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  • old_hat
    05-09 12:21 PM
    I also saw a quote from one of the Indian offshoring company CEOs that only 25% of Indian engineers are employable. "

    The percentage of people here are a very small percentage of that 25%.


    If H1/L1 visa is restricted, that will give an incentive for americans to acquire a degree in science/engineering, just like the indian students taking courses in india offering a better ROI, as they get the feeling that they won't be discriminated in a job and investing $$$ in education is not going to be wasted.
    H1/L1 restrictions are not going to encourage american kids. It does not impact their thinking. Maths, science are tougher subjects for kids. Kids in India were pushed by their parents to study science in search for a good career. Kids here have a lot other avenues which are more attractive to a kid. Kids do not understand L1/H1. 90% of adult population here does not understand H1/L1. REstricting H1/L1 will not influence a kid to take up science and engineering.





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  • factoryman
    05-16 05:33 PM
    you can't travel out of USA.

    If you file for I-485 (and EAD), but no AP, I was told by my attorney that you have to stay in US till you get receipt ( possilbly - your filing is incomplete, deficient etc- so you need to be here to make it complete - if you want faster filing).

    Anybody else heard the same?


    I don't see an answer to vsoni's question. I don't know the answer either. Can someone answer vsoni's question and also mine, please?
    Here is my question:
    I'm currently on an H1 visa status. I'd be applying for 485, EAD, AP on June 1 (my PD becomes current then. :) ). Currently I don't have a H1B visa stamp in my passport. I'm planning to leave for India immediately after applying for 485, EAD and AP and apply for visa in India.
    My question is if my H1B visa gets rejected, can I come to the US on AP (someone in the US will mail me the approved AP)?





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  • anura
    04-06 06:28 AM
    Is there an admin around here to delete the spam and remove the spamming usernames?





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  • vgc
    06-29 03:56 PM
    Update on July Visa Availability (http://www.aila.org/content/default.aspx?docid=12666)

    We are hearing from multiple sources that, on Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. AILA Doc. No. 07062973.



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  • GCBy3000
    06-18 02:46 PM
    Did you check the CP instead of AOS. I dont know the interview date now.

    can i get her here on tourist visa and file for I485...my H1B extension is in process. the lawyer said it may take 4 months.. it was filed 15 days ago...

    gautam





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  • kate123
    03-31 08:39 AM
    This is approx data from last year DOS yearly report.

    EB1 = 41k
    EB2 = 53k
    EB3 = 42k
    EB4 = 11k
    EB5 = 2k

    Total was ~ 150 k ( 140k + 10 K from Family Quota's Spill over )

    so basically EB1 and EB2 row didn't give any spill over , it was EB5 and family based spill over.
    This year we will not get family but instead EB1 will give same share so in the end total spill over for year will not be more than 20-22k.

    I think you have wrong info... Last year, EB2 I&C did receive spill over from EB2 ROW, EB1 (~3K), EB5.. Also from reading other posts it is my understanding that in fact there was NO spill over from Family Based.

    I could be wrong though!!



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  • kaisersose
    03-26 12:52 PM
    I had a reqruiter discussing a great job opportunity and finally when it came to the status thing, it was my mistake, i said "I have EAD". She said "That's fine" and never got back to me, she said she will be in touch via email but never did that.

    So this is a pattern now.

    Reqruiters and HR know they can say "Sorry we do not sponser visas" so they say it without any issue but not EAD.

    I am just baffled as to why are some people so fussy about EAD. Isn't EAD holders a piece of cake for the company? People with skills and eligible to work for any employer????

    I am sure the hiring managers would love to bring good people on board. But unfortunately, these reqruiters and HR are creating the mess.

    Looks like for reqruiters, they think they can just apply the filter to lessen their burden on collecting resumes.

    The problem here is, she may not have responded back for some other reason. We cannot assume the EAD is always the reason. We cannot know unless they explicity say so, as I experienced yesterday.

    My wife had her resume on monster under the GC cateogry (they do not have an EAD category as far as I know). She was interviewed and selected and when submitting her I-9, she put in her EAD details and attached a copy. No one raised a hoot at any point.

    There are only some sections rejecting EADs either because of ignorance or due to the additional work required in screening EAD candidates as the recruiter explained to me.

    It may also be a good idea for people who recently had success with EADs to post their cases here or people will begin to get anxious about their work status as no one really knows how long they will be stuck with EADs.





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  • joelly
    05-17 03:30 PM
    I never heard of an RFE for H1b extension. Are u sure that the RFE is not related to your I-140 or I-485?
    H1b extension should be a smooth sail.



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  • sayantan76
    01-08 11:50 AM
    Yes you are correct.
    I dont know about the Govt and bureaucrats and political aides - maybe they have big attention spans - but i know for a fact if someone in a corporate structure receives such a long letter as proposed originally- most would not have the patience to read it. Maybe, the handwritten and personalized part should be:

    1. I am XYZ - educated at ABC and work in DEF sector. Been in US legally for XX years - no able to buy a house, progress in career, start my company etc for not having visa certainity.
    2. While we wait anxiously for comprehensive reform - the following administrative fixes can speed up the processing backlog, specially for some countries like India, China etc

    a.
    b.
    c.

    Highly skilled immigrants have been a key stakeholder in keeping America competitive and your leadership in providing relief to this segment through these fixes would ensure that the best and brightest from around the world continue to be attracted to America.

    I am also enclosing a detailed write-up on this issue for your further reference and I look forward to your urgent attention in this matter.

    Yours truly.....

    Encl: as above

    Then the standard printed mailer can be an attachment. Keeps the main letter short and sweet.

    This may be a trash proposal - but is based on my close observance of senior management (and i am asssuming senior mannagement in corp world is not that different from politicians) - would increase the probability of the main message being read!





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  • immigrationvoice1
    04-17 03:33 PM
    I have sent an email to the id listed on that site (osccrt@usdoj.gov)with emails from Capital One which says they are not in favor of EADs. Will update once I hear back.

    Here is the response for my email sent earlier which I received today. Advices are welcome:

    Dear Mr. xxxxx:

    Thank you for your e-mail inquiry received by the Office of Special Counsel for Immigration Related Unfair Employment Practices ("OSC") on March 25, 2008. You inquired whether or not an employer engages in unlawful citizenship status discrimination if the employer rejects an applicant for employment because the applicant possesses an H-1B visa and a valid "EAD".

    OSC enforces the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. � 1324b. The Act prohibits employers from discriminating on the basis of citizenship status or national origin with respect to hiring, firing, and recruitment or referral for a fee, unfair documentary practices with respect to verification of employment eligibility, and retaliation. Citizenship status discrimination occurs when individuals are rejected for employment or fired because they are U.S. citizens or because of their immigration status or type of work authorization. The Act does not protect all groups of workers from citizenship status discrimination. U.S. citizens, most permanent residents and temporary residents, asylees, and refugees are protected from citizenship status discrimination. Other classifications of workers like H-1B visa holders are not protected from citizenship status discrimination.

    It is not possible to determine whether you suffered unlawful citizenship status discrimination based on the information you provided in your e-mail. If you believe you have suffered citizenship status discrimination, you or your representative may file a charge of citizenship status discrimination in hiring, firing, or recruitment or referral for a fee directly with OSC. OSC will review your complete charge and investigate to determine whether there is reason to believe you have suffered citizenship status discrimination in violation of 8 U.S.C. � 1324b. For more information on the charge filing process, please visit our website at - http://www.usdoj.gov/crt/osc. In addition, individuals may download the charge form from this website. Please note that charges of discrimination must be filed within 180 days from the date of the alleged discrimination. You may send the completed charge form to OSC via facsimile at (202) 616-5509, or by first-class mail to: Office of Special Counsel for Immigration Related Unfair Employment Practices; 950 Pennsylvania Ave., NW; NYAV Building, 9th Floor; Washington, D.C. 20530.

    Thank you once again for your correspondence. We hope this information is of assistance to you. If you have any questions or need additional information regarding immigration-related unfair employment practices, you may contact OSC at 1-800-255-8155 (toll-free).



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  • pappu
    01-08 09:43 AM
    The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended.

    It should read as, "There are more than half million highly-skilled legal immigrants already working productively in the United States who find themselves trapped in a system that is taking years longer than intended.

    Pls feel free to change the text of the letter and personalize it if you wish. If you wish to include your story and attach a photo copy of your degrees, patents, awards, please do so. Just make sure to include the provisions we are trying to push.

    If you are handwriting the letter, your writing should be legible.. If nobody can read your writing, then it will defeat the purpose. Write the letter in such a way that the key points are easy to read. If you would like to use rules, bold text, highlighters etc... go ahead and do it.

    We all need to be as creative as possible to make this campaign a success.





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  • unseenguy
    06-15 06:49 PM
    The competitive angle did occur to me. There is no reason a business should not look for ways to cut costs. However, this is a question of fairness & legitimacy. A L1 visa person living in a low cost country and coming here temporarily on short-term assignments can make do with lower wages because he likely does not have to support a family here at the US cost of living, and L1 spouses can work. This is not fair to a H1 with same skills whose H4 spouse cannot work, and for the same reasons it is not fair to USC/GC folks. Isn't that why we currently have all this labor certification processes and DOL laws? Those laws are designed to level the playing field. It is not easy for the company to outsource entirely, so they break the law by abusing the visa. Why should we not act to stop this illegitimate corporate action?

    If that does not sound reasonable, let me ask you this: Why should USCIS and law-makers even consider taking steps to address green-card backlogs, adding resources to process more cases more quickly when they can just sit there and collect fees from you for visa / EAD renewals?

    Agreed on your point. But there are other discriminations at workplace such as , age, race, sex and sexual harrassment. Those who complain about it effectively terminate their careers. If you want to go , complain against this L1 misuse fine, but you are not going to get mileage, maybe some bad breath and bad publicity and eventual loss of reference & job. If your company / client has decided they do not want to persist with you, there are 101 ways they can get rid of you, legal or illegal, my suggestion is, if you were exposed,

    can L1fraud hold his head high in front of his client and still ask for reference with no sense of guilt in future? If not, he has lost half the game but now wants to lose the other half in a self destructive manner.



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  • gg_ny
    08-09 02:30 PM
    Once again the petition protesting against namecheck delays misses the point. It is unreasonable to ask the FBI to "speed up" the process, they should be allowed to take as much time as they want.

    I want to recycle all the negative adjectives you have used in your mail on your statements ;-). Please read about NNCP, FBI and related congressional hearings and statements; about the GC for a muslim known to have Hezbollah connections but missed by FBI background checks and the kind of reactions in evoked in 2002; subsequent modifications in the name check process. Also, try to understand (!) that name checks are done for ALL APPLICANTS including for Soccer Spicegirl and her hubby Bechkam when they would apply under extraordinarily talented category. FBI does not look for visa category the applicant comes under; it is not their job. CIS is mandated to have the "background" check (of which namecheck is just one of the processes) cleared for ALL gc applicants. Then how can this be independent of gc process? What if the uncleared person gets gc and then becomes persona non granta (unavailable) for deportation if the checks fail? how about the benefits (SSN etc) and immi benefits (sponsorship etc.)? what if that person becomes an elected offcier (state governor?) and then the name check fails?

    The request to speed up the name checks is truly ridiculous. Stupidity like this is what harms legal H1-B immigrants the most.

    Do you understand the reasons for the delay? Read Pappu's postings carefully: the delay is not because of namechecks not cleared; delay is mainly because the FBI analysts DO NOT GET TO YOUR FILE for many years! They claim they could not keep up with demand for name checks from gc applicatns, naturalization applicants, sometimes other visa applicants, whitehouse visitors, political appointees to less prominent positions, would-be employees of coast guard and other sensitive defense establishments etc. etc. If that is the case what is wrong in asking FBI (I dont know who is doing it though) to speed up the process for legal immigratns? $100 X 500,000 = $50M; Even if one analyst costs ~100K per year (with benefits), then do the math!

    Stupidity in any form is harmful to H1Bs. Asking for expediting namecheck (even with a fat fee) is not one of them. But putting the mouths first where the minds should have been really harms anyone!





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  • mohican
    01-15 09:31 AM
    Hi RajuSeattle--

    You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

    Please note the response I got from the attorney of my previous employer (the one who revoked)

    This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

    Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

    I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.




    Quote:
    Originally Posted by rajuseattle View Post
    Mohican,

    From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.

    I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.

    Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
    or for some other reason revoked your approved I-140.

    If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.

    Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.

    Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.

    Technically you can not use EAD until they restore your I-485 petition.

    Wish you good luck and hope you will have a successful outcome.
    Edit/Delete Message



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  • Ramba
    08-21 12:55 PM
    You are right about members working on understanding the law in this forum and thrashing out arguments to make them fool proof. Instead I find people getting incensed at each other and creating a destructive environment instead of a constructive one.

    As far as immigration lawyers go - they have no incentive to file a lawsuit to get a correct interpretation as they donot stand to gain whatever way the law is interpreted. Also while there definitely are a few smart immigration lawyers- the run of the mill ones are no better than paralegals. I'm not sure I should be saying the above but my experience points to that.

    Yes. No one has bothered to go after DOS for misinterpretting the AC21 rule in allocating immigrant visa. Many people (EB2-India) raised their concern between 2003 and 2006, as DOS is not correctly following the rule and allowed the spillover to go EB3, when EB2 was in high demand particulrly from India. Even IV core did not go after DOS. As you mentioned, lawyers has no incentives. EB3 has enjoed between 2000 to 2006 (from the mercy of DOS). For example in 2006, EB2 got about 25,000 visas abot 20,000 visas (from EB2)has gone to EB3-ROW.





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  • diptam
    06-26 10:35 PM
    Box a) is saying 140 approved ... But in my case 140 is Applied ...

    Shall i check box a) or check box h) Other basis ??



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  • drona
    07-09 06:39 PM
    The flowers must go to USCIS. Let them forward it to the hospital. We need them to go to USCIS to make the media story. I don't think they can intervene our orders.





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  • yagw
    08-16 01:13 PM
    Landed in this country on Aug-16-1997 for Masters. Today myself and my wife both got CPO mail/text message. Thanks IV community and good luck to all. I will be doing my part to make this system better!!!

    Details:

    PD: 04 Jan 2006, EB2 I
    RD: 07 Jul 2007, TSC (I-140 was with NSC, but the attorney sent it to TSC in the july 2007 fiasco)
    ND: 27 Aug 2007, NSC

    Didn't do anything in 2008 and decided to do everything possible this time around.
    Aug 3 - Primary I-485 SR,
    Aug 5- Primary EAD SR,
    Contacted Congress Woman on Aug 9 - Didn't get any useful info. I think, being in bay area, they might have been flooded with these requests.
    Aug 10 - Opened an Infopass for Aug 18
    Aug 16, 8:30 am - Dependent SR
    Aug 16, 9:30 am - Called the customer service for primary's status - got the standard response that they sent a mail (which i didn't get) asking me to wait for 60 days.
    Aug 16, 10:15 am - Wife called me to inform the good news, the online status change.
    Aug 16, 10:18 am - got the text message (which just said "check your status online").
    Aug 16: Got the CPO mail (time stamped 10:18am)

    Guys (and Gals), Hang in there and you will have your independence soon.

    Regards,
    Yet Another Greencard Wait (not anymore :)





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  • rbkrao
    09-13 03:33 PM
    got PDA mail directly today saying the approval notice was mailed on Friday 10th Sep.

    good luck to all waiting...

    Thanks IV.





    abuddyz
    01-30 04:45 PM
    I read in another forum that US consulate in Canada is actually asking to fill out some PIMS form available on their website. Also you need to fax your documents 1 week prior to your appointment.

    Can anyone confirm this? Man, I wish this could be the case in India also. :confused:

    in mumbai, also you need to enter the details of petition online (petition number, expiry date and petitioner name) while booking appointment.. and you need to submit all documents before 5 working days.. (in some cases they mention 3 working days)





    siddhu98
    11-07 03:28 PM
    I will send out the documents tomorrow. Can you forward the docs to my email id
    Thanks.



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