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Friday, June 24, 2011

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  • Jaime
    10-05 12:45 PM
    Dear Sir/Madam:

    Thank you for your attention. This is in regards to your online edition article today �Republicans Rev up for Economic Debate�

    http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj

    In your article the writer makes a link between high-skilled workers and illegal aliens by talking about the two groups in the same paragraph, thus conveying to the average reader that the two are connected, and/or that high-skilled workers are illegal yet �must be retained�

    This is misleading in extreme. High-skilled workers are in the U.S. on Legal visas that are sponsored by their employers. These visas are issued to limited numbers of foreigners in areas where no American workers have been found. These legal workers have to go through grueling government �labor certifications� and extreme waits and red tape just to perform their work, which usually includes U.S. patents and successful start-ups. I urge you to make a correction or an errata to this article which is probably an honest mistake, but which is very unfair, misleading and just plain untrue. Thank you once more.

    Sincerely:





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  • vinerva
    08-27 05:07 PM
    Guys,
    I think all of us EB2 ( including yours truly) are guilty of too much analysis paralysis of EB2 visa no.s for the remainfer of FY 08. With today's post by a lawyer on DOS communication to USCIS to stop allocating visa numbers to India/China till OCT 1 , 08, it is clear that USCIS will never get its act straight unless we are completely united and press on for a major drive to senators to pass the visa recapture bill ( regardless of EB2 and EB3) . So let us start flooding the senators inbox, voicemail and email with letters urging them to pass the recapture bill. To that extent I request all of you double your efforts. The next session of senate, which starts next month, is a short session and we should act NOW. otherwise nothing will happen until late next year.





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  • pappu
    01-13 03:21 PM
    Who is logiclife?

    He came he saw and he conquered with his long post on AC21 and Cobra and went away.

    He is currently working on IV work in the background.





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  • gman
    03-11 12:14 PM
    let us start May 2009 predictions.

    EB3-I 2003 October

    Vegas: Black
    Powerball: 1 7 13 35 37 41

    I'd trust vegas and chance more than USCIS. A tarot reading may be more accurate.



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  • 485_spouse
    03-13 01:31 PM
    added a small contributioin of $100.





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  • makemygc
    07-06 10:45 AM
    Theoratically what you say is correct. Once the revised bulletin came out people are not supposed to file / send out mails in this matter. However, what the AILF is going to fight is the "revised bulletin". They are going to fight that uscis cannot publish a revised bulletin at such a short notice and if they (AILF) wins, this revised bulletin is nullified and July will become open to every one with LC, right??

    Not quite but your first part was right. AILF is focussing on the revised bulletin but from immigration-law and AILF documents it seems they are focussing on getting some visa number for July. Opening it for all will not going to work and judge will not allow. But it's too early to interpret. Please hold on before AILF clarifies or file the lawsuit.
    If IV core has some information, please share with us.



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  • alterego
    10-10 04:54 PM
    The only positive thing I can take from this visa bulletin (assuming there is even a modicum of linear thought possible on the movement of dates) is that the 485 traffic for PDs between 2002 July and Jan 2003 is fairly light for EB2 India. After all they stated as much in their footnotes about anticipated movement of PDs. This can be construed as offering some hope for those from EB2 India with priority dates in early 2003 (say up to march). After all anyone in their right mind would not chance CP now with the fluidity of priority dates and the pending BEC deluge of cases, and the hordes of people hunting labour subs. etc. Basically if anyone gets the chance to file 485 they will do it lest the dates retrogress again while they are waiting for the consular interview.

    So those with early 2003 dates can be hopeful now, later than march and I doubt you will be in this fiscal years quota.

    Very true about the nurses and PTs. This will definitely lead to a lot of noise and I am quite sure the remaining 50K visas left for recapture for yrs 2002-2004 will also be recaptured soon after the elections. I hope for the SKIL provisions but am less confident about them than I am about the Schedule A workers.





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  • vine93
    07-15 02:21 AM
    When I start shopping for Life insurance. I asked for written from insurance .
    1. If I moved permanently to India , will it be applicable there too. Yes
    2. H1 candidate eligible. Yes

    only NYlife given me in written. rest of them didn't give in written. metlife I didn't try.

    I have 20 yr term disability and termlife insurance also.They added $52 for disability.

    few of them told me yes verbally but hesitate to give in written.



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  • GCHope2011
    07-02 06:44 AM
    Obama is probably the worst President we have had in history OR may be his advisors are to be blamed. All they want to do is stop and punish business and then get votes by giving illegals free stuff. Legal residents spend at least $10-20K to remain legal and these freaking democrats want illegals to pay $500 and get citizenship (not even just GC).
    Vote out all democrates in the coming elections. GOP is the only party that cares about America - not just for short term votes.

    When you complain about latino or hispanics - everyone says this is not only about hispanics....many other nationalities are illegally here....but then only hispanic cacacus gets a meeting with Obama to push their illegal agenda forward.

    NO AMNESTY - yes, we can!

    What is this crap about immigration laws splitting families - how are the laws splitting families? Why can't the illegal resident in the US go back home to their family and the issue is solved. We don't need JPL labs or NASA to get involved (not rocket science).

    We can deport 11 million illegals by enforcing CURRENT immigration law and arresting and heavily ($50000 or extra jail time) for employers that employ illegals - knowingly or unknowingly. The burden should be on the employer to find out. Slowly, without jobs latinos (yes, the majority of illegals) will start leaving...going back - self deportation.
    While we may have our personal views on the efficacy or effectiveness of the US political system and the politicians, we should refrain from using this forum to cast aspersions on individual actors and parties in the system or painting them with a broad brush. No system is perfect, and the US politics and the political system is no different. On the whole, it does seem to work better and in a more civilized way than in other countries most of the times.

    We are an advocacy forum and need the support of everyone in the political system for our cause. Bad mouthing people certainly does not win friends who can help us.





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  • nyte_crawler
    04-02 04:26 PM
    Its simple. If your priority date is <Year> then you wish it to be in <Year> and you predict to be so and say that the rest of the categories will not move.



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  • eb2dec2005
    09-22 02:49 PM
    Invoking AC21 is easy, but you need to know what you can expect and how to resolve it

    (1) If you decided to change to new employer using EAD - there is nothing you need to do. Just join and work.
    (2) As employer is asking what they need to do - tell them they need to provide an AC21 letter of support - you can find various formats on the web.
    (3) Your new job must be in same or similar category.
    (4) Call customer service to verify your address on file - also hire a personal attorney and make sure they file g 28 and have them on file too for USCIS communication
    (5) Your AC21 letter may/may not reach your file depending on the service center, officer and a lot of other factors.
    (6) Usually most AC21 cases go through just fine unless your ex employer requests a revoke on i 140 - in such a situation you may get an RFE, NOID or a straight denial on 485 - nothing to worry about - you can resolve all these and you will find yourself back on track.

    Hope this helps

    Thank you so much for your valuable suggestions,chanduv23 and Superdoc





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  • Macaca
    08-12 06:08 PM
    In fall 2003, an applicant filed a green card application, which remained pending due to FBI name checks until spring 2007. During the course of the adjudication, the applicant was fingerprinted and applied for interim benefits several times.

    Although the applicant applied for most of the interim benefits in a timely manner, the filing of the last EAD was not timely, and the applicant had to end his employment. In correspondence to the Ombudsman in the winter of 2007, the applicant related that he is a cancer patient who no longer has income necessary to pay for treatments. (page 40)
    A green card application filed in late spring 2003 with a service center remains pending. The applicant filed his fourth EAD in the fall of 2006. In January 2007, the applicant needed the EAD to continue employment, but had not yet received it more than 90 days after filing. As advised by USCIS, the applicant visited the USCIS field office to obtain an interim EAD. At the field office, USCIS told the applicant it no longer issues interim EADs. USCIS gave the applicant a form to request an interim EAD, which the applicant filed with the service center but received no response.28 The applicant contacted the Ombudsman in February 2007. The applicant�s green card application remains pending, while the interim EAD was approved late. (page 17)



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  • greenkard
    03-17 01:55 PM
    Thanks for inputs in the forums.

    EB3-India cannot be discriminated.
    Anyone in EB3 after 2-3 years waiting is qualified under EB2-I. And we see people waiting for much more. How can we be discriminated then. We have to do something.

    We are able to get very good number of people with like minds in Edison, NJ and other big cities with big concentration. We are planning to start a drive against this discrimination, in about 2-3 weeks from now. We would like to write to the honorable policitians and processing centers like Texas and others and to USCIS to treat all fairly.

    1. EB3 India cannot be treated unfairly, wheras EB3-China is much ahead. Why is this.
    2. EB2-India is Feb 2004, wheras EB3 India is Nov 2001 for many years. Why is this.
    3. Why are allowing family immigration when skilled immigrants are waiting.
    4. Why should greencards be counted head-wise, whereas H visas are not.
    5. On the whole, why backlogs and punishing us.

    These are the lines in which our group plan to drive this.,send more ideas.

    For this we need money and more impo'ly efforts, so please contribute smartly as we request below.
    We have teams in all major software hubs like NJ, DC, Livermore, CA, TX, Detroit, and and will need volunteers. We will soon come up with a yahoogroup to communicate.

    We plan to send 10,000 letters and other awareness programs letters to the concerned people.
    We plan to have our small booths in temples where many people will come.
    We will print all the letters, you just need to buy the stamp from us and mail it.
    Or give us an envelope with the 42c stamp. We need about 5-10 from you all.. So its will be $5.00 per head. That way there will be no quesiton of transparency. But if you want to donate more, you are welcome, instead we will prefer you put your efforts in creating strenghr and pass the word.
    We cannot keep quite like this. There is no reason why EB3-India will move forward in current situations and with current rules.
    We know EB2 will be upset, but based on your contribution, we can fight together, else we will go alone. EB3 is big enough to go by itself.

    We plan to wear white dress with white caps.. for peace.. So we can be easily spotted. Give us a envelopes and stamps.. or we will give you addresses to send and the document.. As you wish...Or buy the stamps from us and take the printed content from us in free envelopes.





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  • senthil1
    05-28 06:39 PM
    They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first.

    I had similar experience in one of my previous consulting companies when I was in bench. Also I was asked to conduct this kind of interview in Week ends. I did reluctantly and I knew the feelings of those persons who were interviewed. I think many Indian companies are doing those mainly for green card processing.

    H1b is not needed for certain kind of jobs like QA, repeated works and minor programming works(Many jobs are like that). I can very well say that atleast 50% of high tech jobs can be very well done by American citizens. This fact is known by Indian companies also. In my project most of them are American citizens and their skills for far better than many H1b persons.

    In one financial company in Bay Area CA they laid of 200 persons and they gave the project to Indian Company in 2006 in which 30% are here(h1b and L1) and remaining in India(offshore). They could have kept 30% of their employees and remaining they could have outsourced. But Company wanted cost savings also. These kind of incidents will increase hate for H1b program



    Hi,
    I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.

    The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.

    I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.

    The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.

    Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.

    Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.

    My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.



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  • texanmom
    08-15 10:31 AM
    From everything I've read before, it is safe to stay with the sponsoring employer for at least 6 mos.

    There have to be extenuating circumstances to leave earlier than that, and be prepared to elaborate during the citizenship interview.





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  • bugsbunny
    04-21 02:19 PM
    Exactly! This person is making her parents go back and forth every six months, but wont consider moving back home and post such stupid questions and asks why don't create a new visa category?? Ask her if she will go meet lawmakers for this??

    Please watch your language. Its a valid question. If you and your spouse have good jobs here and children are in school....moving back to support your parents may not be so feasible both economically and also for many other reasons. If you don't have useful and helpful suggestions to relieve the problem then please refrain from making attacks and have respect for others. you don't fully know or understand the person's circumstances



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  • Macaca
    08-12 11:28 AM
    There were 1M+ EB GC applications as of March 2007 (when Ombudsman's report was written). There will be 1M additional applications by Aug 17 2007.

    Lets assume a very conservative #: 1.4M by Aug 17. Then, 1.4M/140K = 10 years minimum.





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  • bkam
    03-27 10:43 PM
    The problems with the 350,000 GC-candidates are mainly two - BECs inefficiency and lack of enough visa numbers after LC approval. Fighting both issues should be the main goal of IV and have to be presented to the Congress. They are inter-related and should go together.

    And, by the way, the problems of the legal immigrants should not be considered as "Indian/Chinese" only, this will not help much. These problems are common for the legal immigrants from many countries and this should be highlighted before the Congress. Do not forget that those congressmen are descendents of immigrants from all over the world, not from India and China only.





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  • vallabhu
    07-20 11:23 AM
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    she81
    09-27 04:46 PM
    Hmm, that sounds cool - consolidating the qualifications into a huge stack to make an impact. I second that.

    This was discussed before and I cannot find it now..but here is an extension of the degrees idea.

    1. Get everyone involved in the GC process to make a copy of their degrees/ qualifications/ certifications/ patents/ papers/ publications/ etc

    2. Format it into standard size (perhaps A4)

    3. Get a stamp on each of those sheets that says 'TRASH' or something else - maybe 'REVERSE BRAIN DRAIN' or 'KEEP TALENT IN THE US' - we can work that out.

    4. Get each State Chapter to create a binder/ maybe more if we can get enough participation.

    5. We can submit a copy of that to local congressman and senators. We can also put all states together and send that to the White House, perhaps.

    This will take a lot of coordination from all state chapter...but it is doable.
    Any thoughts???

    Please don't shoot me down if you don't like it :) I just wanted to put my 2 cents in :p





    h1techSlave
    10-05 01:31 PM
    Thanks Dude.

    I have used your template to send my complaint to this misleading reference in their article.

    Sub: Misleading reference in your article

    Dear Sir/Madam,

    In your Online Edition the following section in a news item is misleading and misinforming.

    http://online.wsj.com/article/SB1191...googlenews_wsj
    "HIGH-TECH EMPLOYERS get lift from House Republican letter to Speaker Pelosi urging passage of immigration bill to help "attract and retain" high-skilled workers. But in the poll, 56% of Republicans earning more than $75,000 annually would "strongly" or "partially" agree with candidate who would bar illegal immigrants from path to citizenship."

    High Tech Employers DO NOT employ "Illegal Aliens". All immigrants sponsored by employers are law abiding LEGAL immigrants. Your news item is defamatory and libelous to legal Highly Skilled Immigrants who have been waiting for years, some as long as 6-7 years.

    Please take corrective action to rectify the mistake ASAP.

    Thanks In Advance.

    Regards,
    XXX
    Legally working in the US since 1998.


    I sent them my share of brickbats. Have you?

    -----------------------------------------------------------

    Dear Sir/Madam,


    In your Online Edition the following section in a news item is misleading and misinforming.

    http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj

    HIGH-TECH EMPLOYERS get lift from House Republican letter to Speaker Pelosi urging passage of immigration bill to help "attract and retain" high-skilled workers. But in the poll, 56% of Republicans earning more than $75,000 annually would "strongly" or "partially" agree with candidate who would bar illegal immigrants from path to citizenship.

    High Tech Employers DO NOT employ "Illegal Aliens". All immigrants sponsored by employers are law abiding LEGAL immigrants. Your news item is defamatory and libelous to legal Highly Skilled Immigrants who have been waiting for years, some as long as 6-7 years.

    Please take corrective action to rectify the mistake ASAP.

    Thanks In Advance.

    Regards,
    XXXXX



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