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  • pappu
    07-06 11:01 AM
    If you are interested in the lawsuit please contact AILF now and send them your details in the form provided on IV homepage. IV spoke with AILA today and currently they are screening the cases of several people who came forward to become plaintiffs. They will try to showcase the most compellinig stories in their suit.





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  • casinoroyale
    07-01 05:45 PM
    1) what is the best way to attach photos when sending supporting docs so that they won't get lost or mis-placed. What goodies are avaialble in Staples for this?

    2) As part of AP e-file process, is it possible to do all the work on a machine which does not have printer and later retrieve the confirmation notice and print it?





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  • sagis99
    05-22 11:38 AM
    from august 29 to July 28 is moving forward?
    never mind.





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  • senthil1
    05-28 06:39 PM
    They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first.

    I had similar experience in one of my previous consulting companies when I was in bench. Also I was asked to conduct this kind of interview in Week ends. I did reluctantly and I knew the feelings of those persons who were interviewed. I think many Indian companies are doing those mainly for green card processing.

    H1b is not needed for certain kind of jobs like QA, repeated works and minor programming works(Many jobs are like that). I can very well say that atleast 50% of high tech jobs can be very well done by American citizens. This fact is known by Indian companies also. In my project most of them are American citizens and their skills for far better than many H1b persons.

    In one financial company in Bay Area CA they laid of 200 persons and they gave the project to Indian Company in 2006 in which 30% are here(h1b and L1) and remaining in India(offshore). They could have kept 30% of their employees and remaining they could have outsourced. But Company wanted cost savings also. These kind of incidents will increase hate for H1b program



    Hi,
    I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.

    The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.

    I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.

    The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.

    Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.

    Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.

    My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.



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  • Berkeleybee
    04-26 11:45 AM
    BTW, I want to use this opportunity to thank IV members virtual55, jkays94, and cpolisetti for setting this whole ball in motion.

    It was their post on the forum (see http://immigrationvoice.org/forum/showthread.php?t=453) pointing out Mitra Kalita's Q&A on the Wash Post site that set this whole ball rolling.

    It is just one example of how every member can do his or her part to help us.

    Keep the spirit up!

    best,
    Berkeleybee





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  • McLuvin
    04-07 04:13 PM
    Thanks Karthik but I am just an MS :)
    But one thin I enjoy is problem solving and this is one of the hardest out there as it is dynamic.

    With Eb3 India the Horizontal spillover methodology kills most hope as there is the large Eb2 India backlog. In 2007(I think) the vertical spillover methodology was followed and Eb3 India got 17000 or so visa numbers. So with Horizontal spillover and no number increase I am sorry to say movement is limited.

    Thanks AGS123, I was just trying to make fun out of the situation. Thanks for being a sport.
    Well you might be logically rite... but u know with uscis each and every individual has the right to live in a world of unlimited fantasies ;)

    BR



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  • ebizash
    09-05 04:27 PM
    Yes. AC21 has nothing to do with AP directly.
    But it enables job easy change into a similar job if you have EAD. And that provision is predominantly used by people going thru the AOS process.
    When they use AC21 to change jobs, they are strictly in AOS and not in another visa status.
    My point was that when AC21 was made, they did not look at all the down stream impacts.

    anyways... lets not argue about AC21<->AP.

    Since DOS routinely updates their forms, why can't the the form used for AP be updated to change its wording?
    Can this be approached as an administrative fix?

    You can use H1-B transfer under AC-21 so you don't loose Non Immigrant visa just because you used AC-21 provisions.





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  • sachuin23
    04-21 02:29 PM
    After reading the OP, I was rotf...I dont know why you guys are discussing it very seriously.

    Exactly! It was a honest and sincere question which required honest answers. And this thread was dragged to totally non relevant direction. We all need to be collected and be try not to digress while answering.

    Thanks every one for answering my concern :)



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  • mack
    02-28 10:51 PM
    Here is the first cut at story on 'Issues with GC + Retrogression 101' for media & public. Here goes:

    Why there is no green light on green cards?
    - By Vijay Reddiar


    There have been lots of discussion and spotlights on H1-B issues in the past. One of the least heard, but the most pressing issue that continues to plague day-to-day lives of thousands of high-skilled legal immigrant workers in the US is Retrogression causing deep anxiety, frustration and considerable delay in processing and approving of permanent residency, also called Green Card.

    For employment-based green cards, every country has a fixed number of immigrant visas or quota on a per-year basis. When I-485 adjudication or adjustment of status from non-immigrant to immigrant status (example H1-B to Permanent Resident) successfully concludes, it leads to approval of green card. This approval requires a visa number to be available. But, if the visa quota for a country has been used up, visa numbers become unavailable for that country. This unavailability of visa number is the effect of retrogression, wherein, the US Department of State, based on the current demand for the visas decides allocation of how many visa numbers can be released to meet the demand and be in conformance with the pre-set quota.

    Employers file for green cards for skilled professionals to obtain a legal immigrant status for future employment. Skilled professionals who have green card processing pending typically wait for their green cards to be approved for an average period of 5 years. During this period, they have very limited, if any, freedom to exercise choice with changing jobs, or getting a raise or promotions, being with the same job, title, position and employer with no way out until it gets approved. The only way out would be to risk losing your green card or having to start all over again. Family members of such skilled professionals share the pain as well. Spouses who would like to obtain jobs and attain financial freedom do not have the legal rights to work until they at the least have an employment authorization. Children of such professionals who apply for college cannot benefit from federal government loans, but instead need their parents to seek private loans. Becoming a legal immigrant has become an increasingly challenging and frustrating experience as has been noted by the experiences of each individual of this community. Unless a legislative reform is made, green cards are not only going to be tough, but also seemingly impossible to materialize.

    Immigration Voice, a non-profit organization in the US, founded in Nov 2005 has begun grassroots level effort to alleviate the untold sufferings of high skilled professionals and has been working actively through volunteer members of the organization, that has grown to 9,000+ members in just more than a year. Immigration Voice recently hired Patton Boggs, a top public affairs firm for lobbying efforts towards the immigration goals of the high skilled worker community. Immigration Voice is now heavily engaged pursuing CIR or the Comprehensive Immigration Reform which will be introduced in the Senate in early March 2007 and then proceed to the House before it will be signed by the President to be enacted. This may very well be the ray of hope for the thousands of immigrants stranded on the not-so-green-now land of green cards.

    For more information on Immigration Voice, please visit – www.immigrationvoice.org





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  • at0474
    03-21 04:28 PM
    "1) Name of the City where Visa was issued: ( Did you write Advance Parole ?)"

    --I put USA.

    "2) Date of Visa Issued: ( Did you write Date of issuing Parole ?)"

    --Did not write anything.


    "My wife has gone to India. She has her Passport with her two Parole Approvals and her new extended H-4 Approval. Does she need anything else other than these documenys ? "

    --That's about it. Doesn't need anything else. If she is not getting her visa stamped and planning on returning on AP, she should just give AP to the officer and say that she is seeking entry on AP. Officer would direct her for secondary process where she will get her AP/i-94 stamped.

    I guess you gave a copy of your documents to your wife. Even if you did not, you shouldn't worry much. She should be ok.



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  • admin
    04-27 01:00 PM
    learning01,

    Sorry for the delay. I was out of action for the last week or so and hence couldn't reply earlier. Thanks for your suggestions and keep them coming.

    We have added more words to the meta keywords of the site. However we do have to realize that what really matters in Search Engine rankings is the linking from other sites. Hence as we're getting more and more exposure, more sites link to us and it is boosting our ranking.

    Siva

    Two days back I searched "Immigration Voice" and "immigrationvoice.org", it gave no results. As I posted in this thread (http://immigrationvoice.org/forum/showthread.php?p=9527#post9527) here on IV, I suggested that we should modify the meta tags of IV site and expose them to search engines.

    While I am awaiting those changes, I did the same search again at Google. The first 2 results are for immigrationvoice.org

    This is indeed a transformation.

    Search Google for Immigration Voice (http://www.google.com/search?sourceid=gmail&q=%22Immigration%20Voice%22)

    Search Google for immigrationvoice.org (http://www.google.com/search?hl=en&lr=&q=immigrationvoice.org&btnG=Search)

    Readers, click each of the above links and see the results for yourselves (and improve the search rank, by clicking)





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  • va_labor2002
    09-15 09:56 PM
    It is created to sharing ideas among members - to resolve immigration matters - not to discuss other topics like real estate investments etc. It is okay to quote one's or someone else's progress in financial matters in the context of his/her immigration status, but to make a complete turn and just discuss the specifics of financial investments etc. doesn't have a place on this forum.

    My 2 cents..

    I don't agree with you.

    While we are waiting for GC,What options we have in US ? How to use our time more effectively instead of worrying too much ? This is what we were discussiing. It is indirectly related to immigration.

    Take it easy Man.....Don't worry too much about the content !



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  • h1techSlave
    01-23 12:24 PM
    Allowing people to file for 485, but not giving any GCs may be the plan.

    Such a move do not bring much complaints from anti-immi groups. But this move will reduce the noise from people who have not yet filed for 485s. May be after getting EAD all those people will invest more in America.

    This is maximum bang for the immigration buck from the USCIS/DOS point of view.

    Ron says it will be current for a "brief" period. (similar to july 2007 fiasco ?)

    It will be a good opportunity for people waiting to file 485. For people already in the queue, it may not make that much difference.





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  • eb2waiter
    05-14 01:48 PM
    Quote by user somegchuh: "I think this is a very interesting topic. Neelima's story is about an American citizen of Indian origin. Since, she is an american she can choose to go to courts whereas we are non-immigrants with very few rights. If you are facing abuse at workplace the only solution for an H1B worker is to change jobs."

    Even if you are an immigrant but as long as you are subject to the law of UnitedStates you have every right to fight discrimination and other actions that you percieve are illegal. Even Illegal immigrants can do that. It is there in one of the ammendments.



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  • Maverick1
    11-09 10:46 AM
    and we may win any battles like retrogression or anything except this one - chances are that we may never win :D:D

    And that is one war I love to loose :):).............................................. ....... .....................by not fighting in the first place :):)





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  • best_mode
    07-20 05:52 PM
    See link to senate rule (particularly, Rule No. 4).

    http://rules.senate.gov/senaterules/rule16.php

    Cornyn's amendment is "general legislation" seeking to amend an "appropriations bill". To be able to vote on Cornyn's amendment, 60 Senators have to vote to waive Rule No. 4. Only then can the senate vote on Cornyn's "general legislation".

    Sorry to flog a dead horse but the Dems should not be blamed; if they had voted to waive the Rule, then all sorts of general amendments would have been offered by others and tough to cast aside.

    On the other hand, it is useful to know that more than a handful repubs support this amendment; this could be handy in an actual vote when Sessions or his ilk seeks to filibuster the amendment. We may have 60 votes to win cloture.



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  • ItIsNotFunny
    11-06 01:16 PM
    EB2, Aug 2002 is not current? It is at 01 Jun 2003. See the Nov visa bulletin below:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4371.html

    Got it now!

    Your signature is wrong... Gave me wrong impression. Anyways, heartly congratulations for getting out of this mess.





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  • angelfire76
    01-15 02:26 PM
    Is it to learn something like this
    http://www.youtube.com/watch?v=07jnqD8wvyE&feature=related
    Once a finger breaks the fight's all out of even the most coked up thug. Of course if there are more than 1...give your wallet and start praying that you don't catch a slug.

    It's inevitable with so much unemployment there will be a rise in crime. Best thing to do is to install car security alarms, be wary of strangers and stay away from shady places. Of course can't help if you live in the deep south or the crime ridden NJ area. You are unfortunately a victim of your richer brethren of the same color who like to display wealth in their Mercs/Bimmers/Lexuses and who's women look like jewelry store mannequins (minus the stats of course :p) Sad story, can happen to anybody, anywhere





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  • eb3_nepa
    05-11 03:07 PM
    Guys,

    I keep hearing that "STEM will be exempt from the quota". What EXACTLY does that mean? Does it mean that:

    1) STEM's can apply for 485 straight away if labor is approved regardless of PD?
    2) STEM's still Cannot apply until PD is current, but after that no more waiting for the country quota





    ARUNRAMANATHAN
    05-28 09:08 AM
    http://www.washingtonpost.com/wp-dyn/content/article/2007/05/26/AR2007052601086_2.html


    text:
    The plan is already generating alarm among immigrant groups. "People who have come to this country worked hard, they have become U.S. citizens -- their first goal is to bring in their loved ones," said Nazanin Nasri, an immigration lawyer in Arlington who has many Iranian and Afghan clients. "They will be destroyed."

    Kevin Appleby, director of migration and immigration policy for the organization of Catholic bishops, said the new system "ignores the fact that immigrant families have helped build this nation. Families start businesses, keep their members from government dependency and invest their energy in their new land."

    Doris Meissner, director of the Immigration and Naturalization Service under President Bill Clinton, said the point system is being proposed with inadequate analysis. "I was amazed when I saw it because it hasn't really been talked about," she said. "There's been no ground laid for this whatsoever. Point systems are known in other countries, and there is certainly a body of written material on it, but it hasn't had any careful research.

    "It may be a good idea," she added, "but there isn't any evidence to argue one way or the other."





    SGP
    12-31 06:23 AM
    Thanks SGP. Did I read this correctly ? you switched in 9th yr of h1 ? was ur I-485 pending or did u have EAD to change ? I just have I-140 approved. so if I change to a new job now, can the new employer use this old I-140 for extensions ? can new employer ask USCIS to port old priority date ?

    floridasun: Yes, you are reading it right. I switched in the 9th yr of H1. As you can see from my signature I am yet waiting to apply for I-485. I have an approved I140 based on which I switched from Company A to Company B. The only things I had to do was transfer H1 to Company B and start New Labor. Once new labor is approved then, will have to do New I-140. You can ask USCIS for old priority date at the stage when you apply for new I-140. The new labor and I-140 can take anywhere between 6 to 8 months. Your old employer cannot revoke your approved I-140. Make sure that you have the copy of the approved I-140 before you quit.
    Don't worry go for it. I know what it feels like.
    Good Luck!


    If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.