 03:11 PM
    I'm sure you meant Larry David ;)

    Did you send Seinfeld a royalty? :D
    -a




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  • dealsnet
    01-03 08:24 PM
    Terrorist attacked and destroyed two American building. What happened after that; Two of their country are now in American control and carpet bombed. This is a country of brave with brave leaders.
    What happened to India. Our people are strong, courageous, patriotic, but the political leaders are spineless, corrupt and taking the dynastic route of Gandhi/ Nehru.
    We miss a leader like Netaji.
    In America, most of the senators, former top leaders have military background and training. For India also we need a system to make compulsary at least 2 year military training to aspiring politicians, make mandatory thing to stand for the election for assembly and parliament. Then only we will get corruption free good leaders.
    Look world leaders like Putin & Isreal leaders.




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  • Macaca
    12-26 08:38 AM
    Congressional Quarterly now conducts multiple voting studies and often does not count procedural votes. To get the most politically accurate result, the NRCC monitors only how often the freshmen vote with Pelosi, who as speaker usually votes only on the most important issues. Washingtonpost.com's party unity score is based on all votes.

    Rep. Brad Ellsworth (D-Ind.), who has opposed more than half the journal votes, called his opposition "protest votes against little things I heard during the day" before.

    "I hope the people back home are monitoring all my votes," he said.




    rsdang
    08-29 11:52 AM
    The Indian Chief proclaims, "So, you are the great Lone Ranger. In honor of the Harvest Festival, you will be executed in three days. But, before I kill you, I will grant you three requests


    What is your first request?"

    The Lone Ranger responds, "I'd like to speak to my horse."

    The Chief nods and Silver is brought before the Lone Ranger, who whispers in Silver's ear and the horse gallops away. Later that evening, Silver returns with a beautiful blonde woman on his back.
    As the Indian Chief watches, the blonde enters the Lone Ranger's tent and spends the night. !

    The next morning the Indian Chief admits he's impressed. "You have a very fine and loyal horse but I will still kill you in two days. What is your second request?"

    The Lone Ranger again asks to speak to his horse. Silver is brought to him, and he again whispers in the horse's ear. As before, Silver takes off across the plains and disappears over the horizon.
    Later that evening, to the Chief's surprise, Silver again returns, this time with a brunette, even more attractive than the blonde. She enters the Lone Ranger's tent and spends the night.

    The following morning the Indian Chief is again impressed. ! "You are indeed a man of many talents but I still kill you tomorrow. "What is your last request?"

    The Lone Ranger responds, "I'd like to speak to my horse....alone."

    The Chief is curious but he agrees and Silver is brought to the Lone Ranger's tent.

    Once they're alone, the Lone Ranger grabs Silver by both ears, looks him square in the eye and says, ; "Listen very carefully you dumb ass horse. For the last time . . . BRING POSSEE".




    leoindiano
    03-24 08:57 AM
    Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!

    People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.

    Dear Sledge_hammer,

    Dont just hammer around. The people who are doing consulting is not doing it out of their choice. It is the economy it forced some of us into consulting (fulltime to the company we work for but work for a client). In 2001, when we came out of school and tech bubble burst, there was no fulltime jobs, we were forced to do consulting. Some of my freinds who graduated in 2000 got into microsoft, oracle, cisco who didnt had damn good GPA. The guys who had 4.0 GPA and graduated a semester later didnt get those offers, coz bubble burst by that time.

    I am forced to tell you that the guys who are doing fulltime jobs working in same technology and same companies and doing same thing everyday are by no means smarter than the consultants who work in different industries, different technologies and enjoy their work. I would challenge the guys to come out and find a job faster than a consultant with same amount of experience.

    Luck By Chance doesnt give them a right to cry foul on consultants everyday....I am really sorry if i hurt anybodys feelings. I was forced by some of our fellow members. You have lot of other things to talk about. Dont blame consultants for your misery. If you are destined to suffer, you will suffer one or other way.

    I would advice all FTE's to be prepared for unexpected twists and turns in bad economy.



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