Sunday, June 19, 2011

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  • ozone123
    07-16 09:25 PM
    Just posted this reply at http://www.numbersusa.com/helpform

    Hello,

    I happened to come across your fax initiative "Ask your Members of Congress to oppose the SKIL Act H-1B increases".

    Seems like you have got many facts wrong.
    I'm surprised that an advocacy group as yours would try to make statements that would dilute your own credibility.

    Below are some corrections,

    "(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies."

    The above statement is a matter of perspective. People can still come on visitor visas and have babies here.In any case, I personally do know of people who have gone back to their own countries to have their babies.

    "(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers."

    The above statement in COMPLETELY incorrect.
    Everyone on H1-B is required to pay federal, state, medicaid, Social Security and other taxes that any other native employee would pay.
    On the other hand, H1-B employees dont stand to gain from the Social Security when they relocate back to their country after 6 years.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    This is incorrect too.H1-B requires labor clearance and specific skills, even for h1-b transfers.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    You got to be kidding.There is no such thing.
    I would appreciate it if you can quote any official source of this info.


    Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
    The trust will be out soon.

    Sincerely.
    XXXXX





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  • wait4ever
    09-28 08:48 AM
    I have worked in the EU for more than 6 years - it is a very tough place to work and live - I bet most people here wold not last very long in the EU environment - there is a clear segregation over there huge language issues, huge cultural barriers and serious acceptability hurdles.

    All this blue card business is just talk - Germany had introduced a similar card sometime ago and there was a big rush to get those - after a year most of those cards went un utilized and finally Germany killed the scheme, guess what most folks who landed there had tough time getting stuff done and constantly faced huge social resistance.

    Also building a permanent life in the EU similar to one that most folks are looking for here - is very difficult not mention expensive and forget about career advancement and all that stuff - every time you feel like getting some satisfaction - just fly down to Amsterdam - that is pretty much it.

    The best option for those folks looking to get out of the GC loop is India - that is where the action is if you dont want to stay here.

    Most people who say that EU is a great option are clueless about the real world.

    "Rising Euro - Blue Card - Promising Opportunities in the EU" - what a laugh !

    I would love to find out what is being smoked by folks who come up with these titles - it is probably the same stuff that is being smoked by people who are pushing the DREAM act !!

    Let me hear about your opportunities when you are on a crowded S BAHN in uptown Munich and no one will sit next to you even though the train is packed - people would rather stand than sit on a vacant seat next to you.

    Enough Said.





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  • deepimpact
    09-10 01:04 PM
    I thinkThis year will be good for EB3.
    With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
    Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.

    CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.

    If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.

    I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.





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  • stucklabor
    07-24 10:15 PM
    .. there should definitely be some policy interpretation at the discretion of the USCIS

    1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application

    2) If you are interpreting it based on the words ....

    "an immigrant visa is immediately available to him at the time his application is filed"

    Then according to 245(a)(2)....

    "the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "

    ....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.

    Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.



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  • crazyghoda
    01-30 03:17 PM
    Ok now I am very very confused :confused:

    Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues. After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.

    Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.

    My question is - Is the time I havent been working considered as Out of Status?





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  • signifer123
    02-16 01:02 PM
    Lol only one person i know of said they were giving up man, i just have to replan my look for mine



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  • bharad
    02-04 02:38 PM
    have sent you a p.m.





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  • ItIsNotFunny
    10-15 04:40 PM
    Guys,

    It was just a suggestion. If we together decide after analysis that this is not a good idea, we can divert our energy to something that is more productive.

    By the way, I already got few red flowers (red dots) :)



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  • rajarao
    10-21 12:29 PM
    I sent mine yesterday. Do we get an acknowledgement and a number after this?.





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  • gcobsessed
    07-11 08:40 PM
    I consider this movement of dates a ticket to enter a lucky draw. Whatever visa numbers remain to be used in last two months of the fiscal year is going to be allocated at random to people who have their PD current in this period. So, congratulations to whoever gets lucky.

    Well, your luck might be influenced by a variety of reasons like when you sent your application, whether your 140 is already approved, is it a complicated case, pending RFEs, etc. Nevertheless, it still is good news that so many people are now eligible to participate in the draw...



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  • suresh.emails
    01-18 11:12 AM
    Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

    On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

    On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

    One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

    I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

    Sir, are you a US citizen?

    I said, No

    Then, he asked me, can I see your immigration documents.

    I have shown my passport to the police officer.

    He looked at H1-B visa and I-94 and asked me; who do you work for?

    I said my employer�s name.

    Later, he gave me my passport back.

    Now,

    I have asked the Police Officer few questions

    1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?

    Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

    2. What would you have done to me, if I had failed to present my passport?

    Police office said, I could have DEPORTED you.

    3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

    Police office said, No. Technically, you must carry original documents at all times.

    I would advice you to carry Passport at all times.

    I did not know this until Police Officer told me about this LAW.

    P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.





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  • indianindian2006
    07-14 06:09 PM
    This is aboslutly incorrect. Dont spread false information.

    Here is the Q&A in USCIS memo abot changing employer before 180 days

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate

    You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.



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  • lazycis
    01-18 06:54 PM
    By law, you are not suppose to make copies of an official US document.



    I am not sure what are you talking about here. Is it illegal to make a copy of the approval notice or driver license? Police may not accept it, but it is not illegal. I received that advice from an attorney when I asked whether I have to carry a GC with me all the time.





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  • chanduv23
    10-02 09:54 PM
    All NJ mebers follow this link

    http://immigrationvoice.org/forum/showthread.php?t=14048



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  • engineer
    06-12 08:18 PM
    http://www.chowk.com/show_article.cgi?aid=00008032&channel=civic%20center.

    note: I wrote to editors at chowk.com to add in foot note that is press release from Immigrationvoice.com.

    Please go there and interact to get more people aware of this issue.
    Chowk is read by many Southeast Asian people....

    For those who don't know Chowk.com here is an excerpt from their website:

    "Chowk's Success
    Ideas (the written word). Identities (the members). Interactions (the discussion). Over 3500 published articles, 20,000 registered members, 300,000 moderated discussions, and innumerable forum style impromptu responses. "





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  • eeezzz
    02-14 03:22 PM
    Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.
    I think what USCIS can do in order to achieve your "fair play" is they will start to put country limit on H-1B also and then cut off date show up for some countries for H-1 applications(PS: unused quota can't go to oversubscribed countries at 4th quarter). In this case, years later, there's no need for specific country bulletins for EB.
    The current case is over 50% of H-1B issued to Indian and Chinese every year. And that is why now most people here are waiting.
    Do you think RoW H-1B applicants should shout loud and ask for the country limit to be set on H-1B?



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  • kumarc123
    10-23 02:01 PM
    Obama clearly explained that he wanted to end abuses of the H1-B visas that is used by highly qualified specialists to work in US. He added that he would make "immigrant workers less dependent on their employers for their right to stay in the country, and would hold accountable employers who abuse the system and their workers".

    I read that too, the problem is that American people have now become aware of the H1B visa abuse, I believe all these Desi vendor/body shops have really abused the system to the root. If democrats take over, which I interpret they most likely will, they will put out much strict regulations on these small companies. I know some people in my university are planning to join a community that will report the Desi companies abusing the system to department of commerce, because their are some people who failed to get H1b visa in last two years due to the lottery system.



    Thanks





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  • nojoke
    10-22 03:07 PM
    I mean tax everyone equally. During this tough economy time, consider everyone and not the middle class or upper class or lower class.

    Equally- That is tough to define. Equally as a percentage of their income/earnings? Rich don't even have 'income' to pay the income tax. They probably are paying 5 or10% of their earnings, while you and me pay 30+% of our income.





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  • namecheck3yr
    02-21 11:26 AM
    I am trying to immigrate to this country. I feel that I have my own responsibility to make this country a better place. From my own experience, I know that the namecheck is the most ridiculous process, needs immediate fix:
    1. What is the legal base? No legal base makes it become such a black hole.
    2. No time frame, they can use �case by case�, �national security� as excuses to randomly delay your cases.
    3. It�s a lottery, we can only pray, some people get it cleared in one month, some more than 3 yrs.
    4. Case by case? We�ve got a lottery program. Where is the justice, the fairness? How should those affected people plan their living and become a productive citizen?
    5. National security? You should not give those �terrorist suspects� more that 3 yrs of freedom! Should it be done earlier before they enter this country?
    6. The 911 terrorist attacks did not directly affect most people, but name checking makes many people very anxious. They are amplifying the effect of the terrorist attacks and that is what the terrorist wants. What is the efficiency of this measure?
    7. No transparency, nobody knows how they do it.
    8. Not responsive, you cannot get any meaningful response except those excuses.
    9. You are guilty first, you do not have any chance to provide any assistance to them, and they won�t request any either.


    retrohatao willgetgc2005 wam4wam & stirGC,

    Thank You for your input. This is very helpful to highlight the name check problem. The problem description and proposed solution by retrohatao are very good. However, just allow me to share a bigger picture. There is no difference between any issue is being categorized by someone to be a sub-issue or if an issue is categorized as main issue. What is important is that the issue is being addressed ....

    willgetgc2005, just so that you know, I am also stuck in name check since June-04 and my 485 is pending since Oct-03. Just like you, this issue directly affects me. No doubt this is a very important issue. As berkeleybee mentioned, this is being addressed and communicated to the lawmakers and CA team did an excellent job in making the presentation to the lawmakers.

    Even though name check delay issue directly affects people like you and me, know that this is not the only important issue. The point is, many people only care about getting to the next stage of GC process. If someone's labor is stuck, that group thinks that labor certification clearance should be the top priority. If someone's 140 got rejected, then that issue should be the only issue on IV's agenda. If someone is not able to apply for 485, then that person wants to make that as the top priority. If someone is a PHD, then that person wants the top agenda should be to get GC to the guy who has PHD and the argument presented to us is - don't you get it, I am a "PHD". The other day there was a group of people including techworker_tn1, helpful_leo etc who wanted to form their own group for PHDs. And now, if someone's name check is delayed, then we say that everybody will have to go through it sometime in the later stage, so this issue should be on the fore-front of the list of issues.

    I am slightly perplexed by the behavior of some members who seems to indicate that we are in some sort of race with one another. And these members seem to send out a message that says - if their issue is not listed as top priority goal then all other issues that IV is working to resolve or all the work being done by IV is worthless. I am slightly disturbed to read posts like the one from wam4wam which says that he/she hopes that bill is not passed till his/her name check is cleared.

    This is a sincere request to everybody. If all that we think about is 'what's in it for me', then we cannot find commonality among ourselves. And thus no progress is possible. Know that with this thought process, nothing will happen.

    IV is an organization made by people like you and me. If everybody's objective is to get to the next stage of green card process, know that we are not behaving like matured and "educated" class that we all claim to belong. Just reaching the next stage of the process is something like looking for instant gratification which actually doesn't help the cause or the complete green card process.

    Most humbly, I would like to request you to post your experiences with how many people you have communicated about the efforts of IV? How many people you have convinced to join IV? What is the success rate? Were you able to persuade the people to contribute for this cause? Those things will help more than anything else. If IV is bigger and stronger, we can together address each and every issue. Ask yourself, how is it possible to continue to include more agendas and not come up with more helping hands and more resources and expect to succeed?

    If you do not see a favorable post or see a post that doesn't contain something that you want to hear, please do not infer that nobody cares or as if no one is doing anything. That post may just express somebody's opinion. I must mention that everybody wants their agenda to be pushed to the top. If there is some sort of a debate from others in the forum, I see that group of people starts backing off and starts posting messages to communicate as if this forum or IV is not doing what it should; Or some people start posting messageas hoping that bill will not pass if their agenda is not addressed.....and on and on. Please let me share that this doesn't help anybody.

    retrohato, Would you like to take the lead on making name check to the forefront and address it in every possible manner? IV needs sincere people like you who can spend time to do each task. We have very good ideas on how to approach this issue and find a solution to this issue. If you could please take the lead on this issue, know that name check is top priority of IV. I would request you to please call us at anytime convenient for you and express that you would like to work on this issue. We need people who are ready to take ownership of issues and are ready to deliver. Would you like to join this effort actively?

    Just so that everybody know, Immigration Voice could include 'World Peace' as one of the agenda items. But just including something as Goal doesn't mean that it can be achieved. To achieve anything that is listed as goals or to meaningfully add anything to the goals we need more serious people and more resources. If you are interested to actively contribute, please call us and we will connect you to the larger group of people to team-up the work for this issue. It is ok if you are not able to participate actively. It would help if you could please encourage others to take up the responsibility. Just because people are not agreeing with you, posting negative or discouraging messages will not help anybody.

    America is a great nation. That is why we want to stay here and want our GC sooner. JFK once said that 'Ask not what your country can do for you, ask what you can do for your country'. One of the reasons why America is Great is because of the people of this great nation delivered what JFK said. We all could learn from this and before making any claim to being part of the American fabric or before claiming to be from "educated" class, maybe we need to stop behaving in way that only sends out the message 'what's in it for me'.





    cn0568
    07-23 12:09 PM
    Thanks for your replies.
    Following are the clarifications.
    1. Currently I have only the L1-A Visa stamped on my passport. Also I have the I-94 which is of L1-A Visa (I entered USA on L1-A Visa).
    2. I have received the receipt issued by the USCIS for the H1B and it is valid from Oct-07.
    Hope this helps.
    Please let me know if you require any additional information.





    ronhira
    03-12 12:37 PM
    I made it very clear even in past. I am more rational kinda guy. I want to know where my money is spent at high level - no details. I know its against IV policy. So I admire what IV is doing, I appreciate donor only forum but not contributing yet. May be I am wrong being too hard to be convinced. I will think over.

    n.b.: Yes, I do follow all action items including calling and faxing. I think everybody does this so needless to mention.

    u would think..... that everyone follow action items...... then y would we be in this mess if everyone is doing what they should......

    i think greyhair, you, kumarc123 are all part of the problem...... let me re-phrase that.... u r all a disease plaguing this eb community...... everyone has their own little petty reason for not participating...... so just eat taco with u'r $25, no need to think over.... keep volunteering me for doing things for u.... i don't care much for this bickering back & forth.... so leave me alone & let me enjoy my friday....



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