Saturday, June 25, 2011

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  • delhiguy
    07-07 07:37 PM
    i saw it on TV . there is 10 ot 15 sec clip of some one asking Condoleezza Rice about this fiasco . which program was that on nbc ? any one has any info on it ?
    Its on the CNBC HOME page.. On the right





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  • sidm
    04-10 07:55 AM
    And what makes you think that software consultancies cannot be run without H1-B visas?

    Lol, they can.....and they'll charge like $200/hr for everything w/o H-1s willing to be relocated at moments notice.....the industry can't afford to pay someone higher just because they are 'American' if it is not profitable for them......leads back to the original point....





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  • sanbaj
    07-28 03:49 PM
    :confused: I have

    EB2 140 Approved Feb 2006

    EB3 140 approved June 2004

    My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?

    Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.

    They suggested me to wait and see since ,now, my original EB2 is current anyways.

    My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?

    Should I request infopass now or wait ?
    Yes, in my opinion, you can file with two I140s, especially, if you want to use category of one and PD of the other. You can find the PD for your 485 on your 485 RN and from that you can deduce that they are looking at EB3 or EB2 I140.

    Waiting for Aug/08 and calling USCIS for opening a SR is the good way to ask them to work on your case.

    Best of Luck.





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  • GC_ki_daud
    07-25 02:32 PM
    :confused: I have

    EB2 140 Approved Feb 2006

    EB3 140 approved June 2004

    My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?

    Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.

    They suggested me to wait and see since ,now, my original EB2 is current anyways.

    My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?

    Should I request infopass now or wait ?



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  • himu73
    10-11 11:47 PM
    My labor was filed on July 2004 and I have not received an approval yet.
    I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
    So Lawyer has started the advertisement process again.

    One important issue is over looked here. Small employers will have a tough time in proving I-140 "ability to pay" for employees with older PD�s, whose labor got cleared after Aug 17 from BEC. Cuz the company has to prove its "ability to pay" the proffered wage starting from the date PD is established continuing until the adjudication of I-140.

    Suppose the PD for an employee is Oct 2001 and the proffered wage is 80K per annum, then the company should prove that its assets, net income or salary payments were >=80K starting from Oct2001 continuing until the adjudication of I-140.

    This is indeed an acid test for small employers.





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  • Libra
    01-17 06:22 PM
    need to be on top



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  • logiclife
    04-02 10:20 AM
    How many faxes have gone out so far?





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  • gc_maine2
    08-05 12:12 PM
    its a really good discussion, thanks to all people who have provided valuable information. I am a Consultant throughout my career and never lead a team but now planning to change gears and move into project management. When I goolged about the requirement to take the exam, Lot of PMP training institutes came up and they are charging about $2000 for training and they say its a 5 day course, guarantee to pass bhla bhla .... My first question is it required to take these training classes? if not how to become eligible for to take the exam, Please advice.



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  • roseball
    08-23 11:20 AM
    Thanks for your detailed reply. Till now I have not paid for anything for my GC. I have been here since last 12 yrs. My employer is picking up the cost for PERM and I140, as you said I may pay for premium processing for 140 if I opt it that way. My concern is, he said we need to file I485 also as my old 485 is in old format (paying for EAD renewal and AP), not sure about that.

    So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?

    That is right, no need to file I-485 again. The format of I-485 has nothing to do with this. I am assuming he is just trying to make money by doing the additional paper work. A couple of my colleagues got their GCs that way in July and my employer is also in the process of filing my EB-2 I-140 under Premium Processing this week with a request to port my earlier EB-3 PD and a letter to USCIS requesting to adjudicate my pending I-485 under EB-2 preference, once EB-2 I-140 is approved. In my colleague's case, TSC approved both Eb-2 I-140 and pending I-485 (was at TSC as well) concurrently in July.





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  • gc28262
    03-11 10:45 PM
    You are acting paranoid. Let me know what you expect as a reaction to the requirements asked by Consulate-

    1. Would you be happy if I say it is not legal for consulate to ask for such documentation?

    2. Do you want me to call them names?

    3. Would it be better for me to state that they are racially motivated and discriminating against Indians?

    4. They should cancel all documentation requirements?

    Anyways....I earn 64k per year and I want to take benefit of the mortagage crisis and buy a 900k home. I want the banks to continue with their past practice of providing cheap loans with no down-payment and not a lot of documentation. Would that be a valid demand?

    Fellow legal immigrant..what do you think would be result of ICE raids which finds some fraud (I said some not to indicate that it happens in majority cases...it could be less than 1% of all the genuine cases). As software engineers what do we do when we find defects during testing or post production stage? Do we fix it or we try allow it continue?

    I dont know what response you are trying to solicit?

    All the folks who came here ..in early 19th century didnot have to deals to employment based and family based immgration...hell they just landed and assumed citizenship...but does it mean that we use that as an example as seek citizen ship today? No....rules, laws change over-time..and amendments happen to make it better for the buyer's end.

    Are you so powerful to make all these changes ? You don't have to do so many things for me. Just get me a GC. I won't ask for anything else from you.

    Take it easy.



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  • karthkc
    06-06 09:40 AM
    Answers to the questions above:
    1. The company is a Manufacturing company.
    2. They have 17,000 employees.
    3. Yes. Salary has changed but not significantly.

    I dont see any issues here, but if you are still not sure and your date is current, see if you can request a promotion date that can be effective after your case has been adjudicated.

    It will take some explaining but might be worth it..





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  • nrk
    10-29 09:46 AM
    Hi,

    I followed up two more cases with the same status as mine,

    All the 3 SR's opened in TSC on 10/14/2009 or 10/15/2009 and answered by the same representative.

    Today one of them took an info pass and talked to IO. they said the information could be wrong as they don't see any status like that. and one more thing their case is pre approved.



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  • Macaca
    08-31 10:38 PM
    This is your only chance. There is no more rally later.

    If you want to wait 10+ years for your green card, stay at home and hide. (Retrogression will just get worse, I guarantee). If you want to change your future and get a GC one day please show up at the rally. We are there to show that we even exist, no need to do anything else. We need everyone.
    No one cares about people who doesn't exist.
    I understand that you will be in DC!

    Way to go. Thanks!





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  • mpadapa
    02-11 05:44 PM
    realizeit, you just didn't get the unused visa calculation.
    By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.

    Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.


    If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.



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  • gc28262
    03-11 06:49 PM
    Per your logic if someone tries to stop/end bribing in India, you will question them saying-

    .................................................. ...............................................
    .................................................. .............................................
    .................................................. ................................................
    What you are saying..about consulting companies not having a "job" at hand to offer is the mis-use of the Visa. This is the loop-hole that cause small time shops to jsut bring a lot of people onsite and then start sending resume arranging interviews etc............................................... ...........
    .................................................. .............................

    Don't compare this to bribe. You lack judgment. That is the way consulting business work irrespective of whether it as an Indian owned company or American company.

    Regarding "job at hand", as long as the company is paying wages to the employee from day1, there should not be an issue. H1B laws don't say you have to have an end client to sponsor an H1. Employer needs to pay the employee from day1. That is it. Only outsourcing companies can guarantee an end client.

    Don't site examples of companies that are not following rules to make a point.

    I am sure you were not air-lifted by one of the US companies from India.
    If you are an IIT ian, companies may do that. Not otherwise.

    If you have some issues with consulting companies, that is your personal problem. It has nothing to do with H1.





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  • Ramba
    02-20 10:16 AM
    As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.



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  • dummgelauft
    11-02 02:32 PM
    I'm getting my bag of M & M's and box of Kleenex tissues ready.

    mit Weise sind die Sachen, sollten wir eine gro�e Menge Spiritus bestellen.Frustriert, ver�rgert, hilft dieses. Es regnet stark, und das dach war undicht!!





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  • ronhira
    07-21 09:01 AM
    doggy, (what a name) u just signed-up and this is your first post..... r u an agent of anti-immigrant website doing their media campaign :cool:


    Check Anti Antis: Conference call: To teach Antis how to post!!! (http://anti-antis.blogspot.com/2009/07/conference-call-to-teach-antis-how-to.html)
    Conference Call on Effective Posting - tomorrow, July 21st at 7:15pm

    How to Post for Maximum Impact
    Conference Call tomorrow night, 7:15pm Central

    Labor Day marks the beginning of national discussions on the corporate visa programs that allow companies to legally bypass the US workforce. Most tech workers see this bypass and confront this bypass when they are looking for jobs. But most recent college grads will never see or confront this issue because they will never be considered for jobs their degrees qualify them to do.

    This is the power of employment discrimination. This issue will be part of a national conversation on comprehensive immigration reform if we tell the truth about our own circumstances.

    Businessweek will be posting their article on H-1b exploitation on Wednesday. Join me to discuss why the "culture of bypass" is the necessary precondition to create the "culture of exploitation."

    Scheduled Conference Date: Tuesday, July 21, 2009
    Scheduled Start Time: 07:15 PM Central Daylight Time
    Scheduled End Time: 07:55 PM Central Daylight Time

    Type of Conference: Standard
    Dial-in Number: 1-219-509-8111
    Participant Access Code: 798504


    Reservation:
    NO, just dial in at 7:15pm Central

    Text of Email Sent Last Week:

    This culture of exploitation among IT labor contractors could not occur without the legal protections to bypass the US workforce. This is why the corporations are fighting hard to defend this protection and defeat the Durbin bill (S. 887).

    Readers may not make the connection between this corporate malfeasance and the bypass of qualifed citizens and green card holders - but your posts can. Make sure your posts mention the Durbin bill (S.887).

    Here's some talking points on corporate protections affored by visa programs:

    * The H-1b corporate visa program is responsible for these crimes because it protects corporations from ever considering local talent and opening the door to this culture of exploitation. Passing the Durbin bill will end this culutre of exploitation.
    * Protectionist measures in the current corporate visa programs are poisoning the IT industry - no corporation should be protected from the consequences of discriminatory hiring practices.
    * American labor laws and EEO have had a powerful impact on American society. These visa programs protect corporations from employing a workforce that knows their rights and can exercise them. That's why corporations don't want the Durbin bill (S. 887) to pass.
    * Far from protecting the US workforce, the Durbin bill (S.887) will give us a chance to compete for job openings in our own country, thus preventing these corporate crimes.
    * It's the responsibilty of the federal government to ensure that we have the freedom to compete- and we will get this freedom to compete when S.887 passes.
    * If these companies were required to seek local talent first, these shakedowns would virtually disappear.
    * The discriminatory practice of recruiting abroad for US job openings now breeds a form of exploitation unimaginable to 21st century Americans. These cheats could never swindle Americans this way.

    Our posts promoting the Durbin bill will be watched -- and measured -- by Congressional supporters of the Durbin bill and all of the players who will be at the table when this issue comes up in the fall.

    Your posts supporting the bill and defending American labor and talent will let all the players know that American IT professionals are standing up for what they want and shaping the circumstances of our lives.

    Donna Conroy
    Director
    Bright Future Jobs (http://www.brightfuturejobs.com)
    dmconroy@sbcglobal.net





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  • dupedinjuly
    07-13 04:44 PM
    DREAM act does not benefit Highly Skilled Immigrants in anyway. Let someone else lobby for it. If you think there is something important that affects/benefits us, then please post that.





    EndlessWait
    10-02 12:49 PM
    I am not sure what a_to_z_Gc is looking for more details, but I would like to now if your case was transferred from NSC to CSC and back.
    Those whose cases have transferred back to NSC have not received the FP notices. I would like to know if your case was transferred back to NSC.

    when did u get ur reciept?





    gc_buddy
    07-24 02:38 PM
    EAD E-filed on June 19th
    FP Done on July 11th

    No approval as of now.



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