Thursday, June 9, 2011

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  • kate123
    02-13 06:07 PM
    Please see my comments in RED below

    You are reading my post selectively and not in its entirety. I did not say EAD is waste and useless, I said EAD is waste and useless without the removal of semilar or same job requirement in AC21 as USCIS will sooner or later deny AOS based on semilar\same job requirement. Do you know how many RFE\denial notices have been issued by USCIS to EAD\Ac21 workers? There is an entire thread running into several pages related to that. Scores of people wrote to USCIS ombudsman complaining about USCIS issuing denial notice to people whose I140 was revoked by previous employer even though Ac21 says AOS continues even if I140 is rovoked by previous employer. There are instances where USCIS has issued rfe to prove they are in a same\semilar job. History has shown USCIS uses issues like same\semilar job to kick people out. Based on the IO adjudicating your case, based on the economic climate etc USCIS has made life difficuly (current h1b crackdown is a example).

    What I am saying is bring in protection to AOS by
    -removing the same or semilar job requirement in AC21
    Its not that easy to make this adjustment. If you take out this clause a person can work any where and this is more like a green card. For example a software person can even work in a gas station. I am afraid, this cannot be done as easy as you think.--- Again, I am not saying that it should not be done; all I am saying is let us keep this as a separate item

    -making sure USCIS does not deny AOS when previous employer revokes aproved i140.(even though ac21 says aos cannot be denied, USCIS is sending denail notice).
    There were several request mails already sent to USCIS ombudsman about this issue. Let us not mix up again.


    Yes EAD is absolutely better than H1b but not for long, when people start using EAD instead of H1b, -- This issue will come only if I change my job. If I want to be with same employer I will have flexibility of using EAD (with out the need to extend H1, Visa Stamping)
    USCIS will start denying AOS based on Same\semilar job or other grey areas (not working on EAD because of lay off) then you are back to square one. If you are on EAD and AOS is denied you are out of status like H1b. -- This will come in to picture if I want to use AC21.
    Close the loopholes first before you open the pre filing AOS. Your statement regarding not work at all on EAD is not correct. USCIS can issue rfe\denial notice for lack of job. I hope it was true that it does not matter if you are not working at all on EAD.

    Also please remember that the percent of AC21 denials are compartively less when you compare with total number of people who successfully used AC21... we already have a separate compain for AC21 denials where lots of people have already sent mails CIS ombudsman.

    If I am wrong please correct me.
    Thanks
    Kiran :)




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  • GreenMe
    05-18 11:30 AM
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  • pappu
    05-21 05:38 PM
    Thank you Sugaur!




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  • senthil1
    07-18 12:15 AM
    Actually it is normal that PD will go back in year end. So october it should move forward. I think from 2000 to 2003 H1 was increased to 195k and that made the situation worse. Otherwise general waiting time is 3 to 5 years for Eb3 and 1 to 3 years for eb2. In all visas H1,L1 and F1 Indians are topping every year and increase of 20%. And most of the H1s are coming through consultancy companies and successfully surviving here. Obiviously that made gc waiting time too much.Also in India skilled people are increasing because of outsourcing. Infosys is recruiting 25k people in this year alone. May be total 5 lakh to 1million high tech people will be added in India job market this year and that will grow in future. Around 50k to 1 lakh people are expected to come here for student visa this year. Most of them are interested in getting gc. May be around 2 lakh to 3 lakh people are interested to come to USA from India every year. Including families 1 million people are interested in coming to USA.Add other countries. I do not think that much job growth will be there in USA. Interest rates and inflation are going up. May be job growth may slow down. In that case USA govt will see if it is really useful to increase immigration. Of course they need exceptional people. But not lakhes of people every year. We are not seeing big job growth like dot com period. Also anti immigrants are having their own reasons for preventing immigration. I think everything will be stablized with eb3 waiting time 5 years and eb2 2 years in future as lot of people will lose interest



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  • eb3retro
    06-30 01:56 PM
    Ok the bill is on THOMAS.

    Here's the link to the bill
    http://thomas.loc.gov/cgi-bin/bdquery/D?d109:23:./temp/~bd2vNO::|/bss/d109query.html|


    It's already been referred to the House Judiciary. Since it had to do with Competitiveness i'd rather much rather see it in the House Energy and Commerce or House Science Committee. Despite all their talk of 'welcoming legals, and pro-immigrant, anti-illegal immigrant" pronouncements, they haven't done much to help legals in the Judiciary Committee.


    logiclife: thanks for setting up the webfax. Appreciate all the work you guys are doing.

    Btw, in the senate skil bill (s 2691) i see a new co-sponsor added, TX Sen Hutchinson. Can you set up the Webfax in a way that we can email our Senators/Congressmen to request they co-sponsor their chamber's respective versions of this legislation? Thank1


    one more suggestion/request for logiclife. if the webfax is ready by today it would be great. Cos, lot of people will be out of town next week, since its a long weekend, and may not be accessing this site for a few days. Just a suggestion. Thanks logiclife for setting up the webfax.




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  • mckottayam
    08-19 05:19 PM
    I recommend Hochstatter, McCarthy & Rivas in Milwaukee, WI.
    www.hmrvisa.com



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  • hydboy77
    02-13 05:55 PM
    You are reading my post selectively and not in its entirety. I did not say EAD is waste and useless, I said EAD is waste and useless without the removal of semilar or same job requirement in AC21 as USCIS will sooner or later deny AOS based on semilar\same job requirement. Do you know how many RFE\denial notices have been issued by USCIS to EAD\Ac21 workers? There is an entire thread running into several pages related to that. Scores of people wrote to USCIS ombudsman complaining about USCIS issuing denial notice to people whose I140 was revoked by previous employer even though Ac21 says AOS continues even if I140 is rovoked by previous employer. There are instances where USCIS has issued rfe to prove they are in a same\semilar job. History has shown USCIS uses issues like same\semilar job to kick people out. Based on the IO adjudicating your case, based on the economic climate etc USCIS has made life difficuly (current h1b crackdown is a example).

    What I am saying is bring in protection to AOS by
    -removing the same or semilar job requirement in AC21
    -making sure USCIS does not deny AOS when previous employer revokes aproved i140.(even though ac21 says aos cannot be denied, USCIS is sending denail notice).


    Yes EAD is absolutely better than H1b but not for long, when people start using EAD instead of H1b, USCIS will start denying AOS based on Same\semilar job or other grey areas (not working on EAD because of lay off) then you are back to square one. If you are on EAD and AOS is denied you are out of status like H1b. Close the loopholes first before you open the pre filing AOS. Your statement regarding not work at all on EAD is not correct. USCIS can issue rfe\denial notice for lack of job. I hope it was true that it does not matter if you are not working at all on EAD.




    I read through your reply, however, I found it extremely hard for me to accept your points. You've been probably on EAD too long to remember what a dire condition you came from as an H1B worker. Let's look at it:

    As an AOS, you can:
    - Work for any employer
    - Not work at all
    - Travel out of the country without worrying visa delay
    - When you got laid off, no need to worry about being out of status or restarting GC

    As an H1B worker:
    - If you are laid off, everything, years of wait, thousands of dollars, down the drain, and the whole family becomes out of status immediately. And in this dire economy, this is a sword hanging on the head of every H1B worker.
    - Worry about re-entry visa each time you travel

    With such a huge different, I can hardly convience myself that EAD is 'useless' or 'waste'. True, you'll need to work for same or similar job, but compared to the benefit, it is not nearly as big a problem faced by H1B workers day by day.




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  • navin80
    06-21 11:01 AM
    crystal, did u had any of your friend in a similar case



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  • alterego
    09-20 07:42 PM
    One reason for the poor performance from DC area folks is that a GC does not open many avenues for folks in DC area. You could change from a 70K job to 90K job, may be. In Silicon Valley there are many more opportunities. You are talking about a change from 80K to may be starting a million $$ company.


    Hey buddy, ever heard of moving to California once you get a green card? It is the same country you know.:)




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  • seahawks
    09-22 04:18 AM
    No need to jump the gun. I didn't ask it at a personal level, in case you didn't understand it! Instead of nitpicking on a single statement, read the whole paragraph! I am a member of a state chapter and keep posting on the Yahoogroups, though it's been a month since anyone else posted there ( and I don't get any replies).

    I'm not getting into personal level/ad hominem discussion as it's pointless. I don't need to prove anything to anybody.

    Here is the deal, the idea of state chapters is for grass roots organization. We can't reach out to everyone if we don't have remote hubs, it is as simple as that. We recently revived the WA state chapter and I keep sending emails, one or two respond, the rest are silent readers. However they did join the group and we are now 30+ members. Now, we plan to have a conference call and then we are planning to get together within 2 weeks to meet all of these members. No one is forced, but we would send out and invitation to every member. Then we come out with certain agendas and action items that fall within IV goals. Like one of the main things is to meet local law makers within each state for follow up. This is best done at state level. So I understand the part that you care confused is nothing is happening and you just keep writing. I know the feeling but can you get everyone together, can you get to meet them one by one. Trust me, once you get the ball rolling, before you know, you will have a big strong chapter that makes it easier to pass targeted messages and so on. When IV events are held in a national level, information and action items can be distributed to state chapter leaders who can then follow up.

    But yes, it is hard work in the beginning to get every one on board, trust me, I am fighting the same battle, but hard work pays off!



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  • senthil1
    06-20 09:34 AM
    You will be surprised that even with the restrictions H1b cap will be reached but not in one day or one month but within an year as demand will be there. These restrictions will impact only Indian bodyshoppers who are running just by H1b. Though H1b will be costly if CIR in the same form is passed but Most of good companies will overcome. So if you want to relative number of gc then you need to increase Gc by atleast 50 to 100% from current level.


    Well..if thats the case they seem to have gotten a bad deal cause even togh the H1B visas will increase - there is still the $5000 inc in fee with other restrictions on consulting, removal of dual intent plus the Sanders amendment that deals with layoffs - these conditions nullify whatever the inc in numbers is




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  • 485Mbe4001
    09-12 02:59 PM
    :D you talk as if the president has the power to do any and everything. If that was so then CIR would have certainly passed last year, it was GWB's pet project.

    (IMO, mcain is honest man and a well tested politican, dont want to comment about obama. dont want to get into the discussion about who is better. I wanted to comment about the power of a VP when she becomes a president if and when the president dies. people talk about the VP being a heartbeat away from the president but nothing about having an inexperienced and untested president...anyways...)

    if Obama wins:
    + its better for the world in general. The last thing we want is more of GWB policies destroying both America's economy, civil rights, and respect in the world.
    - his best friend Durbin will again pick up the stick and start beating up on H1 sponsoring. EB will also get run over by the same bus.
    - FB immigration will be put in preference over EB, we are screwed.

    if McSame wins:
    + my taxes remain low
    - CIR is back. 13 millions illegals will get in line. points based system for EB immigration and we are all screwed again.
    - if McCain does not live through his presidency, the biggest country and economy in the world, with the largest number of nuclear weapons, the largest amount of military spending... the rome of our time, with nearly unlimited power and presence around teh world, will be run by a mayor of a small town. Rember her trying to get her brother-in-law police officer fired during her sisters divorce? And when the administrator refused her requests, he fired him? Remember how she emails people off-the-record from her Yahoo account? Remember how she CC's her husband on official emails? Do you want someone that stupid, who already abused whatever little powers a mayor and governor has, to be the commander-in-chief of the united states armed forces?

    Either way immigration-wise we are screwed. I think for the sake of the rest of the world we must wish that this time McCain loses this election. He has made a very stupid VP choice.



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  • lost_in_migration
    09-21 12:06 PM
    Please provide me the source of your quotes. These are simply amazing!!


    A nation that
    continues to produce
    soft-minded men
    purchases its own
    spiritual death
    on the installment plan
    Martin Luther King, Jr.




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  • gc_buddy
    09-12 07:55 PM
    Hi Prince,

    I went thru posts on other forums with I 485 denials after 180 days of filing. In almost all the cases, people filed MTR and their I 485 was re-instated back to normal after that. You should be fine after filing the MTR with the help of attorney.

    I know these 15-20 days will be hard for you. Hang on. I had the same experiance when there an RFE on my I 140.



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  • sk.aggarwal
    08-21 10:09 PM
    Can you please provide the reference through whom you applied? I thought 0213 category is not eligible anymore.


    Instructions on which skilled worker applications are eligible for processing (http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list)

    0213: Computer and Information Systems Managers




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  • Caliber
    04-10 09:33 AM
    [QUOTE=chaanakya;333554]3. You seem to be under the impression that IV got the visa-bulletin reversed??? Moses, wake up and smell the roses. The massive class-action lawsuit being pursued by AILA, the Silicon Valley lobby pressuring Zoe Lofgren, almost all immigration lawyers asking people to join the class action .. what about all of that? Do think your 25 bucks on the flower campaign is what got the bulletin reversed?
    SERIOUSLY?? QUOTE]

    You just woke up and asking others to wake up? A cat like thinking?

    Chaanakya has a great name and you spoiled it too. If not for money, can you list your contributions and it helped others?

    All you guys know is BLAME ... Blame.. Blame....

    Enjoy your free lunch at the cost of others and cut the same hand that fed you.



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  • CndnTN
    01-28 02:34 PM
    We are Canadian and on a visa, our son is an American citizen and we also cannot get the stimulus, not even our son's $300 which is wrong!

    People do not care about the immigration problems because most do not know about them or understand them. It is a very unjust system that encourages illegal immigration and discourages allowing educated, upstanding people from coming here.




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  • SiliconValleyBob
    06-09 12:21 PM
    Hello,

    I am a Canadian and have a PD of 3-05 LC apporved 10-06, filed i140 in 5-07 and am putting together the documents to send in 485 application this month.

    I am on the 7th year of H1-b but have extension valid until 2009

    In a few months I won't have a job. I am trying to apply for 485 before it ends.

    Is it possible to find a job that is different than my current job description?

    When I look for a job, what to I tell potential employer? do they need to sponsor the H1-b or Green Card? do they need a lawyer to manage my stuff?

    What do I do after job ends? Does my family and I have to immediately leave? I heard that I can get a few months by applying for a different status (to take care of affairs) but that only get me a few months.

    We were so happy last week , as our PD came up and we can go through the final stage to get GC... is all lost right now?

    Would really appreciate some guidance.

    -Bob




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  • GCwaitforever
    06-14 10:18 AM
    Congratulations to all. This looks like a miracle.

    All
    Charge-ability
    Areas
    Except
    Those
    Listed
    CHINA-
    mainland born INDIA MEXICO PHILIP-PINES
    Employ-ment
    -Based

    1st C C C C C
    2nd C C C C C
    3rd C C C C C

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html




    m306m
    05-31 09:40 AM
    Have we reached 10K yet? Anyone keeping count?




    new2H1&GC
    08-04 09:29 AM
    Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
    1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
    2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?

    Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
    So my third question is
    3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?


    Again THANK YOU for your replies, it's a BIG HELP!

    I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.

    However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.

    In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
    I recommend you ask an attorney for your specific case.



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