Wednesday, June 8, 2011

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  • bigboy007
    02-18 12:14 AM
    Chandu just mentioned that some means of contacting him is made. But he is very pivotal for this . As hez Obama campaign chairman , Senate No. 2 Ranking Democrat. His support or non-support is very crucial to support or not supporting any legislation now and if Obama comes in to picture obviously he will have better hold. We need to get our message strong , hard in a best smooth way possible.

    Also he is against H1b Mis-use. Now does he understand PPL like us in Middle of Nowhere.




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  • justAnotherFile
    11-21 01:47 PM
    See body of email below....

    Hi,

    I would like your highly successful program to do a show on the "Plight of Legal High-Skilled Immigrants". The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).

    There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.

    All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
    years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.

    I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.

    What does it take for congress to pass some relief? Just some simple relief measures
    1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
    2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
    3. Do not count spouse and dependents towards the annual number
    4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .

    60 minutes is a highly regarded program that brings to focus issues that impact adversely law-abiding people and issues that impact America as a nation. I would request you to air a program on the plight of legal high-skilled immigrants to bring this highly important issue to national focus.

    regds,
    xxxxxx




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  • Ennada
    09-13 12:25 PM
    EB2 and EB3 at one point were in the same boat. Now that EB2 is advancing and is way ahead of EB3, the EB3 applicants are upset and angry. Their anger is very much justified. However, their anger should not be directed towards EB2 applicants.

    As I pointed out in another post, we are all players here and we are all playing by the rules. The system is not fair. Anger should be directed towards the system and not towards EB2s.

    "hate the game, don't hate the playa....Chris Rock" is appropriate here.

    Most of the EB2s, if not all, are supportive of reform and are supportive towards EB3 friends. The anger may lead to the disruption of this support.

    We are all in this together. We all need to stay together.




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  • vikki76
    04-21 05:49 PM
    Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.

    Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.

    Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .



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  • akhilmahajan
    11-14 08:28 PM
    December visa bulletin is out and everybodys knows what they are in for. Truth is always bitter.

    Joy and happiness of EAD's/AP's have turned sour. The reality is out. This bulletin has shown us what kind of time line we can expect to get our GC's. It's no more 1-2 years as people think and lawyers have been saying. Its years and years of wait.

    Folks this is the time to fight it out. Lets fight for ourselves.
    The first step in doing so is meeting lawmwkers. We need to educate the lawmakers of our problems. Till the time they dont understand, how can we expect any kind of relief from them.

    The whole idea is to highlight our problem. If we dont highlight it, then noone is going to do anything for us.

    There is no more spoon feeding. Now we need to rise for ourselves. Either its time to do something or the old choice of hiding inside the closet

    Lets take a step forward in making everyone aware of our problems. Lets strengthen the state chapters. With a good base we can build up momentum and get more coverage for our issue.

    Think about it.

    Go IV Go. Together we can.




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  • darsh678
    12-26 03:17 PM
    No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.

    Can we take vacation for 2 months when we have pending 485 and 140 approved for more than six months. I had applied for 485 and 140 when i was on h4 but have now lost that status...

    I plan to be under new employer with the same job description while going on for vacation and returning back on AP.

    Please clearify...



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  • sam0407
    07-18 12:55 PM
    There's no need for you to be negative.

    Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....

    wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?


    ps57002:

    Do not take it in negative sense, This is just my thoughts..

    1. Flower campaign served it purpose, over doing anything will give produce negative results
    2. As other IV members suggested we should come-up with someother innovative ideas. You can ask IV members for ideas, I sure our fellow members will share their thoughts.

    Again, I am strongly believe any more flower campaign at this moment will produce negative result (i.e it will annoy the recipient).

    I had the same thoughts when our IV members planned to send thank you flowers




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  • gcformeornot
    04-07 02:07 PM
    As far as I know, labor subs was banned in 2007...So if labor was substituted before 2007, we need to worry....Other cases who have 140 and labor intact now need not worry abt this rule for AC21..

    Correct me if this is wrong...

    but in many many cases people do not know about their Labor and 140 details. Many many chose not file AC21 documents... they just move to a new employer.... some of them might have their labor substituted without them know it.....

    Mind you if you look at 485 inventory.... there are thousands of them out there who have filed 485 before July 2007 and still are waiting....



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  • ushkand
    07-21 12:05 AM
    Thanks for the responses. I think I will call USCIS and inquire and just to be on the safe side will send in a G325A separately with a letter. Ofcourse, will try getting a response from my attorney's office too. Thanks again.




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  • trueguy
    12-11 06:24 AM
    China EB3 also didn't recieve the fair share (as per the law) of annual quota.

    Looks like USCIS doesn't follow any rules whatsoever. They do whatever they like and nobody question them.



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  • eager_immi
    01-31 01:47 PM
    i don't get it how can he help?

    he is extremely knowledgable person in terms of immigration, he has 5000+ posts on immigration forums and has helped countless people with immigration issues. His name seems to be Nadeem and is a Canadian immigrant and is a CPA and his EB3 petition is in retrogression.
    In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
    He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
    He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
    Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.




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  • diptam
    05-12 11:01 PM
    Generally i see such emails on Friday/Saturday late nights - hopefulgc is doing it Monday :) Just Kidding and take it EZ !!

    Things are no so easy - if laws could be changed easily, lot of lobbyists have way more than 1 MM dollar - that's not any big money at US ... Massachusetts Governor Mitt Romney wasted 35 MM personal fortune, Billary Clinton in strangled in 15-20 MM election debt where as Barack has created a historic fund raising record ( who single mother has raised him by taking help from Food stamp )

    Everything is not just money (at least in America) - the line of money ends somewhere - even America being a Capitalist Nation. You know why Dick cheney is hated by 75% of Americans ?????:)


    We need to raise a million $. Anything less is seeming to just not cut it.
    Look where we are now with our half-hearted efforts.


    [B][COLOR="Red"]Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln


    Brethren.... rise!



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  • morphthecat
    07-30 03:07 PM
    how is the baby supposed to sponsor the parents ??

    One option:

    http://www.dayzadlaw.com/options.html ( I believe Rajiv Khanna and Murthy have clarified on this matter too):

    Cancellation of Removal
    Persons in removal proceedings, also known as deportation hearings, may apply in court for a special pardon to receive a green card and stay in the United States. For individuals who have never had a green card, the critical element is proving that you have a spouse, parent, or child who is a US citizen or permanent resident who would suffer extreme hardship if you were not allowed to stay the United States. You must also prove that you have lived in the United States for 10 years and have otherwise obeyed the laws.

    .....
    I believe it would be extremely difficult to be able to do the above though. Proving extreme hardship ain't going to be easy in court.




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  • theperm
    05-07 07:52 PM
    EAD is valid until oct end 2008.....which means ead is up for renewal in july !



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  • SAP
    04-07 03:36 PM
    Folks,
    can i invoke a AC21 on future gc..I did not work for this company, i am tired of my current company, they have exploited me and my personality is changing and i forgotten to live life, want to port and move on to a new company ? is AC21 on future GC consider legal or fraud.?

    Future GC labor PD : Dec 2002
    Category: EB3.
    I140 : approved 2004
    I485: RFE on expired medicals; new medicals submitted.
    EAD/AP : so far five renewals( though i did not use EAD i did use AP for travel)

    Will a letter from the future GC compnay stating the position is no longer availablle due to this enormous amount of time suffice ?
    your postive comments and if you have been in this situation pls tell me how you managed.

    Thanks
    SAP




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  • anilsal
    08-06 12:45 AM
    First they need to cope with the scores of petetions, USCIS and FBI.
    For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
    This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
    Additional VISA numbers may not help anybody, if they don't use them properly
    Hopefully things will get better from now onwards?? ;) Maybe the july VB being current was a sign that things in the future will be bright. We can just hope, be positive and support IV in its efforts. :)

    Now that IV is 22K members strong. Just imagine how much of a difference we all can make. :) Great journey within 2 years.



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  • vallabhu
    11-13 04:44 PM
    India EB3 2004 June.




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  • Green.Tech
    08-06 12:53 PM
    In my particular case, when i signed the contract, the employer agreed to pay for my GC process. But as usual, My employer also did not follow the contract and when my labor was approved, he asked me to pay for the Labor and take care of GC application fees hence forth. I was kind of surprised and did argue with my employer. But Employer gave me an option to leave his company and move to a diff company if needed. But since the labor was approved and the current project was going fine, i thought of sticking with the company and agreed on paying the GC fees.

    I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.

    I am sorry to learn that your employer backed down on its contract. Thanks for your input.




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  • zCool
    04-13 06:36 PM
    Hello All,

    I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

    These are my friend's details --

    EB3 -- India.
    I140 approved in July 2007.
    485 filed in July 2007.
    MS in Engg from USA.
    MBA in Finance from top ten school in USA.
    Has applied for couple of patents in tech field.
    Author of few papers in tech field.


    My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

    What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

    Also suggested were EB2-NIW and self-employment options.

    What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

    I really appreciate all your replies. Pl treat this as very urgent.

    Thanks.

    Lawyer is correct. letter needs to be from future employer.
    EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..




    hpandey
    04-15 04:32 PM
    Yeah thanks to all the efforts being put in by IV . Its a hope for all of US. At least we have a voice now.

    Btw congrats on your GC !




    go_guy123
    08-13 01:54 PM
    isnt this $600M is comming off of the 2k hike on h1 50-50 rule?
    if so, any one who wants think of getting rid of h1s they should also think of loosing this border security measure.

    This h1b money is totally insufficient but most likely it will add to governent deficit...but who cares. Eventually this 2000K will increase in some "piece-meal enforcement only" bill
    in future.



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