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chakalov

02-17 04:16 PM

The spill over will come from EB1 India guys not from ROW.

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kaizersoze

03-21 12:30 PM

I just posted this on another thread. I'lls et up a conf call, hopefully this weekend. We need to build some momentum and meet as many lawmakers as possible.

PS: This post pertains to seattle area congressmen. I'll post a contact list of lawmakers in the northwest region. I noticed that someone from portland als posted here.


Folks,

As part of the WA state chapter, we have started meeting lawmakers. We met one congressman last week, are meeting one this friday and another next week and more as appointments get scheduled. I just want to share at this point that the initial reaction was very positive. They are very approachable, and very willing to listen. They understood the pain we are going through and noted the suggestions we made and the provisions that we want them to support.

I want to point out that although they were aware of the ongoing debate on immigration and the difference between H1B issues and GC issues, they dont fully understand the GC process and how long and how much we suffer in the process. Once they realize this, they look at it differently. The only way they will know is if we go and talk to them !!

I request and urge everyone to take 2 mins out of their busy schedules and just call their congressmen/senators. Help the core team out. They cannot do everything themselves. IV has all the material ready on the website. All you have to do is spend 30 mins talking to the representatives about it. I am speaking from personal experience. IT GOES A LONG WAY !!

Once we have met a couple more lawmakers, I'll put a detailed post about the takeaways.

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amitkhare77

09-04 09:54 AM

Question : If I get H1 transferred to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.

NO, I-485 filing > 180, also the I-140 is approved.

1. Will there be any effect to my GC process in case CURR Company revokes I-140?
No. if you send AC21 letter, you will not receive NOID (you might get RFE)

2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
Yes

Here is my thought -
If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.

Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
just my thought, you might want to validate this with any leagal expert.

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RanchCharm

07-17 07:14 PM

Hi All,

I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.

My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?

I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?

Please advise.
Thanks,
Nachi

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eeezzz

02-19 01:18 PM

I still don't see where this "spill from EB-1 ABC country to EB-2 ABC country" idea coming from.
We all know there's no fixed number of quota for any country in each EB category. There's only "up to" limit for each country. Although some countries may hit their limit early, but that doesn't mean that is reserved quota for that counrty. Since there's no reserved quota for any country, where is the "spill from EB-1 ABC country to EB-2 ABC country" idea coming from ?

"There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year"
I think this means
1. If EB-3 RoW Current, unused quota goes to other countries which is not current, from EB-1 -> EB-2 -> EB-3, either randomly or again by country limit to use these extra quota.
or
2. If EB-3 Row not current. unused quota goes to other countries which is not current, from EB-1 -> EB-2 ->EB-3, either randomly or again by country limit to use these extra quota at 4th quarter in order to not waste any quota.

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daishwarya

07-23 03:05 PM

Yes. I am from VSG too...I left VSG in 2008. I don't know anybody who got approval...

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BhanuPriya

01-12 03:44 PM

Received I140 Approved Documents using FOI Act.

I use to suffer from my rough Employer (Desi), who never used to give me any of my Immigration Documents including Approved H1 dosument. I asked him to give atleast my H1 document so that I can go for Visa Stamping. He is such a bloody rough and he wants me to stay with him as bonded labor. I used to beg my Salary every month and never use to get my payment what I need to receive.
Meanwhile, I heard about FOI (Freedom of Information Act) and applied for it in 7 months back for the Approved I140 Documents. I applied for it and forget. To my surprise I received all the I140 related Approved documents yesterday evening. I have already changed that rough Employer without Approved H1 Notice. Now, I am very happy person working for a nice and decent Employer.

Thanks to all supporters/friends who work in these forums providing Information for the benefit of other people.

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chanduv23

02-17 08:48 PM

Durbin likes to have it both ways - be perceived as being pro-immigration (for his work on behalf of Hispanic illegal immigrants) but also being the champion of unions. I think he might respond if he starts to get labeled as anti-immigrant. He will not want to start to get the label of being someone who opposes immigrants. But I'd probably stick to the flowers and make it IV's signature. When the media hears about another flower campaign, they'll know something big is up and that the person getting the flowers is being targeted for an important reason.

For some reason this thread caught my attention. Looks like this was discussed sometime back.

Sending flowers once again ???? Is this a good idea :D:D:D

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amitjoey

02-03 07:52 PM

Hi EveryOne,

I got my Green card in mail yesterday.
Thanks.

Congrats!!

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softcrowd

02-17 09:46 AM

"U" does not mean quota is done for FY 08...it may be "U" becoz for those categoreis, quarterly quota exhausted....USCIS normally does not grab the entire FY's quota at one time...they do it quarterly basis.

Even i think definitely before Oct itself, EB2 India moves ahead.

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jasmin45

08-21 10:36 AM

Go party now!

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satishku_2000

02-21 11:02 AM

Hey

I thought I am the only poor soul looking for whole month to see the processing dates, Finally they have published today.

I have seen that I-140 EB3 moved siginificantly But still away from the my receipt date.

Hopefully you have a good news :)

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sangeethak31

07-14 08:53 PM

Thanks for the quick response...

Could someone please provide me the co-affidavit letter template.

Thanks,
Sangeetha K

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gondalguru

07-08 07:53 PM

As tax returns are filed online now (I used turbotax).... do u need to attach all the 1099s (1099 div, 1099 misc etc) that u get from bank, brokers etc to 1040 forms???

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JDM

08-27 12:18 AM

bump^^^^^^^^^^^

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sujijag

03-11 06:33 PM

If someone does this - its fraud, if they do it themselves - its legitimate.
Seek Lawyer's help, asking such qns in forums only creates backlash ;)

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txh1b

04-20 02:25 PM

Thanks for the reply.

We are not in Chicago. Their POE is in Chicago. I may have to go to the local USCIS office and clarify it.

I am also checking with the Attorney.

You can go to the closest international airport's CBP. USCIS local office cannot do anything about it. Only CBP can.

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dalishi

10-13 02:45 PM

Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.

Thanks!

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piyu7444

05-08 07:15 PM

What if your old employer cancels your I-140? In that case wouldn't it be better to have informed USCIS that you changed jobs?

After 180 days if employer cancels I 140 it does not matter......:)

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jasonalbany

07-04 12:28 PM

Access to Job Market in U.S. a Matter of Degrees
Foreign workers with high-tech skills are in demand, but visa quotas snarl the hiring process.
By Anna Gorman, Times Staff Writer
July 3, 2006


This spring, a U.S. high-tech company recruited British citizen Gareth Lloyd for a possible engineering job.

But before the Irvine office made its hiring decision, the number of available visas for skilled workers ran out, in a record time of less than two months.

Lloyd, who has degrees in applied physics and electrical and electronics engineering, found another job in Germany.

"I was a little bit incredulous," Lloyd, 34, said in a phone interview. "It seems arbitrary to put some kind of quota on this."

Much of the national debate on immigration has centered on undocumented workers who fill agriculture, construction and service jobs. But highly skilled foreign scientists, engineers and computer programmers recruited by U.S. companies to work here legally also have a lot at stake in the outcome. "The major focus for all the laws and all the bills has mainly been for illegal immigrants," said Swati Srivastava, an Indian software engineer who lives in Playa del Rey and is waiting for her green card. "We kind of get pushed to the sidelines."

The Senate's sweeping immigration bill that passed in May calls for increasing the number of H-1B visas, which are available for professional foreign workers, from 65,000 to 115,000 annually. Foreigners with certain advanced degrees would be exempt from the cap.

Despite President Bush's urging to increase such quotas, however, the House bill that passed late last year does not include any provisions for skilled-worker visas. And a conference committee, which would negotiate a compromise, has yet to be selected. U.S. companies complain that they are losing prospective employees to other countries because of a shortage of highly skilled and educated foreign workers. As a result, companies are either outsourcing science and engineering jobs or making do with fewer employees.

"There aren't enough U.S. citizens pursuing those types of degrees," said Jennifer Greeson, spokeswoman for Intel Corp. in Santa Clara, Calif., where about 5% of the company's U.S.-based employees are on H-1B visas. "U.S. companies being able to have access to talent, no matter where it originates, is key to our continued competitiveness."

But critics of the H-1B program argue that there are enough Americans qualified for the jobs. Companies just prefer to hire younger, less expensive workers from other countries, such as India and China, instead of more experienced American workers at higher salaries.

"The bottom line is cheap labor," said UC Davis computer-science professor Norman Matloff, who has studied the H-1B program.

The six-year visas are available to foreigners with at least a bachelor's degree. Firms must pay foreign workers the prevailing wage.

The U.S. Citizenship and Immigration Services agency begins accepting H-1B visa applications on April 1 each year. The agency received enough visas to hit the congressionally mandated cap of 65,000 at the end of May this year, compared with August in 2005 and October in 2004. Those who receive the visas can begin work Oct. 1, the start of the fiscal year.

There are also 20,000 additional visas available for foreign workers who earned a master's or higher-level degree in the U.S. The Citizenship and Immigration Services is still accepting applications for those visas.

Because the H-1B cap is reached more quickly each year, many companies prepare their paperwork ahead of time so they can be at the front of the line. But they say it's often difficult to make hiring decisions six months before the start date.

Orange County immigration attorney Mitchell Wexler has a courier ready on the first day to take his clients' completed applications to Citizenship and Immigration Services.

"The whole white-collar business community is kind of crossing our fingers" that the number of visas is raised, Wexler said. Highly skilled foreign workers, he said, are "the best and brightest" and should be invited into the economy.

"If we can't get them," Wexler added, "they will go to a country that will accept them, and they will get jobs in Canada, Australia and England and will compete against us."

One of Wexler's clients, Massachusetts-based Skyworks Solutions, develops and manufactures integrated circuits for cellphones. Connie Williams, senior human resources specialist at the company's Irvine office, said her firm was effectively cut off from a foreign labor pool that included Lloyd of Britain when the government stopped accepting H-1B applications.

Williams said she worries that if Congress fails to pass reform legislation, the door will slam shut even earlier next year. The company has just over 2,000 U.S.-based employees, roughly 100 of whom have H-1B visas.

"We need these highly skilled, highly educated, highly qualified engineers," said Williams. "These people are a needle in a haystack."

Once foreigners have H-1B visas, they face another hurdle � becoming permanent legal residents. Applicants are often forced to wait years because there are only 140,000 employment-based green cards available annually. A backlog at Citizenship and Immigration Services adds to the delays.

Swati and Aradhana Srivastava, 34, both Indian software engineers working in the U.S. on H-1B visas, began the green card process with their employer in November 2001. Since then, the sisters said they have not been able to change jobs, positions or salaries.
They have taken film classes and are eager to pursue second careers in filmmaking but cannot do so until after they get their green cards. They also are reluctant to buy property or start a business. If they don't get their green cards by the time they finish film school, the sisters may return home.

"It's like living in a holding pattern continuously," said Swati Srivastava, 28, a member of Immigration Voice, a new grass-roots organization of skilled foreign workers pushing for immigration reform. The Internet-based group formed late last year and has about 5,000 members scattered around the country.

"We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."

Sandy Boyd, vice president of the National Assn. of Manufacturers, said there is an urgency to fixing the problems facing highly skilled foreign workers, whether they're seeking temporary or permanent legal status. The Senate's proposed immigration bill would increase the number of available employment-based green cards.

If compromise legislation cannot be reached on the broader issues, Boyd said, Congress should pass a separate, more narrow reform bill.

"This is not an issue that can be put off until comprehensive immigration reform is passed," Boyd said, "because once we lose these jobs, it's very difficult for them to come back."

But industry lobbyists arguing against increases in H-1B visas say the program hurts U.S. citizens by lowering wages and increasing job competition. They cite a recent report by the Government Accountability Office that says the program lacks sufficient oversight from the Department of Labor.

"We feel for the most part there are not shortages of U.S. engineers and computer scientists that have the skills these companies are looking for," said Chris McManes, spokesman for the U.S. sector of the Institute of Electrical and Electronics Engineers. "If the cap is increased, that will further hamper the ability of a U.S. engineer to find a job."

David Huber, a network engineer in Chicago and U.S. citizen by birth, said he twice lost out on jobs to foreign workers. He was passed over for one job and replaced at another, he said. Huber, who testified before the House in March, said he could not find work for nearly three years, despite his education and experience. "Too many of us cannot find jobs because companies are turning to H-1B workers as a first choice," Huber said in written testimony to the House.

Swadha Sharma, who lives in Arcadia, said she is not trying to replace U.S. workers. Sharma earned an electronics engineering degree in India but has long dreamed of becoming a math teacher. So while her husband worked here on an H-1B visa, she earned her teaching credential at Cal Poly Pomona.

Sharma, 30, started applying for teaching jobs early this year, but she said only one of three interested districts was willing to sponsor her for an H-1B visa. And that offer, from a Los Angeles charter school, came after the visa cap had been reached. Sharma now plans to pursue a master's degree but said the U.S. is "missing out on a catch."

"I am really qualified," she said. "Hopefully, I will be able to teach soon."

As for Lloyd, his plans to come to the United States are now on indefinite hold. He started his job in Germany but still laments the U.S. immigration system for limiting workers like himself from coming here.

"The H-1B scheme seems a little bit ridiculous," he said. "I would certainly be an asset to the American economy."

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kumarc123

11-06 03:44 PM

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